HomeMy WebLinkAboutAgreement A-25-650 System Order Plaza.pdf Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
Agreement No. 25-650
SYSTEM ORDER
SYSTEM ORDER FCSOOI.Z
Parties "Customer" "Supplier"
The County of Fresno,a California BE Development,Inc., a Delaware
subdivision of the State of California corporation
Bill-To 333 W. Pontiac Way 4353 North l't Street,4tn Floor
Address Clovis, CA 93612
Attn: Business Office San Jose, California 95134
Attn: Accounts Receivable
Email:
Email:
GSDBusinessOffice(&fresnocountyca.gov
Accounts.Receivable@bloomenergy.com
"Site" County Plaza Building
2220 Tulare St
Fresno, CA 93721
Owner of County of Fresno
the Site
Customer's
Interest in 100%equity owner
the Site
This"System Order", dated as of the date of last signature hereto(the"Order Date"), is governed by the
Master Fuel Cell Power Purchase Agreement, dated as of the date of the last signature thereto, by and
between Customer and Supplier, attached as Addendum A hereto(the"Master Agreement"). Addendum
A and the Schedules listed below are incorporated in their entirety by reference and made part of this System
Order, constituting a distinct System Agreement.
Schedule I —Basis of Design
Schedule 2—Scope of Work
Schedule 3—Performance Specifications
Exhibit A—Fresno County Sheriff's Office Jail Division Policies and Procedures
Exhibit B -Background Investigations and Identification(ID)Badges
Addendum A—Master Fuel Cell Power Purchase Agreement
Basic Terms
Site ID FCSOOI.Z
"Installed Capacity" 455 kW
"Payment Terms" 45 days
"Term" 20 years
Customer Solution ("System"),as described in Basis of Design Tier 1 Microgrid
(Schedule 1)
"Guaranteed Critical Output" if applicable) 344 kW
Customer Incentives if an None
"Aggregate Liability Cap" $455,000.00
"Base Rate Adjustment Termination Amount" $0.0100/kWh.
System Order- 1 PPA 4.0
Confidential
Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
"Guaranteed COD Date" 24 months from the Order
Date
COD Deadline Liquidated Damages" (per day) $500.00
"COD Deadline Liquidated Damages Cap" $52,000.00
Note: Pricing for the Services Fee and Termination Values set forth in this System Order are subject to
change until finalization of installation site diligence pursuant to Section 2.1(c)of the Master Agreement.
System Order Valid Until Date: The pricing in this System Order is valid only if executed by December
9th,2025.
1. Services Fee
1.1. Calculation of Services Fee. The Services Fee will be equal to the product of(x) the sum of all
electricity delivered to Customer, as measured by the revenue grade meter in the System and all
Deemed Delivered Energy, in each case during each billing period, multiplied by (y) the "Total
Payment Rate"set forth below.The Total Payment Rate for a given Contract Year is set forth in the
table below:
Services Fee Table
Term:20 Years Rate
Contract Year "Total Payment Rate"
1 $0.1149 kW/h
2 $0.1172 kW/h
3 $0.1195 kW/h
4 $0.1219 kW/h
5 $0.1244 kW/h
6 $0.1269 kW/h
7 $0.1294 kW/h
8 $0.1320 kW/h
9 $0.1346 kW/h
10 $0.1373 kW/h
11 $0.1401 kW/h
12 $0.1429 kW/h
13 $0.1457 kW/h
14 $0.1486 kW/h
15 $0.1516 kW/h
16 $0.1546 kW/h
17 $0.1577 kW/h
18 $0.1609 kW/h
19 $0.1641 kW/h
20 $0.1674 kW/h
2. Termination Values
Termination Values($ II
Month Termination Month Termination Month Termination Month Termination
Number Value Number Value Number Value Number Value
1 $1,885,264 61 $1,495,125 121 $1,052,667 181 $552,932
2 $1,878,682 62 $1,488,125 122 $1,044,751 182 $544,005
3 $1,872,100 63 $1,481,125 123 $1,036,836 183 $535,078
4 $1,865,519 64 $1,474,125 124 $1,028,920 184 $526,152
5 $1,858,937 65 $1,467,125 125 $1,021,004 185 $517,225
6 $1,852,355 66 $1,460,125 126 $1,013,089 186 $508,298
System Order-2 PPA 4.0
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Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
7 $1,845,774 67 $1,453,125 127 $1,005,173 187 $499,372
8 $1,839,192 68 $1,446,125 128 $997,257 188 $490,445
9 $1,832,610 69 $1,439,125 129 $989,342 189 $481,518
10 $1,826,029 70 $1,432,125 130 $981,426 190 $472,592
11 $1,819,447 71 $1,425,125 131 $973,510 191 $463,665
12 $1,812,865 72 $1,418,125 132 $965,594 192 $454,738
13 $1,806,193 73 $1,410,949 133 $957,484 193 $445,597
14 $1,799,521 74 $1,403,773 134 $949,375 194 $436,456
15 $1,792,848 75 $1,396,597 135 $941,265 195 $427,315
16 $1,786,176 76 $1,389,421 136 $933,155 196 $418,174
17 $1,779,504 77 $1,382,245 137 $925,045 197 $409,032
18 $1,772,832 78 $1,375,069 138 $916,935 198 $399,891
19 $1,766,159 79 $1,367,893 139 $908,825 199 $390,750
20 $1,759,487 80 $1,360,717 140 $900,715 200 $381,609
21 $1,752,815 81 $1,353,541 141 $892,605 201 $372,468
22 $1,746,143 82 $1,346,365 142 $884,495 202 $363,327
23 $1,739,470 83 $1,339,189 143 $876,385 203 $354,186
24 $1,732,798 84 $1,332,013 144 $868,275 204 $345,044
25 $1,726,524 85 $1,324,658 145 $859,967 205 $335,684
26 $1,720,249 86 $1,317,302 146 $851,659 206 $326,325
27 $1,713,975 87 $1,309,947 147 $843,351 207 $316,965
28 $1,707,700 88 $1,302,591 148 $835,042 208 $307,605
29 $1,701,426 89 $1,295,236 149 $826,734 209 $298,245
30 $1,695,151 90 $1,287,880 150 $818,426 210 $288,885
31 $1,688,877 91 $1,280,525 151 $810,118 211 $279,525
32 $1,682,603 92 $1,273,170 152 $801,810 212 $270,165
33 $1,676,328 93 $1,265,814 153 $793,502 213 $260,805
34 $1,670,054 94 $1,258,459 154 $785,194 214 $251,445
35 $1,663,779 95 $1,251,103 155 $776,886 215 $242,085
36 $1,657,505 96 $1,243,748 156 $768,578 216 $232,725
37 $1,651,202 97 $1,236,209 157 $760,067 217 $223,142
38 $1,644,900 98 $1,228,671 158 $751,557 218 $213,559
39 $1,638,598 99 $1,221,132 159 $743,047 219 $203,976
40 $1,632,295 100 $1,213,594 160 $734,537 220 $194,393
41 $1,625,993 101 $1,206,055 161 $726,026 221 $184,810
42 1,619,691 102 $1,198,517 162 $717,516 222 $175,227
43 $1,613,388 103 $1,190,978 163 $709,006 223 $165,644
44 $1,607,086 104 $1,183,440 164 $700,496 224 $156,061
45 $1,600,784 105 $1,175,901 165 $691,985 225 $146,478
