REVISED
Board of Directors of the
Clean Power Alliance of Southern California
Regular Meeting
Thursday, February 6, 2025
2:00 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
Diana Mahmud Board Room
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
Members of the public may also participate in this meeting at the following locations:
Calabasas City Hall
Council Conference Room
100 Civic Center Way
Calabasas, CA 91301
Ventura County Government Center
Point Mugu Conference Room, 4th Floor
Hall of Administration
800 South Victoria Avenue
Ventura, CA 93009
Whittier City Hall
Admin Conference Room
13230 Penn Street
Whittier, CA 90602
South Bay Cities Council of Governments
Conference Room
2355 Crenshaw Blvd., Suite 125
Torrance, CA 90501
Beverly Hills City Hall
2nd Floor
Room 280B
Beverly Hills, 90210
*Remote location added
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 Board on any Clean Power Alliance-related matters not on today’s agenda. Public comments on matters on today’s Consent Agenda and Regular Agenda 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 Board 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.
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If the PDF is downloaded, the bookmark panel (ribbon icon) appears on the left side of the screen.
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 PLEDGE OF ALLEGIANCE
ROLL CALL
GENERAL PUBLIC COMMENT
CONSENT AGENDA
1. Approve Minutes from the December 5, 2024, Board of Directors Meeting
2. Approve and Authorize the Chief Executive Officer to Execute Amendment No. 3 to the TRC Solutions, Inc. Professional Services Agreement Extending the Agreement by 18 Months and Increasing the Not-To-Exceed Amount to $596,220 for the Duration of the Renewal Term
3. Approve a Professional Services Agreement with Langan CA, Inc. for Geographic Information System (GIS) Services and a GIS Web Browser Tool with a Not-To-Exceed Amount of $100,000 Per Contract Year for a 1-Year Term, with an Option to Extend for an Additional 1-Year Renewal Term for a Not-To-Exceed Amount of $100,000 for a Total Not-To-Exceed Amount of $200,000
4. Approve and Authorize the Chief Executive Officer to Execute Two Memoranda of Understanding for Pre-Apprenticeship Training Programs with Total Funding in the Amount of $993,000 Consisting of:
A. An MOU for a 3-Year Term with Flintridge Center in the Total Amount of $435,000; and,
B. An MOU for a 3-Year Term with Women in Non-Traditional Employment Roles in the Total Amount of $558,000
5. Receive and File Monthly Community Advisory Committee Report
REGULAR AGENDA
Action Items
6. Adopt Resolution 25-02-079 to Approve New Rates for Phases 1-6 Customers Effective March 1, 2025, Consistent with the 2025 Interim Rates Adjustment Approach, Specified Therein
7. Approve and Authorize the Chief Executive Officer to Execute the following:
A. A15-Year Renewable Power Purchase Agreement with Cape Generating Station 2, LLC; and,
B. Amendment No. 1 to the Original Renewable Power Purchase Agreement Between CPA and Cape Generating Station 2, LLC
8. A. Approve Salary Grades for CPA Employees;
B. Adopt Resolution No. 25-02-080 Approving the Updates to CPA’s Employee Handbook; and,
C. Approve Amendment of General Counsel Employment Contract Extending the Length of the Contract by 1.5 Years to June 30, 2028, at a Base Salary of $469,864 Effective February 16, 2025, Commensurate with CPA Staff at the Same Salary Grade as the General Counsel
Information Item
9. Receive Quarterly Communications Report and 2025 Look Ahead Presentation
COMMITTEE CHAIR UPDATES
Director Cedric Hicks, Chair, Legislative & Regulatory Committee Director Susan Santangelo, Chair, Finance Committee
Director Robert Parkhurst, Chair, Energy Planning & Resources Committee
MANAGEMENT REPORT
BOARD MEMBER COMMENTS
REPORT FROM THE CHAIR
ADJOURN – NEXT REGULAR MEETING MARCH 6, 2025
Public Records: Public records that relate to any item on the open session agenda for a regular Board 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 Board. 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.
Commonly Used Acronyms
BESS Battery Energy Storage System
CAC Community Advisory Committee
CAISO California Independent System Operator
CALCCA California Community Choice Association
CalEVIP California Electric Vehicle Incentive Program
CARB California Air Resources Board
CARE California Alternate Rates for Energy (Low Income Discount Rate) CCA Community Choice Aggregation
CEC California Energy Commission
CPUC California Public Utilities Commission
DA Direct Access (Private Retail Energy Supplier)
DAC Disadvantaged Community (As Defined by Calenviroscreen 3.0) DER Distributed Energy Resources
DR Demand Response
ERMP Energy Risk Management Policy
ERRA Energy Resource Recovery Account (SCE Generation Rate Setting)
ESA Energy Storage Agreement
EVSE Electric Vehicle Supply Equipment (EV Charger)
FERA Family Electric Rate Assistance (Low Income Discount Rate) GHG Greenhouse Gas
IOU Investor Owned Utility
IRP Integrated Resource Plan
JPA Joint Powers Authority
Agenda Page 4
Commonly Used Acronyms
Kwh Kilowatt-Hour (A Measure of Energy Used in A One-Hour Period) Kw Kilowatt = 1,000 Watts (Watt = A Measure of Instantaneous Power) LSE Load Serving Entity
MB Medical Baseline (Discount Rate for Medical Equipment Needs) MW Megawatt = 1,000 Kilowatts
Mwh Megawatt-Hour = 1,000 Kilowatt-Hours
NEM Net Energy Metering (Usually for Customers with Solar) OAT Other Applicable Tariffs
PCIA Power Charge Indifference Adjustment (Can Be Called “Exit Fee”) PCC1 Renewable Energy Generated Inside California
PCC2 Renewable Energy Generated Outside California
PCC3 A REC from A Renewable Resource, Delivered Without Energy PCL Power Content Label
POU Publicly Owned or Municipal Utility
PPA Power Purchase Agreement
PSPS Public Safety Power Shutoff
PV Photovoltaic (Solar) Panels
RA Resource Adequacy
REC Renewable Energy Credit
RPS Renewables Portfolio Standard
T&D Transmission and Distribution
TOU Time Of Use (Used to Refer to Rates that Differ by Time Of Day) WECC Western Electricity Coordinating Council
Agenda Page 5
Staff Report – Agenda Item 1
To: Board of Directors
Subject: Approve Minutes from the December 5, 2024, Board of Directors Meeting
Date: February 6, 2025
RECOMMENDATION
Approve.
ATTACHMENT
1. Minutes
Agenda Page 6
Board of Directors Item 1
MINUTES
Board of Directors of the
Clean Power Alliance of Southern California
Regular Meeting
Thursday, December 5, 2024, 2:00 p.m.
Meeting videos are available on CPA's YouTube Channel.
http://www.youtube.com/@CPApublicmeetings
Board members participated from the following locations:
Calabasas City Hall
Council Conference Room
100 Civic Center Way
Calabasas, CA 91301
Clean Power Alliance
Diana Mahmud Board Room
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
Whittier City Hall
Admin Conference Room
13230 Penn Street
Whittier, CA 90602
Ventura County Government Center
Point Mugu Conference Room, 4th Floor
Hall of Administration
800 South Victoria Avenue
Ventura, CA 93009
South Bay Cities Council of Governments
Conference Room
2355 Crenshaw Blvd., Suite 125
Torrance, CA 90501
Mercure Hotel
Second Floor Conference Room
Building 5 No. 178 Puhui Road
Shanghai, China 201615
CALL TO ORDER & ROLL CALL
Chair Klein Lopez called the meeting to order at 2:00 p.m. and Annie Mendoza, Deputy Clerk of the Board, conducted roll call.
PLEDGE OF ALLEGIANCE
Director Primuth led the Pledge of Allegiance.
Roll Call
1 Agoura Hills Deborah Klein Lopez Chair Present
2 Alhambra Absent
3 Arcadia Paul Cheng Director Remote
4 Beverly Hills Julian Gold Alternate Present
5 Calabasas Ed Albrecht Director Remote
6 Camarillo Absent
7 Carson Reata Kulcsar Alternate Remote
8 Claremont Corey Calaycay Director Present
9 Culver City Yasmine-Imani McMorrin Director Present
10 Downey Horatio Ortiz Director Remote
Agenda Page 7
Board of Directors Item 1
11 Hawaiian Gardens Absent
12 Hawthorne Alex Monteiro Director Present
13 Hermosa Beach Doug Krauss Alternate Present
14 Los Angeles
County Lindsey Horvath Vice Chair Present
15 Malibu Marianne Riggins Director Remote
16 Manhattan Beach David Lesser Alternate Remote
17 Monrovia Edward Belden Director Present
18 Moorpark Renee Delgado Director Remote
19 Ojai Michelle Ellison Alternate Remote
20 Oxnard Bert Perello Director Remote
21 Paramount Michelle Muller Alternate Remote
22 Redondo Beach Absent
23 Rolling Hills
Estates Debby Stegura Director Remote
24 Santa Monica Gleam Davis Director Present
25 Santa Paula Jenny Crosswhite Director Present
26 Sierra Madre Robert Parkhurst Director Present
27 Simi Valley Rocky Rhodes Director Remote
28 South Pasadena Jon Primuth Director Present
29 Temple City Ed Chen Director Present
30 Thousand Oaks Absent
31 City of Ventura Absent
32 Ventura County Vianey Lopez Vice Chair Remote
33 West Hollywood Absent
34 Westlake Village Rob De Geus Alternate Remote
35 Whittier Mary Ann Pacheco Director Remote
All votes are unanimous unless otherwise stated.
GENERAL PUBLIC COMMENT
There was no public comment.
CONSENT AGENDA
1. Approve Minutes from the November 7, 2024, Board of Directors Meeting Agenda Page 8
Board of Directors Item 1
2. Approve the 2025 Legislative & Policy Platform as Recommended by the Legislative & Regulatory Committee
3. Adopt Resolution No. 24-12-077 Approving a Peak Management Pricing (PMP) Tariff
4. Receive and File the Board of Directors and Standing Committee Meeting Schedule for 2025
5. Receive and File Quarterly Financial Report
6. Receive and File Quarterly Risk Management Team Report
7. Receive and File Quarterly Member Agency Programs Report
8. Receive and File Quarterly Communication Report
9. Receive and File Monthly Community Advisory Committee Report Motion: Director Calaycay, Claremont
Second: Director Parkhurst, Sierra Madre
Vote: The consent agenda was approved by roll call vote, with an abstention from Director Lesser on Item 1.
REGULAR AGENDA
This item was discussed out of order.
14. Election of One Regular Director for the Executive Committee At-Large Position Representing Jurisdictions in Ventura County for the Remainder of the Term, Ending June 30, 2026
Ventura County Board members elected Director Jenny Crosswhite, Santa Paula, for the Executive Committee position.
10. Adopt Resolution 24-12-078 Approving the FY 2025/26 Rate Setting Approach, as Specified Herein, for Customers in the Cities of La Cañada Flintridge, Lynwood, and Port Hueneme (“Phase 7 Customers”) and Authorizing the Chief Executive Officer to Update Phase 7 Customers’ Rates, as Needed, Whenever Page 2 of 438 SCE and/or PCIA Rates Change, to Maintain the Rate Setting Approach Throughout FY 2025/26
Karen Schmidt, Senior Director of Rates and Strategy, provided a presentation on the item. New communities will be placed on SCE’s 2025 vintage PCIA rate, which is projected to be lower than the 2018 vintage rate paid by most CPA customers, and SCE’s one-time generation-rate decrease will be reversed in October 2025, raising all bundled rates by 1.2 cents/kWh on average. Ms. Schmidt explained that new community target rates will allow consistent messaging and predictable choices for new customers. Residential and small business customers will have at least one rate option that is less expensive than SCE. The Executive Committee approved the recommendations presented to the Board of Directors.
Staff will develop scenarios for the FY 2025-2026 rate-setting approach for existing member agencies after SCE has finalized its first-quarter generation, delivery, and PCIA rate changes. The Board will approve final rate setting and rate schedules in June, along with next fiscal year’s budget. Director Parkhurst asked about new member agencies, and staff noted that they’ve already discussed the rate-setting process, and the goal is to have new Board members seated by March 2025.
Director Gold requested that the Board be notified if any adjustment to SCE’s rates resulted in CPA losing money on customers in the new communities.
Agenda Page 9
Board of Directors Item 1
Motion: Director Gold, Beverly Hills
Second: Director Monteiro, Hawthorne
Vote: Item 10 was approved by a roll call vote
11. Approve and Authorize the Chief Executive Officer to Execute the Professional Services Agreement with Haven Energy Inc. (Haven Energy) to Design, Install, Operate, and Maintain Photovoltaic Solar and Battery Storage Systems for Single Family Homes Owned by Low-Income Customers in a (3) Year Initial Term with Two Optional Successive One (1) Year Terms, with a Total Not-To-Exceed of $322,500
Alex Ricklefs, Program Manager, Community Solar, provided background information on the financial challenge experienced by low-income customers in adopting solar and storage systems, which can cost $35,500 on average. State and federal funds combined with innovative financing can reduce upfront costs.
CPA received a bid from Haven Energy for single-family customers; no bids were received for multi-family customers. The program allows customers to benefit from bill savings, resilience against power outages, eventual ownership of the system, and meeting their household clean energy goals. The program will allow CPA to reduce its Resource Adequacy (RA) obligations. Mr. Ricklefs discussed the Virtual Power Plant (VPP) and the agreement and noted that CPA will leverage federal tax credits and the California Self Generation Incentive Program (SGIP) incentives.
The project is budgeted for $322,500 over three years.
Chair Klein Lopez asked about the VPP once the homeowner takes ownership of the power system, and staff responded that CPA aims to benefit from the network for at least the first three years. If federal tax credits are discontinued, the contracts would be reworked so that no up-front costs remain; staff would like to secure as many contracts as possible in 2025 before any federal changes. In response to Director Monteiro’s question about the VPP, staff explained that it is like a microgrid in that the energy is stored and controlled by one entity, but it is not hard-wired. A true microgrid would take over a section of SCE’s grid. Director Gold asked how the energy in the VPP would be managed; staff explained that CPA would direct the contractor when to discharge power. The goal is to store power during the day and discharge it in the evening when electricity is in peak demand and more expensive. Some would always be in reserve for the customer during power outages. In response to Vice Chair Horvath’s question about the single response to the RFP, staff explained that the program size was not large enough for some firms, while timing and bandwidth were an issue for others. The multi-family program is complex, and the industry is still developing ways to make it commercially viable. Vice Chair Horvath encouraged staff to consider how communities that experience regular public safety power shutoffs can be targeted for this program.
In response to Director Stegura’s question about CPA’s financial liabilities, staff stated that the contractor, Haven Energy, would be responsible if federal tax credits were eliminated. Adjustments could be made to the program if that happened. Director Kulcsar asked what would happen if the homeowner sold the property. The contract, written with consumer protection as a priority, provides for the system to be transferred to the new owner. Director Calaycay encouraged staff to prepare for situations in which the new owner could exceed income limits. Staff clarified for the Board that the customer would not be charged if the system Agenda Page 10
Board of Directors Item 1
overproduces energy. The contractor would design the system to accommodate future electrification of the home.
Motion: Director Monteiro, Hawthorne
Second: Director Belden, Monrovia
Vote: Item 11 was approved by a roll call vote
12. Approve and Authorize the Chief Executive Officer to Execute the Following Long-Term Resource Adequacy Agreements: (a) 15-Year Resource Adequacy Agreement with Olinda Reliability Project, LLC; (b) 10-Year Resource Adequacy Agreement with Sentinel Energy Center, LLC
Lindsay Descagnia, Vice President of Power Supply, stated that CPA’s long-term contracting efforts contributed to CPA becoming the largest supplier of renewable energy in the U.S. for the past two years and to meet state compliance requirements. In September, the Energy Committee approved the 2024 Clean Energy and Reliability Request for Offers (RFO) shortlist of six projects and a waitlist of six projects, and staff concluded negotiations for two of the shortlisted projects, Olinda and Sentinel Energy Center, both RA-only agreements. Located in Los Angeles County, Olinda is a 15-year, four-hour standalone storage project with 110 MW capacity, a contract start date of October 1, 2027, and high scores in the evaluation process. Sentinel is a 10-year natural gas generator project in Riverside County with 107.52 MW capacity and a start date of January 1, 2027. It does not include any energy generation, so it does not impact CPA’s power content label. Ms. Descagnia discussed CPA’s renewable energy procurement history, upcoming RFOs, and compliance strategies, described CCA’s impacts on the industry, and reviewed RA-only contracts. Ms. Descagnia described market challenges, challenges related to the slice-of-day framework, and the oversubscription of the CAISO interconnection queue. She also explained how CPA plans for and responds to curtailment. Market opportunities include early participation in the interconnection process, focusing on influencing policy, and leveraging CPA’s reputation as a leader in the industry.
Director Parkhurst, Chair of the Energy Committee, expressed his support for both projects and emphasized that the Sentinel capacity would only be used in cases of high demand and that it would serve as a backup for CPA. Staff clarified for Director Monteiro how the California Energy Commission calculates RA requirements.
Motion: Director Monteiro, Hawthorne
Second: Director Calaycay, Claremont
Vote: Item 12 was approved by a roll call vote
13. Salary Grades, Benefits, And Employee Handbook Updates:
a. Approve Salary Grades for CPA Employees, As Contained in Attachment 2. b. Adopt Resolution 24-12-079 Approving the Updates to CPA’s Employee Handbook as Contained in Attachment 4
Item 13 was postponed to the February 2025 Board meeting.
Agenda Page 11
Board of Directors Item 1
COMMITTEE CHAIR UPDATES
Director Calaycay reported on behalf of Finance Committee Chair Santangelo that the committee reviewed the issue of bad debt; CPA’s reserves have not been impacted.
MANAGEMENT REPORT
Ted Bardacke, Chief Executive Officer, reported that the CPUC has released a Proposed Decision on SCE’s 2025 ERRA application. It is unfavorable to CPA and its customers.
CPA staff and board leadership have advocated for an alternative ruling with the CPUC.
An official response is on record, and a vote could be taken on December 19, 2024. Rate changes go into effect January 1, 2025. Vice Chair Horvath thanked staff for preparing Board members for the meeting with the CPUC and and expressed hope that the results would be favorable for CPA customers.
Mr. Bardacke also reported that Westlake Village, South Pasadena, and Oxnard made progress with the Power Ready program; CPA’s third pre-pay bond has won Bond Buyer Magazine's “Deal of the Year” award in the Green Bond category.
BOARD MEMBER COMMENTS
Director Rhodes reported that he visited Southern California Gas Company’s hydrogen home and self-contained microgrid that generates electricity using renewable hydrogen.
The system may be an RA resource for CPA.
REPORT FROM THE CHAIR
Chair Klein Lopez congratulated Directors McMorrin and Calaycay on their re-election in their city elections and thanked Directors Massey, Delgado, and Davis for their service on the CPA Board.
ADJOURN
Chair Klein Lopez adjourned the meeting at 3:54 p.m.
Agenda Page 12
Staff Report – Agenda Item 2
To: Board of Directors
From: Xico Manarolla, Program Manager
Reviewed By: Joanne O’Neill, Director, Customer Programs Matthew Langer, Chief Operating Officer
Nancy Whang, General Counsel
Approved By: Ted Bardacke, Chief Executive Officer
Subject: Approve and Authorize Amendment No. 3 to the TRC Solutions, Inc.
Professional Services Agreement
Date: February 6, 2025
RECOMMENDATION
Approve and authorize the Chief Executive Officer (CEO) to execute Amendment No. 3 to the TRC Solutions, Inc. (TRC). Professional Services Agreement (Amendment 3) extending the TRC agreement by 18 months and increasing the Not-to-Exceed (NTE) Amount to $596,220 for the duration of the 18-month renewal term.
TRC is the contractor supporting CPA’s Building and Electric Vehicle Electrification Reach Code Program (“Reach Code Program”).
BACKGROUND
CPA launched the Reach Code Program to support member agencies in their development and advancement of building electrification and EV infrastructure reach codes.
On February 2, 2023, the Board approved the Reach Code Program and authorized the execution of a 2-year Professional Services Agreement (PSA) with TRC in an amount not Agenda Page 13
Board of Directors Item 2
to exceed $430,000, to develop model codes, provide technical support to member agencies, and perform research to help inform and grow CPA’s programs.1 In August 2024, CPA’s CEO authorized Amendment Number 1 to the PSA under his delegated signing authority, which added $43,000 to the initial term. In December 2024, CPA’s CEO authorized Amendment Number 2 to the PSA (Amendment 2) under his delegated signing authority, which added $36,928 to the initial term
DISCUSSION
The PSA with TRC allowed for up to two (2) one-year renewal terms, but the amount approved by the Board did not provide a budget for such additional terms due to uncertainty about how many member agencies would take advantage of the service. The program is due to sunset at the end of next fiscal year and the number of program participants has been finalized. As such, staff has negotiated Amendment 3 for an 18- month contract renewal term totaling an amount not to exceed $596,220 to provide funding for the renewal term and to complete work with the 13 member agencies who are being assisted by this program. Amendment 3 also allows CPA to work with the 13 member agencies across multiple categories, e.g. new buildings, existing buildings, or both.2
Table 2 below lists the CPA member agencies that participated in the Reach Code program during the initial term, and that applied to participate in the renewal term. 1 Costs in the initial term were higher than expected due to, California Restaurant Association v. City of Berkeley (2023), a decision by the Ninth Circuit Court of Appeals, which found Berkeley’s ordinance banning natural gas unlawful. As a result, TRC was required to devote significant time and effort to research and develop new reach codes that were compliant with the court’s decision.
2 At program launch, five member agencies began participating in the Reach Code Program. In anticipation of program sunset, CPA conducted a final outreach to member agencies and 8 additional member agencies signed up.
Agenda Page 14
Board of Directors Item 2
Table 2: Member Agencies Participating in Reach Code Program Initial Term Support Renewal Term Support
Member Agency New
Construction
Existing
Building
Pilot
New
Construction
Existing
Building
Pilot
Building
Performance
Standards
(BPS)
1 Agoura Hills x
2 Beverly Hills x x
3 Carson x x x
4 City of Ventura x x
5 County of Los
Angeles x x x
6 Manhattan Beach x
7 Ojai x x
8 Rolling Hills
Estates x x
9 Santa Monica x x * x
10 Santa Paula x
11 Sierra Madre x
12 Thousand Oaks x x
13 West Hollywood x x x
*Santa Monica successfully adopted a new construction reach code in September 2024, therefore does not require new construction technical support in the renewal term Amendment 3 to the PSA with TRC also authorizes several enhancements to the scope of work including:
• Replacement of the development of 2-4 template versions of each new construction model code in Task 1 with direction to create a customized code for each participating member agency.
• Task 3, Building and Vehicle Charging Electrification Research and Design, was completed in the initial term and therefore no budget has been allocated for this task in the renewal term.
• Task 4, Building Performance Standard (BPS) Support, has been added. This service will provide BPS technical support for two (2) member agencies who are also pursuing existing building reach codes. Building performance standards typically apply to larger commercial, industrial, or multifamily residential existing buildings and require meeting emission reduction targets and regular reporting of Agenda Page 15
Board of Directors Item 2
compliance. BPS can complement existing building reach codes which typically apply to smaller and medium sized spaces at the time of building sale/permit or during a major renovation.
• Addition of final reporting requirements to Tasks 1, 2, and 4 requiring Contractor to summarize new construction, existing building, and BPS technical support • Task 5, Stakeholder Engagement and Program Administration has been added.
This task aggregates administrative duties such as weekly check-in meetings and monthly outreach calls to relevant stakeholders, to simplify billing and more easily track direct technical support provided to member agencies.
Development costs per reach code are expected to be lower in the renewal term due to reduced model code development and streamlined processes.
FISCAL IMPACT
The Board-approved FY 2024-2025 budget includes sufficient funding for this amendment. Costs for subsequent years will be included in future budget proposals.
ATTACHMENT
1. Amendment No. 3 to Professional Services Agreement with TRC Solutions, Inc.
Agenda Page 16
AMENDMENT NUMBER THREE TO
TRC SOLUTIONS, INC.
PROFESSIONAL SERVICES AGREEMENT
This Amendment Number Three to the Professional Services Agreement (“AMENDMENT THREE”) is made by and between Clean Power Alliance of Southern California (“CPA”) and TRC Solutions, Inc. (“CONTRACTOR”) on February 6, 2025 (“Amendment Three Effective Date”). CPA and CONTRACTOR may individually be referred to herein as a “Party,” or collectively as the “Parties.”
RECITALS
WHEREAS, a Professional Services Agreement (“AGREEMENT”) was executed on February 2, 2023, between CPA and CONTRACTOR to provide professional services for technical consulting services for the development of building and electric vehicle (“EV”) reach codes;
WHEREAS, Amendment Number One to the Professional Services Agreement (“AMENDMENT ONE”) was executed on August 15, 2024, between CPA and CONTRACTOR to update both the scope of work set forth in Exhibit A and compensation set forth in Exhibit C;
WHEREAS, Amendment Number Two to the Professional Services Agreement (“AMENDMENT TWO”) was executed on December 13, 2024, between CPA and CONTRACTOR to update the Term set forth in Section 5 of the AGREEMENT, the scope of work set forth in Exhibit A, and compensation set forth in Exhibit C; WHEREAS, CPA and CONTRACTOR desire to further amend the AGREEMENT in order to update the Term of the AGREEMENT, the scope of work set forth in Exhibit A, the Program Timeline set forth in Exhibit B, and the compensation set forth in Exhibit C; WHEREAS, CONTRACTOR has the competence and expertise to provide the professional services described above; and,
WHEREAS, CONTRACTOR desires to continue providing and performing these professional services.
NOW, THEREFORE, it is mutually agreed by and between the Parties hereto to amend the AGREEMENT as follows:
1. Section 5, Term of the AGREEMENT shall be deleted in its entirety and replaced with the following:
“Subject to the compliance with all terms and conditions of this Agreement, the term of this Agreement shall begin on the Effective Date and conclude on February 10, 2025 (“Initial Term”). The Parties agree that upon conclusion of the Initial Term, a renewal term shall begin on February 11, 2025, and end on July 31, 2026 (“Renewal Term” and together with the Initial Term, the “Term”).
Agenda Page 17
2. Exhibit A of the AGREEMENT is deleted in its entirety and replaced with Exhibit A (Scope of Work), attached hereto.
3. Exhibit B of the AGREEMENT is deleted in its entirety and replaced with Exhibit B (Program Timeline), attached hereto.
4. Exhibit C of the AGREEMENT is deleted in its entirety and replaced with Exhibit C (Compensation), attached hereto.
5. Except as specifically amended hereby, all other terms and conditions of the AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT THREE to be executed as of the Amendment Three Effective Date. [Signature Page Follows]
CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA
By
______________________________________
Theodore Bardacke
Chief Executive Officer
CONTRACTOR: TRC SOLUTIONS, INC.
_______________________________________
By
Name:
Title:
Agenda Page 18
A-1
Exhibit A – Scope of Work
PROJECT TASKS AND DELIVERABLES
Contractor shall be responsible for providing a full range of technical consulting services for the development of building and electric vehicle (“EV”) reach codes. Contractor shall be responsible for providing technical support for the development of building performance standards (“BPS”) in coordination with third-party technical support providers including Southern California Edison (“SCE”).
Contractor must account for the following tasks and all tasks must be completed according to the timelines set forth in Exhibit B:
1. Task 1: New Construction Reach Code Development and Advancement
1.1. Research Existing State and Local New Construction Codes.
1.1.1. Contractor shall provide support to twelve (12) member agencies to pursue new construction reach codes, host public workshops for local code outreach, and provide code customization of model codes. Contractor may provide support to additional member agencies as directed by CPA, at the rates set forth in Exhibit C.
1.1.1.1. Contractor shall research relevant state and local building codes related to building electrification and EV infrastructure in new construction and major remodels.
1.1.1.2. Research shall evaluate relevant existing model municipal, zoning, and other reach codes that go beyond CALGreen that have been developed by other Community Choice Aggregators (“CCAs”) (including Peninsula Clean Energy, East Bay Clean Energy, etc.), or that have been utilized by other local governments across California.
1.1.1.3. Research shall include both mandate-, performance-, and incentive-based codes.
1.1.1.4. Contractor and CPA will create a suite of three (3) to four (4) model code types (for example: energy performance, EV charging, air quality). These codes will serve as CPA’s model reach codes. Selected model codes should take equity considerations into account, including equitable access to electric vehicle charging and future charging readiness.
Task 1.1 Deliverables:
• Develop a summary report that is easy to review by stakeholders that outlines the variety of reach codes being used by local governments, and a set of recommendations for model codes to be used by CPA member agencies.
1.2. Host Kick Off Workshops for Local Government Staff.
1.2.1. Contractor shall work with CPA to provide key education to local government staff and elected officials on the benefits of reach codes, the process for Agenda Page 19
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adopting them, and strategies to address concerns from community stakeholders.
1.2.2. Each workshop will provide high-level information for policymakers and provide a venue for local governments that have already passed new construction reach codes (or are in the process) to share their experiences, best practices strategies, and methods for responding to opposition.
Task 1.2 Deliverables:
• Provide two (2) kick off workshops. At least one (1) workshop per regional area (Ventura and Los Angeles, or some subdivision of Ventura/Los Angeles County as directed by CPA).
1.3. Stakeholder Adoption Support
1.3.1. Contractor shall provide supplemental on-call technical support to member agencies that choose to pursue new construction reach codes in the form of developing analysis and support for adoption hearings. On-call technical support will only be provided after a written approval via email from CPA.
Task 1.3 Deliverables:
• Provide supplemental on-call technical support to help develop analysis and support adoption hearings.
New Construction Reach Code Program Roles and Responsibilities Matrix Table 1 below outlines the roles and responsibilities between CPA, Contractor, and other partners for the New Construction Reach Code Program. CPA anticipates that Contractor and its subcontractors will serve as the primary providers for on-call technical support and will coordinate supplemental technical support from other third-party providers as needed. The role of third-party technical support providers, as specified in the table below, will need to be clarified and confirmed by Contractor. Contractor must specify how it plans to problem solve in the event that third-party support providers do not meet its anticipated responsibility.
TABLE 1
Anticipated Responsible Parties
Task CPA Contractor Third-Party
Providers
Overall Program Oversight
Program Administration
Outreach to Encourage Program
Participation
Kick Off Workshops Support
Research and Development of Model
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Codes
Model Code Workshops Support
Public Workshops Support
Customizing Codes for Member
Agencies
Tracking On-call Technical Support
Providing On-Call Technical Support
Tools and Templates
Supplemental and EV Cost-Benefit
Analysis
Attend City Council Meetings
Bi-Monthly or Monthly Stakeholder
Meetings
1.4. Lead Stakeholder Engagement and Selection of Model Codes.
Table 2 below is an example timeline for the selection and distribution of model reach codes outlined in the tasks below:
TABLE 2
Example Model Code Development and Support Timeline
Step Task Task Number
Step 1 Research and Development of Model Codes 1.1
Step 2 Kick Off Workshops 1.2
Step 3 Contractor and CPA Select Model Codes 1.4
Step 4 Model Code Workshops 1.4
Step 5 Final Model Codes and Model Code Package
is Distributed to Member Agencies 1.4
Step 6 Public Workshops 1.5
Step 7 Code Customization for Member Agencies 1.4
1.4.1. Stakeholder engagement for model code selection and adoption.
1.4.1.1. Contractor shall work with CPA to identify key stakeholders to include in the model code selection process. Key stakeholders may include elected officials, municipal staff, developers, electric vehicle experts, building electrification experts, Tri-County Regional Energy Network (“3C-REN”), SoCal Regional Energy Network, SCE, Building Decarbonization Coalition, building trades, and other members of the community. Key stakeholders will be encouraged to attend and participate in model code workshops as deemed appropriate by Contractor and CPA.
1.4.1.2. Contractor will participate in calls led by CPA with the California Energy Commission (“CEC”) to keep the CEC informed about reach codes that are nearing council approval, and to identify strategies to expedite CEC Agenda Page 21
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submission and approvals.
1.4.2. Model code development.
1.4.2.1. CPA seeks to streamline the model code development process by using existing model codes rather than engaging in a lengthy reach code development process. Example new construction reach codes are available from SCE, other CCAs, regional energy networks (“RENs”), and from those that have been implemented by local governments. Contractor will utilize these pre-existing reach codes and templates to curate a suite of model new construction reach codes for this program. CPA does not anticipate the need to write new model codes, but rather to edit examples for use by CPA member agencies. Contractor and CPA will pick three (3) to four (4) reach code types (energy performance, EV charging, air quality, etc.) based on research done in Task 1.1. The model reach code options must be compliant with and surpass California’s 2022 or 2025 Building Code, as needed by the member agency, and are expected to leverage the cost-effectiveness analysis results from the Statewide Codes & Standards Program, as needed.
These may include prescriptive or performance-based options for building electrification.
1.4.2.2. Produce a model code package consisting of a summary noting the purpose of the codes, and a general estimated timeline for reach code adoption. This will be disseminated to the stakeholders with easily accessible online distribution and reviewed via a code review meeting/webinar, one per reach code track and service territory.
1.4.2.3. Once model codes have been developed, Contractor shall work with member agencies as needed to customize these model codes to jurisdictional needs.
1.4.3. Innovation.
1.4.3.1. Contractor shall review and summarize reach code opportunities for buildings beyond the traditional residential and commercial spaces These additional buildings may include, but are not limited to, grocery stores, healthcare facilities, science facilities, other industry buildings, aviation-related facilities, and data centers.
Task 1.4 Deliverables:
• Develop and distribute a summary on which model codes were considered and how model codes were selected and developed.
• Develop final version of each model code.
o Final version of each model code per model code type. o Model code package.
▪ Summary of model code purpose and general adoption timeline. ▪ Matrix highlighting differences between model code versions. • Disseminate model codes to CPA and member agencies.
o Post model code on project website (see Task 1.6) and distribute via Agenda Page 22
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email to member agencies.
o Deliver the model codes to the associated CEC lead staff for advance review to aid approval of subsequent municipal reach code submissions. • Provide support for member agencies to customize model codes for their jurisdiction.
o Final customized codes for all member agencies.
o Summary of member agency code customizations.
• Provide meeting notes and attendee lists for all workshops and model code-related webinars and calls. • Participate in calls led by CPA with the CEC to keep the CEC informed and identify strategies to expedite submission and approvals. o Three (3) to eight (11) CEC calls or as needed based on the number of participating member agencies and timing of reach code passage and CEC submittal.
• Summarize innovative opportunities for reach codes beyond typical residential and commercial buildings and focus on equity with all model codes.
1.5. Public Workshops for Local Code Outreach or Attendance to City Council Meetings.
1.5.1. Contractor will host at least one (1) public workshop, City Council or Board of Supervisors meeting in each local municipality that pursues adoption of a new construction reach code. The primary goal of the workshop, City Council or Board of Supervisors meeting attendance will be to educate and inform key community members and stakeholder groups, including but not limited to building owners, environmental groups, electric vehicle charging companies, building decarbonization experts, energy workers, members of the public, and/or City Council / Board of Supervisors members on the value of reach codes and the types of model codes that have been proposed by the member agency.
Additionally, CPA seeks to use the public workshops to answer stakeholder questions, address building community concerns, and generate community support for the reach codes leading into local council meetings.
1.5.2. Preparation for each workshop will be led by Contractor in coordination with CPA and the member agency. Contractor will work with member agency staff to determine the content of each public workshop and the level of feedback to be solicited from attendees. Member agencies may choose to propose reach codes at the public workshop or seek more general feedback on a suite of potential reach codes options.
Task 1.5 Deliverables:
• Conduct one (1) public workshop or attend one (1) City Council / Board of Supervisors meeting per interested member agency.
• Create attendee list at workshops.
• Provide summary of community questions and comments.
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1.6. Identify and Develop Tools and Processes for Adoption and Implementation.
1.6.1. Identify gaps in publicly available tools, templates and municipal processes that will assist member agencies educate staff and the building community, present at city council meetings, and submit necessary paperwork to the CEC.
Contractor and CPA will work together to create a final list of tools and templates that Contractor will produce.
1.6.2. Identify tools and templates. Contractor will review other reach code programs from CCAs, RENs, public utilities, and other relevant organizations to determine relevant tools and templates that can be customized for CPA member agencies and gaps in available resources that can meaningfully help local governments pass new construction reach codes. Tools and processes may include but are not limited to:
1.6.2.1. Adoption tools: this includes template staff reports, presentation slides for agency staff to use at local council meetings, findings for local governments to use when submitting building codes to the California Building Standards Commission for acceptance, a project website to house completed tools and other resources, and/or other tools needed to move forward with the code adoption at the local government and state level.
1.6.2.2. Implementation tools: this includes building department training, permit and inspection processes streamlining (including documenting all process efficiencies and benefits enabled by a suite of proposed streamlined permitting processes), presentation slides to educate the builder community, and/or other tools needed to move forward with the code implementation process.
1.6.2.3. Any tool recommendations and deliverables will be developed with, and vetted by, CPA, other interested municipalities, development community, and other key stakeholders.
1.6.3. Develop tools and templates for reach code adoption. Contractor shall provide mutually agreed upon tools and templates with regional (Los Angeles and Ventura County) customization as needed. Adoption tools shall include:
1.6.3.1. A project website to house completed tools and other resources.
1.6.3.2. Building department training presentation.
1.6.3.3. Presentation slides for use at public workshops.
1.6.3.4. Local council meeting presentation sides for agency staff.
1.6.3.5. CEC submission cover letter template.
1.6.3.6. CEC submission packet.
1.6.4. These tools and templates will provide local governments a basis from which to customize their reports and presentations to staff, policymakers, contractors, CEC, the public, and other relevant parties. Contractor will work with CPA member agencies to customize these templates as necessary, answering questions related to these tools that may arise.
1.6.5. Develop tools and templates for reach code implementation. Contractor shall provide mutually agreed-to tools and templates with regional (Los Angeles and Ventura County) customization as needed. This may include staff training Agenda Page 24
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sessions as requested. Implementation tools are expected to include:
1.6.5.1. Template staff reports.
1.6.5.2. Summary of potential permit and inspection process streamlining.
1.6.5.3. Findings for local governments to use when submitting building codes to the California Building Standards Commission for acceptance.
1.6.5.4. Training slides for builder community on finalized codes.
1.6.5.5. Other tools needed to move forward with the code adoption process at the local government and state level.
Task 1.6 Deliverables:
• Tool and template identification:
o Provide a list of adoption tools to develop with descriptions. o Provide a list of implementation tools to develop with descriptions. • Adoption tools and templates:
o Create a project website to house all final documents, and tools and templates created.
o Create building department training presentation slides. o Create presentation slides for public workshops.
o Create local council meeting presentation slides for agency staff. o Create a CEC submission cover letter template.
o Create CEC submission packets.
• Implementation tools and templates:
o Develop template staff reports and other training presentation slides. o Create a summary outlining permit and inspection process streamlining recommendations.
o Develop findings to submit to the Building Standards Commission for reach code acceptance.
o Create template training slides for builders on finalized reach codes. o Develop other implementation tools as needed.
1.7. Develop Cost-Benefit Analysis.
1.7.1. Buildings.
1.7.1.1. Contractor shall utilize the Statewide Codes and Standards Program’s cost-effectiveness analysis for building electrification model codes. Contractor will package the results of the analysis as needed as a component of the proposed model reach code package to the CEC and provide a summary of building electrification cost effectiveness results. Contractor will provide enhanced explanations of existing cost-benefit analysis and supplemental data visualizations where requested, but no new cost-benefit analysis for new construction reach codes in buildings will be necessary.
1.7.1.2. Municipalities will be encouraged to utilize the Statewide Codes and Standards program cost-benefit analysis for evaluating the efficacy of the building electrification model codes.
1.7.1.3. Contractor will provide a revised or supplemental building cost-benefit Agenda Page 25
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analysis upon request from member agencies or from CPA. This additional cost-benefit analysis will update Statewide Codes and Standards assumptions to reflect nuances in the communities in CPA’s service territory.
1.7.2. EV infrastructure.
1.7.2.1. Contractor shall provide a more detailed cost-benefit analysis for EV infrastructure reach codes than is currently available from the Statewide Codes and Standards Program to allow jurisdictions to make informed decisions about the implications of passing EV infrastructure reach codes.
Contractor will conduct an analysis including all costs and benefits – monetary and non-monetary (e.g., emissions impacts) – of the measures included. The EV cost-benefit analysis will be developed in a manner consistent with state and industry standards. In addition, this will include determining the:
1.7.2.1.1. 2022 and 2025 CALGreen Standards incremental compliance construction costs.
1.7.2.1.2. Incremental construction costs resulting from the reach code (first costs).
1.7.2.1.3. Retrofitting costs to install the same charging density as Task 1.7.2.1.2 above.
1.7.2.2. Contractor shall provide a revised or supplemental EV infrastructure cost-benefit analysis upon request from member agencies or from CPA. This additional cost-benefit analysis will update Statewide Codes and Standards assumptions to reflect nuances in the communities in CPA’s service territory.
Task 1.7 Deliverables:
• Develop building electrification cost-effectiveness study results summary. • Create enhanced building electrification cost effectiveness summaries and data visualizations (upon request).
• Create revised or supplemental EV infrastructure cost-benefit analysis upon request from member agency or CPA.
• Create an EV cost-effectiveness analysis document.
• Create revised or supplemental EV infrastructure cost-benefit analysis upon request from member agency or CPA.
1.8. Initial Term New Construction Report.
1.8.1. Contractor shall create a report summarizing the new construction model codes developed in the initial term and the reasons for which these codes were chosen.
This report should include a summary of the questions asked by member agencies and the support provided by Contractor and program partners. The report should include any learnings from challenges encountered in the reach code development, adoption, and implementation processes including work with local government staff, contractors and other outside third parties. Include appendices with a detailed list of questions asked and answers/support provided to member jurisdictions.
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Task 1.8 Deliverables:
• Create the New Construction Initial Term Report
1.9. Renewal Term New Construction Final Report
1.9.1. Contractor shall create a report summarizing the New Construction Reach Code Program in the Renewal Term suitable for public distribution, subject to review and approval by CPA. The report format will include an executive summary, challenges encountered, lessons learned, best practices of reach code development and adoption, and a summary of total program costs. The final table of contents will be determined and approved by CPA. The final report should build upon and incorporate information contained in the Initial Term New Construction report in Task 1.8. The final report should cover the entire program term (Initial and Renewal), including a summary of the questions asked by member agencies and the support provided by Contractor and program partners.
The final report should include any learnings from challenges encountered in the reach code development, adoption or implementation processes including work with local government staff, contractors, and other third parties. This report should include a suggested path forward for working with additional CPA member agencies on new construction reach codes. Include appendices with a detailed list of questions asked and answers/support provided to member jurisdictions.
Task 1.9 Deliverables:
• Create the New Construction Renewal Term Report
2. Task 2: Existing Buildings Reach Code Pilot Program
2.1. The Existing Building Reach Code Pilot Program is intended to provide a full suite of tools, templates, model codes, and support for up to seven (7) CPA member agencies interested in pursuing existing building reach codes. Contractor shall work with CPA to determine which seven (7) member agencies will be part of the pilot program. Contractor will provide similar tools and templates as those itemized in the new construction program (Task 1 of this scope) along with answering all technical and adoption related questions by providing on-call support by phone and email.
2.2. Contractor shall work with CPA to determine what tools and resources are necessary to facilitate existing building reach code adoption for member agencies.
More than one (1) public workshop may be necessary for each pilot city depending on the level of community engagement.
2.3. Contractor shall be the primary contact for existing building reach code questions and support for member agencies. Contractor shall host stakeholder engagement meetings with regional partners to keep relevant regional partners apprised of the Agenda Page 27
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program’s progress and to confer on any challenges that arise. Questions regarding existing building reach codes from non-pilot CPA member agencies will be deferred to third-party technical support providers including SCE.
2.4. Existing Building Pilot Program Roles and Responsibilities Matrix:
2.4.1. Table 4 below is a table that outlines the roles and responsibilities between CPA, Contractor, and third-party providers for the Existing Buildings Reach Code Pilot Program. CPA anticipates that SCE and its contractors will serve as primary providers for additional on-call technical support to member agencies outside of the seven (7) pilot jurisdictions. The role of SCE, its contractors, or other third-party providers, as specified in the table below, will need to be clarified and confirmed by Contractor. Contractor must specify how it plans to problem solve in the event that SCE or other third-party providers do not meet their anticipated responsibility.
TABLE 3
Anticipated Responsible Parties
Task CPA Contractor Third Party
Providers
Overall Program Oversight
Program Administration
Outreach to Encourage Program
Participation
Kick Off Workshops Support
Research and Development of
Model Codes
Model Code Workshops Support
Public Workshops Support
On-Call Technical Support for Pilot
Cities
Additional On-Call Support for Non-Pilot Cities
Tracking Partner On-call Technical
Support to Pilot Agencies
Tools and Templates
Cost-Benefit Analysis
Attend City Council Meetings
Bi-Monthly or Monthly Stakeholder
Meetings
Task 2 Deliverables:
• Research of current existing building reach codes.
o Develop a summary report on a variety of existing building reach code Agenda Page 28
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strategies that is easy to review by stakeholders and participating local governments. This analysis should include a summary of existing building reach code programs run by other CCAs, RENs, investor-owned utilities (“IOUs”), and other similar organizations. This report should describe both mandate- and incentive-based codes. • Kick Off Workshop.
o Conduct a kick off workshop for participating member agencies in existing building reach code pilot program.
o Develop a matrix of questions asked by local governments and Contractor responses.
• Public workshops.
o Conduct one (1) to two (2) public workshops per member agency to gather public feedback. The primary goal of the workshops will be to educate and inform key community members and stakeholder groups, including but not limited to building owners, environmental groups, electric vehicle charging companies, building decarbonization experts, energy workers, and members of the public, on the value of reach codes and the types of model codes that have been proposed by the member agency. Additionally, CPA seeks to use the public workshops to answer stakeholder questions, address building community concerns, and generate community support for the reach codes leading into local council meetings.
o Create attendee list at workshops.
o Provide a summary of community questions and comments. • Model code development.
o Develop final model existing building reach codes.
▪ The number and kind of existing building model reach codes to be developed will be determined in consultation with CPA and the participating pilot jurisdictions. CPA and TRC will pick up to four (4) model codes (AC to heat pump, single family flex path, electric readiness, multi-family flex path, air quality, zoning code, etc.). ▪ The model reach codes must be compliant with and surpass California’s 2022 and 2025 Building Code and are expected to leverage the cost-effectiveness analysis results from the 2022 and 2025 Statewide Codes & Standards Program, where possible.
▪ Once model codes have been developed, Contractor will work with member agencies as needed to customize these model codes to jurisdictional needs.
o Create model code package: summary of model code purpose and adoption timeline; matrix highlighting differences between model code versions if multiple versions are created.
o Distribute final model codes to pilot jurisdictions and post on program website.
• On-call existing building support.
o Provide technical and adoption support in the form of answering staff Agenda Page 29
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questions, attending city council meetings, and providing additional resources to educate policymakers on the benefit of reach codes that address existing buildings. o Create a matrix of technical and adoption assistance provided to program pilot jurisdictions.
• Tools and templates.
o Develop a list of identified adoption tools to develop with descriptions. o Develop a list of implementation tools to develop with descriptions. o Create a project website to house all final documents, model codes and relevant resources for member agencies.
o Develop adoption tools, including:
▪ Building department presentation slides.
▪ Public workshop presentation slides.
▪ Builder community presentation slides.
