Ava Community Energy / San José Clean Energy 2024 Long-Term Resource Request for Offers

Ava Community Energy (Ava) and San Jose Clean Energy (SJCE) are soliciting competitive proposals for the sale and purchase of renewable or low carbon energy and/or energy storage consistent with the terms and provisions in this Request for Offers (RFO).

Attachments

• 9-11-24 Long-Term Resource RFO Solicitation Protocol – updated 9/19/24
• Attachment A_Notice of Intent to Offer
• Attachment B_RFO Participation Agreement
• Attachment C – Offer_Form_Template_V5
• Attachment D Offer Supplement Requirements
• Attachment E.1 – RPS Term Sheet
• Attachment E.2-RPS Plus Storage Term Sheet
• Attachment E.3 Ava-SJCE Term Sheet Stand-Alone Storage_9.12.2024
• Attachment E.4 Cluster 15 Term Sheet Tranche 2 – updated 9/19/24
• Attachment F Ava-SJCE_Exclusive Negotiating Agreement 9-12-24
• Attachment G.1 Ava Form of Letter of Credit
• Attachment G.2 SJCE Form of Letter of Credit
• Attachment H SJCE Request for Local and Small Business Preference
• 9-12-Ava-SJCE_RFO Pro Forma Storage ESSA_9-10-2024 (002)
• 9-11-24 Final clean RPS plus Storage PPA
• 9-11-24Final clean RPS PPAs
• 9-19-Revised Final Cluster 15 PPA

RFO Provisions

• Ava & SJCE audited financials are available upon request.
• Respondents who submit Offers agree to do so without legal recourse against Ava and SJCE, their Boards, officers, employees, agents, advisors or contractors for rejection of their Offer(s) or for failure to execute a transaction for any reason.
• Respondent agrees that Ava & SJCE will not be liable to any Respondent or party at law or in equity for any reason whatsoever for any acts or omissions arising out of or in connection with this RFO.
• By submitting its Offer, Respondent waives any right to challenge any valuation by Ava & SJCE of any Offer of any Respondent or any determination of Ava or SJCE to select or reject any Offer of any Respondent or take any action contemplated by this RFO, any other decision of Ava or SJCE contemplated by this RFO or any resulting transaction related to a selected Offer.
• Each Respondent, in submitting its Offer(s), irrevocably agrees and acknowledges that it is making its Offer(s) subject to and in agreement with the terms of this RFO.
• Ava & SJCE will only accept questions from Respondents through the appropriate communication channels and up to the deadline to submit questions noted in the RFO schedule. All answers will be compiled into a document and posted to the RFO website. Ava & SJCE reserves the right to combine, rephrase, or not respond to some questions.
• All questions and materials received by Ava & SJCE are subject to the confidentiality provisions in the RFO.

Please direct any questions or comments to rfo@avaenergy.org.

Ava/SJCE will hold a Respondent Webinar on September 20, 2024 at 10am to review key information in this protocol related to the solicitation and form agreement terms. Questions will be addressed on the webinar as time allows and can also be submitted by the submission deadline of 2pm on September 27th, 2024.