46 $1,594,481 106 $1,168,363 166 $683,475 226 $136,894
47 $1,588,179 107 $1,160,824 167 $674,965 227 $127,311
48 $1,581,877 108 $1,153,286 168 $666,455 228 $117,728
49 $1,575,231 109 $1,145,560 169 $657,738 229 $107,918
50 $1,568,585 110 $1,137,835 170 $649,022 230 $98,107
51 $1,561,939 111 $1,130,110 171 $640,306 231 $88,296
52 $1,555,293 112 $1,122,385 172 $631,589 232 $78,486
53 $1,548,647 113 $1,114,659 173 $622,873 233 $68,675
54 $1,542,001 114 $1,106,934 174 $614,157 234 $58,864
55 $1,535,355 115 $1,099,209 175 $605,440 235 $49,053
56 $1,528,709 116 $1,091,484 176 $596,724 236 $39,243
57 $1,522,063 117 $1,083,758 177 $588,007 237 $29,432
58 $1,515,417 118 $1,076,033 178 $579,291 238 $19,621
59 $1,508,771 119 $1,068,308 179 $570,575 239 $9,811
System Order-3 PPA 4.0
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Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
60 1 $1,502,125 1 120 $1,060,583 180 $561,858 240 $0
3. LD Rate Schedules
LiquidatedEfficiency Damages
Schedule
Contract Year Efficiency LD Rate
$/MMBtu
1 10.2502
2 10.2755
3 10.3953
4 10.5272
5 10.7798
6 10.7618
7 10.9367
8 11.0443
9 11.7564
10 12.2227
11 12.5909
12 13.0571
13 13.4580
14 13.9316
15 14.4039
16 14.9279
17 15.5567
18 16.0594
19 16.5873
20 17.1415
4. Other Site-Specific Terms
4.1 Site Access Conditions
(a) Site Security Requirements. Supplier's personnel shall cooperate with all Customer's security
personnel at all times, and shall be subject to and conform to Customer security rules and
regulations, including,but not limited to Customer security rules and procedures, as detailed in
Exhibits A and B, attached hereto. Any violations or disregard of these rules may be cause for
denial of access to the Site.Background checks required, and policies listed below,may change
over the course of the term of this System Order. It is the Supplier's responsibility to request
updates from the Customer. All of the Supplier's employees, agents, and subcontractors must
read the policies listed below:
(i) Exhibit A—Fresno Sheriff Sheriff's Office Jail Division Policy&Procedure—Hostage
Situation; and
(ii) Exhibit B—Background Investigations &Identification(ID)Badges.
Security provisions will be strictly enforced. All parties who are required to perform their
individual services at the site shall be limited to the area required to complete the work. Such
access shall be obtained by notification to the Customer's Facility Services Manager, or his or
her designee, of the time and place,prior to commencing the work.
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Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
All keys used during work shall be numbered.Each key issued shall be recorded,and its prompt
return shall be strictly enforced. Duplication of any keys issued is strictly prohibited. These
keys shall be returned to the Customer's representative at the end of each working day, when
required.
Some of the work to be done under this Agreement may be in secured facilities such as jails.
Prior to commencement of work,the Supplier,including all subcontractor and contractors,shall
obtain security clearances for all employees that will be working or making deliveries to the
sites.
When work is performed in secured facilities, it is incumbent upon the Supplier to alert all
workmen of the necessity for extreme care in accounting for,and keeping all areas free of any
and all types of hand tools, power tools, small parts, scrap material, and all other materials
which might be concealed upon the person of an inmate/ward/patient, at all times when such
tools and materials are not used for the task at hand.
Each work area shall be kept clean and in order both during working hours and at the
completion of the working day.
4.2 Hazardous Materials
None
4.3 Licensing Requirements. With reference to Section 6.1 (Performance Standards) of the Master
Agreement, Supplier has the following licenses: California Class B General Building Contractor Lic.
#964578. If Supplier obtains any additional license following COD, Supplier shall provide written
notice to Customer of such license after which, this Section 4.3 shall automatically be deemed
amended to include the license set forth in the notice.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
System Order-5 PPA 4.0
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Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1 B673AOA1
IN WITNESS WHEREOF,the undersigned have executed and delivered this System Order as of the
Order Date:
THE COUNTY OF FRESNO BE DEVELOPMENT,INC.
DoeuSigned by:
B Bcool
y.
Name:Ernest Buddy Mendes Name:Kevin Passalacqua
Title: Chairman of the Board of Supervisors of Title:Vice President,Project Finance
the County of Fresno
Date: December 4,2025
Date: (2Aq L7
Attest:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: ,
FOR ACCOUNTING USE ONLY:
Org: 8935
Account: 7431
Fund: 1045
Subclass: 10000
Signature Page PPA 4.0
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Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
SCHEDULE 1 TO SYSTEM ORDER
BASIS OF DESIGN
1. Overview
This document will provide the technical description and application specifications for the System proposed
to be installed at Fresno County Buildings in Fresno, CA - Plaza Tulare - 2220 Tulare St. The goal is to
provide the information necessary to describe the Customer requirements and present the technical details
of the proposed System.
2. System Design Intent
The intent of this document is to summarize the requirements and operational parameters of the System to
address the problem statements of the Customer as follows:
• Provide a resilient power system that operates both when the grid is present, in Grid-Parallel(GP)
mode, and when the grid is not available, in the Stand-Alone (SA) mode. The transition between
the GP mode and SA mode will be an Open Transition with steps described in Section 4(Modes of
Operation).
