Executive Committee of the
Clean Power Alliance of Southern California
Regular Meeting
Thursday, September 19, 2024
1:30 p.m.
Visit CPA’s YouTube Channel to view a Live Stream of the Meeting www.youtube.com/@CPApublicmeetings
*There may be a streaming delay of up to 90 seconds. This is a view-only live stream.
Clean Power Alliance
Executive Conference Room
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
Members of the public may also participate in this meeting remotely at the following locations:
Ventura County Government Center
CEO Point Mugu Room, 4th Floor
Hall of Administration
800 South Victoria Avenue
Ventura, CA 93009
Camarillo City Hall
Office of the Mayor
601 Carmen Drive
Camarillo, CA 93010
Sierra Madre City Hall
Council Chambers
232 W. Sierra Madre Blvd.
Sierra Madre, CA 91024
Los Angeles County Hall of Administration
Sybil Brand Conference Room, Room 372
500 West Temple Street
Los Angeles, CA 90012
Carson City Hall
Executive Conference Room
701 East Carson Street
Carson, CA 90745
Hawthorne City Hall
Administrative Office
4455 W. 126th Street
Hawthorne, CA 90250
Agoura Hills City Hall
Planning Conference Room
30001 Ladyface Court
Agoura Hills, CA 91301
Ojai City Hall
Conference Room
401 S Ventura St.
Ojai, CA 93023
Beverly Hills City Hall
Council Office, 4th Floor
455 N. Rexford Drive
Beverly Hills, 90210
Alhambra City Hall
Conference Room
111 S. First St.
Alhambra, CA 91801
PUBLIC COMMENT: Members of the public may submit their comments by one of the following options:
• Email Public Comment: Members of the public are encouraged to submit written comments on any agenda item to [email protected] up to four hours before the meeting. Written public comments will be announced at the meeting and become part of the meeting record. Public comments received in writing will not be read aloud at the meeting. • Provide Public Comment During the Meeting: The General Public Comment item is reserved for persons wishing to address the Committee on any Clean Power Alliance-related matters not on today’s agenda. Public comments on matters on today’s Consent Agenda and Regular Agenda Agenda Page 1
shall be heard at the time the matter is called. Comments on items on the Consent Agenda are consolidated into one public comment period. Members of the public who wish to address the Committee at CPA’s Office are requested to complete a comment card and provide it to staff. If you are attending from a remote location, please identify yourself to a CPA representative when your item is called. Each speaker is limited to two (2) minutes (in whole-minute increments) per agenda item with a cumulative total of five 5 minutes to be allocated between the General Public Comment, the entire Consent Agenda, or individual items in the Regular Agenda. Please refer to Policy No. 8 – Public Comment for additional information.
NAVIGATING OUR AGENDA PACKETS
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ACCESSIBILITY: Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the Clerk of the Board at least two (2) working days before the meeting at [email protected] or (213) 713- 5995. Notification in advance of the meeting, while not required, will enable us to make reasonable arrangements to ensure accessibility to this meeting and the materials related to it.
CALL TO ORDER AND ROLL CALL
GENERAL PUBLIC COMMENT
CONSENT AGENDA
1. Approve Minutes from August 15, 2024, Executive Committee Meeting
REGULAR AGENDA
2. Oral Update from the CEO on CPA Operations
3. Review Draft Agenda for the October 10, 2024, Board of Directors Meeting
4. Receive Presentation on Energized Communities Innovation Fund and Provide Input on the Selection Committee Structure that will Recommend Innovation Fund Projects to the Board of Directors
5. Review and Provide Input on the Proposed Amendments to CPA’s Non-Energy Public Contracting Policy
CLOSED SESSION
6. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1
Agenda Page 2
COMMITTEE MEMBER COMMENTS
ADJOURN – NEXT REGULAR MEETING ON OCTOBER 24, 2024
Public Records: Public records that relate to any item on the open session agenda for a Committee Meeting are available for public inspection. Those records that are distributed less than 72 hours prior to the meeting are available for public inspection at the same time they are distributed to all, or a majority of, the members of the Committee. Public records are available for inspection at CPA’s Office at 801 S. Grand Ave., Suite 400, Los Angeles, CA 90017, or online at www.cleanpoweralliance.org/agendas.
Agenda Page 3
Staff Report – Agenda Item 1
To: Executive Committee
Subject: Approve Minutes from the August 15, 2024 Executive Committee Meeting
Date: September 19, 2024
RECOMMENDATION
Approve.
ATTACHMENTS
1. Minutes
Agenda Page 4
Executive Committee Item 1
MINUTES
Executive Committee of the
Clean Power Alliance of Southern California
Regular Meeting
Thursday, August 15, 2024
2:00 p.m.
Meeting videos are available on CPA's YouTube Channel.
http://www.youtube.com/@CPApublicmeetings
Committee Members participated in this meeting from the following locations:
Agoura Hills City Hall
Planning Conference Room
30001 Ladyface Court
Agoura Hills, CA 91301
Clean Power Alliance Office
Executive Conference Room
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
Sierra Madre City Hall
Council Chambers
232 W. Sierra Madre Blvd.
Sierra Madre, CA 91024
Camarillo City Hall
Office of the Mayor
601 Carmen Drive
Camarillo, CA 93010
Ventura County Government Center
CEO Rincon Room, 4th Floor
Hall of Administration
800 South Victoria Avenue
Ventura, CA 93009
Carson City Hall
Executive Conference Room
701 East Carson Street
Carson, CA 90745
Los Angeles County Hall of Administration
Sybil Brand Conference Room, Room 372
500 West Temple Street
Los Angeles, CA 90012
Ojai City Hall
Conference Room
401 S Ventura St.
Ojai, CA 93023
The Westin Hotel Long Beach
Belmont Conference Room, 1st Floor
333 East Ocean Boulevard
Long Beach, CA 90802
Hawthorne City Hall
Administrative Office
4455 W. 126th Street
Hawthorne, CA 90250
CALL TO ORDER & ROLL CALL
Chair Klein Lopez called the meeting to order at 2 p.m. and Gabriela Monzon, Clerk of the Board, conducted roll call.
Roll Call
Agoura Hills Deborah Klein Lopez Chair Remote
Alhambra Jeff Maloney Committee Member Absent
Beverly Hills Julian Gold Immediate Past Chair Remote
Camarillo Susan Santangelo Committee Member Remote
Carson Cedric Hicks Committee Member Remote
Agenda Page 5
Executive Committee Item 1
Hawthorne Alex Monteiro Committee Member Remote
Los Angeles County Lindsey Horvath Vice Chair Absent
Ojai Betsy Stix Committee Member Remote
Sierra Madre Robert Parkhurst Committee Member Remote
Ventura County Vianey Lopez Vice Chair Absent
All votes are unanimous unless otherwise stated.
GENERAL PUBLIC COMMENT
There was no public comment.
CONSENT AGENDA
1. Approve Minutes from May 16, 2024, Executive Committee Meeting Motion: Committee Member Hicks, Carson
Second: Committee Member Parkhurst, Sierra Madre
Vote: The consent agenda was approved by a roll call vote with one abstention from Committee Member Parkhurst on Item 1.