▪ Local council meeting presentation slides for agency staff. ▪ CEC submission cover letter template.
▪ CEC submission packets.
▪ List of cities and assistance provided.
▪ Other tools as determined in consultation with CPA.
o Develop implementation tools, including:
▪ Template staff reports and other training presentation slides. ▪ Document outlining permit and inspection process streamlining recommendations.
▪ Findings to submit to the BSC for reach code acceptance. ▪ Template training slides for builders on finalized reach codes. ▪ Other tools as needed.
• Cost-benefit analysis.
o Create an existing Building Electrification Cost-Effectiveness Study results summary.
o Create an existing Building EV Infrastructure Cost-Effectiveness analysis summary.
• Stakeholder Stipends.
o Contractor shall provide stakeholder stipends to selected expert community members for their input on Existing Building Electrification policies. • Initial Term Existing Building Pilot Report.
o Create a report summarizing the existing building model codes developed in the initial term and the reasons for which these codes were chosen. This report should include a summary of the questions asked by member agencies and the support provided by Contractor and program partners. The report should include any learnings from challenges encountered in the reach code development, adoption, and implementation processes including work with local government staff, contractors and other outside third parties.
Include appendices with a detailed list of questions asked and answers/support provided to member jurisdictions.
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• Renewal Term Existing Building Pilot Final Report.
o Create a report summarizing the Existing Building Pilot Reach Code Program in the Renewal Term suitable for public distribution, subject to review and approval by CPA. The report format will include an executive summary, challenges encountered, lessons learned, best practices of reach code development and adoption, and a summary of total program costs. The final table of contents will be determined and approved by CPA. The final report should build upon and incorporate information contained in the Initial Term Existing Building Pilot report. The final report should cover the entire program term (Initial and Renewal), including a summary of the questions asked by member agencies and the support provided by Contractor and program partners. The final report should include any learnings from challenges encountered in the reach code development, adoption or implementation processes including work with local government staff, contractors, and other third parties. This report should include a suggested path forward for working with additional CPA member agencies on new construction reach codes. Include appendices with a detailed list of questions asked and answers/support provided to member jurisdictions.
3. Task 3: Building and Vehicle Charging Electrification Research and Design
3.1. Contractor shall research current programs, funding options and regulatory means for CPA to make meaningful impacts in building electrification and EV charging adoption in its member communities. The scope of this project is wide, including incentive and rebate options, financing options, in lieu fees, EV charging rebates, and regulatory mechanisms that can be employed to add EV charging to existing gasoline stations. CPA is open to additional suggestions from Contractor on innovative programs to further building electrification and can adjust the scope of research contained here accordingly. The ability of CPA to design and/or implement programs that leverage the funding and incentives contained in the recently passed Inflation Reduction Act should be an integral part of this research project.
3.2. Contractor will include interviews with regional stakeholders, program implementors, financing providers, and gas station owners as part of the research for this task. Contractor shall provide compensation to each interview participant.
3.2.1. The final output of this task will be to create a summary report identifying three (3) possible tracks for CPA to take over a three (3) year time horizon. Topics in the report will include the number of buildings affected, the cost to CPA and the GHG benefit of each program. Contractor will work with CPA to determine the structure of the three program tracks. As an example, program track options could include:
3.2.1.1. Expanded reach code program.
3.2.1.2. Expanded reach code program + water heating and HVAC appliance incentives + kitchen and laundry appliance incentives.
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3.2.1.3. Expanded reach code program + water heating and HVAC appliance incentives + kitchen and laundry appliance incentives + EV charging incentives.
3.2.2. Financing options (such as on-bill financing, on-bill repayment, tariffed on-bill financing), or charges for non-compliance such as in lieu fees should be assessed for each track.
3.3. Identify Tools, Resources and Funding Opportunities to Electrify New and Existing Buildings.
3.3.1. Identifying tools, resources and current or future funding opportunities that could increase the rate of conversion to electric buildings and provide added incentives to persuade local governments to adopt new construction and existing building reach codes. Research should include the following elements:
3.3.1.1. Regional stakeholders: determining who the important regional stakeholders are in the new construction and existing building electrification space, including developers, building electrification experts, Tri-County and SoCal Regional Energy Networks, SCE, building trades, and other members of the community.
3.3.1.2. Existing electrification programs: analysis of the successes and challenges faced by programs that have been implemented by other CCAs, RENs, IOUs and other entities that have aimed to jump-start electrification through reach codes and appliance incentives/rebates.
3.3.1.3. Appliance rebates and incentives: determining what existing and future local, state, and federal funding sources are available for electric upgrades in new and existing buildings for HVAC, water heating, kitchen, laundry, and other appliances.
3.3.1.4. Other non-code-based strategies such as in-lieu fees: analyzing programs that have used these strategies as part of their building electrification program.
3.3.1.5. Adoption and implementation tools: determining what tools, templates, and trainings currently exist, or could be developed, to provide building department training, permit and inspection processes streamlining (including documenting all process efficiencies and benefits enabled by a suite of proposed streamlined permitting processes), builder community education, and/or other tools are needed to forward the building electrification process.
Task 3.3 Deliverables:
• Create a summary of tools, resources, and funding opportunities to electrify new and existing buildings.
• Provide compensation to each interview participant.
3.4. Identify Tools, Resources and Funding Opportunities to Increase EV Infrastructure at New and Existing Buildings.
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3.4.1. Identifying tools, resources and current or future funding opportunities that could increase the number of EV capable, ready, and installed EV charging spaces in residential and commercial buildings. Research should include the following elements:
3.4.1.1. Regional stakeholders: determining who the important regional stakeholders are in EV Infrastructure at new construction and in existing buildings.
3.4.1.2. Existing EV infrastructure programs: analysis of the successes and challenges faced by programs from CCAs, RENs, IOUs, and other organizations to increase EV charging infrastructure.
3.4.1.3. EV infrastructure rebates and incentives: determining what existing and future local, state, and federal funding sources of rebates and incentives exist for EV infrastructure.
3.4.1.4. Adoption and implementation tools: determining what tools, templates, and trainings currently exist, or could be developed, to provide building department training, permit and inspection processes streamlining (including documenting all process efficiencies and benefits enabled by a suite of proposed streamlined permitting processes), builder community education, and/or other tools needed to increase EV infrastructure.
Task 3.4 Deliverables:
• Create a summary of tools, resources, and funding opportunities to increase EV infrastructure.
• Provide compensation to each interview participant.
3.5. Research CPA’s Financing Options for Building Electrification and EV Charging Infrastructure.
3.5.1. This task includes determining what options and roadblocks exist for CPA to offer retrofit financing mechanisms for building electrification upgrades and EV infrastructure. Contractor shall investigate on-bill financing, on-bill repayment, tariffed on-bill financing and other financing options for HVAC, water heating, kitchen, and laundry appliance upgrades as well as energy efficiency upgrades and EV Infrastructure improvements in new construction and existing buildings.
Contractor will determine what other programs exist that could be a model for CPA. Contractor shall provide an analysis of the benefit of financing options for each of the three program tracks itemized in the Final Report described in Task
3.6. 3.5.2. Analysis should include feasibility of implementation, process for implementation and partners that need to be engaged, cost to CPA, the number of buildings that it could potentially support, and estimated upgrades and estimated GHG savings.
Task 3.5 Deliverables:
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• Create a summary of financing options for building electrification and EV infrastructure.
• Provide compensation to each interview participant.
3.6. Research EV Charging Potential & Regulatory Mechanisms at Existing Fueling Stations.
3.6.1. Contractor shall summarize existing research on the potential for EV charging infrastructure at publicly accessible gasoline stations along major traffic corridors and rural/residential areas in Ventura and Los Angeles Counties. Contractor should identify studies from federal, state, local agencies and other reputable organizations that focus on the number of chargers that could be installed, the potential number of vehicles that would fuel at these locations, potential GHG and fuel reductions, and the amount of additional electricity that would need to be delivered to serve these stations.
3.6.2. Contractor shall research regulatory mechanisms that are currently in place, or that could be passed by member agencies, to encourage or require gasoline stations to install EV charging infrastructure. CPA is particularly interested in any permitting processes currently in place that could be used to require gas stations to install EV infrastructure when a permit renewal is required.
Task 3.6 Deliverables:
• Create a summary report of EV charging potential and regulatory mechanisms, including:
o Research Summary on the potential for GHG savings and electricity provided through EV infrastructure installations at gas stations. o Summary of available regulatory mechanisms to increase EV infrastructure at gas stations and a recommendation for CPA to affect these mechanisms.
• Provide compensation to each interview participant.
3.7. Final Report: Three (3) Recommendations for Existing Building Electrification and EV Infrastructure Program.
3.7.1. Create a summary report of the analysis and research conducted in Task 3.
Contractor should provide a minimum of three (3) program recommendations and outline their reach, cost, challenges and potential GHG savings. Each program track should have a minimum of a three (3) year time horizon and include the potential impact of financing options discussed in Task 3.4.
Contractor should consider how CPA can expand on the New Construction and Existing Building Reach Code programs outlined in Tasks 1 and 2, while also describing additional incentives, financing, and other program options.
3.7.2. The final report should also contain a summary for Task 3.5 on regulatory forcing mechanisms for gas stations.
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Task 3.7 Deliverables:
• Provide a final report with recommended strategies for existing building electrification and EV infrastructure, financing options and regulatory mechanism summary:
o Minimum of three (3) recommended program tracks.
o Minimum of three (3) year time horizon for each track. o Inclusion of results of research for tools and templates, incentives and rebates, financing options and regulatory mechanisms for gas stations.
4. Task 4: Building Performance Standard Support
4.1. Contractor will provide technical and stakeholder engagement support for two (2) member agencies in support of a BPS. Building performance standards require regulated property owners to regularly report emissions use intensity (EUI). BPS typically apply to buildings over 20,000 square feet and require incremental reductions in EUI over time. Contractor will coordinate with third-party technical support providers to write the BPS and oversee how the BPS will supplement the existing building reach code developed in Task 2. Contractor technical support for BPS may include the following tasks:
4.1.1. Contractor will analyze and review member agency GHG emissions and energy use intensity (EUI).
4.1.2. Contractor will set GHG and EUI targets in coordination with South Coast Air Quality Management District (SCAQMD) regulations.
4.1.3. Contractor will establish GHG targets and timelines for the BPS.
4.1.4. Contractor will provide recommendations on how to track and enforce compliance with the BPS and will provide resources on best practices.
4.1.5. Contractor will analyze staffing needs to adopt and implement the BPS.
4.2. Stakeholder Engagement
4.2.1. Contractor will coordinate with SCE and other third-party providers on technical support provided.
4.2.2. Contractor will provide stakeholder engagement services for best practices with other relevant jurisdictions to discuss best practices pursuing and adopting existing building reach codes and BPS at the same time.
4.2.3. Contractor will research and analyze current tenant protection policies.
4.2.4. Contractor will assist in designing stakeholder engagement plan.
4.3. Board of Supervisors / City Council Support
4.3.1. Contractor will attend at least one (1) Board of Supervisors or City Council meeting in support of the BPS if requested.
4.4. Final report summarizing BPS Program.
4.4.1. Create a final report summarizing BPS technical support provided. Include a summary of the BPSs developed and the reasons for which these standards were chosen. The final report should include a summary of the questions asked by member agencies and the support provided by Contractor and program partners. The final report should include any learnings from challenges Agenda Page 35
A-18
encountered in BPS development, coordination with existing building reach code development, adoption, or implementation processes including work with local government staff, contractors, and other outside third parties. This report should include a suggested path forward for working with additional CPA member agencies on BPS.
Task 4 Deliverables (as necessary):
• Conduct a kick off workshop for member agencies and relevant stakeholders in preparation for BPS technical support.
• Coordinate monthly stakeholder engagement calls with SCE and other third-party providers. • Develop draft building performance standards.
• Attend at least one (1) in person Board of Supervisors / City Council meeting. • Provide a final report summarizing support provided and challenges encountered in BPS Program.
o Include appendices with a detailed list of questions asked and answers/support provided to member jurisdictions.
5. Task 5: Stakeholder Engagement and Program Administration
5.1. Stakeholder Coordination Meetings for Technical Support Tracking.
5.1.1. Contractor shall host monthly stakeholder engagement meetings with relevant stakeholders determined in consultation with CPA. The primary goal of these meetings will be to coordinate technical support between each relevant stakeholder, potentially including SCE, Regional Energy Networks, Building Decarbonization Coalition, Air Pollution Control Districts, and/or others.
5.1.2. Contractor shall coordinate support from various regional partners to CPA member agencies that seek to adopt and implement reach codes during this program, and answer reach code-related questions in consultation with CPA with a priority on utilizing existing support from other stakeholder partners.
5.2. Weekly check-in calls.
5.2.1. Work with CPA project manager(s) to determine the agenda of weekly check-in calls at minimum one (1) day prior to the meeting. Meetings will focus on progress updates; reviewing deliverables; and determining expected milestones for the next meeting.
Task #5 Deliverables:
• Stakeholder Coordination Meetings for Technical Support Tracking. o Host monthly stakeholder coordination meetings to track technical support.
o Create a matrix of reach code-related questions asked by member agencies and support provided by Contractor and other partners. • Weekly check-in calls.
Agenda Page 36
B-1
Exhibit B – Program Timeline
This program is expected to run over the course of 42 (forty-two) months, starting February 2, 2023 through July 31, 2026. Member agencies may become interested in and choose to engage BPS, new construction and existing building reach code support from the time the program starts until November 22, 2024. The technical reach code support activities set forth in Tasks #1 and #2 are expected to extend over the Initial Term and the Renewal Term. Task #3 will extend over the Initial Term only and Tasks #4 and #5 are expected to begin in the Renewal Term.
Tasks #1, #2, and #3 are expected to kick off in February 2023 and Tasks #4 and #5 are expected to kick off in February 2025. The table below includes an anticipated timeline for the program.
Task Description Anticipated
Completion Date
1 Task #1 kick off March 3, 2023
1 Completion of Tasks 1.1 - 1.4 June 30, 2026
1 Completion of Task 1.5 June 30, 2026
1 Completion of Tasks 1.6-1.7 October 31, 2023
1 Anticipated completion of Task 1.8 Initial Term
report March 3, 2025
1 Anticipated completion of Task 1.9 July 31, 2026
2 Task #2 kick off March 3, 2023
2 Completion of model code development June 30, 2026
2 Completion of public workshops October 31, 2023
2 Anticipated completion of tools and template
development June 30, 2026
2 Completion of Task #2 technical support June 30, 2026 2 Anticipated completion of Task #2 Initial Term report March 3, 2025 2 Anticipated completion of Task #2 Renewal Term
final report July 31, 2026
3 Task #3 kick off March 3, 2023
3 Completion of Task #3 and final report August 4, 2023 4 Task #4 kick off Amendment 3 Effective
Date
4 Anticipated completion of Task #4 technical support June 30, 2026 4 Anticipated Completion of Task #4 final report July 31, 2026 5 Task #5 kick off Amendment 3 Effective
Date
5 Anticipated completion of Task #5 June 30, 2026
Agenda Page 37
C-1
Exhibit C – Compensation
Contractor shall satisfactorily provide all the contemplated Services detailed in Exhibit A at the following hourly rates specified in Table 1 below and in compliance with the terms and conditions of this Agreement.
Table 1: Contractor Hourly Rates
Contractor shall not exceed the amounts specified for each of the Tasks listed in Table 2:
Name Title Company/
Subcontractor
Initial
Term
Hourly
Rate
2025
Hourly
Rate
2026
Hourly
Rate
Abhijeet
Pande Executive Sponsor TRC $285 $294 $302
Farhad
Farahmand Director TRC $226 $233 $240
Tim
Mensalvas
Associate Project
Manager II TRC $165 $170 $175
Taylor Taylor Associate Project
Manager II TRC $165 $170 $175
Mayra Vega Senior Project
Manager TRC $190 $196 $202
Avani Goyal Project Manager II TRC $165 $170 $175
Yolanda
Beesemyer
Associate Project
Manager TRC $120 $124 $127
Rohan Gupta Marketing
Coordinator TRC $120 $124 $127
Kristen
Bellows Marketing Manager TRC $135 $139 $143
Leslie
Martinez Marketing Manager TRC N/A $143 $147
Walker Wells Principal Raimi &
Associates $275 $283 $292
Sami Taylor Senior Sustainability
Planner
Raimi &
Associates $185 $191 $196
Michelle
Hernandez Planner Raimi & Associates $135 $139 $143
Douglas Kot Principal Okayfour $275 $275 $275
Chelsea Kirk
Assistant Director of
Policy and Research
for Building
SAJE $170 $170 $170
Grace Hut Support Staff SAJE $170 $170 $170
Agenda Page 38
C-2
Table 2: Not to Exceed Costs for Each Task
Initial Term (February 2, 2023, through February 10, 2025) Task Description Estimated Due
Date
Maximum
Authorized Fees
1 New Construction Reach Code
Development and Advancement February 9, 2025 $247,878
Existing Buildings Reach Code Pilot
Program $159,050
2 Stakeholder Stipends, as set forth in
Exhibit A, Task 2 Deliverables
February 9,
2025
$8,500
Building and Vehicle Charging
Electrification Research and Design $90,000
3 Interview compensation, not to exceed
$100 in compensation to each interview
participant
July 31, 2023
Up to $1,000
Initial Term: Maximum Authorized Fees $506,428
Renewal Term (February 11, 2025, through July 31, 2026) Task Description Estimated Due
Date
Maximum
Authorized Fees
1 New Construction Reach Code
Development and Advancement July 31, 2026 $91,497
2 Existing Buildings Reach Code Pilot
Program July 31, 2026 $311,525
4 Building Performance Standard Support July 31, 2026 $110,448 5 Stakeholder Engagement & Program
Administration June 30, 2026 $76,250
Renewal Term: Maximum Authorized Fees $589,720
Any travel, administrative expenses, and materials (hereinafter, “Expenses”) will be billed in the amount incurred by Contractor for actual out-of-pocket cost, without any additional mark-up by Contractor. Any Expenses incurred shall be billed for the month in which the Expenses are incurred. Expense reports detailing all Expenses, along with receipts, shall be presented to CPA for reimbursement. All expenses must be approved by CPA in advance writing before they are incurred. The following Expenses may be eligible for reimbursement under this Agreement:
Agenda Page 39
C-3
Description Maximum Authorized
Expenses
Initial Term: Maximum Authorized Expenses Up to $3,500
Renewal Term: Maximum Authorized Expenses Up to $6,500
The Total Maximum Amount that CPA shall pay Contractor, including any subcontractor that the Contractor may retain, for all Services and Expenses to be provided under this Professional Services Agreement shall not exceed Five Hundred Nine Thousand and Nine Hundred Twenty Eight Dollars ($509,928) ("Initial Term NTE Amount") during the Initial Term.
Initial Term NTE Amount $509,928
The Total Maximum Amount that CPA shall pay Contractor, including any subcontractor that the Contractor may retain, for all Services and Expenses to be provided under this Professional Services Agreement shall not exceed Five Hundred Ninety Six Thousand and Two Hundred Twenty Dollars ($596,220) (”Renewal Term NTE Amount”) during the Renewal Term.
Renewal Term NTE Amount $596,220
Contractor shall satisfactorily perform and complete, in the judgement of CPA, all required Services in accordance with Exhibit A notwithstanding the fact that total payment from CPA shall not exceed (1) the Initial Term NTE Amount during the Initial Term and (2) the Renewal Term NTE Amount during the Renewal Term.
Agenda Page 40
Staff Report – Agenda Item 3
To: Board of Directors
From: Dr. Monique Edwards-Greer, Chief Administrative Officer Reviewed By: Nancy Whang, General Counsel
Approved By: Ted Bardacke, Chief Executive Officer
Subject: Professional Service Agreement with Langan CA, Inc.
Date: February 6, 2025
RECOMMENDATION
Approve a Professional Services Agreement with Langan CA, Inc (“Langan”) for Geographic Information System (“GIS”) services and a GIS web browser tool with a Not-To-Exceed (”NTE”) amount of $100,000 per contract year for a one-year term, with an option to extend for an additional one-year renewal term for an NTE amount of $100,000 for a total NTE amount of $200,000.
BACKGROUND/DISCUSSION
CPA has contracted with Langan CA, Inc. (Langan) since 2020 to build and maintain a Geographic Information System (GIS) web tool to support CPA's Disadvantaged Communities Green Tariff and Community Solar Green Tariff (collectively known as “Power Share”) and to provide CPA with other as-needed GIS services.
Separately, CPA has contracted with Langan to provide software development and information technology consulting services for CPA’s Energy Trading Risk Management (ETRM) system.
Agenda Page 41
Board of Directors Item 3
While the NTE of the proposed GIS agreement with Langan is within the CEO’s signing authority of $250,000 for any one contract, Board approval for this GIS agreement is required due to the combined value of all services provided by Langan in a 12-month period exceeding this $250,000 CEO signing authority limit.
Selection Process and Contract Summary
In December 2024, CPA conducted a Request for Quotes (“RFQu”) for GIS services.
Among the five potential vendors who were requested to submit quotes, Langan was the only vendor able to provide the requested scope within the specified budget. Langan also demonstrated the expertise and experience required to provide these services to CPA and offered CPA the best value.
The services provided under this PSA during the one-year engagement include two major tasks: external web application enhancements and as-needed GIS services, with an NTE of $100,000 per contract year. Langan will provide specified deliverables to enhance and maintain the internal and external mapping web application that will, among other things, validate renewable project development eligibility for CPA’s Power Share and other clean energy RFO processes. The GIS tool developed and maintained by Langan also provides CPA Staff with self-service capabilities for general GIS tasks, including address lookups and data management capabilities used to determine customer eligibility in CPA’s service territory and Customer List analysis and validation. Ongoing technical support will also be provided by Langan.
FISCAL IMPACT
Fiscal Year 2024/25 costs associated with the proposed contract are included in the FY 2024/25 board-approved Budget. Contract costs associated with any renewal term will be included in future annual budget proposals.
ATTACHMENT
1. Proposed Professional Service Agreement with Langan CA, Inc.
Agenda Page 42
1 Clean Power Alliance of Southern California
This Professional Services Agreement (this “Agreement”), dated and effective as of February 7, 2025 (the “Effective Date”), is made by and between:
CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA (“CPA”), and LANGAN CA, INC. (“Contractor”).
CPA and Contractor are sometimes collectively referred to herein as the “Parties” and each individually as a “Party.” In consideration of the terms of this Agreement, and for other good and valuable consideration, the Parties make the following acknowledgments and agreements:
RECITALS
WHEREAS, CPA may contract with a provider for Geographic Information System (“GIS”) services and a GIS web browser tool to support CPA’s Disadvantaged Communities Green Tariff (“DAC-GT”), Community Solar Green Tariff (“CSGT”) (also collectively referred to as “Power Share”), and Clean Energy and Reliability Request For Offer (“RFO”) process;
WHEREAS, CPA conducted a Request for Quotes (“RFQu”) and CPA selected Contractor because Contractor has the expertise and experience to provide the specified services to CPA and offered CPA the Best Value;
WHEREAS, Contractor desires to provide these specified services to CPA; WHEREAS, the purpose of this Agreement is to set forth the terms and conditions upon which Contractor shall provide services to CPA; NOW, THEREFORE, it is agreed based on the consideration set forth below by the Parties to this Agreement as follows:
AGREEMENT
1. Definitions
a. The definition of “Confidential Information” is set forth in paragraph 10.b. of this Agreement.
b. “CPA Data” shall mean all data gathered or created by Contractor in the performance of the Services pursuant to this Agreement, including any customer or customer-related data.
c. “CPA Information” shall mean all confidential, proprietary, or sensitive information provided by CPA to Contractor in connection with this Agreement. d. “CPA Materials” shall mean all finished or unfinished content, writing and design of materials but not limited to messaging, design, personalization, or Agenda Page 43
2 other materials, reports, plans, studies, documents and other writings prepared by Contractor, its officers, employees and agents for CPA for the performance of, the purpose of, or in the course of implementing this Agreement. e. “CPA Product” includes collectively CPA Data, CPA Information, and CPA Materials.
f. “Services” shall mean the scope of work Contractor provides to CPA as specified in Exhibit A.
2. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:
Exhibit A – Scope of Work
Exhibit B – Reserved
Exhibit C – Compensation
Exhibit D – Reserved
Should a conflict arise between language in the body of this Agreement and any exhibit or attachment to this Agreement, the language in the body of this Agreement controls, followed by Exhibit A, B, C, and D in that order.
3. Services to be Performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit C, Contractor shall perform services for CPA in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A (“Services”). Contractor shall perform its services consistent with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances (hereinafter the “Standard of Care”).
4. Compensation
CPA agrees to compensate Contractor as specified in Exhibit C:
a. In consideration of the Services provided by Contractor in accordance with all terms, conditions and specifications set forth in this Agreement and Exhibit A, CPA shall make payment to Contractor on a time and materials basis and in the manner specified in Exhibit C.
b. Unless otherwise indicated in Exhibit C, Contractor shall invoice CPA monthly to [email protected] for all compensation related to Services performed during the previous month. Payments shall be due within fifteen (15) calendar days after the date the invoice is submitted to CPA at the specified email address. All payments must be made in U.S. dollars.
5. Term
Subject to compliance with all terms and conditions of this Agreement, the term of this Agreement shall be one (1) year from the Effective Date (“Initial Term”). At the end of the Agenda Page 44
3 Initial Term, the Parties may renew this Agreement for one successive one (1) year term for a maximum of one additional year (each, a “Renewal Term”), unless either Party provides ninety (90) days prior written notice of its intent not to renew the term of the Agreement (“Renewal Notice”). Each one (1) year term may also be referred to as a “Contract Year.”
6. Termination
a. Termination for Convenience. CPA may terminate the Agreement in accordance with this paragraph in whole, or from time to time in part, whenever CPA determines that termination is in CPA’s best interests. A termination for convenience, in part or in whole, shall take effect by CPA delivering to Contractor, at least thirty (30) calendar days prior to the effective date of the termination or prior to a Notice of Termination specifying the extent to which performance of the Services under the Agreement is terminated.
If the termination for convenience is partial, Contractor may submit to CPA a request in writing for equitable adjustment of price or prices specified in the Agreement relating to the portion of this Agreement which is not terminated. CPA may, but shall not be required to, agree on any such equitable adjustment.
Nothing contained herein shall limit the right of CPA and Contractor to agree upon amount or amounts to be paid to Contractor for completing the continued portion of the Agreement when the Agreement does not contain an established price for the continued portion. Nothing contained herein shall limit CPA’s rights and remedies at law.
b. Termination for Default. If Contractor fails to provide in any manner the Services required under this Agreement, otherwise fails to comply with the terms of this Agreement, or violates any ordinance, regulation or law which applies to its performance herein and such default continues uncured for thirty (30) calendar days after written notice is given to Contractor, CPA may terminate this Agreement by giving five (5) business days' written notice. If Contractor requires more than thirty (30) calendar days to cure, then CPA may, at its sole discretion, authorize additional time as may reasonably be required to effect such cure provided that Contractor diligently and continuously pursues such cure.
c. Termination for Lack of Third-Party Funding. CPA may terminate this Agreement if funding for this Agreement is reduced or eliminated by a third-party funding source. d. Effect of Termination. Upon the effective date of expiration or termination of this Agreement: (i) Contractor may immediately cease providing Services in its entirety or if a termination to a part of the Agreement, cease providing the Services that have been terminated; (ii) any and all payment obligations of CPA under this Agreement will become due immediately except any equitable adjustment pursuant to Paragraph 5(a); (iii) promptly transfer title and deliver to CPA all CPA Product or any work in progress pursuant to this Agreement; and (iv) each Party will promptly either return or destroy (as directed by the Agenda Page 45
4 other Party) all Confidential Information of the other Party in its possession as well as any other materials or information of the other Party in its possession.
Upon such expiration or termination, and upon request of CPA, Contractor shall reasonably cooperate with CPA to ensure a prompt and efficient transfer of all data, documents and other materials to CPA in a manner such as to minimize the impact of expiration or termination on CPA’s customers.
7. Contract Materials
CPA owns all right, title and interest in and to all CPA Materials and CPA Data. Upon the expiration of this Agreement, or in the event of termination, CPA Materials and all CPA Information, in whatever form and in any state of completion, shall remain the property of CPA and shall be promptly returned to CPA. Upon termination, Contractor may make and retain a copy of such CPA Materials if required by law or pursuant to the Contractor’s reasonable document retention or destruction policies.
8. Payments of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required for it to provide the Services to be performed under this Agreement at Contractor’s own expense prior to commencement of the Services.
9. No Recourse against Constituent Members
CPA is organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) pursuant to the Joint Powers Agreement and is a public entity separate from its constituent members. CPA shall solely be responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. Contractor shall have no rights and shall not make any claims, take any actions or assert any remedies against any of CPA’s constituent members in connection with this Agreement.
10. Confidential Information
a. Duty to Maintain Confidentiality. Contractor agrees that Contractor will hold all Confidential Information in confidence, and will not divulge, disclose, or directly or indirectly use, copy, digest, or summarize, any Confidential Information unless necessary to comply with any applicable law, regulation, or in connection with any court or regulatory proceeding applicable in which case, any disclosure shall be subject to this paragraph, 10.c., and 10.d., below. b. Definition of “Confidential Information”. The following constitutes “Confidential Information,” whether oral or written: (a) the terms and conditions of, and proposals and negotiations related to, this Agreement, (b) information, in whatever form, that CPA shares with Contractor in the course and scope of this Agreement, or (c) information that either Contractor stamps or otherwise identifies as “confidential” or “proprietary” before disclosing it to the other.
Confidential Information shall not include: (l) information that is generally available to the public or in the public domain at the time of disclosure; (2) Agenda Page 46
5 a. information that becomes publicly known other than through any breach of this Agreement by Contractor or its Representatives; (3) information which is subsequently lawfully and in good faith obtained by Contractor or its Representatives from a third party, as shown by documentation sufficient to establish the third party as the source of the Confidential Information; provided that the disclosure of such information by such third party is not known by Contractor or its Representatives to be in breach of a confidentiality agreement or other similar obligation of confidentiality; (4) information that Contractor or its Representatives develop independently without use of or reference to Confidential Information provided by Contractor; or (5) information that is approved for release in writing by Contractor.
c. California Public Records Act. The Parties acknowledge and agree that the Agreement including but not limited to any communication or information exchanged between the Parties, any deliverable, or work product are subject to the requirements of the California Public Records Act (Government Code Section 6250 et seq.). In order to designate information as confidential, the Disclosing Party must clearly stamp and identify the specific portion of the material designated with the word “Confidential.” The Parties agree not to over-designate material as Confidential Information. Over-designation includes stamping whole agreements, entire pages or series of pages as “Confidential” that clearly contain information that is not Confidential Information. d. Third Party Request for Confidential Information. Upon request or demand of any third person or entity not a Party hereto pursuant to the California Public Records Act for production, inspection and/or copying of Confidential Information (“Requested Confidential Information”), CPA will as soon as practical notify Contractor in writing via email that such request has been made.
CPA will be solely responsible for taking at its sole expense whatever legal steps are necessary to prevent release to the third party of the Confidential Information designated by Contractor. If Contractor takes no such action after receiving the foregoing notice from CPA, CPA shall, at its discretion, be permitted to comply with the third party’s request or demand and is not required to defend against it. If Contractor does take or attempt to take such action, Contractor agrees to indemnify and hold harmless CPA, its officers, directors, employees and agents (“CPA Indemnified Parties”), from any claims, liability, award of attorneys’ fees, or damages, and to defend any action, claim or lawsuit brought against any of CPA Indemnified Parties for Contractor’s attempt to prevent disclosure or CPA’s refusal to disclose any Confidential Information.
12. Insurance
All required insurance coverages shall be evidenced with a certificate of insurance and must be signed by the insurer or its representative evidencing such insurance to CPA within 10 business days after the Agreement is fully executed. The general liability policy shall be endorsed including Clean Power Alliance of Southern California and its employees, and officers as additional insureds. The certificate(s) of insurance and required endorsement shall be furnished to CPA prior to commencement of work and maintained throughout the Term and any Renewal Term. Each certificate shall provide for thirty (30) days written notice to CPA of any cancellation for reasons other than the Agenda Page 47
6 nonpayment of premium. Said policies shall remain in force through the life of this Agreement and shall be payable on a per occurrence basis only, except those required by paragraph (d) below which may be provided on a claims-made basis consistent with the criteria noted therein.
Nothing herein shall be construed as a limitation on Contractor’s obligation under paragraph 12 of this Agreement to indemnify, defend, and hold CPA harmless from any and all liabilities to the extent caused from the Contractor’s negligence, recklessness or willful misconduct in the performance of this Agreement. CPA agrees to timely notify the Contractor of any negligence claim.
Failure to provide and maintain the insurance required by this Agreement will constitute a material breach of the Agreement. In addition to any other available remedies, CPA may suspend payment to the Contractor for any services provided during any time that insurance was not in effect and until such time as the Contractor provides adequate evidence that Contractor has obtained the required coverage. a. General Liability
The Contractor shall maintain a commercial general liability insurance policy in an amount of one million ($1,000,000.00) each occurrence with a two million dollar ($2,000,000.00) aggregate limit. CPA shall be included as an additional insured on the commercial general liability policy and the Certificate of Insurance shall include an additional endorsement page.
b. Auto Liability
Where the services to be provided under this Agreement involve or require the use of any type of vehicle by Contractor in order to perform said services, Contractor shall also provide business or commercial automobile liability coverage including non-owned and hired automobile liability in the amount of one million dollars combined single limit ($1,000,000.00) each accident.
c. Workers’ Compensation
The Contractor acknowledges the State of California requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code. If Contractor has employees, a copy of the certificate evidencing such insurance or a copy of the Certificate of Consent to Self-Insure shall be provided to CPA prior to commencement of work. d. Professional Liability Insurance
Coverages required by this paragraph may be provided on a claims-made basis with a “Retroactive Date” either prior to the date of the Agreement or the beginning of the contract work. If the policy is on a claims-made basis, coverage must extend to twelve (12) months beyond completion of contract work. If coverage is cancelled or non-renewed, and not replaced with another claims made policy form with a “retroactive date” prior to the Agreement effective date, the Contractor must purchase “extended reporting” coverage for twelve (12) months after completion of contract work. Contractor shall maintain a policy limit of $1,000,000.00 per claim and in the aggregate. If the deductible or self-insured Agenda Page 48
7 retention amount exceeds $100,000.00, CPA may ask for evidence that Contractor has segregated amounts in a special insurance reserve fund or Contractor’s general insurance reserves are adequate to provide the necessary coverage and CPA may conclusively rely thereon.
Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Agreement.
Contractor shall monitor the safety of the job site(s) during the project to comply with all applicable federal, state, and local laws, and to follow safe work practices.
12. Indemnification
Contractor agrees to indemnify, defend, and hold harmless CPA, its employees, officers, and agents, from and against, and shall assume full responsibility for payment of all wages, state or federal payroll, social security, income or self-employment taxes, with respect to Contractor’s performance of this Agreement. Contractor further agrees to indemnify, and hold harmless CPA from and against any and all third- party claims, liabilities, penalties, forfeitures, suits, costs and expenses incident thereto (including costs of defense, settlement, and reasonable attorney’s fees), which CPA may hereafter incur, become responsible for, or pay out, as a result of death or bodily injuries to any person, destruction or physical damage to tangible property, or any violation of governmental laws, regulations or orders, to the extent caused by Contractor’s negligent acts, errors or omissions, or the negligent acts, errors or omissions of Contractor’s employees, agents, or subcontractors while in the performance of the terms and conditions of the Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of CPA, elected and appointed officers, employees, agents and volunteers. Contractors shall have no duty to defend an Indemnitee against professional liability claims.
13. Independent Contractor
a. Contractor acknowledges that Contractor, its officers, employees, or agents will not be deemed to be an employee of CPA for any purpose whatsoever, including, but not limited to: (i) eligibility for inclusion in any retirement or pension plan that may be provided to employees of Contractor; (ii) sick pay; (iii) paid non-working holidays; (iv) paid vacations or personal leave days; (v) participation in any plan or program offering life, accident, or health insurance for employees of Contractor; (vi) participation in any medical reimbursement plan; or (vii) any other fringe benefit plan that may be provided for employees of Contractor.
b. Contractor declares that Contractor will comply with all federal, state, and local laws regarding registrations, authorizations, reports, business permits, and licenses that may be required to carry out the work to be performed under this Agreement. Contractor agrees to provide CPA with copies of any registrations or filings made in connection with the work to be performed under this Agreement.
14. Compliance with Applicable Laws
Contractor shall exercise the Standard of Care to comply with any and all applicable federal, state and local laws and resolutions affecting Services covered by this Agenda Page 49
8 Agreement.
15. Nondiscriminatory Employment
Contractor and/or any permitted subcontractor, shall not unlawfully discriminate against any individual based on race, color, religion, nationality, sex, sexual orientation, age, protected veteran status, or condition of disability. Contractor and/or any permitted subcontractor understands and agrees that Contractor and/or any permitted subcontractor is bound by and will comply with the nondiscrimination mandates of all federal, state and local statutes, regulations and ordinances.
16. Work Product.
All finished and unfinished reports, plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents in the course of implementing this Agreement shall become the sole property of CPA upon payment to Contractor for such work. CPA shall have the exclusive right to use such materials in its sole discretion without further compensation to Contractor or to any other party. Contractor shall, at CPA’s expense, provide such reports, plans, studies, documents and writings to CPA or any party CPA may designate, upon written request. Contractor may keep file reference copies of all documents prepared for CPA.
17. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.
In the case of CPA, to:
Name/Title: Theodore Bardacke, Chief Executive Officer
Address: 801 S. Grand Ave., Suite 400, Los Angeles, CA 90017 Telephone: (213) 376-4850
Email: [email protected]
In the case of Contractor, to:
Name/Title: Brett Milburn, Director of Digital Solutions/Vice President Address: 1960 East Grand Avenue, Suite 585, El Segundo, CA 90245 Telephone: (213) 314-8100
Email: [email protected]
18. Assignment
Neither this Agreement nor any of the Parties’ rights or obligations hereunder may be transferred or assigned without the prior written consent of the other Party. Subject to the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.
Agenda Page 50
9 19. Subcontracting
Contractor may not subcontract Services to be performed under this Agreement without the prior written consent of CPA. If the CPA’s written consent to a subcontract is not obtained, Contractor acknowledges and agrees that CPA will not be responsible for any fees or expenses claimed by such subcontractor.
20. Retention of Records and Audit Provision
Contractor and any subcontractors authorized by the terms of this Agreement shall keep and maintain on a current basis full and complete documentation and accounting records, employees’ time sheets, and correspondence pertaining to this Agreement. Such records shall include, but not be limited to, documents supporting all income and all expenditures.
CPA shall have the right, during regular business hours, to review and audit all records relating to this Agreement during the Agreement period and for at least five (5) years from the date of the completion or termination of this Agreement. Any review or audit may be conducted on Contractor’s premises, or, at CPA’s option, Contractor shall provide all records within a maximum of fifteen (15) days upon receipt of written notice from CPA.
Contractor shall refund any monies erroneously charged. Contractor shall have an opportunity to review and respond to or refute any report or summary of audit findings and shall promptly refund any overpayments made by CPA based on undisputed audit findings.
21. Conflict of Interest
a. No CPA employee whose position with the CPA enables such employee to influence the award of this Agreement or any competing Agreement, and no spouse or economic dependent of such employee, shall be employed in any capacity by the contractor or have any other direct or indirect financial interest in this Agreement. No officer or employee of the Contractor who may financially benefit from the performance of work hereunder shall in any way participate in the CPA’s approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence the CPA’s approval or ongoing evaluation of such work.
b. Contractor shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts that create a conflict of interest. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to CPA. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph shall be a material breach of this Agreement.
22. Publicity
Contractor shall not issue a press release or any public statement regarding the Agreement, Services contemplated by this Agreement, or any other related transaction unless CPA has agreed in writing the contents of any such public statement.
Agenda Page 51
10 23. Governing Law, Jurisdiction, and Venue
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Contractor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles.
24. Amendments
None of the terms and conditions of this Agreement may be changed, waived, modified or varied in any manner whatsoever unless in writing duly signed by the Parties.
25. Severability
Should any provision of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, such invalidity will not invalidate the whole of this Agreement, but rather, the remainder of the Agreement which can be given effect without the invalid provisions, will continue in full force and effect and will in no way be impaired or invalidated.
26. Complete Agreement
This Agreement constitutes the entire Agreement between the parties. No modification or amendment shall be valid unless made in writing and signed by each party. Failure of either party to enforce any provision or provisions of this Agreement will not waive any enforcement of any continuing breach of the same provision or provisions or any breach of any provision or provisions of this Agreement.
27. Counterparts
This Agreement may be executed in one or more counterparts, including facsimile(s), emails, or electronic signatures, each of which shall be deemed an original and all of which together will constitute one and the same instrument.
28. Limitation of Liability
To the fullest extent permitted by law, the total liability, in the aggregate, of Contractor and its officers, directors, partners, employees, agents, and subconsultants, to CPA, and anyone claiming through or under CPA, for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way relating to this Project or Contract, from any cause or causes, including but not limited to tort (including negligence and professional errors and omissions), strict liability, breach of contract, or breach of warranty shall not exceed 2.5 times the total compensation received by Contractor or $250,000, whichever is greater; provided that this limitation of liability shall not apply in the event that Contractor and its officers, directors, partners, employees, agents, and subconsultants, to CPA conduct or actions Agenda Page 52
11 29. constitute gross negligence, reckless disregard, or willful misconduct in the performance of this Agreement.
30. Cap on Consequential Damages
Contractor and CPA agree that all consequential or special damages, including, but not limited to, loss of use, profits, revenue, business opportunity, or production, for claims, disputes, or other matters arising out of or relating to the Contract or the services provided by Contractor, regardless of whether such claim or dispute is based upon breach of contract or negligent act or omission of either of them or their employees, agents, subconsultants, or other legal theory, even if the affected party has knowledge of the possibility of such damages shall not exceed $350,000; provided that such cap shall not apply to conduct or actions which constitute gross negligence, reckless disregard, or willful misconduct in the performance of this Agreement.
This cap on consequential damages shall survive termination or completion of this Contract.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
Langan CA, Inc. Clean Power Alliance of Southern California ____________________________________ ____________________________________ By: Brett Milburn By: Theodore Bardacke
Title: Director of Digital
Solutions/Principal/VP
Title: Chief Executive Officer
Agenda Page 53
Exhibit A – Scope of Work
PROJECT TASKS AND DELIVERABLES
Contractor shall be responsible for enhancing and maintaining a GIS web browser tool to support CPA’s Disadvantaged Communities Green Tariff (“DAC-GT”) and Community Solar Green Tariff (“CSGT”) and providing as-needed GIS services in close consultation with CPA staff.
Contractor must account for the following tasks and all tasks must be completed according to the timelines set forth below:
Task #1: External and Internal GIS Web Application
Contractor will provide the specified deliverables to enhance and maintain an internal and external mapping web application that will, among other things, validate renewable project development eligibility for CPA’s Community Solar- Green Tariff and other RFO processes as well as provide CPA Staff with self-service capabilities for general GIS tasks.
1. External Web Application.
1.1. Contractor will enhance and maintain the hosting environment, tools, web application, and any applicable integrations with continual opportunities for feedback from the CPA team.
1.2. Contractor will use the proposed solution to deliver CPA’s internal and externally facing web application utilizing solutions which include, but are not limited to, ArcGIS Hub, Web AppBuilder and ArcGIS Experience Builder.
1.3. Contractor will leverage the following out-of-the-box tools including, but not limited to, deliver necessary functionality:
1.3.1. Pre-built or ad-hoc custom data queries.
1.3.2. Data filtering.
1.3.3. Charts & graphs.
1.3.4. Mobile-ready.
1.3.5. Toggling of layer visibility.
1.3.6. Dynamic map symbology.
1.4. Contractor will maintain a mapping application to house various map layers such as CPA territory boundary and Disadvantaged Community layers. The mapping application should include the ability for the public to view and toggle layers and enter information in real-time on a secure ArcGIS based platform.
1.5. In the event more complex applications when the above custom-off-the-shelf (COTS) products don’t provide enough functionality, Contractor will utilize a CPA-approved custom software development.
2. Internal Self-Service Web Tool for General GIS Tasks.
2.1. Contractor will work with key CPA stakeholders to develop and adopt an ArcGIS data model for internal use that will allow for consumption of data from a variety of sources.
2.2. These tools will allow CPA to import, create, and export GIS file types to a variety of formats such as Esri geodatabases, shapefiles, KMZ/KML files, and AutoCAD drawings.
2.3. This tool will allow consume, validate, and overlay existing publicly available datasets and shapefiles such as census data, political boundaries and other open-source datasets as well as CPA owned datasets to make it accessible through GIS-based web tools.
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2.4. Where external web data services are not available, Contractor will work with CPA to develop a plan to host publicly available datasets, so they are accessible through the web tool.
3. Hosting.
3.1. Contractor will utilize a CPA-approved project delivery solution to host CPA’s GIS web application.
3.2. Contractor will provision and administer the agreed upon solution to CPA until a mutually agreeable hand-off date.
3.3. In the event advanced scenarios arise that prevent the use of a mutually agreed upon solution, Contractor will work with CPA to develop an ArcGIS Enterprise environment through CPA’s servers or through CPA’s Amazon Web Services (AWS) account, as approved by CPA.
4. RFO Evaluations.
4.1. Contractor, working with CPA, will plot project submission footprints with land use and various renewable energy identifiers.
4.2. Contractor will plot data and incorporate data into the GIS web tool allowing the CPA to visualize and analyze the data based on selected criteria.
4.3. Contractor will work with the CPA to plot additional data as needed to assist with project evaluation.
Deliverables for Task #1:
• Contractor will provide CPA with a hosting environment and web application and tools for CPA approval.
• Once fully approved, Contractor will work with CPA to launch the external web application to its website.
• Contractor will also provide plotted submission sites to support CPA’s evaluation of the RFO.
Timeline for Task #1:
• Ongoing over the duration of the Agreement.
Task #2: As-Needed GIS Services
At the request of CPA, Contractor shall perform any of the as-needed GIS services listed below:
1. Staff Training.
1.1. Contractor will provide training to any CPA employees identified as users or maintainers of the web tool/GIS environment. The trainings will cover how to access the system, how the proposed solution is structured, common tool analysis/tasks, and any specific workflows as defined by CPA.
1.2. Contractor will, at CPA’s request, record videos and write workflows for performing routine tasks that CPA can file for future reference.
2. Data Validation, Quality Assessment (“QA”), and Quality Control (“QC”).
2.1. CPA expects that Contractor will offer a proposed solution that will include data validation and QA/QC. Contractor will work with the CPA to develop a data validation and QA/QC process to ensure the data sources are documented and the most up-to-date data is being utilized.
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3. Determining Customer Program Eligibility for the CPA DAC-GT and CSGT Program.
3.1. At the request of CPA, Contractor will provide a list of eligible customers for the following CPA’s DAC-GT CSGT Program.
3.2. Contractor will maintain the process to geocode CPA customer list with CPA to determine customer eligibility. Contractor will continue to share refreshed customer lists, on a weekly basis, with geocoded attributes with CPA’s data manager in CPA’s data manager’s preferred format. Contractor will provide CPA staff with the ability to run these outputs.
Contractor will develop a process to QA/QC the Customer List to ensure accuracy in reporting prior to issuing to CPA.
4. Address Data Management Services.
4.1. Contractor will work with the CPA to geographically display customer service account information into GIS. Once the data is migrated into GIS, Contractor will leverage ArcGIS to validate customer account eligibility.