3. System Description
The System is comprised of Energy Servers(ES)interconnected to Customer facility switchgear as shown
in the Preliminary Conceptual Design.
4. Modes of Operation
4.1. Grid-Parallel (GP) Mode. This System is designed to operate in parallel with the utility grid as a
baseload generation resource.
• Stand-Alone (SA,) Mode. This mode of operation is expected to be utilized during extended
utility grid outages and needs to supply the microgrid power to the Normal source of the
existing ATS feeding the existing Switchboard/Electrical bus.
Load Management
The Customer hereby consents to the responsibility for the management of any load supplied by Microgrid
Equipment to operate within the Guaranteed Critical Load Output and Step Load specified in the Microgrid
Performance Specification.
5. Preliminary Conceptual Design
To be provided separately for security considerations.
Schedule 1 (Basis of Design)- 1 PPA 4.0
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Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
SCHEDULE 2 TO SYSTEM ORDER
SCOPE OF WORK
This Scope of Work("SOW")describes the Installation Work to be performed by Supplier under the System
Order and Customer's related obligations.Defined terms used in this SOW and not otherwise defined have
the meaning given to such term in the System Order.
1. Turn-Key Design and Installation
(a) Supplier will perform the design, engineering, permitting,procurement, construction, installation,
start-up, testing, and commissioning of the System in accordance with the System Order and this
Scope of Work(the"Installation Work").Additionally,the Installation Work will include:
(i) preparation of gas and, if required, electric interconnection service applications (the "Utility
Applications")for Customer's review and execution;
(ii) all required rigging activity for Supplier-provided equipment; and
(iii) installation of Broadband.
(b) Supplier may commission the System in advance of completing the Installation Work if the
completion of such Installation Work is not integral to the operation of the System.
(c) All change orders regardless of cause—such as a change in Customer requirements,scope addition,
utility or permitting asks, or any other cause -will be billed at cost+20%overhead.
2. Schedule; Estimated Delivery Date; Updated Installation Cost.Within five(5)months or earlier in
Supplier's sole discretion),from the date Customer has satisfied all of the Customer Install Obligations
(a) Supplier will submit to Customer a schedule for completion of the Installation Work(the"Project
Schedule"), including(i)the Estimated Delivery Date; estimated dates for the achievement of any
key milestones and COD, (which are contingent on the completion of Customer's Install
Obligations within the designated timeframe), and (ii) timing and duration of shutdowns or
curtailments, including any other envisioned material impacts on the Site.
(b) Supplier will complete post-contract Site due diligence, electrical switchgear, and design for
submission to permit and, prior to submission for building permit, will revise the installation
estimate (the"Updated Installation Cost") and provide a site due diligence evaluation report for
review with the Customer.
3. Critical Installation Assumptions
(a) Notwithstanding any other provision in the System Order, Supplier's obligation to perform the
Installation Work at the Installation Cost in accordance with the Project Schedule is based upon the
conditions below being true regarding the Installation Work, Customer Install Obligations, the
System,and/or the Site(the"Critical Installation Assumptions").
(i) These are the Critical Installation Assumptions:
• the System will be designed,installed and operated as described in the Basis of Design and
the Preliminary Conceptual Design as set out in Schedule 1 to the System Order;
• ground shipping and rigging of Supplier-provided System equipment only to the Ship-to-
Address in accordance with the System Order is included;
Schedule 2(Scope of Work)- 1 PPA 4.0
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Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
• the System Location shall be comprised of a flat (site slope of 5% or less), hardscape
(concrete or asphalt)outdoor location upon which the System can be mounted or placed on
the ground; surface restoration,inclusive of asphalt patching, is restricted only to the areas
disturbed by direct fuel cell installation activities performed by the Supplier;
• the Site has stable, uncontaminated soils and it does not have any abnormal sub-surface
conditions, and there are no Hazardous Materials at,upon,or under the Site;
• no utility runs or equipment placement crosses or ingresses up any railroad easement,
communication easement, freeway or highway right-of-way, or any other such easement,
whether or not the easement is officially recorded;
• equipment location and all utility runs are outside of designated wetlands, flood way,
floodplain, and flood hazard area;
• all of the existing buildings, structures,fixtures,electrical equipment,machinery and other
improvements at the Site were constructed, and the construction of which remain in
compliance with, Applicable Law, including applicable zoning and building codes and
ordinances;
• all piping and cabling will be run above ground within the System Location,in accordance
with local codes;
• no impact protection is provided;
• while a study to verify existing lightning protection is sufficient is included, it is assumed
existing lightning protection on Site is adequate to protect the System in accordance with
NFPA 780 but will be confirmed in Supplier's Site Diligence Evaluation Report. ; any
additional lightning protection design, supply,and construction may be subject to a change
order;
a there are no restrictions on construction activities during normal business hours or specific
days of the week;
0 the entirety of this System Order may be shared with Supplier's subcontractors;
0 any expenses and/or associated fees relating to the completion of gas, water, or electric
utility interconnection, any upgrades, or any other work required by the utility, inclusive
of any net generating metering (NGOM) and their installation, or PSCAD or any other
modeling,will be at cost+ 10%to the Customer;
• the System will require only one single shutdown and disconnect and such shutdown will
not be rescheduled or delayed; a $75,000 allowance per interconnection is carried for
generator rental to support electrical interconnection; any shutdown costs above and
beyond that allowance, including for customer delays to scheduled shutdowns, will be a
change order to the customer; shutdowns rescheduled by the customer must have a new
date provided within ten(10) days of the original date;
• $7,500 is the total budgeted cost for material and labor to modify the existing equipment
necessary for outage scope necessary for electrical tie-in; any costs above and beyond that
allowance will be a change order to the customer;
• $30,000 is the total budgeted cost for material and labor to install a retaining wall and
handrail;any costs above and beyond that allowance will be a change order to the customer;
• Removal of quantity four(4)trees included;
• Customer Install Obligations will be completed in accordance with Section 4;
Schedule 2(Scope of Work)-2 PPA 4.0
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• the System will be physically connected to utility gas, utility water, and ethernet service
from each applicable utility's point of connection, in accordance with specifications
detailed in Supplier Standards (https://bloomenergy.egwte.com/fl/VJMflHM6tp86), and
as described in the Basis of Design and the Preliminary Conceptual Design as set out in
Schedule 1 to the System Order; electrical connections and facility tie-in points are also as
described in the Basis of Design and the Preliminary Conceptual Design as set out in
Schedule 1 to the System Order; any changes to utility connection(s) locations or
requirements and associated cost increases due to run lengths or any other requirements,
shall by subject to a change order+20%;
• the System will use a 480V interconnection and have a maximum of one interconnection;
• the System will be interconnected behind the utility meter to the customer facility as
detailed in the Basis of Design and Preliminary Conceptual Design, as set out in Schedule
1 to this System Order, and will be capable of operating as a microgrid; each
interconnection includes one (1) four-wire PDS with revenue-grade metering, one (1) DC
switchgear, one (1) 480V disconnect, (1) automatic transfer switch as well as only other
equipment specifically shown on the Preliminary Conceptual Design; any additional
interconnection equipment, including but not limited to breakers, metering, or relaying
dictated by the Customer, utility, or any other party excluding the Supplier, will be
provided as a change order to the Customer at cost+20%;
• $100,000 commissioning allowance per 3250kW or fraction thereof, including generator
and load bank based on Supplier-defined commissioning script; any additional
commissioning costs incurred by Supplier beyond this allowance will be issued as a change
order to Customer;-
* the System will be commissioned based on Supplier Standards to verify the System
operates as described in the Basis of Design through the PDS; MV and transformer
commissioning and testing, if applicable, is not included unless otherwise specified in the
Basis of Design; commissioning of equipment not provided by the Supplier is excluded;
integrated testing with facility loads or use of a commissioning agent is not included. No
noise abatement is planned or budgeted for during commissioning; if required,this will be
an additional cost.
