DATE: July 13, 2021
TO: Board of Supervisors
SUBMITTED BY: Robert W. Bash, Director of Internal Services/Chief Information Officer
SUBJECT: Amendments to the Solar and Energy Storage Energy Services Agreements with ForeFront Power for the Juvenile Justice Campus
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute Amendment No. 1 to Energy Services Agreement-Solar No. 20-064 with FFP BTM Solar, LLC ("ForeFront Power") to revise the construction start date and address liquidated damages with no change to the term of February 4, 2020 through February 3, 2045;
2. Approve and authorize the Chairman execute Amended and Restated Energy Services Agreement-Energy Storage No. 20-065 with ForeFront Power to amend and restate the Original Special Conditions with no change to the term of February 4, 2020 through February 3, 2030; and
3. Authorize the Director of Internal Services/Chief Information Officer to approve and execute extensions to the construction start dates for Agreements Nos. 20-064 and 20-065.
REPORT
There is no Net County Cost associated with the recommended actions. Approval of the recommended actions will amend both the solar and energy storage Energy Services Agreements ("ESA") for the Juvenile Justice Campus (JJC). The recommended amendments extend the construction start dates for the project and address liquidated damages due to the County for the delays experienced by ForeFront Power (ForeFront) due to the pandemic. This item is countywide.
ALTERNATIVE ACTION(S):
Your Board could choose not to approve recommended actions one and/or two which would require the Internal Services Department to request payment for liquidated damages, cancel the agreements, and restart the process to acquire new projects. However, this would incur additional costs to prepare a request for proposal and may result with either the same or less favorable rates. Your Board could choose not to approve recommended action three, and require any exte...
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