4.2. Contractor will work with CPA to develop a process for identifying eligible accounts not currently being served by CPA no less than monthly.
4.3. Contractor will work with CPA to develop a streamlined process for regularly sharing refreshed customer lists with geocoded attributes in accordance with CPA data manager in CPA’s data manager’s preferred format.
4.4. The proposed solution must include a series of preconfigured ArcGIS Data Reviewer checks that can validate, maintain and improve the integrity of the address data.
5. 2025 Clean Energy and Reliability RFO Evaluation Support.
5.1. Contractor, working with CPA, will plot project submission footprints with land use and various renewable energy identifiers.
5.2. Contractor will plot data and incorporate data into the GIS web tool allowing the CPA to visualize and analyze the data based on selected criteria.
5.3. Contractor will work with the CPA to plot additional data as needed to assist with project evaluation.
6. Detailed Map Development Services.
6.1. Contractor will work with the CPA to develop detailed maps with multiple layers depicting the CPA service territory and other relevant boundaries for marketing and communication purposes. This may include map development for various programs to support illustration of program eligibility, such as verification of DAC status by address input.
7. Web Tool Maintenance.
7.1. At the request of CPA, Contractor will provide maintenance of any tools created during the term of this agreement.
8. Additional As-Needed Services.
8.1. Additional services to be requested by CPA and agreed to by both Parties.
Deliverables for Task #2:
• Prior to the commencement of any work under Task 2, Contractor shall provide a work plan and cost estimate for each of the services listed above to CPA. Task 2 work will be initiated at the written request of CPA on an as-needed basis by CPA Staff.
Timeline for Task #2:
• Ongoing over the duration of the Agreement.
Agenda Page 56
Exhibit B – [Intentionally Left Blank]
Agenda Page 57
Exhibit C – Compensation
Contractor shall satisfactorily provide all the contemplated Services detailed in Exhibit A at the following hourly rates specified in the table below and in compliance with the terms and conditions of this Agreement.
Table 1: Consultant Time & Material Rates
Role Hourly
Rate
Project Director $260
Senior Project Manager $240
Project Manager and QA/QC Lead $220
Lead Solutions Architect/Developer $240
Senior GIS Solutions Developer $200
GIS Solutions Developer $180
Senior GIS Analyst $170
GIS Analyst (Hourly Rate) $150
GIS Analyst (Day Rate – 8 hours
onsite) *
$1,000
Administrative $80
*Only applicable for in person activities.
Additionally, Contractor shall invoice CPA no more than the budgeted amount listed for each task listed in Table 2 below:
Table 2: Maximum Budgeted Amount Per Task
Task Proposed Staff Estimated
Hours
Not-to-Exceed
Amount
Task 1 – Development of External Web Application
Continued access to Esri
ArcGIS Online & Named
Users Purchase*
(Includes 2025 and 2026
Esri licensing, licensing
costs are a direct pass
through from Esri and may
change at any time)
Senior Project Manager,
Lead Solutions
Architect/Developer and
Senior GIS Solutions
Developer
10 $10,000
External Web Application
& Tool Development &
Internal Self-Service Web
Tool for General GIS
Tasks
Senior Project Manager,
Project Manager, Lead
Solutions
Architect/Developer,
Senior GIS Solutions
Developer, Senior GIS
Analyst, GIS Analyst
80 $16,000
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Customer List Processing
& Data Development &
Analysis
Senior Project Manager,
Project Manager, QA/QC
Lead, and Senior GIS
Analyst, GIS Analyst
100 $20,000
On-Call GIS Support &
Existing Map Updates** All Project Staff 70 $14,000
Training & Workflow
Development
Senior Project Manager,
Lead Solutions
Architect/Developer and
Senior GIS Solutions
Developer, Senior GIS
Analyst
20 $4,000
Task 2 – As Needed Services
Address Data
Management
Project Manager, QA/QC
Lead, and Senior GIS
Analyst, GIS Analyst
25 $5,000
Detailed Map
Development for New
Maps
All Project Staff 45 $9,000
Maintenance
Lead Solutions
Architect/Developer and
Senior GIS Solutions
Developer
10 $2,000
Additional Services as
Requested All Project Staff 100 $20,000
Expenses, if approved in advance, in writing by CPA - $0 TOTAL Program Costs 500 $100,000 Per
Contract Year
* Hosting fees estimated based on Esri pricing and fees per additional user, the needs assessment will allow for a specific quote from Esri based on actual services required. **Open ended task order for on-call support and analysis, will be defined after discussions with CPA. ***Subject to change based on integration solution for Microsoft Dynamics following the needs assessment. ****Please note the estimated fee schedule is based on a blended rate of indicated hours available.
Any travel, administrative expenses, and materials (hereinafter, “Expenses”) will be billed in the amount incurred by Contractor for actual out-of-pocket cost, without any additional mark-up by Contractor. Any Expenses incurred shall be billed for the month in which the Expenses are incurred. Expense reports detailing all Expenses, along with receipts, shall be presented to CPA for reimbursement. All expenses must be approved by CPA in advance writing before they are incurred.
The Total Maximum Amount that CPA shall pay Contractor, including any subcontractor that the Contractor may retain, for all Services and Expenses to be provided under this Professional Services Agreement shall not exceed Two Hundred Thousand Dollars ($200,000) ("Not-to-Exceed" or "NTE") and shall not exceed One Hundred Thousand Dollars ($100,000) per Contract Year.
Agenda Page 59
Contractor shall satisfactorily perform and complete, in the judgement of CPA, all required Services in accordance with Exhibit A notwithstanding the fact that total payment from CPA shall not exceed the NTE.
Agenda Page 60
Exhibit D – [Intentionally Left Blank]
Agenda Page 61
Staff Report – Agenda Item 4
To: Board of Directors
From: Xico Manarolla, Program Manager
Reviewed By: Joanne O’Neill, Director, Customer Programs Matthew Langer, Chief Operating Officer
Nancy Whang, General Counsel
Approved By: Ted Bardacke, Chief Executive Officer
Subject: Approve Memoranda of Understanding with WINTER and Flintridge Center
Date: February 6, 2025
RECOMMENDATION
Approve and authorize the Chief Executive Officer to execute two Memoranda of Understanding (MOU) for pre-apprenticeship training programs with total funding in the amount of $993,000 consisting of:
A. An MOU for a 3-year term with Flintridge Center in the total amount of $435,000 (Flintridge Center MOU); and,
B. An MOU for a 3-year term with Women in Non-Traditional Employment Roles (WINTER MOU) in the total amount of $558,000.
This funding will support Board-approved investments using Community Benefit funds from executed Power Purchase Agreements (PPAs) and provide workers with skills to facilitate building and transportation electrification and support union apprenticeship programs.
Agenda Page 62
Board of Directors Item 4
BACKGROUND
In 2020 the Board directed Staff to seek out program investments that will “green” existing jobs by providing training and resources to give workers the skills necessary to facilitate building and transportation electrification. Union apprenticeship programs, clean energy rapid skills training, and certificate programs for both union and non-union pathways were identified as the types of investments that Staff should consider.
Pre-Apprenticeship Programs
On November 7, 2024, the Board approved the Workforce Phase 3 funding proposal for Multi-Craft Core Curriculum (MC3) pre-apprenticeship programs1 with two new partners, Flintridge Center and Women in Non-Traditional Employment Roles (WINTER), and authorized staff to negotiate MOUs with both organizations. Based on feedback from the Executive Committee in October 2024, staff included requirements for WINTER and Flintridge Center to work with CPA on developing outreach strategies in CPA member communities. The Board and Executive Committee also requested that staff investigate ways to support similar MC3 programs in Ventura County.
DISCUSSION
Flintridge Center
Flintridge Center is located in Pasadena and has run workforce development programs since 2007. They are the administrator of the HireLAX Apprenticeship Readiness Program that uses MC3. Flintridge Center provides pre-apprenticeship training to formerly incarcerated and gang-impacted individuals. Currently, Flintridge Center trains 60 to 90 students per year.
CPA’s 3 years of funding for the Flintridge Center (totaling $435,000) will include supportive services and training stipends for annual cohorts. CPA supportive service funding will provide approximately 270 students roughly $277 per year in supportive 1 Pre-apprenticeship programs utilize the national-standard MC3. The MC3 was developed by the Building Trades National Apprenticeship Committee and is utilized by 26 unions from the Los Angeles Building and Construction Trades Council. The curriculum includes job site certifications, life skills, hands-on training, and case management to assist with navigating additional support services.
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Board of Directors Item 4
services funding over a 3-year period. Supportive services help students overcome numerous barriers, including access to childcare, housing, transportation assistance, union initiation fees, construction equipment, driver's license fees, housing-related assistance, security deposit support, and transitional/sober living costs. Stipends of $1,333 to $4,000 per year will be provided to 90 to 270 students over a 3-year period.
Stipends will be paid to the students while enrolled in the training course since the demands of the training limit other employment opportunities during that period.
Payments to Flintridge Center will be contingent upon their submission of semi-annual reporting of key metrics detailed in the MOU.
Flintridge Center will collaborate with CPA to develop and implement outreach strategies that focus on recruiting and enrolling students from CPA member communities.
Women in Non-Traditional Employment Roles (WINTER)
WINTER is located in the City of Commerce and has run workforce development programs since 1996 that train up to 56 students per year. They provide women aged 18 to 45 with tuition-free apprenticeship readiness programs that utilize MC3 to build foundational skills for a career in construction. WINTER provides pre-apprenticeship training to a variety of women, including those who are low-income, of color, gang-impacted, or recently out of foster care.
Under the WINTER MOU, CPA will administer 12 quarterly grants of $46,500 (totaling $558,000) over 3 years to WINTER for supportive services, training stipends for annual cohorts, and expanding its classroom area for additional students. CPA funding will provide approximately 240 students roughly $500 per year in supportive services funding over a 3-year period. Supportive services help students overcome numerous barriers, including access to childcare, housing, transportation assistance, union initiation fees, construction equipment, and driver's license fees. Stipends of $1,000-$4,000 per year will be provided to 60-240 students over a 3-year period. Stipends will be paid to the students while enrolled in the training course since the demands of the training limit other employment opportunities during that period. Additionally, the WINTER MOU includes Agenda Page 64
Board of Directors Item 4
funding to expand training capabilities and train 24 additional students per year through a 1,500 sq ft expansion of WINTER’s classroom area. Payments to WINTER will be contingent upon their submission of semi-annual reporting of key metrics detailed in the MOU.
WINTER will collaborate with CPA to develop and implement outreach strategies that focus on recruiting and enrolling students from CPA member communities.
Pre-apprenticeship Programs in Ventura County
Beginning in November, staff sought out MC3 or similar pre-apprenticeship programs in Ventura County. On December 9, 2024, staff met with representatives from the Laborers’ International Union of North America (LiUNA), and on December 19, 2024, the Chief Executive Officer met with leadership of the Coastal Tri-Counties Pre-Apprenticeship Program (Tri-Counties) to discuss bringing MC3 pre-apprenticeship programs in Ventura County for women, Mixteco communities, and at-risk youth. Preliminary funding discussions have included stipend and trainer costs for 30-90 students per year in either an existing training facility located in the City of Ventura or an upcoming job creation and training logistics center through a partnership with Oxnard College.
Staff will continue to meet with LiUNA and Tri-Counties to discuss funding opportunities and potentially to negotiate an MOU in the first half of 2025. Should these discussions lead to successfully negotiating an MOU, CPA staff will submit it for consideration at a future Board meeting in 2025.
FISCAL IMPACT
Since the funding for the grants under these MOUs will come from Community Benefits funds provided through several PPAs, these MOUs will not have an impact to CPA’s Fiscal Year 2024-25 budget.
Agenda Page 65
Board of Directors Item 4
ATTACHMENTS
1. Memorandum of Understanding between Women in Non-Traditional Employment Roles and Clean Power Alliance
2. Memorandum of Understanding between Flintridge Center and Clean Power Alliance
Agenda Page 66
Final
1 MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding ("MOU"), made as of the last date signed below (the “Effective Date”), by and between Women In Non-Traditional Employment Roles (“WINTER”) and Clean Power Alliance of Southern California (“CPA”), referred to individually or collectively as “Party” or “Parties,” is to begin workforce development pre-apprenticeship training, as described in more detail below.
RECITALS
WHEREAS, CPA desires to support clean energy workforce development efforts in its service territory;
WHEREAS, CPA is operating a Workforce Development grant program that supports union and non-union training programs that give workers skills necessary to facilitate building and transportation electrification and WINTER has been selected to be a grantee; WHEREAS, WINTER trains up to 56 women per year in the Multi Craft Core Curriculum (MC3) and places 84% of graduates in union apprenticeship programs within 6 months; WHEREAS, WINTER seeks additional funds to provide Stipends to students for earn-as-you learn opportunities, and supportive services to help students with union fees, childcare, transportation, obtaining drivers’ licenses and other services to ensure that students can attend class and meet basic on-site job requirements;
WHEREAS, WINTER seeks additional funds to expand its training facility to train an additional 24 women per year; and
WHEREAS, CPA desires to provide WINTER with funds to support its MC3 based pre-apprenticeship program.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, it is mutually understood and agreed by and between the Parties as follows:
1. Term. This MOU shall begin on the Effective Date and terminate (a) on the date that is three (3) years from the Effective Date or (b) in accordance with CPA’s termination for convenience rights as provided in Section 2 (“Term”).
2. Termination. CPA may terminate this MOU for convenience and without liability to WINTER upon giving WINTER 90 days prior written notice. If a CPA termination for convenience results in the termination of the Lease (as such term is defined below), CPA agrees that it shall be responsible for the financial penalty imposed by the lessor under the Lease due to an early termination of the Lease.
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Final
2 3. CPA Payment. CPA will make twelve quarterly payments of $46,500 (“Quarterly Payments”) to WINTER for a total of $558,000 over the Term of the MOU (the “Grant”); provided that, CPA shall make no Grant payments subsequent to a termination for convenience of this MOU as provided in Section 2. The first Quarterly Payment will be made within 30 days of the Effective Date. Each subsequent Quarterly Payment will be made on May 1st, August 1st, November 1st, and February 1st during the Term until the Grant is funded. CPA reserves the right to pause or cease Quarterly Payments in CPA’s sole discretion if WINTER does not provide a Semi-annual Report (as such term is defined below) in a timely manner in accordance with Section 4.b. WINTER acknowledges and agrees that the Grant shall only be used for the following purposes:
a. Stipends are funds provided to students fully enrolled in the MC3 program as they partake in the earn-as-you learn opportunities.
b. Supportive Services
i. Supportive services include union fees, childcare expenses, transportation costs, assistance obtaining a drivers’ license or other ID, legal support, medical care, and tools.
c. Rent for additional training space (“Lease”)
d. Additional expenses with CPA’s prior written approval subject to CPA’s sole discretion.
4. WINTER Obligations. In consideration of the Grant payments set forth in this MOU, WINTER shall perform obligations in accordance with the terms, conditions, and specifications set forth herein, including as follows:
a. WINTER shall make best efforts to meet the following targets:
i. 20-80 student Stipends per year in the amount of $1,000-$4,000 per student, per year
ii. Supportive services provided to 80 students per year in the amount of $500 per student
b. WINTER agrees to provide CPA with a report every six months (“Semi-annual Report”), for three years beginning once a funded cohort of students begins classroom training, to report on students that attend and complete the program over the three-year period. The Semi-annual Report must include the following metrics:
i. Number of students enrolled in each cohort of the program ii. Number of students enrolled as a result of the additional training space funded by CPA
iii. Number of students who receive CPA-funded Stipends and total dollar value of Stipends distributed per cohort
iv. Total number of Stipends distributed per cohort, regardless of funding source, and total dollar value of Stipends distributed
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Final
3 v. Total number of students receiving supportive services, amount of CPA funding used for supportive services, and type of supportive services provided per cohort
vi. Total number of students receiving supportive services per cohort, regardless of funding source, and total dollar value of supportive services funding distributed
vii. Rate of students per cohort who successfully complete WINTER’s pre-apprenticeship program viii. Number of students placed in union apprenticeship programs, tracked by trade
ix. Number of students who go on to complete a union apprenticeship program
x. Wage increase from pre-apprenticeship, apprenticeship, and employment post-apprenticeship program
xi. Student demographics including: previous income, jurisdiction of residence, highest level of education for students, percentage of students from a disadvantaged community, percentage of students who are veterans, percentage of students who were previously incarcerated, percentage of students who were under or unemployed
c. Upon request from CPA, WINTER will work with CPA to develop a post-training graduation survey to determine employment, planned employment as a result of the MC3 training.
d. WINTER will work with CPA to develop a pre-training survey to determine employment status and current wage (percentage of journeyman’s rate). e. WINTER will collaborate with CPA to develop and implement outreach strategies that focus on CPA member communities.
f. The first Semi-annual Report shall be sent no later than July 30, 2025, with the subsequent Semi-annual Report no later than January 30, 2026, and continue every 6 months, until the end of the Term.
5. Indemnification. WINTER agrees to indemnify, defend, and hold harmless CPA and its employees, officers, and agents, from and against any liability for, and shall assume full responsibility for, payment of all wages, state or federal payroll, social security, income, or self-employment taxes, with respect to WINTER’s performance of this MOU. WINTER further agrees to indemnify, defend, and hold harmless CPA from and against any and all third-party claims, liabilities, penalties, forfeitures, suits, costs, and expenses incident thereto (including costs of defense, settlement, and reasonable attorney’s fees), which CPA may hereafter incur, become responsible for, or pay out, as a result of death or bodily injuries to any person, destruction or physical damage to tangible property, or any violation of governmental laws, regulations or orders arising from WINTER’s Agenda Page 69
Final
4 performance of the terms and conditions of the MOU, except for such loss or damage arising from the sole negligence or willful misconduct of CPA.
6. Insurance.
a. WINTER agrees to provide and maintain throughout the term of this MOU, at its own expense, a program of insurance, or self-insurance, covering the activities and operations of their respective officers, agents, employees, and contractors for the Term of this MOU. This insurance shall include general liability insurance with coverage limits of $1,000,000 per occurrence and $2,000,000 aggregate (unless the aggregate is on a per-policy basis, in which case the aggregate shall be a minimum of $2,000,000). This insurance shall be endorsed to include the following: (i) CPA, its Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on WINTER’s commercial general liability policy; and (ii) written notice to be mailed to CPA 30 days prior to the effective date of a cancellation or non-renewal of such insurance.
b. WINTER agrees to maintain throughout the Term of this MOU, at its own expense, a workers’ compensation policy as required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. c. Nothing herein shall be construed as a limitation on WINTER’s obligation under Paragraph 3 of this MOU to indemnify, defend, and hold CPA harmless from any and all liabilities arising from WINTER’s performance of this MOU.
CPA agrees to timely notify WINTER of any claim. Failure to provide and maintain the insurance required by this MOU will constitute a material breach of the MOU. In addition to any other available remedies, CPA may suspend payment to WINTER for any services provided during any time that insurance was not in effect and until such time as WINTER provides adequate evidence that WINTER has obtained the required coverage.
7. Publicity. Any publicity generated by WINTER related to the performance of this MOU must reference both Parties’ contributions. The words “Clean Power Alliance” must be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles (to the extent possible). Any piece of WINTER publicity with respect to the Grant, including those mentioned above, must be reviewed and approved by CPA before issuing such materials. WINTER agrees to provide CPA with reasonable time for review before such issuance.
Where CPA and WINTER logos are used on any signage or documentation arising from this partnership, the logos of each Party will be of equal size. No signs may be posted, exhibited, or displayed on or about either Party’s property, except signage required by Agenda Page 70
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5 law or contemplated under this MOU, without prior written approval from each of the Parties.
8. General Provisions.
a. Entire Agreement. This MOU represents the full and complete understanding between the Parties as to the subject matter of this MOU and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties related to the subject matter of the MOU.
b. Amendment. Any amendment to or modification of this MOU will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this MOU. c. Governing Law and Venue. This MOU is governed by the laws of the State of California. Any lawsuits related to this MOU must be filed with the Superior Court of California, County of Los Angeles.
d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this MOU.
e. No Recourse against Constituent Members. CPA is organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) pursuant to the Joint Powers Agreement and is a public entity separate from its constituent members. CPA shall solely be responsible for all debts, obligations, and liabilities accruing and arising out of this MOU. WINTER shall not have any rights and shall not make any claims, take any actions, or assert any remedies against any of CPA’s constituent members in connection with this MOU.
f. Independent Parties. Each Party shall perform its responsibilities and activities described herein separately and not as an officer, agent, employee, or volunteer of the other Party hereto. Each Party shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties. g. Confidential Information.
i. Duty to Maintain Confidentiality. WINTER agrees that WINTER will hold all Confidential Information in confidence, and will not divulge, disclose, or directly or indirectly use, copy, digest, or summarize, any Confidential Information unless necessary to comply with any applicable law, regulation, or in connection with any court or regulatory proceeding applicable in which case, any disclosure shall be subject to this paragraph,
7.g.3, and 7.g.4, below.
ii. Definition of “Confidential Information”. The following constitutes “Confidential Information,” whether oral or written: (a) the terms and conditions of, and proposals and negotiations related to, this MOU, (b) information, in whatever form, that CPA shares with WINTER in the Agenda Page 71
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6 course and scope of this MOU, or (c) information that WINTER or CPA stamps or otherwise identifies as “confidential” or “proprietary” before disclosing it to WINTER. iii. Confidential Information shall not include: (1) information that is generally available to the public or in the public domain at the time of disclosure; (2) information that becomes publicly known other than through any breach of this MOU by WINTER or its representatives; (3) information which is subsequently lawfully and in good faith obtained by WINTER or its representatives from a third party, as shown by documentation sufficient to establish the third party as the source of the Confidential Information; provided that the disclosure of such information by such third party is not known by WINTER or its representatives to be in breach of a confidentiality agreement or other similar obligation of confidentiality; (4) information that WINTER or its representatives develop independently without use of or reference to Confidential Information provided by WINTER; or (5) information that is approved for release in writing by WINTER.
iv. California Public Records Act. The Parties acknowledge and agree that the MOU, including but not limited to any communication or information exchanged between the Parties, any deliverable, or work product are subject to the requirements of the California Public Records Act (Government Code Section 7920.000 et seq.). In order to designate information as confidential, the party disclosing Confidential Information must clearly stamp and identify the specific portion of the material designated with the word “Confidential.” The Parties agree not to over-designate material as Confidential Information. Over-designation includes stamping whole agreements, entire pages, or series of pages as “Confidential” that clearly contain information that is not Confidential Information.
v. Third Party Request for Confidential Information. Upon request or demand of any third person or entity not a Party hereto pursuant to the California Public Records Act for production, inspection, and/or copying of Confidential Information (“Requested Confidential Information”), CPA will as soon as practical notify WINTER in writing via email that such request has been made. CPA will be solely responsible for taking at its sole expense whatever legal steps are necessary to prevent release to the third party of the Confidential Information designated by WINTER. If WINTER takes no such action after receiving the foregoing notice from CPA, CPA shall, at its discretion, be permitted to comply with the third party’s request or demand and is not required to defend against it. If WINTER does take or attempt to take such action, WINTER agrees to Agenda Page 72
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7 indemnify and hold harmless CPA, its officers, directors, employees, and agents (“CPA Indemnified Parties”), from any claims, liability, award of attorneys’ fees, or damages, and to defend any action, claim, or lawsuit brought against any of CPA Indemnified Parties for WINTER’s attempt to prevent disclosure or CPA’s refusal to disclose any Confidential Information.
h. Headings. The headings in this MOU are for convenience only, are not a part of the MOU, and in no way affect, limit, or amplify the terms or provisions of this MOU.
i. Severability / Partial Invalidity. If any term or provision of this MOU, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this MOU or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this MOU to carry out its intent. j. Survival. All provisions which by their nature must continue after the MOU expires or is terminated shall survive the MOU and remain in full force and effect.
k. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail:
To CPA:
Joanne O’Neill
801 S. Grand Ave., Ste. 400
Los Angeles, CA 90017
[email protected]
With a copy, which shall not serve as notice as required or specified herein, to:
Francis Choi
Assistant General Counsel
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
[email protected]
To WINTER:
Carlos Torres
29000 S. Western Ave, Suite 301
Agenda Page 73
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8 Rancho Palos Verdes, CA 90275
[email protected]
l. Electronic Signatures. This MOU may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this MOU and shall have the same force and effect as a manually executed original.
m. Execution in Counterparts. This MOU may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument. [Signatures on following page]
Agenda Page 74
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9 IN WITNESS WHEREOF, the parties have executed this MOU on the latest date of execution set forth below.
Ted Bardacke
Clean Power Alliance of Southern California
Title: Chief Executive Officer
Date:
Carlos Torres
Women In Non-Traditional Employment Roles
Title: Executive Director
Date:
Agenda Page 75
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1 MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding ("MOU"), made as of the last date signed below (the “Effective Date”), by and between Flintridge Center (“Flintridge Center”) and Clean Power Alliance of Southern California (“CPA”), referred to individually or collectively as “Party” or “Parties,” is to begin workforce development pre-apprenticeship training, as described in more detail below.
RECITALS
WHEREAS, CPA desires to support clean energy workforce development efforts in its service territory;
WHEREAS, CPA is operating a Workforce Development grant program that supports union and non-union training programs that give workers skills necessary to facilitate building and transportation electrification and Flintridge Center has been selected to be a grantee; WHEREAS, Flintridge Center trains up to 90 students per year who have been previously incarcerated and gang-impacted in the Multi Craft Core Curriculum (MC3) and places 70% of graduates in union apprenticeship programs within 1 year; WHEREAS, Flintridge Center seeks additional funds to provide Stipends to students for earn-as-you learn opportunities, and supportive services to help students with union fees, childcare, transportation, obtaining drivers’ licenses and other services to ensure that students can attend class and meet basic on-site job requirements; and
WHEREAS, CPA desires to provide Flintridge Center with funds to support its MC3 based pre-apprenticeship program.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, it is mutually understood and agreed by and between the Parties as follows:
1. Term. This MOU shall begin on the Effective Date and terminate (a) on the date that is three (3) years from the Effective Date or (b) in accordance with CPA’s termination for convenience rights as provided in Section 2 (“Term”).
2. Termination. CPA may terminate this MOU for convenience and without liability to the Flintridge Center upon giving Flintridge Center 90 days prior written notice.
3. CPA Payment. CPA will make twelve quarterly payments of $36,250 (“Quarterly Payments”) to Flintridge Center for a total of $435,000 over the Term of the MOU (the “Grant”); provided that, CPA shall make no Grant payments subsequent to a termination for convenience of this MOU as provided in Section 2. The first Quarterly Payment will Agenda Page 76
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2 be made within 30 days of the Effective Date. Each subsequent Quarterly Payment will be made on May 1st, August 1st, November 1st, and February 1st during the Term until the Grant is funded. CPA reserves the right to pause or cease Quarterly Payments in CPA’s sole discretion if Flintridge Center does not provide a Semi-annual Report (as such term is defined below) in a timely manner in accordance with Section 4.b. Flintridge Center acknowledges and agrees that the Grant shall only be used for the following purposes:
a. Stipends are funds provided to students fully enrolled in the MC3 program as they partake in the earn-as-you learn opportunities.
b. Supportive Services
i. Supportive services include union fees, childcare expenses, transportation costs, assistance obtaining a drivers’ license or other ID, legal support, medical care, tools, housing related assistance, security deposit support, transitional/sober living bid costs, etc. c. Additional expenses with CPA’s prior written approval subject to CPA’s sole discretion.
4. Flintridge Center Obligations. In consideration of the Grant payments set forth in this MOU, Flintridge Center shall perform obligations in accordance with the terms, conditions, and specifications set forth herein, including as follows:
a. Flintridge Center shall make best efforts to meet the following targets:
i. 30-90 student Stipends per year in the amount of $1,333-$4,000 per student, per year
ii. Supportive services provided to 90 students per year in the amount of $277 per student
b. Flintridge Center agrees to provide CPA with a report every six months (“Semi-annual Report”), for three years beginning once a funded cohort of students begins classroom training, to report on students that attend and complete the program over the three-year period. The Semi-annual Report must include the following metrics:
i. Number of students enrolled in each cohort of the program ii. Number of students who receive CPA-funded Stipends and total dollar value of Stipends distributed per cohort
iii. Total number of Stipends distributed per cohort, regardless of funding source, and total dollar value of Stipends distributed
iv. Total number of students receiving supportive services, amount of CPA funding used for supportive services, and type of supportive services provided per cohort
v. Total number of students receiving supportive services per cohort, regardless of funding source, and total dollar value of supportive services funding distributed
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3 vi. Rate of students per cohort who successfully complete Flintridge Center’s pre-apprenticeship program
vii. Number of students placed in union apprenticeship programs, tracked by trade
viii. Number of students who go on to complete a union apprenticeship program (if available)
ix. Wage increase from pre-apprenticeship, apprenticeship, and employment post-apprenticeship program
x. Student demographics including: previous income, jurisdiction of residence, highest level of education for students, percentage of students from a disadvantaged community, percentage of students who are veterans, percentage of students who were previously incarcerated, percentage of students who were under or unemployed
c. Upon request from CPA, Flintridge Center will work with CPA to develop a post-training graduation survey to determine employment, planned employment as a result of the MC3 training.
d. Flintridge Center will work with CPA to develop a pre-training survey to determine employment status and current wage (percentage of journeyman’s rate).
e. Flintridge Center will collaborate with CPA to develop and implement outreach strategies that focus on CPA member communities.
f. The first Semi-annual Report shall be sent no later than July 30, 2025, with the subsequent Semi-annual Report no later than January 30, 2026, and continue every 6 months, until the end of the Term.
5. Indemnification. Flintridge Center agrees to indemnify, defend, and hold harmless CPA and its employees, officers, and agents, from and against any liability for, and shall assume full responsibility for, payment of all wages, state or federal payroll, social security, income, or self-employment taxes, with respect to Flintridge Center’s performance of this MOU. Flintridge Center further agrees to indemnify, defend, and hold harmless CPA from and against any and all third-party claims, liabilities, penalties, forfeitures, suits, costs, and expenses incident thereto (including costs of defense, settlement, and reasonable attorney’s fees), which CPA may hereafter incur, become responsible for, or pay out, as a result of death or bodily injuries to any person, destruction or physical damage to tangible property, or any violation of governmental laws, regulations or orders arising from Flintridge Center’s performance of the terms and conditions of the MOU, except for such loss or damage arising from the sole negligence or willful misconduct of CPA.
6. Insurance.
a. Flintridge Center agrees to provide and maintain throughout the Term of this Agenda Page 78
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4 MOU, at its own expense, a program of insurance, or self-insurance, covering the activities and operations of their respective officers, agents, employees, and contractors for the Term of this MOU. This insurance shall include general liability insurance with coverage limits of $1,000,000 per occurrence and $2,000,000 aggregate (unless the aggregate is on a per-policy basis, in which case the aggregate shall be a minimum of $2,000,000). This insurance shall be endorsed to include the following: (i) CPA, its Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on Flintridge Center’s commercial general liability policy; and (ii) written notice to be mailed to CPA 30 days prior to the effective date of a cancellation or non-renewal of such insurance. b. Flintridge Center agrees to maintain throughout the Term of this MOU, at its own expense, a workers’ compensation policy as required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. c. Nothing herein shall be construed as a limitation on Flintridge Center’s obligation under Paragraph 3 of this MOU to indemnify, defend, and hold CPA harmless from any and all liabilities arising from Flintridge Center’s performance of this MOU. CPA agrees to timely notify Flintridge Center of any claim. Failure to provide and maintain the insurance required by this MOU will constitute a material breach of the MOU. In addition to any other available remedies, CPA may suspend payment to Flintridge Center for any services provided during any time that insurance was not in effect and until such time as Flintridge Center provides adequate evidence that Flintridge Center has obtained the required coverage.
7. Publicity. Any publicity generated by Flintridge Center related to the performance of this MOU must reference both Parties’ contributions. The words “Clean Power Alliance” must be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles (to the extent possible). Any piece of Flintridge Center publicity with respect to the Grant, including those mentioned above, must be reviewed and approved by CPA before issuing such materials. Flintridge Center agrees to provide CPA with reasonable time for review before such issuance.
Where CPA and Flintridge Center logos are used on any signage or documentation arising from this partnership, the logos of each Party will be of equal size. No signs may be posted, exhibited, or displayed on or about either Party’s property, except signage required by law or contemplated under this MOU, without prior written approval from each of the Parties.
8. General Provisions.
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5 a. Entire Agreement. This MOU represents the full and complete understanding between the Parties as to the subject matter of this MOU and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties related to the subject matter of the MOU.
b. Amendment. Any amendment to or modification of this MOU will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this MOU. c. Governing Law and Venue. This MOU is governed by the laws of the State of California. Any lawsuits related to this MOU must be filed with the Superior Court of California, County of Los Angeles.
d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this MOU.
e. No Recourse against Constituent Members. CPA is organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) pursuant to the Joint Powers Agreement and is a public entity separate from its constituent members. CPA shall solely be responsible for all debts, obligations, and liabilities accruing and arising out of this MOU. Flintridge Center shall not have any rights and shall not make any claims, take any actions, or assert any remedies against any of CPA’s constituent members in connection with this MOU.
f. Independent Parties. Each Party shall perform its responsibilities and activities described herein separately and not as an officer, agent, employee, or volunteer of the other Party hereto. Each Party shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties. g. Confidential Information.
i. Duty to Maintain Confidentiality. Flintridge Center agrees that Flintridge Center will hold all Confidential Information in confidence, and will not divulge, disclose, or directly or indirectly use, copy, digest, or summarize, any Confidential Information unless necessary to comply with any applicable law, regulation, or in connection with any court or regulatory proceeding applicable in which case, any disclosure shall be subject to this paragraph, 7.g.3, and 7.g.4, below.
ii. Definition of “Confidential Information”. The following constitutes “Confidential Information,” whether oral or written: (a) the terms and conditions of, and proposals and negotiations related to, this MOU, (b) information, in whatever form, that CPA shares with Flintridge Center in the course and scope of this MOU, or (c) information that Flintridge Center or CPA stamps or otherwise identifies as “confidential” or “proprietary” before disclosing it to Flintridge Center.
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6 iii. Confidential Information shall not include: (1) information that is generally available to the public or in the public domain at the time of disclosure; (2) information that becomes publicly known other than through any breach of this MOU by Flintridge Center or its representatives; (3) information which is subsequently lawfully and in good faith obtained by Flintridge Center or its representatives from a third party, as shown by documentation sufficient to establish the third party as the source of the Confidential Information; provided that the disclosure of such information by such third party is not known by Flintridge Center or its representatives to be in breach of a confidentiality agreement or other similar obligation of confidentiality; (4) information that Flintridge Center or its representatives develop independently without use of or reference to Confidential Information provided by Flintridge Center; or (5) information that is approved for release in writing by Flintridge Center.
iv. California Public Records Act. The Parties acknowledge and agree that the MOU, including but not limited to any communication or information exchanged between the Parties, any deliverable, or work product are subject to the requirements of the California Public Records Act (Government Code Section 7920.000 et seq.). In order to designate information as confidential, the party disclosing Confidential Information must clearly stamp and identify the specific portion of the material designated with the word “Confidential.” The Parties agree not to over-designate material as Confidential Information. Over-designation includes stamping whole agreements, entire pages, or series of pages as “Confidential” that clearly contain information that is not Confidential Information.
v. Third Party Request for Confidential Information. Upon request or demand of any third person or entity not a Party hereto pursuant to the California Public Records Act for production, inspection, and/or copying of Confidential Information (“Requested Confidential Information”), CPA will as soon as practical notify Flintridge Center in writing via email that such request has been made. CPA will be solely responsible for taking at its sole expense whatever legal steps are necessary to prevent release to the third party of the Confidential Information designated by Flintridge Center. If Flintridge Center takes no such action after receiving the foregoing notice from CPA, CPA shall, at its discretion, be permitted to comply with the third party’s request or demand and is not required to defend against it. If Flintridge Center does take or attempt to take such action, Flintridge Center agrees to indemnify and hold harmless CPA, its officers, directors, employees, and agents (“CPA Indemnified Parties”), Agenda Page 81
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7 from any claims, liability, award of attorneys’ fees, or damages, and to defend any action, claim, or lawsuit brought against any of CPA Indemnified Parties for Flintridge Center’s attempt to prevent disclosure or CPA’s refusal to disclose any Confidential Information.
h. Headings. The headings in this MOU are for convenience only, are not a part of the MOU, and in no way affect, limit, or amplify the terms or provisions of this MOU.
i. Severability / Partial Invalidity. If any term or provision of this MOU, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this MOU or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this MOU to carry out its intent. j. Survival. All provisions which by their nature must continue after the MOU expires or is terminated shall survive the MOU and remain in full force and effect.
k. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail:
To CPA:
Joanne O’Neill
801 S. Grand Ave., Ste. 400
Los Angeles, CA 90017
[email protected]
With a copy, which shall not serve as notice as required or specified herein, to:
Francis Choi
Assistant General Counsel
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
[email protected]
To Flintridge Center:
Josh McCurry
236 West Mountain Street, Suite 106
Pasadena, CA 91103
[email protected]
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8 l. Electronic Signatures. This MOU may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this MOU and shall have the same force and effect as a manually executed original.
m. Execution in Counterparts. This MOU may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument. [Signatures on following page]
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9 IN WITNESS WHEREOF, the parties have executed this MOU on the latest date of execution set forth below.
Ted Bardacke
Clean Power Alliance of Southern California
Title: Chief Executive Officer
Date:
Josh McCurry
Flintridge Center
Title: Executive Director
Date:
Agenda Page 84
Staff Report – Agenda Item 5
To: Board of Directors
From: Christian Cruz, Senior Community Outreach Manager Approved by: Ted Bardacke, Chief Executive Officer
Subject: Community Advisory Committee (CAC) Report
Date: February 6, 2025
RECOMMENDATION
Receive and file.
MEETING REPORT
Low Income Solar and Storage Program Update
The CAC received a presentation on CPA’s Low-Income Solar and Storage Program. The program will enable CPA customers who are single family homeowners and meet 80% area median income requirements to obtain solar photovoltaic (PV) and battery energy storage systems at no upfront cost. Additionally, CPA will operate the batteries as a Virtual Power Plant (VPP) to reduce peak demand and lower costs. Customer value for the program includes:
• Bill savings: Reduction in electricity bill costs. On average, each home will be equipped with up to 5 kW of solar PV and 20 kWh of battery storage. • Resilience: At least 20% of the battery system reserved for back-up power in case of an outage.
• Ownership: After 5 years of Program participation, system ownership transferred to customer at no additional cost. Equipment warranty for 20 years (solar) and 10 years (battery) serviced by equipment manufacturers.
• Community: Allows customers to generate power locally The CAC recommended that, as CPA begins marketing the program, staff emphasize the types of cost savings customers can expect, collaborate with local community-based organizations to promote the program, and provide marketing materials in multiple languages.
Agenda Page 85
Board of Directors Item 5
ATTACHMENT
1. CAC Meeting Attendance
Community Advisory Committee Attendance
2025
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov
East Ventura/West LA County
Angus Simmons ✓
Kat Selm ✓
Debbie West A
San Gabriel Valley
Richard Tom A
Vacant
West/Unincorporated Ventura County
Kent Bullard A
Daniel Mora ✓
South Bay
Cort Casady ✓
Diane Wallace ✓
Gateway Cities
Vacant
Genaro Bugarin ✓
Westside
Cris Gutierrez ✓
David Haake A
Unincorporated LA County
Neil Fromer ✓
Vacant
✓ - Attended A – Absent X – Medical/Personal Leave
Action Items and Presentations
January
Low Income Solar and Storage Program
July
February August
March September
April October
May November
June
Agenda Page 86
Staff Report – Agenda Item 6
To: Board of Directors
From: Karen Schmidt, Senior Director, Rates & Strategy
Reviewed by: Matthew Langer, Chief Operating Officer
Nancy Whang, General Counsel
Approved By: Ted Bardacke, Chief Executive Officer
Subject: March 2025 Interim Rates
Date: February 6, 2025
RECOMMENDATION
Adopt Resolution 25-02-079 to approve 2025 interim rates for Phases 1, 2, 3, 4, 5 and 6 customers consistent with the 2025 interim rates adjustment approach (as described below), with an effective date of March 1, 2025.
BACKGROUND
CPUC ERRA Decision and CPA’s Competitive Position
In late December 2024, the California Public Utilities Commission (CPUC) approved Southern California Edison’s (SCE) Alternate 2025 ERRA1 Update. The CPUC decision allowed SCE to decrease their generation rates an average of 9% while slightly increasing the 2018 vintage Power Charge Indifference Adjustment (PCIA)2 rates paid by most CPA customers. Both of these changes became effective January 1, 2025. SCE also implemented a delivery rate increase on January 1. The decrease in SCE generation 1 ERRA (Energy Resource Recovery Account) is the annual CPUC proceeding with establishes each investor-owned utility’s forecasted power costs and revenue requirements for the coming year and is the basis for the utility’s generation and Power Charge Indifference Adjustment (PCIA) rates for that year. 2 The PCIA is the charge or credit applied by SCE to all Community Choice Aggregator (CCA) and Direct Access customers for the difference between the acquisition cost and the current market value of energy procured on behalf of those customers prior to their departure from SCE bundled service.
Agenda Page 87
Board of Directors Item 6
rates does not impact CPA customer bills but worsened CPA’s competitive position relative to SCE for most customers. Most CPA customers will see about a 9% increase in their bills compared to October 2024, almost all from the SCE delivery rate increase (see tables below).
Average Total Residential Bill*
Energy
Product
July 2024
Target
Comparison
to SCE October 2024 Comparison to SCE Jan 2025 Comparison to SCE SCE Base $186 $182 $193
Lean $184 -1% $189 +3.6% $206 +7.0%
Clean $186 0% $191 +4.6% $208 +8.0%
100% Green $196 +5% $200 +9.7% $218 +13.0%
Average Total Small Business Bill*
Energy
Product
July 2024
Target
Comparison
to SCE October 2024 Comparison to SCE Jan 2025 Comparison to SCE SCE Base $272 $262 $266
Lean $269 -1% $274 +4.3% $288 +8.1%
Clean $272 0% $276 +5.3% $291 +9.1%
100% Green $285 +5% $290 +10.5% $304 +14.2%
*Comparisons are based on representative 2018 PCIA vintage rate schedules, average customer usage and load profiles and CPA and SCE rates as of January 1, 2025. Individual customer comparisons vary by specific rate schedule and customer usage.
For customers in the communities that began service in 2024 – Hermosa Beach, Monrovia, and Santa Paula – the impact of the SCE rate changes was offset by a significant decrease in the 2023 vintage PCIA rates charged to customers in those communities. Most customers in these communities will see about a 3% net increase in their total bills compared to October 2024, due entirely to the SCE delivery rate increase.
Agenda Page 88
Board of Directors Item 6
Average Total Residential Bill – Hermosa Beach/Monrovia/Santa Paula* Energy
Product
July 2024
Target
Comparison
to SCE
October
2024
Comparison
to SCE
January
2025
Comparison
to SCE
SCE Base $186 $182 $193
Lean $184 -1% $189 +3.6% $195 +1.0%
Clean $186 0% $191 +4.6% $197 +2.0%
100% Green $196 +5% $200 +9.7% $207 +7.0%
*Comparisons are based on representative 2018 PCIA vintage rate schedules, average customer usage and load profiles and CPA and SCE rates as of January 1, 2025. Individual customer comparisons vary by specific rate schedule and customer usage.
CPA’s FY 2024-25 Financial Trajectory
Staff projects that CPA’s FY 2024-25 Contribution to Net Position will be $190 million, $57 million higher than the $133 million contribution in the FY 2024-25 Budget approved by the Board in June 2024, with expected reserves of approximately 45-49% at the end of the fiscal year on June 30, 2025. Staff projections indicate that in June 2025, the Board could return to the FY 2024/25 total bill comparison levels adopted by the Board in June 2024 and be close to meeting its maximum 50% reserve target3 by the end of FY 2025/26.
DISCUSSION
On January 16, 2025, the Executive Committee reviewed three scenarios presented by staff for an interim rate adjustment to take effect on March 1, 2025. 3 Reserves are defined in CPA's Reserve Policy as the sum of the net position and fiscal stabilization fund balance.
The Reserve Target is a range equal to 30-50% of annual operating expenses.
Agenda Page 89
Board of Directors Item 6
Summary of Interim Rate Adjustment Scenarios
Current Scenario 1
Scenario 2:
Proposed Rate
Adjustment
Scenario 3
Residential and Small/Medium Business Total Bill Comparison Targets to SCE 1 Lean Power +7% +3% +0% -1%
Clean Power +8% +4% +1% 0%
100% Green Power +13% +9% +6% +5%
Projected FY 2024/25
Contribution to Net Position $190M $146M $118M $108M
Revenue Reduction ($44M) ($72M) ($82M)
FY 2024/25 Contribution to Net
Position (Projected vs. Budget)
2 $57M $13M ($16M) ($25M)
Projected Reserve % as of
6/30/25 45-49% 42-46% 40-44% 39-43%
Note: Financial projections reflect updated calculations and financial results since the January 16, 2025 Executive Committee meeting and are subject to change.
1Bill comparison targets apply to all residential, small and medium business, and CARE/FERA/Medical Baseline customers. See below for current and projected total bill comparisons for large commercial, industrial, pumping and agriculture and streetlight rates (“Subset Rates”). 2The FY 2024/25 budgeted increase in the net position is $133 million.
The Executive Committee’s considerations in evaluating the scenarios included:
• CPA’s projected $57 million increase to the FY 2024/25 contribution to net position versus budget;
• CPA’s ability to return to FY 2024/25 total bill comparison targets in June 2025 and make progress toward meeting its maximum 50% reserve target in FY 2025/26 • Customer bill impacts and competitiveness with SCE rates; and • Uncertainty about future energy market volatility and SCE rates.
The Executive Committee unanimously recommended that the Board adopt Scenario 2, which would:
1. Reach a projected FY 2024-25 contribution to a net position of $118 million with reserves at 40-44% at CPA’s projected FY 2024-25 cost of service.
Agenda Page 90
Board of Directors Item 6
2. Return residential and small/medium business total bill comparison targets to levels near the FY 2024/25 targets approved by the Board in June 2024 and provide these customers with one option at parity with SCE such that for residential and small and medium business customers,
4 the 100% Green Power rate product
targets a 6% total bill premium compared to SCE‘s rates as of January 1, 2025, Clean Power targets a 1% total bill premium compared to SCE‘s rates as of January 1, 2025, and Lean Power targets a 0% total bill discount compared to SCE rates as of January 1, 2025.
3. Adjust Phase 1 through 6 rates for large commercial, pumping and agriculture, and street and area lighting customer rate classes (“Subset Customers”) based on a reserve percentage target of 40-44% and CPA’s projected FY 2024-2025 cost of service.
4. (Paragraphs 1-3 are referred to as the “2025 Interim Rates Adjustment Approach”) The Executive Committee recommended Scenario 2 to accomplish the following policy objectives: (i) position CPA to weather future market and SCE rate volatility, (ii) make progress toward Board’s maximum 50% reserve target in FY 2025/26, and (iii) provide rate relief to customers in advance of the FY 2025/26 rate setting cycle.
The Executive Committee concurred with staff’s proposal to consider and implement the 2025 Interim Rates Adjustment Approach on an accelerated timeline so as to bring rate relief beginning March 1, 2025 instead of the typical two-step recommendation and approval process that is utilized in the standard annual rate setting cycle.