(ii) The Installation Cost does not include any deviation from the Critical Installation Assumptions.
Any deviation the Supplier considers as excluded from the Installation Cost will be identified
in Supplier's Site Diligence Evaluation Report. Further, for example, the following is not
included in the Installation Cost(and where applicable, would be identified by Supplier in its
Site Diligence Evaluation Report):
• any construction work not related to the construction of the System, including but not
limited to: any AHJ,utility, or other inspections not directly related to the construction of
the System; the integration of the System with any building management systems or other
third-party control or monitoring systems;any load control for Customer and/or the facility
served by the System;
• any design or construction standards specified by Customer in addition to those required
by or otherwise not required by Applicable Law;
• any costs associated with unforeseen underground impediments or obstacles, or any other
unforeseen costs associated with meeting the requirements of Applicable Law that are not
otherwise inherent in the installation of Energy Servers;
Schedule 2(Scope of Work)-3 PPA 4.0
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• demolition of existing structures or movement of existing equipment, even if such
structures are located at the System Location; any grading necessary to meet System
Location slope requirements;
• any trenching or excavation method other than with heavy equipment, including but not
limited to hydro excavation or vacuum truck;
• more than a single shutdown of any utility Service Provider interconnection;
• SWPPP design,BMPs,and any other location-or AHJ-specific requirements are excluded;
creation or modification of existing storm water management systems, including any
updates or revisions to existing calculations, are excluded; spill prevention and any
associated costs are excluded;
• environmental studies and air permitting, if applicable;
• any jobsite security systems, guards, or watchmen;
• reimbursement of power and water consumption costs during construction;
• unless specifically identified in the BOD or conceptual drawings included in this System
Order, any improvement, upgrades,restoration,permanent or temporary shoring walls, or
other work to the Site(including buildings,real property,hardscapes, landscapes, services
or utilities)which(i)is not required by Applicable Law,(ii)consists of improvements such
as landscaping,screening,painting,fencing or lighting;(iii)is required by Applicable Law
in order to bring any pre-existing buildings, structures, fixtures, machinery and other Site
improvements into compliance with applicable zoning and building codes and ordinances,
or (iv) are not codified or exceed the requirements of similarly situated projects, but are
nonetheless required by a Governmental Authority as a condition to the issuance of any
Permit;
• warranty assumption or warranty invalidation for any existing facilities, Customer
Equipment, or materials, even if such facilities, equipment, or materials are a part of the
Energy Server installation;
• any special accommodations required by the owner of the Site or Customer not included
in this SOW.
4. Customer Install Obligations
(a) Customer will perform, or cause to be performed, all obligations set forth in this Section 4 without
delay or condition. Timely and complete performance of all these obligations is a necessary
condition for Supplier to complete the Installation Work in accordance with the Project Schedule.
The obligations of the Customer in Sections 4(b) — (h) are the "Customer Install Obligations".
Any delay in the completion of Customer Install Obligations will result in a day-for-day delay in
any liquidated damages or other penalties. For projects with a contractual commitment to a COD
deadline within six(6)months or less of System Order Date,all obligations below must be complete
within(1)business day.
(b) Customer will:
(i) maintain each load level on each meter affected by this Installation, such that the System sizing
methodology,and,if applicable,Microgrid sizing methodology,detailed in the Basis of Design
remains valid. Failure to maintain loads by meter will result in rending the financial model
invalid, and any future changes to the system architecture or interconnection following COD
will be the sole responsibility of the Customer;
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(ii) within ten (10) Business Days following the Order Date, identify to Supplier the personnel or
other agents of Customer responsible for or with authority on behalf of Customer to:
• provide any information related to utilities requested by Supplier, review and execute
Utility Applications;
• provide any information related to Permits requested by Supplier,review,and execute any
Permit(or application therefore)required to be held in Customer's name;
• provide design review and acknowledgement;
• approve utility service shut downs and other material impacts on the Site;
• if applicable, provide Supplier (or its designated Subcontractor) third-party authorization
to represent Customer in connection with the Utility Applications; and
• coordinate and grant access to Supplier for Site investigations,including the interior of the
facility served by the System; access is assumed to be provided inclusive of parking,
without need for parking fees or shuttle services
(iii) within ninety (90) Business Days following the Order Date, provide up-to-date copies of the
following documents for the Site, in electronic format and in accordance with applicable
industry standard requirements, or confirm in writing that such documents do not exist or are
otherwise impossible for Customer to provide:
• an existing site plan,an electrical one-line,mechanical as-built drawing, electrical as-built
drawings, architectural documents;
• existing breaker studies; arc flash details;
• most recent available geotechnical reports or soil studies; title report dated within 12
months; most recent available ALTA,boundary, or similar surveys; most recent available
Phase 1 ESA,or more extensive environmental survey;most recent available topographical
survey.
