Agenda, first session — Fairfield City Council, August 20, 2024 (part 3 of 4)

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 381 of 634Attachment 1 Page 2 of 2

Quotation 103474
10 Betnr Industrial Drive - Pittsfield, MA 01201
PH: 413-443-7359 - FAX: 413-445-7865
Quotation Date:

Lenco Tax ID#:
06/27/24
04-2719777
FA004Customer Code:

Page #:21 of
Fairfield Police Department
1000 Webster Street
Fairfield, CA 94553 USA
Bill To
Fairfield Police Department
1000 Webster Street
Fairfield, CA 94553 USA
Ship To
Net 30 Days FOB: Destination
Payment Terms
Lenco Contact
Daniel Besemer
Shipping Terms
Estimated Completion
Ship Via
Common Carrier
Inspection & Acceptance
At Lenco's Facility, Pittsfield, MA14-18 months ARO (Est.) Unit Price TotalQtyItem:Product #
Vehicle configuration 4750
$228,803.00Lenco BearCat BC55003-BASE 1 $228,803.00
Options:

California Mandated Solid Burn Red & Blue-Front, Amber & Blue-Rear LED_CALIF 1 Exterior Paint Color: Charcoal Gray CHARCOAL_GRAY 1
$13,200.0022.5" Tire and Wheel Upgrade BCTWU 1 $13,200.00 $9,995.00Diesel Engine, 6.7L Turbo BCDLEN 1 $9,995.00
$9,823.004-Door Configuration BC4DR 1 $9,823.00
$1,824.00(1) 7" Vertical GunPort Upgrade BCGP7 8 $228.00 $1,508.00Electric Power Mirrors BCMIR 1 $1,508.00
$4,422.00360 Camera System BC360DEG 1 $4,422.00
$502.00Radio Prep Package, (1) Max (2)BCINSRA 1 $502.00 $7,182.00Rear A/C - Heating Systems: High Capacity Upgrade BCHACUP 1 $7,182.00 $14,975.00Hydraulic Ram Upgrade wFront Mounted Receiver with Ram Post and Plate BCHYDRAM 1 $14,975.00 $14,552.00Gas Injector Unit BCGIU 1 $14,552.00
$1,200.00Break and Rake BCBAR 1 $1,200.00
$1,280.00Door Pivoting Ram Head BCDPRH 1 $1,280.00
$6,102.00VSP Style Low Profile & Scene Lighting Pkg BCVSPL 1 $6,102.00 $2,808.00Roof Mounted Remote Control Spot Light - LED BCSLLED 2 $1,404.00 $1,853.00Take Down Light (Bumper Mounted)BCTDL 1 $1,853.00 $6,387.00AC-DC Power Inverter w/ Auto Eject BCINV2000 1 $6,387.00 $31,585.00Police Cupola w/Glass & Barn Doors BCPCUPOLA 1 $31,585.00 $300.00(2) Rear Area Electric Fans BC2RELFAN 1 $300.00
$2,871.00Intercom System Inside to Outside BCINT 1 $2,871.00 $6,528.00MedEvac Benches BCMEDBENCH 1 $6,528.00
$4,996.00Trauma Lighting (6) Overhead Dome White w/Hi/Low/Red BCLTMED 1 $4,996.00 $2,500.00Light Weight Assault Litter BCLWAL 2 $1,250.00 $3,022.00Stetcher Hook Prep BCSHP 1 $3,022.00
$2,790.00Rumbler Low Frequency Siren and Speaker System BCRMBLR 1 $2,790.00 $2,428.00UV Ray BearCat Protective Cover BCUVPC 1 $2,428.00 $8,990.00Whole Vehicle Bedrock Paint BCPJWV 1 $8,990.00 $392,426.00Configuration Subtotal:
$392,426.00NEWCONFIGLenco BearCat 1 $392,426.00
$14,500.00FREIGHTOUT-VEHICLEFreight Out - Vehicles 1 $14,500.00 $406,926.00Net Total
Packet Page 382 of 634Attachment 2 Page 1 of 2

Quotation 103474
10 Betnr Industrial Drive - Pittsfield, MA 01201
PH: 413-443-7359 - FAX: 413-445-7865
Quotation Date:

Lenco Tax ID#:
06/27/24
04-2719777
FA004Customer Code:

Page #:22 of
Notes:

Authorized
WARNING: Information Subject to Export Control Laws
Acceptance of this quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request. This quote will be valid for 60 days.

Please sign and return Daniel Besemer
Authorized
Thank you
The written approval of the Directorate of US Defense Trade Controls and Lenco Industries, Inc. must be obtained before reselling, transferring, transshipping or disposing of a defense article to any end user, end use or destination other than as stated on this Lenco quote or the shipper's export declaration in cases where an exemption is claimed under this subchapter ITAR 123.9(A).

ACCEPTANCE OF PROPOSAL
Signature:_______________________________Signature:_______________________________ Fairfield Tax of 8.375% ($32,865.68) is NOT Collected by Lenco.

Packet Page 383 of 634Attachment 2 Page 2 of 2

Designer and Manufacturer of Tactical Armored Security Vehicles 10 Betnr Industrial Drive · Pittsfield, MA 01201 · Tel (413) 443-7359 · Fax (413) 445-7865 www.LencoArmor.com · e-mail: [email protected]

SOLE SOURCE LETTER
Lenco Industries, Inc.
10 Betnr Industrial Drive
Pittsfield, MA, 01201
E-mail: [email protected]
Phone: 413-443-7359
DATE: March 29, 2024
RE: Sole Source Letter for the Lenco BearCat
To Whom It May Concern:

This letter confirms that Lenco Industries Inc. (d/b/a Lenco Armored Vehicles), as designer and manufacturer, is the Sole Source provider of the following products in the United States and internationally:
•Lenco BEAR®
•Lenco BearCat®
•Lenco BombCat®
•Lenco MedCat™
•Lenco FireCat™
Additionally, these Lenco products, their specifications, manufacturing techniques and marketing materials are proprietary and are protected by copyrights, trademarks, service marks, patents, nondisclosure agreements, noncompete agreements and exclusive supply agreements; in whole or in part.

There are no other items or products available that offer identical functionality or performance characteristics, and Lenco determines the prices for the above-named products to be fair and reasonable because of pre-competed federal and state supply schedules controlled by exclusive distribution.

Federal Acquisition Regulation (FAR) Part 6.302-1 – “Only one responsible source and no other supplies or services will satisfy agency requirements” is the statutory authority permitting this Sole Source government procurement.

Further, the Code of Federal Regulations (CFR) Title 2, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards establishes government-wide requirements for federal grants and cooperative agreements. Under the Uniform Guidance, a non-Federal entity that receives a federal award must “provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States.” See 2 C.F.R. § 200.322. If the non-Federal entity fails to do so, the federal awarding agency or pass-through entity may sanction a non-compliant recipient of funds.

In summary, Lenco Armored Vehicles, based in the United States, is the only manufacturer or authorized dealer of the Lenco BearCat, its variants or its equivalent.

Packet Page 384 of 634Attachment 3 Page 1 of 1

City of Fairfield
Vehicle and Equipment Purchases FY 2024‐25
Exhibit A
Department/Division
Funding
Source Unit # Description
Current
Model Year Amount
Water Conservation 51260608 TBD FORD ESCAPE N/A 55,000
NBR 51260800 8802 FORKLIFT ‐ OFF ROAD 1988 96,006
NBR 51260800 11117 TRUCK ‐ 1‐1/2 TON ‐ UTIL BED ‐ CRANE 2011 195,000 Utility Cut Crew 51260601 15070 FORD F‐250 UTILITY BED 2015 111,500 Water Distribution 51260602 13260 TRUCK ‐ TURNOUT 2013 274,283 Water Distribution 51260602 17312* VAC‐CON Hydro Excavation Truck 2017 607,000 Water Distribution 51260602 15115 PICKUP ‐ 3/4 TON ‐ SUPER CAB ‐ UTIL BED 2015 110,000 Waterman 51260604 5362 2002 NISSAN NISSAN 50 2007 109,843 Sewer 51260308 15011 PICKUP ‐ 1/2 TON ‐ SUPER CAB 2015 76,696 Sewer 51260308 17311 VAC‐CON Combo sewer truck 2017 559,397 Storm Drains 51260209 13519 UTV ‐ KUBOTA 2013 45,000
Police 51250403 65* FORD‐SUV 2014 79,199
Police 51250403 169 FORD  TAURUS 2006 79,199
Police 51250403 214* FORD ‐ SUV 2014 87,118
Police 51250403 215* FORD‐SUV 2014 87,118
Police 51250403 217* FORD‐SUV 2014 79,199
Police 51250403 218* FORD‐SUV 2014 79,199
Police 51250403 220* FORD TAURUS 2014 79,199
Police 51250403 221* FORD‐SUV 2014 87,118
Police 51250403 222* FORD‐SUV 2014 87,118
Police 51250403 223* FORD‐SUV 2014 87,118
Police 51250403 224* FORD‐SUV 2014 87,118
Police 51250403 225* FORD‐SUV 2014 87,118
Police 51250403 226* FORD‐SUV 2014 87,118
Police 51250403 227* FORD‐SUV 2014 87,118
Police 51250403 228* FORD‐SUV 2014 87,118
Police 51250403 229* FORD‐SUV 2014 87,118
Police 51250403 200* LENCO Rescue Vehicle (Bearcat) 2006 454,792 Fire 51255101 F1752 Pierce Type III‐downgrading to Type V 2016 395,000 Fire 51255101 F1753 Pierce Type III 2016 661,000
Community Development 51245200 15173 Ford F‐150 2015 80,000 Community Development 51245200 15176 Ford F‐150 2015 80,000 Community Development 51245200 15177 Ford F‐150 2015 80,000 PW‐BLDG 51260310 8147 FORD EXPLORER 2008 107,484
PW‐ENG 51260106 15153 FORD  F‐150 SUPERCREW 2015 73,542 PW‐Prks 51260314 15059 PICKUP ‐ 1/2 TON ‐ SUPER CAB 2015 87,125 PW‐STR 51260206 15020 FORD  EXPLORER 2015 65,000
PW‐STR 51260206 15025 FORD EXPLORER 2015 65,000
PW‐STR 51260206 18406 ATLAS COPCO 185 2018 51,000
PW‐TRA 51260201 15152 FORD  F‐150 2015 67,500
PW‐VEH MAINT 51260111 4363 Kawasaki Mule 2003 42,994
PW‐VEH MAINT 51260111 8053 FORD  2008 76,936
PW‐VEH MAINT 51260111 10206 FORD  F‐450 2010 197,996
Total 6,179,389
*Accelerating purchase due to either production issues or meeting electrification regulations.

Packet Page 385 of 634Attachment 4 Page 1 of 1

Agenda Item No: 19.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024212 of the City Council of the City of Fairfield Authorizing the Fire Department to Enter a Memorandum of Understanding to Provide Duty Chief Coverage for the City of Suisun City
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Suisun City Fire Department is having difficulty hiring and retaining staff at the battalion chief level in the current job market. As such, they have identified an Memorandum of Understanding (MOU) with the City of Fairfield as a possible alternative to provide adequate duty chief coverage.

DISCUSSION
The Suisun City Fire Department currently has fulltime duty coverage for only one of their three shifts.

As they navigated unsuccessful recruitment efforts, their chiefs split the remaining coverage, which they have determined is unsustainable in the longterm.

Suisun City has requested an MOU with the City of Fairfield for duty chief coverage of their remaining two shifts as an alternative to hiring their own fulltime staff. If executed, the City of Fairfield agrees to provide two 48hour shifts of duty chief coverage to Suisun City for a fixed monthly cost. Fairfield's duty chief will respond to incidents in Suisun City from Fairfield, including preparation of any fire reports if required. Fairfield will respond to incidents in Suisun City using the same response criteria used in its own jurisdiction.

FINANCIAL IMPACT
The fixed monthly cost to Suisun City is $8,000 per month for the City of Fairfield to provide the desired duty chief coverage. The agreement would be through June 30, 2025, at which time, the city managers and fire chiefs of each agency would evaluate an extension.

Agenda Item No: 19.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024212 of the City Council of the City of Fairfield Authorizing the FireDepartment to Enter a Memorandum of Understanding to Provide Duty Chief Coveragefor the City of Suisun CityRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Suisun City Fire Department is having difficulty hiring and retaining staff at the battalion chieflevel in the current job market. As such, they have identified an Memorandum of Understanding (MOU)with the City of Fairfield as a possible alternative to provide adequate duty chief coverage.DISCUSSIONThe Suisun City Fire Department currently has fulltime duty coverage for only one of their three shifts.As they navigated unsuccessful recruitment efforts, their chiefs split the remaining coverage, which theyhave determined is unsustainable in the longterm.Suisun City has requested an MOU with the City of Fairfield for duty chief coverage of their remainingtwo shifts as an alternative to hiring their own fulltime staff. If executed, the City of Fairfield agrees toprovide two 48hour shifts of duty chief coverage to Suisun City for a fixed monthly cost. Fairfield's dutychief will respond to incidents in Suisun City from Fairfield, including preparation of any fire reports ifrequired. Fairfield will respond to incidents in Suisun City using the same response criteria used in itsown jurisdiction.FINANCIAL IMPACTThe fixed monthly cost to Suisun City is $8,000 per month for the City of Fairfield to provide the desiredduty chief coverage. The agreement would be through June 30, 2025, at which time, the city managersand fire chiefs of each agency would evaluate an extension.

The MOU is expected to add an average of 1.2 calls per day to the Fairfield duty chief response volume. Based on 2023 and 2024 data provided by the Suisun City Fire Department, the average time a duty chief spends on an incident in Suisun City is 29 minutes, with over 92% of those incidents being cleared within one hour. Monday through Friday, Fairfield has shift battalion chief coverage as well as at least one chief at the battalion chief rank or higher working business hours. With existing builtin redundancy, Fairfield is not adding staffing, apparatus, or equipment to take on the service described in the MOU. The fixed monthly fees received from Suisun City would augment Fairfield’s current staffing model.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council has the option not to approve the resolution. However, should the council not approve the resolution, the City would be foregoing a mutually beneficial agreement with a neighboring jurisdiction.