REGULAR AGENDA
2. Oral Update from the CEO on CPA Operations
Ted Bardacke, Chief Executive Officer, announced the launch of educational forums for new Board members; congratulated Los Angeles County for securing $328 million in California Energy Commission grants to install electrification measures in low-income communities. Regarding the Clean Energy and Reliability RFO, CPA received 172 bids, 58 of them offering deliverability in CAISO. The Energy Committee will meet to analyze the proposals. Mr. Bardacke stated that Board members have received memos regarding the joint rate comparison mailer, and that staff is watching for expected SCE rate changes in October and January.
Mr. Bardacke clarified for Committee Members Parkhurst and Hicks that the grant-funded program will target low-income residents willing to make upgrades to their homes using contractors. The program will be marketed in 2025, with customers getting installations by the end of that year. Los Angeles County will be administering the program for the larger Southern California area; there is a different administrator for the Central Coast area, including Ventura County.
3. Review Draft Agenda for the September 5, 2024, Board of Directors Meeting Mr. Bardacke discussed the consent agenda, including a Community Advisory Committee appointment to represent West Ventura County; the records retention policy; and a contract amendment with SunZia reflecting membership in CAISO and provisions related to the interconnection from New Mexico to California. Mr.
Bardacke reported on the progress of the first 11 sites for the Power Ready program, providing backup power for critical facilities. Staff is finalizing site leases, which depending on the City may need to be approved by city councils, and additional member agencies are showing interest in the program. Sites proposed Agenda Page 6
Executive Committee Item 1
in partnership with other government agencies or non-profit organizations would need to be assessed, requiring technical assistance. Staff will add reports on Energized Communities to the quarterly Power Ready program report. Focusing on the regular agenda, Mr. Bardacke stated there will be an item related to an increase in power demand when EV charger programs go online, including educational engagement.
Committee Member Hicks and Monteiro inquired about CPA working with their cities to produce PSAs relating to EV charging. CPA staff may explore collaboration and suggested member agencies look to the City of Carson’s efforts in launching its own program. A managed charging program may be ready by February. Committee Member Gold asked about management options such as assigning customers specific days to charge their vehicles or using optimization charging times. Joanne O’Neill, Director of Customer Programs, said the goal is to have people charge off-peak and at different times; incentives will be helpful.
4. Receive Presentation on Power Share (DAC-GT) Auto-Enrollment and Provide Direction
Joanne O’Neill, Director of Customer Programs, provided a presentation. The program provides CPA low-income customers a 20% bill discount and 100% renewable energy from local sources and is funded by the California Public Utilities Commission (CPUC). The current number of more than 6,000 customers will increase to over 10,000. Ms. O’Neill described required changes to the expansion; instead of the current opt-in process, new customers must be auto-enrolled into the program and they must be at a high risk of disconnection. Ms. O’Neill provided background on Power Share, described how auto-enrollment would work, discussed the current enrollment baseline, and explained potential auto-enrollment criteria. In early 2025, staff will be targeting a pool of eligible customers from about 14 member agencies. The customer has to be in the CARE program and live in a disadvantaged community. Committee members were asked to recommend criteria in selecting from the pool of customers: customers with outstanding bills, those on a payment plan, or those in the 90th percentile of census tracts according to CalEnviroScreen. She described the pros and cons of each and provided projected numbers of potential eligible customers.
Committee Member Hicks inquired about customer data from City of Carson and staff noted they have general information about neighborhoods they can share to assist with outreach. Chair Klein Lopez asked if the benefits of the program can be used to encourage customers to sign up for a payment plan if they are in arrears.
Staff responded that while the CPUC has reduced marketing budgets through auto-enrollment, the program would be offered to anyone who contacts CPA about a payment plan; customers can still voluntarily sign up for Power Share as well.
Staff clarified for Committee Member Parkhurst that after auto-enrollment, CPA would randomly select additional customers using the criteria determined by the Board. In response to Committee Member Gold’s question about how to ensure customers that need the program most can participate, staff explained that customers in CARE have been income screened through the school system or government social service agencies, not by providing income data to SCE. While CPA cannot obtain customer income data, the criteria presented by staff aims to target customers who need this program most. Chair Klein Lopez suggested a weighted criteria system to capture more new eligible customers.
Agenda Page 7
Executive Committee Item 1
After Committee discussion, staff explained that it would present criteria that the Executive Committee has emphasized as important, including criteria that captures customers with the greatest need for the program that also considered reaching customers in a diversity of CPA’s service area. Staff did note that the established criteria for auto-enrollment must meet CPUC guidelines but can be changed over time. Ms. O’Neill closed the presentation with a list of next steps, including incorporating the Committee’s feedback into tariffs that will be presented to the full Board and implementing a new auto-enrollment approach. The Committee agreed that staff should work on an iteration suggested by COO Matt Langer that customers who fall in all three priority categories take precedence, then prioritize those who are in two of the three categories, and then those that fall into only one category.
COMMITTEE MEMBER COMMENTS
Committee Member Hicks requested information about new regulations requiring swimming pool heaters to go from natural gas to electric power.
Committee Member Parkhurst asked if the 2028 Olympics in Los Angeles will have an impact on CPA operations; staff responded that CPA is part of Olympics planning as a member of the energy implementation working group, and that the City of Carson will host some events.
ADJOURN
Chair Klein Lopez adjourned the meeting at 3:35 p.m.
Agenda Page 8
Staff Report – Agenda Item 2
To: Executive Committee
From: Ted Bardacke, Chief Executive Officer
Subject: Oral Update from the Chief Executive Officer on CPA Operations Date: September 19, 2024
The CEO will provide an oral update on CPA operations.
Agenda Page 9
Staff Report – Agenda Item 3
To: Executive Committee
From: Ted Bardacke, Chief Executive Officer
Subject: Review Draft Agenda for the October 10, 2024 Board of Directors Meeting
Date: September 19, 2024
Staff will provide an overview of the proposed agenda items for the October 10, 2024 Board of Directors meeting for review and feedback from the Executive Committee. The draft Board agenda is attached to this staff report. Information on the main items for Board consideration is provided below.
CONSENT AGENDA
The following items are recommended for inclusion on the Consent Agenda of the October Board meeting.
Community Advisory Committee Appointment
Staff recommends appointing one new CAC member to fill the open seat in the East Ventura/West L.A. County region (Agoura Hills, Camarillo, Calabasas, Moorpark, Simi Valley, Thousand Oaks, and Westlake Village), which was recently vacated by Vice-Chair Jennifer Andreassen-Burke due to additional work commitments. The recommended East Ventura/West L.A. County candidate applicant summary and list of current CAC members are included in Attachment 2.
SunZia Contact Amendment
CPA and SunZia Wind PowerCo, LLC (“SunZia”) are parties to a 575 MW Power Purchase Agreement (“PPA”) that was approved by the Board on November 2, 2023. The Federal Energy Regulatory Commission (”FERC”) recently approved SunZia to join the Agenda Page 10
Executive Committee Item 3
California Independent System Operator (“CAISO”) balancing authority through its Subscriber Participating Transmission Owner (“SPTO”) model. The SPTO model is a new initiative by CAISO to expand its grid, facilitate new long-distance transmission investment, and access diverse renewable resources outside of the State of California to meet in-state climate goals without increasing transmission rates for CAISO customers.