PROPOSED INTERIM RATE ADJUSTMENT
The 2025 Interim Rates Adjustment Approach would reduce FY 2024/25 revenues by $72 million, resulting in a projected contribution to net position of $118 million and reserves of 40-44% as of June 30, 2025. It would provide residential and small/medium business 4 Includes residential and non-residential CARE, FERA, and Medical Baseline customers. Small and medium business customers are on TOU-GS-1, TOU-GS-2, TOU-EV, TC, and WTR rate schedules. In Phase 1 and 2 service areas (Rolling Hills Estates, South Pasadena, and unincorporated Los Angeles County), this also includes TOU-PA, LS, and AL customers.
Agenda Page 91
Board of Directors Item 6
customers with parity to SCE on Lean Power, a 1% premium on Clean Power, and a 6% premium on 100% Green Power, based on total bills and SCE rates as of January 1, 2025.
Average Total Residential Bill Comparisons*
Energy
Product
July
2024
Target
Comparison
to SCE
October
2024
Comparison
to SCE
January
2025
Comparison
to SCE
Recommended Rate
Adjustment
March 2025 Comparison
to SCE
SCE
Base $186 $182 $193 $193
Lean $184 -1% $189 +3.6% $206 +7.0% $193 0%
Clean $186 0% $191 +4.6% $208 +8.0% $195 +1%
100%
Green $196 +5% $200 +9.7% $218 +13.0% $205 +6%
*Comparisons are based on representative estimated 2018 PCIA vintage rate schedules, average customer usage and load profiles and SCE rates as of January 1, 2025. Individual customer comparisons vary by specific rate schedule and customer usage. Rate comparison targets apply to all residential, small/medium businesses, and CARE/FERA/Medical Baseline customers.
Rates for large commercial, pumping and agriculture, and street and area lighting customer rate classes (“Subset Customers”)5 would also be adjusted based on a reserve percentage target of 40-44% and CPA’s projected FY 2024-2025 cost of service.
5 Subset Customers are on TOU-8 and TOU-GS-3 rate schedules in Phase 1 and 2 service areas (Rolling Hills Estates, South Pasadena, and unincorporated Los Angeles County); and TOU-8, TOU-GS-3, TOU-PA, LS, and AL rate schedules for customers in all other areas of CPA’s service territory.
Agenda Page 92
Board of Directors Item 6
Selected Subset Rate Total Bill Comparisons*
Rate Schedule
July 2024 January 2025
Recommended Rate
Adjustment
Lean Clean
100%
Green
Lean Clean
100%
Green
Lean Clean
100%
Green
TOU-GS-3-D 2.3% 3.4% 8.7% 11.9% 13.0% 18.3% 3.0% 3.9% 8.3% TOU-8-D-SEC 2.3% 3.4% 8.8% 11.5% 12.6% 18.1% 2.9% 3.8% 8.3% TOU-PA-2-D 0.3% 1.4% 6.9% 10.8% 11.9% 17.6% 1.6% 2.6% 7.4% TOU-PA-3-D 1.1% 2.2% 7.9% 11.0% 12.1% 17.8% 2.3% 3.3% 8.1% LS-1 19.2% 20.4% 26.7% 27.2% 28.5% 34.8% 18.6% 19.7% 25.1% *Subset Rates include TOU-GS3, TOU-8, TOU-PA-2, TOU-PA-3, and streetlighting rate schedules. Comparisons are based on representative 2018 PCIA vintage rate schedules and average customer usage and load profiles for each specified rate class.
Comparisons for interim rate adjustment options are preliminary, based on SCE rates as of January 1, 2025. Individual customer comparisons vary by specific rate schedule, PCIA vintage, and customer usage.
Power Share rates would be adjusted based on the new CPA rates as of March 1, 2025 and SCE rates as of January 1, 2025, to maintain the 20% total bill discount provided to customers enrolled in this program.
FUTURE RATE CHANGES
The Board will conduct its annual FY 2025-2026 budget and rate setting process in April and May, culminating in the adoption of final FY 2025/2026 rates in June to go into effect at the start of the new fiscal year in July.
ATTACHMENTS
1. March 2025 Interim Rates Presentation
2. Resolution No. 25-02-079
Agenda Page 93
2025 Interim Rate Adjustment
February 6, 2025
Agenda Page 94
Summary
In December, the CPUC approved SCE’s Alternate 2025 ERRA Update, allowing SCE to decrease their generation rates 9% while slightly increasing 2018 vintage PCIA rates, effective January 1, 2025. SCE also implemented a delivery rate increase on January 1 Most CPA residential customers will see about a 9% total bill increase. Almost all that increase is due to the rise in SCE delivery rates
The decrease in SCE generation rates worsened CPA’s competitive position for most customers, with residential total bill premiums ranging from 7% for Lean Power to 13% for 100% Green Power
Financial projections indicate that the CPA Board can provide customers with near -term rate relief through an interim rate adjustment while staying on track to meet CPA financial and competitiveness goals
The Executive Committee reviewed three interim rate adjustment options on January 16 and unanimously recommended that the Board approve an interim rate adjustment that would allow CPA to stay close to budget for FY 2024-2025, significantly improve CPA’s competitive position, and reduce customer bills
If approved by the Board, this rate adjustment would go into effect on March 1. The Board will revisit rates this spring through the standard annual rate setting process to establish rates for FY 2025-2026 that will go into effect on July 1
Agenda Page 95
Over strenuous CPA objections, in late December, the CPUC approved SCE’s Alternate 2025 ERRA Update, allowing SCE to decrease their generation rates 9% while slightly increasing 2018 vintage PCIA rates, effective January 1, 2025. SCE also implemented a delivery rate increase on January 1 The decrease in SCE generation rates worsened CPA’s competitive position for most customers Most small/medium business bill comparisons are ~1% higher than residential. See Appendix for additional detail
Most CPA customers will see about a 9% increase in their bills compared to October 2024, almost all from the SCE delivery rate increase
CPUC ERRA Decision and Current Rates
Energy Product July 2024
Target
Comparison to
SCE October 2024 Comparison to
SCE Jan 2025 Comparison to
SCE
SCE Base $186 $182 $193
Lean $184 -1% $189 +3.6% $206 +7.0%
Clean $186 0% $191 +4.6% $208 +8.0%
100% Green $196 +5% $200 +9.7% $218 +13.0%
Average Total Residential Bill*
*Comparisons are based on representative 2018 PCIA vintage rate schedules, average customer usage and load profiles and CPA and SCE rates as of January 1, 2025. Individual customer comparisons vary by specific rate schedule and customer usage.
Agenda Page 96
For customers in the communities that began service in 2024 – Hermosa Beach, Monrovia, and Santa Paula – the impact of the SCE rate changes was offset by a significant decrease in the 2023 vintage PCIA rates charged to customers in those communities Most customers in these communities will see about a 3% net increase in their total bills compared to October 2024, all due to SCE’s delivery rate increase Current Rates in 2023 PCIA Vintage
Communities
Energy Product July 2024
Target
Comparison to
SCE October 2024 Comparison to
SCE Jan 2025 Comparison to
SCE
SCE Base $186 $182 $193
Lean $184 -1% $189 +3.6% $195 +1.0%
Clean $186 0% $191 +4.6% $197 +2.0%
100% Green $196 +5% $200 +9.7% $207 +7.0%
Average Total Residential Bill – Hermosa Beach/Monrovia/Santa Paula* *Comparisons are based on representative 2023 PCIA vintage rate schedules, average customer usage and load profiles and CPA and SCE rates as of January 1, 2025. Individual customer comparisons vary by specific rate schedule and customer usage.
Agenda Page 97
Interim Rate Adjustment Considerations
Over time CPA has remained highly competitive, and total bill comparisons fluctuations have not had a discernible impact on customer participation rates However, current bill comparisons are above historical levels, at a time when rising total electricity costs are heightening customer impacts and concerns about affordability
In October 2025, SCE’s temporary ERRA trigger rate reduction will be reversed, raising SCE generation rates and significantly improving CPA’s competitive position $0.05
$0.10
$0.15
$0.20
$0.25
$0.30
1/1/2019 7/1/2019 1/1/2020 7/1/2020 1/1/2021 7/1/2021 1/1/2022 7/1/2022 1/1/2023 7/1/2023 1/1/2024 7/1/2024 1/1/2025 $/kWh
Residential Electricity Rates 2019-2024*
SCE Delivery (Equal
for All Customers)
CPA Generation -
100% Green Power
CPA Generation -
Lean Power
SCE Generation -
Base Rate
*Annualized rates based on 2023
average monthly customer usage.
Generation rates inclusive of
PCIA, Competition Transition
Charge, and Generation Municipal
Surcharge. Delivery rates
inclusive of Wildfire Fund Charge
and Fixed Recovery Charge.
Agenda Page 98
Interim Rate Adjustment Considerations
While the CPA Board aims to set rates annually to provide rate stability and predictability, there is precedent for adopting interim rate adjustments in response to extraordinary market and competitiveness conditions
At its January 16 meeting the Executive Committee considered three scenarios for a potential rate adjustment in advance of the regular FY 2025/26 rate setting cycle, taking into consideration that CPA’s fiscal position in FY 2024/25 is ahead of budget In recommending an off-cycle rate reduction, the Executive Committee concurred with staff’s proposal to implement the rate reduction on an accelerated timeline by March 1, 2025, shortening by one month the typical two-step recommendation and approval process that is utilized in the standard annual rate setting cycle Agenda Page 99
Proposed Interim Rate Adjustment
Current Scenario 1 Scenario 2: Proposed
Rate Adjustment Scenario 3
Residential and Small/Medium Business Total Bill Comparisons to SCE1 Lean Power +7% +3% +0% -1%
Clean Power +8% +4% +1% 0%
100% Green Power +13% +9% +6% +5%
Projected FY 2024/25 Contribution to Net Position $190M $146M $118M $108M Revenue Reduction ($44M) ($72M) ($82M)
FY 2024/25 Contribution to Net Position (Projected
vs. Budget)2 $57M $13M ($16M) ($25M)
Projected Reserve % as of 6/30/25 45-49% 42-46% 40-44% 39-43% Note: Financial projections reflect updated rate calculations and financial results since the January 16, 2025 Executive Committee meeting and are subject to change. 1See Appendix for current and projected total bill comparisons for large commercial, industrial, pumping and agriculture and streetlight rates (“Subset Rates”). 2The FY 2024/25 budgeted increase in the net position is $133 million.
The Executive Committee unanimously recommended that the Board approve an interim rate adjustment based on Scenario 2. This Scenario would keep CPA close to budget for FY 2024/25 while returning total bill comparisons to levels near the FY 2024/25 targets approved by the Board in June 2024
Agenda Page 100
Proposed Interim Rate Adjustment
The Executive Committee recommended Scenario 2 to achieve the following policy objectives:
o Positioning CPA to weather future rate and market volatility o Make progress toward the Board’s maximum 50% reserve target in FY 2025/261 o Provide rate relief to customers in advance of FY 2025/26 rate setting cycle These comparisons would apply to customers across all PCIA vintages Energy
Product
July 2024
Target
Comparison
to SCE October 2024 Comparison
to SCE Jan 2025 Comparison
to SCE
Recommended Rate
Adjustment (Scenario 2)
March 2025 Comparison
to SCE
SCE Base $186 $182 $193 $193
Lean $184 -1% $189 +3.6% $206 +7.0% $193 0%
Clean $186 0% $191 +4.6% $208 +8.0% $195 +1%
100% Green $196 +5% $200 +9.7% $218 +13.0% $205 +6%
Average Total Residential Bill*
*Comparisons are based on representative estimated 2018 PCIA vintage rate schedules, average customer usage and load profiles and SCE rates as of January 1, 2025. Individual customer comparisons vary by specific rate schedule and customer usage. See Appendix for total bill comparison targets for subset rates. 1 Reserves are defined in CPA's Reserve Policy as the sum of the net position and fiscal stabilization fund balance. The Reserve Target is a range equal to 30-50% of annual operating expenses
Agenda Page 101
Action Requested
Staff requests that the Board approve Resolution 25-02-079 adopting an interim rate adjustment as recommended by the Executive Committee based on the following 2025 Interim Rate Adjustment Approach:
o Adjust rates for residential and small and medium business customers based on a reserve percentage target of 40-44% and CPA’s projected FY 2024-25 cost of service, such that the 100% Green Power rate product targets a 6% total bill premium compared to SCE rates as of January 1, 2025, Clean Power targets a 1% total bill premium compared to SCE rates as of January 1, 2025, and Lean Power targets a 0% total bill discount compared to SCE rates as of January 1, 2025
o Adjust rates for large commercial, pumping and agriculture, and street and area lighting customer rate classes (“Subset Rates”) based on a reserve percentage target of 40-44% and CPA’s projected FY 2024-2025 cost of service
Agenda Page 102
Next Steps
If adopted, the interim rate adjustment will take effect March 1 Staff will begin discussion of the FY 2025/26 rate approach with Executive Committee in March and the Board in April in accordance with the regular annual rate setting cycle, culminating in Board adoption of FY 2025/26 rates in June 2025 Agenda Page 103
Appendix
Agenda Page 104
Current Total Bill Comparisons – Small
Business
Energy Product July 2024
Target
Comparison to
SCE October 2024 Comparison to
SCE Jan 2025 Comparison to
SCE
SCE Base $272 $262 $266
Lean $269 -1% $274 +4.3% $288 +8.1%
Clean $272 0% $276 +5.3% $291 +9.1%
100% Green $285 +5% $290 +10.5% $304 +14.2%
Average Total Small Business Bill*
*Comparisons are based on representative 2018 PCIA vintage rate schedules, average customer usage and load profiles and CPA and SCE rates as of January 1, 2025. Individual customer comparisons vary by specific rate schedule and customer usage.
Agenda Page 105
13 Current Total Bill Comparisons – Subset
Rates
Rate Schedule
July 2024 October 2024 January 2025 Recommended Rate Adjustment (Scenario 2)
Lean Clean 100%
Green Lean Clean 100% Green Lean Clean 100% Green Lean Clean 100% Green TOU-GS-3-D 2.3% 3.4% 8.7% 7.9% 9.0% 14.5% 11.9% 13.0% 18.3% 3.0% 3.9% 8.3% TOU-8-D-SEC 2.3% 3.4% 8.8% 8.1% 9.2% 14.8% 11.5% 12.6% 18.1% 2.9% 3.8% 8.3% TOU-PA-2-D 0.3% 1.4% 6.9% 6.4% 7.5% 13.3% 11.0% 12.1% 17.8% 1.6% 2.6% 7.4% TOU-PA-3-D 1.1% 2.2% 7.9% 7.2% 8.4% 14.3% 11.8% 13.0% 18.8% 2.3% 3.3% 8.1% LS-1 19.2% 20.4% 26.7% 23.7% 24.9% 31.3% 27.2% 28.5% 34.8% 18.6% 19.7% 25.1% *Subset Rates include TOU-GS3, TOU-8, TOU-PA-2, TOU-PA-3, and streetlighting rate schedules. Comparisons are based on representative 2018 PCIA vintage rate schedules and average customer usage and load profiles for each specified rate class. Comparisons for interim rate adjustment options are preliminary, based on SCE rates as of January 1, 2025. Individual customer comparisons vary by specific rate schedule, PCIA vintage, and customer usage.
Selected Subset Rate Total Bill Comparisons*
Agenda Page 106
RESO NO. 25-02-079
RESOLUTION NO. 25-02-079
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA
TO APPROVE 2025 INTERIM RATES FOR PHASE 1
THROUGH 6 CUSTOMERS CONSISTENT WITH THE 2025
INTERIM RATES ADJUSTMENT APPROACH (AS SPECIFIED
HEREIN)
THE BOARD OF DIRECTORS OF THE CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:
WHEREAS, the Clean Power Alliance of Southern California (formerly known as Los Angeles Community Choice Energy Authority) (“Clean Power Alliance” or “CPA”) was formed on June 27, 2017;
WHEREAS, on February 1, 2018, CPA commenced with the enrollment of all municipal accounts in unincorporated Los Angeles County. This enrollment of Los Angeles County municipal accounts is referred to as “Phase 1”; WHEREAS, on June 1, 2018, CPA commenced with the enrollment of all non-residential customers in unincorporated Los Angeles County, South Pasadena, and Rolling Hills Estates. This enrollment of the non-residential customers for Los Angeles County, South Pasadena, and Rolling Hills Estates is referred to as “Phase 2”; WHEREAS, on February 1, 2019, CPA commenced the enrollment of all residential customers in CPA’s then current jurisdiction of 31 member agencies. Starting on May 1, 2019, CPA also commenced enrollment of all non-residential customers in CPA’s then current jurisdiction, except for the non-residential customers in Los Angeles County, South Pasadena, and Rolling Hills Estates as these non-residential customers were enrolled in Phase 2. The enrollment of the residential customers of the 31 member agencies is referred to as “Phase 3” and the enrollment of the non-residential customers except those in Los Angeles County, South Pasadena, and Rolling Hills Estates is referred to as “Phase 4”;
WHEREAS, on June 1, 2020, CPA commenced the enrollment of all residential and non-residential customers in Westlake Village. The enrollment of Westlake Village customers is referred to as “Phase 5”;
WHEREAS, on December 7, 2020, the Board approved the Power Share Tariff which would provide a 20 percent discount to eligible customers on their generation and delivery charges and require that Power Share rates be adjusted to maintain the 20 percent discount whenever the otherwise applicable CPA or SCE rates change; and authorized the Chief Executive Officer to change the rates to maintain the 20 percent discount;
Agenda Page 107
RESO NO. 25-02-079
WHEREAS, on March 1, 2024, CPA commenced the enrollment of all residential and non-residential customers in Hermosa Beach, Monrovia, and Santa Paula. The enrollment of Hermosa Beach, Monrovia, and Santa Paula customers is referred to as “Phase 6”;
WHEREAS, CPA’s Board of Directors (“Board”) has adopted and approved rates for Phases 1, 2, 3, 4, 5, and 6, as appropriate, from time to time, since the enrollment of these customers;
WHEREAS, on January 1, 2025, SCE implemented generation, PCIA, and delivery rate changes (“SCE January 2025 Rate Change);
WHEREAS, on January 16, 2025, the Executive Committee was presented with three scenarios for an interim rate adjustment and unanimously reached a consensus for recommending the approach that is presented to the Board herewith:
a. Adjust Phase 1 through Phase 6 rates based on a reserve percentage target of 40-44% and CPA’s projected FY2024-25 cost of service such that for residential and small and medium business customers1 the 100% Green Power rate product targets a 6% total bill premium compared to SCE January 2025 Rate Change , Clean Power targets a 1% total bill premium compared to SCE January 2025 Rate Change, and Lean Power targets a 0% total bill discount compared to SCE January 2025 Rate Change; and
b. Adjust Phase 1 through 6 rates for large commercial, pumping and agriculture, and street and area lighting customer rate classes (“Subset Customers”)2 based on a reserve percentage target of 40-44% and CPA’s projected FY 2024-2025 cost of service.
Subsection a. and b., above, shall be referred to as “2025 Interim Rate Adjustment Approach.”
WHEREAS, on February 6, 2025, the Board received an update on (i) CPA’s current and projected net position, reserves, and financial stability, (ii) the impact of SCE 2025 Rate Change on customer bills and CPA’s competitive position, and (iii) other information supporting a proposed interim rate adjustment; and, WHEREAS, at the February 6, 2025 meeting, the Board received an Executive Committee recommendation to consider an interim rate adjustment that takes into 1 Includes residential and non-residential CARE, FERA, and Medical Baseline customers. Small and medium business customers are on TOU-GS-1, TOU-GS-2, TOU-EV, TC, and WTR rate schedules. In Phase 1 and 2 service areas (Rolling Hills Estates, South Pasadena, and unincorporated Los Angeles County), this also includes TOU-PA, LS, and AL customers.
2 Subset Customers are on TOU-8 and TOU-GS-3 rate schedules in Phase 1 and 2 service areas (Rolling Hills Estates, South Pasadena, and unincorporated Los Angeles County); and TOU-8, TOU-GS-3, TOU-PA, LS, and AL rate schedules for customers in all other areas of CPA’s service territory.
Agenda Page 108
RESO NO. 25-02-079
account CPA’s financial position and the impact of the SCE 2025 Rate Change on customer bills and CPA’s competitiveness with SCE as contained in the 2025 Interim Rate Adjustment Approach.
WHEREAS, the Board finds that the 2025 Interim Rate Adjustment Approach is reasonable and appropriate in order to (i) position CPA to weather potential future market and SCE rate volatility, (ii) make progress toward the Board’s maximum 50% reserve target in FY 2025/26 pursuant to the Board-approved Reserve Policy, and (iii) provide rate relief to customers in advance of CPA’s FY 2025/26 rate setting cycle.
NOW THEREFORE, BE IT DETERMINED, ORDERED, APPROVED, AND
RESOLVED, BY THE BOARD OF DIRECTORS OF THE CLEAN POWER
ALLIANCE OF SOUTHERN CALIFORNIA THAT:
1. The 2025 Interim Rate Adjustment Approach is approved.
2. The 2025 Interim Rate Adjustment Approach shall be applied to rates for Phases 1, 2, 3, 4, 5, and 6 customers effective March 1, 2025.
3. The proposed Phases 1 and 2 rate schedules as presented in Exhibit A, attached hereto, are hereby approved and shall be effective March 1, 2025, until such time as the Board approves and adopts new or different rates.
4. The proposed Phases 1 and 2 CARE rate schedules as presented in Exhibit B, attached hereto, are hereby approved and shall be effective March 1, 2025, until such time as the Board approves and adopts new or different rates.
5. The proposed Phases 3, 4, and 5 rate schedules as presented in Exhibit C, attached hereto, are hereby approved and shall be effective March 1, 2025, until such time as the Board approves and adopts new or different rates.
6. The proposed Phases 3, 4, and 5 CARE, FERA, and Medical Baseline rate schedules as presented in Exhibit D, attached hereto, are hereby approved and shall be effective March 1, 2025, until such time as the Board approves and adopts new or different rates.
7. The proposed Phases 3 and 5 Power Share rate schedules as presented in Exhibit E, attached hereto, are hereby approved and shall be effective March 1, 2025, and the Chief Executive Officer is delegated authority to amend Power Share Rates from time to time, until such time as the Board approves and adopts new or different rates.
8. The proposed Phase 6 rate schedules as presented in Exhibit F, attached hereto, are hereby approved and shall be effective March 1, 2025, until such time as the Board approves and adopts new or different rates.
Agenda Page 109
RESO NO. 25-02-079
9. The proposed Phase 6 CARE, FERA, and Medical Baseline rate schedules as presented in Exhibit G, attached hereto, are hereby approved and shall be effective March 1, 2025, until such time as the Board approves and adopts new or different rates.
APPROVED AND ADOPTED this 6th day of February 2025.
Deborah Klein Lopez, Chair
ATTEST:
Gabriela Monzon, Secretary
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Staff Report – Agenda Item 7
To: Board of Directors
From: Lindsay Descagnia, Vice President, Power Supply
Reviewed By: Matt Langer, Chief Operating Officer
Nancy Whang, General Counsel
Approved By: Ted Bardacke, Chief Executive Officer
Subject: A. Renewable Power Purchase Agreement for Incremental Capacity from Cape Generating Station 2 LLC; and,
B. Amendment No. 1 to Original Power Purchase Agreement with Cape Generating Station 2 LLC
Date: February 6, 2025
RECOMMENDATION
Approve and authorize the Chief Executive Officer to execute the following:
A. A 15-year Renewable Power Purchase Agreement with Cape Generating Station 2 LLC (Incremental Agreement); and,
B. Amendment No. 1 to the original Renewable Power Purchase Agreement between CPA and Cape Generating Station 2 LLC (Amendment to Original Agreement)
BACKGROUND
In June 2021, the CPUC issued its Decision Requiring Procurement to Address Mid-Term Reliability (MTR), which ordered CPA to procure a total of 679 MW of new reliable capacity between 2023-2026. The MTR order included a variety of different types of reliability products to be procured, including a specific amount of “Baseload Renewable Resources,” which provide 24-hour zero-carbon energy generation.
To comply with the MTR procurement order and to secure 24-hour renewable generation, which is valuable for CPA’s construction of a diverse portfolio of resources, CPA solicited Agenda Page 173
Board of Directors Item 7
for eligible projects, including Baseload resources, via Request for Offers (RFO) during the 2021-2024 procurement cycles. As a result of these RFOs, the Board approved Power Purchase Agreements with Cape Station (Original Agreement) and the Dinuba biomass facility in Tulare County. Together, these contracts would have nearly assured CPA’s compliance with the Baseload component of the MTR order. On July 30, 2024, the Dinuba contract was terminated due to the counterparty’s inability to secure financing, leaving CPA with a need to procure additional Baseload resources beginning with the 2024 procurement cycle.
Fervo Energy's Cape Station facility was the only MTR eligible Baseload Renewable Resource identified during the 2024 cycle. As CPA already had a contract in place with Fervo (the Original Agreement), the new proposal (Incremental Agreement) was offered bilaterally, outside of the 2024 Clean Energy and Reliability RFO, but was evaluated as part of the 2024 Clean Energy and Reliability RFO shortlist and valuation process. The proposed Incremental Agreement combined with the Original Agreement signed in 2022 would fulfill CPA's MTR compliance obligation.
On September 17, 2024, a review team consisting of four Board members from the Energy Committee as well as senior staff consisting of the Chief Executive Officer, Chief Operating Officer, and Vice President, Power Supply met to analyze the submitted projects. These review team members evaluated confidential terms and conditions, including pricing, and selected a shortlist of projects to be recommended to the Energy Planning and Resources Committee (Energy Committee). The Cape Station project was included in the shortlist of projects. On September 25, 2024, the Energy Committee reviewed and approved the recommended shortlist, authorizing staff to proceed with power purchase agreement (PPA) negotiations.
In order to facilitate the Incremental Agreement, Fervo Energy (Fervo) requested to renegotiate two components of CPA’s Original Agreement for 33 MW PPA: 1) reduce the expected energy deliveries and adjust the system size from 33 MW to 30 MW and 2) replace the contractual requirement to enter into a Project Labor Agreement (PLA) with Agenda Page 174
Board of Directors Item 7
requirements to pay prevailing wages and use federally-registered apprentices. Fervo stated that for technical reasons related to limitations on the amount of energy the facility can deliver during the summer, the existing expected energy deliveries under the contract were not feasible at the contract size of 33 MW. Meanwhile the expected development of a Utah-based unionized workforce with technical expertise in specific tasks related to geothermal development had not materialized and even faced local opposition, which would jeopardize the ability to meet the Guaranteed Commercial Operation Date (GCOD) timeline under the PPA if the PLA requirement remained.
In an effort to address these issues and obtain the needed incremental MTR volume, CPA negotiated the following terms:
• Reduce the system size of the original project from 33 MW to 30 MW, as well as the total annual guaranteed energy deliveries
• Remove the requirement for a PLA and replaced with a requirement for prevailing wage and the use of federally registered apprentices
• Add a requirement for Fervo to make a $250,000 payment to CPA’s workforce development fund
• Minor changes to update Facility Descriptions, Metering Diagrams, and the Slice-of-Day Resource Adequacy (RA) Framework CPA and Fervo used the provisions from the Original Agreement as a template for the Incremental Agreement. The Incremental Agreement is virtually identical to the Original Agreement with the exception of the following terms:
• Adjustments to accommodate the smaller contract size of 18 MW, including adjustments to the total annual guaranteed energy deliveries • Fervo may terminate the agreement if it is unable to obtain interconnection capacity and transmission rights by 2026
• Increased collateral requirements to match CPA’s current pro forma requirements • A higher price commensurate with current market conditions and a project that was further along in the development cycle.
• CPA has the option to request delivery at an alternative delivery point.
Agenda Page 175
Board of Directors Item 7
The terms in the Amendment to the Original Agreement were negotiated as package with the Incremental Agreement. If the Incremental Agreement is terminated, the Amendment will terminate as well, and the Original Agreement will revert to its original form without any modification. This incentivizes Fervo to push forward on achieving interconnection and construction start for the Incremental Agreement.
Per CPA’s Energy Risk Management Policy, power purchase transactions for new build resources greater than 5 years require approval by the Board, as is the case with the Incremental Agreement. In addition, any amendment to a Board-approved long-term contracts that results in a downgrade of the evaluation criteria upon which a project was approved requires approval by the Board. This is the case with the proposed Amendment to the Original Agreement, due to the change in Workforce Development provisions.
CPA retained Todd Larsen with Clean Energy Counsel to represent CPA and its interests in the negotiation of this agreement. Mr. Larsen’s work was overseen by CPA’s General Counsel.
PROJECT OVERVIEW
Cape Station is a 150 MW new-build geothermal facility with capacity coming online over several phases. The project is located in Milford in Beaver County, Utah, near the Intermountain Power Project substation. The project will consist of a series of subsurface geothermal wells and a zero-emission power generating facility.
Under the Incremental Agreement, CPA would contract for an additional 18 MW of the 150 MW facility. This would be in addition to the 30 MW governed under the Amendment to the Original Agreement, for a total contracted volume of 48 MW. CPA would pay for the output of its 48 MW share at a fixed-price rate per megawatt-hour with no escalation for the full term of the 15-year contract. CPA is entitled to all product attributes from CPA’s share of the facility, including energy and Resource Adequacy.
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Board of Directors Item 7
Developer
Fervo is a commercial entity with an experienced geothermal development team that has delivered more than 2 GW of power generation over the last decade. Fervo is the second largest holder of geothermal acreage in the United States and has a pipeline of over 1 GW of geothermal projects. Fervo has several key commercial and technology partners, including Breakthrough Energy Ventures, which is backed by Bill Gates. It has also received research funding support from the US Department of Energy. Fervo has recently signed PPAs for the development of new geothermal resources with Southern California Edison (SCE), Ava Community Energy, and Google.
Evaluation Criteria
CPA ranks projects for economic value based on the net present value (NPV) to CPA and on a High, Medium, Neutral, and Low scale in five other evaluation criteria categories (Development Score, Workforce Development, Environmental Stewardship, Benefits to Disadvantaged Communities, and Project Location). Below is the ranking assigned to this project in each of those categories.
Incremental Agreement
Value
Along with all the other geothermal technologies offered into the RFO, and projects that meet the MTR Baseload requirements in general, the value for this offer falls within the fourth quartile of offer submissions ranked on value in the 2024 Midterm Reliability RFO, which also included solar, wind, and storage technologies.
Development Score
The project ranks Low as it is in early-stage development. The project has secured full site control through geothermal resource leases and its conditional use permit. The interconnection for the incremental capacity is expected to be secured in Q2 2025, and Fervo has yet to secure all discretionary permits and finalize financing.
Agenda Page 177
Board of Directors Item 7
Workforce Development
The project ranks Medium as construction for the project will be conducted using prevailing wage and will use federally registered apprentices. The developer estimates that CPA’s portion of the Cape Station facility will create up to 284 full-time construction jobs and 7 new local permanent jobs through maintenance and operations.
Environmental Stewardship
The project ranks Neutral as the project is not located within an ecological avoidance area but is located on undisturbed habitat.
Benefits to Disadvantaged Communities
The project ranks Neutral as it is not located within a Disadvantaged Community (DAC) and is not anticipated to provide workforce opportunities or community benefits to DACs within the region.
Project Location
The project ranks Medium as it is located within a federally designated energy community.
Amendment to the Original Agreement
The Amendment to the Original Agreement will positively impact CPA’s evaluation criteria through a small improvement to the Net Present Value as a result of the reduced size and energy deliveries and downgrade the Workforce Development score from high to medium as a result of the removal of the PLA and replacement with an obligation to pay prevailing wage.
RATIONALE
The incremental volume will help CPA meet its procurement mandates under the CPUC’s MTR Decision. The CPUC Decision requires that CPA procure 59 MW of baseload Agenda Page 178
Board of Directors Item 7
renewables1, which is a narrowly defined compliance category that can be met by just a few technologies, principally geothermal and biomass. The 18 MW from the new Cape Station PPA will allow CPA to meet the 59 MW procurement requirement. Additionally, the 24-hour renewable baseload energy deliveries will complement CPA’s existing portfolio and provide energy in hours where solar and wind facilities have low or no production. These projects will contribute to California’s overall grid reliability needs and will enable CPA to serve more customers with high levels of renewable energy during more hours of the day.
ENVIRONMENTAL REVIEW
The Incremental Agreement is subject to NEPA as all phases of this project are being developed in the State of Utah, which does not have a CEQA-like environmental review process. The lead agency for the NEPA review is the Bureau of Land Management. The discretionary permits for the drilling of the wells and construction of the power station will be issued by the Utah Division of Water Rights and other Utah state or regional authorities. These permits are pending approval by these authorities. The Amendment will not require any additional NEPA review than what was conducted in the original construction. CPA has no role, jurisdiction, or authority whatsoever with respect to NEPA review or project approval. This project is not subject to CEQA as it is located in the State of Utah.
ATTACHMENTS2
1. Presentation - Cape Station Renewable Power Purchase Agreement and Amendment No. 1
2. Renewable Power Purchase Agreement with Cape Generating Station 2 LLC (Incremental Agreement) (Redacted)
3. Amendment No. 1 to the Renewable Power Purchase Agreement with Cape Generating Station 2 LLC
1 In the Decision, this category is defined as “generation capacity that has no on-site emissions or is eligible under the requirements of the Renewables Portfolio Standard program, and has at least an 80 percent capacity factor. The resource must not be use limited or weather dependent. No storage projects shall qualify under this provision.” 2 Consistent with industry practice, portions of the agreements have been redacted to protect market sensitive information.
Agenda Page 179
Cape Station Geothermal
Incremental Power Purchase
Agreement (PPA) and
Amendment to Original PPA
February 6, 2025
Agenda Page 180
On September 25, 2024, the Energy Committee approved the 2024 Clean Energy and Reliability Request for Offers (RFO) shortlist of 6 projects and waitlist of 6 projects which included a bilateral geothermal proposal from Fervo Energy.
Staff has concluded negotiations for a Power Purchase Agreement for 18 MW of incremental geothermal capacity and energy at Fervo Energy’s Cape Station facility (Incremental Agreement).
As part of the agreement CPA has agreed to amend certain provisions of its original 33 MW Power Purchase Agreement with Fervo Energy for the Cape Station facility (Amendment to Original Agreement).
The 18 MW of incremental capacity will allow CPA meet its Mid-Term Reliability (MTR) compliance obligation for baseload renewable energy and provide additional renewable energy deliveries in hours where wind and solar resources do not produce.
Staff is requesting the Board approve and authorize the Chief Executive Officer to execute these two Agreements.
2 Executive Summary
Agenda Page 181
Project Agreement
Type Technology Capacity Contract Start Date
Contract
Length Process
Cape Station
(Incremental)
Power
Purchase
Agreement
Geothermal 18 MW 6/1/2028 15 years Bilateral Offer
Cape Station
(Amendment
to Original)
Power
Purchase
Agreement
Geothermal 30 MW* 6/1/2028 15 years
2021 Clean
Energy &
Reliability RFO
Action Requested
3 Approve and authorize the Chief Executive Officer to execute a 15- year Power Purchase Agreement with Fervo Energy at Cape Station and an amendment to CPA’s original 15-year Power Purchase Agreement with Fervo Energy at Cape Station
*The amendment will reduce the size in CPA’s original agreement from 33 MW to 30 MW Agenda Page 182
Availability of New Build Baseload Renewables
In June 2021, the CPUC issued its Decision Requiring Procurement to Address Mid-Term Reliability (MTR Decision), which ordered CPA to procure a total of 679 MW of new reliable capacity between 2023-2026* which included 59 MWs of baseload renewables (geothermal, biomass) capacity To comply with the procurement order, CPA solicited for eligible projects via RFOs during the 2021- 2024 procurement cycles
Opportunities for new geothermal resources are limited due to resource-dependent siting potential (mostly outside of CAISO or out of state) and lack of transmission capacity into CAISO Given the CPUC’s recent Slice of Day Resource Adequacy program reform, baseload renewable resources like Cape Station have become highly valuable for RA CPA has been nearly compliant with its MTR obligation until 2024, when CPA’s contract with the Dinuba biomass facility was terminated
Cape Station has been the only resource staff has been able to locate to close its MTR baseload renewables compliance obligation
4 * In subsequent decisions, the CPUC allowed LSEs to request extensions to bring baseload renewables and long-duration storage technologies online by 2030 because these technologies are considered long-lead time resources.
Agenda Page 183
5 CPA’s MTR Procurement Need
With the execution of the Cape Station Incremental Agreement and Amendment to the Original Agreement, CPA will have met its MTR compliance obligation General and Long Duration Storage 6/1/2027 6/1/2028
CPA Procurement Need – General (4-Hr Storage) 863
CPA's Eligible Executed Contracts to Date 1,359
Compliance Long / (Short) 496
CPA Procurement Need – Long-Duration Storage 59
CPA's Eligible Executed Contracts to Date 63
Compliance Long / (Short) 4
Baseload Renewables 6/1/2028
CPA Procurement Need – Baseload Renewables 59
Compliance Long / (Short) Position Before Dinuba Termination (0.1) Compliance Long / (Short) Position After Dinuba Termination (11.6) Compliance Long / (Short) Position After Cape Station Incremental and Amendment 2.3 Agenda Page 184
Cape Station - Incremental
18 MW Geothermal Energy Project
Allows CPA to request alternative delivery location for increased cost
Products: Resource Adequacy and renewable energy
Location: Beaver County, Utah
New build project with June 1, 2028 online date
Developer: Fervo Energy
Term: 15 years
Rationale
MTR Compliant – will fill remaining open requirement for baseload resources
24 X 7 energy and RA delivery profile
Project Overview
6 Criteria Rank
Value 4th Quartile
Development Score Low
Workforce
Development Medium
Environmental
Stewardship Neutral
Benefits to DACs Neutral
Project Location Medium
Evaluation Summary
Agenda Page 185
Amendment No. 1 to the Original PPA
The terms in the Amendment were negotiated as part of a transaction to secure the incremental MTR eligible capacity from the Cape Station project
The Amendment is tied directly to the Incremental Agreement. If the Incremental Agreement is terminated, this amendment shall terminate as well, and the Original Agreement will revert without any modification
Fervo’s motivation for entering into negotiations for the Amendment had two components:
• Account for technical limitations on the amount of energy the facility can deliver during the summer • Address the difficulty of entering into a Project Labor Agreement (PLA) due to a lack of qualified union labor in Southwest Utah, which jeopardizes the ability of the project to meet the Guaranteed Commercial Operation Date In an effort to address these issues and obtain needed incremental MTR volume, CPA negotiated the following terms:
• Reduced the contract capacity and total annual guaranteed energy volume • Removed the requirement for a PLA and replaced with a requirement to pay prevailing wages and use federally registered apprentices
• Added a requirement for seller to make a $250,000 payment to CPA’s workforce development fund • Minor changes to contract provisions to modernize the agreement and accommodate CPUC’s Slice of Day RA Framework
Agenda Page 186
7 Summary
The Amendment and the Incremental Agreement will help CPA achieve the MTR baseload renewable compliance obligation
Action Requested:
1) CPA is seeking Board approval for Amendment No. 1 to the Original Cape Station Renewable Power Purchase Agreement
2) CPA is seeking Board approval for the 18 MW Cape Station long-term renewable energy contract
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Staff Report – Agenda Item 8
To: Board of Directors
From: Dr. Monique Edwards-Greer, Chief Administrative Officer Reviewed by: Nancy Whang, General Counsel
Approved by: Ted Bardacke, Chief Executive Officer
Subject: CPA Salary Grades, Benefits, Employee Handbook Updates and General Counsel Employment Contract Amendment
Date: February 6, 2025
RECOMMENDATION
a. Approve Salary Grades for CPA Employees, as contained in Attachment 2 b. Adopt Resolution No. 25-02-080 (Attachment 3) approving the updates to CPA’s Employee Handbook as contained in Attachment 4
c. Approve amendment of General Counsel Employment Contract (Attachment 5) extending the length of the contract by 1.5 years to June 30, 2028, at a base salary of $469,864 effective February 16, 2025, commensurate with CPA staff at the same salary grade as the General Counsel.
At its November 21 meeting, the Executive Committee unanimously recommended that the Board approve a 3.5% increase to and a slight redesign of CPA’s Salary Grades, the addition of limited Caregiver Leave to CPA’s benefits package, and administrative and legally required updates to CPA’s Employee Handbook. This item was scheduled for the December 5 Board meeting, but due to time constraints, the Board was unable to consider the item.
At its December 12 meeting, the Executive Committee conducted the General Counsel’s annual performance review. At this meeting, the Executive Committee unanimously supported amending and extending the General Counsel’s contract, including a salary Agenda Page 315
Board of Directors Item 8
adjustment to align the General Counsel’s salary with those currently received by CPA’s CAO, CFO, and COO, and changes to the timing of the General Counsel’s annual performance review and resulting salary adjustments, if any.
At its January 16 meeting, the Executive Committee reviewed and consented to a small upward change to the recommended Salary Grade revisions, from the 3.5% on the Board Agenda in December to the current 3.7% recommendation. This 0.2 percentage point increase is due to actual inflation in November coming in at 0.2 percentage points higher than originally forecast in the recommended December Board item.
BACKGROUND
CPA is the fourth largest energy provider in California, delivering high levels of renewable energy and impactful programs at competitive rates by managing over $1.4 billion in annual revenue, market risk in an energy industry that is rapidly changing and subject to a complex political and regulatory environment, and billions of rows of data in numerous large datasets generated in 15-minute intervals by over one million customer accounts. It does this with a relatively small staff of specialized professionals; staffing costs in the current year, including benefits, are budgeted to be approximately 1.5% of total revenue.
CPA does not carry any long-term pension or defined-benefit retirement obligations.
To attract and retain staff, CPA mostly competes with the private sector. CPA has made significant progress in retaining and recruiting high-performing staff, even in the face of stiff labor market competition from the renewable energy industry, other CCAs, and the private sector. Over the past year, CPA has had a 4% turnover rate, compared to an approximate 15% turnover rate in the energy industry in general. Meanwhile, CPA has 87 allocated positions and 5 vacancies, a vacancy rate of approximately 6%. CPA has experienced only 3 voluntary departures over the past two years and no turnover in its Executive and Senior Leadership during that time.
Staff attributes this success to the support received from the Board to pay competitive salaries and benefits, approval of the Executive/Management Retention Incentive Agenda Page 316
Board of Directors Item 8
program in mid-2023, the automatic awarding of a Cost of Living Adjustment1, and the development of a collaborative work culture as evidenced by CPA being certified as a “Great Place to Work” earlier this year.
Bi-annual salary grade and benefit studies have been integral to this process of staying competitive. CPA’s salary grades and benefits were last comprehensively reviewed and updated in December 2022. The process to adjust salary grades includes:
1. A Board-approved adjustment in even years to ensure market alignment, using benchmarking data from the bi-annual full market study. This even year adjustment also includes the approximate magnitude of the forthcoming COLA.
2. An administrative adjustment of salary grades in odd years (when a full market study is not performed) to account only for COLA.
As 2024 was an “even year”, CPA re-engaged HR/Compensation consultant Mercer to assist with the 2024 salary and benefits benchmarking study and to develop strategies to ensure CPA’s salaries and benefits remain competitive. The study methodology was very similar to the one that took place in 2022, the last “even year.”2
SALARY BENCHMARKING RESULTS
CPA’s compensation philosophy is to be in the 3rd Quartile of base salary and total cash compensation across the organization as measured against four different market sectors (CCAs, general industry, utilities/energy, and large-revenue public sector organizations).
The following three charts summarize the findings of the 2024 benchmarking study.
Broadly they show that CPA’s overall positioning for all positions is generally within this 1 The annual COLA amount is budgeted for in the Board-approved annual budget and is based on the Consumer Price Index, Los Angeles 12-month value published by the Bureau of Labor Statistics for November and is effective January 1.
2 In 2022, CPA contracted with Mercer and 3 other CCA’s to establish job architecture, do compensation and benefits benchmarking, and establish Salary Grades. The salary and benefits benchmarking study examined the competitiveness of CPA’s compensation and benefits against a range of industries and public sector entities. The focus of the study was on CPA’s competitive positioning in the areas of base salary, total cash compensation (TCC), and benefits. Compensation data was utilized from industry areas where CPA competes for talent and employee retention. For the benefits portion of the study, a value comparison of all benefits was conducted. Results of this engagement were presented to the CPA Board of Directors in December of 2022 in conjunction with Board approval of 2022 Salary Grades.
Agenda Page 317
Board of Directors Item 8
3rd Quartile. However, this positioning becomes more differentiated when senior executive positions (6 positions) are broken out.
Agenda Page 318
Board of Directors Item 8
PROPOSED 2025 SALARY GRADES
To align CPA salary grades for market competitiveness, Mercer’s study proposed the 2025 Salary Grades. The study proposes that CPA’s salary grades be updated modestly to incorporate the COLA amount of 3.2% and a 0.5% market adjustment factor that was calculated by comparing CPA salaries to Mercer’s extensive salary database, for a total of 3.7% adjustment. The recommended updates to the salary grades would not require salary adjustments for any staff. The current and proposed salary grades are below.
Agenda Page 319
Board of Directors Item 8
BENEFITS UPDATES AND REVISIONS TO EMPLOYEE HANDBOOK
Benefits offered by CPA are delineated in CPA’s Employee Handbook, which also outlines a number of rights and responsibilities, administrative requirements, and organizational procedures that govern an employee’s relationship with CPA. This year, updates and revisions to the Employee Handbook are being proposed for two primary purposes:
1. To propose offering caregiver leave benefits for employees that must care for parents or stepparents, and;
2. To incorporate legal and administrative updates, including items that ensure compliance with current laws and laws effective January 1, 2025, and to clarify or clean up certain administrative procedures.
Caregiver Leave
Mercer’s benefits benchmarking study indicated that overall CPA’s overall benefits package remains competitive. The Benchmarking study also indicated a rising prevalence of employers who now offer Caregiver Leave benefits. Staff brought this idea forward to the Executive Committee for discussion and the Executive Committee supported adding this type of leave to the benefits package subject to some key limitations regarding eligibility and administration.
Agenda Page 320
Board of Directors Item 8
Key highlights of a newly proposed CPA’s Caregiver Leave benefit for employees who must care for their parents or stepparents:
• Providing up to 6 weeks of fully paid Caregiver Leave annually (with certification of health care provider) with a total cap of 12 weeks throughout the employee’s employment with CPA.
• To be eligible, an employee must have worked at CPA for at least one (1) calendar year.
• Benefit is available to care for parents or stepparents only. • Employees will not be required to apply for State Disability and/or Paid Family Leave (“PFL”) wage replacement benefits during an employee’s leave to access CPA benefits.
• Employees may apply for PFL benefits after the initial 6 weeks and take unpaid leave or use available sick or vacation leave to cover the difference between PFL benefits and their full salary.
