CONDUCTED A PUBLIC HEARING IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE, SECTION
4217.12. NO PUBLIC TESTIMONY RECEIVED. CLOSED PUBLIC HEARING. A MOTION WAS MADE BY
SUPERVISOR CHAVEZ, SECONDED BY VICE CHAIRMAN BREDEFELD, THAT THIS MATTER BE ACTED ON
AS FOLLOWS: 1) ADOPT AND AUTHORIZE THE CHAIRMAN TO EXECUTE RESOLUTION MAKING THE
DETERMINATIONS THAT THE TERMS OF THE MASTER FUEL CELL POWER PURCHASE AGREEMENT AND
EACH SYSTEM ORDER AGREEMENT WITH BLOOM DEVELOPMENT, INC. ARE IN THE BEST INTERESTS
OF THE COUNTY, AND MAKING THE FINDINGS 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)
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; 3)
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, WITH AN
INITIAL 20-YEAR TERM AND UNLIMITED OPTIONAL ONE-YEAR RENEWALS; 4) APPROVE AND AUTHORIZE
THE CHAIRMAN TO EXECUTE THE SYSTEM ORDER AGREEMENTS WITH BLOOM DEVELOPMENT, INC.,
FOR THE DESIGN, ENGINEERING, PERMITTING, PROCUREMENT, CONSTRUCTION, INSTALLATION,
START-UP, TESTING, AND COMMISSIONING OF SOLID OXIDE FUEL CELL SYSTEMS, ALLOWING THE
COUNTY TO PURCHASE ENERGY AT SPECIFIED RATES FOR EACH OF THE FRESNO COUNTY SHERIFF
OFFICE JAIL AND PLAZA BUILDING, EFFECTIVE UPON EXECUTION FOR AN INITIAL 20-YEAR TERM AND
UNLIMITED OPTIONAL ONE-YEAR RENEWALS; AND 5) AUTHORIZE THE DIRECTOR OF GENERAL
SERVICES, OR THEIR DESIGNEE, TO APPROVE AND EXECUTE: A) ALL INTERCONNECTION
APPLICATIONS AND AGREEMENTS REQUIRED BY THE LOCAL UTILITY COMPANY TO OPERATE THE
SOLID OXIDE FUEL CELL SYSTEMS; B) CONTRACT CHANGE ORDERS, NOT TO EXCEED A $0.01 PER
KILOWATT HOUR INCREASE IN THE SPECIFIED BASE RATES DETAILED IN THE SYSTEM ORDERS; AND
C) ANY AGREEMENTS, CONSENTS, WAIVERS, INCUMBENCY, ESTOPPEL, OR SIMILAR CERTIFICATES,
RECORDABLE REAL ESTATE PROPERTY RIGHTS, AND ANY RELATED DOCUMENTS, ALL SUBJECT TO
APPROVAL BY COUNTY COUNSEL AS TO LEGAL FORM AND AUDITOR-CONTROLLER/TREASURER-TAX
COLLECTOR AS TO ACCOUNTING FORM, NECESSARY TO FINALIZE AND EXECUTE THE RECOMMENDED
AGREEMENTS, INCLUDING ANY FINANCING THAT BLOOM DEVELOPMENT, INC. MIGHT LATER OBTAIN IN
RELATION TO SUCH AGREEMENTS. THE MOTION CARRIED BY THE FOLLOWING VOTE:
4 - Bredefeld, Chavez, Mendes, and Pacheco
1 - Magsig
Ayes:
Recuse:
Resolution No. 25-377, Agreement No. 25-648, Agreement No. 25-649, Agreement No. 25-650