SunZia’s addition to CAISO’s balancing authority should increase CPA’s likelihood of claiming the Resource Adequacy (RA) benefits for this resource. SunZia’s addition to the CAISO balancing authority will allow SunZia to obtain Full Capacity Deliverability Status and as a result CPA will no longer need to obtain Import Allocation Rights (IARs)1 to claim the RA. SunZia has requested certain revisions to the PPA to conform with the SPTO model, which are under review. Should those proposed amendments be acceptable, CPA expects to bring an Amended and Restated PPA for Board consideration at the October meeting.
Non-Energy Contracting Policy & CEO Delegation of Authority This item will be subject to a separate staff report to the Executive Committee.
REGULAR AGENDA
The following items are recommended for inclusion on the Regular Agenda of the October Board meeting.
Energy Team and Efficient Cooling for Low Income Customers Programs Update Staff will provide an informational update on two new programmatic offerings designed to address key barriers for customers, the CPA Energy Team and Efficient Cooling for Low Income Customers.
• By the time of the October 10 Board meeting, CPA will have launched the Board-approved Energy Team service. This service provides personalized on-call technical support for energy efficiency and electrification upgrades to help 1 IARs are important because under the current PPA, CPA’s ability to obtain and retain IARs for a resource cannot be guaranteed by CAISO and therefore obtaining IARs poses an additional risk to CPA to claiming the RA for Sunzia.
Under the SPTO approach, CPA will be able to claim the RA.
Agenda Page 11
Executive Committee Item 3
individuals and businesses make informed decisions. The Energy Team service provides free virtual energy assessments and customized electrification plans to help inform customer decisions about upgrades, and how to maximize cost savings from local, state, and federal rebates.
• In October, CPA will launch the first part of its Efficient Cooling for Low Income Customers rebate program, budget for which was approved by the Board in June 2024. This program will help address the nexus of energy and health, providing low-cost room air conditioning to low-income customers. This equipment is ENERGYSTAR qualified, representing a high tier of efficiency and minimal costs to operate, and can be controlled and leveraged for participation in demand response programs. The program will layer on top of the statewide energy efficiency incentives and platform through CLEAResult, allowing CPA to minimize implementation costs and focus its funding on customer incentives to expand access to cooling for California Alternative Rates for Energy (CARE) customers in our territory. This first part of the program will provide direct-to-consumer point-of-sale discounts on air conditioners; the second part of the program will be focused on owners of small multi-family properties who are looking to add or upgrade cooling systems building-wide.
ATTACHMENTS
1. Draft October 10, 2024 Board of Directors Agenda
2. CAC Appointments
Agenda Page 12
Executive Committee Item 3
Board of Directors of the
Clean Power Alliance of Southern California
Regular Meeting
Thursday, October 10, 2024
2:00 p.m.
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
ROLL CALL
GENERAL PUBLIC COMMENT
CONSENT AGENDA
1. Approve Minutes from the September 5, 2024 Board of Directors Meeting
2. Approve Community Advisory Committee Appointments
3. Approve SunZia Contract Amendment
4. Adopt Resolution No. 24-0X-XX to Approve Amendments to the Non-Energy Contracting Policy & CEO Delegation of Authority
5. Receive and File Bill Positions September 2024 Monthly Report
6. Receive and File Monthly Community Advisory Committee Report
REGULAR AGENDA
Information Item
7. Energy Team and Efficient Cooling for Low Income Customers Programs Update
COMMITTEE CHAIR UPDATES
MANAGEMENT REPORT
BOARD MEMBER COMMENTS
REPORT FROM THE CHAIR
ADJOURN – NEXT MEETING ON NOVEMBER 7, 2024
Agenda Page 13
Executive Committee Item 3
RECOMMENDED APPOINTMENT IN RED
East Ventura/West LA County
(Agoura Hills, Camarillo, Calabasas, Moorpark,
Simi Valley, Thousand Oaks)
Appointed:
• Angus Simmons
• Debbie West
Proposed new appointment:
• Kat Selm
San Gabriel Valley
(Alhambra, Arcadia, Claremont, Monrovia, Sierra
Madre, South Pasadena, Temple City)
Appointed:
• Richard Tom
• Vacant
West/Unincorporated Ventura County
(Ojai, Oxnard, Santa Paula, Ventura,
Unincorporated Ventura County)
Appointed
• Daniel Mora
• Kent Bullard
South Bay
(Carson, Hermosa Beach, Hawthorne, Manhattan
Beach, Redondo Beach, Rolling Hills Estates)
Appointed:
• Cort Cassady
• Diane Wallace
Gateway Cities
(Downey, Hawaiian Gardens, Paramount,
Whittier)
Appointed:
• Genaro Bugarin
• Vacant
Westside
(Beverly Hills, Culver City, Malibu, Santa Monica,
West Hollywood)
Appointed:
• Cris Gutierrez
• David Haake
Unincorporated LA County
Appointed:
• Neil Fromer
• Vacant
Agenda Page 14
Executive Committee Item 3
2024 Community Advisory Committee New Applicant Summary Candidate: Kat Selm Subregion: East Ventura/West LA County Eligible Yes Section 1: Personal Information
A. Home Address: Thousand Oaks, CA
B. Occupation: Senior Associate, The Better World Group Section 2: Qualifications
A. Experience serving on advisory committees / public commissions / similar bodies:
• Currently serve on the Santa Monica Mountains Conservancy advisory committee and the Ventura Land Trust advisory committee.
• I have served on steering committees for both the city of Oxnard's climate action plan and the county of Ventura's multi-jurisdictional hazard mitigation plan update. Cumulatively I have approximately three years and four months of experience serving in this capacity.
B. Experience with outreach or community leadership:
• I have helped to co-found two climate coalitions, the Conejo Climate Coalition and the Ventura Climate Coalition, that advocate for local policies that address the climate crisis such as climate action plans, reach codes, and distributed solar + storage.
• I also helped to found the Conejo Housing Coalition, which advocates for sustainable and affordable housing that is accessible for all. • In my previous role with The Nature Conservancy, I worked on equitable access to open space in disadvantaged communities in Oxnard and Santa Paula.
C. Experience or expertise in the energy field:
• throughout my time steering the Conejo Climate Coalition, I have become familiar with renewable energy, specifically the technical, logistical, and political considerations of building decarbonization, the downsides of natural gas and RNG, and Title 24 parts 6 and 11. Through education and advocacy, my coalition has successfully garnered adoption amongst developers in our city for all electric, leed certified construction of new multi-family projects.
D. Other skills / knowledge / experience to bring to Committee:
• N/A
Section 3: Additional Information
A. Why you are interested / what you hope to achieve:
• I would like to learn more about CPA, become a better advocate for its programs and activities, share this information with my network, and help to create a more sustainable community where I live.
B. List other languages / ability to support non-English speaking communities:
• n/a
Agenda Page 15
Executive Committee Item 3
C. Anything else you would like CPA to know:
• I am in the process of shifting my career towards climate and sustainability, and hope to work on clean transportation and decarbonization projects that center community and environmental justice at my new firm The Better World Group.