Compliance with Current/Future Legal Requirements and Administrative Clarifications Key proposed changes in this category include:
• Language modifications to minimize NLRA concerns while balancing operational issues, context and language itself, based on current and past NLRB guidance • Language modifications to comply with California or other legal requirements • Updates to and reorganization of various definitions
• Inclusion of language to include any other applicable state or local law since CPA allows remote work
• Clarifying varying decision-making/appeal/reporting processes to designate staff other than the CEO when appropriate (e.g., Director, Human Resources, Chief Administrative Officer)
• Modification of language for legally required meal and rest periods • Modifications to reflect recent amendments to the California Family Rights Act (CFRA) and to highlight distinctions between CFRA and FMLA • Inclusion of required and recommended language in the lactation break section • Modification of minimum increments for sick leave
• Clarification of time off for witness leave
Agenda Page 321
Board of Directors Item 8
• Replaced Domestic Violence/Sexual Assault/Serious or Violent Crime Leave section with updated Leave for Qualifying Acts of Violence section to comply with requirements effective January 1, 2025
On November 21, the Executive Committee unanimously recommended that the Board Adopt Salary Grades for CPA Employees (as specified in Attachment 2) and to adopt the updates to CPA’s Employee Handbook provided that eligibility for Caregiver Leave include a requirement that an employee be employed with CPA for at least 12-months prior.
GENERAL COUNSEL EMPLOYMENT CONTRACT AMENDMENT
On December 12, 2024, the General Counsel’s annual performance review was conducted. As a result of discussions during the annual performance review, the Executive Committee unanimously supported an amendment to the General Counsel’s contract. The proposed contract amendment extends the contract expiration date by 1.5 years to June 30, 2028 and increases the General Counsel’s salary from the current $439,125 to $469,864 effective February 15, 2025 in order to match the current salaries of CPA’s Chief Administrative Officer, Chief Financial Officer, and Chief Operating Officer. The proposed amendment also adjusts the timing of the General Counsel’s annual performance review to match the timing of CPA’s fiscal year and annual performance review cycle, and includes a provision to allow the General Counsel’s salary to be adjusted and reported to the Board annually to match the median salary of those CPA employees in Salary Grade 116 (e.g. the CAO, CFO, and COO) unless the Executive Committee deems a different salary adjustment is warranted.
The General Counsel’s contract amendment was reviewed by Burke, Williams, and Sorenson, a firm that advises CPA on public contracting and employment matters.
FISCAL IMPACT
The proposed changes to salary grades do not impact any particular employee’s current salary and therefore has no fiscal impact in the current budget year. Given the limited Agenda Page 322
Board of Directors Item 8
nature of the proposed salary grade adjustments, the fiscal impact in future years is likely to be minimal. CPA is currently more than $1 million under budget for staffing in FY2024/25 and therefore can accommodate the proposed increase to the General Counsel’s salary within the Board-approved FY 2024/25 budget.
ATTACHMENTS
1. Presentation on Salary Grades, Benefits, Employee Handbook Updates
2. Proposed 2025 Salary Grades for CPA Employees
3. Resolution No. 25-02-080 Approving Modifications to CPA’s Employee Handbook and Benefits
4. Proposed 2025 Employee Handbook (Color Coded)3
5. Amendment No. 2 to General Counsel Employment Contract 3 Blue text represents updates that are legally required or recommended by legal counsel. Orange text represents administrative edits or benefits updates.
Agenda Page 323
Salary Grades/Benefits/Employee Handbook
Updates/General Counsel Contract Amendment
February 6, 2025
Agenda Page 324
Summary and Action Requested
2 Approve 2025 Salary Grades for CPA Employees (Attachment 2) Adopt Resolution No. 25-02-080 approving the updates to CPA’s Employee Handbook (Attachments 3 & 4)
Approve amendment of General Counsel Employment Contract extending the length of the contract by 1.5 years to June 30, 2028, at a base salary of $469,864 commensurate with CPA staff at the same Salary Grade (Attachment 5)
CPA conducts a bi-annual compensation and benefits benchmarking study to assess ways to continue to retain, motivate, and recruit a high-performing staff This year’s study, including inflation, suggests a 3.7% increase to Salary Grades. This proposed increase has no immediate impact on any individual employee’s salary This year’s study suggests that CPA’s benefits package is competitive and needs no major modification. The Executive Committee endorsed adding limited Caregiver Leave benefits, which is growing in prominence in benefit packages
This new benefit is one part of the proposed update to CPA’s Employee Handbook, which otherwise is mostly administrative in nature
In December, the Executive Committee conducted the annual performance review of the CEO and General Counsel and supported a contract amendment/extension for the General Counsel with an increase to base salary to maintain parity with CPA staff in the same Salary Grade Agenda Page 325
Context
CPA has made significant progress in retaining and recruiting a high-performing staff, even in the face of stiff labor market competition from the renewable energy industry, CCAs, and the private sector.
Vacancy and turnover rates have fallen into the single digits and in mid 2024 CPA was certified as a “Great Place to Work”.
Bi-annual salary grade and benefit reviews/updates have been integral to this success, as was the Executive/Management Retention Incentive program approved by the Board in concept in late 2022 and finalized in mid 2023.
CPA re-engaged HR/Compensation consultant Mercer to assist with the 2024 salary and benefits benchmarking study and to develop strategies to ensure CPAs salaries and benefits remain competitive.
CPA’s compensation philosophy is to be in the 3rd Quartile of base salary and total cash compensation across the organization as measured against four different market sectors (CCAs, general industry, utilities/energy, and large-revenue public sector organizations).
Mercer’s benchmarking study shows CPA’s overall positioning for all positions is generally 3rd Quartile.
This positioning becomes more differentiated if senior executive positions (6 positions) are broken out.
CPA remains competitive in benefits benchmarking and received Executive Committee input on the addition of Caregiver Leave for the growing number of employees with aging parents.
As the only employee aside from the CEO with a direct contract with the Board, the General Counsel’s salary has fallen behind that of her peer group, who’s salaries are adjusted administratively Agenda Page 326
CPA Total Cash
CPA Base Salary Overall Positioning Summary by Market Key: Perspective for All Positions vs. CCAs
25th %ile
50th %ile
75th %ile
Max
Min
vs. CCAs vs. General Industry vs. Utilities/Energy vs. Public Sector Agenda Page 327
CPA Total Cash
CPA Base Salary Overall Positioning Summary by Market Key: Perspective for Senior Executives Only vs. CCAs
25th %ile
50th %ile
75th %ile
Max
Min
vs. CCAs vs. General Industry vs. Utilities/Energy vs. Public Sector Agenda Page 328
CPA Total Cash
CPA Base Salary Overall Positioning Summary by Market Key: Perspective Excluding Senior Executives vs. CCAs
25th %ile
50th %ile
75th %ile
Max
Min
vs. CCAs vs. General Industry vs. Utilities/Energy vs. Public Sector Agenda Page 329
Salary Grades Adjustment Process – Odd Years
“Odd Year” Process
• In odd years, when a full market study is not performed, a COLA is included in the staffing budget presented to the Board for approval in June. During the budget process, CPA staff forecasts an estimated amount for budget consideration utilizing the Consumer Price Index, Los Angeles 12-month values.
• The actual amount each annual COLA is based on the Consumer Price Index, Los Angeles 12-month value published for November.
• Once the COLA value is known, salary grades are adjusted accordingly and administratively. • For example, in November 2023, the Consumer Price Index, Los Angeles 12-month value for November was 2.8% so all salary grades were adjusted by 2.8%. • The annual adjustment of the salary grades became effective January 1, 2024. • These administrative adjustments keep CPA salary grades aligned with COLA.
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Salary Grades Adjustment Process – Even Years
Bi-annual “Even Year” Process
• In even years, a full salary study is performed, assessing market data for four different market sectors (CCAs, general industry, utilities/energy, and large-revenue public sector organizations). • Utilizing this market data, Mercer recommends a salary range adjustment to integrate market alignment and the approximate magnitude of the forthcoming COLA. • This information is incorporated into proposed salary grades adjustments to be effective January 1 of the following year and is presented to the Board for approval. • The amount of each adjustment presented for consideration can vary. • This year the projected salary grade adjustment to maintain market alignment and the projected COLA is very close, within 1%, reflecting CPA’s overall market positioning and competitiveness. • By comparison, in 2022, the overall approved salary grade adjustment was 9%, 3% of which was for a market adjustment and 6% of which was for the inflation-based COLA.
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Salary Grade Structure
As recommended by Mercer, salary ranges should be adjusted by 3.7% to keep pace with market and light design updates should be made (broader range spreads and modify midpoint differentials) Range movement would integrate market alignment and partially account for expected inflation and upcoming COLA adjustments
With the recommended updates to the salary grades, employees would remain at similar position in range without needs for salary adjustments. This change has no immediate fiscal impact CPA Pay ratio: Highest paid employee to lowest paid employee is 4.6 on cash basis and 5.4 on TCC basis.
Best practice (benchmarked against B-Corps) is that TCC pay ratio should not exceed 7.0 2024 Salary Structure
Grade Minimum Midpoint Maximum
Midpoint
Progression
Range
Spread
116 $315,192 $425,509 $535,825 25% 70%
115 $252,150 $340,407 $428,654 32% 70%
114 $205,722 $257,152 $321,440 18% 56%
113 $174,341 $217,927 $272,409 18% 56%
112 $153,885 $184,663 $221,595 15% 44%
111 $133,814 $160,576 $192,690 15% 44%
110 $116,359 $139,630 $167,558 15% 44%
109 $101,182 $121,418 $145,702 15% 44%
108 $87,983 $105,582 $126,698 15% 44%
107 $76,508 $91,810 $110,172 15% 44%
106 $66,528 $79,834 $95,801 44%
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Benefits Updates
Mercer’s benefits benchmarking study indicated that overall CPA’s overall benefits package remains competitive. The Benchmarking study also indicated a rising prevalence of employers who now offer Caregiver Leave benefits. Staff brought this idea forward to the Executive Committee for discussion and the Executive Committee supported adding this type of leave to the benefits package subject to some key limitations regarding eligibility and administration, such as an eligibility requirement of at least one (1) calendar year of employment with CPA.
Key highlights of a newly proposed CPA’s Caregiver Leave benefit for employees are:
• Providing up to 6 weeks of fully paid Caregiver Leave annually (with certification of health care provider) with a total cap of 12 weeks throughout the employee’s employment with CPA • To be eligible, employee must have worked at CPA for at least one (1) calendar year. • Benefit is available to care for parents or stepparents only. • Employees will not be required to apply for State Disability and/or Paid Family Leave (“PFL”) wage replacement benefits during an employee’s leave to access CPA benefits. • Employees may apply for PFL benefits after the initial 6 weeks and take unpaid leave or use available sick or vacation leave to cover the difference between PFL benefits and their full salary.
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Employee Handbook Updates
With the exception of the proposed addition of Caregiver Leave, the primary updates to the employee handbook are legally required updates to comply with current and future legal requirements and administrative clarifications. Examples of key proposed changes in this category include:
• Language modifications to comply with California or other legal requirements including modifications to reflect recent amendments to the California Family Rights Act (CFRA) and to highlight distinctions between CFRA and Family Medical Leave Act (FMLA)
• Replaced Domestic Violence/Sexual Assault/Serious or Violent Crime Leave section with updated Leave for Qualifying Acts of Violence section to comply with requirements effective January 1, 2025 • Inclusion of language to include any other applicable state or local law since CPA allows remote work • Clarifying varying decision-making/appeal/reporting processes to designate staff other than the CEO when appropriate (e.g., Director, Human Resources, Chief Administrative Officer) • Modification of language for legally required meal and rest periods • Modification of minimum increments for sick leave
• Updates to and reorganization of various definitions
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Recommendations
Executive Committee met on November 21 and December 12 and provided direction to bring the following recommendations to the Board for consideration
1. Approve Salary Grades to accommodate labor market changes, inflation, and maintain CPA’s competitiveness
2. Approve the updates to CPA’s Employee Handbook to include proposed benefits related to caregiver leave and to comply with current and future legal requirements and administrative clarifications
3. Approve amendment to the General Counsel’s employment contract to extend the term, increase the salary to match the salaries of CPA’s C-Suite (CAO, CFO, and COO), add a provision to allow for future salary adjustment, and change the timing of future performance reviews to align with CPA’s fiscal year and overall annual performance review cycle.
Fiscal Impact
1. The changes to salary grades do not impact any particular employee’s current salary and therefore have no fiscal impact in the current budget year. Given the limited nature of the proposed salary grade adjustments, the fiscal impact in future years is likely to be minimal. CPA is currently more than $1 million under budget for staffing in FY2024/25 and therefore can accommodate the proposed increase to the General Counsel’s salary within the Board-approved FY 2024/25 budget.
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ATTACHMENT 2
Agenda Page 336
RESO NO. 25-02-080
RESOLUTION NO. 25-02-080
RESOLUTION OF THE BOARD OF DIRECTORS OF CLEAN
POWER ALLIANCE OF SOUTHERN CALIFORNIA TO
APPROVE MODIFICATIONS TO THE CPA EMPLOYEE
HANDBOOK
THE BOARD OF DIRECTORS OF CLEAN POWER ALLIANCE OF
SOUTHERN CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
WHEREAS, Clean Power Alliance of Southern California (formerly known as Los Angeles Community Choice Energy Authority) (“Clean Power Alliance” or “CPA”) was formed on June 27, 2017;
WHEREAS, on August 16, 2018, the Board of Directors (“Board”) adopted and approved Resolution 18-012 approving the original version of the Employee Handbook, on September 5, 2019 and adopted and approved Resolutions 19-09-017 and 22-12- 045 approving revisions to the Employee Handbook;
WHEREAS, the Employee Handbook is one representation of CPA’s desire to be a leader in fair and equitable treatment of employees, to foster an open, collaborative, and dynamic working environment, and to recognize the valuable resources that CPA staff represent;
WHEREAS, the Employee Handbook serves as a guide and provides information about working conditions, benefits, practices, and other policies regarding employment with CPA. The Employee Handbook does not cover all issues regarding employment, and is not intended to be a binding contract; WHEREAS, the Board intends and desires to have the Employee Handbook reviewed from time to time and to supplement, amend, or rescind any policies or portion of the Employee Handbook as is necessary or beneficial to CPA; WHEREAS, a revision of the Employee Handbook is now necessary and beneficial to reflect CPA’s current and anticipated operational situation; and, WHEREAS, the revised Employee Handbook has been presented to the Board and attached to the February 6, 2025 Board Agenda.
NOW, THEREFORE, BE IT DETERMINED, AFFIRMED, AND ORDERED BY
THE BOARD OF DIRECTORS OF THE CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA that the revised Employee Handbook, which is attached hereto as Exhibit A, is hereby approved effective February 6, 2025, and a copy will be distributed to each CPA employee and any future employees upon hire.
IT IS FURTHER DETERMINED, AFFIRMED, AND ORDERED that any and all acts authorized pursuant to this Resolution and performed prior to the passage of this Resolution are hereby ratified and approved; and
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RESO NO. 25-02-080
IT IS FURTHER DETERMINED, AFFIRMED, AND ORDERED that this Resolution shall be continuing and remain in full force and effect.
APPROVED AND ADOPTED this 6th day of February 2025.
Deborah Klein Lopez, Chair
ATTEST:
Gabriela Monzon, Secretary
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CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA
EMPLOYEE HANDBOOK
December 2024
Blue text represents updates that are legally required or recommended by legal counsel.
Orange text represents administrative edits or benefits updates.
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Welcome to Clean Power Alliance of Southern California
Dear CPA Employee:
Congratulations on your employment with Clean Power Alliance of Southern California (CPA)! We at CPA share great pride and passion in our work, and we’re glad you’re joining us to help advance our mission for the benefit of our customers, our environment, and our communities.
As an employee of CPA, you are our most valuable resource. With your talent and abilities, as well as those of the rest of our team, we plan to continue fostering an open, cooperative, and dynamic environment. It is our hope that you find CPA a rewarding place to work.
Information regarding the procedures, practices, policies, and benefits of CPA are contained within this handbook and we encourage you to review carefully and become familiar with them. CPA’s policies may change from time to time, and employees are expected to comply with the most current provisions.
If you would like further information or have questions about any of the information outlined in this handbook, please feel free to reach out to People & Culture to discuss.
On behalf of CPA Board of Directors and staff, I extend a warm welcome to our team!
Sincerely,
Ted Bardacke
Chief Executive Officer
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About This Handbook
This Handbook supersedes any prior versions of handbooks. If it contains policies or procedures that are inconsistent with other statements of policy or procedure, those in the Handbook will govern unless expressly stated otherwise or as otherwise provided by applicable law. The Handbook is not all-inclusive but is intended to provide general information to assist you in the performance of your duties. It is intended to comply with all applicable federal, state, and local laws, which may change from time to time. If any provision of the Handbook conflicts with such laws, CPA will follow applicable law.
CPA may revise, interpret, delete, or add to any policies, procedures, work rules or benefits stated in this Handbook or in any other document at any time, in its sole discretion (other than the at-will policy specified herein), unless otherwise restricted by applicable law. As such, the policies (other than the at-will policy specified herein), procedures and benefits summarized in the Handbook will be reviewed and revised from time to time. If the Handbook does not address a particular policy or procedure, CPA reserves the right to modify the Handbook in the future or provide separate policies and procedures. Written changes to this Handbook will be distributed or posted after they are made. Your input is important to us, and we encourage you to discuss any thoughts or questions about the Handbook with Human Resources.
This Handbook contains only guidelines and does not create, and may not be used as evidence of, a contract, bargain, agreement, or guarantee of employment for any definite length of time or as a guarantee or contract for any benefits or working conditions. Rather, all employees are at-will, meaning the employee or CPA may terminate the employment relationship at any time, with or without cause or prior notice, unless a written agreement signed by the Chief Executive Officer provides otherwise. Please note CPA also may change the terms and conditions of your employment at any time (other than the at-will policy specified herein), with or without cause and with or without prior notice, all in accordance with applicable law.
This notice applies to all employees regardless of date of hire.
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TABLE OF CONTENTS
Section 1: Background Page 5
Section 2: Introduction & General Provisions Page 5
Section 3: Employment Status Page 13
Section 4: Employment Policies & Procedures Page 16
Section 5: Office Hours & Timekeeping Page 22
Section 6: Leave Page 26
Section 7: Employment Records Page 47
Section 8: General Workplace Rules Page 50
Section 9: License, Memberships, Training & Conferences Page 53 Section 10: Pay Page 54
Section 11: Employee Conduct Page 56
Section 12: Employee Benefits Page 60
Section 13: Layoff / Separation from Employment Page 61 Section 14: Salary Disclosure Page 63
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SECTION 1: CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA
BACKGROUND
The Clean Power Alliance of Southern California (“CPA”) was formed in 2017 as a Joint Powers Authority (JPA), administering a Community Choice Aggregation (“CCA”) in Southern California. CPA is governed by the Board of Directors (“Board”) with voting membership consisting of elected officials, and their alternates, from the member agencies who make up the JPA.
A CCA, authorized in California under AB 117 and SB 790, allows local governments, including counties and cities, to purchase wholesale power supplies for resale to their residents and businesses as an alternative to electricity provided by an Investor Owned Utility, which for CPA members is Southern California Edison (“SCE”). Electricity procured to serve customers continues to be delivered over SCE’s transmission and distribution system.
CPA exists to serve residential and non-residential customers located within its member communities. CPA’s specific objectives are to provide its customers with a reliable supply of electricity, at competitive electric rates, sourced from a generation portfolio with lower greenhouse gas emissions and higher renewable content than the incumbent utility.
SECTION 2: INTRODUCTION & GENERAL PROVISIONS
A. Introduction. This Employee Handbook (“Handbook”) is intended to serve as a guide to many questions employees may have about their employment with CPA. It is not intended to cover all issues regarding employment, and it is not intended to be a binding contract.
B. At-Will Employment. CPA employees are employed on an at-will basis. Employment at-will means that the employment relationship may be Terminated with or without cause and with or without advance notice at any time by the employee or CPA. Nothing in this Handbook shall limit the right to Terminate at-will employment. No person at CPA has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment other than at-will terms except for the Chief Executive Officer of CPA. Any such agreement shall only be binding if it is in writing and signed by the Chief Executive Officer.
C. Applicability to Employees with Separate Agreements. Except where there is an express conflict in terms, the provisions of this Handbook shall apply to each employee who holds a separate employment agreement with CPA. In the event of such a conflict in terms, the terms of the separate employment agreement will control.
D. Employee Responsibility. This Handbook is designed to acquaint employees with CPA and provide information about working conditions, employee benefits, and other employment policies. Employees are required to read, understand, and comply with all provisions of this Handbook.
E. Amendment and Revision of Handbook. No employee handbook can anticipate every circumstance or question about policy. The need may arise, and CPA reserves the right to revise, supplement, or rescind any policies or portion of the Handbook from time to time as it deems appropriate, in its sole and absolute discretion. Employees will be notified of changes to the Handbook as they occur. The only recognized revisions of these policies are Agenda Page 343
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those that are issued in writing by the Chief Executive Officer and if revisions are material or non-administrative, with approval of the Board as appropriate.
F. Distribution of Handbook. A copy of this Handbook will be distributed to each CPA employee. Newly hired employees will receive a copy upon hire. An employee with questions about provisions in this Handbook may direct them to the Director, People & Culture.
G. Prior Policies. The terms and provisions of this Handbook adopted on February 6, 2025 by Resolution of the Board supersedes the prior Handbook adopted on December 1, 2022 by Resolution. However, in no event shall this Handbook supersede any other prior resolution, policy, rule or regulation that has been adopted by CPA’s Board of Directors.
H. Changes to the Law. When any local, state, or federal ordinance, regulation, or law that is incorporated in the Handbook or upon which the Handbook relies is amended through legislative action or is deemed to have been amended by judicial decision, the Handbook shall be deemed amended in conformance with those amendments.
I. Severability. If any section, subsection, sentence, clause, or phrase of the Handbook is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of the Handbook, to the maximum extent permitted by applicable law.
Definitions
For the purposes of this Handbook, the following definitions apply:
A. Applicant. A person who has applied for employment with CPA.
B. Chief Administrative Officer. A person holding the title of Chief Administrative Officer (CAO) of CPA or the Chief Executive Officer’s designee performing the CAO responsibilities.
C. Chief Executive Officer. The Chief Executive Officer of CPA or the Chief Executive Officer’s designee.
D. Close relatives. Spouse, parent, parent-in-law, grandparent, child, child-in-law, uncle, aunt, nephew, niece, sibling, sibling-in-law, step-relatives, and cousins.
E. Date of Hire. The date that an employee was originally hired by CPA. An employee’s date of hire does not change except through termination, layoff, resignation, or retirement.
F. Day or Days. Calendar day(s) unless otherwise stated.
G. Demotion. The movement of an employee from one position to another position having a lower level and/or maximum rate of pay.
H. Director. A person holding the title of Director or a higher title at CPA.
I. Director, Human Resources. The Director, People and Culture fills the roll of Director, Human Resources at CPA. In the absence of a staff member who has been assigned the responsibilities of Director, Human Resources, the CAO or in the CAO’s absence, the Chief Executive Officer’s designee shall act in that capacity.
J. Discipline. The practice or counseling of an employee by verbal warning, written reprimand, performance improvement plan, demotion, suspension, reduction of pay, termination, or other punitive measures.
K. Exempt Employees. Employees whose duties and responsibilities allow them to be “exempt” from overtime pay provisions as provided by the Fair Labor Standards Act Agenda Page 344
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(“FLSA”) and any applicable state wage and hour laws. Exempt employees include, but are not limited to, those who qualify for the executive, administrative or professional exemptions under California law.
L. Full-Time Employee. A regular, budgeted position in which an employee of CPA is regularly scheduled to work at least 40 hours per workweek. Employees in full-time positions are eligible for CPA’s benefit package, subject to terms, conditions, and limitations of each benefit program, plus legally mandated benefits, such as worker’s compensation, and paid sick leave.
M. Interns. Employees gaining supervised practical experience in a professional field. Interns are not eligible for benefits listed in this Handbook, whether compensated or not, unless otherwise required by law. Interns will generally not be employed for more than six (6) months.
N. Introductory Period. All new and rehired employees work in an “introductory” status for the first three (3) months after their date of hire. This Introductory Period gives the Supervisor the opportunity to determine the ability with which the employee performs the employee’s job. It also provides the employee with the opportunity to decide if the employee is satisfied with the position. CPA reserves the right to extend the duration of the Introductory Period when such an extension is determined appropriate in CPA’s sole and absolute discretion. Either CPA or the employee can terminate the employment relationship at any time during or after the Introductory Period, with or without cause and without any advance notice.
O. Layoff. The separation of employees from the active work force due to organizational changes, lack of work or funds or abolishment of a position by CPA’s Board.
P. Non-Exempt Employees. An individual who is not exempt from the overtime provisions of federal and state wage and hour law and is, therefore, entitled to overtime pay for all hours worked beyond 40 in a workweek or eight (8) in a work day, unless otherwise required by applicable law. Non-exempt employees may be paid on a salary, hourly or other basis.
Q. Part-time Employee. A regular, budgeted position requiring an employee to work a usual schedule of less than 40 hours per workweek. Employees in part-time positions receive legally mandated benefits and may be eligible for some benefits where expressly specified in this Handbook.
R. Promotion. The movement of an employee from one position to another position with a higher level and/or maximum rate of pay.
S. Reduction in Pay. A temporary or permanent lowering of an employee’s rate of pay.
T. Rejected/Rejection. The termination by CPA of a new employee who has not successfully completed the Introductory Period for a position.
U. Resignation. The voluntary termination of employment by an employee.
V. Subordinate. An employee who directly reports to a specific supervisor and whose work is directed, reviewed, and evaluated by that supervisor. Subordinates are typically responsible for executing tasks or objectives assigned by their supervisor within the scope of their role.
W. Supervisor. The individual to whom an employee directly reports. Typically, this individual will conduct the Introductory and Performance reviews.
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X. Suspension. The temporary separation from service of an employee, without pay, for disciplinary purposes.
Y. Temporary Employee. An employee hired with the understanding that their employment will not continue beyond a stated date or beyond completion of a specified project or projects.
Temporary employees will generally not be employed for more than six (6) months.
Temporary employees are not eligible for benefits covered in this employee handbook, other than those required by law or as stipulated in writing by the Chief Executive Officer. An employee will not change from temporary to any other employee status or classification simply because of the length of time spent as a temporary employee. The status of a temporary employee may change only if the employee is notified of the change in writing by Human Resources.
Z. Termination/Terminate. The permanent separation of an employee from employment with CPA, with or without cause.
AA. Vacancy. A position that is unfilled but has been included in the current budget.
Equal Employment Opportunity
A. Equal Employment Opportunity. CPA is an equal employment opportunity employer and will consider all qualified applicants for employment or advancement opportunities without regard to actual or perceived race, religion, creed, color, sex or gender (including pregnancy, childbirth, related medical conditions and lactation), sexual orientation, gender identity or gender expression (including transgender status), national origin, ancestry, citizenship status, military service and veteran status, marital status, age, protected medical condition as defined by applicable state or local law, reproductive health decision making, genetic information, disability, or any other characteristic protected by applicable federal, state, or local laws and ordinances. Employment-related decisions will be based on merit, qualifications, and abilities. Equal employment opportunity will be extended to all persons in all aspects of the employer-employee relationship, including recruitment, hiring, training, promotion, transfer, discipline, layoff and termination.
B. Disabled Applicants and Employees. CPA has a commitment to ensure equal opportunities for disabled applicants and employees. Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, and discharge) will not discriminate unlawfully against disabled applicants or employees. CPA provides employment-related reasonable accommodations to qualified individual with disabilities within the meaning of the California Fair Employment and Housing Act (“FEHA”) and the Americans with Disabilities Act (“ADA”), as well as any other applicable state or local law or ordinance.
C. Request for accommodation. An applicant or employee who desires a reasonable accommodation in order to perform essential job functions shall submit a written request to the Director, Human Resources identifying in reasonable detail: a) the job-related functions at issue; and b) the desired accommodation(s). Reasonable accommodation may include, but is not limited to job restructuring, reassignment to a vacant position for which the employee is qualified and making facilities accessible.
D. Reasonable documentation of disability. Following receipt of the request, the Director, Human Resources may require additional information, such as reasonable documentation of the existence of a disability or additional explanation as to the effect of the disability on the Agenda Page 346
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individual’s ability to perform the essential job functions but will not require disclosure of diagnosis or genetic history.
E. Interactive process. CPA will engage in the interactive process, as defined by applicable law, to determine whether an applicant or employee is able to perform the essential job functions of the position. During this process, CPA will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform. Such interactive process may include meeting(s) with the employee or applicant, CPA, and, if requested by CPA, the employee or applicant’s health care provider.
F. Case-by-case determination. CPA shall determine, in its sole discretion, whether reasonable accommodations(s) can be made, and the type of reasonable accommodations(s) to provide. CPA will not provide an accommodation that would pose an undue hardship upon it or that is not required by law. CPA will inform the employee or applicant of any decisions made under this section in writing.
G. Religious accommodations. CPA also respects the sincerely held religious beliefs and practices of all employees and will endeavor to make a reasonable accommodation if those sincerely held religious beliefs or practices conflict with an employee’s job unless the accommodation would impose an undue hardship on the operation of our business. Any employee who would like to request an accommodation should follow the same process as outlined above.
H. Raising concerns. Employees with questions or concerns about equal employment opportunities in the workplace may bring these issues to the attention of Director, Human Resources. Reports of discrimination should be made in accordance with the procedure set forth in the Policy Prohibiting Harassment, Discrimination, and Retaliation section as well as any procedures set forth in any applicable state supplement. We will not allow any form of retaliation against employees who raise concerns of equal employment opportunities in the workplace.
Proof of Right to Work
A. Under federal law, all new employees must complete INS Form I-9 and produce original documentation establishing their identity and right to work in the United States. New hires may establish their identity and right to work by:
1. Providing documentation that singularly establishes both their identity and employment authorization (identified “List A” documents on the INS Form I-9), or
2. providing documentation that separately establishes their identity (“List B” documents on the INS Form I-9) and their employment authorization (“List C” documents on the INS Form I-9).
B. Documentation should be produced prior to or on day of commencement of employment with CPA. Required documentation must be presented to the Director, Human Resources, who will be responsible for processing the documents.
C. Employees who are re-hired must provide proper documentation if the prior INS Form I-9 has expired or is about to expire. Authorization documents will be copied and placed with the employee’s INS Form I-9 in a file separate from the employee’s personnel file.
Code of Ethics and Conflicts of Interest
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A. Code of Ethics. Employees have an obligation to conduct their work responsibilities within guidelines that prohibit actual or potential conflicts of interest. An employee shall contact the General Counsel or General Counsel designee with a question regarding the existence of an actual or potential conflict of interest. This Code of Ethics is not intended to supersede or invalidate any statute, resolution, ordinance, or regulation.
1. Applicability. This Code of Ethics shall apply to all employees.
2. Substantive requirements.
a. All employees shall uphold the Constitution of the United States. b. All employees shall comply with all applicable provisions of California law governing public employees and officials, particularly the California Political Reform Act and its provisions on gifts and conflicts of interest, and any other applicable state or local law.
c. No employee shall engage in any activity which results in any of the following:
i. Use of time, facilities, equipment, supplies, or other resources of CPA for the private advantage or gain for oneself or another;
ii. Use of official information that is not available to the general public for private advantage or gain for oneself or another; and
iii. Use of the authority of their position with CPA to discourage, restrain, or interfere with any person who chooses to report potential violations of any law or regulation.
d. No employee shall directly or indirectly accept:
i. Private advantage, remuneration, or reward for oneself or another as a result of the prestige or influence of the office, employment, or appointment the employee holds with CPA;
ii. Financial consideration from any source other than CPA for the performance of the employee’s official duties; or
iii. Employment from private interests, when such employment is incompatible with the proper discharge of their official duties or may result in a conflict of interest, unless otherwise permitted to do so by applicable law.
e. No employee shall give special treatment or consideration to any individual or group beyond that available to any other individual or group. f. No employee shall discriminate against or harass a citizen or co-worker on the basis of actual or perceived race, religion, creed, color, sex or gender (including pregnancy, childbirth, related medical conditions and lactation), sexual orientation, gender identity or gender expression (including transgender status), national origin, ancestry, citizenship status, military service and veteran status, marital status, age, protected medical condition as defined by applicable state or local law, reproductive health decision making, genetic information, Agenda Page 348
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disability, or any other characteristic protected by applicable federal, state, or local laws and ordinances.
g. All employees shall conduct themselves in a work-appropriate manner at all times during the performance of their duties.
h. All employees shall complete mandatory Harassment Prevention Training.
3. Enforcement. Any employee found to be in violation of this Code of Ethics shall be subjected to appropriate Discipline.
B. Outside Employment, Enterprise, or Activity. No employee may engage in any outside employment, enterprise, or activity that is inconsistent incompatible, in conflict with, or adverse to the employee’s employment or the employee’s ability to perform the employee’s duties and responsibilities, including performance of overtime work and emergency duties, or any other aspect of CPA operations, unless otherwise permitted to do so by applicable law.
Employees are required to make requests for approval for outside employment in writing by completing a required Outside Employment Approval Request form and submitting it to Director, Human Resources. The form must include all outside employment in which an employee is already engaged or in which they intend to engage, so that CPA may assess whether such outside employment conflicts with the employee’s CPA employment.
Regardless of the assessment, all Outside Employment Approval Request forms shall be maintained in the employee’s personnel file.
1. Unless otherwise provided by applicable law, an employee’s outside employment, enterprise, or activity will be prohibited when any of the following are present:
a. It involves the receipt or acceptance by the employee of any money or other consideration from anyone other than CPA for the performance of an act which the employee would be required or expected to render in the regular course or hours of the employee’s employment with CPA or as part of the employee’s duties as a CPA employee;
b. It involves the use for private gain or advantage of CPA time, facilities, equipment and/or supplies; or the badge, prestige, or influence of the employee’s CPA employment;
c. It involves the performance of an act, in other than the employee’s capacity as a CPA employee, which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of CPA; or
d. It involves time or scheduling demands as would render performance of the employee’s duties as a CPA employee less efficient.
2. Conflict Determination. When a request for approval of outside employment is submitted to the Director, Human Resources, they shall determine whether the employee’s outside employment conflicts with the performance of the employee’s duties and shall advise the employee of that determination in writing.
3. Appeal of conflict determination. An employee may appeal the conflict decision to the Chief Executive Officer within 14 Days from the employee’s receipt of the conflict determination by filing a written appeal with the Chief Executive Officer. The employee Agenda Page 349
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shall specify the grounds on which the employee challenges the conflict decision and shall attach all relevant documentary evidence to the appeal. The Chief Executive Officer shall schedule a meeting with the employee to discuss the decision. The Chief Executive Officer shall issue a written decision to the employee within 14 Days from the date of the meeting.
The decision of the Chief Executive Officer shall be final.
4. Disciplinary Action. Any employee who fails to act upon notice of a conflict of interest or who fails to file an Outside Employment Request may be subject to disciplinary action up to and including termination, unless otherwise provided by applicable law.
C. Contracts and Conflicts of Interest. No CPA employee can be financially interested in any contract made by the employee in the employee’s official capacity, or by any board of which the employee is a member.
1. An actual or potential conflict of interest occurs when an employee can influence a decision that may result in a personal gain for that employee or for a member of their immediate family as a result of CPA’s decisions and/or business dealings. For the purposes of this Handbook, immediate family includes persons related by blood or marriage or, whose relationship with the employee is similar to that of persons who are related by blood or marriage.
2. No presumption of conflict is created by the mere existence of a relationship with outside firms. However, if an employee has any influence on transactions involving purchases, contracts, or leases, it is imperative that the employee discloses to employee’s Supervisor as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties.
3. AB 1234 Ethics training is required for all CPA employees within 30 Days of hire and every two (2) years thereafter. Upon completion of training, a copy of the certificate of completion must be provided to the Director, Human Resources. On-line training is offered at www.fppc.ca.gov. However, other courses may be available. See the Director, Human Resources for other options.
4. CPA employees required to complete California Fair Political Practices Commission Form 700 (Statement of Economic Interests) will be designated by the Fair Political Practices Commission (“FPPC”) adopted Conflict of Interest Code for CPA.
D. Conduct During the Workday. During the workday, employees are expected to devote their full time in the performance of their assigned duties. Any approved outside work, part-time job, hobbies, or personal business must be performed during off duty hours. Off duty hours include legally-required meal and rest periods, but do not include other break periods during which the employee continues to receive pay.
E. Political Activity. Employees may not engage in political activity during working hours or while on CPA property, unless otherwise provided by applicable law.
F. Solicitations of Political Contributions. No employee may knowingly, directly or indirectly, solicit a political contribution during working hours, on CPA premises or using CPA property, equipment, or email. For purposes of this section, “contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make Agenda Page 350
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a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes.
G. Reporting Suspected Misconduct.
1. Reporting to CPA. CPA encourages all employees and interested third parties to report alleged misconduct to the Director, Human Resources, or to a third party designated by CPA to intake complaints, to ensure that all allegations are thoroughly investigated, and suitable action(s) are taken where appropriate. Corrective action, up to and including termination, will be taken where warranted for employees.
2. External Reporting. Reports regarding suspected waste, fraud, and abuse may be directed to a third party designated by CPA to intake complaints, which may be anonymous or to the Public Integrity Division of the Los Angeles County District Attorney’s Office, 320 West Temple Street, Room 766, Los Angeles, California 90012, (213) 974-6501.
3. Confidentiality and Anonymous Complaints. Reports made to or about CPA regarding suspected misconduct will be treated as confidential information, to the extent possible, and can be communicated anonymously. However, it is important that the reporting individual understand and be aware of the following:
a. CPA discourages the use of anonymous complaints because anonymity in the complaint procedure may compromise CPA’s ability to complete a thorough investigation.
b. Should CPA learn of the complaining party’s identity, CPA cannot guarantee that the complaining party’s identity will remain confidential where CPA determines that disclosure of information is necessary to complete the investigation or is otherwise required to be disclosed by applicable law.
4. Protection Against Retaliation.
a. Any employee who makes a complaint under this policy or otherwise engages in “whistleblowing” (through internal reporting or reports made to government agencies) is protected against adverse employment actions for raising allegations of misconduct. An employee is protected even if the allegations prove to be incorrect or unsubstantiated.
b. Employees who participate or assist in an investigation will also be protected.
SECTION 3: EMPLOYMENT STATUS
Introductory Periods
A. Objective of Introductory Period. The Introductory Period shall be regarded as a part of the selection process and shall be used for closely observing the employee’s work, to determine if the employee can successfully perform the assigned duties of the employee’s position and CPA’s rules and policies, and to help ensure the employee effectively adjusts to the employee’s position.
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B. Introductory Period. All Full-Time and Part-Time Employee positions shall be subject to an Introductory Period of three (3) months unless the employee is notified in writing of an extension in accordance with section C of this Section 3.
C. Extension of Introductory Period. Written notice shall be provided as soon as reasonably possible to the employee if an Introductory Period is to be extended. The Introductory Period, upon approval of the Director, Human Resources may be extended up to a maximum of six (6) months, before expiration of the initial three (3) month period.
D. Rejection of Employee on Introductory Period. During the initial Introductory Period, an employee may be terminated at any time, with or without cause, and with or without advance notice. If this occurs, Notification of Rejection will be served on the employee. The employee will have no right of appeal of the employee’s failure to complete the Introductory Period or of the decision to terminate employment.
E. At-Will Employment. By completing the Introductory Period, an at-will employee is not guaranteed continued employment for any term. The employee will continue to be employed at-will, such that the employment relationship may be Terminated with or without cause and with or without advance notice at any time by the employee or CPA.
Background Checks
Although CPA does not provide, accept, or consider applications for employment on a discriminatory basis, it reserves the right to condition all offers of employment on the successful clearance of a lawful background check administered by an independent third-party service. Background clearance shall include satisfactory evidence of identity and legal eligibility to work in the United States. Any falsification of material information provided by any candidate for employment (or omission of material information) may result in a denial of an offer of employment or, if the employee has already been hired, immediate termination of employment.
Performance Evaluations
A. In General
1. The provisions in this section regarding performance evaluations are intended to provide a formal opportunity to discuss job tasks, identify and correct weaknesses, encourage, and recognize strengths, discuss positive, purposeful approaches for meeting goals, and develop new goals. However, employees and their Supervisors are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis throughout the year.
2. The performance evaluation may be used to promote or identify training or to institute a performance improvement plan for an employee or as a basis for disciplinary action.
However, a performance evaluation is not, itself, disciplinary in nature. Only job-related factors shall be used to evaluate an employee’s work performance. Supervisors are responsible for the timely evaluation of employees in their departments, and, if applicable, they may solicit the assistance of lower and higher-level Supervisors in the preparation of the performance evaluation.
B. Timing
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1. Introductory Evaluations.
a. Before expiration of an Introductory Period, the Supervisor will have a review with the employee covering their work performance (“Introductory Evaluation”). Upon such discussion, a written evaluation will be provided to the employee and signed by both the employee and the Supervisor. b. An employee may file a response letter to the Director of Human Resources within three (3) business days. The response letter will be forwarded to the supervisor of the Supervisor preparing the Introductory Evaluation. The Supervisor’s supervisor and/or Human Resources shall make the final determination as to whether each Introductory employee has successfully completed the Introductory Period or has been Rejected from employment. As set forth above, completion of the Introductory Period does not impact an employee’s at-will status.
2. Performance Evaluations. CPA encourages an open dialogue between an employee and the employee’s Supervisor on a regular basis. This interaction increases job satisfaction for the employee and CPA. Formal performance evaluations will be conducted at least annually or with more frequency dependent on the length of service, job position, past performance, change in job duties, or recurring performance concerns. a. Performance evaluations will first consist of a meeting with the employee’s Supervisor. A standard template evaluation form and meeting format will be used.
Following the meeting, a formal written evaluation will be prepared by the Supervisor.
b. After the review of the performance evaluation, the employee will be asked to sign the evaluation report to acknowledge that it has been presented to employee and discussed with employee and Supervisor, and that employee is aware of its contents.
c. Employee may decide to not sign the performance evaluation and file a response letter with the Director, Human Resources within three (3) business days of receiving the performance evaluation.
d. Within five (5) business days, the supervisor of the Supervisor performing the evaluation and/or Human Resources will review the response letter and determine whether to adjust the performance evaluation. The decision of the Supervisor’s supervisor and/or Human Resources shall be final.
C. Relation to Merit Salary Increases. Merit-based pay adjustments may be awarded by CPA as part of the formal performance evaluation process and in accordance with its salary administration guidelines to recognize employee performance. However, the decision to award such an adjustment is not guaranteed and is instead dependent upon numerous factors, including the inclusion of funding for such adjustments in CPA Board-approved annual budget, as well as an employee’s performance evaluation.
D. Maintenance of Performance Evaluation. When a performance evaluation is recorded in the personnel file of an employee, a copy of such evaluation, together with any attachment relating thereto, shall be given to the employee. The content of each employee evaluation report is confidential and will not be discussed with or by any person except the employee Agenda Page 353
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being evaluated, the employee’s Supervisor, the Director, Human Resources, and/or the Chief Executive Officer, unless otherwise required by applicable law.
Disciplinary Action
Employees are expected to meet acceptable standards of conduct. Satisfaction of these standards not only promotes productivity and efficiency, but also helps to ensure that all employees will enjoy a pleasant and cooperative work environment. CPA views compliance with these commonsense rules to be an important responsibility of every employee. Consequently, violation of these rules may lead to disciplinary action up to and including termination.
As explained elsewhere in this handbook, employment will continue only at the mutual consent of the employee and the employer. Employment is therefore terminable at will, at any time, either by the employee or by CPA, with or without cause or advance notice. Accordingly, CPA does not adhere to any formal system of discipline. Nevertheless, where CPA determines it to be appropriate in the exercise of its discretion, it may attempt to give an employee a prior written or oral warning and an opportunity to improve or correct an issue of misconduct before termination.
It is impossible to identify every type of possible misconduct, infraction, or performance problem that can result in discipline. The following is therefore simply a partial, non-exhaustive list of types of conduct that may result in disciplinary action, up to and including the possibility of immediate termination.
• Unexcused and/or repeated tardiness or absenteeism.
• Mishandling, misappropriation or unauthorized removal or possession of the funds and/or property of CPA and/or any co-worker.
• Violation of any CPA policy, including policies, described in this handbook, as revised from time to time.
• Gambling on CPA property or while on duty.
• Possessing or bringing dangerous or unauthorized materials on CPA property (e.g., guns, knives, or other weapons, hazardous materials or illegal/controlled narcotics or substances), unless otherwise permitted to do so by applicable law. • Falsifying or destroying any CPA records, including timekeeping records. • Engaging in inappropriate conduct toward others.
• Smoking in any form through the use of tobacco products or “vaping” with e-cigarettes in restricted areas on CPA property. Smoking during working hours is permitted outside of the building on rest breaks and meal periods.
• Reporting to or being at work while under the influence of alcohol or unlawful drugs or possessing drugs while on CPA’s premises or while on duty or operating a vehicle or potentially dangerous CPA equipment.
• Falsifying or making erroneous entries or material omissions on an employment application or other CPA record.
SECTION 4: EMPLOYMENT POLICIES & PROCEDURES
Problem Resolution
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A. If an employee has a complaint or question about the employee’s job duties, working conditions, or treatment the employee is receiving, the employee is encouraged to take the following steps to address employee’s concerns:
1. Bring the situation to the attention of employee’s Supervisor and the Director, Human Resources who will then investigate and provide a solution or explanation.
2. If the problem remains unresolved, the employee may present it in writing to the Chief Administrative Officer who will work towards a resolution.
B. This procedure may not result in every problem being resolved to the employee’s satisfaction.
However, CPA values the employee’s input and the employee should feel free to raise issues of concern without fear of retaliation.
Policy Prohibiting Harassment, Discrimination, and Retaliation CPA is committed to providing a work environment that is free of discrimination or harassment of or against our job applicants, contractors, interns, volunteers, or employees by another employee, supervisor, vendor, customer, or any third party. In keeping with this commitment, CPA requires all employees to complete mandatory Harassment Prevention training as required by applicable law. For more information on this training requirement, employees can visit https://calcivilrights.ca.gov/shpt/. Additionally, CPA maintains a strict policy prohibiting all forms of unlawful harassment, discrimination, and retaliation, including sexual harassment and harassment based on actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, disability, protected medical condition as defined by applicable state or local law, reproductive health decision making, genetic information, marital status, sex or gender (including pregnancy, childbirth, related medical conditions and lactation), gender identity or gender expression (including transgender status), age, military service and veteran status, sexual orientation, or any other characteristic protected by applicable federal, state, or local laws and ordinances (referred to as “protected characteristics”). Further, CPA prohibits discrimination, harassment, and retaliation on the basis of any combination of protected characteristics.
This policy applies to all employees and prohibits harassment and discrimination of employees in the workplace by any person, including nonemployees, such as vendors, independent contractors, and third parties doing business with CPA or with whom an employee comes into contact.
Furthermore, this policy prohibits unlawful harassment in any form, including verbal, physical and visual harassment. It also prohibits retaliation of any kind against individuals who file complaints or who assist or participate in an investigation.
CPA is committed to a workplace free of discrimination, harassment and retaliation. These behaviors are unacceptable in the workplace and in any work-related settings such as remote work settings, business trips and CPA sponsored social functions, regardless of whether the conduct is engaged in by a supervisor, co-worker, client, customer, vendor or other third party. In addition to being a violation of this policy, discrimination, harassment or retaliation based on any protected characteristic as defined by applicable federal, state, or local laws and ordinances also is unlawful.
For example, sexual harassment and retaliation against an individual because the individual filed a complaint of sexual harassment or because an individual aided, assisted or testified in an investigation or proceeding involving a complaint of sexual harassment as defined by applicable federal, state, or local laws and ordinances are unlawful.
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Discrimination Defined. Discrimination under this policy generally means treating differently or denying or granting a benefit to an individual because of the individual’s actual or perceived protected characteristic.