(c) within ninety(90)Business Days following the Order Date,provide Supplier with all consents and
approvals of any applicable third parties having rights to the Site (including any Site landlord,
mortgagor, or other Site tenant)necessary for the Installation Work;
(d) Design& Schedule. Customer will:
(i) review and respond to the Conceptual Design with approval or identification of any errors
within thirty(30)Business Days from the date of receipt; failure to respond within thirty(30)
Business Days will automatically be deemed approval; and
(ii) review and respond to the Project Schedule with approval or identification of any conflicts
within thirty(30)Business Days from the date of receipt; failure to respond within thirty(30)
Business Days will automatically be deemed approval; and
(iii) prior to the date for construction mobilization set in the Project Schedule, ensure that the
System Location and surrounding area is clear from any above-ground interference and
obstructions that would interfere with the Installation Work, and maintain immediate area of
construction as unoccupied by Customer for the duration of construction.
(e) Permits;Utilities. Customer will,or will cause its landlord,if applicable,to:
(i) within ninety(90)Business Days of Supplier's request,review,execute and deliver to Supplier:
Schedule 2(Scope of Work)-5 PPA 4.0
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• each Permit required to be held in Customer's (or its landlord's)name or any application
thereof,
• any letter of authorization or similar document required for Supplier to obtain Permits in
Customer's(or its landlord's)name;
• review,execute,and deliver to Supplier any agreements with a Utility Service Provider for
utility service and interconnection;
(ii) upon request,provide reasonable assistance requested by Supplier to obtain any Permit,Utility
Application,or, if applicable,any other necessary permissions; and
(iii) upon request,provide reasonable accommodations required at the Site and/or the facility served
by the System in connection with any utility shutdown required in connection with the
Installation Work, such as generators, cables, and any other equipment identified by Supplier
in advance of such shut down. Shutdowns rescheduled by the Customer must have a new date
provided within thirty(30)days of the original date; and
(iv) Customer will pay ongoing Internet Service Provider(ethernet/TI data) invoices to Supplier's
telemetry and utility SCADA, if required, for the duration of the contract.
(f) Customer shall be solely responsible for completing any additional/unanticipated work at the Site
(necessary to achieve COD), within a mutually-agreed upon schedule that aligns with the Project
Schedule, that arises from or relates to circumstances or physical condition(s) at the Site (which
includes the System Location) that are of an unusual nature, which differ materially from those
normally encountered and generally recognized as inherent in the installation of the System (and
are not expressively covered by the Critical Installation Assumptions).
(g) Customer will provide, as Supplier may reasonably request in connection with its performance of
the Installation Work, such other support and deliver such other documents, including providing
any certificates or consents required or requested by third parties within the time periods fixed by
such third parties.
(h) Customer's failure to complete the Customer Install Obligations may result in delays of the
Installation Work and cause Supplier to incur additional costs in order to complete the Installation
Work.Any increase in the Installation Cost or schedule incurred by Supplier due to: (i)Customer's
failure to perform the Customer Install Obligations in accordance with this Section 4, (ii) a
Customer Delay, (iii) the failure of a Critical Installation Assumption to be true and accurate; or
(iv) as a result of additional work requested by Customer or required to be performed by Supplier
outside this SOW, in each case will be passed onto the Customer.
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SCHEDULE 3 TO SYSTEM ORDER
PERFORMANCE SPECIFICATIONS
The following is a table(the"Efficiency Specifications Summary Table") summarizing key terms of
the Efficiency Warranty and Efficiency Guaranty(the"Efficiency Specifications"):
Warranted Heat Warranted
Efficiency Rate(HHV Efficiency Measurement Measurement Period
Specification Btu/kWh Percentage LHVI Date
Efficiency 7,554 50%
Warrant Calendar Year Cumulative
Efficiency 6,995 54% Calendar Year Cumulative
Guaranty
(A)"Warranty": Supplier warrants that the System, over each Measurement Period during the Term,will
maintain an average Heat Rate of no more than the Warranted Heat Rate.
"Efficiency Specification" means the applicable Specification in the Efficiency Specifications
Summary Table.
"Efficiency Percentage" means the percentage identified as the "Warranted Efficiency Percentage
LHV" in the Efficiency Specifications Summary Table.
"Warranted Heat Rate" means the applicable number of HHV Btus per kWh identified as the
"Warranted Heat Rate(HHV Btu/kWh)" in the Efficiency Specifications Summary Table.
"Warranted Efficiency Percentage" means the percentage identified as the "Warranted Efficiency
Percentage LHV" in the Efficiency Specifications Summary Table.
"Measurement Date"means,as of a given year during the Term,the last day of the applicable calendar
year(or the last day of the Term, if earlier).
"Measurement Period" means the period (X) commencing on the later of(A)the System's COD or
(B)the date of a Warranty Correction, and(Y)continuing until the applicable Measurement Date.
(B) Exclusions. Notwithstanding clause (A) above, the Efficiency Specifications do not apply during any
period in which a Customer Exclusion or a Warranty Exclusion exists, occurs, and/or continues.
"Customer Exclusion"means, as applicable: (i) any event within the reasonable control of Customer
which prevents Supplier from performing the Maintenance Work or prevents the System from
producing or delivering electricity up to its full Installed Capacity (including scheduled outages, any
System Outage, or operating the System at less than its full Installed Capacity); (ii)Customer's failure
to comply with any of its obligations under the System Order(including failure to pay)or the failure of
a Critical Service Assumption to be and remain true on and after COD; (iii)Customer's failure to take
all electricity generated by the System up to its full Installed Capacity; (iv) any down-time attributable
to any phased installation of the System, if applicable; or (v) any ramp-up period required to resume
full operation of the System following a suspension due to any of the foregoing.
"Warranty Exclusion"means,as applicable: (i)a Force Majeure Event or a Grid Event, including any
failure of or damage to the System as a result of any Force Majeure Event or Grid Event; (ii)failure of
the System in part or in whole due to the operation,repair,modification or tampering with any part of
1 Note:This value is the Warranted Heat Rate converted into an efficiency percentage in LHV for illustration
purposes.
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Confidential
Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
the System by anyone other than a Supplier Person; (iii) a Government Authority, a Utility Service
Provider, or the Fuel Supplier requires disconnection and/or curtailment from the applicable
distribution system; or (iv) any ramp-up period required to resume full operation of the System
following a suspension due to any of the foregoing.