STAFF CONTACT
John Sturdee, Fire Chief
(707) 4367228
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Finance Department, Police Department ATTACHMENTS:

Description
Proposed Resolution
MOU for City of Suisun City Duty Chief Coverage
REVIEWERS:

Reviewer Action Date
Armour, Taylor Approved 8/5/2024 2:52 PM
Herrick, Rob Approved 8/5/2024 4:32 PM
Beavers, Esther Approved 8/5/2024 8:28 PM
Beavers, Esther Approved 8/5/2024 8:28 PM
Packet Page 387 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-212

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE FIRE

DEPARTMENT TO ENTER A MEMORANDUM OF UNDERSTANDING TO PROVIDE DUTY CHIEF

COVERAGE FOR THE CITY OF SUISUN CITY

WHEREAS, Fairfield is a general law city and was incorporated in 1903; and

WHEREAS, Suisun City is a general law city and was incorporated in 1868; and

WHEREAS, Suisun City is not able to staff their vacant Fire Department duty chief positions and is seeking an alternative to provide coverage for two 48-hour shifts; and

WHEREAS, Fairfield is willing and able to provide the requested services through a Memorandum of Understanding (MOU) for a fixed monthly fee; and

WHEREAS, Fairfield’s duty chief will respond to incidents in Suisun City from Fairfield, and the response defined in the MOU is limited exclusively to duty chief coverage.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The city manager and fire chief are hereby authorized to do all things necessary and proper to implement this resolution to enter into an MOU with Suisun City for duty chief coverage.

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS

NOES: MEMBERS: __

ABSENT: MEMBERS: __

ABSTAIN: MEMBERS: __

__
MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 388 of 634Attachment 1 Page 1 of 1

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAIRFIELD AND

THE CITY OF SUISUN CITY FOR FIRE DEPARTMENT DUTY CHIEF COVERAGE

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter referred to as "MOU" and/or "Agreement'') is entered into and is effectfve _______________, 2024 (the "Effectfve Date") by and between the CITY OF FAIRFIELD ("Fairfield") and the CITY OF SUISUN CITY ("Suisun") (collectfvely, the "Partfes") for fire department duty chief coverage provided by FAIRFIELD to SUISUN as set forth herein.

The partfes hereby find and agree as follows:

1. Fairfield is a general law city and was incorporated in 1903.

2. Suisun is a general law city and was incorporated in 1868.

3. The Partfes desire to enter into an agreement for the provision of duty chief coverage for Suisun. The desired arrangement is for Fairfield to provide duty coverage to Suisun for (2) 48-hour shifts per rotatfon (A&B) at a fixed monthly cost of eight thousand dollars ($8,000). Fairfield may on occasion provide additfonal coverage during C-Shift to accommodate an absence such as vacatfon or illness. This extension of service will be at the discretfon of the Fairfield Fire Chief or Fairfield Deputy Chief. Fairfield's duty chief will respond to incidents in Suisun from the City of Fairfield, including preparatfon of any fire reports if required. Fairfield will respond to incidents in Suisun using the same response criteria that it would use in its own jurisdictfon. Fairfield duty chief will turn over Incident Command to a Suisun Chief if they are available on greater alarm incidents. The Fairfield duty chief may contfnue to assist as the operatfons chief, a division, or in another role. The Fairfield duty chief will keep both Fairfield and Suisun Fire Chiefs informed of first alarms, escalatfng calls, or newsworthy events within the City of Suisun. Fairfield will coordinate coverage or respond as needed in response to the following criteria:
a. When two units or more are dispatched to the same alarm or added to an alarm (except for lift-assist calls)
b. First alarm or greater fires
c. Major vehicle accidents (extractfons, major injuries, Mass Casualty) d. Mass Casualty events
e. Critfcal EMS calls involving Pediatrics
f. Respond to major traumas (monitor or respond to assist crews, CISM, scene safety, etc.)
g. Keep both Fairfield and Suisun chiefs informed of first alarms, escalatfng calls, or newsworthy events within the City of Suisun
h. A Suisun Captain or Chief requests a Fairfield Battalion Chief

Packet Page 389 of 634Attachment 2 Page 1 of 10

4. This agreement is limited exclusively to duty coverage and Fairfield will not provide services for preventfon, administratfon, training, or any additfonal suppression functfons outside of our existfng mutual aid agreement.

5. The Partfes agree that the provision of duty chief coverage for Suisun leads to the most efficient utflizatfon of both agencies’ resources while improving or maintaining the current levels of services enjoyed by the community. The Partfes understand the value of sharing fire and emergency services personnel over a unified operatfon area will provide further enhanced benefits to each agency by reducing/reallocatfng overall administratfve costs while increasing the availability of required minimum staffing for emergency responses throughout the unified area.

NOW THEREFORE, the purpose and intent of this Memorandum of Understanding is to set forth the terms, conditfons, requirements and procedures that shall govern an d control the provision of services by Fairfield to Suisun as authorized by the Joint Exercise of Powers Act (Government Code Sectfons 6500 et seq.) and/or Government Code Sectfon 54981 which expressly permits the Partfes to contract for such services with each other, as well as Government Code Sectfon 55634 and 6513 which describe the legal protectfons and limitatfons provided by such contract .

Fairfield and Suisun, in consideratfon of the mutual promises, covenants, terms and conditfons set forth below, hereby agree as follows:

SECTION 1. TERM OF AGREEMENT
The Term of this Agreement shall commence on the Effectfve Date and shall contfnue in full force and effect through June 30th, 2025. At any tfme prior to the expiratfon of the term of this Agreement, the City Manager of Suisun and the City Manager of Fairfield may, by mutual written agreement, extend this Agreement for an additfonal year, through June 30th, 2026.

SECTION 2. NO SEPARATE ENTITY CREATED
The Partfes do not intend to create a separate public agency through this Agreement.

SECTION 3. EMPLOYEES OF EACH PARTY
The employees of each Party shall remain exclusively employees of the applicable Party ("Sole Employer"). Nothing in this Agreement is intended to change the employment relatfonship or to establish a joint employment or co-employment relatfonship. Each Party will contfnue to be responsible for all compensatfon and benefits provided to its employees. Each Party is responsible for the Workers' Compensatfon benefits of its own employees. Nothing in this Agreement shall be construed to alter the terms or conditfons of employment for either agency's employees, including, but not limited to, employees' wages, hours, working conditfons, benefits, membership in employee associatfons, and all rights and dutfes provided in accordance with each agency's respectfve personnel rules, memoranda of understanding, or department or agency policies, and all applicable laws.

Packet Page 390 of 634Attachment 2 Page 2 of 10

Only the Sole Employer of an employee may reprimand, suspend, or take any disciplinary actfon whatsoever against such employee. Discipline may only be taken against the employee by the employee's Sole Employer regardless of the hours the employee may be assigned to the other Party ("Receiving Agency").

Retfrement System and Benefits. The Partfes further represent and warrant that each of them is a contractfng agency of the Public Employees' Retfrement System established by Part 3 of Division 5 of Title 2 of the Government Code (Gov. Code §§ 20000 et seq.), established pursuant to the County Employees Retfrement Law of 1937 (Gov. Code §§ 31450 et seq.), and will remain a contractfng agency with such retfrement systems throughout the term of the Agreement. The Partfes further warrant that none of Partfes’ employees that will be assigned to the other Party.

SECTION 4. TERMS DEFINED
The "City of Suisun City Council" or "Suisun City Council," the “City of Suisun City Manager” or “Suisun City Manager,” the "Fairfield City Manager," and the "Fairfield City Council" are those bodies or officials.
"Fairfield Fire Chief” refers to the City of Fairfield Fire Chief as appointed by the Fairfield City Manager.
“Fairfield Deputy Chief” refers to the City of Fairfield Deputy Chief as appointed by the Fairfield Fire Chief.
"Fairfield Fire Department" or "FFD" refers to the City of Fairfield Fire Depa rtment. “Duty Chief” refers to the Fairfield Battalion Chief or Fairfield Deputy Chief assuming responsibility for coverage in Suisun as designated by a City of Fairfield Deputy Chief. "Executfve Management Team" refers to the City of Fairfield’s Fire Chief and Deputy Fire Chiefs. "Suisun Fire Department" refers to the City of Suisun City Fire Department.

SECTION 5. SERVICES AND COMPENSATION TO BE RENDERED BY THIS MEMORANDUM OF

UNDERSTANDING
The Fairfield Fire Department will provide duty chief coverage to the Suisun Fire Department as described in Appendix "A." Appendix A may be further amended by the Suisun City Manager and Fairfield City Manager in writfng to provide details regarding deliverables, performance standards, and any mutually agreed-upon deadlines. Such amendments may not alter the underlying terms of this Agreement.

SECTION 6. PERFORMANCE REVIEW
Fairfield reserves the right at any tfme to review Suisun’s performance under this Agreement and agrees to provide to Suisun with a summary of the results of its review. Suisun agrees to Packet Page 391 of 634Attachment 2 Page 3 of 10

cooperate with any and all reasonable requests for informatfon or documents related to any such review.

Suisun reserves the right at any tfme to review Fairfield’s performance under this agreement and agrees to provide to the Fairfield a summary of the results of its review. Fairfield agrees to cooperate with any and all reasonable requests for informatfon or documents related to any such review.

SECTION 7. HEALTH & SAFETY CONCERNS
If the Fairfield Fire Chief determines that any provisions of this Agreement are violated by Suisun in a manner that presents a possible or potentfal danger to the public health and safety, the Fairfield Fire Chief shall notffy the Suisun Fire Chief of the alleged violatfon as soon as possible, verbally and in writfng, and the Partfes shall meet and confer to find a mutually agreeable resolutfon. If the situatfon remains unresolved, the Fairfield Fire Chief shall notffy the Fairfield City Manager.

If the Suisun Fire Chief determines that any provisions of this Agreement are violated by Fairfield in a manner that presents a possible or potentfal danger to the public health and safety, the Suisun Fire Chief shall notffy the Fairfield Fire Chief of the alleged violatfon as soon as possible, verbally and in writfng, and the Partfes shall meet and confer to find a mutually agreeable resolutfon. If the situatfon remains unresolved, the Suisun Fire Chief shall notffy the Suisun City Manager.

For purposes of this sectfon, “public health and safety” is not intended to include concerns regarding staffing levels.

Violatfons presentfng an immediate danger to the public health and safety shall be corrected immediately by the responsible agency. Fairfield or Suisun may act immediately to assist with the resolutfon of such violatfon and may take any reasonable actfons necessary to cure such violatfon and preserve the health and safety of businesses and residents.

Violatfons that do not present an immediate danger shall be addressed in an expeditfous manner. Fairfield and Suisun may agree to a reasonable tfmeframe for resolutfon of the violatfon, which shall in no event exceed fourteen (14) days after Fairfield’s or the Suisun’s receipt of written notfce. The Partfes shall work cooperatfvely to find a mutually agreeable resolutfon.

If either agency fails to correct a violatfon that is identffied and notfced according to this sectfon within the applicable tfmeframe, the complainant may, in its sole discretfon, suspend this Agreement untfl such violatfon(s) has/have been corrected. The decision of the complainant as to the existence of a contract violatfon and it s decision to suspend the Agreement shall be final, but the recipient of the complaint shall be permitted to present its response either in writfng or orally or both for consideratfon before the suspension of the Agreement.

Packet Page 392 of 634Attachment 2 Page 4 of 10

A violatfon of the Agreement creatfng a possible or potentfal danger to the public health and safety as used in this Sectfon 7 must be based upon the violatfon of a mandatory statutory duty by either Party.

Upon suspension of the Agreement, the Partfes shall follow the dispute resolutf on procedures in Sectfon 12 and shall meet to discuss resolutfon of the violatfons and the resumptfon of the Agreement or terminatfon pursuant to Sectfon 15. If the Partfes are unable to successfully resolve a violatfon, either Party may terminate the Agreement pursuant to Sectfon 15.

SECTION 8. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES
This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or partfes, and no third party or partfes shall have any right of actfon hereunder as a third-party beneficiary, or for any other cause whatsoever.

SECTION 9. HOLD HARMLESS & INDEMNIFICATION
Fairfield and Suisun (collectfvely the “Partfes” or individually as a “Party”) each agree to defend, indemnify and hold harmless the other, and the other's officers, agents and employees, against any and all losses, damages, costs, expenses, and liability (legal, contractual, or otherwise) arising from or in any way connected with any third party claims alleging: (i) injury to or death of a person, including employees of either Party; (ii) loss of or damage to property; (iii) violatfon of local, state, or federal common law, statute or regulatfon, including but not limited to privacy or personally identffiable informatfon, health informatfon, disability and labor laws or regulatfons; or (iv) strict liability imposed by any law or regulatfon; so long as such injury, violatfon, loss, or strict liability arises directly or indirectly from the Party’s performance of this Agreement, unless such loss, damage, injury, liability or claim is the result of the sole actfve negligence or willful misconduct of only one Party. The Partfes shall apportfon the liability between Fairfield and Suisun in a reasonable manner based upon comparatfve fault.

SECTION 10. CONFLICT OF INTEREST
Both Fairfield and Suisun disclose that they presently have no conflict of interest in, nor shall any conflict of interest be hereinafter acquired, in any matter which will render the services required under the provisions of this Agreement a violatfon of any applicable state, local or federal law. Fairfield and Suisun further warrant that no officer or employee of theirs has influenced or partfcipated in a decision to award this Agreement in a manner which would violate applicable law. In the event that any conflict of interest or violatfon of this sectfon should nevertheless hereafter arise, the conflicted Party shall promptly notffy the other of the existence of the conflict such that appropriate actfon may be undertaken immediately, rectffy the situatfon.

SECTION 11. ASSIGNMENT
Packet Page 393 of 634Attachment 2 Page 5 of 10

Neither Party may assign all or any portfon of this Agreement without the prior written consent of the other Party’s City Manager.

SECTION 12. DISPUTE RESOLUTION PROCESS
Except as otherwise provided in Sectfon 7 above, should any disagreement or dispute between Fairfield and Suisun arise concerning interpretatfon, implementatfon and/or enforcement of any of the terms or subject matter of this Agreement, the Partfes will attempt to resolve such dispute informally by a meetfng with representatfves of each Party, as defined in Sectfon 23. If the Partfes are unable to resolve the dispute informally, they may provide notfce of default and terminate the Agreement pursuant to Sectfons 13 and 15.

SECTION 13. DEFAULT
Subject to any extensions of tfme by mutual consent of the Partfes in writfng, any failure of either Party to tfmely perform any material obligatfon of this Agreement, including Suisun’s untfmely payment of fees invoiced pursuant to the terms in Appendix A, shall constftute an event of default as to that Party, if (i) such defaultfng Party does not cure such failure within thirty (30) days following receipt of written notfce of default from the other Party, where such failure is of a nature that can be cured within such thirty (30) day period, or (ii) if s uch failure is not of a nature which can be cured within a thirty (30) day period, the allegedly defaultfng Party does not, within said thirty (30) day period, commence substantfal efforts to cure such failure or thereafter does not, within a reasonable period of tfme, prosecute to completfon with diligence and contfnuity the curing of the failure. The tfme to cure may be extended in writfng at the discretfon of the Party giving notfce. Any notfce of default given hereunder shall be served on the other Party and shall specify in detail the nature of the failure(s) in performance which the notfcing Party claims constftutes the event of default and the manner in which such default may be satfsfactorily cured in accordance with the terms and conditfons of this Agreement.

