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File #: 25-0622   
On agenda: 12/9/2025 Final action: 12/9/2025
Enactment date: Enactment #: Resolution No. 25-377, Agreement No. 25-648, Agreement No. 25-649, Agreement No. 25-650
Recommended Action(s)
1. Conduct a public hearing in accordance with California Government Code, section 4217.12 for your Board to determine that the terms of the Master Fuel Cell Power Purchase Agreement (in Recommended Action No. 4), and each System Order Agreement with Bloom Development, Inc. (in Recommended Action No. 5), are in the best interests of the County, and to find that the anticipated costs to the County for electrical energy or conservation services to be provided by the solid oxide fuel cell systems under each of the proposed System Orders, respectively, will be less than the County's anticipated marginal costs for the purchase of such energy and conservation services in the absence of each proposed System Order, respectively; 2. Adopt and authorize the Chairman to execute Resolution making the determinations and findings as described in Recommended Action No. 1 (California Government Code, section 4217.12); 3. Under Administrative Policy No. 34 for competitive bids or requests for proposa...
Attachments: 1. Agenda Item, 2. Exhibit A, 3. Suspension of Competition, 4. Resolution No. 25-377, 5. Agreement A-25-648 PPA, 6. Agreement A-25-649 System Order (FCSO Jail), 7. Agreement A-25-650 System Order (Plaza)
DATE: December 9, 2025

TO: Board of Supervisors

SUBMITTED BY: Raymond T. Hunter, Director, General Services Department

SUBJECT: Agreements with Bloom Development, Inc.

RECOMMENDED ACTION(S):
TITLE
1. Conduct a public hearing in accordance with California Government Code, section 4217.12 for your Board to determine that the terms of the Master Fuel Cell Power Purchase Agreement (in Recommended Action No. 4), and each System Order Agreement with Bloom Development, Inc. (in Recommended Action No. 5), are in the best interests of the County, and to find that the anticipated costs to the County for electrical energy or conservation services to be provided by the solid oxide fuel cell systems under each of the proposed System Orders, respectively, will be less than the County's anticipated marginal costs for the purchase of such energy and conservation services in the absence of each proposed System Order, respectively;

2. Adopt and authorize the Chairman to execute Resolution making the determinations and findings as described in Recommended Action No. 1 (California Government Code, section 4217.12);

3. Under Administrative Policy No. 34 for competitive bids or requests for proposals (AP 34), determine that an exception to the competitive bidding requirement under AP 34 is satisfied and a suspension of competition is warranted due to unusual or extraordinary circumstances, as Bloom Development, Inc. is the only vendor with access to their proprietary formulation and software for their solid oxide fuel cell systems, which offers the County a uniquely power-dense clean energy solution;

4. Approve and authorize the Chairman to execute the Master Fuel Cell Power Purchase Agreement-General Terms and Conditions with Bloom Development, Inc. to provide general terms and conditions for the installation, operation, and maintenance of solid oxide fuel cell systems and recommended System Order Agreements (in Recommended Action No. 5), with an initial 20-year term and unlimi...

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