Serving on this committee will help me gain perspective and knowledge on critical infrastructure that aids in our fight against climate change, and I hope that my new career will benefit my work on the advisory committee and vice versa.
Section 4: Commitment
A. I will be able to make this commitment.
B. Signed to certify electric holder in CPA service territory and meet eligibility requirements? Yes.
Agenda Page 16
Staff Report – Agenda Item 4
To: Executive Committee
From: Sona Coffee, Senior Program Manager, Local Government Programs
Reviewed By:
Approved By:
Joanne O'Neill, Director, Customer Programs
Ted Bardacke, Chief Executive Officer
Subject: Innovation Fund Project Selection Approach Presentation Date: September 19, 2024
RECOMMENDATION
Receive presentation on Energized Communities Innovation Fund and provide input on the Selection Committee structure that will recommend Innovation Fund projects to the Board of Directors.
ATTACHMENT
1. Presentation on Innovation Fund Project Selection Approach Agenda Page 17
Innovation Fund Project Selection
Approach
September 19, 2024
Agenda Page 18
Agenda
2 Energized Communities Overview
Innovation Fund Approach
Selection Committee Structure
Timeline
CPA staff is seeking Executive
Committee input on the
Selection Committee structure.
Selection Committee will
review and recommend
Innovation Fund projects to the
Board.
Agenda Page 19
3 Energized Communities Pathways to Electrification: Project Options Overview
Building Electrification
Assistance
Funding and technical support
to implement
electrification measures
Community EV Charging
Turn-key public EV charging at
City or County owned sites
Electric Fleet Transition
Funding and planning to procure fleet
vehicles and/or install charging
infrastructure
Innovation Fund
Member Agencies apply for up to $250K to support
decarbonization projects in their communities
cleanpoweralliance.org/
energized-communities
Agenda Page 20
Energized Communities Program Timeline
4 2023 – 2024
Input from CAC, ExCom,
City Managers, Agency staff
and other key stakeholders
Mar - April 2024
Board approval of Building
and Electric Fleet contracts
Energized Communities
program launch
Oct 2024
10/1 Innovation Fund
application period opens
Nov - Dec 2024
Innovation Fund webinar
and office hours
Applications due 12/4
Feb – Mar 2025
CPA Board approval and
Innovation Fund recipients
announced
Q1 2025
Community EV Charging
program design complete
Agenda Page 21
What is the Innovation Fund?
5 $2M in competitive funding for
CPA's member agencies to apply
for up to $250,000/application
Selected projects will address a
decarbonization challenge in the
community
Funding will support projects that
focus on resilience and grid
management, electrification, and
local procurement
Member agencies may submit
applications during each funding
cycle; maximum of one project per
agency may be selected each cycle
Goal: To fund decarbonization projects that support local government efforts to achieve climate and energy goals, address equity needs, and reduce greenhouse gas emissions*
*(This program is aligned with the CPA JPA and the Board-approved Local Programs for a Clean Energy Future Plan) Agenda Page 22
Selection Committee
Structure
Agenda Page 23
Selection Committee Structure
7 CPA will organize a Selection Committee to consider the information presented in the Innovation Fund applications and refer projects to the Board for approval The Selection Committee will:
o Receive an overview from CPA staff on the Innovation Fund objectives and parameters, along with instructions to review the applications
o Review the applications for completeness and alignment with CPA's goals to support decarbonization projects in our communities
o Gather for a debriefing and provide their assessment on which projects should move forward for the Board's consideration
The Selection Committee can expect to dedicate 5-10 hours to the process. This will include two hours for the introductory and debrief meetings and time over a 2-3 week period to review the applications received (≤5 pages each).
Agenda Page 24
Selection Committee Option Summary
The following scenarios, along with considerations for the level of effort to implement each option, are presented:
8 CPA Staff only Selection Committee composed of CPA staff only Selection Committee composed of CPA staff AND
representatives from the Community Advisory Committee
(CAC)
CPA Staff + CAC
Representatives
Selection Committee composed of CPA staff,
representatives from the CAC, and/or experts from the
community
Staff + CAC representatives
and local external experts
Agenda Page 25
Selection Committee: Staff Only
9 Benefits Challenges Level of Effort to Implement
• Ease of implementation
• Staff is familiar with overall
Energized Communities
program and CPA expectations
for decarbonization projects
• Should be able to turn around
review quickly
• Staff bandwidth, small teams
handling multiple projects
• Staff may not be as familiar
with on-the-ground needs and
priorities in each community
• Straight-forward
• Familiarity with CPA
expectations and process
• Ability to turn around review
quickly
Staff from CPA's Customer Programs, Government Affairs, Strategic Accounts and other teams will review the applications received and make project recommendations for the Board's consideration
Agenda Page 26
Selection Committee: Staff + CAC
(Staff Recommendation)
10 Benefits Challenges Level of Effort to Implement
• Involves community
representatives
• CAC is familiar with CPA
expectations and process
• Opportunity for CAC to engage
in project ideas within their
communities
• Ability to maintain objectivity
over projects in constituent
communities
• If formal CAC action desired, it
may delay award timeline
• Some additional instruction may be
needed, but CAC has overall
familiarity with CPA mission and
priorities
• Additional effort required if CAC
vote is desired
Staff from CPA's Customer Programs, Government Affairs, Strategic Accounts and other teams in addition to a few representatives from the CAC will review the applications received and make project recommendations for the Board's consideration Agenda Page 27
Selection Committee: Staff, CAC + Experts
11 Benefits Challenges Level of Effort to Implement
• Involves community
representatives
• Diverse panel can result in
more equitable funding
decisions
• More time is needed to identify,
vet, and educate external
experts
• May be difficult to gain
consensus with larger review
groups
• Ability to maintain objectivity
over projects in constituent
communities
• Committee member identification
and vetting required
• Requires additional instruction on
CPA mission and priorities to ensure
alignment with expectations
• Longer lead time to complete
review and consider formal CAC
action to make project
recommendations
Staff from CPA's Customer Programs, Government Affairs, Strategic Accounts and other teams in addition to a few representatives from the CAC and local experts will review the applications received and make project recommendations for the Board's consideration Agenda Page 28
Timeline
Agenda Page 29
Innovation Fund Round 1 Timeline
13 September
Member agencies begin
developing project ideas
October 2024
10/1: Application period
opens
November
CPA holds webinar and
office hours for Q&A
December
12/4: Applications due
Jan. 2025
Selection committee reviews
applications and makes
funding recommendation
Feb.– Mar. 2025
CPA Board approval and
announcement of award
recipients
April 2025
Funding agreements
executed / begin work on
projects
Agenda Page 30
Discussion
• CPA staff is seeking Executive Committee input on the Selection Committee structure.
• Selection Committee will review and recommend Innovation Fund projects to the Board.