Nothing herein shall prevent Fairfield or Suisun from actfng immediately to address a health and safety concern as described in Sectfon 7.

Failure of a Party to tfmely cure or commence and diligently prosecute to completfon the cure of a material default of this Agreement shall entftle the non-defaultfng Party to terminate this Agreement in accordance with the terminatfon provisions set forth herein.

SECTION 14. EQUAL OPPORTUNITY & NON-DISCRIMINATION
While performing under this Agreement, the Partfes and their respectfve employees shall comply with the equal opportunity, non -discriminatfon, and antf-harassment provisions of all applicable federal, state and local laws, statutes and ordinances. The Partfes and their respectfve employees and agents shall not discriminate or harass on the basis of race, color, natfonal origin, ancestry, religion or creed, sex (including pregnancy, childbirth, breastieeding or related conditfons), gender, gender identfty or expression, sexual orientatfon, marital status, age, physical or mental disability, medical conditfon, genetfc informatfon, or military and veteran Packet Page 394 of 634Attachment 2 Page 6 of 10

status, or any other status protected by law, in any matters related to access to or provision of services or related to employment.

SECTION 15. TERMINATION
This Agreement may be terminated for any reason, including a health and safety concern pursuant to Sectfon 7, or no reason by either Party prior to the end of its stated Term with 60 days written notfce.

This Agreement may be terminated with cause for default, after attemptfng to informally resolve the dispute pursuant to Sectfon 12 and providing notfce and a reasonable opportunity to cure the default pursuant to Sectfon 13. Where a health and safety concern has been identffied pursuant to Sectfon 7, the Agreement may be suspended during the period leading up a terminatfon.

SECTION 16. AMENDMENTS
This Agreement shall not be further amended or modified at any tfme and in any respect whatsoever except in writfng signed by both Partfes hereto, except as set forth in Sectfons 1 and

5. Fairfield and Suisun each agrees that it will make no claim at any tfme that this Agreement has been orally amended or modified, and each agrees that no oral waiver, amendment or modificatfon shall be effectfve for any purpose.

SECTION 17. SEVERABILITY
Should any provision of this Agreement be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby, and said illegal or invalid part, term or provision shall be deemed not to be part of this Agreement.

SECTION 18. GOVERNING LAW & VENUE
This Agreement is made and entered into within the State of California, and shall in all respects be interpreted, enforced and governed under the laws of the State of California, with venue agreed to be within the County of Solano. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either Fairfield or Suisun.

SECTION 19. PARTIES’ REPRESENTATIONS
Fairfield and Suisun each represent and acknowledge that, in executfng this Agreement, they do not rely, and have not relied, upon any representatfon or statement made by any of their agents, representatfves, as defined in Sectfon 23, or attorneys with regard to the subject matter, basis or fact of this Agreement or otherwise.

SECTION 20. BINDING UPON SUCCESSORS
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This Agreement shall be binding upon the partfes and their administrators, representatfves, as defined in Sectfon 23, executors, successors and assigns, and shall inure to the benefit of the Partfes, and each of them, and their administrators, representatfves, as defined in Sectfon 23, executors, successors and assigns.

SECTION 21. HEADINGS
The sectfon headings and tftles contained in this Agreement are for convenience and reference only and are not intended to define, limit, or describe the scope of any provision of this Agreement.

SECTION 22. CONSENT
Whenever any consent or approval is required by this Agreement, such consent or approval shall not be unreasonably withheld, conditfoned, or delayed, except as otherwise specifically set forth herein.

SECTION 23. DESIGNATED REPRESENTATIVES
The Fairfield City Manager is the designated representatfve of Fairfield and will administer this Agreement on its behalf. The Suisun City Manager is Suisun’s designated representatfve.

Changes in designated representatfves shall occur by advance written notfce to the other party.

SECTION 24. NOTICES
All notfces and demands of any kind which either Party may require or desire to serve on the other in connectfon with this Agreement must be served in writfng either by personal service or by registered or certffied mail, return receipt requested, and shall be deposited in the United States Mail, with postage thereon fully prepaid, and addressed to the Partfes to be served as follows:

If to Fairfield:

City Manager
City of Fairfield
1000 Webster Street
Fairfield, CA 94533

If to Suisun:

City Manager
City of Suisun City
701 Civic Center Blvd
Suisun City, CA 94585
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Each Party shall provide the other with verbal and written notfce of any change of address as soon as practfcable. Notfces given by personal delivery or acknowledged shall be effectfve immediately.

SECTION 25. APPENDICES
The following appendices to this Agreement are attached hereto and incorporated by reference as though fully set forth herein:

Appendix A SCOPE OF SERVICES AND INTERAGENCY COMPENSATION SECTION 26. EXECUTION IN COUNTERPARTS
This Agreement may be executed on behalf of the Partfes in one or more counterparts, all of which collectfvely shall constftute one document and Agreement.

SECTION 27. EFFECTIVE DATE
The effectfve date of this Agreement is the date set forth in the first paragraph hereof, once this Agreement is fully executed by each of the partfes' representatfves, as defined in Sectfon 24, set forth below.

IN WITNESS WHEREOF the partfes hereto have entered into and executed this Agreement as follows:

Attest: City of Suisun City
By:
__________________________ ___________________________________ City Attorney City Manager, City of Suisun City

Approved as to form: City of Fairfield
By:
___________________________ ____________________________________ City Attorney City Manager, City of Fairfield

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APPENDIX A

SCOPE OF SERVICES AND INTERAGENCY COMPENSATION

1. Duty Chief Coverage
Fairfield will provide 24-hour Duty Coverage to Suisun for (2) 48-hour shifts (A&B) per rotatfon at a fixed cost of $8,000 per month. Fairfield may on occasion provide additfonal coverage during C-Shift to accommodate an absence such as vacatfon or illness. This extension of service will be at the discretfon of the Fairfield Fire Chief or Fairfield Deputy Chief. Fairfield's duty chief will respond to incidents in Suisun from the City of Fairfield, including preparatfon of any fire reports if required. Fairfield will respond to incidents in Suisun using the same response criteria that it would use in its own jurisdictfon. Fairfield duty chief will turn over Incident Command to a Suisun Chief if they are available on greater alarm incidents. The Fairfield duty chief may contfnue to assist as the operatfons chief, a division, or in another role. The Fairfield duty chief will keep both Fairfield and Suisun Fire Chiefs informed of first alarms, escalatfng calls, or newsworthy events within the City of Suisun. Fairfield will coordinate coverage or respond as needed in response to the following criteria:
a. When two units or more are dispatched to the same alarm or added to an alarm (except for lift-assist calls)
b. First alarm or greater fires
c. Major vehicle accidents (extractfons, major injuries, Mass Casualty) d. Mass Casualty events
e. Critfcal EMS calls involving Pediatrics
f. Respond to major traumas (monitor or respond to assist crews, CISM, scene safety, etc.)
g. Keep both Fairfield and Suisun chiefs informed of first alarms, escalatfng calls, or newsworthy events within the City of Suisun
h. A Suisun Captain or Chief requests a Fairfield Battalion Chief This agreement is limited exclusively to Duty Coverage and Fairfield will not provide services for preventfon, administratfon, training, or any additfonal suppression functfons outside of our existfng mutual aid agreement.

Fairfield’s Duty Chief response into Suisun will vary month to month, however, actual response shall have no bearing on the monthly fee.

2. Interagency Compensation
Suisun will provide compensatfon to Fairfield at a rate of $8,000 per month. Fairfield will invoice Suisun on a monthly basis, and Suisun shall pay monthly invoices within thirty (30) days upon receipt of each payment invoice. Any prorated periods shall be invoiced on a prorated basis, and Suisun agrees to provide compensatfon for any services provided under this Agreement prior to the Effectfve Date.

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Agenda Item No: 20.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Discussion and Direction on Fairfield Municipal Code Chapter 10E, also known as Commercial Cannabis Business on Program Amendments and Program Operations RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.

STATEMENT OF ISSUE
With the adoption of Ordinance 202007, creating Chapter 10E (also known as Commercial Cannabis Businesses) in the Fairfield Municipal Code (FMC), the City has allowed businesses in retail sales and the manufacturing of cannabis products within City limits. At the request of staff and businesses engaged in the cannabis industry, City Council is being asked to provide direction to staff on possible changes to Chapter 10E and other City policies, programs, and/or procedures.

DISCUSSION
In the past several months, City staff have met with three businesses (two operational retail cannabis dispensaries and a cannabis manufacturing entity interested in relocating to Fairfield via a previous Preliminary Approval) and received feedback on FMC 10E. Additionally, at the April 2, 2024, City Council meeting, Councilmember Vaccaro made a request to agendize a discussion of the parameters for the Preliminary Approval of a Cannabis Business Permit. Lastly, staff reached out to the currently licensed cannabis retailers in July 2024, and they received a preliminary proposal from the manufacturing entity looking to relocate to Fairfield during the same month.

In consideration of both the above as well as staff experience in administering the Commercial Cannabis Program application, permitting, and oversight process, the Community Development Department (CDD) requests direction from council on the following items:

1. Under FMC 10E.30(a), the council may authorize the city manager (CM) to promulgate regulations for the Commercial Cannabis Program; does the council give direction to allow the CM to have said authority under these specific circumstances? The creation and administration of procedures for transferring possession of a Preliminary Approval for a Cannabis Business Permit.

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The creation and administration of procedures for if and how an expiration timeline is to be applied to a Preliminary Approval for a Cannabis Business Permit.

The creation and administration of procedures for the revocation of a Preliminary Approval for a Cannabis Business Permit.

The creation and administration of process to allow for the modification of the specific conditions identified as part of each Preliminary Approval for a Cannabis Business Permit.

2. Would the council like to amend the city’s “Policy for Naming City Facilities, Donations, Sponsorships, and Capital Campaigns” to allow businesses with a Cannabis Business Permit to provide financial sponsorships at City events? If so, does the council direct that any specific considerations or restrictions still apply (e.g., no events that are familyfocused)?

3. Would the council like to amend and/or eliminate regulations in FMC 10E.24(f) on cannabis business signage?

4. Would the council like to amend the license review/renewal process for the Commercial Cannabis Program so the frequency of renewal is no longer annual after a number of successful prior renewals?
Additionally, staff will continue to work with the city attorney to identify any changes to state and/or federal law that may impact the current application of FMC 10E. For each of the above items, should the council give direction to staff to prepare changes to the FMC 10E, CDD staff will coordinate with the CM and city attorney on crafting the appropriate verbiage and taking the necessary steps to bring each item back to the council for further consideration. The additional context for council (Attachment A) has been provided with this agenda report, which will be integrated into the presentation during the council discussion.

FINANCIAL IMPACT
There are no immediate financial impacts. Should the council direct staff to bring specific issues back for further consideration, there may be financial impacts dependent on changes to FMC 10E, policies, procedures, and other matters related to the operation of cannabis businesses.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
As noted, staff have met with two operational retail cannabis dispensaries and a manufacturing entity interested in relocating to Fairfield. Should the council direct staff to engage in further steps for code and/or program changes, CDD staff will seek additional input from impacted parties (internal and external to the City government).

ALTERNATIVE ACTION
Council may direct staff not to change any of the items presented pursuant to FMC 10E and/or program amendments for cannabis business approvals and operations.

STAFF CONTACT
Dave Zellers, Director of Community and Economic Development (707) 4287436
[email protected]
Dave Feinstein, Planning Manager
(707) 4287448
[email protected]
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Agenda Item No: 20.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Discussion and Direction on Fairfield Municipal Code Chapter 10E, also known asCommercial Cannabis Business on Program Amendments and Program OperationsRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEWith the adoption of Ordinance 202007, creating Chapter 10E (also known as Commercial CannabisBusinesses) in the Fairfield Municipal Code (FMC), the City has allowed businesses in retail sales andthe manufacturing of cannabis products within City limits. At the request of staff and businessesengaged in the cannabis industry, City Council is being asked to provide direction to staff on possiblechanges to Chapter 10E and other City policies, programs, and/or procedures.DISCUSSIONIn the past several months, City staff have met with three businesses (two operational retail cannabisdispensaries and a cannabis manufacturing entity interested in relocating to Fairfield via a previousPreliminary Approval) and received feedback on FMC 10E. Additionally, at the April 2, 2024, CityCouncil meeting, Councilmember Vaccaro made a request to agendize a discussion of the parametersfor the Preliminary Approval of a Cannabis Business Permit. Lastly, staff reached out to the currentlylicensed cannabis retailers in July 2024, and they received a preliminary proposal from themanufacturing entity looking to relocate to Fairfield during the same month. In consideration of both the above as well as staff experience in administering the CommercialCannabis Program application, permitting, and oversight process, the Community DevelopmentDepartment (CDD) requests direction from council on the following items:1. Under FMC 10E.30(a), the council may authorize the city manager (CM) to promulgateregulations for the Commercial Cannabis Program; does the council give direction to allow theCM to have said authority under these specific circumstances?The creation and administration of procedures for transferring possession of a PreliminaryApproval for a Cannabis Business Permit.The creation and administration of procedures for if and how an expiration timeline is to beapplied to a Preliminary Approval for a Cannabis Business Permit.The creation and administration of procedures for the revocation of a Preliminary Approvalfor a Cannabis Business Permit.The creation and administration of process to allow for the modification of the specificconditions identified as part of each Preliminary Approval for a Cannabis Business Permit.2. Would the council like to amend the city’s “Policy for Naming City Facilities, Donations,Sponsorships, and Capital Campaigns” to allow businesses with a Cannabis Business Permit toprovide financial sponsorships at City events? If so, does the council direct that any specificconsiderations or restrictions still apply (e.g., no events that are familyfocused)?3. Would the council like to amend and/or eliminate regulations in FMC 10E.24(f) on cannabisbusiness signage?4. Would the council like to amend the license review/renewal process for the Commercial CannabisProgram so the frequency of renewal is no longer annual after a number of successful priorrenewals?Additionally, staff will continue to work with the city attorney to identify any changes to state and/orfederal law that may impact the current application of FMC 10E. For each of the above items, shouldthe council give direction to staff to prepare changes to the FMC 10E, CDD staff will coordinate with theCM and city attorney on crafting the appropriate verbiage and taking the necessary steps to bring eachitem back to the council for further consideration. The additional context for council (Attachment A) hasbeen provided with this agenda report, which will be integrated into the presentation during the councildiscussion.FINANCIAL IMPACTThere are no immediate financial impacts. Should the council direct staff to bring specific issues backfor further consideration, there may be financial impacts dependent on changes to FMC 10E, policies,procedures, and other matters related to the operation of cannabis businesses.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONAs noted, staff have met with two operational retail cannabis dispensaries and a manufacturing entityinterested in relocating to Fairfield. Should the council direct staff to engage in further steps for codeand/or program changes, CDD staff will seek additional input from impacted parties (internal andexternal to the City government).ALTERNATIVE ACTIONCouncil may direct staff not to change any of the items presented pursuant to FMC 10E and/or programamendments for cannabis business approvals and operations.STAFF CONTACTDave Zellers, Director of Community and Economic Development(707) 428[email protected] Feinstein, Planning Manager(707) 4287448 [email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:

Description
Attachment A: Supplemental Information on Items Identified for Council Direction Attachment B: Fairfield Municipal Code 10E Commercial Cannabis Business Attachment C: Policy for Naming City Facilities, Donations, Sponsorships, and Capital Campaigns
REVIEWERS:

Reviewer Action Date
Zellers, David Approved 8/5/2024 6:41 PM
Beavers, Esther Approved 8/5/2024 7:04 PM
Beavers, Esther Approved 8/5/2024 7:05 PM
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ATTACHMENT A

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Supplemental Information – Commercial Cannabis Program – August 20, 2024 Council Meeting

DZ & DF
Council Direction on Potential Fairfield Municipal Code and Program Amendments for Commercial Cannabis Program Operations – Supplemental Information for August 20, 2024 City Council Meeting

Prepared by:

- Dave Zellers – Director of Community and Economic Development - Dave Feinstein – Planning Manager

Date: August 20, 2024

Introduction
The purpose of this document is to provide additional information to the Mayor and City Council in preparation for the upcoming discussion of Fairfield Municipal Code (FMC) 10E, also known as Commercial Cannabis Business, and the administration of the Commercial Cannabis Program. At the direction of the City Manager (CM), Community Development Department staff will present at the meeting a series of questions seeking direction from the Council; depending on the specific direction received, one or more of these items may come back to the Council for further consideration and/or legislative action in the future.