Harassment Defined. Harassment generally is defined in this policy as unwelcome verbal, visual or physical conduct that denigrates or shows hostility or aversion towards an individual based on or because of any actual or perceived protected characteristic or has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), visual (including offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts or e-mails) or physical conduct (including physically threatening another, blocking someone’s way, etc.). Such conduct violates this policy, even if it does not rise to the level of a violation of applicable federal, state, or local laws and ordinances. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a manner consistent with the intended purpose of this policy.
Sexual Harassment Defined. Sexual harassment includes harassment on the basis of sex or gender (including pregnancy, childbirth, related medical conditions and lactation), gender identity or gender expression (including transgender status), and/or sexual orientation. Sexual harassment includes unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature or which is directed at an individual because of that individuals’ sex or gender (including pregnancy, childbirth, related medical conditions and lactation), gender identity or gender expression (including transgender status), and/or sexual orientation when: (1) submission to such conduct is made an explicit or implicit term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Conduct that violates this policy may take many forms, including but not limited to:
• Verbal conduct, such as whistling, epithets, sexual jokes or comments about a person’s body, sexual prowess, or sexual deficiencies, propositions or suggesting or insulting comments of a sexual nature, comments, inquiries, or gossip about one’s own or someone else’s sex life or sexual activities, derogatory comments, slurs, or unwanted sexual advances, invitations or comments.
• Visual conduct, such as sexually explicit emails or voicemails, obscene or derogatory posters, cartoons, drawings, or gestures.
• Physical conduct, such as assault, leering, touching, pinching, brushing up against someone’s body, uninvited touching of a sexual nature, or blocking normal movement. • Threats and demands to submit to sexual requests in order to keep one’s job or avoid some other loss and offers of job benefits in return for sexual favors. • Conduct or comments consistently targeted at only one gender, even if the content is not sexual.
• Teasing or other conduct directed toward a person because of the person’s gender. • Retaliation for having reported unlawful harassment.
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Retaliation Defined. Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation of discrimination, harassment or retaliation. “Adverse conduct” includes but is not limited to: any action that would discourage or keep an individual from reporting discrimination, harassment or retaliation; shunning and avoiding an individual who reports discrimination, harassment or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting discrimination, harassment or retaliation; and denying employment benefits because an applicant or employee reported discrimination, harassment or retaliation or participated in the reporting and investigation of discrimination, harassment or retaliation.
Reporting Procedures. The following steps have been put into place to ensure the work environment at CPA is free of discrimination, harassment and retaliation. Any employee or other person who believes someone has violated this policy should promptly report the facts of the incident(s) and the names of the individuals involved to the employee’s Supervisor, the Director, Human Resources or to a third party designated by CPA to intake complaints. The complaint may be designated as confidential. If any of these individuals is the person toward whom the complaint is directed, you should contact any higher-level manager in your reporting chain. It is the responsibility of each employee, independent contractor, or other person to immediately report any violation or suspected violation of this policy to one or more of the individuals identified above. Written and verbal complaints will be treated with equal priority. If the employee makes a complaint under this policy and has not received an initial response within five (5) business days, the employee should contact the Chief Administrative Officer immediately.
Supervisors and managers must immediately report any incidents or reports, whether formal or informal, of alleged violations of this policy to the Director, Human Resources.
Investigation Procedures. Upon receiving a complaint, the Director, Human Resources will promptly investigate the facts and circumstances of such claims. A complaint will be designated as confidential, to the extent possible, but cannot be kept completely confidential. CPA will conduct a fair, impartial, thorough and timely investigation by qualified individuals, documenting and tracking for reasonable progress, and timely closing based on the evidence collected.
During the investigation, CPA generally will interview the complainant and the accused, conduct further interviews as necessary and review any relevant documents or other information. Those receiving claims and leading investigations will handle complaints and questions with sensitivity toward those participating.
Upon completion of the investigation, CPA will determine whether this policy has been violated based upon its reasonable evaluation of the information gathered during the investigation. CPA will inform the complainant and the accused of the results of the investigation.
In the event CPA determines that a violation of this policy has occurred, CPA will take steps to ensure a safe work environment for the individuals who experienced the complained-of conduct.
CPA will take corrective measures against any person who it finds to have engaged in conduct in violation of this policy, if CPA determines such measures are necessary. These measures may include, but are not limited to, counseling, suspension, or immediate termination. Anyone, regardless of position or title, whom CPA determines has engaged in conduct that violates this policy will be subject to discipline, up to and including termination. This includes individuals Agenda Page 357
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engaging in discrimination, harassment, or retaliation, as well as supervisors or managers who fail to report violations of this policy, or knowingly allow prohibited conduct to continue. Individuals who engage in conduct that rises to the level of a violation of law can be held personally liable for such conduct.
Employees should feel free to report claims and participate in any investigation without fear of retaliation of any kind. Employees will not be subject to retaliation for registering a complaint of unlawful harassment, retaliation, or discrimination.
If any employee has questions concerning this policy, please feel free to contact the Director, Human Resources.
Employees should also be aware that the Federal Equal Employment Opportunity Commission (“EEOC”) and various state agencies (e.g., in California, the California Civil Rights Department) investigate and prosecute complaints of prohibited harassment, discrimination and retaliation in employment. If you think you have been harassed or discriminated against or that you have been retaliated against for resisting, complaining, or participating in an investigation, you may file a complaint with the appropriate agency. The nearest EEOC office can be found by visiting the agency website at https://www.eeoc.gov/. Individual sites may also have agency websites that can be found online (e.g., in California, visit https://calcivilrights.ca.gov/), otherwise, the EEOC will have regional offices to serve your area.
Consensual Romantic Relationships between Supervisors and Subordinates A. General. Consensual romantic or sexual relationships between a supervisor and a subordinate can lead to misunderstandings, complaints of favoritism, adverse effects on employee morale, and possible claims of sexual harassment during or after termination of the relationship. As a result, such relationships present existing or potential conflicts that adversely affect efficient operation of CPA. Relationships that present an actual conflict under this section are therefore prohibited.
1. Application. This section shall apply to all CPA employees, regardless of gender or sexual orientation, who have a supervisory role and engage in a romantic or sexual relationship with a subordinate employee or intern.
2. Definition of Conflict. For purposes of this section, a conflict exists if issues related to supervision, safety, security, and/or morale are impacted by a romantic or sexual relationship between a supervisor and a subordinate.
3. Duty to Disclose. If a romantic or sexual relationship exists between a supervisor and a subordinate, the Supervisor shall promptly disclose the relationship to the Director, Human Resources and request a determination as to whether the relationship presents a conflict. The disclosure must identify the names and positions of both employees. An employee’s failure to comply with this section shall be grounds for Discipline up to and including Termination.
4. Determination by the Director, Human Resources. Within five (5) business days of the disclosure, the Director, Human Resources shall issue a written determination as to whether the relationship presents a conflict, the conflict cannot otherwise be resolved, and is thereby prohibited. The Director, Human Resources, in consultation with the Chief Administrative Officer, shall have sole discretion in making the determination.
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5. Resolution of Conflicts. Subject to limitations imposed by applicable provisions of this section, the Director, Human Resources will attempt in good faith to work with the Supervisor and the other employee to consider options to eliminate the conflict, including removing the Supervisor’s authority that created the conflict, reassignment, transfer or voluntary demotion of the Supervisor, or where the Director, Human Resources determines that modification of a Supervisor’s assignment is not feasible, reassignment, transfer or voluntary demotion of a non-supervisory employee. The Director, Human Resources retains discretion to determine how the conflict shall be resolved, including potential resignation or termination.
6. Prohibited On-duty Conduct. Supervisors and subordinates in a romantic or sexual relationship are prohibited from engaging in intimate, physical, or other conduct at work locations or at any time during work hours. Upon termination of a sexual or romantic relationship, both parties must avoid engaging in behavior that adversely affects the working conditions of any CPA employee. All employees are expected to observe appropriate standards of workplace conduct in their interactions with other CPA employees.
7. Complaints. Employees who believe that they have been adversely affected by romantic or sexual relationships between a supervisor and subordinate are encouraged to address their concerns to their Supervisor (if not involved) or the Director, Human Resources.
8. Avoidance of Workplace Conflicts. CPA seeks to prevent misunderstandings, complaints of favoritism, claims of sexual harassment, and employee dissension that may result from personal or social relationships amongst supervisors and subordinates.
Supervisors involved in a romantic relationship with a subordinate must disclose the relationship to the Director, Human Resources. This information will be kept as confidential as possible, however complete confidentiality cannot be guaranteed. For purposes of this provision, a “romantic relationship” will be interpreted broadly. CPA reserves the right to take necessary and appropriate action to resolve any potential conflict of interest arising out of a romantic relationship between or among employees. Depending on the facts of the situation, such action may include reassignment or termination of one or both employees involved.
Media Contact
CPA has established protocols and procedures for dealing with inquiries from outside sources, including any representative of the press or media. The only individuals authorized to communicate with any outside source on behalf of CPA, including any press or media representative, is the Chief Executive Officer and/or the Chief Executive Officer’s designee.
Employees must refrain from answering any questions or providing any information on behalf of CPA, in written or verbal form, to any representative of the press or media. This includes both on and off the record statements on behalf of CPA. Violations of this policy are extremely serious and may result in disciplinary action, including immediate termination.
Employment of Close Relatives
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relationship of the parties. Although CPA does not prohibit the hiring of close relatives of existing employees, CPA is committed to monitoring situations in which close relatives work in the same area. In the event of an actual or potential problem, CPA’s response may include reassignment or termination of one or both individuals involved. CPA reserves the right to apply this policy to situations where there is a conflict or the potential for conflict because of the relationship between employees, even if no direct reporting relationship or authority is involved. In these situations, CPA will reassign one of the employees within 60 days.
Any exceptions to this policy must be approved by the Director, Human Resources and Chief Administrative Officer. Written justification for the exception must be submitted to Director, Human Resources prior to any employment decisions.
SECTION 5: OFFICE HOURS & TIMEKEEPING
Hours of Work
A. Full-Time employees are required to provide adequate coverage during office hours. CPA office hours are Monday – Friday, 8:30 a.m. to 5:30 p.m. (Pacific time). Full-Time employees shall work a standard work schedule, eight (8) hours per day, exclusive of their meal period. However, because of the nature of CPA’s work, exempt employees may be required to work evenings and occasional weekends depending on various factors, such as workloads, operational efficiency, and staffing needs. In such cases, flexible work schedules will be approved by the employee’s Supervisor and Director, Human Resources, taking into consideration the employee’s work demands. CPA reserves the right to assign employees to jobs other than their usual assignments when required.
B. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week, to the maximum extent permitted by applicable law.
C. Part-time employees will be advised in writing of their expected schedule prior to beginning work and must report to work promptly. Any modifications to Part-time employees’ daily hours will be documented in writing.
D. Meal Periods and Rest Breaks
CPA provides meal and rest breaks in accordance with applicable state and federal law.
Employees are authorized to and permitted to take a 10-minute paid rest break for every four hours worked, or major fraction thereof.
Whenever practicable, non-exempt employees should take their rest breaks near the middle of each four-hour work period. Employees may not accumulate rest breaks or use them to start work late, leave work early, or extend a meal period. Employees will be relieved of all duties during rest breaks. Because rest breaks are paid, employees should not clock out for them. CPA will not retaliate against any employee who reports that their supervisor or manager caused them to miss or take a late rest break.
CPA provides cool down rest and recovery periods as needed to prevent heat illness as required by law for employees who perform work: (1) outdoors when temperatures are 80 degrees or higher; or (2) indoors when temperature are 82 degrees or higher.
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CPA also provides and makes available an unpaid meal period of at least 30 minutes to non-exempt Employees who work more than five (5) hours in a workday (the “First Meal Break”).
CPA provides a second unpaid meal period of at least 30 minutes to employees who work more than 10 hours in a workday (the “Second Meal Break”). Employees may waive their First Meal Break only if they work no more than six (6) hours and elect in writing to waive the First Meal Break or have signed a Meal Break Waiver Form. Employees may waive their Second Meal Break only if they work no more than 12 hours total, have taken their First Meal Break, and elect in writing to waive the Second Meal Break or have signed a Meal Break Waiver Form. Unless waived, employees must begin their First Meal Break before the end of their fifth hour of work (at or before four hours and 59 minutes (4:59) after starting work).
Unless waived, employees must begin their Second Meal Break before the end of their tenth hour of work (at or before nine hours and 59 minutes (9:59) after starting work).
CPA does not pay non-exempt employees for their First or Second Meal Break.
Consequently, employees must record the start and stop times of their First and Second Meal Breaks using the appropriate time-recording procedure. Meal periods cannot be taken at the beginning or end of shifts. First and Second Meal Breaks must be at least 30 minutes in duration. Employees are not allowed to perform any work during their meal breaks and may not work “off the clock.” Employees will be relieved of all duties during meal periods and are allowed to leave the building. If any tasks must be completed during an employee’s required 30-minute meal break, the employee must designate a coworker to complete any such task or may choose to have no appointments scheduled that would interfere with the meal break.
If, for any reason, an employee is not provided a meal period or rest break in accordance with this policy, or if an employee is in any way discouraged or impeded from taking their meal period or rest break or from taking the full amount of time allotted, the employee should immediately notify Human Resources.
To the extent any applicable state provides any greater rights than set forth in this policy, such provisions are incorporated by reference and/or addressed in a supplemental guidance for covered employees.
Timekeeping
A. Time records, including time sheets, represent legal documents that are used to accurately record working time and to compensate employees properly. Accurately recording time worked is the responsibility of every employee. Federal and state laws require the employer to keep an accurate record of hours worked in order to calculate employee pay and benefits.
Hours worked include all time spent on the job performing assigned duties.
1. Non-exempt employees must submit signed or electronically approved bi-monthly timesheets showing hours worked each day. Timesheets must be submitted three (3) business days prior to the end of each pay period.
2. An employee’s tampering, altering, or falsifying time records may result in disciplinary action, up to and including termination. Under no circumstances shall a Supervisor or employee submit a time sheet on behalf of another employee or perform work off the clock.
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3. It is the employee’s responsibility to submit the employee’s time record to certify the accuracy of all time recorded. In doing so, the employee shall attest that the time and hours recorded accurately and fully identify all time worked during the pay period, whether authorized or unauthorized, and that all meal periods to which the employee is entitled have been provided. If all meal periods have not been provided, employees will be required to report to their Supervisor and document the reason for the missed meal period.
B. Supervisors will review and approve the time record for each non-exempt employee before submitting it for payroll processing. In support of that obligation, Supervisors are responsible for monitoring each employee under their direct supervision.
C. Time sheets shall be retained as required under CPA’s record retention policies and as required by California or other applicable law.
D. Lactation Accommodations & Breaks
1. In accordance with California and federal law, employees who wish to express breast milk while at work may request the opportunity to do so. Efforts will be made to accommodate eligible employees by allowing them to express breast milk in a private area. Where an employee has a private office, it may be used for that purpose. Employees can exercise this privilege during their regular rest periods when possible. If it is not possible to exercise this privilege during a regular rest period, employees can arrange with their Supervisor to take additional time or express breast milk at a different time.
The time will be paid when employees use their regular rest periods to express breast milk. Break time that cannot run concurrently with rest and meal periods already provided to the employee is unpaid, to the extent permitted by applicable law.
2. For purposes of this policy, a “private area” is a place other than a bathroom that is near the employee’s work area and that is shielded from view and free from intrusion by other Employees and the public and preferably with a lock. Such space will meet the requirements of state law, including having a surface to place a breast pump and personal items, a place to sit, access to electricity, a sink with running water, and a refrigerator for storing breast milk.
3. Director, Human Resources will consider input from the affected employee but retains sole discretion in identifying a “private area” on a case-by-case basis, to the maximum extent permitted by applicable law.
4. An employee may request an accommodation for lactation breaks by submitting a written lactation accommodation request via email to their Supervisor and/or Director, Human Resources. The Supervisor and/or Director, Human Resources must respond to the employee’s accommodation request within 5 days in writing indicating the approval or denial of the break request. CPA and the employee shall engage in an interactive process to determine the appropriate accommodations.
5. California law expressly prohibits discrimination or retaliation against lactating employees for exercising their rights granted by the ordinance. This includes those who request time to express breast milk at work and/or who lodge a complaint related to the right to lactation accommodations.
6. California Employees have the right to file a complaint with the California Labor Commissioner for any violation of rights provided under California law regarding lactation accommodations.
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Employees can contact Human Resources with questions regarding this policy.
E. Overtime
1. CPA provides compensation for all overtime worked by Non-Exempt employees in accordance with applicable state and federal law. For non-exempt employees, all hours worked in excess of eight (8) hours in one day or forty (40) hours in one week, or for the first eight (8) hours on the seventh consecutive day worked in the same workweek, employees will be paid at one and one-half (1½) times their regular rate of pay.
Compensation for hours worked in excess of 12 hours in a workday and in excess of eight (8) hours on the seventh (7th) consecutive workday worked in the same workweek, will be paid at double the regular rate of pay. There may be exceptions to these standards where allowed by law.
2. For the purposes of calculating overtime, CPA holidays and vacation days are not counted as “time worked” and CPA’s workweek is Sunday 12:00 a.m. through Saturday 11:59 p.m. Any employee who is eligible to receive holiday pay and who works on a holiday observed by CPA shall be paid at their regular rate of pay for any work performed consistent with the relevant state and federal law. Regular overtime rules apply for hours worked on holidays observed by CPA.
3. All overtime must be approved by the employee’s immediate supervisor or the Director, Human Resources. Failure to obtain overtime approval in advance may result in disciplinary action.
4. Exempt employees may have to work hours beyond their normal schedules, as work demand requires. No overtime compensation will be paid to exempt employees pursuant to applicable federal and state wage and hour law. Rather, exempt employees are paid a pre-determined salary that is intended to fully compensate them for all hours worked. As a general rule, an exempt employee’s gross salary is not subject to pay changes due to actual number of hours worked in a pay period. However, when an exempt employee has exhausted all vacation and misses additional full days off work for personal reasons, deductions may be made consistent with all applicable state and federal laws.
F. Holidays
Regular Full-Time Position employees will receive the following paid holidays:
• New Year’s Day (January 1)
• Martin Luther King, Jr. Day (third Monday in January) • President’s Day (third Monday in February)
• Cesar Chavez Day (March 31)
• Memorial Day (last Monday in May)
• Juneteenth (June 19)
• Independence Day (July 4)
• Labor Day (first Monday in September)
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• Veteran’s Day (November 11)
• Thanksgiving (fourth Thursday in November)
• Day after Thanksgiving
• Christmas Eve (December 24)
• Christmas (December 25)
• New Year’s Eve (December 31)
CPA’s office is closed December 25 through January 1. Exempt employees can complete essential duties remotely with no charge to their vacation time but non-exempt employees should not be performing any work without pay. Essential duties may include but are not limited to checking and responding to email, completing required tasks, (e.g., work necessary to meet a legal or regulatory deadline), and responding to urgent issues that may arise. During this time, employees committed to performing essential duties will not be required to use their vacation time off, as addressed in Section 6. Exempt employees that do not want to perform essential duties must be approved to take leave during this time. Employees on a hybrid work schedule will not be required to report to the office. Any employees required to report to the office daily, may still be required to report to the office.
If a holiday falls on a Saturday or Sunday, it will be observed on the preceding Friday or the following Monday. Holiday observance will be announced in advance.
SECTION 6: LEAVE
Leaves of Absence and Time Off
A. The Leave section outlines the policies and procedures for requesting and managing time away from work, including paid and unpaid leave. This section is designed to ensure compliance with applicable federal, state, and local laws while supporting employees’ needs for personal, medical, and family obligations. It includes information on vacation, sick leave, family and medical leave, and other leave types, promoting a clear understanding of available benefits and expectations
B. Following the end of any absence or time off, employees who do not return to work on the originally scheduled return date or otherwise request in advance an extension of the agreed upon return date with appropriate documentation may be deemed to have voluntarily terminated employment with CPA. For purposes of approved leaves of absence, unless otherwise provided by law, failure to notify CPA of (1) the ability to return to work when it occurs or (2) continued absence from work because leave must extend beyond the maximum time allowed may be deemed a voluntary termination of employment with CPA, unless an employee is otherwise entitled to other leave or time off pursuant to applicable law.
Vacation
A. Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Employees are encouraged to use their available vacation Agenda Page 364
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each year, in accordance with this section. Vacation time may be used in minimum increments of one (1) hour.
B. Full-Time Position employees are eligible for 120 hours of vacation annually upon beginning of employment. Full-time employees are eligible for additional vacation award upon the beginning of the employee’s years of service as noted below. 2 nd year 40 additional hours
4 th year 40 additional hours
6 th year 40 additional hours
The Chief Executive Officer, in the Chief Executive Officer’s sole discretion, may grant an additional 40 hours immediately upon hire for the purposes of recruitment in lieu of the 2nd year increase in number of awarded hours.
Non-full-time employees are not eligible for paid vacation under this policy.
C. Employee may have a vacation balance up to a limit of two (2) times the annual allotment.
Once employee reaches the maximum limit the employee will not receive any additional vacation time until the balance falls below the maximum limit. An annual cash out of up to 80 hours is permitted. CPA will designate certain times of the year when the cash-out option can be exercised. Annual vacation balances may not fall below 120 hours as a result of an employee exercising the cash-out option.
D. Employees may only request vacation time up to the available balance in their vacation bank.
E. Employees on an unpaid leave of absence will not receive an additional allotment of vacation.
Upon return, employee will receive the full vacation allotment that would have otherwise been available within the same benefit year.
F. Vacations are paid at the employee’s base rate of pay at the time of absence. Paid vacation time off is not counted as hours worked for purposes of calculating overtime.
G. Employees must obtain the written approval of their Supervisor before commencing their vacation. Approval should be requested at least two (2) weeks in advance of the date the vacation is expected to begin. Although efforts will be made to accommodate an employee’s request to take vacation at the time requested, Supervisors must consider the needs of CPA when evaluating requests. CPA reserves the right to decline an employee’s request to take a vacation at a particular time if it would be disruptive or inconvenient to CPA to grant the request.
H. Where two (2) or more employees file timely requests to take vacation during the same period and CPA is unable to grant each request, CPA will ordinarily grant the request of the employee with the longest period of service unless business reasons exist to deviate from that standard.
I. Employees shall be compensated for their remaining vacation balance upon separation from employment.
Paid Sick Leave
A. In General
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1. CPA endeavors to comply with the requirements of all state and local paid sick leaves.
Still, although this paid sick leave policy is intended to comply with the requirements of all state and local paid sick leave laws, some jurisdictions may have specific requirements not outlined in this policy. To the extent any applicable paid sick/safe time/leave or similar law or ordinance provides any greater rights than set forth in this policy, such provisions are incorporated by reference and/or addressed in a supplemental policy for covered employees. Please contact Human Resources with questions regarding your eligibility and entitlement to paid sick leave.
2. Sick leave may be used for an absence due to the following reasons: (1) diagnosis, care or treatment of an existing health condition for an employee or covered family member (as defined below); (2) preventive care for an employee or an employee’s covered family member; (3) for certain, specified purposes when the employee is a victim of a qualifying act of violence, or (4) any other reason required by applicable law. Sick leave may be used in minimum increments of thirty (30) minutes. Employees may begin using accrued sick time immediately.
3. For purposes of paid sick leave, a covered family member includes children (biological, adopted, or foster child; stepchild; legal ward of the child of a worker standing in loco parentis to the child); parents; grandchildren; grandparents; spouses; registered domestic partners; parents of a domestic partner; siblings; any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship; a “designated person” which is a person identified by the employee at the time the employee requests paid sick leave, and limited to one designated person per 12- month period; and any other individual required by applicable law.
4. For purposes of this policy, “qualifying act of violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime: domestic violence; sexual assault; stalking; or an act, conduct, or pattern of conduct that includes any of the following: In which an individual causes bodily injury or death to another individual; In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
5. An employee’s use of sick leave will not be conditioned upon the employee searching for or finding a replacement worker for their period of absence.
6. Unless the employee advises CPA otherwise, we will assume, subject to applicable law, that employees want to use available sick leave for absences for reasons set forth above and employees will be paid for such absences to the extent they have sick leave available.
If the employee does not have sick leave available, employees must use any available vacation time before taking unpaid time off not otherwise covered by statutory unpaid leave of absence.
7. All Full-Time Position employees shall be entitled to sick leave in the amount of one day per month, a total of 96 hours annually, prorated and accrued each pay period. Accrued sick leave will be carried over each year.
8. All Part-Time Position employees anticipated to work more than 30 calendar days shall accrue paid sick leave benefits at the rate of one hour for each 30 hours worked. Accrued sick leave will be carried over each year but will be capped at 80 hours.
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9. Exempt employees are assumed to work forty (40) hours in each workweek unless their normal workweek is less than forty (40) hours, in which case sick leave accrues based upon that normal workweek.
10. For purposes of paid sick leave, the “year” is the consecutive 12-month period beginning January 1st and ending on December 31st.
11. Sick leave will accrue during any CPA-paid leave of absence, but not during an unpaid leave of absence. If an employee uses all accrued sick leave, but needs additional time off from work, the additional time may be allowed but the leave will be unpaid.
12. Sick leave is paid at the employee’s base rate of pay at the time of absence, unless otherwise required by applicable law. Sick leave is not counted as hours worked for purposes of calculating overtime.
13. Unused sick leave will not be paid out at separation from employment. Employees who are rehired within one (1) year of separation from employment may be eligible for reinstatement of previously accrued and unused paid sick leave.
14. Employees may only take sick leave up to the available balance in their sick leave bank.
If an employee has a zero balance in their sick leave bank, time off must be preapproved by the Director, Human Resources and shall be unpaid, unless otherwise required by applicable law.
B. Reporting Absence Because of Illness or Injury
Any employee who is unable to report to work due to an illness or injury must notify the employee’s Supervisor or other designated person by telephone or other means of communication prior to the scheduled reporting time for work on the first day of absence unless emergency conditions make it not practicable under the circumstances to do so, as determined by the responsible Supervisor, in which case notice must be provided as soon as practicable. The Supervisor should also be contacted each additional day of absence for absences lasting three (3) or fewer consecutive days. Should an employee’s absence extend beyond three (3) consecutive workdays for medical illness or injury, a doctor’s release must be obtained and given to the Supervisor as soon as possible and prior to the employee’s return to work, to the maximum extent permitted by applicable law. The Supervisor must provide the doctor’s release to the Director, Human Resources and the release must be placed in the employee’s personnel file.
Pregnancy Disability Leave
A. Eligibility. Under the California Fair Employment and Housing Act (“FEHA”), employees who are disabled by pregnancy, childbirth or related medical conditions are eligible to take a pregnancy disability leave (“PDL”) and to request reasonable accommodation. Employees who are affected by pregnancy or a related medical condition are also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if such a transfer is medically advisable.
B. Leave Entitlement. Employees will be eligible to take unpaid Pregnancy Disability Leave (“PDL”) for any period or periods of actual disability caused by an employee’s pregnancy, childbirth or related medical conditions for up to four (4) months (the working days an employee normally would work in one-third of a year or 17.33 weeks or 122 days) per pregnancy. The employee will be returned to the same job when the employee is no longer disabled by pregnancy or, in certain instances, to a comparable job. For a Full-Time Employee Agenda Page 367
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who works 40 hours per week, “four months” is 693 hours of leave entitlement based on 40 hours per week times 17.33 weeks. If an employee's schedule varies from month to month, a monthly average of the hours worked over the four months prior to the beginning of the leave shall be used for calculating the employee's normal work month. However, a pregnancy-disabled employee who exhausts the employee’s four (4) months of PDL may also be entitled to additional leave under the FEHA, as a reasonable accommodation for a disability, and/or under the FMLA/CFRA (as applicable).
C. Usage. PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis. Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, childbirth, postpartum depression, loss or end of pregnancy, and/or recovery from childbirth or loss or end of pregnancy would all be covered by PDL. At the employee’s option, the employee can use any vacation or other accrued time off as part of the employee’s PDL before taking the remainder of the employee’s leave as unpaid leave. The employee may also be eligible for state disability insurance for the unpaid portion of the employee’s leave.
D. Notice. To receive a reasonable accommodation, obtain a transfer, or take a PDL, employees must provide sufficient notice so CPA can make appropriate plans – thirty (30) days advance notice if the need for the reasonable accommodation, transfer or PDL is foreseeable, or as soon as practicable if the need is an emergency or unforeseeable.
E. Medical Certification. Employees may be required to obtain a certification from their health care provider regarding their need for PDL or the medical advisability of an accommodation or a transfer, to the extent permitted by applicable law. Where required, the certification in support of a request for a reasonable accommodation should include:
1) a description of the requested reasonable accommodation or transfer; 2) a statement describing the medical advisability of the reasonable accommodation or transfer because of pregnancy; and
3) the date on which the need for reasonable accommodation or transfer became or will become medically advisable and the estimated duration of the reasonable accommodation or transfer.
Where required, a medical certification in support of a request for PDL is sufficient if it contains:
1) a statement that the employee needs to take pregnancy disability leave because the employee is disabled by pregnancy, childbirth or a related medical condition; 2) the date on which the employee became disabled because of pregnancy; and 3) the estimated duration of the leave.
Upon request, Human Resources will provide a medical certification form that can be taken to a health care professional. As a condition of returning from PDL, employees must obtain a release to return to work from a health care provider stating that they are able to resume their original job duties with or without a reasonable accommodation.
F. Benefits. CPA will maintain and pay for group health benefits during the employee’s PDL as if the employee was actively working during the leave, up to a maximum of four months within a 12-month period (commencing on the date the PDL begins). If employees take their full PDL and their full California Family Rights Act (“CFRA”) leave for baby bonding, CPA will maintain health coverage for up to seven months (see below for more details on CFRA).
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G. Leave is Unpaid. PDL is unpaid. However, at an employee’s option, an employee may use any accrued paid time off as part of PDL before taking the remainder of leave on an unpaid basis. The use of any paid leave will not extend the duration of PDL. We encourage employees to contact the EDD regarding eligibility for state disability insurance for the unpaid portion of leave.
H. Leave Concurrent with Family and Medical Leave. For employees who are eligible for leave under the federal Family and Medical Leave Act, PDL will also be designated as time off under the Family and Medical Leave Act, but not the California Family Rights Act. Please refer to the “Family and Medical Leave” policy in this Handbook for additional information.
I. Return to Work. Employees who do not return to work on the originally scheduled return date or request in advance an extension of the agreed upon leave with appropriate medical documentation may be deemed to have voluntarily terminated employment with CPA.
Failure to notify CPA of (1) the ability to return to work when it occurs or (2) continued absence from work because leave must extend beyond the maximum time allowed may be deemed a voluntary termination of employment with CPA, unless you are entitled to Family and Medical Leave or other leave pursuant to applicable law. Taking PDL may impact certain benefits, such as vacation allocation amount and paid sick leave accruals. For more information regarding eligibility for a leave and the impact of the leave on seniority and benefits, please contact Human Resources.
Family Medical Leave Act and California Family Rights Act A. Permissible Purposes of FMLA/CFRA: The federal Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) provide eligible employees the opportunity to take unpaid, job-protected leave for certain specified reasons. FMLA and/or CFRA leave may be taken for any one, or a combination of, the following reasons:
1. bonding and/or caring for the employee’s newborn child;
2. the placement of a child with the employee in connection with an adoption or foster care and to care for the newly placed child;
3. to care for the employee’s spouse, child, or parent (but not in-law) with a serious health condition;
4. to care for the employee’s registered domestic partner, grandparent, grandchild, sibling, parent-in-law, or designated person selected at the time leave is requested (an employee is limited to one designated person per 12-month period) with a serious health condition (CFRA only, except when grandparent, grandchild, or sibling meets FMLA definition of parent or child);
5. due to the employee’s own serious health conditions* that prevents the employee from performing one or more of the essential functions of the employee’s position;
6. because of a qualifying exigency arising out of the fact that an employee’s spouse, registered domestic partner, child, parent, or parent-in-law is a military member on covered active duty status (or has been notified of an impending call or order to covered active duty status) in the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation or Regular Armed Forces for deployment to a foreign country (leave taken for a registered domestic partner or parent-in-law counts towards CFRA only); or
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7. Military caregiver leave for an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness. *Disability or serious health condition due to pregnancy, prenatal medical care or childbirth is FMLA covered leave but does not count toward CFRA leave. Please see the Pregnancy Disability Leave policy for further information on this type of leave.
Employees who are CFRA-eligible have certain rights to take both a pregnancy disability leave (“PDL”) and a CFRA leave for reason of the birth of a child.
To the maximum extent permitted by law, any leave of absence that is granted to an employee under this policy or any other policy for a purpose specified above shall be credited against the applicable 12-week or 26-week limit contained in this policy.
B. Definition of Serious Health Condition: Under the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves a period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a medical care facility, hospice, or residential health care facility; or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job or prevents the qualified family member from participating in school or other daily activities.
Under the CFRA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with such inpatient care, or any period of incapacity; or continuing treatment by a health care provider, including but not limited to treatment for substance abuse. The CFRA defines “inpatient care” broadly and includes a stay in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with inpatient care, or any period of incapacity. A person will be considered an “inpatient” when they are formally admitted to a health care facility with the expectation that they will remain at least overnight and occupy a bed, even if the person is ultimately discharged or transferred to another facility and does not actually remain overnight. The CFRA defines “incapacity” as the inability to work, attend school, or perform other regular daily activities due to a serious health condition, its treatment, or the recovery that it requires.
C. Continuing Treatment Requirement: Under the FMLA and CFRA, subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
D. Military Exigency: Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty, and attending post-deployment reintegration briefings.
A “covered servicemember” is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as “current members of the Agenda Page 370
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Armed Forces.” Covered servicemembers also include a veteran who is discharged or released from military service under conditions other than dishonorable at any time during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. These individuals are referred to in this policy as “covered veterans.”
The FMLA definitions of a “serious injury or illness” for current Armed Forces members and covered veterans are distinct from the FMLA definition of “serious health condition” applicable to FMLA leave to care for a covered family member.
E. Leave of Workers’ Compensation and Paid Family Leave: A leave of absence in connection with a workers’ compensation injury/illness or for which an employee receives disability or State of California Paid Family Leave benefits shall run concurrently with FMLA/CFRA leave.
F. Length of Leave. If the reason for leave is common to both FMLA and CFRA, and, therefore, running concurrently, the maximum amount of FMLA/CFRA leave will be 12 workweeks in any 12-month period (with the exception of military caregiver leave). If the reason for leave is not common to both FMLA and CFRA and, therefore, not running concurrently, then an eligible employee may be entitled to additional leave under applicable law.
When the reason for leave is bonding leave or family care leave under FMLA and both spouses work for CPA and are eligible for leave under this policy, the spouses will be limited to a total of 12 workweeks off between the two (2) of them under FMLA. However, CPA will not limit the employees’ entitlement to CFRA for any qualifying reason.
The maximum amount of FMLA leave for an employee wishing to take military caregiver leave will be a combined leave total of 26 workweeks in a single 12-month period, which begins on the date of the employee’s first use of such leave and ends 12 months after that date.
FMLA/CFRA leave usually will be taken for a period of consecutive days, weeks, or months.
However, employees are also entitled to take FMLA/CFRA leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered servicemember. Intermittent leave can also be taken for any qualifying exigency.
Intermittent or reduced work schedule leave may be taken for absences where the employee or family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if they do not receive treatment by a health care provider.
Employees are also eligible for intermittent leave for bonding with a child following birth or placement. The CFRA generally permits employers to require that intermittent leave for bonding purposes be taken in two-week increments, so long as the employer allows two occasions where the leave may be for less than two weeks. CPA generally does not restrict intermittent leave, allowing for employees to take intermittent leave as needed for purposes of child bonding. However, CPA reserves the right to apply intermittent leave consistent with applicable law at its discretion.
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G. Eligible Employees. An employee’s eligibility is determined from the date the FMLA and/or CFRA leave is scheduled to begin, not the date of notice. An employee can request FMLA and/or CFRA leave before meeting the eligibility requirement as long as eligibility is met by the first day of leave. Under FMLA and CFRA an eligible employee is one who meets the following criteria:
1. Has completed an aggregate of 12 months of CPA service in the preceding seven (7) years, which need not be consecutive;
2. Has worked at least 1,2501 hours during the 12-month period immediately preceding the first day of leave; and
3. Currently works at a location where there are at least 50 employees within 75 miles (FMLA only).
An employee who is not eligible for CFRA leave at the start of a leave because the employee has not met the 12-month length of service requirement can meet this requirement while on leave because leave to which the employee is otherwise entitled counts toward length of service requirement (but not the 1,250 hours requirement).
H. Identifying the 12-Month Period. CPA measures the period of 12 months in which leave is taken beginning with the first day of the employee uses FMLA and/or CFRA leave and starts their “leave year” if the employee is taking leave on a continuous basis. In cases of intermittent leave, the “leave year” is established by the certification date, even if the employee does not immediately have FMLA and/or CFRA absences. In addition, FMLA/CFRA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the child’s birth or placement.
I. Notification Responsibilities. When leave is foreseeable (e.g. expected date of birth or planned medical treatment), the employee must provide notice at least thirty (30) days’ notice before FMLA and/or CFRA leave is to begin. If thirty (30) days’ notice is not possible, due to lack of knowledge or an emergency, notice must be given as soon as possible absent extenuating circumstances.
An employee must consult with that employee’s Supervisor and make a reasonable effort to schedule the leave to not unduly disrupt CPA’s operation when planning intermittent leave for medical treatment for the employee or the employee’s family member. Employees are expected to consult with their Supervisor prior to the scheduling of treatment in order to work out a schedule which best suits the needs of both the department and the employee. If an employee neglects to consult with the Supervisor, the Supervisor may initiate discussions with the employee and require the employee to attempt to make such arrangements, to the extent permitted by applicable law.
Employees requesting FMLA/CFRA leave are entitled to receive written notice from CPA telling them whether they are eligible for FMLA and/or CFRA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA/CFRA leave, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave; 2) CPA’s designation of leave as FMLA/CFRA-qualifying or non-qualifying, if not 1 Special hours of service requirements apply to airline flight crew employees.
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FMLA/CFRA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee’s leave entitlement.
It is the Director, Human Resources’ responsibility to designate FMLA and/or CFRA leave.
However, it is the employee’s obligation to provide the Director, Human Resources with sufficient information to allow the Director, Human Resources to make the designation.
Calling in “sick,” without providing the reasons for the needed leave, will not be considered sufficient notice for FMLA/CFRA leave under this policy. Employees must respond to CPA’s lawful questions to determine if absences are potentially FMLA/CFRA-qualifying.
If employees fail to explain the reasons for FMLA/CFRA leave, the leave may be denied.
When employees seek leave due to FMLA/CFRA-qualifying reasons for which CPA has previously provided FMLA/CFRA-protected leave, they must specifically reference the qualifying reason for the leave or the need for FMLA/CFRA leave.
CPA will respond to a leave request within 5 business days. Once given, approval shall be deemed retroactive to the date of the first day of the leave. CPA may designate FMLA/CFRA leave retroactively with appropriate notice and provided that doing so does not cause harm or injury to the employee. In other cases, CPA and employee can mutually agree that leave is retroactively designated as FMLA/CFRA leave.
J. Certification by Health Care Provider. If an employee requests a leave due to a serious health condition of the employee or a family member, the employee must support the request with a certification issued by the health care provider of the individual with the serious health condition. The certification should include the following information:
1. The date, if known, on which the serious health condition commenced;
2. The probable duration of the condition (if known);
3. an estimate of the amount of time that the health care provider believes that the employee needs to care for the individual requiring the care; and
4. a statement that the serious health condition warrants participation of a family member to provide care during a period of treatment or supervision of the individual requiring care (if applicable).
If an employee requests intermittent leave for planned medical treatment, the certification should specify the dates on which such treatment is expected to be given and the duration of such treatment. If the time estimated by the health care provider under (3) above expires, the employee must submit a recertification if the employee desires additional leave. In addition, extensions generally will not be granted that cause the total period of the leave to exceed the applicable 12-week or 26-week limitation identified above, unless otherwise provided by applicable law.
Second or third certifications will be required from health care providers only in the event CPA has reason to doubt the initial certification of an employee’s need for leave due to the employee’s own serious health condition. Recertification of the need for leave due to an employee’s or family member’s serious health condition will be requested only when the original certification has expired.
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K. Health Insurance Benefits. During FMLA and/or CFRA leave, CPA will fully cover the cost of health care premiums, maintaining group health plan coverage for eligible employees as if they had continued working. Employees who choose not to receive CPA’s health care coverage may instead elect a medical, dental, and vision cash-out option. This benefit, whether in the form of premium payment or cash-out, will continue throughout the duration of the employee’s FMLA/CFRA leave or any other statutory leave.
Upon exhaustion of statutory leave protections, CPA’s obligation to cover health care premiums or provide the medical cash-out benefit will end. After this point, health plan coverage may be available under COBRA or other applicable continuation rights, as permitted by law..
L. Substitution of Paid Leave for Unpaid Leave. Employees must use accrued vacation or paid sick leave (to the maximum extent permitted by applicable law) while on unpaid FMLA/CFRA leave. The substitution of paid time for unpaid FMLA/CFRA leave time does not extend the length of FMLA/CFRA leaves and the paid time will run concurrently with an employee’s FMLA/CFRA entitlement.
Upon written request, CPA will allow employees to use accrued vacation or paid sick leave to supplement any applicable paid disability, Workers’ Compensation or other monetary benefits. Receipt of disability benefits, Workers’ Compensation benefits or other monetary benefits does not extend the maximum amount of leave time to which an employee is eligible under the FMLA/CFRA.
M. Employee Status. Employees will retain their employee status during the period of a family and medical leave. Moreover, their absence shall not be considered a break in service for purposes of determining their longevity or seniority. Once an employee returns from a leave, the employee will be credited with all seniority and service accrued before the leave of absence began. However, the employee will not accrue seniority during the leave.
N. Reemployment Privileges. Upon returning from FMLA/CFRA leave, employees will typically be restored to their original position or to an equivalent position with equivalent pay, benefits and other employment terms and conditions. Use of FMLA/CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA/CFRA leave. An employee who takes a leave of absence because of an employee’s own serious health condition must provide a medical certification verifying that the employee is able to return to work in the same manner as employees who return to work from other types of medical leave.
O. Failure to Return: If an employee fails to return to work as scheduled after FMLA/CFRA leave or if an employee exceeds the 12-week FMLA/CFRA entitlement, the employee will be subject to CPA’s other applicable leave of absence, accommodation and attendance policies. This may result in termination if the employee has no other CPA-approved leave available that applies to the continued absence, unless otherwise provided by applicable law.
P. Questions & Enforcement. If an employee has questions regarding this policy, please contact Human Resources. CPA is committed to complying with the FMLA and CFRA and, whenever necessary, shall interpret and apply this policy in a manner consistent with the FMLA and CFRA.
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The FMLA makes it unlawful for employers to: 1) interfere with, restrain, or deny the exercise of any right provided under FMLA; or 2) discharge or discriminate against any person for opposing any practice made unlawful by FMLA or involvement in any proceeding under or relating to FMLA. If employees believe their FMLA rights have been violated, they should contact Human Resources immediately. CPA will investigate any FMLA complaints and take prompt and appropriate remedial action to address and/or remedy any FMLA violation. Employees also may file FMLA complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA violations.
Other State Family Medical Leaves (Non-California Employees) In addition to FMLA, CPA complies with the requirements of all state family and medical leave laws. To the extent any applicable family leave law or ordinance provides any greater rights than those set forth above, such provisions are incorporated by reference and/or addressed in a supplemental guidance for covered employees. If you are an employee outside of California, please contact Human Resources with questions regarding your entitlement to family and medical leave under state law.
Paid Parental Leave
In an effort to give parents additional flexibility and time to bond with a new child, CPA will provide up to twelve (12) weeks of fully Paid Parental Leave to eligible employees at their regular rate of pay in connection with the birth of an employee’s child or the placement of an adopted or foster child within an employee’s home. Paid Parental leave is not designed to coordinate with California’s State Disability and/or Paid Family Leave (“PFL”) benefits. The employee should not apply for State Disability and/or PFL wage replacement benefits during an employee’s Paid Parental Leave.
A. Eligibility
To be eligible under this policy, the employee must have successfully completed their introductory evaluation period, and meet one of the following criteria:
• Have given birth to a child; or
• Be a spouse or committed partner of an individual who has given birth to a child either as the intended parent or via surrogate; or
• Have adopted or are fostering a child who is 17 years old or younger; this does not apply to the adoption of a stepchild by a stepparent.
Parental Leave described in this policy shall be available for a 12-month period following the birth, adoption, or fostering of a child. Upon exhaustion of paid parental leave, employees on continued approved unpaid leave of absence may elect to apply for State Disability and/or PFL wage replacement benefits and may elect to supplement the payments received under these programs by using sick or vacation to receive 100% of the employee’s salary. The fact of multiple births, adoptions, or foster placements does not increase the length of Parental Leave. This leave runs concurrently to FMLA and/or CFRA leave as applicable, as well as any other applicable state family medical leave, to the maximum extent permitted by applicable law.
B. Leave Notice
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Employees shall notify the Director, Human Resources of the need for Parental Leave and include the estimated timing and duration of such leave at least sixty (60) calendar days in advance of the need for leave, where practical. If the need for leave under this policy is not foreseeable, employees must give notice of the leave to their Supervisor as soon as practical.
Bereavement Leave
A. All employees shall be entitled to three (3) days paid leave and an additional two (2) days of unpaid leave in the event of a death of a qualifying family member of the employee. Qualifying family members include:
• Parents
• Siblings/siblings-in-law
• Grandparents
• Parents-in-law
• Spouse or registered domestic partner
• Children
• Grandchildren
• Any other person whose association with the employee is similar to “immediate family,” with advance approval of the Chief Administrative Officer or Director, Human Resources.
B. The five (5) days do not need to be taken consecutively; they can be intermittent. However, the employee must complete the bereavement leave within three (3) months of the family member’s date of death.
C. An employee must provide reasonable notice to the employee’s Supervisor of the intent to use bereavement leave.
D. CPA may require that the employee provide documentation of the death of the family member, including a death certificate, published obituary, or written verification of death, burial, or memorial services. The documentation, if requested, must be provided within 30 days of the first day of bereavement leave. The request for leave and any related documentation will be maintained as confidential, and only disclosed as required by law.
E. Any paid portion of bereavement leave will be paid at the employee’s base rate of pay at the time of absence for the number of hours the employee otherwise would have worked that day. Bereavement leave is not counted as hours worked for purposes of calculating overtime.
F. Employees may use available sick or vacation leave for any portion of unpaid bereavement leave taken this section. The substitution of paid time for unpaid leave time does not extend the length of leave and the paid time will run concurrently with an employee’s bereavement leave entitlement.
Paid Caregiver Leave
A. An employee who has been employed with CPA for at least one (1) calendar year and who is off work to care for the employee’s parent or stepparent with a serious health condition, may be eligible to receive paid caregiver leave (PCL) benefits for up to six (6) weeks in a 12- month period while on an approved unpaid leave of absence. Additionally, employees may Agenda Page 376
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receive no more than a cumulative total of twelve (12) weeks of PCL taken under this policy throughout their employment with CPA.
B. For purposes of this policy, a serious health condition shall follow the same definition as provided under CPA’s Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) policy. Covered family members include the employees parent or step-parent.
C. Eligible employees on an approved leave of absence will receive a weekly monetary benefit of up to 100% of the employee’s average weekly wage for up to six (6) weeks while on leave.
To the extent any employee takes an approved leave on an intermittent basis, PCL benefits may also be utilized for such periods of leave.