14 Agenda Page 31
Staff Report – Agenda Item 5
To: Executive Committee
From: Matthew Langer, Chief Operating Officer
Scott Gropp, Strategic Sourcing Manager
Reviewed By: Nancy Whang, General Counsel
Approved By: Ted Bardacke, Chief Executive Officer
Subject: Review and Provide Input on the Proposed Amendments to CPA’s Non-Energy Public Contracting Policy
Date: September 19, 2024
BACKGROUND
On May 2, 2019, in Resolution 19-05-009 (the “Resolution”), the Board delegated to the Chief Executive Officer (“CEO”) expenditure authority of up to $125,000 and to increase any non-energy contract amount by up to 10%. The Resolution also authorized the CEO to exercise all rights and powers specified under the contract, including, for example, certain changes in scope, approval of subcontractors, and reimbursement of contractors for direct costs included under the agreement.
Separately, on December 5, 2019, the Board approved the Non-Energy Contracting Policy No. 12 (the “Policy”), which established and maintained practices of utilizing the Request for Qualifications and Task Order Solicitations, Request for Proposal, and Informal Bid processes, and explained the standards for these competitive solicitations, including the dollar thresholds in which CPA is mandated to use particular solicitation types.1 The Policy and Resolution provided guidance and increased certainty, but staff has continued to toggle between both the Resolution and the Policy in order to assess the contracting and governance requirements.
1 There was one minor amendment to the policy in March 2021, wherein the definition of “Goods” was updated to include media advertising.
Agenda Page 32
Executive Committee Item 5
DISCUSSION
A. The Resolution’s Delegated Signing Authority Limits.
The limits specified in the Resolution have not been reviewed in 5 years. Staff believes that an update to the authority granted in the Resolution is warranted. Staff researched other major CCAs as well as similarly situated public agencies in Southern California for comparison. The results are summarized below.
CCA CEO Signature Authority and Revenue
CCA Revenue (in millions) CEO Signature Authority
CPA (current) 1,585 $125,000
MCE 788 $400,000
SJCE 515 $450,000
Sonoma Clean Power 250 $250,000
3CE 563 $200,000
AVA, formerly EBCE 963 $100,000
Public Agency CEO Signature Authority and Revenue
Agency Revenue (in millions) CEO Signature Authority
CPA (current) 1,585 $125,000
LADWP 6,300 $1M
LA Metro 5,700 $500,000
Metropolitan Water District 2,300 $250,000
LAWA 2,100 $150,000
In addition, CPA has grown2 and expanded during the last five years. Inflation has also increased by 25% since 2019 to the present, which has contributed to the increase in the cost of services from CPA’s contractors and vendors.3
B. The Policy
Similarly, the rules regarding the competitive solicitation of goods and services have not been revisited since the Non-Energy Public Contracting Policy was first implemented on December 5, 2019, other than the minor edit in March of 2021. Since that time, CPA’s continued growth and the increasing volume of non-energy contracts associated with that 2 For example, CPA’s budget for expenditures, including capital outlay, has increased from $768 million in FY 2019- 2020 to $1.462 billion in FY2024-25.
3 U.S. Bureau of Labor Statistics (https://data.bls.gov/cgi-bin/cpicalc.pl).
Agenda Page 33
Executive Committee Item 5
growth have created increasing administrative burdens that decrease vendor engagement and competitiveness in the contracting process.
The annual volume of non-energy contracts increased by 78% from 2022 to 2023 (from 52 to 93), with that growth continuing into 2024 (102 as of September). In 2023, eight (8) contracts with a not-to-exceed amount between $125,000 - $250,000 required Board approval, which represents 47% of the contracts presented to the Board for approval.
Vendors participating in competitive solicitations can expect to invest at least ninety (90) days in the process. This time is often extended due for contracts that must be presented to the Board for consideration. This creates a significant barrier for small and local businesses who may not be able to invest that much front-end time and staff resources in a project.
Staff researched other major CCAs as well as public agencies in Southern California to compare their requirements for competitive solicitations. The widely used practice of ratcheting up solicitation requirements in conjunction with dollar value contracts helps ensure timely access to the best value services and goods. The referenced policies are illustrated below.
CCA Non-Energy Public Contracting Policies
CCA No Solicitation Informal Solicitation Formal
Solicitation
CPA (current) N/A $0 - $50,000 $50,000+
MCE $0 - $60,000 $60,000 - $400,000 $400,000+
SDCP $0 - $10,000 $10,000 - $100,000 $125,000+
3CE $0 - $5,000 $5,000 - $50,000 $50,000+
AVA $0 - $10,000 $10,000 - $100,000 $100,000+
Pioneer $0 - $10,000 $10,000 - $100,000 $100,000+
Public Agency Non-Energy Public Contracting Policies
Agency Informal Solicitation Formal Solicitation
CPA (current) $0 - $50,000 $50,000+
LADWP $0 - $100,000 $100,000+
LA Metro $0 - $100,000 $100,000+
Metropolitan Water District $0 - $100,000 $100,000+
LAWA $0 - $150,000 $150,000+
Agenda Page 34
Executive Committee Item 5
STAFF PROPOSAL
Based on this background and research, staff recommends adopting the following updates:
1. Add the delegated authority parts of the Resolution to the Policy to create a single non-energy procurement document.
2. Increase the CEO’s delegated signing authority to $250,000 for any single contract in a 12-month period or for any single vendor within any single Fiscal Year period.
3. Replaces the CEO’s authority to increase Board-approved contract amounts by 10% with a $250,000 dollar limit to align with Item 2 above.
4. Change the name of an “Informal Bid” to a “Request for Quote” (RFQu) and more formally establish requirements for the RFQu.
5. Update the dollar values that trigger certain types of solicitations. a. For services or a combination of goods and services, any contract with an anticipated value greater than $100,000 will require a Request for Proposal or a Request for Qualifications/Task Order Solicitation. Anything between $10,000 to $100,000 may be solicited through the RFQu process. b. For goods, any contract with an anticipated value of greater than $150,000 will require a Request for Bid process. Any contract with an anticipated value up to $75,000 will not require a solicitation and contracts with anticipated value between $75,001 to $150,000 may use the RFQu process.
6. Other clean up, including, for example updating from “Executive Director” to “Chief Executive Officer.”
The Chief Executive Officer will continue to provide a monthly report to the Board regarding any contracts executed under the delegated contract authority and that will now be required by the updated Policy. The proposed action does not impact energy contracting authority or procedures, which are covered by the Board-adopted Energy Risk Management Policy.
ATTACHMENT
1. Proposed amendments to the Non-Energy Public Contracting Policy Agenda Page 35
Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024 Policy Title Non-Energy Public Contracting Policy
Policy Number CPA 2019-12 Original: 12/05/2019
Amended: 03/04/2021
Amended: 10/10/2024
I.
PURPOSE
It is in the interest of the Clean Power Alliance of Southern California (“CPA”) to establish non-energy competitive solicitation and procurement practices for non-energy services, goods, or a combination thereof that facilitate efficient business operations, offer fair compensation, transparency, accountability, and provide local workforce opportunities within a framework of high quality, competitive offerings whenever practical.
This policy (“Policy”) shall not apply to any energy procurements or transactions governed by the Energy Risk Management Policy, Resolutions Nos. 18-006 and 18-009, or any amendments or successors thereto. (“ERMP”) as enacted, adopted, or revised from time to time by CPA’s Board of Directors.