Council Discussion Items
The items to be presented at the meeting for Council discussion and direction are as follows:

Question 1 – Under FMC 10E.30(a), the City Circumstances. The CM further authorizes promulgating regulations for the Commercial Cannabis Program; does the council give direction to allow the CM to have said authority under these specific circumstances?
Background: FMC 10E.30(a) states:

“In addition to any regulations adopted by the City Council, the City Manager is authorized, with the approval of the City Council, to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses, the City’s oversight of commercial cannabis businesses, or any other subject determined to be necessary to carry out the purposes of this Chapter.”

The cannabis industry is in a state of change as the economics of the sector are changing in California and other states where legalization already exists; additionally, the federal government is preparing administrative action to delist Marijuana (cannabis) as a Schedule I substance, which could fundamentally alter the current operations of every aspect of legal cannabis research, manufacturing, and consumption. The City may find itself needing to make decisions about cannabis businesses and economic opportunities thereof with more alacrity than the City Manager and staff are currently authorized under FMC 10E to do.

Direction Sought: Should language be prepared to permit the City Manager (or designee) to have additional administrative powers for the Commerce Cannabis Program as allowed by FMC 10E.30(a) under the specific instances outlined in Questions 1a, 1b, 1c, and/or 1d?

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ATTACHMENT A

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Supplemental Information – Commercial Cannabis Program – August 20, 2024 Council Meeting

DZ & DF

Question 1a – Creation and administration of procedures for transferring possession of a Preliminary Approval for a Cannabis Business Permit?

Background: Preliminary Approval (PA) is the entitlement granted by the City Council that establishes conditions of approval for a potential cannabis business. Once the holder(s) of a PA satisfies all conditions of the PA, they receive a Cannabis Business Permit (CBP) in a specific operational category (Retail, Manufacturing, etc.). Chapter 10E.15 of the Fairfield Municipal Code (FMC) contains provisions for the transfer of a Cannabis Business Permit, but no provisions for transfer of a Preliminary Appro val. This creates a situation where the recipient(s) of a PA can lose their interest in or ability to satisfy the PA ’s conditions of approval, but have no ability to find a viable alternate owner. Thus, the PA can remain in a permanent state of limbo.

Bringing this matter to the forefront, an entity engaged in the manufacturing of cannabis-infused candy is interested in relocating to Fairfield. They are working with a local party previously involved with the 3Bros application for a Manufacturing Commercial Cannabis Permit; the local party has subsequently negotiated the purchase of 3Bros. The successor entity (the cannabis-infused candy manufacturer) is now interested in purchasing the controlling interest in 3Bros (or coming to a similar arrangement through a partnership) and utilizing the Preliminary Approval (PA) granted to 3Bros to allow them to expedite a relocation to Fairfield. The successor entity is looking to use the same location as 3Bros was approved to use; they have indicated that as part of relocation there is an interest in amending some of the conditions of approval that 3Bros had previously agreed to as well.

Staff Recommendation: Council allows for the authority under FMC 10E.30(a) and directs staff to prepare the appropriate documentation for its review and approval at a future Council meeting. Furthermore, such language should be prepared for further discussion with City Council in coordination with the City Manager, City Attorney, and impacted City departments (ex. Police).

Question 1b – Creation and administration of procedures for if and how an expiration timeline is to be applied to a Preliminary Approval for a Cannabis Business Permit?

Background: Currently, Chapter 10E of FMC does not contain any time limits for the recipient of a Preliminary Approval (PA) to satisfy the conditions of approval and successfully obtain a Cannabis Business Permit (CBP). As such, none of the five PAs issued in 2021 for prospective CBP holders expire. Three of the four PA’s issued for Retail Cannabis Business Permit have successfully received CBPs. One retail PA and the one manufacturing PA have not become CBPs. As neither has a time limit to do so, each remains valid indefinitely. This creates uncertainty regarding the future of those permits and the tax revenues they could generate.

Question 1c – Creation and administration of procedures for the revocation of a Preliminary Approval for a Cannabis Business Permit?

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ATTACHMENT A

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Supplemental Information – Commercial Cannabis Program – August 20, 2024 Council Meeting

DZ & DF
Background: Similar in nature to Question 1b, FMC 10E.11 contains provisions for revoking an issued CBP. It does not, however, contain any provisions for rescinding a PA that has not become a CBP. Given that there are two outstanding PAs with no expiration date, and no provisions to rescind them, they can remain permanently in limbo.

Question 1d – Creation and administration of procedures to allow for the modification of the specific conditions identified as part of each Preliminary Approval for a Cannabis Business Permit? Background: While almost all PAs contain a common set of approval conditions, each contains a small set of conditions that are unique to the recipient. In nearly all cases, the unique conditions implement the recipient ’s offer package of community benefits from their original application. At that time, each applicant was asked to document the ways that they would conduct a public outreach and educational programs for youth and other community groups regarding cannabis risks. They were also asked to document their commitments to local employment and the compensation and benefits their employees would receive. The PA approved for each cannabis business mandated that they implement the commitments in their application. The PA requires that each recipient enter into an agreement with the City regarding those commitments. From discussion with at least one of the retail cannabis businesses there is an interest in amendment to the unique conditions.

Furthermore, the manufacturing entity interested in relocation to Fairfield has also flagged the unique conditions in a PA for manufacturing as meriting further discussion.

Question 2 – Would Council like to amend the City’s “Policy for Naming City Facilities, Donations, Sponsorships, and Capital Campaigns” to allow for businesses with a Cannabis Business Permit to provide financial sponsorships at City events? If so, does Council direct that any specific considerations or restrictions still apply (ex. no events that are family focused)?
Background: Fairfield has a policy (last updated in 2019) which bars companies that substantially derive their income from several activities, including cannabis products, from participating in naming rights, donations, and sponsorships as related to City activities, facilities, etc.

Staff Recommendation: Council direction to staff is to prepare appropriate documentation to amend the policy to allow for businesses that have a permit under the Commercial Cannabis Program to be allowed to provide financial sponsorships at City events. Furthermore, staff recommends that Council reduce restrictions on businesses engaged in the brewing, distilling, or cultivation of alcoholic beverages (ex. beer, vodka, wine).

Question 3 – Would Council like to amend and/or eliminate regulations in FMC 10E.24(f) on cannabis business signage?
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ATTACHMENT A

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Background: Currently, code section 10E.24(f) places stricter sign requirements on cannabis businesses than other types of business in Fairfield. Additional restrictions include prohibitions on logos, mention of the services or products offered, and temporary signs and banners. Feedback from operating retail cannabis businesses has indicated that these restrictions are impeding their marketing efforts.

Staff recommendation: Staff recommends the additional restrictions on signage for businesses in the Commercial Cannabis Program be eliminated such that these businesses would operate in future with the same signage restrictions as all other businesses in Fairfield.

Question 4 – Would Council like to amend the license review/renewal process for the Commercial Cannabis Program so the frequency of renewal is no longer annual after a number of successful prior renewals? Background: FMC 10E.10 mandates that a Cannabis Business Permit (CBP) is only good for one year and must be renewed annually. The permitting process, on an annual basis, becomes onerous for both the applicant (now an operating business) and for City staff. As the businesses receiving renewals are in operation longer and the nature of the cannabis business evolves, an extended period of licensing would benefit both the permit holder and the City.

Staff recommendation: Council direct staff to prepare language to amend the FMC such that permits will be valid for one year for the first year of operation, one year for the initial renewal, and then two or three years (per Council direction) for all future successful renewals; nothing in a revised renewal procedure would limit the city from requiring annual audits, inspections with 24 hour notices, or revocation for violating state laws or permit conditions.

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CHAPTER 10E

COMMERCIAL CANNABIS BUSINESSES
10E.1 Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (Business and Professions Code Section 26001 et seq., "MAUCRSA") to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s). It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the Control, Tax & Regulate the Adult Use Cannabis Act ("AUMA" or "Proposition 64" approved by California voters in 2016), while imposing reasonable regulations to protect the City’s residents, neighborhoods, and businesses from any harmful impacts. This Chapter regulates the cultivation, processing, manufacturing, testing, sale, delivery, and transportation of cannabis and cannabis products in a reasonable manner to protect the health, safety, and welfare of the residents of the City of Fairfield and to enforce rules and regulations consistent with State law. Nothing in this Chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate State law.

The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City and State. (Ord. No. 2020-07, § 1.) 10E.2 Legal Authority.

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of MAUCRSA, and any subsequent State legislation or regulations, the City of Fairfield is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State, shall be the minimum standards applicable in the City for all commercial cannabis activity. (Ord. No. 2020-07, § 1.) 10E.3 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized by this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, and transportation (other than as provided under Business and Professions Code Section 26090(e)) of cannabis or cannabis products is expressly prohibited in the City. (Ord. No. 2020-07, § 1.) 10E.4 Compliance with State and Local Laws and Regulations.

It is the responsibility of the owner(s) of a commercial cannabis business to ensure that it operates in a manner that complies with all applicable State and local laws, any regulations promulgated thereunder, and any licensing or permit requirements or conditions of approval. Nothing in this Chapter shall be construed as authorizing any actions that violate State law or local law with respect to the operation of a commercial cannabis business. (Ord. No. 2020-07, § 1.)
The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

Fairfield Municipal Code CHAPTER 10E COMMERCIAL CANNABIS BUSINESSES Page 1 of 29

ATTACHMENT B
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10E.5 Definitions.

The following words and phras es, when used in this Chapter, shall have the meanings set forth below.