(C) Calculations
(1) The"Heat Rate", expressed as Btu HHV/kWh, is calculated over a given Measurement Period as
follows:
Heat Rate HHV
Btu Fuel Usage HHV(Btu)
=
kWh Delivered Energy(kWh)
"HHV" means higher heating value. It is also known as gross energy, upper heating value, gross
calorific value or higher calorific value.
"Btu"means the British thermal unit,which is a unit of heat.
"Fuel Usage" means the amount of natural gas (or other fuel supply source, if applicable, as set
forth in the relevant System Order) consumed by System, expressed in Btu, as measured by the
System.
"Delivered Energy"means the number of kilowatt-hours of electricity delivered by the System as
measured by the System's revenue grade meter during the applicable Measurement Period.
(2) The Efficiency Percentage is a conversion of the Heat Rate into an efficiency percentage in LHV.
It is calculated over a given Measurement Period as follows:
Delivered Energy(kWh) x (3,412 Btu)x 1.1 (HHV)
Efficiency Percentage LHV= kWh LHV
Fuel Usage HHV (Btu)
"LHV"means the lower heating value.It is also known as net calorific value or the lower calorific
value.
(D)Deficiencies. Supplier will maintain a ledger recording the cumulative Efficiency Bank as of each
Measurement Date.
"Efficiency Bank"is measured over the applicable Measurement Period and calculated as follows:
Efficiency Bank (mmBtu)=Forecasted Fuel Usage (Btu) -Fuel Usage (Btu)
1,000,000
"Forecasted Fuel Usage" means the number of Btus that would be consumed by the System if such
System operated at a Heat Rate equal to the Warranted Heat Rate, measured over the applicable
Measurement Period and calculated as follows:
Btu
Forecasted Fuel Usage (Btu)=applicable Warranted Heat Rate(kWh)x Delivered Energy (kWh)
Efficiency Warranty:
"Warranty Deficiency" means the System has failed to perform in accordance with Efficiency
Warranty as evidenced by the Efficiency Bank having a value less than zero as of a given Measurement
Date.
Efficiency Guaranty:
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Confidential
Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
"Guaranty Deficiency" means the System has failed to perform in accordance with the Efficiency
Guaranty as evidenced by the Efficiency Bank having a value less than zero as of a given Measurement
Date.
(E) Remedies
Efficiency Warranty. If the System fails to perform in accordance with the Efficiency Warranty as of
a given Measurement Date, Customer may make a written warranty claim. Supplier will verify if the
Efficiency Bank has a value less than zero as of such Measurement Date to validate the claim. If
validated, Supplier will perform a Warranty Correction within ninety (90) days thereof. After a
Warranty Correction is complete(the"Warranty Correction Date"),the Efficiency Bank will be reset
to zero as of the Warranty Correction Date and the System will maintain an average Heat Rate equal to
or greater than the Warranted Heat Rate over the ninety(90) days after the Warranty Correction Date,
failing which, a new Warranty Deficiency will be deemed to have occurred and Supplier will perform
a new Warranty Correction.
"Warranty Correction"means after the occurrence of a Warranty Deficiency,the System is repaired
or replaced to perform in accordance with the Efficiency Warranty.
Efficiency Guaranty. If the System fails to perform in accordance with the Efficiency Guaranty as of
a given Measurement Date, Customer will make a written guaranty claim. Supplier will verify if the
Efficiency Bank for the Efficiency Guaranty has a value less than zero as of such Measurement Date
to validate the claim.If validated, Supplier will pay Customer the applicable amount of Efficiency LDs
as liquidated damages and not as a penalty, within 60 days of such verification. Efficiency LDs are
limited to and will not exceed $42,087.50 Upon payment of the Efficiency LDs to Customer, the
Efficiency Bank for the Efficiency Guaranty will be reset to zero
"Guaranty Correction"means after the occurrence of a Guaranty Deficiency,the Efficiency LDs are
paid.
"Efficiency LDs" means, as of a given Measurement Date, the product of(i)the Efficiency Bank for
the Efficiency Guaranty as of such Measurement Date and(ii)the Efficiency LD Rate applicable as of
such Measurement Date.
The Parties acknowledge and agree that it would be impracticable or impossible to determine with
precision the amount of damages that would or may be incurred by Customer as a result of the Project's
failure to satisfy the Efficiency Guaranty. It is therefore understood and agreed by the Parties that:
(a)Customer may be damaged by Provider's failure to satisfy the Efficiency Guaranty; (b)it would be
impractical or impossible to fix the actual damages to Customer resulting therefrom; and (c)payment
of the Efficiency LDs are in the nature of liquidated damages, are not a penalty, and are a fair and
reasonable estimate of appropriate compensation for the losses that Owner may reasonably be
anticipated to incur by such failure.
THE REMEDIES SET FORTH HERE ARE CUSTOMER'S SOLE REMEDIES FOR THE
SYSTEM'S FAILURE TO PERFORM IN ACCORDANCE WITH THE EFFICIENCY
SPECIFICATIONS.
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Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
The following are the"Microgrid Specifications":
To be provided separately for security considerations.
(A)Microgrid Warranty. Supplier warrants that during a Grid Event, the System will produce power
based on Customer's facility load requirement in compliance with the Microgrid Specifications up to
the Guaranteed Critical Output(the"Microgrid Warranty").
"Microgrid Equipment" means equipment (i) configured to allow the System to autonomously
generate electricity up to the Guaranteed Critical Output and deliver it to Customer's facility without
an active connection to the electric grid, and(ii)designed to operate in compliance with the Microgrid
Specifications.
"Microgrid Specifications"means the specifications set forth in the table above.
"Grid Event" means a curtailment, malfunction or other failure of the electric grid interconnected to
the System, such as brownouts,blackouts, and imposed load shedding by the local electric utility.
"Guaranteed Critical Output"is set forth in the System Order.
(B) Exclusions. Notwithstanding clause (A) above, the Microgrid Warranty does not apply during any
period during which a Customer Exclusion or Warranty Exclusion occurs.
"Customer Exclusion"means(i)any event within the reasonable control of Customer which prevents
Supplier from performing the Maintenance Work or prevents the System from producing or delivering
electricity(including scheduled outages or any System Outage); (ii)Customer's failure to comply with
any of its obligations under the System Agreement(including failure to pay) or the failure of a Critical
Service Assumption to be and remain true on and after COD; (iii) any down-time attributable to any
phased installation of the System, if applicable; or (iv) Customer's failure to operate the Microgrid
Equipment in accordance with the applicable Microgrid Specifications.