II.
DEFINITIONS
1. “Architectural and Engineering Services” include Services provided by architectural, landscape architectural, engineering, environmental, land surveying, and construction project management firms, or services incidental thereto that members of these professions and those in their employ may logically or justifiably perform, which are subject to Article XXII of the California Constitution and Government Code Section 4529.10 et seq.
2. “Architectural and Engineering Agreement” is an agreement between CPA and a Proposer for Architectural and Engineering Services.
3. A “Best Value” award is based on factors in addition to price that provide the best overall value to CPA, except as applied to Public Works Contracts over $1,000,000, which are subject to the “best value” definition set forth in Public Contract Code Section 20155.1(a).
4. “Board” means the Board of Directors of CPA.
5. “Chief Executive Officer” or “CEO” includes the CEO’s delegee.
5.6. “Competitive Solicitation” is a competitive process in which CPA procures Goods, Services, or a combination thereof from Proposers, including the procurement of Architectural and Engineering Services, in order for CPA to secure the Best Value for CPA and its customers. This definition does not apply to “Public Works Contract.” Agenda Page 36
Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024
6.7. “Cooperative Procurement” refers to the combining of requirements of two or more Public Entities to leverage the benefits of volume purchases, delivery and supply chain advantages, best practices, the reduction of administrative time and expenses, or some combination thereof.
7.8. “Fiscal Year” or “FY” refers to CPA’s fiscal year as specified in Section 7.1 of CPA’s Joint Powers Agreement or as changed by CPA Board resolution.
8.9. “Goods” means all types of tangible personal property, including materials, supplies, furnishings, software, or equipment, and media advertising, including print, broadcast, out-of-home, digital media or other electronic mediums.
9. “Informal Bid Process” is a process wherein the Executive Director requests written quotes from at least three (3) vendors.
10. “Legal Services” is legal representation, advocacy, advice, counsel, or other similar legal services provided by an attorney, or a law firm, company or partnership with attorneys duly licensed by the California State Bar or authorized to practice in the state of California.
11. “Master Agreement” is an agreement between CPA and a Proposer for any Goods, Services, or combination thereof, except for a Legal Services Agreement.
12. “Office Equipment” includes furnishings, computers, information technology (IT) hardware or software, or other personal property.
13. “Piggyback Solicitation” refers to the use of a prior solicitation, competitively bid by a Public Entity for the same Goods and/or Services currently requested or needed by CPA; or may be a form of intergovernmental cooperative purchasing in which CPA will be extended the same pricing and terms of a contract entered into by another Public Entity. Generally, the originating entity can competitively award a contract that will include language allowing for other entities to utilize the contract, or, CPA may join in a single competitive procurement with another Public Entity. The Piggyback Solicitation provides an advantage in terms of pricing, thereby gaining economies of scale that CPA or an individual Public Entity would otherwise not receive if each competed on its own.
14. “Pre-Qualified Providers” or “PQP” is a Proposer who is available and willing to perform work on an as-needed basis under the Request for Qualifications process.
15. “Proposer” is a person or business entity who seeks to do business with CPA by responding to a Competitive Solicitation of any kind, a Cooperative Procurement or Piggyback Solicitation, or seeking to enter into a contract with CPA through an exception or alternative to the Competitive Solicitation requirements.
16. “Proposal” is a response by a Proposer to a request by CPA.
17. “Public Entity” means the state, county, city, city and county, district, public authority, public agency, municipal corporation, or any other political subdivision or public corporation in the state, including a community choice aggregator as defined in Public Utilities Code Section 331.1.
18. “Public Works Contract” means an agreement for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, pursuant to California Public Contract Code Section 1101.
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Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024
19. “Informal Bid Process” Request for Quote (“RFQu”)” is a process wherein the Executive DirectorCEO or at the CEO’s discretion, a delegee of the CEO, requests written quotes from at least three (3) vendors. The RFQu process can only be used when the CEO can establish a single set of criteria or parameters for the required Services, Goods, or Combination of Goods and Services, and can apply that criteria or parameter from the requested quotes. The CEO may select a vendor that offers the Best Value.
20. “Services” is the performance of labor by an outside company or individual for and/or on behalf of CPA. It can be rendered to CPA by a company or individual, with or without the furnishing of Goods.
21. “Specialized Services” are special services with persons specially trained, experienced, expert, and competent to perform the special services. The special services consist of services, advice, education or training for CPA. The special services include but is not limited to financial, economic, accounting (including the preparation and issuance of payroll checks or warrants), legal, administrative, or building security matters. The special services may include maintenance or custodial matters if the Board finds that CPA’s resources and economic interests are served by such a contract.
22. A “Task Order Solicitation” or “TO” is issued in the Request for Qualifications procurement process to solicit bids from providers who have been pre-qualified under the Request for Qualifications process. If CPA awards the bid, the TO will be appended to a Master Agreement once the Task Order is awarded to a Pre-Qualified Provider.
III.
DELEGATION OF PROCUREMENT OR PURCHASING AUTHORITY TO EXECUTIVE
DIRECTOR
1. The Board designates the Chief Executive Director (“EDOfficer (“CEO”) as CPA’s purchasing agent. As the purchasing agent for CPA, the Executive DirectorCEO is hereby authorized on behalf of CPA to (i) purchase Goods; (ii) rent furnishings and equipment; or (iii) contract for Services, Specialized Services, or Legal Services, as provided herein. The CEO may further delegate this authority in the CEO’s discretion.
2. Delegation of ED’s authority under this Policy is in addition to and must be consistent with Resolution 19-05-009 and its successors. The Executive DirectorCEO is authorized as follows without prior Board approval:
a. To enter into any contract for non-energy goods or services pursuant to this Policy when the contract price or the expected contract price for any single contract or vendor is $125250,000 or less within a 12-month period. or when any single vendor is to be paid $250,000 or less within any single FY period. b. To increase the aggregate contract price for any single Board-approved non-energy goods or services contract by no more than 10%$250,000 of the original contract price over the lifeterm of that contract.
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Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024
3. For any contracts, whether Board approved or executed under the Executive Director'sCEO’s delegated authority, the Executive DirectorCEO is further authorized to exercise all rights and powers specified under the contract as belonging to CPA, including but not limited to changes in original scope (, provided that for Board -approved contracts, any core programmatic changes, e.g., up toincluding a greater than 25% change of the original scope, shall be approved by the Board),, authorization of subcontractors, amendments, assignmentassignments, insurance, termination, and to perform such other acts and things related to the delivery of non-energy goods or services required in the contract. This delegated authority is subject to paragraph III.2., above.
4. A contract shall not be split into subparts or smaller similar actions to avoid the delegated limits specified above.
IV.
RULES REGARDING COMPETITIVE SOLICITATION OF GOODS OR SERVICES EXCEPT
ARCHITECTURAL AND ENGINEERING SERVICES AND PUBLIC WORKS
1. Services or a Combination of Goods and Services. A Competitive Solicitation for Services or a Combination of Goods and Services shall be required if the aggregate anticipated value of a contract exceeds $50,000 in any 12-month period or if, irrespective of the contract value, the ED determines in the ED’s discretion that a Competitive Solicitation is in the best interest of CPA. .For any contracts valued at $50,000 or less, the ED shall request quotes, whether written or oral, from at least three (3) vendors and the ED will purchase from the vendor offering the Best Value.