Whenever words or phras es used herein are not defined, but are defined in Bus iness and Profess ions Code Sec tion 26001, suc h definitions shall apply .
(a) "Bureau" means the Bureau of Cannabis Control with the California Department of Consumer Affairs .
(b) "Caregiver" or "primary caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.
(c) "City Manager" means the City Manager of the City or his or her designee. (d) "Distributor" shall have the s ame meaning as that appearing in Section 26070 of the Bus ines s and Profes s ions Code.
(e) "Commercial c annabis business" means any bus iness or operation which engages in medicinal or adult-us e c ommerc ial cannabis ac tivity .
(f) "Commercial cannabis bus iness permit" means a regulatory permit is s ued by the City pursuant to this Chapter, to a commercial c annabis busines s and is required before any commercial cannabis ac tivity may be conducted in the City. The initial permit and annual renewal are made ex pres s ly c ontingent upon the bus iness ’ ongoing c omplianc e with all of the requirements of this Chapter and any applicable regulations adopted by the City.
(g) "Dispensing" means any ac tivity inv olving the retail sale of cannabis or c annabis produc ts from a retailer.
(h) "Limited-ac c ess area" means an area in which cannabis is s tored or held and is only acces sible to s ome licensed and authorized pers onnel.
(i) "Manufac tured cannabis " means raw cannabis that has undergone a process whereby the raw agric ultural product has been transformed into a concentrate, extrac tion or other manufactured produc t intended for internal cons umption through inhalation or oral ingestion or for topic al applic ation. (j) "Manufac turing fac ility" means a fac ility that produces , prepares , propagates , or compounds c annabis or cannabis products , directly or indirectly , by ex traction methods , independently by means of c hemic al s ynthesis , or by a combination of ex traction and chemical synthes is, and is owned and operated by a pers on is sued a valid c ommerc ial cannabis busines s permit for manufacturing from the City and a valid State license as required for manufacturing of c annabis produc ts. "Manufacturing facility " includes facilities that use either volatile or non-volatile solvents. (k) "Microbusiness" s hall have the same meaning as that c ontained in Section 26070(a)(3) of the Busines s and Profes sions Code.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(l) "Non-Storefront retailer" s hall mean a retailer that s ells c annabis goods to customers exc lusively through deliv ery. A non-storefront retailer has permitted premises to store c annabis goods for deliv ery, but the premises is not open to the public.
(m) "Non-volatile s olvent" means any s olvent us ed in the extrac tion proc ess that is not a volatile s olvent as defined by State law. For purpos es of this chapter, a nonv olatile solv ent includes c arbon dioxide (CO2) us ed for ex traction and ethanol used for ex traction or pos t-extraction proc ess ing. (n) "Owner" means any of the following:
(1) Each person identified as an "owner" of the c ommerc ial cannabis busines s on any permit, lic ens e, or other authoriz ation iss ued by the State or the City . (2) Each person hav ing an ownership interest in the c ommerc ial cannabis busines s, unles s the interest is solely a sec urity, lien, or encumbrance on the property that will be us ed by the commercial c annabis busines s.
(3) If the c ommerc ial cannabis busines s is a publicly traded c ompany , the c hief ex ecutiv e offic er or any person with an aggregate ownership interest of 5 percent or more. (4) Each person who partic ipates in the direc tion, control, or management of the c ommerc ial cannabis bus iness .
(5) Any person des ignated by an owner as responsible for the day -to-day operations of the commercial c annabis busines s.
(o) "Pack age" means any container or rec eptacle used for holding c annabis or cannabis products . (p) "Patient" or "qualified patient" s hall have the same meaning as that c ontained in California Health and Safety Code Section 11362.7 et s eq., as it may be amended, and whic h inc ludes within its definition a pers on who is entitled to the protections of California Health & Safety Code Sec tion 11362.22. (q) "Person with an identification c ard" shall have the same meaning as that c ontained in California Health and Safety Code Section 11362.7.
(r) "Proc ess ing" means a cultiv ation site that conduc ts only trimming, drying, c uring, grading, packaging, or labeling of cannabis and nonmanufactured c annabis produc ts. (s) "Retailer" s hall have the same meaning as in Section 26070(a)(1) of the Bus iness and Profess ions Code.
(t) "State" means the State of California.
(u) "State license" means a permit or lic ense issued by the State of California, or one of its The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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departments or div is ions, under MAUCRSA and any s ubsequent State legis lation, to engage in c ommercial cannabis activity . A State lic ens e alone will not authoriz e the holder to operate a c annabis busines s in the City, as State law also requires a permit or other authoriz ation iss ued by a loc al jurisdic tion.
(v) "Storefront Retailer" shall mean a retailer that has a physic al loc ation (premises), including an address where commercial c annabis activities are c onduc ted, and that sells cannabis goods to c ustomers at its premises or by delivery.
(w) "Topical cannabis " means a produc t intended for external application and/or abs orption through the s kin. A topic al cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.
(x) "Transport" means the transfer of cannabis products from the permitted business location of one licensee to the permitted bus iness location of another lic ensee, for the purposes of conducting c ommercial cannabis activity authorized by MAUCRSA whic h may be amended or repealed by any s ubsequent related State legislation. Transport c an only be performed by lic ens ed distributors and does not include deliv eries of c annabis or cannabis products. (y) "Volatile solv ent" shall have the s ame meaning as in Health and Safety Code Sec tion 11362.3(b)(3).
(z) "Youth c enter" means any public or priv ate facility that is primarily us ed to host recreation or s ocial activ ities for minors , inc luding, but not limited to, private y outh membership organizations or c lubs; soc ial serv ice teenage club fac ilities; video arc ades where 10 or more v ideo games or devices are operated, and where minors are legally permitted to c onduc t business, or s imilar amusement park facilities ; and parks, play grounds or recreational areas s pecific ally designed to be used by children and which hav e play equipment ins talled, inc luding facilities des igned for athletic activ ities, suc h as baseball, s oftball, socc er, or bas ketball, on public or priv ate school grounds or City , c ounty or State parks. "Youth c enter" shall not inc lude any private martial arts , y oga, ballet, mus ic, art s tudio or similar s tudio; priv ate gym or athletic training facility; piz z a parlor; dentis t offic e or doc tor’s offic e primarily s erving children; or location whic h is primarily utiliz ed as an adminis trativ e offic e or fac ility for youth programs or organiz ations. (Ord. No. 2020-07, § 1.)
10E.6 Commercial Cannabis Business Permit Required; Number of Permits Issued. (a) No pers on may engage in any commerc ial c annabis busines s or in any c ommerc ial cannabis ac tivity within the City, inc luding cultiv ation, manufac ture, process ing, laboratory tes ting, dis tributing, dis pens ing, or s ale of c annabis or a c annabis produc t, unless the person (1) has a v alid c ommerc ial c annabis busines s permit from the City; (2) has a valid State lic ense; and (3) is c urrently in c omplianc e with all applicable State and loc al laws and regulations pertaining to the commercial cannabis bus iness and the commerc ial c annabis ac tivities.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(b) Except as modified by City Council res olution, the following types and number of commerc ial c annabis busines s permits may be issued at any given time in the City:
(1) Retailer – max imum of two (2).
(2) Manufac turing – max imum of one (1).
(3) Testing Laboratory – unlimited.
(4) Commerc ial cultivation – zero (0).
(5) Microbus ines s – zero (0).
(6) Distribution – z ero (0).
(c) Subs ection (b) abov e is only intended to create a max imum number of commercial cannabis busines ses that may be issued permits to operate in the City under eac h c ategory. Nothing in this Chapter mandates that the City Counc il issue any or all of the authorized commercial c annabis busines s permits if it is determined that the applicants do not meet the s tandards whic h are es tablis hed in the application requirements or the City Council determines that the issuance of any or all c ommercial cannabis bus iness permits will advers ely impact the public health, safety, or welfare. (Ord.

No. 2020-07, § 1.)
10E.7 Persons Prohibited from Holding a Permit or from Employment with a Cannabis Business Permittee.
(a) Any person, or any group or combination of pers ons, shall be prohibited from holding a c ommercial cannabis bus iness permit or from employment with a c annabis busines s permittee in the City if any of the following apply:
(1) The person is under the age of 21, or is otherwis e not legally authorized to own, operate, or work within a c ommerc ial cannabis busines s under State law. (2) The person has had a permit or license for commerc ial cannabis ac tivity rev oked by any city , county, or State c annabis lic ensing authority.
(3) The person was notified that they were c onducting commercial cannabis activ ity in v iolation of this Code or other requirements and failed to cure the violation in a timely manner. (4) Ev idenc e that the pers on is delinquent in pay ment of federal, State or local tax es and/or fees, and took no s teps to cure the delinquency when notified by the appropriate agencies . (5) As of June 1, 2020, the person was c onducting c ommercial cannabis activity in the City in violation of local and State law.
(b) All leas es, subleases, or other agreements mus t be based on a monthly rate. No person shall be The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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iss ued or hold a commercial c annabis business permit if suc h person has entered into a lease, s ubleas e or other agreement for the us e of property for suc h busines s at les s than fair mark et v alue or s uch lease, s ubleas e or agreement provides for the tenant to pay the property owner, commercial broker, or any third party a percentage of gros s rec eipts , roy alties , equity , or other unreas onable c ompens ation as determined by the City . (Ord. No. 2020-07, § 1; Ord. No. 2021-08, § 1.) 10E.8 Application Procedures and Requirements.
(a) The City Counc il shall adopt by res olution procedures to govern the application proces s, including application renewals for a commercial cannabis bus iness permit. The form and content of the application for a permit or renewal of a permit shall be determined by the City Manager and shall include the following minimum information:
(1) Location. The addres s and As ses s or’s Parcel Number(s ) of the location for the proposed commercial c annabis busines s, the name and contac t information for the property owner(s), and evidence of the legal right to oc c upy and to us e the propos ed location for the operation of the proposed commercial c annabis business. Prior to s ubmitting an applic ation, the applic ant must also obtain an approv ed Zoning Verification Letter from the City’s Planning Division to ensure the proposed location meets City z oning requirements, which shall be attached to the permit applic ation.
(2) Background Inv estigation of Owners . The applic ant shall identify every cannabis busines s owner and s hall s ubmit for each: the name, addres s, telephone number, title, primary responsibility (ies), and a v alid government-is sued form of identification, together with any other related information requested by the Chief of Polic e for the purpos e of c onducting mandatory bac k ground c heck s.
(3) State License. A des c ription of the s pecific State cannabis licens e(s) that the applicant either has applied for, obtained, or plans to obtain.
(4) State Seller’s Permit. A c opy of a v alid s eller’s permit from the California Board of Equaliz ation, Department of Tax and Fee Administration, or s uccessor agency. (5) Operations. A description of the nature of the propos ed commerc ial c annabis busines s within the proposed facilities, proposed hours of operation, product type, average produc tion amounts, sourc es of c annabis, equipment, and delivery or dis tribution s ervices . (6) Security Plan. A des c ription and documentation of how the applic ant will sec ure the premis es in c ompliance with the requirements s et forth in this Chapter. (7) Fire Safety Plan. A description of the emergenc y procedures in the ev ent of fire or other emergenc y, including evacuation routes, loc ation of fire extinguishers or other fire suppress ion equipment, and a des c ription of the training for fire or other emergencies.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(8) Storage and Trans portation Plan. A desc ription of the proc edures for safely and sec urely storing and transporting all c annabis, cannabis products , hazardous materials that may be used by the bus ines s , and currenc y .
(9) Community Relations Plan. A description of the applic ant’s proposal for a public outreac h and educ ational program for youth organiz ations and/or to educational institutions, related to the ris k s of youth addic tion to cannabis and available res ourc es related to drugs , drug addiction, and prevention.
(b) At the time of filing, eac h applicant s hall pay an application fee in the amount established by res olution of the City Counc il to cov er costs incurred by the City in the applic ation proc ess, inc luding the mandatory c riminal back ground check .
(c) The City reserv es the right to reject any or all applications. Prior to permit issuance, the City may modify, pos tpone, or cancel any request for applications , or the entire program under this Chapter without liability, obligation, or commitment to any party, firm, or organiz ation, to the extent permitted under State law. Pers ons submitting applications as s ume the ris k that all or any part of the program, or any particular category of permit potentially authoriz ed under this Chapter, may be cancelled at any time prior to permit issuance. The City further res erv es the right to request and obtain additional information from any applicant. (Ord. No. 2020-07, § 1.) 10E.9 Permittee Selection Process.
(a) The City Counc il shall adopt by res olution the procedures by whic h decisions s hall be made regarding the iss uanc e of any c ommercial cannabis bus iness permit(s), consistent with the following provisions .
(b) The City Manager shall conduc t an initial sc reening of applic ations to determine whether they meet minimum eligibility requirements to receiv e a commercial c annabis business permit. Applications shall be denied by the City Manager during this initial screening for any of the following reas ons :
(1) The applic ation is received after the des ignated date and time; (2) The applic ation is not in the required form and/or is incomplete; (3) The proposed location does not meet z oning or other location requirements ; (4) The applic ant or any owner is prohibited from holding a commercial cannabis bus iness permit under Sec tion 10E.7;
(5) The applic ant has failed to pay the applic ation fee; or (6) The results of the c riminal bac kground c hec k s establis h that the applicant or any owner has been convicted of an offense that is substantially related to the qualific ations, functions, or duties of a c annabis business, including:

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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i. A serious or v iolent felony conv iction, as s pecified in Penal Code Sec tion 667.5(c ) or Section 1192.7(c).
ii. A felony conviction involving fraud, dec eit, or embezzlement. iii. A felony conviction for hiring, employing, or using a minor in transporting, c arry ing, s elling, giving away, preparing for s ale, or peddling, any controlled s ubs tanc e to a minor; or s elling, offering to sell, furnis hing, offering to furnis h, administering, or giv ing any controlled s ubstanc e to a minor.
iv . A felony c onv ic tion for drug trafficking with enhancements pursuant to Health and Safety Code Section 11370.4 or 11379.8.
v . Conviction of illegal use, poss ession, transportation, distribution or s imilar activ ities related to controlled subs tances , as defined in the Federal Controlled Substances Ac t, not inc luding cannabis -related offens es for whic h the c onv ic tion occ urred after the passage of the Compas sionate Us e Ac t of 1996.
v i. Conv iction for unauthoriz ed, unpermitted, or unlawful c annabis ac tivities in any city, c ounty or city and county in the 5 y ears immediately preceding the issuanc e of a cannabis busines s permit or c annabis business permit renewal.
(c) If the City Manager determines in the initial sc reening that an application does not meet minimum eligibility requirements , the applic ant shall be notified in writing that the applic ation has been denied.

Within 5 business days of the date of the dec ision, an applicant may file a request for immediate rec onsideration. The City Manager shall schedule a meeting with the applicant within 10 busines s days of the reques t for rec onsideration at which time the applicant may submit information demons trating that the applicant meets the minimum eligibility requirements. Notwiths tanding the prov is ions of Section 10E.13(a) of this Chapter, the decision of the City Manager on a reques t for rec onsideration is final and not s ubjec t to appeal to the City Counc il.
(d) The City Manager shall conduc t a substantive ev aluation of applications that are determined to meet minimum eligibility requirements, bas ed on review criteria and a point s y stem or equivalent quantitativ e evaluation scale es tablis hed by the City Council. The City Manager may deny any application(s) that does not meet the threshold es tablished by the City Council. An applicant whose application has been denied may appeal the City Manager’s dec is ion to the City Council pursuant to the procedures s et forth in this Chapter.
(e) Following the c onc lusion of any appeals, a public comment period shall be prov ided c onc erning the remaining applications . Notic e of the public comment period shall be sent to all property owners loc ated within fiv e hundred (500) feet of the propos ed business location of each applic ant. The public c omment period s hall run for a minimum of 15 day s.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(f) At the conclus ion of the public comment period, the City Manager s hall prepare a report for the City Counc il summariz ing the applic ations, any concerns or s upport v oiced by the community during the public c omment period, and the res ults of the ev aluation proces s. (g) The City Counc il shall conduct a public hearing and determine whether to approve or deny eac h application. The City Counc il’s decision shall be final. The Council shall have the right to deny an application if the Council determines that the granting of such permit would be c ontrary to public health, s afety or welfare, or is suance of the permit would v iolate any State or loc al law. In addition to any other findings es tablis hed by resolution, the Council shall make the following findings for approval of any permit:
(1) The location and site characteris tics of the proposed cannabis busines s are consistent with all applicable State laws and City standards and guidelines. (2) All provisions have been made to ens ure that the operation of the commerc ial c annabis bus iness will not create exces sive demands for polic e s ervice or other public serv ic es, and that the bus ines s will benefit the City.
(h) The Council may impose such terms, conditions, and restric tions on the operation, management, and c onduct of the commercial c annabis business, as deemed neces sary to protec t the health, safety , or welfare of the City or to ens ure c omplianc e with State or local laws. Any failure to comply with s uch terms , c onditions, or restrictions shall cons titute a v iolation of this Chapter. (i) The issuance of eac h c ommerc ial cannabis busines s permit shall be conditioned upon the permittee obtaining all required land use approvals. Upon the approval of a permit by the City Counc il, the permittee shall apply for any required land use approvals or entitlements for the bus iness location.