"Warranty Exclusion" means (i) a Force Majeure Event, including any failure of or damage to the
System as a result of any Force Majeure Event; (ii) failure of the System in part or in whole due to the
operation,repair,modification or tampering with any part of the System by anyone other than a Supplier
Person; or (iii) a Governmental Authority, a Utility Service Provider, or the Fuel Supplier requires
disconnection and/or curtailment from the applicable distribution system; or (iv) any ramp-up period
required to resume full operation of the System following a suspension due to any of the foregoing.
(C) Deficiency
"Warranty Deficiency" means the System has failed to perform in accordance with Microgrid
Warranty, as evidenced by (1) the Microgrid Equipment failing to operate in compliance with the
Microgrid Specifications, and/or (2) the System failing to operate at the Guaranteed Critical Output
during a Grid Event when Customer's load is at least equal to the Guaranteed Critical Output.
(D)Remedies
In the event of a Warranty Deficiency, Supplier shall notify Customer accordingly. If Customer
recognizes a Warranty Deficiency prior to notification from Supplier, Customer shall notify Supplier
accordingly.Upon notification, Supplier shall:
(1) Dispatch an authorized service technician within eight(8)hours of notification; and
(2) Determine whether the System effectively is not performing in accordance with the Microgrid
Schedule 3 (Performance Specifications)-4 PPA 4.0
Confidential
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Specifications within twenty-four (24) hours of dispatch, and, if no Customer Exclusion or
Warranty Exclusion is applicable,begin a Warranty Correction.
a. Subject to Sections (D)(2)(b), D 2 c , and (D)(2)(d) below, for each hour until a
Warranty Correction is achieved, Supplier will pay Customer $91.00 as liquidated
damages and not as a penalty("Microgrid Liquidated Damages").
b. Notwithstanding the foregoing,Supplier shall only be required to begin paying Microgrid
Liquidated Damages until after the System has experienced twenty-four(24)cumulative
hours of Warranty Deficiency over the lifetime of the Term.
c. Notwithstanding the foregoing, if Supplier notifies Customer that a Customer Exclusion
or Warranty Exclusion applies and Customer objects in writing to such notice, then, if
such Customer Exclusion or Warranty Exclusion can be resolved by a root cause analysis,
then the Parties shall mutually select a qualified third-parry to perform(at Supplier's cost)
an objective root cause analysis ("Root Cause Analysis"). If the third-party performed
Root Cause Analysis determines that a Customer Exclusion or Warranty Exclusion is
applicable,then Supplier shall have no obligation to pay Customer Microgrid Liquidated
Damages.
d. Supplier's payment of Microgrid Liquidated Damages is capped at and shall not exceed
$91,000.
"Warranty Correction"means after a Warranty Deficiency,the Microgrid Equipment and/or
System is repaired to perform in accordance with the Microgrid Warranty.
THE REMEDIES SET FORTH ABOVE ARE CUSTOMER'S SOLE REMEDIES FOR THE
SYSTEM'S OR MICROGRID EQUIPMENT'S FAILURE TO PERFORM IN ACCORDANCE
WITH THE MICROGRID WARRANTY.
Schedule 3 (Performance Specifications)-5 PPA 4.0
Confidential
Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
EXHIBIT A
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-06-96, 09-01-
99,
12-01-10
AUTHORITY: SheriffM. Mims APPROVED BY: Assistant SheriffT. Gattie
REFERENCE: California Code of Regulations,Title 15, Section 1029(a)(7)(B)and
Penal Code Section 236.
PURPOSE:
The purpose of this policy is to establish procedures which provide for the resolution of a hostage-taking
incident while preserving the safety of staff,public,inmates,and hostages, and maintaining facility security.
POLICY:
The Fresno County Sheriffs Office Jail Division maintains a NO HOSTAGE FACILITY and will not
consider bargaining with hostage takers for ANY reason.
It is the policy of the Fresno County Sheriffs Office Jail Division that once any staff member is taken hostage,
they immediately lose their authority and any orders issued by that person will not be followed regardless
of their rank or status.
It is the policy of the Fresno County Sheriffs Office Jail Division that the primary responsibility of all staff
members in a hostage situation is to protect every person involved, if possible, from serious injury or death.
PROCEDURES:
L DEFINITION
HOSTAGE SITUATION: any staff member,citizen or inmate held against their will by another person
for the purpose of escape,monetary gain or any reason which may place an individual in danger of
losing life or suffering serious injury.
IL NOTIFICATIONS. CONTAINMENT AND CONTROL OF THE SITUATION
A. Emergency procedures and notifications shall be implemented as per Emergency Planning
procedures(B-101/17ILE: EMERGENCY).
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B. The Watch Commander will notify the Patrol Watch Commander and apprise them of the incident.
The Patrol Watch Commander may be requested to activate the Crisis Negotiations Team(CNT),
outside support agencies,equipment,personnel,and dispatch a detective to the scene for the crime
report.
III. DURING NEGOTIATIONS
A. While at the scene,the CNT members will conduct all verbal or written communications between
the hostage taker(s) and the Incident Commander. CNT will immediately notify the Incident
Commander of any changes in the following situations:
1. Hostage status
2. Incident changes and developments
3. Hostage taker demands
4. Any and all pertinent information concerning the incident
B. Staff members at the scene not actively involved with negotiations will not act or speak out to the
hostage taker(s)or hostages.
C. The Tactical Commander will formulate a plan to take the necessary actions,using the appropriate
force, to terminate the hostage situation in the event negotiations fail. Hostage safety will be of
paramount concern.
IV. HOSTAGE SURVIVAL STRATEGIES
A. Iftaken hostage, it is important to make the transition from being a victim to being a survivor. The
following are not strict rules that must be rigidly followed, but rather general guidelines. There
will always be exceptions.
1. Regain/maintain composure. Try to be calm, focused and clear-headed at all times. Do not
stand out from other hostages. Drawing unnecessary attention increases the chance of being
singled out and victimized.