When
a. If the aggregate anticipated value of a Competitive Solicitationcontract is $10,000 or less in any Fiscal Year, no formal proposals or bids shall be required to procure Services or a Combination of Goods and Services. However, the CEO shall use best efforts to seek or obtain at least 2 competitive quotes. b. If the aggregate anticipated value of a contract is between $10,001 and $100,000 in any Fiscal Year, the CEO may procure the Services or Combination of Goods and Services through the RFQu Process.
a.c. If the aggregate anticipated value of a contract is greater than $100,000 in any Fiscal Year, one of the following processes mayshall be used. i. Request for Proposal (RFP):
1) Description: An RFP is typically used to procure complex or unique Services in which CPA’s requirements are defined but expertise and methods may vary; when creative or innovative approaches are needed; and/or, where performance of services is anticipated to be ongoing in nature.
2) Content: An RFP will include, at a minimum, a requirements statement or statement of work; experience, expertise, or qualification criteria; and evaluation criteria for which a Proposal will be evaluated. An RFP also typically states CPA’s goals, Agenda Page 39
Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024 objectives, project summary, major tasks, or timelines. An RFP will include a sample agreement and may include a budget for the work being procured. CPA will require proposals to offer a detailed explanation of Proposer’s approach, detailed work plans, solutions, or methods, and price/budget, as applicable. 3) Contracting: CPA will contract with a Proposer through a written Agreement. CPA may engage in negotiations on the terms and conditions of the Agreement with the selected Proposer(s), including but not limited to the scope of services or price/budget. ii. Request for Qualifications (“RFQ”):
1) Description: An RFQ is typically used to procure Services or a combination of Goods and Services when CPA needs to establish a pool of Pre-Qualified Providers. The RFQ process is typically used to procure distinct, stand-alone, or discrete projects having a specific deadline; or for services ordered or used by CPA on a routine basis.
2) Content: The RFQ will specify the areas of expertise, experience, or knowledge that CPA seeks, and, if applicable, the process for a Proposer to become PQP in those specified areas. CPA will maintain a list of PQPs for each specified area. The RFQ should attach a copy of the proposed form of agreement.
3) Task Order Solicitation: PQPs will be awarded work through a Task Order Solicitation that CPA may issue from time to time. The TOs will contain CPA’s objectives; a statement of work, including any deliverables, tasks, or milestones; estimated time of completion; or pricing, cost, or budget. A TO will designate the area(s) of expertise, experience, or knowledge that CPA seeks or anticipates needing and the TO will be sent to PQPs in those specified area(s). Interested PQPs shall submit a bid in response to the TO and that bid should offer, at a minimum, Proposer’s acknowledgement of CPA’s objectives; approach to the identified statement of work, including any deliverables, tasks, or milestones; pricing, cost or budget; and other relevant information, solutions or methods as specified in the TO.
4) Contracting: A Proposer is expected to sign a Master Agreement no later than five (5) business days after CPA issues the relevant TO. A signed Master Agreement does not guarantee a
Proposer any minimum amount of work. The Master
Agreement is not effective unless and until a TO has been awarded by CPA and the Master Agreement has been executed by the successful Proposer and CPA.
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Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024
2. Goods.
Purchasea. If the aggregate anticipated value of Goods. EDa contract is $75,000 or less in any Fiscal Year, the CEO may purchase Goods from a single vendor an aggregate total amount of $50,000 of Goods in a single Fiscal Year without an Informal Bid Process a RFQu or Request for Bid. The ED CEO must affirm and approve such purchases as being necessary.
Informal Bid Process. For purchase of Goods with an
b. If the aggregate total amount between $50anticipated value of a contract in any Fiscal Year is $75,001 to $125150,000 for a single vendor in a single FY, the ED shall CEO may procure the Goods through the Informal Bid Process. ED may purchase from the vendor offering the Best Value. ED must approve any procurement of Goods, must verify compliance with the Informal Bid Process, must verify that RFQu Process.
a. c. If the procurement stays withinaggregate anticipated value of a contract in any Fiscal Year is greater than $150,000 in any Fiscal Year, the FY budget, and affirm the purchase is necessary.
b. Invitation for Bid (“IFB”):
i. Description: For any other purchase of Goods, EDCEO shall issue a formal IFB.
ii.i. Content: RFB. The IFB RFB shall specify, at a minimum, the item(s) specifications or dimensions; description of requirements; and quantities. A bid in response to an IFB a RFB must contain a Proposer’s name, address, phone number, and the proposed cost to provide the requested items., and other information requested by CPA. The IFB RFB should attach a copy of the proposed form of agreement. CPA will contract with a Proposer using a written agreement.
iii. Contracting: CPA will contract with a Proposer using a written agreement.
3. Notwithstanding anything in Sections 1 and 2 of this Article, the CEO may, in the CEO’s discretion, determine that it is in the best interest of CPA to procure any Goods, Services, or a Combination of Goods and Services through a process required to be utilized to procure a contract with a higher anticipated contract value, such as a RFP or RFB, irrespective of the anticipated aggregate contract value. The CEO must approve any procurement of Goods, must verify compliance with the solicitation processes, must verify that the procurement stays within the FY budget, and affirm the purchase is necessary.
3.4. Specialized Services or Legal Services. No competitive procurement is required for Specialized Services or Legal Services. However, it is recommended that the EDCEO use the Informal Bid RFQu Process to procure Specialized Services or Legal Services whenever practical. When using the Informal Bid RFQu Process, EDCEO may procure services from a provider offering the Best Value.
4.5. Rent or Lease of Office Equipment or Office Space: No Competitive Solicitation shall be required to rent or lease Office Equipment or office space provided that (a) ED the CEO affirms that the rent or lease of Office Equipment or office space is necessary; (b) ED solicits or reviews the CEO requests at least three two (2) quotes, Agenda Page 41
Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024 whether verbal or written, from at least three (3 two (2) offerors; and (c) EDthe CEO approves of the rent or lease of Office Equipment or office space.
5.6. Awards of Competitive Solicitation: Competitive Solicitations may be awarded on a Best Value basis, unless otherwise required by California law or otherwise specified in the Competitive Solicitation document.
6.7. Additional Authorized Procurement Methods: CPA may engage in the procurement of Goods, Services, or some combination thereof through any of the following procurement methods.
a. Cooperative Procurement: CPA may use a Cooperative Procurement when the use of a Cooperative Procurement enhances operational efficiencies; demonstrates potential cost savings for CPA, including transaction costs. For example, CPA may purchase Goods or Services from contracts established pursuant to Leveraged Procurement Agreements (LPAs), California Multiple Award Schedules (CMAS), or through a joint procurement with another Public Entity.
b. Piggyback Procurement: CPA may engage in Piggyback Procurement when such a procurement can be shown to enhance operational efficiencies; demonstrate potential cost savings for CPA, including transaction costs; and when the Piggyback Procurement complies with California law. c. Sole Source Purchasing:
i. With the exception of Public Works Contracts and Architectural and Engineering Agreements, CPA may justify procurement of Services, or a combination of Goods and Services, from a sole source when the following factors exist:
1) No other vendor offers a service or employs personnel meeting the minimum requirements.