Land use approvals shall include compliance with the California Environmental Quality Ac t. The City Manager s hall formally iss ue the commerc ial c annabis busines s permit(s ) onc e the Community Dev elopment Director confirms that all of the required land use approvals have been obtained. (j) No permittee may begin operations, notwithstanding the iss uanc e of a permit, until they have c omplied with all State and loc al laws and regulations , including but not limited to rec eipt of a State license.
(k) If the City Council denies an applic ation with prejudic e, the applic ant may not file a new applic ation for one (1) y ear from the date of the denial.
(l) Each person granted a commerc ial c annabis busines s permit shall be required to pay the permit fee established by resolution of the City Counc il, to cov er the c osts of adminis tering the c ommerc ial c annabis busines s permit program. (Ord. No. 2020-07, § 1; Ord. No. 2021-08, § 2.) 10E.10 Permit Expiration and Renewal.
(a) Iss uanc e of a commercial c annabis business permit does not create a property right or land use The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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entitlement. Eac h c ommercial cannabis bus iness permit s hall expire 12 months after the date of iss uanc e. No pers on s hall have any entitlement or ves ted right to receiv e a permit under this Chapter. (b) An application for renewal of a commercial cannabis bus iness permit mus t be filed at least 60 c alendar day s, but not more than 90 calendar day s , prior to the ex piration date of the current permit. (c) The renewal application s hall c ontain all the information required for new applications. (d) The applicant s hall pay a fee in an amount to be set by the City Counc il to cov er the c osts of process ing the renewal permit application, together with any cos ts incurred by the City to administer the program created under this Chapter.
(e) The City Manager shall approve or c onditionally approv e an application to renew a commercial c annabis busines s permit, except where one or more of the following c onditions exis t:
(1) The applic ation is filed less than 60 day s before its ex piration. (2) The commercial c annabis business permit is suspended or revok ed at the time of the applic ation.
(3) The commercial c annabis business has not been in regular and continuous operation in the 4 months prior to the renewal applic ation.
(4) The commercial c annabis business has failed to conform to the requirements of this Chapter, this Code, State law, any regulations adopted purs uant to this Chapter, or any permit c onditions. (5) The permittee fails or is unable to renew its State license. (f) The City Manager may impose additional c onditions on a renewal permit, if it is determined to be neces s ary to ensure compliance with State or local laws and regulations, or to pres erve the public health, s afety or welfare.
(g) If the City Manager denies the application for renewal, he or s he s hall s pecify in writing the reasons for the denial and notify the applicant that the decision s hall become final unles s the applicant files an appeal pursuant to this Chapter.
(h) An applicant whose applic ation for renewal has been denied may not file a new application for one y ear from the date of the denial. (Ord. No. 2020-07, § 1.) 10E.11 Permit Suspension and Revocation.
(a) Upon determining that a c ommerc ial cannabis bus iness poses an imminent threat to public health, s afety or welfare, the City Manager may tak e immediate ac tion to temporarily sus pend a commerc ial c annabis busines s permit, pending a hearing before the City Manager. (b) The City Counc il may rev oke a c ommerc ial cannabis busines s permit for a v iolation of any State The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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or local law, inc luding, but not limited to, this Chapter; a violation of any condition or term of the c ommercial cannabis bus iness permit; and/or a v iolation of any condition or term made a part of any other permit or entitlement granted to the commercial cannabis bus iness or its owner. (Ord. No. 2020- 07, § 1.)
10E.12 Effect of State License Suspension, Revocation, or Termination. (a) Suspens ion or expiration of a State license s hall immediately and automatically sus pend the permittee’s commercial c annabis business permit, until suc h time as the State reinstates or reis sues the permittee’s State license. A c ommerc ial cannabis busines s is prohibited from operating within the City during the s uspension or ex piration of the State license. (b) Revocation of a State license shall automatically result in revoc ation of the permittee’s c ommercial cannabis bus iness permit, and shall terminate the ability of the c ommerc ial cannabis busines s to operate within the City. At the City Manager’s dis cretion, the cannabis bus iness owner may reapply for a commercial cannabis bus iness permit at s uch time as it can demonstrate that the grounds for rev ocation of the State lic ense no longer ex is t, the underlying deficienc y has otherwise been c ured, and the owner has applied for or obtained a new State lic ense. (Ord. No. 2020-07, § 1.) 10E.13 Appeal of City Manager Decision to City Council; Hearing Procedures. (a) An aggriev ed party may appeal any dec ision of the City Manager under this Chapter to the City Council by filing a written appeal with the City Clerk within 10 c alendar days after rec eipt of notic e of the decision of the City Manager. Date of rec eipt shall mean the date when a notic e or written dec ision was personally deliv ered to the applic ant or permittee, or the date when the notic e was caused to be deliv ered by certified, first clas s mail. In cas es in which the City c an verify delivery of a notic e to an applicant/permittee, or in which an applic ant/permittee is doc umented as refusing deliv ery, lack of rec eipt of the notice cannot form the basis for an appeal. (b) The notice of appeal s hall be in writing and signed by the person making the appeal ("appellant"), or their legal representative, and s hall contain the following:
(1) Name, address, and telephone number of the appellant. (2) Specify dec isions , actions, or a partic ular part thereof, made that are the subject of the appeal.
(3) Include a true and correc t c opy of the notice issued by the City Manager for which the appellant is appealing.
(4) State with s pec ificity the reas ons and grounds for making the appeal, including, but not limited to, a s tatement of fac ts upon which the appeal is based in s uffic ient detail to enable the City Counc il to unders tand the nature of the c ontroversy , the basis of the appeal, and the relief requested.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(5) All documents or other evidence pertinent to the appeal that the appellant reques ts the hearing officer or body to cons ider at the hearing.
(6) An appeal fee, as es tablis hed by Res olution of the City Council. (c) Failure of the City Clerk to rec eive a timely appeal cons titutes a waiv er of the right to appeal the decision of the City Manager. In this event, the dec is ion of the City Manager s hall be final and binding. (d) Where a permittee timely files a notic e of appeal related to the renewal of their permit (inc luding nonrenewal or the imposition of new permit conditions on a renewed permit), the decision of the City Manager s hall not become effective until a final decision has been rendered and is s ued on the appeal by the City Counc il. An appeal filed by a c ommerc ial cannabis bus iness that does not have an existing permit to operate shall not serv e to allow s uch bus ines s to operate pending appeal. (e) If no appeal is timely filed in the ev ent of a dec is ion of nonrenewal, the commerc ial c annabis busines s permit shall expire at the c onclus ion of the term of the permit. (f) Upon receipt of a timely-filed notice of appeal, the City Clerk shall set the matter for hearing before the City Counc il. The hearing s hall be s c heduled within a reas onable time after rec eipt of the notice of appeal, but in no event later than 45 bus ines s days after filing. The appellant(s ) listed on the notic e of appeal shall be notified in writing of the date, time, and location of the hearing at least 10 day s prior to the hearing date.
(g) Any request by an appellant to c ontinue a hearing must be s ubmitted to the City Clerk in writing no later than 3 business days before the date s c heduled for the hearing. The City Counc il may continue a hearing for good cause or on its own motion; howev er, in no event may the hearing be continued for more than 30 calendar day s , unless approved by the appellant and the City Council. (h) The City Counc il shall hear the matter de nov o and s hall c onduct the hearing pursuant to procedures established by the City Counc il. The appellant may present any information it deems relev ant to the decision appealed. The formal rules of evidence and proc edure applic able in a court of law s hall not apply . The City may , at its dis cretion, record the hearing by s tenographer or c ourt reporter, audio recording, or video rec ording. If the appellant reques ts that s uch recording take plac e, the cos ts of the recording shall be deposited with the City at the time the notic e of appeal and appeal fee are s ubmitted to the City .
(i) If the appellant, or their legal representative, fails to appear at the hearing, the City Council may c ancel the hearing and send a notic e thereof by firs t c lass mail. A canc ellation of a hearing due to nonappearance shall c ons titute the appellant’s waiver of the right to appeal and a failure to ex haust all adminis trativ e remedies. In suc h ins tanc es, the City Manager’s notice of dec is ion is final and binding. (j) Following the conclus ion of the hearing, the City Council may affirm, reverse or modify the dec is ion appealed. The decision of the City Counc il shall be is sued in writing and s erved by first clas s mail on The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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the appellant. If the appellant is not the owner of the real property in which the c ommercial cannabis busines s is located, or propos ed to be located, a c opy of the final decision may also be s erved on the property owner by first class mail to the address shown on the las t equaliz ed asses sment roll. Failure of a pers on to rec eive a properly addres sed final dec ision shall not invalidate any ac tion or proceeding by the City purs uant to this Chapter.
(k) The decision of the City Counc il is final and c onc lusive, and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6. (Ord. No. 2020-07, § 1.) 10E.14 Changes in Business Location or Permit Information.

A commercial c annabis business permit is nontrans ferable to another location and may not otherwis e be modified, exc ept in ac cordance with this s ection. Failure to c omply with this sec tion is grounds for permit revoc ation.
(a) At least 60 calendar days prior to an anticipated change to the loc ation of the c annabis business, the permittee shall file a new applic ation form with the City Manager, including a Zoning Verific ation Letter for the new location. The City Manager will hold an administrative public hearing to determine whether to approv e or deny the c hange in location.
(b) The permittee shall file an updated applic ation form with the City Manager at leas t 30 c alendar days prior to an anticipated change to any other information listed in the permit application, inc luding but not limited to a change in contac t information, change in trade name, or change in the sec urity plan; provided, however, that a change in ownership shall comply with Section 10E.15. (c) Any applic ation for a permit amendment shall be accompanied by a permit amendment fee, in the amount established by the City Counc il. (Ord. No. 2020-07, § 1.) 10E.15 Transfer of Cannabis Business Permit.

A commercial c annabis business permit is nontrans ferable to any other person ex c ept in accordanc e with this sec tion. Any attempt to transfer a commercial c annabis busines s permit without c omplying with this sec tion shall be deemed void and is grounds for permit revocation. (a) Prior to any transfer or c hange in owners hip of a commercial c annabis business permit, the permittee shall file a new applic ation with the City Manager. The application shall be accompanied by a transfer fee in an amount set by res olution of the City Counc il (or if not set, shall be the same amount as an application fee).
(b) The City Manager shall review the applic ation to determine whether the new owner(s) meet the minimum permit eligibility criteria. If the transfer inv olves a s ubs tantial c hange in ownership, the City Council shall hold a public hearing and approv e or deny the transfer pursuant to the procedures for approval of a new permit applic ation. A "subs tantial c hange in owners hip" shall mean any change in the permittee’s bus iness structure or ownership of the busines s entity that results in a c hange of more than 51% of the original ownership. A trans ferred permit s hall be v alid for a period of one year from the date The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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of the City Counc il’s approval.
(c) Notwiths tanding the abov e, a permittee may c hange the form of bus ines s entity without applying for a permit transfer in either of the following s cenarios; provided, that the permittee notifies the City Manager in writing of the change within 10 days of the date the change tak es effect:
(1) The ownership of the new bus iness entity is s ubstantially s imilar to original permittee bus iness entity (at least 51% of the owners hip is identical); or (2) If the original permittee is an unincorporated as soc iation, mutual or public benefit corporation, agricultural or consumer c ooperative corporation and subsequently transitions to or forms a new bus iness entity as allowed under MAUCRSA; provided, that the Board of Direc tors (or in the cas e of an uninc orporated assoc iation, the individual(s) listed on the City permit applic ation) of the original permittee entity are the same as the new business entity. (d) No commercial c annabis business permit may be trans ferred when the permittee has been notified that its permit has been or may be sus pended or revoked. (Ord. No. 2020-07, § 1.) 10E.16 City Business License Required.

Prior to commencing operations, a c ommerc ial cannabis bus iness shall obtain a City bus iness licens e. (Ord. No. 2020-07, § 1.)
10E.17 Building Permits and Inspection.

Prior to commencing operations, a c ommerc ial cannabis bus iness shall be subject to a mandatory building inspec tion and must obtain all required permits and approv als which would otherwis e be required for any business of the same size and intensity operating in that z one. This includes but is not limited to obtaining any required building permit(s), Fairfield Fire Department approvals , and Health Department approvals. (Ord. No. 2020-07, § 1.)
10E.18 Location and Design of Cannabis Businesses.

Cannabis bus iness es permitted to engage in Retail, Manufac turing and Testing Lab operations for c annabis and c annabis produc ts are s ubjec t to the following zoning and location requirements :
(a) Manufacturing and Tes ting Labs must be located in, and meet all development requirements for, the following zoning dis tricts : IL (Limited Indus trial), IG (General Industrial), IBP (Business and Indus trial Park).
(b) Retail mus t be loc ated in, and meet all development requirements for, the following z oning dis tricts : IL (Limited Indus trial), CR (Regional Commerc ial), CS (Service Commercial), CT (Thoroughfare Commercial), CM (Mix ed Commercial), IBP (Bus iness and Indus trial Park ), HWT (Mixed-Use West Texas Street); provided, howev er, that Retail shall not be located on any commercial or indus trial property within the area bounded by Travis Blvd., Penns ylvania Av e., and Gateway Blvd.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(c) No commercial c annabis business, whether Retail, Manufac turing, or Testing Lab, shall be closer than six hundred (600) feet from any of the following sensitive uses that are in ex istence at the time a permit applic ation is deemed complete: a public or priv ate school providing instruction in kindergarten or any grades 1 through 12; a c hild day c are c enter; or a y outh c enter. The distanc e meas ured s hall be the horiz ontal dis tanc e meas ured in a straight line from the property line of the parc el with the sensitive us e to the c loses t property line of the lot on which the cannabis bus iness is located. (d) Each proposed cannabis busines s s hall:
(1) Conform with the City ’s general plan, any applicable s pecific plans, and des ign requirements. (2) Comply with all applicable z oning and related development standards. (3) Be construc ted in a manner that minimizes odors to s urrounding us es, and promotes quality des ign and c ons truction, and consistency with the surrounding properties. (4) Be adequate in siz e and s hape to ac c ommodate the y ards, walls, fenc es, park ing and loading fac ilities, lands caping and all items required for the dev elopment. (5) Be serv ed by highways adequate in width and improved as nec ess ary to c arry the k ind and quantity of traffic suc h us e will generate.
(6) Be prov ided with adequate elec tric ity, sewerage, disposal, water, fire protection and s torm drainage facilities for the intended purpos e. (Ord. No. 2020-07, § 1.) 10E.19 Limitations on City’s Liability.