2. Maintain a low-key,unprovocative posture. Overt resistance is usually counterproductive in
a hostage situation.
a. Remain calm and follow instructions. Comply with the hostage takers when at all possible.
b. Be stoic. Maintain an outward face of acceptance of adversity with dignity. Avoid open
displays of cowardice and fear. Inmates will view frailty and feebleness as weakness,
which may lead to victimization.
c. Do not antagonize,threaten or aggravate the hostage takers.Avoid saying "no", or arguing
with the hostage takers. Do not act authoritative. The hostage takers must make it known
that they are in charge.
d. Eye contact may be regarded as a challenge; make eye contact with the hostage takers
sparingly.
e. Fight off basic instincts, such as anger and hostility. Be polite and remain alert. Speak
Exhibit A(Jail Division Policies&Procedures)-2
Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
normally and don't complain.
3. Hostages should try to establish a level of rapport or communication with their captors in
attempt to get the captors to recognize them as human beings.
a. Find a mutual ground, an association with the hostage takers. Foster communication on
non-threatening topics(e.g., family,hobbies, sports, interests).
b. Use the captors' first names, if known. However, if hostage takers are attempting to
conceal their identity, do not give any indication that they are recognized.
c. Listen actively to the captors' feelings and concerns, but never praise, participate in, or
debate their "cause". If they want to talk about their cause, act interested in their
viewpoints. Avoid being overly solicitous, which may be viewed as patronizing or
insincere.
d. Do not befriend the inmates; such an attempt will likely result in exploitation.
e. Try asking for items that will increase personal comfort.Make requests in a reasonable,
low-key manner.
4. Be prepared to be isolated and disoriented.
a. Do not talk to other hostages. The hostage takers may think a plot is being formed.
b. Develop mind games to stimulate thinking and maintain mental alertness.
5. Be tolerant of fellow hostages. Just as each person has different reactions to stress, each
individual will have different methods of coping as a hostage. Some methods are not effective
and may endanger the group, or be annoying to other hostages(e.g., constant talking). Try to
help these people cope in other ways.
6. Gather intelligence. Hostages should take in and store as much detail, about their captors as
possible without drawing attention to their efforts. Make mental notes and attempt to gather
the following information: identification of the ring leader,the number of hostage takers,the
type of weapons they are using,their tactics, location within the area, etc.
7. Maintain hope. Depending on the circumstances, resolution of hostage situations can be a
lengthy process.
B. Stay away from doors and windows through which rescue teams may enter or shoot. If a rescue is
attempted, drop to the floor and keep hands in view.
C. If there is a chance to escape, the hostage should be certain of their success.
1. Balance the likely payoff of any behavior with the possible consequences. Hostage takers
may use violence or death to teach a lesson.
2. Realize that Central Control will not open any doors for anyone.
D. Hostages should be aware ofthe"Stockholm Syndrome",wherebyhostages begin to show sympathy
toward their captors. Hostages who develop Stockholm Syndrome often view the captor as giving
life by simply not taking it. Such hostages often misinterpret a lack of abuse as kindness and may
develop feelings of appreciation for the perceived benevolence.
Exhibit A(Jail Division Policies&Procedures)-3
Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
EXHIBIT B
BACKGROUND INVESTIGATIONS AND IDENTIFICATION(ID)BADGES
Background Investigations
Prior to the beginning of any services, one (1)background check may be required for every member of
the Contractor's personnel providing services to a building location for the life of the agreement. The
background check may be required before access is given to any County facility/property.Clearance will
only be granted after a successful background check, completed by the County of Fresno Sheriff's
Department. Background checks provided by any agency other than the County of Fresno Sheriff's
Department will not be accepted.
The current cost of a background check is $52 per person. This cost will be incurred by the Contractor.
One check covering the cost of background checks for all employees shall be made payable to: Sheriff,
County of Fresno. The Contractor will be notified regarding the result of background checks. Those that
are accepted will report to County of Fresno Security to have their photo taken and ID badge issued.
Background checks are done on a first-come, first serve basis between the hours of 7:00 a.m. and 12:00
noon. Monday through Friday. The process takes approximately 20 minutes time. The amount of time it
takes to receive the result of background checks varies from one day to a month(or longer), dependent
upon the individual's history.
Individuals who are cleared through this process are entered into the Department of Justice database.
Their records are flagged and the County of Fresno Sheriff's Department is notified if the person is ever
arrested in the future.
When required by County,applicants'background checks must be approved prior to entering any County
facility.Approval will not be granted to any individual possessing any of the following circumstances:
1. They have been convicted of a felony, or any crime involving moral turpitude, or carrying or
possessing a dangerous weapon.
2. They have been charged with a felony or are currently under investigation for a felony.
3. They are charged with or convicted of any crime committed in or at a correctional institution.
4. They are currently on parole or probation or are a sentenced inmate at any correctional facility.
5. They have been refused a license as a private investigator or had such license revoked.
6. They have fraudulently represented themselves, their credentials, their employment or their
criminal or arrest record on their application.
7. Make omissions or false statements on their application.
8. They have no valid reason for entering a facility.
9. Their admission into a facility could represent a threat to security,staff or inmate safety.
10. Further information regarding the criteria for background check clearance,including an appeal for
process for someone who may be denied clearance, is available upon request.
Exhibit B (Background Investigations/ID Badge Requirements)- 1
Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
Identification(ID)Badges
The Contractor's employees will be issued a badge that must be worn and be visible at all times
during performance of work in any County building to identify the wearer as an individual who is
authorized to enter County facilities.
1. ID badges will be given only after successfully completing the background investigation.
ID badges will be issued when the photo is taken. If electronic access to any County
facility is required, activation of the badge may take an additional 48 hours to complete.
2. The wearer will not escort or bring any other individuals into any County facilities.County
issued ID badges are for the exclusive use of the individual named and pictured on the
badge.
3. All ID badges will remain the property of the County and are returnable upon demand or
upon the expiration of the contract. The Contractor will be responsible for collecting all
ID badges issued and turning them in to the County Security Office when a contract ends
or when an employee leaves employment. The Contractor will assume all responsibility
for their employee's use of and the return of the County ID badges.
4. The ID badges will only be issued to individuals passing the Background check. Each
individual will need to present themselves in person with a valid, clean, and legible copy
of a Driver's license or State-issued Identification Card to receive an ID badge.
Exhibit B(Background Investigations/ID Badge Requirements)-2
Docusign Envelope ID:06C28BEO-3579-4538-A325-73C1B673AOA1
ADDENDUM A
MASTER FUEL CELL POWER PURCHASE AGREEMENT
Addendum A(Master Fuel Cell Power Purchase Agreement)