D. Employees will not be permitted to utilize PCL and paid time off benefits to receive payment above their regular rate of pay.
E. Receipt of PCL benefits will not affect an employee’s eligibility to receive benefits continuation during an approved leave of absence, if such continuation is required by applicable law.
F. Employees who need to take time off work for any of the reasons set forth above may contact the Director, Human Resources for information about CPA’s PCL program and how request benefits. Employees should maintain regular contact with the Director, Human Resources while absent from work so CPA may monitor employees’ return-to-work status.
G. Any time off for PCL purposes will run concurrently with other leaves of absence, such as Family and Medical Leave/California Family Rights Act Leave, if applicable. Please see the “Family and Medical Leave/California Family Rights Act” policies for eligibility requirements.
H. PCL is a CPA-provided benefit only and not otherwise required by law, and as such is subject to modification at any time, including discontinuation, with or without notice, at the sole discretion of CPA.
Jury Duty and Witness Leave
A. CPA encourages employees to fulfill their civic responsibilities by serving jury duty when required or to be a witness in a legal proceeding. It is the policy of CPA to pay a maximum of 40 hours for jury duty service, unless otherwise required by applicable law. However, should it be deemed necessary to serve beyond the maximum number of paid days, the employee should notify the Director, Human Resources in advance who may exercise the option of extending the number of paid hours. For non-exempt employees, jury duty pay will be calculated on the employee’s regular pay rate times the number of hours the employee would otherwise have worked on the day of absence. Exempt employees will receive full pay while serving up to five (5) days of jury duty, however, should that time extend further, exempt employees’ salaries will not be reduced for jury duty, except for weeks in which they perform no work for CPA. Employees may elect to use any available vacation time during an otherwise unpaid jury duty leave. The substitution of paid time for unpaid leave time does not extend the length of leave and the paid time will run concurrently with any jury duty leave entitlement. An employee may be required by law to appear in court as a witness for a non-CPA related matter. CPA provides unpaid time off for this purpose. Employees may elect to use any available sick or vacation time during an otherwise unpaid witness leave.
B. Employees must show the jury duty or witness summons/subpoena to their Supervisor as soon as possible so that the Supervisor may plan to accommodate the employee’s absence.
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The employee is expected to report for work whenever the court schedule permits, to the extent permitted by applicable law. Upon completion of such service, the employee must furnish a Certificate to CPA from the court showing dates served. Failure to provide CPA with a certificate from the court will be treated as an unpaid absence from work.
Employees may retain any mileage allowance or other fee paid by the court for jury services.
C. Either CPA or the employee may request that the court excuse an employee from jury duty if, in CPA’s judgment, the employee’s absence would create serious operational difficulties.
Workers’ Compensation
In accordance with state law, CPA provides insurance coverage for employees in case of a work-related injury. CPA or its insurance carrier may not be liable for the payment of workers’ compensation benefits for any injury which arises out of an employee’s voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee’s work-related duties. To ensure that employee receives any workers’ compensation benefits to which employee may be entitled, employee will need to:
• Immediately report any work-related injury to employee’s Supervisor. • Seek medical treatment and follow-up care if required. • Complete a written Employee’s Claim Form (DWC Form 1) and return it to employee’s Supervisor.
• Provide CPA with certification from employee’s health care provider regarding the need for workers’ compensation disability leave and/or the employee’s ability to return to work from the leave.
Other Leave
A. Family School Partnership Leave
In accordance with Labor Code Section 230.7, upon reasonable advance written notice to an employee’s Supervisor, an employee who is the parent or guardian of a pupil may take time off to appear in the school of that pupil pursuant to a request made under Education Code Section 48900.1.
B. Family School Partnership Leave (School or Child Care Related Activities)
1. In accordance with Labor Code Section 230.8, upon reasonable advance written notice to an employee’s Supervisor, an employee who is the parent, guardian, or grandparent of a child who is in kindergarten, grades one through twelve, inclusive, or attending a licensed child care provider, is entitled to take unpaid leave to participate in activities of that child’s school or licensed child care provider. Leave may also be taken to address a child care provider or school emergency.
2. Employees are eligible for 40 hours of unpaid leave per year for family school leave. Leave taken to participate in activities of the employee’s child’s school or licensed child care provider may not exceed eight (8) hours in any calendar month. The total amount of leave is per employee and is not conditioned on the number of children, grandchildren, or wards that the employee may have. Upon return to work, the employee must provide the Agenda Page 378
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employee’s Supervisor with reasonable written evidence that the employee participated in the school or child care activity at a specific date and time.
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3. Any employee who takes family school leave must use any available vacation or other appropriate paid leave for the period of the absence. However, if an exempt employee does not have paid leave benefits available to cover some or all of the period of the absence, the employee’s salary shall not be affected.
C. Leave for Qualifying Acts of Violence
1. An employee who is a victim or whose family member is a victim of a qualifying act of violence, may take up to twelve (12) weeks of unpaid leave in any 12-month period for the following reasons:
• To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim. • To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence. • To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
• To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence. • To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
• To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
• To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
• To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence. • To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
• To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
2. If any employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employee may only take a leave of ten (10) days under this policy. If an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave to relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare, the employee may only take leave for five (5) days.
3. For purposes of this policy, “family member” means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, or designated person. “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the Agenda Page 380
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employee at the time the employee requests the leave may only designate one person per 12-month period.
4. For purposes of this policy, “qualifying act of violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
• domestic violence;
• sexual assault;
• stalking; or
• an act, conduct, or pattern of conduct that includes any of the following:
o In which an individual causes bodily injury or death to another individual; o In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or o In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
5. CPA may require proof of an employee’s participation in these activities. Whenever possible, employees must provide the Director, Human Resources reasonable notice before taking any time off under this policy.
6. Leave under this policy is unpaid, but employees may substitute any paid vacation or sick time off benefits for the unpaid leave provided under this policy. Leave under this policy does not extend the time allowable under the “Family and Medical Leave Act” and “California Family Rights Act” Policies.
7. No employee will be subject to discrimination or retaliation because of the employee’s status as a victim or whose family member is a victim of a qualifying act of violence. An employee who is a victim, or whose family member is a victim, of a qualifying act of violence may request workplace accommodations such as a transfer, schedule modification, safety measures, or referral to victim assistance. CPA will engage in a good faith interactive process to determine reasonable accommodations, considering any immediate danger, as long as it does not cause undue hardship on business operations.
D. Leave for Volunteer Firefighters, Reserve Police Officers, and Emergency Rescue Personnel
1. Leave for Emergency Duty. In accordance with Labor Code Section 230.3, an employee may take time off to perform emergency duty as a volunteer firefighter, reserve police officer, or emergency rescue personnel.
2. Leave for Training. In accordance with Labor Code Section 230.4, an employee who is a volunteer firefighter, reserve police officer, or emergency rescue personnel may take up to 14 days of unpaid leave per calendar year for the purpose of engaging in fire or law enforcement training. Leave under this policy is unpaid, but employees may substitute any accrued paid time off benefits for the unpaid leave provided under this policy.
E. Civil Air Patrol Leave
Employees who volunteer as part of the California Wing of the civilian auxiliary of the United States Air Force (known as “Civil Air Patrol”) may be entitled to an unpaid leave of absence to respond to certain emergency situations. Eligible employees may take up to 10 days per calendar year of unpaid Civil Air Patrol Leave to respond to an emergency Agenda Page 381
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operational mission of the California Wing of the Civil Air Patrol. Leave is limited to three (3) days on any one occasion but may be extended if authorized by the government entity that called for the mission and if CPA agrees. This leave is not applicable to employees who are required to respond to emergency operational missions as a first responder or disaster services worker for a local, state, or federal agency.
To be eligible for leave under this policy, the employee must have been employed by CPA for at least 90 days immediately preceding commencement of the leave. An employee is required to provide CPA with as much notice as possible of the intended leave dates. CPA may require an employee to submit certification from the Civil Air Patrol to verify the employee’s eligibility.
During this leave, employees may elect to substitute vacation benefits if available. Upon expiration of this leave, an employee is entitled to reinstatement to the same or an equivalent position, consistent with applicable law.
F. Military Leave
If an employee is called to active duty in the U.S. military, Reserves, or California National Guard, they are eligible for unpaid military leave of absence in accordance with state and federal law. Eligible employees must present their supervisor or the Director, Human Resources with a copy of their service papers as soon as received. During an employee’s absence, their length of service continues to accumulate, and their benefits will continue as required by applicable law. Upon application within the appropriate time period after the employee’s date of discharge from military service, they will receive the then-current rate of pay and the then-current benefits.
If an employee is required to attend yearly Reserves or National Guard duty, the employee may apply for an unpaid temporary military leave of absence not to exceed 17 days (including travel).
If an employee prefers, they may use their earned vacation time for this purpose. Employees should give their supervisor as much advance notice as possible so the Company can ensure proper coverage while the employee is on leave.
G. Time Off For Military Spouses
If an employee works, on average, at least twenty (20) hours per week and their spouse is a qualified member of the United States Armed Forces, the National Guard, or the Reserves, the employee is eligible to take leave for a period of up to ten (10) days while their spouse is home during a qualified leave period. Within two (2) business days of receiving official notice that their spouse will be on leave, the employee must provide notice to their supervisor or the Director, Human Resources of their intent to take military spouse leave. The employee must submit written documentation to their supervisor or the Director, Human Resources certifying that during the requested time off, their spouse will be on leave from deployment during a period of military conflict. Leave granted under this policy is unpaid. Leave under this policy is unpaid, but employees may substitute any paid vacation time off benefits for the unpaid leave provided under this policy.
For the purposes of this policy, the following definitions apply:
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“Qualified Member” means any of the following:
(a) A member of the U.S. Armed Forces who is deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States; or
(b) A member of the National Guard who is deployed during a period of military conflict; or
(c) A member of the Reserves who is deployed during a period of military conflict. “Period of Military Conflict” means any of the following:
(a) A period of war declared by the U.S. Congress; or
(b) A period of deployment for which members of the Reserves are ordered to active duty.
“Qualified Leave Period” means the period during which the qualified member is on leave from deployment during a period of military conflict.
H. Organ and Bone Marrow Donation Leave
Employees who have been employed at least ninety (90) days may request a paid leave of absence of up to thirty (30) business days in a one-year period to donate an organ to another person, or up to five (5) business days in a one-year period to donate bone marrow. An additional unpaid leave of up to 30 business days in a one-year period may be granted to an employee donating an organ. The one-year period is 12 consecutive months measured from the date the employee’s leave begins. Employees must support the request for leave with written verification that the organ or bone marrow donation is required by medical necessity.
CPA may require an employee taking bone marrow leave to use up to five (5) days of accrued vacation days for this leave, and an employee taking organ donation leave to use up to two (2) weeks of accrued vacation days for this leave.
Bone marrow and organ donation leave will not be designated as FMLA or CFRA (as applicable) leave time. Employees will receive health benefits for the duration of their leave as if they were working. Upon returning from such leave, employees will have a right to return to the same or equivalent positions they held before such leave. Absences due to bone marrow or organ donation leave do not count as a break in service for the purpose of the employee’s right to salary adjustments, sick leave, vacation and paid time off or seniority.
I. Voting Leave
Employees who are unable to vote during non-work hours may arrange in advance to take up to two (2) hours off, with pay, to vote in a public election, unless otherwise required by applicable law. Where possible, the employee’s Supervisor should be notified of the need for leave at least two (2) working days prior to the election day.
J. Alcohol and Drug Rehabilitation Leave
CPA will make reasonable accommodations by providing unpaid time off for any employee who voluntarily enters and participates in a drug or alcohol rehabilitation program, if it does not impose an undue hardship. Employees may use accrued sick leave during this period.
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CPA may also allow employees to use vacation leave or other paid time off. The duration of the time off is tied to the duration of the program.
This type of time off may also be covered by the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) if the employee is otherwise eligible and has a serious health condition. If so, CPA will follow the approval and medical certification process under FMLA/CFRA and inform the employee that the time off is designated as FMLA/CFRA time. The two leave obligations may run concurrently to the extent permitted by applicable law.
CPA will make reasonable efforts to maintain the confidentiality of the employee’s treatment to the extent possible. CPA is not obligated to continue to employ any person whose performance of essential job duties is impaired because of drug, alcohol, or marijuana use.
Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to complete treatment and/or rehabilitation, will not automatically be reemployed or given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect CPA’s treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.
K. Literacy Education Assistance
CPA will make reasonable accommodations by providing unpaid time off for any employee in an adult literacy education program, if it does not impose an undue hardship. CPA will comply with the Employee Literacy Education Assistance Act and reasonably accommodate an employee who reveals a literacy problem and requests assistance to enroll in an adult literacy education program.
CPA requires that employees provide proof of enrollment in an adult literacy education program and will take reasonable steps to keep the employee’s literacy problem confidential.
CPA may also allow employees to use vacation leave.
L. Reproductive Loss Leave
Employees who have been employed for at least 30 days will be provided with up to five (5) days of reproductive loss leave following a reproductive loss event. Employees who experience more than one reproductive loss event within a 12-month period are limited to twenty (20) days of reproductive loss leave in a 12-month period. For purposes of this policy, a reproductive loss event means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction via artificial insemination or an embryo transfer.
Leave may only be taken on regularly scheduled workdays. Leave does not need to be taken on consecutive days. Leave must be completed within three (3) months of the reproductive loss event, except that if an employee is on some other leave from work prior to or immediately following a reproductive loss event, the reproductive loss leave is available for use during the three (3) months following the end date of the other leave.
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Reproductive loss leave is unpaid, except to the extent the employee is eligible for paid leave for these purposes under other CPA policies. An employee may elect to use accrued vacation or sick leave to receive pay during any unpaid leave taken under this policy. Leave provided pursuant to this policy will run concurrently with any other applicable leave of absence for covered reasons, to the maximum extent permitted by applicable law. The substitution of paid time for unpaid leave time does not extend the length of leave and the paid time will run concurrently with an employee’s reproductive loss leave entitlement.
Employees must inform their supervisor prior to commencing reproductive loss leave.
CPA will maintain the confidentiality of any employee requesting leave under this policy including information provided to CPA related to a request for leave.
M. Other Leave Policies (Outside of California)
Employees working in states outside of California may be eligible for additional leave benefits. Please see Human Resources for additional information.
Personal Leaves of Absence Without Pay
A. Request for a Personal Leave of Absence Without Pay. When an employee has exhausted all the employee’s paid leaves, the employee may request a leave of absence without pay in accordance with this Section. The employee must submit a written request to the employee’s Supervisor for a leave of absence without pay, along with any supporting documentation. The Supervisor must forward the request, along with any supporting documentation to Director, Human Resources for consideration by the Chief Executive Officer.
B. Authority to Grant a Personal Leave of Absence Without Pay. The Chief Administrative Officer may grant a regular or probationary employee leave of absence without pay for a period not to exceed three (3) months. After three months, the leave of absence may be extended by an additional three (3) months if the employee submits a further written request, along with supporting documentation, that is authorized by the Chief Executive Officer. The approval or rejection of the Chief Executive Officer will be in writing and may be communicated by Human Resources on behalf of the Chief Executive Officer. An employee may not be granted more than six months of a leave of absence without pay, unless otherwise provided by applicable law.
C. Return from Personal Leave of Absence Without Pay. Upon expiration of a regularly approved leave, the employee will be reinstated in the position held at the time leave was granted, provided such position continues to exist. An employee on leave who fails to report to duty promptly at its expiration will be subject to disciplinary action for being on an unauthorized absence. An employee who is absent for medical reasons may be required to demonstrate fitness for duty in accordance with CPA’s fitness for duty policy.
D. Mandatory Exhaustion of Paid Leaves. If an employee is requesting a leave of absence for medical reasons, the employee is required to first fully exhaust all the employee’s paid leaves in order to be eligible to receive a leave of absence without pay, to the maximum extent permitted by applicable law. If an employee is requesting a leave of absence for personal reasons, the Agenda Page 385
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employee is required to fully exhaust all the employee’s paid leaves, except sick leave, in order to be eligible to receive a leave of absence without pay.
Punctuality and Unauthorized Absences
A. Punctual and regular attendance is an essential responsibility of each employee at CPA.
Employees are expected to report to work as scheduled, on time and prepared to start working. Employees are also expected to remain at work for their entire work schedule. Late arrival, early departure or other absences from scheduled hours are disruptive and must be avoided. Excessive tardiness and/or absenteeism will result in disciplinary action, up to and including termination. This policy does not apply to absences covered by the FMLA, CFRA or leave provided as a reasonable accommodation under the Americans with Disabilities Act (“ADA”) or any other form of approved or protected leave.
B. When an employee has been absent without authorization from work for more than three (3) workdays, the Supervisor shall notify the Director, Human Resources. The Director, Human Resources shall notify the employee that CPA has determined the employee has abandoned the employee’s position and that the employee has seven (7) working days upon receipt of the notice to contact CPA regarding the employee’s intent to return to work. The notice shall also advise the employee that failure to contact CPA within the seven-day period shall be deemed an automatic Resignation effective on the eighth day. Such notice shall be in writing and sent by certified mail or personal service to the last address listed in the employee’s personnel records.
C. Abandonment of position may include, but is not limited to:
1. Where an employee fails to return to the employee’s position upon conclusion of any authorized leave of absence;
2. Where an employee fails to properly notify by telephone or in writing the employee’s immediate Supervisor of absence due to unexcused sickness or injury;
3. Where an employee fails to appear for work without notification or express agreement between the Supervisor and the employee as to the use of any leave time set forth in this Handbook;
4. Where an employee fails to keep the employee’s immediate Supervisor reasonably apprised of disability status; or
5. Where an employee fails to respond within seven (7) business days to the notice of abandonment of position.
D. Abandonment of position shall constitute a Resignation from CPA service, unless otherwise provided by applicable law.
SECTION 7: EMPLOYMENT RECORDS
Access to Personnel Files and Payroll Records
A. General provisions
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1. CPA maintains a personnel file on each employee. The personnel file may include such information as the employee’s job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records.
2. Personnel files are the property of CPA and shall be maintained by the employer in strict confidence. Access to the information contained therein is restricted, except as permitted by law. Only Supervisors and management personnel of CPA who have express authorization from the Chief Administrative Officer and a legitimate reason to review information in a file can do so without being subject to the procedures set forth in this Section.
3. Letters of reference, recruitment files, and reports regarding ongoing investigations concerning a current or former employee shall be excluded from the provisions of this Section, unless otherwise provided by applicable law. In addition, names of all non-supervisory employees generally shall be redacted from records to be provided under this Section.
B. Inspection of a Current or Former Employee’s Personnel File
1. A current or former employee wishing to inspect the employee’s personnel file must submit a written request to the Director, Human Resources. Proof of identity will be required to inspect personnel records for the employee’s file. The Director, Human Resources shall issue a written notice setting a date for the inspection of said records within thirty (30) days of receipt of the request, to take place during normal business hours.
With the requesting person’s written consent, the date for inspection may be extended on one occasion by up to five (5) Days. If the requesting person is a former employee who was terminated for violation of CPA’s policy or law involving harassment or workplace violence, CPA shall have discretion to mail a copy of the personnel file at CPA’s expense instead of scheduling an in-person inspection.
2. A current employee may inspect the employee’s records at the place the employee reports to work or may instead consent to inspect the employee’s personnel file in the Director, Human Resources’ office without loss of compensation. Inspection by former employees and authorized representatives shall take place with the Director, Human Resources unless otherwise mutually agreed in writing by CPA and may require additional reasonable proof of identity.
3. A Director, Human Resources or other authorized employee generally must be present throughout the inspection. No personnel files or contents of personnel files shall be removed from the place of inspection without advance written authorization from the Chief Administrative Officer.
C. Obtaining Copies of a Current or Former Employee’s Personnel File
1. A current or former employee wishing to obtain copies of documents or other materials in the employee’s personnel file in person or by mail must submit a written request to the Director, Human Resources along with reasonable proof of identity. A current or former employee who seeks to authorize another person to obtain copies of the employee’s personnel file must provide a satisfactory written authorization along with the written Agenda Page 387
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request. Reasonable proof of identity may be required at the time of in-person pick up of requested documents.
2. The Director, Human Resources shall issue a written notice setting a date on which the requested copies may be picked up in person during the normal business hours of CPA and identifying the cost of reproduction that must be paid to CPA at the time of pick up. The date for in-person pick up of the documents shall be no more than thirty (30) days after receipt of the request in Human Resources. With the requesting person’s written consent, that date may be extended on one (1) occasion by up to five (5) calendar days. If the requesting person is a former employee who was terminated for violation of CPA Handbook or law involving harassment or workplace violence, the Director, Human Resources shall have discretion to mail a copy of the personnel file at the expense of CPA instead of scheduling an in- person pick up.
3. If the requesting person chooses delivery by mail instead of in-person pick up, the notice provided by Director, Human Resources shall also identify the additional actual postage expenses for which the requesting person must reimburse CPA prior to receipt of the copies, to the extent permitted by applicable law.
D. Obtaining Copies of a Current or Former Employee’s Payroll Records A current or former employee, by oral or written request, may request to receive and/or review a copy of their payroll records. Such request will be fulfilled by CPA within a reasonable period of time, but no later than 21 days of the request, unless otherwise allowed by applicable state law. Employees requesting copies may be charged the actual cost of reproduction.
Personnel Data Changes
It is the responsibility of each employee to promptly notify CPA of any changes in personnel data. Employees must ensure that personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other pertinent information, are always accurate and current.
Employment Verification and References
It is CPA policy that the Chief Executive Officer or the Director, Human Resources are authorized to respond to requests for verification of employment from financial institutions, etc. No other Supervisor or employee is authorized to provide employment verification for current or former employees.
CPA relies upon the accuracy of information contained in the data presented throughout the hiring and employment process. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in exclusion of the individual from further consideration for employment or, if the individual has been hired, Termination of employment.
To help to ensure that individuals who join CPA are well qualified and have a strong potential to be productive and successful, it shall be the policy of CPA to check employment references of prospective employees.
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Additionally, CPA will provide references upon written request concerning any present or past employment at CPA. Human Resources may respond with confirmation of dates of employment and position held. If authorized by the employee in writing, CPA will also provide information on the amount of salary or wages earned by the employee. All responses from CPA will be made in writing.
SECTION 8: GENERAL WORKPLACE RULES
Safety
Establishment and maintenance of a safe work environment is the shared responsibility of CPA and employees from all levels of the organization. Employees are expected to obey safety rules and to exercise caution in all their work activities. Employees are strongly encouraged to immediately report any unsafe conditions to their Supervisor. Employees at all levels of the organization are expected to correct unsafe conditions within their control as promptly as possible.
Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report, or where appropriate, remedy such situations, may be subject to disciplinary action, up to and including Termination of employment.
All accidents that result in injury must be reported to the appropriate Supervisor, regardless of how insignificant the injury may appear. Such reports are necessary to comply with laws and initiate insurance and workers compensation benefits procedures, where applicable.
Business Use of Personal Vehicles
A. In general, employees may be required to use their private vehicles to carry out their regular job responsibilities. For this use, employees must comply with California law (or the law applicable to the state in which they are operating their vehicle for CPA-related work). Such employees are subject to the provisions of this Section.
B. Use of Cell Phones While Driving
1. Cell phone use should be avoided whenever it might create an unsafe driving situation. In accordance with California law and any other applicable state law, it is against CPA’s policy to use a handheld cellular phone while operating a motor vehicle. Employees making or receiving cell phone calls while driving are required to use a hands-free device.
2. In accordance with California law and any other applicable state law, text-based communication while driving is prohibited. Specifically, writing, sending, or reading text-based communication including text messaging, instant messaging, and e-mail, on a wireless device or cell phone while driving is prohibited.
3. Failure to follow the provisions of this Handbook, or any policy, may result in disciplinary action, up to and including termination.
C. Driving Responsibilities
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certain that employees who have driving responsibilities do not place CPA, employees, or members of the general public at risk.
In keeping with this policy, CPA requires that employees with driving responsibilities maintain safe driving records as a condition of employment and continued employment.
Individuals who fail to maintain such driving records may become unsuitable for their positions. In such cases, CPA reserves the right to discipline or terminate employees with driving responsibilities whose driving records become unsatisfactory, in the sole discretion of CPA, to the maximum extent permitted by applicable law.
In order to verify an individual’s driving status, CPA may require the employees or job applicants to furnish all or portions of their driving record from the Department of Motor Vehicles or may ask them to sign any necessary authorizations that are required or appropriate to request records directly from the Department of Motor Vehicles. Subject to any limitations imposed by state or federal law, individuals must cooperate fully with any request for records or request for an authorization to seek such records from an appropriate agency or entity.
CPA Property and Equipment
A. Use of Property and Property Issued in General
1. Employees are prohibited from being on CPA property or using its facilities or property while not on duty, or for personal use at any time.
2. Work equipment, tools, and materials are provided by CPA to its employees for the sole purpose of performing work-related tasks. Work tools are the property of CPA, and it is the responsibility of the employee to use and maintain them appropriately. Deliberate carelessness or misuse of CPA’s property, or use without authorization, will not be tolerated and may result in disciplinary action being taken against the employee, up to and including Termination. Lost or misplaced property that has been issued to an employee must be reported immediately to the employee’s Supervisor.
3. CPA will issue laptops and business cell phones to employees upon request by employee and approved by the Supervisor and Director, Human Resources. a. Employees who use cell phones, whether personal or CPA-issued, are expected to confine the use of any personal calls in a way that should not disrupt others, occur during meetings, or interrupt work processes.
b. Employees who use electronic devices to conduct company business should be mindful that CPA is a public agency and as such is subject to public records requests. Communications related to the conducting of public business using a personal device or account may result in employee’s device/account information being subject to public disclosure.
4. Upon Resignation or the Termination of employment, or at any other time CPA so requests, employees are required to return all items and property issued to them.
5. To the extent permitted by law, CPA reserves the right to charge employees the replacement value of any lost, misplaced, stolen, or deliberately or carelessly damaged CPA property.
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B. Cyber Security
The policy of CPA is to ensure that all information existing in a computerized form is properly safeguarded and that the automated processing involved in the collection, creation, manipulation, storage, retrieval, transmission, and display of information is similarly protected, both in a manner appropriate to the value of the information to the facility and its potential for unauthorized access, destruction, disclosure, or modification.
Any unauthorized acts against CPA’s Communications Systems may result in disciplinary action, up to and including dismissal. Each employee, therefore, must adhere strictly to the specific security measures and internal controls that are established for safeguarding the integrity and validity of a very valuable CPA asset.
CPA Communications Systems hardware, and any data collected, downloaded, and/or created or CPA Communications Systems described above are the exclusive property of CPA and may not be copied, shared, accessed, or transmitted to any outside party without prior written management approval or used for any purpose not directly related to the business of CPA.
Employees should not use a password, access a file, or retrieve any stored communication without authorization. Private information should not be kept on electronic communications systems. Any unauthorized access or use of CPA’s computer or other communication systems is strictly prohibited.
C. Electronic Systems and Privacy
Storage areas, work areas, the contents of electronic and conventional files, other CPA documents, file cabinets, credenzas, computer systems and software, office telephones, cellular telephones, any and all electronically issued technology, modems, facsimile machines, copy and scanner machines, tools, equipment, desks, voice mail, and electronic mail are the property of CPA, and need to be maintained according to CPA rules and regulations.
To safeguard and protect the proprietary, confidential and business-sensitive information of CPA, and to ensure that the use of all electronic systems and equipment is consistent with CPA’s legitimate business interests, authorized representatives of CPA may monitor the use of such systems from time to time without notice, which may include printing and reading materials, files on the system, list servers, and equipment.
Employees should be aware that e-mail messages, like CPA correspondence, and any and all messages sent electronically may be read by other CPA employees and outsiders under certain circumstances. While it is impossible to list all of the circumstances, some examples are the following: (1) during system maintenance of the e-mail system, (2)when CPA has business needs to access the employee’s mailbox, (3) when CPA receives a legal request that requires disclosure of e-mail messages, or (4) when CPA has reason to believe the employee is using e-mail in violation of CPA adopted policies or this Handbook. Employees shall use a designated CPA email account for all work-related email communication and should have no expectation of privacy in system usage. Employees should assume that their CPA email account may be accessed, forwarded, read, or heard by someone other than the intended recipient, even if marked as “private.”
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Telecommuting
Telecommuting allows employees to work at home, on the road or in a satellite location for all or part of their workweek. CPA considers telecommuting to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Most CPA employees have the option of telecommuting. Telecommuting is not an entitlement and it in no way changes the terms and conditions of employment with CPA. CPA reserves the right to modify or terminate these options at any time. All work options (including changes) must be approved by an employee’s supervisor and/or Human Resources in writing. Please contact Human Resources for additional information.
SECTION 9: LICENSE, MEMBERSHIPS, TRAINING & CONFERENCES CPA encourages the continued development of its professional, technical and managerial employees through participation in organizations that are directly relevant to the primary business of the agency.
It also recognizes the value of business publications in keeping employees informed of advances and trends in their specific career discipline and areas of responsibility.
A. Licenses/Memberships. CPA will sponsor memberships and professional licenses where they are likely to be used in the employee’s performance of their duties subject to availability of funds and approval of the employee’s Director.
B. Conferences/Training. Employees may request attendance at professional conferences or training which will benefit CPA and enhance the performance of the employee’s job responsibilities. Participation should be for the benefit of CPA and directly related to the job requirements of the employee. All efforts should be made to attend a conference/training which is offered locally or on-line. Training or conference attendance must be approved in advance by the employee’s Director. If a Certificate of Completion is provided, a copy must be provided to Director, Human Resources. All mandatory training required by CPA including but not limited to AB 1234 training, sexual harassment, and workplace violence prevention will be provided by or through CPA.
C. Travel. Travel for official company business is an important part of CPA. All trips outside of the greater Los Angeles and Ventura metropolitan area will be made with approval of the employee’s Director. Employees are expected to exercise good financial judgment when traveling. GSA rates are provided via hyperlink (https://www.gsa.gov/travel/plan-book/per-diem-rates) to the travel request form to ensure employees are aware of acceptable expenses.
A request for travel must be completed and approved by the employee's Director prior to the travel. Unapproved travel expenses may not be reimbursed.
Airfare should be booked at coach/economy class or the lowest fare available. Ground transportation arrangements should be at reduced rates where available and in all cases at reasonable prices. Employees are expected to use less costly ground transportation where it exists (i.e. public transportation if feasible, shared airport shuttles, standard cabs). Should a rental car be necessary, employees are required to rent compact vehicles unless there is a justification for a higher size. Any travel exceeding the requirement of this section must be justified and approved by the employee’s Supervisor.
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Meal expenses incurred by an employee for CPA business purposes will be reimbursed at the current per diem rates published by the Internal Revenue Service. Employees will not be reimbursed for alcohol purchase. Meal and lodging expenses in excess of Internal Revenue Service per diem rates must be approved by the Chief Executive Officer or Chief Administrative Officer.
Employees should submit their completed expense report along with required receipts no more than 30 calendar days after the month during which the expense was incurred. Reports that do not include required receipts will be denied reimbursement, to the extent permitted by applicable law. Additional information is available in CPAs Employee Expense Reimbursement Guidelines.
D. Miscellaneous Expenses
1. Expenses incurred for CPA business purposes, such as internet access at locations where there is a separate charge for internet access, where CPA’s hotspot data plan access is insufficient, and internet access is used to conduct CPA business, are reimbursable, with the approval of the employee’s Director where the expense is reasonable and necessary and supported by an expense reimbursement form including explanations and receipts.
2. Local Meal Expenses
a. Local meal expenses out of the office should be claimed infrequently and must be justified in terms of CPA benefit and are permitted only when authorized by the employee’s Director.
b. A written request to host an in-office meeting with food and attended by non-CPA personnel must be approved in advance by the Chief Executive Officer or Chief Administrative Officer and must include a list of expected attendees. c. In the event an CPA hosted meeting with food is provided, the request for reimbursement must verify the following:
i. That CPA business was discussed at the meeting;
ii. That at least one (1) attendee was non-CPA personnel; and iii. The names and titles of the actual attendees.
3. Reimbursement can be requested for food provided in-house in situations where work is required for completing CPA business and when it is impractical or difficult for staff to obtain their own meals. The employee’s Director must approve such expenditures in advance.
SECTION 10: PAY
Paydays
All employees are paid bi-monthly (the 15th and last day of each month). Each paycheck will include earnings for the current pay period.
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If the regularly scheduled payday falls on a day off, weekend or a holiday, employees will receive pay on the last day of work before the regularly scheduled payday.
Employees may have pay directly deposited into their bank account(s) if they provide advance written authorization to the Director, Human Resources. Employees will receive an itemized statement of wages when CPA makes direct deposits.
Payroll Deductions, Wage Attachments and Garnishments
State and federal payroll taxes will be withheld from your paycheck in accordance with state and federal law. These deductions include state and federal income tax, social security tax (FICA), state disability insurance (SDI) and Family Temporary Disability Insurance (FTDI) taxes. By law, CPA is also required to honor legal attachments and garnishments of an employee’s wages or salaries. If employee wages are attached, CPA will withhold the specified amount to satisfy the terms of the attachment.
Safe Harbor for Exempt Employees
Exempt salaried employees receive a salary that is intended to compensate for all hours worked for CPA. This salary is established at the time of hire. While it may be subject to review and modification from time to time, such as during salary review times, the salary is a predetermined amount that is not subject to deductions for variations in the quantity or quality of work.
Under federal and state law, exempt salaried employees’ salaries are subject to certain deductions.
For example, absent contrary state law requirements, exempt salaried employees’ salaries are subject to reduction for the following reasons:
• Full day absences for personal reasons;
• Full day absences for sickness or disability;
• Full day disciplinary suspensions for infractions of our written policies and procedures; • Family and Medical Leave absences (either full or partial day absences); • To offset amounts received as payment for jury and witness fees or military pay; or • The first or last week of employment in the event of less than a full week worked.
Exempt salaried employees’ salaries are also subject to reduction for their portion of health, dental, or life insurance premiums; state, federal, or local taxes; social security; or voluntary contributions to a 401(k) or pension plan.
In any workweek in which exempt salaried employees perform any work, their salary is not subject to reduction for any of the following reasons:
• Partial day absences for personal reasons, sickness, or disability; • Absence due to CPA’s decision to close a facility on a scheduled work day; • Absences for jury duty, attendance as a witness, or military leave in any week in which any work is performed; or
• Any other deductions prohibited by state or federal law.
However, subject to applicable state and local laws, it is not an improper deduction to reduce exempt salaried employees’ accrued vacation, personal, or other forms of paid time off banks for full or partial day absences for personal reasons, sickness, or disability.
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Employees who believe they have been subject to an improper deduction should report the matter to Director, Human Resources immediately. If Director, Human Resources is unavailable or is an inappropriate person to contact, or if a prompt and fully acceptable reply has not been received within five (5) business days, the Chief Administrative Officer should be contacted.
Every report of improper deductions will be fully investigated and corrective action, up to and including discharge, will be taken, as appropriate, for any employee(s) who violates this policy. In addition, CPA will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in CPA’s investigation of such reports. Retaliation is unacceptable, and any form of retaliation in violation of this policy may result in disciplinary action, up to and including discharge.
SECTION 11: EMPLOYEE CONDUCT
Rules of Conduct
To help to assure orderly operations and provide the best possible work environment, CPA expects employees to follow rules of conduct that will protect the interests and safety of all employees and CPA. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace, but the following are examples of infractions of rules of conduct that may result in disciplinary action, including Suspension or Termination of employment. These types of misconduct are provided for purposes of illustration only and in no way alter the at-will employment status of any CPA employees:
1. Theft or inappropriate removal or possession of property of CPA and/or CPA employees or others.
2. Falsification of records including, but not limited to, information provided on an application for employment and time-keeping records;
3. Violation of drug and alcohol abuse, as specified below, including but not limited to reporting for work, being subject to work, or being at work, under the influence of or in possession of alcohol, legal or illegal drugs;
4. Possession, distribution, sale, transfer, or use of alcoholic or illegal drugs in the workplace, while on duty, while operating employer owned vehicles or equipment, or while operating employee-owned vehicles or equipment in the conduct of CPA business;
5. Assault, battery, horseplay, fighting or threatening violence in the workplace or while on duty;
6. Carelessness, incompetence, inefficiency, or negligence.
7. Refusal or failure to follow a lawful management directive;
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9. Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; interfering with another employee on the job; or willfully restricting work output or encouraging others to do the same;
10. Fraud or malicious dishonesty;
11. Violation of safety or health rules;
12. Sexual or other harassment, discrimination, or retaliation in violation of CPA policy or applicable state or federal law;
13. Unauthorized possession of firearms, weapons or explosives on CPA property, or while on duty; or displaying or brandishing any firearm or weapon, whether in jest or otherwise, in any manner which can be construed as a careless, threatening or dangerous manner, except as required in the performance of official duties;
14. Unauthorized use of CPA’s electronic communications systems, including, but not limited to, telephones, email, mail system, or other equipment;
15. Improper use of CPA funds;
16. Acceptance or solicitation of bribes or extortion;
17. Excessive unexcused absenteeism or any unauthorized absence;
18. Sleeping on the job or leaving the job without authorization;
19. Failure to maintain job performance standards or to properly or satisfactorily perform assigned duties;
20. Failure to maintain any employment qualification;
21. Gambling on CPA property or during working hours;
22. Conviction of a felony, or conviction of a misdemeanor relating to the employee’s fitness to perform assigned duties (unless otherwise provided by applicable law); and/or
23. Violation of CPA policies.
Workplace Violence Prevention
A. Objectives
CPA is strongly committed to ensuring the safety of all CPA employees. Consistent with this policy, acts or threats of violence, including instilling fear, harassment, or coercion which involve or affect CPA employees will not be tolerated and will be subject to appropriate disciplinary action up to and including termination. The following are the objectives of CPA:
1. To ensure all workplace threats and violent behavior are addressed promptly.
2. To ensure the level of physical and facility security in CPA’s workplace is sufficient to protect the health and safety of CPA employees.
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3. To ensure that all disciplinary action taken for behavior prohibited under this Section is reviewed, evaluated, and administered consistently and equitably throughout CPA and done so in a timely manner.
B. Threats or Acts of Violence Defined
A credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for the employee’s safety, or the safety of the employee’s immediate family, and that serves no legitimate purpose. General examples of prohibited workplace violence include, but are not limited to the following:
1. Threatening to harm or harming an individual, the employee’s family, friends, associates, or their property;
2. Fighting or challenging another individual to a fight;
3. Instilling fear through direct or veiled verbal threats, or through physical threats, such as obscene gestures, grabbing, and pushing;
4. Making harassing or threatening telephone calls; sending harassing or threatening letters, emails, or other correspondence;
5. Instilling fear or attempting to coerce an employee to do wrongful acts that would affect the business interests of CPA;
6. Harassing surveillance or stalking, which is engaging in a pattern of conduct with the intent to follow, alarm, or harass another individual, which presents a credible threat to the individual and causes the individual to fear for the employee’s safety, or the safety of the employee’s immediate family, as defined in California Civil Code Section 1708.7;
7. Suggesting or otherwise intimating that an act to injure persons or property is appropriate behavior;
8. Possession of firearms (loaded or unloaded), weapons, or any other dangerous devices on CPA property. This includes look-alike weapons, such as toy guns. Weapons and dangerous devices may include, but are not limited to the following: blackjacks, slingshots, metal knuckles, explosive substances, dirks, daggers, gas- or spring-operated guns, knives, folding knives having a blade that locks into place, razor blades, and clubs; and/or
9. Use of a personal or CPA-issued tool or other equipment in a threatening manner toward another.
C. Reporting Workplace Violence
Any employee who is the victim of a threat or act of violence, or any employee who witnesses such conduct, should immediately report the incident to the employee’s Supervisor or other appropriate person in the chain of command. Should the employee perceive that the employee is in immediate danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act, the employee shall as soon as possible:
1. Place themselves in a safe location.
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2. If appropriate, call 911 and request immediate response of a police officer and be prepared to inform the police dispatcher of the circumstances and the exact location of where an officer is needed.
3. Inform a Supervisor or the Director, Human Resources of the circumstances.
4. Complete an incident report form as soon as possible to the Director, Human Resources.
5. Cooperate fully in any administrative or criminal investigation, which shall be conducted within existing policy and laws.
6. Direct all inquiries from the media about violence on CPA premises to the Chief Executive Officer.
D. Reporting Suspected Future Workplace Violence
Employees who have reason to believe they or any CPA employee may be the subject of a violent act in the workplace or as a result of their CPA employment, should immediately notify their Supervisor or the Director, Human Resources.
E. Violation of Section
The prohibition against threats and acts of violence applies to all persons involved in CPA’s operation, including but not limited to CPA employees, Interns, vendors, and anyone else on CPA property. Violations of this section by any individual may be followed by legal action as appropriate, which may include, seeking a temporary restraining order and/or injunction on behalf of CPA employees if the situation warrants such action. In addition to appropriate legal action, violations of this section by employees, may lead to appropriate disciplinary action, up to and including termination.
If any employee has questions regarding CPA’s Workplace Violence Prevention Plan, please reach out to Human Resources.
Drug and Alcohol Abuse
CPA is concerned about the use of alcohol, marijuana, illegal drugs, or controlled substances as it affects the workplace. Use of these substances whether on or off the job can adversely affect the employee’s work performance, efficiency, safety and health. The use, transfer, distribution, sale, being under the influence of, or possession of these substances on the job (regardless of whether on the premises, on duty, or operating a vehicle or potentially dangerous equipment owned by CPA) constitutes a potential danger to the welfare and safety of other employees and exposes CPA to the risks of property loss or damage, or injury to other persons. Furthermore, the use of prescription drugs and/or over-the-counter drugs (including medical marijuana) may also affect the employee’s job performance and seriously impair employee’s ability to perform their job duties. Any employee who is using prescription or over-the-counter drugs that may impair the employee’s ability to safely perform the job, or affect the safety or well-being of others, must notify a Supervisor of such use immediately before starting or resuming work. All precautions necessary to preserve the employee’s privacy will be taken.
This policy will not be construed to prohibit the use of alcohol at social or business functions sponsored by CPA where alcohol is served or while entertaining business associates of CPA.
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at company-sponsored functions or while representing CPA. It is the policy of CPA not to reimburse employees for alcohol purchases even when such purchases are made in connection with CPA payment for business meals.
CPA maintains a policy of non-discrimination and will endeavor to make reasonable accommodations to assist employees recovering from substance and alcohol dependencies, and those who have a medical history that reflects treatment for substance abuse conditions. However, employees may not request an accommodation to avoid discipline for a policy violation.
Employees must adhere to the rules stated in this section and Handbook as a condition of employment. Failure to comply with this Handbook may result in Discipline, including Termination.
The Director, Human Resources has been designated to administer this section, monitor the program and make reports as required by law.
SECTION 12: EMPLOYEE BENEFITS
CPA has developed and invested in an employee benefit program to supplement employee’s regular wages. These benefits include health, retirement plan, deferred compensation plan, long term disability insurance, term life insurance, supplemental life insurance, flexible spending accounts, transportation allowance, employee assistance program, and voluntary employee benefits. Details of all benefits are listed in the Employee Benefits Guide. Details of health, retirement plan, long term disability insurance, term life insurance, and transportation allowance benefits are detailed below.
Health / Dental / Vision
CPA offers full coverage at the Kaiser Platinum level for employees and dependents. CPA offers basic dental and vision coverage for employees and dependents. CPA reserves the right to charge a copay for dependent coverage. Employees who select a higher cost health insurance option, either PPO or other HMO, cover the cost difference. Cash-out options for those who have health care provided elsewhere (i.e. through a spouse) are available upon proof of coverage comparable or better than the Kaiser Platinum level offered by Clean Power Alliance. The cash-out amount is $500 monthly and may change from time to time.
Retirement Plan
Employee will be enrolled automatically in a 403(b) program immediately upon employment unless they choose to opt-out. Employee is eligible for ongoing employer contribution of 6% of the employee salary and up to a 4% employer match contribution, for a maximum total of 10%.
Employees own 100% of any employee contribution immediately. Employees have ownership of the employer contribution and any match amount in equal increments over a three (3) year period of employment, (i.e. 33% annually). Employees own 100% of the employer contribution and any match amount after three (3) consecutive years of employment. Any amount not owned by the employee (i.e. in the case that they leave CPA prior to completing 3 years of employment) will be returned to CPA.
Long-Term Disability Insurance
Long-term disability (LTD) insurance shall be provided to all full-time employees at 60% of salary subject to terms of LTD carrier and capped based on salary.
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Term Life Insurance
Group life insurance shall be provided to all full-time employees at a minimum benefit amount of one-time (1x) salary, subject to the terms of the insurance carrier.
Transportation Allowance
Full-Time Employees who choose to work in the office on a regular basis may be eligible for a transportation allowance to offset commuting costs in accordance with CPA’s overall Telecommuting policy.
California Paid Family Leave Benefits
A California employee who is off work: (i) to care for a child, parent, spouse, registered domestic partner, parent-in-law, grandparent, grandchild, or sibling, with a serious health condition; (ii) to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption; or (iii) to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, may be eligible to receive benefits through the California “Paid Family Leave” (“PFL”) program, which is administered by the Employment Development Department (“EDD”).
These benefits are financed solely through employee contributions to the PFL program. That program is solely responsible for determining if an employee is eligible for such benefits.
Employees who need to take time off work for any of the reasons set forth above may contact Human Resources for information about the EDD’s PFL program and how to apply for benefits. Employees also may contact their local EDD office for further information. Employees should maintain regular contact with Human Resources while absent from work so we may monitor employees’ return-to-work status. In addition, employees should contact Human Resources when ready to return to work so we may determine what positions, if any, are open.
Employees taking time off work for any of the reasons set forth above are not guaranteed job reinstatement unless they qualify for such reinstatement under federal or California family and medical leave laws. Any time off for Paid Family Leave purposes will run concurrently with other leaves of absence, such as Family and Medical Leave/California Family Rights Act Leave, if applicable. Please see the “Family and Medical Leave/California Family Rights Act” policy for eligibility requirements.
To the extent paid family leave benefits are available to employees outside of California, such benefits are addressed in a supplemental policy for covered employees.
SECTION 13: LAYOFF/SEPARATION FROM EMPLOYMENT
Layoff Procedures and Work Reductions
A. General
Whenever, in the judgment of CPA Board, it becomes necessary in the interest of economy or reorganization, to eliminate any position or employment, depending on the scope of the Agenda Page 400
Pg. 62
reduction (i.e., agency-wide, job classification, position), employees will be selected for layoff based on a combination of factors, including, but not necessarily limited to: past performance and productivity, qualifications, attendance, attitude, ability and willingness to work the required days and hours, and the ability to work cooperatively with others in the affected work unit.
1. The weight given to the above factors may vary depending upon the needs of the affected work unit and CPA as a whole at the time of the layoff.
2. Seniority shall be considered only when, in CPA’s opinion, all other factors are equal between two or more employees in the affected work unit. Seniority will be computed based on an employee’s total continuous service with CPA. For this purpose, continuous service before and after any break in service of less than thirty (30) Days or an approved leave of absence, will be counted.
B. Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the Chief Administrative Officer shall first demote an employee identified for Layoff to a Vacancy, if any, within the same department in a position with a Reduction in Pay, for which the employee is qualified. Secondly, employees may request to demote to a vacant position within the organization. An employee requesting a Demotion must file a written request with the Supervisor within five (5) business days of receiving written notice of Layoff. An employee who is offered a Demotion has the right to refuse the Demotion.