2) CPA’s required timeframe for project completion is critical and cannot be exceeded without extreme hardship.
3) The cost to continue with the same service provider is less than the cost for any other vendor due to the time necessary to get ‘up to speed’ (learning curve) with the project.
4) A unique and proprietary solution has been offered which is determined to be in the best interest of CPA.
ii. CPA may justify procurement of a Good from a sole source when the following factors exist. The Good is:
1) Available from only one source (e.g., proprietary to a manufacturer, distributor, and/or reseller, etc.).
2) The only brand that meets the qualifications or specifications needed by CPA.
3) A brand that must match or inter-member with an existing system, and cannot be substituted without replacing the system, resulting in significant costs to CPA
Agenda Page 42
Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024 4) Going to enable CPA to avoid other costs (e.g., data conversion, training, purchase of additional hardware, etc.).).
iii. The following factors shall not qualify as reasons to purchase with a sole source: personal preference for a product or Proposer; or the length of time needed to conduct a Competitive Solicitation is inconvenient. iv. In all cases, sole source purchases must be justified in writing, with sufficient detail to explain the basis for suspending the competitive procurement process, and the ED CEO shall review the justification and approve the use of sole source purchasing. The sole source justification shall be retained with the Proposer’s contract documentation. EDThe CEO may develop a justification form or checklist for sole source purchases. The EDCEO shall report any sole source contracts on a monthly basis.
7.8. Additional Procedures
a. EDThe CEO may, at his/hertheir discretion, shortlist Proposers; phase its evaluation of a Proposal; interview Proposers; or, require site inspections, demonstrations, or a pilot of proposed Goods or Services. b. EDThe CEO shall use his/her best efforts to secure at least three (3) Proposals from Proposers when using a Competitive Solicitation.
c. With regard to any Public Works Contract, CPA shall comply with all applicable lawlaws.
d. .
d. The CEO shall provide a monthly report to the Board on any contracts executed using the authority delegated hereunder.
V.
RULES REGARDING COMPETITIVE SOLICITATIONS OF ARCHITECTURAL AND ENGINEERING SERVICES:
The selection for Architectural and Engineering Services shall be based on the Proposer’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of Services required at fair and reasonable prices.
If CPA is required to procure Architectural and Engineering Services, pursuant to Article XXII of the California Constitution and Government Code Section 4529.10 et seq., the following process, at a minimum, shall be employed:
1. EDThe CEO shall issue a RFP or RFQ specifying the qualifications, competence, minimum standards, and other qualification-based criteria appropriate for the scope of work being sought by CPA, and attaching a copy of the proposed Architectural and Engineering Agreement;
2. EDThe CEO shall appoint a selection team consisting of at least two (2) employees who are most knowledgeable about the desired Services and scope of work;
3. The selection team shall rank the firms based upon professional experience, qualifications in the work to be performed, including relative project experience, Agenda Page 43
Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024 demonstrated design excellence, capability and involvement of key personnel, excellence in cost control and scheduling, relative location of firm to project location, ability to perform the work within the established timeframe and any other criteria appropriate to the scope of work being considered. The selection team may conduct interviews of qualified firms, if deemed appropriate.
CPA will enter into an Architectural and Engineering Agreement with the Proposer that CPA determines, acting in its sole discretion, offers the Best Value.
VI.
COMPETITIVE SOLICITATION ADVERTISEMENT AND PROPOSER LIST
1. All Competitive Except as otherwise provided in this Policy, RFPs, RFQs, Task Order Solicitations, and RFBs shall be posted on CPA’s website. CPA is not required to formally publish its Competitive Solicitations in a newspaper or similar publication.
2. Notwithstanding the RFQ process and the PQP list, CPA may maintain a list of Proposers for any Competitive Solicitation. To be added to the list of Proposers, interested Proposers must provide the EDCEO’s delegee with Proposer’s contact information, including address, phone number, and a current email address. It is the Proposer’s obligation to keep its contact information current with CPA. CPA will use its best effort to send any Competitive Solicitations to all Proposers who request to be placed on the list of Proposers.
3. CPA does not guarantee any Proposer placed on the list of Proposers any work.
VII.
RESERVATION OF CPA’S RIGHTS
1. EDThe CEO may, at itsthe CEO’s sole discretion, take any of the following actions:
a. Reject any or all Proposals, for any reason without explanation to the Proposer(s);
b. Elect in its Competitive Solicitation to select any part of a Proposal, or sub-divide, or combine a Proposal;
c. Cancel a Competitive Solicitation, in its entirety;
d. Elect to proceed with a contract for only some of the Services included in the Proposal.
2. EDThe CEO shall have the right to amend a Competitive Solicitation by written addendum. CPA is responsible only for that which is expressly stated in the Competitive Solicitation document and any authorized written addenda. Should such addendum require additional information not previously requested, failure to address the requirements of such addendum may result in the Proposal being found non-responsive and not being considered, as determined in the sole discretion of CPA.
3. EDThe CEO is not responsible for and shall not be bound by any representations, statements, or explanations made by any individual acting or purporting to act on his/her behalf, other than the CPA Staff member identified on the Competitive Solicitation document, provided the representations, statements, or explanations by the identified CPA Staff member are in writing.
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Non-Energy Public Contracting Policy – Amended 03/02/202110/10/2024
4. EDThe CEO reserves the right to waive inconsequential irregularities in a submitted Proposal.
5. EDThe CEO reserves the right to submit supplementary follow-up questions or inquiries to request clarification of information submitted and to request additional information from any one (1) or more of the Proposers.
6. CPA shall not be liable for any costs incurred by any Proposer in connection with the preparation or submission of any Proposal or any action taken by Proposer in its effort to do business with CPA. Any and all such costs whatsoever shall remain the sole responsibility of the Proposer.
7. CPA shall not be liable to any Proposer in law or equity for any reason whatsoever for any acts or omissions arising out of or in conjunction with this Policy.
8. CPA shall require Proposers to provide certain performance assurances, including, but not limited to, performance security or payment and performance bonds for Public Works Contracts.
9. With regard to Public Works Contract, CPA shall comply with applicable law.
10. Proposers are expected to complete all of their due diligence activities prior to entering into any final contract negotiations with CPA, including a review of CPA’s policies, requirements, forms, or other guidance documents that CPA may issue from time to time. CPA Policies, including CPA’s Vendor Communications Policy, are available on CPA’s website at: www.cleanpoweralliance.org/key-documents.https://cleanpoweralliance.org/public-documents/administrative-documents/.
VII.
SEVERABILITY
If any section, subsection, sentence, or clause of this Policy is determined to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of this Policy as a whole or of any section, subsection, sentence, or clause herein that is not so determined.
Agenda Page 45
Staff Report – Agenda Item 6
To: Executive Committee
Subject: Closed Session
Date: September 19, 2024
ATTACHMENT
1. Attachments for Closed Session will be forwarded under separate cover.
Agenda Page 46