Severance
CPA does not maintain a formal severance pay policy nor provide severance pay to employees who leave CPA for any reason. Severance pay should therefore not be expected. However, CPA reserves the right to make exceptions to this Handbook at any time and may provide for severance pay in certain circumstances at its sole discretion.
Separation from Employment with CPA
A. Abandonment of Position. An employee may be terminated from employment if the employee is on an unauthorized leave of absence as set forth in Section 6.
B. Layoff/Expiration of Contract Work. As provided in Section 2 an employee may be separated by Layoff or expiration of the timeframe for which the position was created.
C. Resignation. An employee wishing to leave employment is encouraged to file with the Director, Human Resources a written Resignation stating the effective date at least two (2) weeks before leaving CPA. A Resignation made without notice may be regarded as cause for denying the resigning employee future employment with CPA and will be considered a Resignation not in good standing, to the extent permitted by applicable law.
D. Retirement. Retirement from employment will be subject to the terms and conditions of the applicable statutes, rules, and regulations of the employee’s 403(b)/457(b) retirement plan(s) with CPA.
E. Death of the Employee. In the event of a death of an employee, payment of all earned wages due will be in accordance with the laws of the State of California, unless otherwise required by applicable law. Unless otherwise provided by law, payment of any other funds due will be paid to the beneficiary so designated in writing by the employee.
Agenda Page 401
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Exit Interviews
If employee resigns voluntarily, the Director, Human Resources or employee’s Supervisor will conduct an interview whenever feasible. This interview will allow the employee to communicate employee’s views on the employee’s work with CPA and the job requirements, operations, and training needs. It also provides the employee an opportunity to discuss issues concerning benefits and insurance. At the time of the interview, employees are expected to return all company-furnished equipment, such as I.D. cards, keys, and credit cards, without copying or reproducing.
SECTION 14: SALARY DISCLOSURE
As a public agency, CPA is committed to transparency. As such, salaries of all positions will be disclosed as required under California law, unless otherwise required by applicable federal, state, or local law.
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EMPLOYEE ACKNOWLEDGEMENT FORM
This is to acknowledge that I have received a copy of the CPA Employee Handbook (including any applicable state supplement) and understand that it contains important information on CPA’s general personnel policies and on my privileges and obligations as an employee. I acknowledge that I am expected to read, understand, and adhere to CPA policies and will familiarize myself with the material in the handbook. I understand that I am governed by the contents of the handbook and that CPA may change, rescind, or add to any policies, benefits or practices described in this handbook, other than the employment-at-will policy, from time to time in its sole and absolute discretion, with or without prior notice, unless otherwise restricted by applicable law. CPA will advise employees of material changes within a reasonable timeframe.
This document contains management guidelines only; it is not the final word in all cases.
Individual circumstances may call for individual attention.
Furthermore, I understand that employment with CPA is at-will and not for a specified term and is at the mutual consent of the employee and CPA. Accordingly, either I or CPA can terminate the employment relationship at will, with or without cause, at any time. I understand that the at-will nature of my employment cannot be modified, unless it is modified in a written agreement signed by the Chief Executive Officer.
I UNDERSTAND THAT NOTHING CONTAINED IN THE HANDBOOK IS INTENDED
TO CREATE, NOR BE CONSTRUED AS CREATING, AN EXPRESS OR IMPLIED
CONTRACT, BARGAIN, AGREEMENT, OR GUARANTEE OF EMPLOYMENT FOR A DEFINITE OR INDEFINITE TERM.
EMPLOYEE’S SIGNATURE DATE
EMPLOYEE’S PRINTED NAME
Agenda Page 403
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RECEIPT OF CPA’S POLICY PROHIBITING HARASSMENT,
DISCRIMINATION, AND RETALIATION
I acknowledge that I have received, read, and understand CPA’s Policy Prohibiting Harassment, Discrimination, and Retaliation, including any applicable state supplement. I understand that I am expected to abide by and be bound by the rules, provisions and standards set forth in CPA’s policy.
I further acknowledge that CPA reserves the right to revise, delete, and add to the provisions of the Policy Prohibiting Harassment, Discrimination, and Retaliation at any time, to the maximum extent permitted by applicable law. California Employees: I also acknowledge I have received the California Civil Rights Department’s Sexual Harassment Fact Sheet (CRD-185).
Employee's Printed Name: ____________________ Position: ___________________ Employee's Signature: _______________________ Date: ___________________ The signed original copy of this receipt should be given to Human Resources and will be filed in your personnel file.
Agenda Page 404
4925-5191-0163 v1 -1-
AMENDMENT NUMBER TWO TO EMPLOYMENT AGREEMENT
CLEAN POWER ALLIANCE
GENERAL COUNSEL NANCY WHANG
This Amendment Number Two (“Amendment Two”) to the Employment Agreement is made by and between Clean Power Alliance of Southern California (“CPA”) and Nancy Whang, an individual (“Employee”). CPA and Employee may individually be referred to herein as a “Party,” or collectively as the “Parties.” This Amendment Two is effective as of February 6, 2025 (“Amendment Two Effective Date”).
RECITALS
This Amendment Two is entered into based on the following facts, understandings, and intentions of the Parties:
A. CPA is a Community Choice Aggregation Program (“CCA Program”) established pursuant to California Public Utilities Code Section 366.2(c)(12) with 35 member counties and cities (“Member Agencies”). These Member Agencies are signatories to the Clean Power Alliance of Southern California Joint Powers Agreement (the “JPA Agreement”) which serves as the operative document in the implementation, administration, and operation of the CCA Program.
B. Section 4.4 of the JPA Agreement authorizes the Board of Directors of CPA (“Board”) to retain legal counsel and Article III, Section 7 of the Board-adopted Bylaws designate the General Counsel as the attorney for and legal advisor to the Board and CPA.
C. Employee possesses the skill, experience, ability, background, and knowledge to perform the duties and services provided by this Agreement as the General Counsel of CPA.
E. On December 1, 2021, the Board approved an Employment Agreement between CPA and Employee with an effective date of January 1, 2022; on December 1, 2022, the Board approved an Amended and Restated Employment Agreement between CPA and Employee with an effective date of January 1, 2023; and on September 8, 2023, the Board approved Amendment Number One to the Employment Agreement with Employee with an effective date of September 7, 2023.
F. The Board desires to maintain equity in the salaries for CPA’s Grade 116 employees and desires to ensure that the Employee and the Chief Executive Officer’s employment agreements do not terminate on the exact same day and should be further staggered for good governance purposes.
NOW, THEREFORE, it is mutually agreed by and between the Parties hereto to amend the Agreement as follows:
1. Section 2 Term shall be amended to read as follows:
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Unless earlier terminated as provided for in this Agreement, the term of this Agreement shall end on June 30, 2028 (the “Term”).
2. Section 3 Compensation shall be amended to read as follows:
a. Commencing on February 16, 2025, CPA shall pay Employee an annual base salary of $469,864.00 paid on CPA’s normal paydays, subject to legally permissible or required deductions.
b. Continuing annually starting on June 30, 2025 and thereafter, CPA shall adjust Employee’s salary at the median salary of CPA’s employees on Salary Grade 116 unless the Executive Committee decides during the Annual Performance Review that a different salary adjustment is warranted.
Employee’s base salary shall be adjusted to reflect general cost of living adjustments, if any, that are offered to CPA employees and any future compensation incentives that may be authorized by the Board. The amount of any salary adjustment shall be reported to the Board. c. Employee’s salary is compensation for all hours worked and for all services under this Agreement. Employee shall be exempt from overtime pay provisions of California law (if any) and federal law.
3. Section 5 Evaluation of Performance shall be amended to read as follows:
The Executive Committee of the Board shall conduct an Annual Performance Review of the General Counsel. This review will be completed prior to the end of each fiscal year. The Annual Performance Review will include both an evaluation of the General Counsel’s performance during the prior 12 months and the setting of priorities and goals for the upcoming 12 months.
4. Except as specifically amended hereby, all other terms and conditions of the Agreement and any of its amendments shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment Two to be executed as of the date first above written.
CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA
By________________________________ ____________________ Deborah Klein Lopez, Board Chair Date
EMPLOYEE
By________________________________ ____________________ Nancy Whang Date
Agenda Page 406
Staff Report – Agenda Item 9
To: Board of Directors
From: Cara Rene, Director, Communications & Marketing
Approved By: Ted Bardacke, Chief Executive Officer
Subject: Communications and Marketing Update/Look Ahead Date: February 6, 2025
Staff will provide a presentation on the communications and marketing strategies and goals for 2025.
ATTACHMENT
1. Communications and Marketing Quarterly Update and Look Ahead Presentation Agenda Page 407
Communications & Marketing
Community Engagement
Quarterly Update
November and December 2024
Plus, a look ahead!
February 6, 2025
Agenda Page 408
What we’re excited about
CPA is developing a new interactive webpage to highlight our many programs and guide to customers to offerings tailored to their needs.
We are launching our annual brand tracker survey to gauge customer attitudes toward clean energy and awareness of our programs and services.
Moved up Impact Report production timeline to share previous year’s achievements sooner to ensure timeliness
Launching new Energy Team interactive online tools to support customer energy upgrades, accompanied by an expanded marketing campaign to drive engagement
Added 40 new subscribers to our monthly newsletter and increased open rate to
47.7% (a 13.2% increase)
Exceeded 18k followers on LinkedIn, which continues to be our best performing social tool
Agenda Page 409
2 A look ahead: Engagement in 2025
3 Increase engagement with community-based organizations (CBOs) through CPA’s community benefits grant and expand relationships with new CBOs in our service area to share information about our programs and ways to engage with CPA Host CPA Board and CAC retreats to plan priorities and
engagement for the coming year
Launch new hands-on interactive outreach tool to enhance customer understanding of clean energy and CPA’s role
Enhance media relations and elevate public relations
opportunities to grow understanding of CPA and highlight our impacts and benefits to California
Continue efforts to organically grow social media audiences and increase number of newsletter subscribers
Launch engagement and communications with new member agencies and new customers in the cities of La Cañada Flintridge, Lynwood and Port Hueneme as CPA service comes online in October 2025 Collaborate with CalCCA and LEAN, CPA’s state and federal trade associations, to organize in-person Sacramento and Washington D.C. lobby days to inform elected officials on CPA’s
accomplishments and legislative priorities
Use interactive technology to track event engagements and newsletter sign ups to improve insights into customer needs Provide ongoing consultation and support to member agencies on how to successfully participate in CPA programs
Engage city managers to provide their feedback on CPA customer programs to ensure they provide value to member agencies Apply commercial customer research to strengthen
communications and marketing to business sector customers Agenda Page 410
A look ahead:
Always-on brand awareness and engagement
As we step into 2025, we’re building on our momentum with initiatives to strengthen and grow the Clean Power Alliance brand and relationship with our customers. 4 Brand Tracker New Brand Campaign
A new brand campaign
focusing on community,
resiliency, and customer
choice will launch in Q2. It will
showcase CPA’s commitment
to supporting customers and a
sustainable future.
Always On
Our always-on strategy will
continue to boost CPA's
awareness, highlight our
community impact, strengthen
customer trust, and position
us as a partner in making
Southern California cleaner
and more sustainable.
The annual brand tracker will
launch in Q1 to gather
insights into residential and
commercial customers'
attitudes toward clean
energy, guiding CPA’s
customer communications
Agenda Page 411
A look ahead:
Continue to grow visibility for CPA expertise
5 Leverage CEO Ted Bardacke’s leadership to increase the organization’s voice and position in the conversation about California’s clean energy transition. Engage other CPA leaders and stakeholders to amplify CPA’s messages and share subject matter expertise.
CEO column
In 2025, we will
develop a new
webpage for the CEO’s
column to increase
interaction with our
executive’s
communications
Video storytelling
We will begin to
explore in-house video
messaging to grow
understanding of CPA
and highlight our
impacts in the region
Build our voice
Identify and pursue
regional and national
speaking opportunities
and proactively engage
news media
Agenda Page 412
A look ahead:
Communications outreach and impact
Continue to leverage CPA’s communications channels, networks and untapped opportunities to further inform customers and stakeholders about who we are and what we do. Foster relationships and engage champions to amplify CPA’s messages and leadership position in clean energy. 6 Grow awareness and
engagement
Develop interactive
opportunities to educate
and inform customers and
stakeholders about CPA
Build understanding
Create content that
demystifies clean energy
and bolsters CPA’s
leadership role in the state
and national energy
ecosystem.
Elevate presence
In 2025, we will
strengthen engagement
and relationships with
local and national news
media to build our
presence
Agenda Page 413
A look ahead: Program marketing
3 Q1
Income Qualified Solar + Battery
The low income solar and storage program will offer
homeowners solar PV and battery storage systems at
no cost.
Q1
EV SmartCharge Program
Provides financial incentives and bill savings for EV
and plug-in hybrid owners.
Q1
Power Share
Provides income-qualified with 100% renewable
energy at a 20 percent bill discount.
• Webpage
• Fact sheet
• Paid media
• Webpage
• Email
• Direct Mail
• Video
• Webpage
• Fact sheet
• Email
• Radio
• Postcards
• Emails
Agenda Page 414
A look ahead: Program marketing
Q1
Power Response – Smart Light Switch
The Smart Light Switch Pilot Program will help residents reduce energy use during peak periods. By enrolling in the Power Response Home program, customers can earn
incentives for their energy-saving actions.
• Website
• Fact sheet
• Email
• Door hanger
Q1
Community Solar
Provides qualifying customers in the Bassett and Avocado Heights neighborhoods with locally generated 100%
renewable energy at a 20% monthly bill discount
• Webpage
• Email
• Direct Mail
Agenda Page 415
A look ahead: Program marketing
Ongoing Ongoing
Optimized Power Response
Increase the number of eligible smart home
devices and improve customer enrollment
experience.
Sun Storage Rebate
Offers residential customers up to $750 with an
additional $250 for income-eligible customers when
they install an eligible solar battery storage system
in their home.
Ongoing
Energy Team
A no charge energy advisory service for customers looking to electrify their residences and/or small businesses.
• Post Card
• Emails
• Paid Media
• Post Card
• Emails
• Digital Paid Media
• Out-of-Home
• Explainer Video
• Enroll by mail
• Paid Media
Agenda Page 416
Questions
Agenda Page 417
6 Quarterly Update
November – December
Agenda Page 418
7 Community Engagement
12 Staying active in LA and Ventura Counties
Participated in events, presentations and
business meetings including activities in each of
CPA’s three new communities
6 presentations with key stakeholders
including city councils, state elected officials,
community-based organizations and
neighborhood groups.
10 community events at street fairs, climate
awareness events, and community
celebrations allowed CPA staff and CAC
members to increase education and
awareness about CPA.
7 meetings with business associations to
share program participation and relevant
contracting opportunities. .
Engagements included:
Tabling at holiday events in Monrovia and Arcadia
Thousand Oaks annual “State of the City” event
Beverly Hills long-term hazard mitigation planning meeting - City Council meetings in Westlake Village, South Pasadena, and Ojai to present on CPA program opportunities
Agenda Page 419
Marketing update: Power Response
Power Response Smart Home and Home
The Power Response recruitment campaign for both
Smart Home and Home ended in early October.
In December, marketing materials were sent to the
Housing Authority of Ventura County to inform selected
residents they were participating in the Smart Light
Switch pilot. These materials were communicated in
English and Spanish and included door hangers (pictured on left), fact sheets, and a new webpage on CPA's
website.
Enrollments
Smart Home: 2,079
Home: 1,232
Commercial: 3
Agenda Page 420
Marketing update: Sun Storage Rebate
Sun Storage Rebate Program
The program has received 91 claim applications, with 67 approved so far. Of those approved, 13 applicants are CARE, FERA, or MBL customers.
Agenda Page 421
Marketing update: Energy Team
10 The Energy Team service encourages residential and small business customers to receive personalized assistance with their electrification needs at no charge.
The first phase of marketing consisted of radio, streaming, single engine marketing, emails and direct mail.
Engagements
Website visitors: 4,251
Call center: 144
Email: 69
Agenda Page 422
Marketing update: Innovation Fund
Energized Communities : Innovation Fund
The Innovation Fund applications period launched in October and closed in early December. Nearly two dozen agencies actively participated in our online workshops, resulting in fund applications submitted from eight member agencies.
Agenda Page 423
Earned Media Highlights
17 During November and December 2024, Clean Power Alliance distributed two news releases garnering a total of $3.57M in earned media value. Sentiment mostly positive. Web news aggregator AP News continues to be a key driver of large-scale potential audience reach.
Media Potential
Reach
Earned
Value
Exposure
Mentions
Print/Online 385.69M $3.57M 511
Broadcast 3.90M $36.06k 17
High-performing media outreach:
Haven Energy and Clean Power
Alliance Form a Strategic Partnership
to Establish a Virtual Power Plant and
Drive Widespread Solar and Battery
Adoption in Low-Income Communities;
potential audience reach of 77M, 80
mentions
Clean Power Alliance Recognized for
Renewable Energy Financing
Excellence; potential audience reach
of 10M, 154 mentions
Potential Reach
Agenda Page 424
4 Website Performance
CPA's website recorded 68k views this quarter. The overall visits during this period decreased from the previous quarter, attributed to reduced activity over the holiday season.
Views per session (up 8.4%) and average engagement times (up 23.6%) both increased, while the bounce rate decreased (down 13.8%) signaling positive interactions.
Agenda Page 425
Social Media Highlights
X INSTAGRAM FACEBOOK
Our X page averaged
6,500 impressions per
month, with 900
engagements and 7 likes
per day
Lost 170 followers
Best performing post:
CPA energy sources post
on Nov. 6, which had
3.3k views, 64 likes and
7 reposts
Our Facebook page had
1.9M views,
reached 401k users,
with 11.7k content
interactions
Added 19 new followers
Best performing post:
CPA newsletter post on
Dec. 11, which reached
112k accounts and had
317k views
Our Instagram page had
346k views and 6,831
content interactions
Added 370 new followers
Best performing post:
Energy Team post on Nov.
20, which had 17k views,
364 post interactions and
171 likes
Please share CPA’s messages through your social media channels!
LINKEDIN
Our LinkedIn page had
369k impressions and
7,729 members reached
Added 494 new LinkedIn
followers
Best performing post:
Newsletter Community
Benefits Grant story on
Dec. 12, which had 124k
impressions and 1,039 link
clicks
Agenda Page 426
Management Report
To: Board of Directors
From: Ted Bardacke, Chief Executive Officer
Subject: Management Report
Date: February 6, 2024
Regional Wildfire Impact
An oral update on the Eaton, Palisades, and Mountain fires’ impact on the CPA community and CPA’s response will be provided at the Board meeting.
Power Ready Round 2 Participant Selection Opens
Power Ready is a CPA program that helps local governments enhance the resilience of their critical facilities while meeting their climate adaptation goals, generating on-site clean energy, and improving local air quality. Round 1 of the program will install 11 clean energy back-up power systems (solar + battery) at no cost on critical community-serving facilities owned by various member agencies.
CPA is currently seeking Round 2 participants that are interested in hosting on-site renewable solar and battery storage systems and receiving guaranteed back-up power for critical electric loads. Eligible sites are those that provide continuation of critical public services and/or a place of refuge for the community in the event of a power outage.
Member agencies can nominate their critical community sites, which in Round 2 can include other public agencies, special districts, and/or non-profits within their communities. Interested member agencies are encouraged to email [email protected] to express interest and learn more about the Power Ready program. CPA’s program team and technical consultants will evaluate up to 250 sites for feasibility through a two-stage process.
2023 Power Content Label
CPA has released its official 2023 Power Content Label (PCL). The PCL is required by statute to be sent to all customers once a year in a standard format regulated and Agenda Page 427
Board of Directors Management Report
determined by the California Energy Commission. All CPA customers were slated to receive the PCL by January 31, either by mail or email depending on their communication preferences. This year’s PCL was delayed by several months for all Load Serving Entities in California due to software issues encountered by the Western Renewable Energy Generation Information System. The 2023 PCL shows that CPA met its targets for renewable and clean energy in the 100% Green and Clean products, and exceeded its targets for the Lean product. A copy of the official 2023 PCL mailing is included in Attachment 1.
Annual Community Benefits Grant Awards
CPA and Calpine Community Energy announced the 2024/205 group of awardees to receive funding through the annual Community Benefits Grant Program. 18 non-profit organizations across Los Angeles and Ventura counties will receive $375,000 in grants, including $50,000 dedicated to local organizations working on wildfire relief efforts. The individual grants range from $9,000 to $30,000.
Grants for immediate wildfire relief efforts are being made to the following organizations:
• Rotary Club of Altadena
• Boys and Girls Club of Malibu
• Topanga Coalition for Emergency Preparedness
• Ventura County Community Foundation
Other grant recipients include the following non-profit organizations:
• Central Coast Clean Cities Coalition: Funds will support the launch of the ChargerHelp workforce training program. ChargerHelp is an industry-leading workforce development initiative, offering one of the most comprehensive electric vehicle supply equipment (EVSE) technician training programs available. The program includes a three-week, in-person course held in Ventura County, where participants will gain hands-on experience with actual chargers and receive specialized training aimed at preparing them for the Society of Automotive Engineers (SAE) EVSE certification exam.
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• Central Coast Minority Enterprise Resource Affiliates: Funds will support the Black Business, Green Sustainment initiative, which connects entrepreneurs in underserved communities and empowers them with the knowledge and resources needed to embrace a sustainable future. The initiative will offer hands-on training and demonstrations to promote the practical application of sustainable concepts.
CCMERA has partnered with the Zero Emission Consortium, which will provide technical expertise in developing the science-based education delivered during the training and demonstration activities.
• Center Stage: Funds will be used to install energy-efficient LED studio lighting at the Center Stage youth theater, a space where young people can express their creativity and gain valuable technical skills to prepare for future careers. The new lighting will reduce the theater's overall carbon footprint, conserve natural resources, and minimize waste, while also lowering energy costs that can be reinvested into student programs. Additionally, young learners will gain exposure to the importance of sustainability and green technology through practical, real-world applications. • Community Nature Connection: Funds will support the Title I primary school program, Sensing Nature. The Sensing Nature program is an environmental education series designed for fourth through sixth-grade students, featuring various themes that emphasize nature, resilience, and wellness practices for youth. Through curiosity-driven activities, play, tactile experiences, and wellness practices, the program engages students with the natural world around them. This initiative focuses on elementary schools within the greater Los Angeles area. • Film2Future: Funds will support the Animating for a Clean Energy Future program, in which 16 to 20 students will collaborate in teams to create four short films promoting sustainable practices and clean energy. The program aims to engage young and diverse communities with a new focus on clean energy advocacy. The films will be produced over a 12-week period, featuring approximately 30 hours of structured programming, along with additional office hours to support the student filmmakers.
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• Food Exploration and Discovery (Food ED): Funds will be used to expand climate change and sustainability outreach within existing Title I middle and high school programs in Arcadia, Monrovia, and Temple City by introducing an Eco-Entrepreneur component. Food ED’s programs reimagine how communities can adopt practices such as gardening, native drought-tolerant landscaping, composting, and tree planting and care in innovative ways. Additionally, Food ED plans to hire recent graduates and participants of AmeriCorps and Climate Change Action Corps programs, providing them with entry-level work experiences where they can apply their knowledge to educate and inspire the next generation. • Nyeland Promise: Funds will support the ongoing development of a multilingual educational outreach initiative in English, Spanish, and Mixteco. The project aims to promote energy equity and diversity by delivering messaging that is both linguistically and culturally relevant. A primary goal is to educate residents about the benefits and importance of reducing energy consumption during peak hours.
Nyeland Promise’s volunteer corps will lead outreach efforts tailored to the unique linguistic and cultural needs of Nyeland Acres residents, with a special focus on engaging families.
• ONEgeneration: Funding will support the expansion of long-term safety net services to include the implementation of various energy and water conservation programs. These programs will provide residents with direct access to easy and affordable solutions for home electrification, water conservation, energy savings, and applying for energy efficiency rebates and utility assistance programs.
Through its safety net services, ONEgeneration supports over 10,000 individuals annually and leverages these trusted relationships to connect residents with resources that empower them to adopt a more sustainable and efficient lifestyle. • People for Mobility Justice: Funding will support the operation of long-term electric bike lending programs in South LA and East LA. These e-bike libraries have established a model for providing clean energy active transportation options in Environmental Justice communities. Additionally, funds will be used to integrate a culturally relevant bike safety curriculum into the e-bike programs serving the LA County communities of East LA, Florence-Firestone, Willowbrook, and Rancho Agenda Page 430
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Dominguez. PMJ will organize a series of bike safety education classes, conduct bike and pedestrian audits, distribute helmets and bike lights, and host community bike rides and walks with a focus on mobility justice.
• Reel Guppy Outdoors: Funding will support the acquisition of a 20-foot, 12- passenger Duffy Electric Boat. The vessel will be used to educate participants about clean energy, including its relationship to climate change, its effects on ecosystems and the environment, the production and mechanics of electric-powered vehicles, and the principles of energy sustainability and resiliency.
Additionally, the program will explore the economic and social impacts of clean energy. The vessel will also facilitate more intensive and interactive collaboration with community stakeholders.
• Tree People: Funding will support the deployment of a composting program aimed at enhancing community climate resiliency. The organization will implement nature-based, on-site school tours focused on reducing food waste. This will, in turn, lower greenhouse gas emissions contributing to climate change and encourage at-home adoption of conservation practices. The project helps underserved communities in the San Fernando Valley, South and Southeast Los Angeles, the South Bay, Gateway Cities, and the San Gabriel Valley. • Urban Teens Exploring Technology: Funding will support core programs such as the Summer Coding Leadership Academy (SCLA), which teaches young men of color valuable tech skills like coding, app development, and project management, along with soft skills such as leadership, public service, and discipline. Funding will also support the Hustle N' Code Hackathon, an annual event that empowers students of all ages and genders from public housing developments to use technology to tackle pressing community issues. The hackathon will bring well-known tech companies into historically marginalized tech deserts. Hundreds of volunteers from Silicon Valley, Silicon Beach, and participating academic institutions will dedicate their time to assist program participants.
• Vision Y Compromiso: Funding will support the Promotoras Local Climate Stewards Project, a pilot initiative aimed at increasing environmental and social Agenda Page 431
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justice awareness regarding extreme heat and the health and economic impacts of climate change on low-wage workers. This includes farm workers, construction workers, warehouse workers, frontline workers, low-income individuals and families, and immigrant communities in Ventura County. Promotoras are primarily Latina women who serve as trusted leaders in low-income, immigrant, and communities of color. With decades of experience engaging vulnerable residents, they deliver personalized, culturally responsive information that connects community members to healthcare, education, and social services. • Wishtoyo Foundation: Funding will support the Environmental Stewards Internship program, a grassroots initiative designed to train, mentor, and empower Indigenous and politically or economically marginalized youth. The program aims to prepare participants for careers in environmental science, conservation, or grassroots advocacy, while providing tools to seek environmental justice in their communities. The Environmental Stewards Internship will recruit college-aged youth from Indigenous or low-income communities in Ventura County for a year-long internship. Interns will work closely with Watershed Monitoring Scientists, participating in watershed monitoring, endangered species monitoring, and laboratory analysis. Funding will also support intern salaries and cover material needs, such as boots, packs, and field and monitoring equipment.
The next round of Community Benefits Grant Program applications will open in the fall of 2025.
Year-to-Date Financial Performance
CPA’s net position increased through the end of November by $14.2 million or $54.4 million more than the budgeted reduction in net position of $40.2 million. The strong performance compared to budget through the first five months of the fiscal year is primarily attributable to normal weather conditions and the subsequent non-utilization of energy cost contingencies. In addition, the $19.6 million in operating expenses were $6.5 million, or 25%, less than budget due to lower than budgeted spending on general and administrative expenses, customer programs and other services. The monthly financial dashboards for October and November 2024 are included as Attachment 2.
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Board of Directors Management Report
Customer Participation Rate and Opt Actions
As of January 27, 2024, CPA’s overall participation rate was 93%, unchanged from the previous month. CPA had 1,046,432 active customers, up 2,318 customers compared to the end of November. Opt-outs in January – 630 – are consistent with historical averages. previous averages in Q4 of the calendar year. New accounts (“move-ins”) were higher than closed accounts (“move-outs”) by 156 customers in the same time period.
Participation rates and active accounts by member agency are provided in Attachment 3 of this report. Participation Rates, Active Customers, and other customer data do not yet reflect customer loss due to the Eaton and Palisades fires and are expected to be volatile over the next several months as CPA and SCE gather more data.
Customer Service Center Performance
Incoming calls to CPA’s Customer Service Center were higher in January compared to the previous month but in line with historical averages for the first quarter of the calendar year. Through January 27, CPA received 3,291 calls compared to 2,741 calls in December. Call center performance declined slightly, with 91% of calls answered within 45 seconds compared to 97% in the previous month and an average wait time of 16 seconds, a decline from 6 seconds in the previous month. Several employees at CPA’s call center in Irwindale were impacted by the Eaton fire, while widespread PSPS hindered those call center employees who are on a partial work-from-home schedule. Some call center operations were shifted to a back-up facility in Northern California during portions of January.
Contracts and Amendments Executed Under the CEO Authority A list of amendments to, and terminations of, Long-Term Power Purchase Agreements and Energy Storage Agreements executed under the CEO’s signing authority since July 2024 is provided in Attachment 4. A list of non-energy contracts executed under the CEO’s signing authority is provided in Attachment 5. This list includes all open contracts as well as all contracts, open or completed, executed in the past 12 months.
ATTACHMENTS
1. 2023 Power Content Label (PCL)
2. October 2024 and November 2024 Monthly Financial Dashboards Agenda Page 433
Board of Directors Management Report
3. Participation Rates by Member Agency
4. Long Term PPA/ESA Amendments Executed under CEO’s Authority
5. Non-Energy Contracts Executed under CEO’s Authority
Agenda Page 434
P.O. Box 811130, Los Angeles, CA 90081
Clean Power Alliance is the
#1 green power provider in the United States!
A brighter future powered by you. Learn more at CleanPowerAlliance.org.
CPA’s energy portfolio is comprised of 75% renewable energy sources.
Our clean energy options and programs help residents, businesses and communities reduce harmful greenhouse gas emissions to make Southern California cleaner and more sustainable. Nearly two-thirds of our customers are served by 100% Green Power.
DID
YOU
KNOW?
Presorted
Standard U.S.
Postage
PAID
Los Angeles, CA
Permit No 3564
PO Box 811130 Los Angeles, CA 90081
Clean Power Alliance
leads the nation in serving
the most customers with
100% renewable energy
Thank you to all of our customers who have committed to choosing renewable energy. Together, we are creating a more sustainable future for everyone.
CPA’s 32 partner communities are making Southern California cleaner, healthier, and more resilient. A majority have chosen 100% Green Power as their preferred energy option.
Learn about CPA programs that help you save energy and money:
cleanpoweralliance.org/programs
DID YOU KNOW?
CPA’s historic investments in battery energy storage make renewable energy available to our customers when they
need it most.
Green-e® Energy meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Clean Power Alliance offers Commercial and Industrial customers the option to opt-in to a 100% Green Power product that is Green-e® Energy certified. PROOF Learn more at www.green-e.org.
Green-e® Energy meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Clean Power Alliance offers commercial and industrial customers the option to opt-in to a 100% Green Power product that is Green-e® Energy certified. Learn more at www.green-e.org. 2023 POWER CONTENT LABEL
Clean Power Alliance of Southern California
https://cleanpoweralliance.org/power-sources/
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources 100% Green
Power Clean Power Lean Power Power Share 2023 CA Power Mix Eligible Renewable1 100.0% 50.0% 26.1% 100.0% 36.9%
Biomass & Biowaste 0.0% 8.1% 2.4% 0.0% 2.1%
2 333 557 0 373 Geothermal 2.9% 27.9% 0.6% 0.0% 4.8%
Eligible Hydroelectric 2.5% 0.0% 0.0% 0.0% 1.8%
Solar 50.0% 1.0% 0.7% 100.0% 17.0%
Wind 44.5% 13.0% 22.5% 0.0% 11.2%
Coal 0.0% 0.0% 0.0% 0.0% 1.8%
Large Hydroelectric 0.0% 31.5% 40.0% 0.0% 11.7%
Natural Gas 0.0% 0.0% 0.0% 0.0% 36.6%
Nuclear 0.0% 0.0% 1.6% 0.0% 9.3%
Other 0.0% 0.0% 0.1% 0.0% 0.1%
Unspecified Power2 0.0% 18.5% 32.2% 0.0% 3.7%
TOTAL 100.0% 100.0% 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3: 0% 0% 0% 0% 1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2 Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3 Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this electricity portfolio, contact: Clean Power Alliance of Southern California (888)585-3788
For general information about the Power Content Label, visit: https://www.energy.ca.gov/programs-and-topics/programs/power-source-disclosure-program 100% Green Power Clean Power Lean Power Power Share 2023 CA Utility Average Ϭ
ϮϬϬ
ϰϬϬ
ϲϬϬ
ϴϬϬ
ϭϬϬϬ
100% Green Power
Clean Power
Lean Power
Power Share
2023 CA Utility Average
Clean Power Alliance (CPA) serves more than one million customer accounts with three energy options. At the end of 2023: 677,397 CPA customers received 100% Green Power, 220,337 received Clean Power, 108,556 received Lean Power, and 6,476 received discounted 100% renewable energy through the Power Share program. The 2023 generation data below is provided in the annual report to the California Energy Commission’s Power Source Disclosure Program. This information is required by the California Energy Commission to be sent to all customers currently served by CPA.
CUSTOMERS
Summary of Financial Results
Definitions:
Accounts: Active Accounts represents customer accounts of active customers served by CPA per Calpine Invoice Participation Rate %: Participation Rate represents active accounts divided by eligible CPA accounts YTD Sales Volume: Year-to-date sales volume represents the amount of energy (in gigawatt hours) sold to retail customers Revenues: Retail energy sales less allowance for doubtful accounts Cost of energy: Cost of energy includes direct costs incurred to serve CPA’s load Operating expenses: Operating expenditures include general, administrative, consulting, payroll, and other costs required to fund operations Net operating income represents the difference between revenues and expenditures before interest income and expense, and capital expenditures
Non-Operating Income: interest income arising from deposits and investments net of borrowing costs and fees Investments: liquid and high-quality securities with maturities of 91 days or more Cash and Cash Equivalents: Includes bank deposits and high quality and liquid securities with maturities of less than 90 days Year to date (YTD): Represents the fiscal period beginning July 1, 2024 YTD
October
2024
Financial Dashboard
Note: Numbers may not sum up due to rounding.
Active Accounts
1,044,116
Participation Rate
93%
YTD Sales Volume
4,185 GWh
Oct Volume
949 GWh
In October 2024 CPA’s net position increased by $31 million, $13.5 million or 77% more than the budgeted increase in net position of $17.5 million. The October 2024 revenues were $126.6 million, $0.8 million or 0.6% less than FY 2024/25 budget. The October cost of energy was $93.4 million, $11.9 million or 11% lower than the FY 2024/25 budget, primarily due to the non-utilization of contingencies.
For the year-to-date, CPA’s net position fell by $16.3 million, $56.5 million or 78% less than the budgeted reduction in net position of $72.8 million, primarily due to the non-utilization of energy cost contingencies. Operating costs were $15.7 million or 24% less than budget due to lower than budgeted spending on general and administrative expenses, customer programs and other services, and the non-utilization of contingencies.
As of October 31st, 2024, CPA had unrestricted cash, cash equivalents, and investments of $477 million, and $154.4 million available in its bank line of credit representing 172 Days Liquidity on Hand. CPA is financially sound and in compliance with its bank and other credit covenants.
Agenda Page 437
CUSTOMERS
Summary of Financial Results
Definitions:
Accounts: Active Accounts represents customer accounts of active customers served by CPA per Calpine Invoice Participation Rate %: Participation Rate represents active accounts divided by eligible CPA accounts YTD Sales Volume: Year-to-date sales volume represents the amount of energy (in gigawatt hours) sold to retail customers Revenues: Retail energy sales less allowance for doubtful accounts Cost of energy: Cost of energy includes direct costs incurred to serve CPA’s load Operating expenses: Operating expenditures include general, administrative, consulting, payroll, and other costs required to fund operations Net operating income represents the difference between revenues and expenditures before interest income and expense, and capital expenditures
Non-Operating Income: interest income arising from deposits and investments net of borrowing costs and fees Investments: liquid and high-quality securities with maturities of 91 days or more Cash and Cash Equivalents: Includes bank deposits and high quality and liquid securities with maturities of less than 90 days Year to date (YTD): Represents the fiscal period beginning July 1, 2024 YTD
November
2024
Financial Dashboard
Note: Numbers may not sum up due to rounding.
Active Accounts
1,044,114
Participation Rate
93%
YTD Sales Volume
4,994 GWh
Nov Volume
809 GWh
Nov Year-to-Date
in $000,000's Actual Budget Variance % Actual Budget Variance % Energy Revenues 104.2 115.0 -10.8 -9% 743.9 748.3 -4.5 -1% Cost of Energy 72.0 77.7 -5.7 -7% 718.6 766.6 -48.0 -6% Net Energy Revenue 32.2 37.3 -5.1 -14% 25.3 -18.3 43.5
Operating Expenses 3.9 5.4 -1.5 -28% 19.6 26.1 -6.5 -25% Operating Income 28.3 31.9 -3.6 -11% 5.7 -44.4 50.1
Non-Operating Income 2.2 0.7 1.5 195% 8.5 4.2 4.3 102%
Change in Net Position 30.5 32.6 -2.1 -7% 14.2 -40.2 54.4 Agr/Oth
3% Com-Lg
23%
Com-Sm
30%
Res
44%
In November 2024 CPA’s net position increased by $30.5 million, $2.1 million or 7% less than the budgeted increase in net position of $32.6 million. November 2024 revenues were $104.2 million, $10.8 million or 9% less than FY 2024/25 budget due to cooler than normal weather and lower electricity consumption. The November cost of energy was $72 million, $5.7 million or 7% lower than the FY 2024/25 budget primarily due to the non-utilization of contingencies. Operating expenses were $1.5 million less than budget and non-operating income (largely composed of interest income) was $1.5 million above budget.
For the year-to-date, CPA’s net position increased by $14.2 million, $54.4 million more than the budgeted reduction in net position of $40.2 million primarily due to normal weather conditions and the non-utilization of energy cost contingencies. Operating expenses were $19.6 million or 25% less than budget due to lower than budgeted spending on general and administrative expenses, customer programs and other services, and the non-utilization of contingencies.
As of November 30th, 2024, CPA had unrestricted cash, cash equivalents, and investments of $476 million, and $154.4 million available in its bank line of credit representing 171 Days Liquidity on Hand. CPA is financially sound and in compliance with its bank and other credit covenants.
Agenda Page 438
Jurisdiction Preferred Energy Option Active Accounts Participation % Lean % Clean % 100% Green % AGOURA HILLS 100% Green 8,025
ALHAMBRA 100% Green 34,307
ARCADIA Lean 22,712
BEVERLY HILLS 100% Green 18,625
CALABASAS 100% Green 9,661
CAMARILLO 100% Green 28,817
CARSON Clean 29,490
CLAREMONT 100% Green 12,695
CULVER CITY 100% Green 19,296
DOWNEY Clean 36,864
HAWAIIAN GARDENS Clean 3,651
HAWTHORNE 100% Green 28,547
HERMOSA BEACH 100% Green 9,939
LOS ANGELES COUNTY 100% Green 300,465
MALIBU 100% Green 7,060
MANHATTAN BEACH 100% Green 15,295
MONROVIA 100% Green 16,143
MOORPARK Clean 11,396
OJAI 100% Green 3,489
OXNARD 100% Green 55,813
PARAMOUNT Clean 15,786
REDONDO BEACH 100% Green 33,289
ROLLING HILLS ESTATES 100% Green 3,531
SANTA MONICA 100% Green 55,686
SANTA PAULA 100% Green 9,343
SIERRA MADRE 100% Green 4,934
SIMI VALLEY Lean 43,467
SOUTH PASADENA 100% Green 11,611
TEMPLE CITY Lean 12,686
THOUSAND OAKS 100% Green 44,402
VENTURA 100% Green 44,710
VENTURA COUNTY 100% Green 32,926
WEST HOLLYWOOD 100% Green 26,644
WESTLAKE VILLAGE Lean 3,717
WHITTIER Clean 31,410
TOTAL
89.5% 3.4% 0.4% 96.2%
95.4% 2.1% 0.1% 97.9%
95.4% 99.7% 0.1% 0.2%
97.4% 2.2% 0.1% 97.7%
93.6% 3.2% 0.3% 96.5%
90.0% 2.0% 0.1% 97.9%
95.6% 1.5% 96.4% 2.1%
91.0% 3.3% 0.3% 96.4%
94.8% 4.2% 1.1% 94.8%
95.0% 1.7% 97.1% 1.2%
95.5% 1.4% 96.5% 2.1%
97.2% 0.9% 0.1% 99.0%
92.9% 2.8% 0.6% 96.6%
95.3% 2.4% 31.0% 66.7%
98.5% 3.1% 0.4% 96.5%
95.5% 3.2% 0.4% 96.5%
91.6% 4.0% 0.5% 95.5%
85.5% 3.3% 96.2% 0.6%
89.1% 6.3% 1.2% 92.6%
92.6% 4.0% 0.5% 95.5%
96.7% 0.3% 95.3% 4.5%
96.1% 2.5% 0.1% 97.4%
92.3% 8.0% 1.6% 90.5%
95.3% 3.4% 0.6% 96.0%
90.9% 2.4% 0.3% 97.4%
91.8% 5.8% 1.5% 92.7%
89.3% 99.6% 0.1% 0.2%
94.6% 3.9% 0.6% 95.4%
95.7% 99.8% 0.1% 0.2%
83.4% 8.1% 1.5% 90.5%
89.2% 4.8% 1.1% 94.1%
84.7% 6.8% 1.1% 92.1%
96.9% 2.6% 0.4% 97.1%
87.9% 99.5% 0.1% 0.5%
94.0% 2.0% 97.4% 0.6%
92.9% 14.4% 17.9% 67.7%
CUSTOMER STATUS REPORT
PARTICIPATION BY CITY AND COUNTY
January 27, 2025
ACTIVE ACCOUNTS BY ENERGY PRODUCT
Energy Option Active Accounts Percentage
100% Green
Clean
Lean
TOTAL 100.0%
10.7%
21.1%
68.2%
1,046,432
112,020
220,710
713,702
1,046,432 93.3% 91.8% 94.2% 93.3%
Agenda Page 439
Project Purpose Month Notes
Drifter
Amendment to Energy Storage Agreement to extend the termination deadline while parties identify mutually beneficial solutions January
2025
Desert Sands II
Amendment to a Letter Agreement to the Energy Storage Agreement to extend the termination deadline while parties identify mutually beneficial solutions
December
2024
Desert Quartzite
Letter Agreement to Power Purchase Agreement to document grid charging cessation procedures
November
2024
Drifter
Amendment to Energy Storage Agreement to extend the termination deadline while parties identify mutually beneficial solutions October
2024
Desert Sands I
Amendment to Power Purchase Agreement to facilitate the transfer of the site to a backup facility contemplated in the contract, Key Energy Storage, and allow for a delay in COD in return for a price decrease September
2024
Wilmington 2
Amendment to Power Purchase Agreement to allow for additional payments of liquidated damages to extend the COD
September
2024
Dominquez
Amendment to Power Purchase Agreement to allow for additional payments of liquidated damages to extend the COD
September
2024
Desert Sands II
Amendment to a Letter Agreement to the Energy Storage Agreement to extend the termination deadline while parties identify mutually beneficial solutions
August
2024
Workman Mill
Termination of the Power Purchase Agreement for failure of Seller to meet contractual deadlines
July 2024
Dinuba Biomass
Termination of the Power Purchase Agreement for failure of Seller to meet contractual deadlines
July 2024
Drifter
Amendment to Energy Storage Agreement to extend the termination deadline while parties identify mutually beneficial solutions July 2024
Long-Term Energy Contracts Administrative Amendments, Letter Agreements and Terminations Executed Under Chief Executive Officer's Authority Agenda Page 440
Vendor Purpose Month NTE Amount Status Notes
Wicked Bionic
Creative services for Customer
Programs Jan-25 $225,000 Active
Omni Government Relations Renewal to lobbying services
agreement
Jan-25 $102,492 Active
Pinnacle Advocacy Renewal to lobbying services
agreement
Jan-25 $76,652 Active
Wrike Project management software Jan-25 $20,280 Active Verve Cloud Internet service Jan-25 $20,988 Active
TRC Amendment to PSA for reach code
technical consulting
Dec-24 $36,928 Active
Wellable Employee wellness platform Dec-24 $13,075 Active Crown Castle Fiber LLC
Office dedicated internet access
service
Nov-24 $18,600 Active
Alter Agents CPA Brand Tracker Nov-24 $44,000 Active
New Block Digital Agency Website QA services Nov-24 $25,000 Active Language Line Translation services Nov-24 $42,000 Active Green Translations Translation services Nov-24 $42,000 Active Intelligence Press Natural gas data subscription Nov-24 $7,400 Active Cindy Levine Group Amendment to PSA for management
coaching services Nov-24 $12,500 Active
Downey Brand LLP Legal Services (CPUC mediation) Nov-24 $55,000 Active Ross Associates Management coaching services Oct-24 $16,000 Active Perkins Coie Amendment to Legal Services
Agreement for RFO support Oct-24 $70,000 Active
Actium LLP Legal services for general liability Oct-24 $55,000 Active Windstream Services, LLC Office telephone service Sep-24 $12,924 Active Thorn Run Partners LLC Federal lobbying services Sep-24 $125,000 Active Sigman Computing Analytics platform Sep-24 $30,800 Active JustFOIA PRA request management software Sep-24 $9,835 Active Salesforce Additional license for CRM
subscritpion Sep-24 $3,733 Active
Helpmates HR temporary staffing services Aug-24 $24,000 Active Workable HR recruitiung paltform subscrption Aug-24 $14,028 Active DataCamp Training subscription for Data &
Systems team Aug-24 $1,200 Active
TRC Amendment to PSA for reach code
technical consulting Aug-24 $43,000 Active
Salesforce Stakeholder relationship management
application subscription Aug-24 $15,300 Active Renewal
Abbott, Stringham & Lynch Data security complaince services Jul-24 $18,500 Active Mellady Direct Marketing Print and mailing services Jul-24 $0 Active PSA end date extension only
to contract approved by the
Board of Directors on 9/3/21
ProductOfLA Interactive renewable energy model Jul-24 $30,000 Active LinkedIn LinkedIn Learning subscription Jul-24 $16,150 Active Hall Energy Law PC Energy procurement counsel Jul-24 $125,000 Active Renewal Burke, Williams, Sorenson, LLP
Legal Services Agreement (Brown Act,
public entity governance issues, and
other legal services)
Jul-24 $100,000 Active Renewal
Elite Edge Financial reporting services Jul-24 $93,600 Active Renewal SAESHE, Inc. Street teams support services Jun-24 $60,000 Active Snowflake Data cloud services Jun-24 $25,000 Active
Lazar Translating & Interpreting Translation services Jun-24 $50,000 Active Non-Energy Contracts Executed Under Chief Executive Officer Authority Rolling 12 months. Open contracts shown in bold.
Agenda Page 441
Great Place to Work Institute Staff survey & certification platform May-24 $3,495 Active Abbot, Stringham & Lynch Power Source Disclosure audit services Apr-24 $56,400 Active Adapt2
Settlements Software PSA amendment
(updating payment dates only) Apr-24 $0 Active
Agenda Page 442