To the fulles t extent permitted by law, the City s hall not ass ume any liability whatsoev er with respect to having issued a commercial cannabis bus iness permit pursuant to this Chapter or otherwise approving the operation of any commercial c annabis busines s. As a c ondition to the approv al of any c ommerc ial c annabis busines s permit, the applic ant shall be required to meet all of the following c onditions before they can receiv e the commerc ial cannabis busines s permit:
(a) Exec ute an agreement, in a form approv ed by the City Attorney, agreeing to indemnify , defend (at applicant’s s ole c ost and ex pens e), and hold harmless the City and its officers, officials , employ ees , representativ es, and agents , from any and all claims, damages , injuries, liabilities , or loss es whic h aris e out of, or which are in any way related to, the City’s issuance of the commercial cannabis busines s permit, the proces s used by the City in making its dec is ion, or operations or ac tivities of the c ommercial cannabis bus iness or any of its offic ers, employees or agents . (b) Maintain insurance with the types of c overage and in the amounts determined nec essary by the City Manager.
(c) Reimburs e the City for all c osts and expenses , inc luding but not limited to legal fees and c osts and c ourt cos ts, which the City may be required to pay as a result of any legal challenge related to the The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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City ’s approval of the applic ant’s commercial cannabis bus iness permit or the operations of a c ommercial cannabis bus iness in the City. The City may, at its sole discretion, participate at its own ex pens e in the defense of any suc h ac tion, but s uch partic ipation s hall not relieve any of the obligations impos ed by this s ection. (Ord. No. 2020-07, § 1.)
10E.20 Recor ds and Recordkeeping.
(a) Each commercial cannabis bus iness shall maintain acc urate books and records in an electronic format, detailing all of the rev enues and ex penses of the bus ines s , and all of its as s ets and liabilities.

On no less than an annual bas is (at or before the time of the renewal of a commerc ial c annabis busines s permit issued pursuant to this Chapter), or at any time upon reas onable request of the City, each commerc ial c annabis busines s s hall file a sworn s tatement detailing the number of sales by the c ommercial cannabis bus iness during the previous twelv e-month period (or s horter period bas ed upon the timing of the reques t), provided on a per-month basis. The s tatement shall also include gross s ales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, the owner s hall s ubmit to the City a financial audit of the busines s ’s operations conducted by an independent c ertified public ac countant. Eac h permittee shall be s ubjec t to a regulatory compliance review and financ ial audit as determined by the City Manager.
(b) Each commercial cannabis bus iness shall maintain a c urrent regis ter of the names and contac t information (including the addres s and telephone number) of any one owning or holding an interes t in the c ommercial cannabis bus iness , and s eparately of all the offic ers, managers , employees, agents and v olunteers c urrently employ ed or otherwise engaged by the commercial c annabis business. The regis ter required by this paragraph shall be provided to the City Manager upon reasonable request. (c) Each commercial cannabis bus iness shall maintain an inventory control and reporting sy stem that ac curately documents the pres ent location, amounts, and descriptions of all cannabis and c annabis products for all stages of the growing and production or manufacturing, and laboratory tes ting process es until purchase as s et forth in MAUCRSA.
(d) Each commercial cannabis bus iness shall allow City offic ials acces s to the bus iness’s books, rec ords, and ac counts, together with any other data or documents relevant to its permitted commercial c annabis activities, for the purpose of determining c ompliance with this Chapter. Books , rec ords, ac counts , and any and all relev ant data or doc uments will be produc ed or made av ailable no later than 24 hours after receipt of the City ’s reques t, unles s otherwise stipulated by the City . The City may require the materials to be s ubmitted in an elec tronic format that is compatible with the City ’s s oftware and hardware. (Ord. No. 2020-07, § 1.)
10E.21 Employee Background Checks Required.
(a) Before the date of hire or within 30 calendar days of issuance of a c ommerc ial cannabis busines s permit, whichever is later, the permittee s hall identify each prospectiv e employ ee and submit for each:
the name, addres s, telephone number, title, primary res pons ibility(ies ), and a valid gov ernment-is s ued form of identification, together with any other related information reques ted by the Chief of Police for the The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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purpose of conduc ting mandatory back ground checks .
(b) Evidence that a pros pective employee has been c onv ic ted of any of the following offenses s hall be grounds for denial of employ ment. Employers who wis h to hire an individual despite such c onv ic tion s hall appeal to the Chief of Police, who at his or her sole disc retion may is s ue a written waiv er. (1) A violent or serious felony conviction, as s pec ified in Penal Code Section 667.5(c ) or Section 1192.7(c ).
(2) A felony c onvic tion involv ing fraud, deceit, or embezz lement. (3) A felony c onvic tion for hiring, employing, or us ing a minor in trans porting, c arrying, selling, giving away, preparing for s ale, or peddling, any controlled s ubs tanc e to a minor; or selling, offering to sell, furnis hing, offering to furnis h, administering, or giv ing any controlled s ubs tanc e to a minor.
(4) A felony c onvic tion for drug trafficking with enhancements pursuant to Health and Safety Code Section 11370.4 or 11379.8.
(5) Conv ic tion of illegal use, posses sion, transportation, distribution or s imilar activities related to controlled subs tances, as defined in the Federal Controlled Substances Ac t, not including cannabis -related offens es for which the c onvic tion occurred after the pas sage of the Compassionate Use Act of 1996.
(c) Violation of this s ection s hall be grounds for immediate sus pens ion of the c ommerc ial cannabis busines s permit. (Ord. No. 2020-07, § 1.)
10E.22 Security Measures.
(a) A c ommercial cannabis bus iness shall implement sufficient s ecurity meas ures to deter and prevent the unauthorized entranc e into areas containing cannabis or cannabis products , and to deter and prevent the theft of c annabis or cannabis products at the commerc ial cannabis busines s. Exc ept as may otherwis e be determined by the City Manager, these sec urity measures shall include, but shall not be limited to, all of the following:
(1) Perimeter fencing and ex terior lighting sy s tems (including motion sensors ) for after-hours sec urity, as approved by the Chief of Police and/or the Community Dev elopment Director. (2) Prev enting individuals from remaining on the premises of the commercial c annabis bus iness if they are not engaging in an activity direc tly related to the permitted operations of the c ommerc ial cannabis bus iness .
(3) Es tablis hing limited ac ces s areas acces sible only to authorized commercial c annabis bus iness pers onnel.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(4) Ex cept for live growing c lone plants whic h are lawfully being dis played for sale at a commercial c annabis busines s, all c annabis and c annabis produc ts shall be s tored in a s ecured and lock ed v ault or v ault equiv alent. All safes and vaults s hall be c ompliant with Underwriters Laboratories burglary-resistant and fire-res istant s tandards . All cannabis and cannabis products , including live clone plants that are being display ed for s ale, shall be kept in a manner as to prev ent divers ion, theft, and los s.
(5) Installing 24-hour security s urveillanc e c ameras of at least 4K-quality to monitor all entrances and ex its to and from the premis es, all interior s paces within the c ommerc ial cannabis bus iness which are open and acc essible to the public, all interior s paces where cannabis , c ash or currenc y, is being s tored for any period of time on a regular basis and all interior s paces where divers ion of c annabis c ould reasonably occ ur. All cameras shall record in c olor. All ex terior cameras shall be in weather-proof enclos ures, shall be located so as to minimize the pos sibility of vandalism, and shall have the c apability to automatic ally s witch to black and white in low light conditions . The permittee s hall be res pons ible for ensuring that the sec urity surveillance camera’s footage is remotely acc essible in real-time by the Chief of Polic e or their des ignee(s ), and that it is compatible with the City ’s software and hardware. Video recordings s hall be maintained for a minimum of 90 days and shall be made available to the Chief of Polic e or their des ignee(s ) upon request. Video s hall be of suffic ient quality for effec tive prosecution of any c rime found to have occ urred on the s ite of the commercial c annabis business and shall be capable of enlargement v ia projec tion or other means. Internet Protoc ol address information s hall be provided to the Fairfield Police Department by the c ommerc ial cannabis busines s, to fac ilitate remote monitoring of sec urity c ameras by the Department. Eac h busines s shall have network sec urity protocols that are c ertified by Underwriters Laboratories.
(6) Sensors shall be installed to detec t entry and ex it from all secure areas and shall be monitored in real time by a s ecurity company lic ens ed by the State Bureau of Sec urity and Inv estigativ e Serv ic es.
(7) Panic buttons shall be installed in all c ommerc ial cannabis bus iness es with direc t notific ation to the Fairfield Police Department dispatch and shall be configured to immediately alert dispatc h for the Fairfield Police Department.
(8) Having a professionally ins talled, maintained, and monitored real-time alarm sy s tem by a sec urity c ompany licensed by the State Bureau of Security and Inves tigativ e Services . (9) Any bars ins talled on the windows or the doors of the commercial c annabis bus iness shall be installed only on the interior of the building.
(10) Security pers onnel shall be on site 24 hours a day or alternative security as authoriz ed by the City Manager, and must have a verified response security patrol when c losed. Security personnel mus t be lic ensed by the State Bureau of Security and Investigative Servic es personnel The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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and shall be subject to the prior rev iew and approval of the City Manager, with suc h approval not to be unreas onably withheld.
(11) Each commercial c annabis business s hall have the capability to remain secure during a power outage and shall ensure that all ac cess doors are not s olely c ontrolled by an electronic acc ess panel to ens ure that loc k s are not released during a power outage. (12) Entrance areas are to be loc ked at all times and under the control of a des ignated responsible party that is either: (a) an employ ee of the commercial c annabis business; or (b) a lic ens ed s ecurity profes s ional.
(13) Each commercial c annabis business s hall have an acc ounting s oftware sy stem in plac e to provide point of s ale data as well as audit trails of both product and cas h, where applicable. (14) Each commercial c annabis business s hall demonstrate to the Chief of Polic e or their des ignee complianc e with the State’s track and trac e sy stem for c annabis and cannabis products , as soon as it is operational.
(15) Exterior vegetation s hall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premis es.
(16) Emergency ac c ess and emergency evac uation plans that are in complianc e with State and local fire s afety s tandards .
(17) Installation of high-pitch frequenc y loitering deterrent dev ic es. (b) Each commercial cannabis bus iness shall identify a designated sec urity repres entative to the City , who shall be available to meet with the City Manager upon reas onable notice regarding any s ecurity related measures or operational is sues . The designated sec urity representative shall maintain on the premis es of the bus iness, annually update, and present to the City Manager upon request, a c opy of the current s ecurity plan that meets the following requirements :
(1) Confirms that a des ignated manager will be on duty during bus ines s hours and will be responsible for monitoring the behav ior of employ ees. (2) Identifies all managers of the commercial c annabis business and their contact phone numbers .
(3) Confirms that firs t aid s upplies and operational fire ex tinguis hers are located in the s erv ice areas and the manager’s offic e.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a lic ens ed sec urity c ompany 24 hours a day , s even day s a week , and provides contac t information for eac h lic ens ed s ecurity c ompany.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(5) Identifies a s uffic ient number of lic ens ed, interior and ex terior s ecurity pers onnel who will monitor individuals ins ide and outside the commercial c annabis business, the parking lot, and any adjac ent property under the busines s’ control.
(6) Confirms that the lic ensed s ecurity pers onnel shall regularly monitor the parking lot to ensure it is free of indiv iduals loitering or c aus ing a disturbance and is c leared of employees and their vehic les one-half hour after closing.
(c) Each commercial cannabis bus iness shall comply with the s torage and trans portation plan provided to the City during the application and permitting proc ess, or as updated with the cons ent of the City .
(d) A c ommercial cannabis bus iness shall notify the City Manager within 24 hours after dis c overing any of the following:
(1) Significant discrepancies identified during inv entory of c annabis produc ts. (2) Diversion, theft, loss , or any criminal ac tivity inv olving the commercial c annabis bus iness or any owner, agent, or employee of the c ommercial cannabis bus iness . (3) The loss or unauthorized alteration of rec ords related to cannabis , c ustomers, employees, or agents of the commercial c annabis bus iness.
(4) Any other breac h of security . (Ord. No. 2020-07, § 1.) 10E.23 Restriction on Alcohol & Tobacco Sales and Consumption. (a) No pers on s hall c aus e or permit the s ale, dispensing, or consumption of alc oholic bev erages on or about the premis es of the commerc ial cannabis busines s. (b) No pers on s hall c aus e or permit the s ale or tobacc o products on or about the premises of the c ommercial cannabis bus iness .
(c) No pers on s hall c ons ume cannabis , c annabis produc ts, tobac c o or alcohol on the premis es of any c ommercial cannabis bus iness . (Ord. No. 2020-07, § 1.) 10E.24 General Operating Requirements.
(a) Commercial cannabis bus iness es may operate only during the hours s pec ified in the c ommerc ial c annabis busines s permit iss ued by the City.
(b) No cannabis or c annabis produc ts, or graphic s depicting c annabis or cannabis products , s hall be v is ible from the ex terior of any property is s ued a c ommerc ial cannabis busines s permit, or on any of the v ehic les owned or used as part of the c ommerc ial cannabis busines s . No outdoor storage of c annabis or cannabis products is permitted at any time.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(c) Each commercial cannabis bus iness shall hav e in place a point-of-sale or management inv entory tracking sy s tem to track and report on all aspec ts of the commercial cannabis bus iness including, but not limited to, s uch matters as cannabis tracking, inv entory data, gross s ales (by weight and by sale) and other information whic h may be deemed nec ess ary by the City . The commercial c annabis business s hall ensure that s uch sys tem is compatible with the City ’s record-k eeping s ystems , and c an produce his torical trans actional data for review. The s ystem must be approved by the City Manager prior to being used by the permittee.
(d) All cannabis and c annabis produc ts s old, distributed or manufactured s hall be c ultivated, manufac tured, and transported by licens ed fac ilities that maintain operations in full conformanc e with State and loc al regulations.
(e) Each commercial cannabis bus iness shall provide the City Manager with the name, telephone number (both land line and mobile, if av ailable) of an on-site employee or owner to whom emergenc y notice can be prov ided at any hour of the day .
(f) Signage and Notices .
(1) In addition to the requirements otherwis e s et forth in this sec tion, busines s identific ation signage for a commercial c annabis bus iness shall conform to the requirements of the City ’s Sign Ordinance, including, but not limited to, s eeking the is suance of a City sign permit. (2) No s igns shall obs truct any entranc e, exit, or window of the c ommercial cannabis bus iness . (3) Each entrance shall be v isibly posted with a clear and legible notice indicating that s mok ing, inges ting, or otherwis e consuming cannabis on the premises or in the areas adjac ent to the commercial c annabis busines s is prohibited.
(4) Busines s identific ation signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises , or lis ts the serv ic es or the produc ts offered. No c ommerc ial cannabis bus ines s shall advertis e by hav ing a pers on holding a sign and adv ertising the busines s to passers by, whether s uch person is on the premises of the commercial cannabis bus iness or els ewhere including, but not limited to, the public right-of-way . (5) No banners, flags , a-frames, inflatables or billboards , or other prohibited s igns may be us ed at any time.
(6) In ac cordance with State law, or as prov ided in the c ommerc ial cannabis busines s permit, the permittee s hall agree to be prohibited from adv ertising any c ommerc ial cannabis bus ines s located in the City utiliz ing a billboard (fix ed or mobile), bus shelter, placard, airc raft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a commercial c annabis busines s to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways .

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(g) Minors .
(1) Pers ons under the age of 21 s hall not be allowed on the premis es of a c ommercial cannabis bus iness and shall not be allowed to serv e as a driver for a mobile delivery servic e. It shall be unlawful and a violation of this Chapter for any pers on to employ any person at a commerc ial cannabis bus iness who is not at least 21 y ears of age. (2) Notwithstanding the above, pers ons who are at least 18 y ears old and in posses sion of a valid phy s ician’s recommendation and/or Health and Safety Code Section 11362.71 identific ation card ("Medic al Marijuana Card") may be granted access to a retail cannabis busines s for the s ole purpose of purchasing medicinal cannabis or medic inal c annabis produc ts c ons is tent with the phy s ician’s recommendation.
(3) The entrance to the commercial cannabis bus iness shall be clearly and legibly pos ted with a notic e that no pers on under the age of 21 is permitted to enter the premis es. (h) Odor c ontrol devices and techniques shall be incorporated in all commercial c annabis businesses to ensure that odors from cannabis are not detec table off s ite. Commerc ial cannabis bus ines s es shall provide a s uffic ient odor abs orbing ventilation and ex haust system so that odor generated inside the c ommercial cannabis bus iness that is dis tinctive to its operation is not detec ted outside of the facility, anywhere on adjac ent property or public rights-of-way , on or about the exterior or interior c ommon area walkway s , hallways, breezeways , foyers , lobby areas , or any other areas available for us e by common tenants or the v is iting public , or within any other unit loc ated ins ide the same building as the commercial c annabis busines s. As such, c ommerc ial cannabis busines s es must install and maintain the following equipment, or any other equipment which the City Manager determines is a more effec tive method or technology :
(1) An ex haus t air filtration s ystem with odor c ontrol that prevents internal odors from being emitted ex ternally ;
(2) An air s ystem that c reates negativ e air pres s ure between the c ommerc ial cannabis bus iness ’s interior and ex terior, so that the odors generated ins ide the commercial c annabis bus iness are not detectable on the outside of the commercial c annabis business. (i) The original copy of the c ommerc ial cannabis busines s permit and the City -is s ued bus iness license shall be posted inside the commercial cannabis bus iness in a location readily visible to the public.
(j) The commercial c annabis business shall prohibit loitering by persons outside the facility on the premises, and shall notify the Fairfield Police Department if any one continues to loiter around the building or premises after all reas onable ac tion has been taken to remov e the individual(s ) and the ac tion has failed to do s o in a timely manner.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(k) Minimum training standards shall be established for all employees. The City Manager s hall have the discretion to require additional training should the City identify deficiencies or non-complianc e iss ues with City or State requirements . (Ord. No. 2020-07, § 1.) 10E.25 Operating Requirements for Store Front Retailers.

In addition to the general operating requirements of Section 10E.24, Store Front Retailers are subject to the following requirements:
(a) Retailers shall verify the age and all nec ess ary documentation of each potential cus tomer to ensure they are not under the age of 18. If the potential cus tomer is 18 to 20 y ears old, retailer shall c onfirm the c ustomer’s posses sion of a v alid physic ian’s rec ommendation and/or Medical Marijuana Card. Phy sician’s rec ommendations are not to be obtained or prov ided at the retail location. For adult- us e purchas es, retailers s hall v erify that all c ustomers are at leas t 21 y ears old. Retailers shall require c ustomers to show their identification and any nec ess ary documentation in order to gain acc ess to the retailer and at the point of sale station at the time of purc hase. (b) Uniformed lic ensed s ecurity pers onnel shall be employed to monitor site ac tivity , c ontrol loitering and s ite access, and to serv e as a visual deterrent to unlawful activities. (c) Only the quantity of cannabis and c annabis produc ts necessary to meet the daily demand s hall be readily av ailable for sale on-site in the retail sales area. Additional produc t mus t be s tored in a sec ured, loc ked area to which c ustomers, vendors, and visitors s hall not have ac c ess . (d) All restroom facilities shall remain loc ked and under the c ontrol of management. (e) Retailers shall only serve cus tomers who are within the licensed premises , or at a delivery address that meets the requirements of this sec tion. (1) Sale or delivery of cannabis goods through a pass-through window or a s lide-out tray to the exterior of the premis es is prohibited.
(2) Retailers s hall not operate a drive-in or driv e-through. Cannabis goods shall not be s old and/or delivered to any pers ons within a motor vehicle, exc ept for curbs ide delivery in a manner cons istent with California Department of Cannabis Control regulations. (3) All c annabis goods s old by a retail bus iness shall be contained in child-resis tant packaging. (4) Point-of-s ale areas and areas where cannabis goods are dis played for sale s hall be recorded on the video s urv eillanc e sy stem. At eac h point-of-sale location, camera plac ement mus t allow for the recording of the fac ial features of any person purc hasing or selling cannabis goods, or any person in the retail area, with sufficient c larity to determine identity . (5) Retailers s hall hire or c ontrac t for s ecurity pers onnel who are at least 21 years of age to provide security serv ic es for the retail premis es. All s ecurity pers onnel hired or c ontracted for by The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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the permittee s hall be licensed by the Bureau of Security and Investigative Serv ic es and shall comply with Chapters 11.4 and 11.5 of Div ision 3 of the Business and Professions Code. (f) A retailer s hall es tablis h limited-acces s areas and permit only authoriz ed individuals to enter suc h areas. Authorized indiv iduals may inc lude indiv iduals employed by the retailer as well as any outs ide v endors , c ontractors , or other indiv iduals conduc ting bus iness that requires acc ess to the limited ac ces s area; provided, that all such indiv iduals are at least 21 years of age. Unless the authorized indiv idual is an employ ee of the retailer, he or she shall be escorted at all times by an employee of the retailer. The retailer s hall maintain a log of all indiv iduals who are not employees who are granted ac ces s to the limited ac c ess area(s ), and s hall mak e the log av ailable to the City Manager or Chief of Polic e upon request.
(g) Operating hours shall be limited to the hours of 6:00 a.m. through 10:00 p.m., s even day s a week , unless specified otherwis e in the commercial cannabis bus iness permit. (Ord. No. 2020-07, § 1; Ord.

No. 2023-08, § 2.)
10E.26 Operating Requirements for Non–Store Front Retailers.

In addition to the general operating requirements of Section 10E.24, Non-Store Front Retailers within the City , and any Store Front Retailers that als o provide delivery serv ices, are subject to the following requirements :
(a) Retailers shall verify the age and the nec essary documentation of eac h c ustomer to ens ure that medic al customers are at least 18 years of age. If the potential c ustomer is 18 to 20 years old, the retailer s hall c onfirm the c ustomer’s pos ses s ion of a v alid physician’s rec ommendation and/or Medical Marijuana Card. Phy sician recommendations are not to be obtained or provided at the retail or deliv ery loc ation. For adult-use purchases , retailers shall v erify that all cus tomers are at least 21 years old. (b) Operating hours shall be limited to the hours of 6:00 a.m. through 10:00 p.m., s even day s a week , unless specified otherwis e in the commercial cannabis bus iness permit. (c) Prior to commenc ing delivery operations , and prior to the us e of any new car in delivery operations, a Retailer s hall provide the City with the following information for all v ehicles that will be us ed to deliver cannabis or c annabis produc ts: proof of owners hip or a valid lease; the y ear, make, model, c olor, lic ense plate number, and Vehic le Identification Number; and proof of insurance. The permittee shall notify the City in writing of any c hanges to this information within 30 c alendar day s of a c hange.
(d) Deliv ery of c annabis or cannabis products to any addres s loc ated on public ly owned land or to a building leased by a public agency is prohibited.
(e) Any kios k , iPad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, that facilitates, directs, or as sists in the retail sale or delivery of cannabis or c annabis products at a loc ation other than one permitted by the City , is prohibited. (Ord. No. 2020-07, § 1.) The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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10E.27 Operating Requirements for Testing Labs.

In addition to the general operating requirements of Section 10E.24, Testing Labs are s ubjec t to the following operational requirements:
(a) Testing Labs s hall be required to c onduct all testing in a manner pursuant to Business and Profes s ions Code Section 26100 and s hall be subject to State and loc al law. Each Testing Lab s hall be s ubjec t to any future regulations adopted by the State. (b) Testing Labs s hall c onduct all testing in a manner c onsistent with general requirements for the c ompetence of tes ting and calibrations ac tivities , including sampling us ing v erified methods. (c) Testing Labs s hall obtain and maintain ISO/IEC 17025 acc reditation as required by the Bureau of Cannabis Control.
(d) Testing Labs s hall destroy any harves t batc h whos e testing s ample indic ates noncompliance with health and safety s tandards required by the Bureau unles s remedial measures can bring the c annabis or cannabis products into compliance with quality standards as specified by law and implemented by the Bureau.
(e) Testing Labs s hall ensure that a testing laboratory employ ee tak es the sample of c annabis or c annabis produc ts from the dis tributor’s premises for testing required by State law and that the testing laboratory employ ee trans ports the s ample to the testing laboratory. (f) Exc ept as provided by State law, a Tes ting Lab shall not ac quire or receiv e c annabis or cannabis products except from a lic ensee in acc ordanc e with State law, and s hall not distribute, sell, or dispense c annabis, or c annabis products, from the lic ensed premises from which the cannabis or c annabis products were acquired or receiv ed. All transfer or trans portation shall be performed purs uant to a s pecified c hain of custody protocol.
(g) A Tes ting Lab may rec eive and tes t s amples of cannabis or c annabis produc ts from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s v alid phys ic ian’s recommendation for c annabis for medic inal purpos e. A Testing Lab shall not c ertify samples from a qualified patient or primary caregiv er for res ale or trans fer to another party or licensee. All tes ts performed by a Tes ting Lab for a qualified patient or primary caregiver shall be rec orded with the name of the qualified patient or primary c aregiver and the amount of the cannabis or c annabis produc ts received. (Ord. No. 2020-07, § 1.)
10E.28 Operating Requirements for Cannabis Manufacturing Facilities. (a) Any compres s ed gas es used in the manufacturing proc ess shall not be stored on any property within the City in c ontainers that ex ceed the amount which is approved by the Fairfield Fire Department and authoriz ed by the commercial c annabis business permit. Each site or parcel subject to a c ommercial cannabis bus iness permit shall be limited to the total number of tank s authorized by the The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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Fairfield Fire Department.
(b) Cannabis manufac turing fac ilities may us e heat, sc reens, pres ses , s team distillation, ice water, ethanol and other methods without employing s olvents or gas es to c reate keef, has hish, bubble has h, or infused dairy butter, or oils or fats derived from natural sourc es, and other extrac ts. (c) If an extraction proc ess uses a professional grade closed loop CO2 gas extraction s y stem every v essel must be certified by the manufac turer for safe us e as prov ided in this s ection. The CO2 must be of at least ninety-nine perc ent purity .
(d) Clos ed loop sys tems for c ompressed gas ex trac tion sys tems mus t be commercially manufactured and bear a permanently affixed and vis ible s erial number. (e) A manufac turing fac ility that us es a profess ional grade closed loop s ystem must provide the Community Development Department with certification from an engineer licensed by the State, or a c ertified industrial hygienist, demonstrating that the s ystem was c ommerc ially manufac tured, is safe for its intended use, and was built to indus try s tandards , inc luding but not limited to:
(1) The American Soc iety of Mec hanic al Engineers (ASME); (2) American National Standards Ins titute (ANSI);
(3) Underwriters Laboratories (UL); or
(4) The American Soc iety for Tes ting and Materials (ASTM).

The certification document mus t c ontain the s ignature and stamp of the profess ional engineer or industrial hygienist and serial number of the ex traction unit being certified. (f) Professional c losed loop sys tems, other equipment us ed, the ex traction operation, and facilities must be approved by the Fire Department and meet any required fire, s afety, and building c ode requirements specified in the California Building Standards Code. (g) Manufacturing facilities may use food grade gly cerin, ethanol, and propylene glycol solvents to c reate or refine extracts . Ethanol should be remov ed from the extrac t in a manner to rec apture the s olvent and ensure that it is not vented into the atmosphere. (h) Manufacturing facilities creating cannabis extracts must dev elop standard operating proc edures , manufac turing prac tices in line with State and indus try s tandards, and a training plan prior to producing ex trac ts for the mark etplace.
(i) Any person us ing s olvents or gas es in a closed looped sys tem to c reate cannabis ex tracts must be fully trained on how to us e the s ystem, have direct ac c ess to applic able material safety data s heets and handle and store the solvents and gases safely.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(j) Parts per million for one gram of finis hed extract cannot exceed State s tandards for any residual s olvent or gas when quality as surance tested. (Ord. No. 2020-07, § 1.) 10E.29 Operating Requirements for Out-of–City Delivery Services.

A commercial c annabis business that is located outs ide of the City and propos es to provide deliv ery s ervices into the City shall comply with the following requirements, prior to c ommencing deliveries within the City :
(a) Obtain from the City a busines s license and a c annabis delivery permit authorizing the deliv ery of c annabis and c annabis produc ts within City limits. A c ommercial cannabis bus iness permit shall not be required.
(b) An application for a c annabis delivery permit s hall inc lude evidence of a v alid State license for a c ommercial cannabis bus iness located outside of the City, on behalf of whic h delivery servic es are to be prov ided; the y ear, make, model, licens e plate number, and Vehicle Identific ation Number (VIN) for any and all vehicles that will be us ed to deliver c annabis or cannabis products ; and a nonrefundable fee in the amount established by the City Counc il.
(c) A c opy of the cannabis deliv ery permit shall be retained by all drivers while performing delivery s ervices within the City.
(d) Deliv ery of c annabis or cannabis products to any addres s loc ated on public ly owned land or to a building leased by a public agency is prohibited.
(e) Any kios k , iPad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, that facilitates, directs, or as sists in the retail sale or delivery of cannabis or c annabis products at a loc ation other than one permitted by the City , is prohibited. (Ord. No. 2020-07, § 1.) 10E.30 Promulgation of Regulations.
(a) In addition to any regulations adopted by the City Counc il, the City Manager is authorized, with the approval of the City Counc il, to es tablis h any additional rules , regulations and standards governing the iss uanc e, denial or renewal of c ommercial cannabis bus iness permits , the ongoing operation of c ommercial cannabis bus iness es, the City’s overs ight of commercial c annabis businesses , or any other s ubjec t determined to be nec essary to carry out the purpos es of this Chapter. (b) Regulations shall be published on the City’s website. (c) Regulations promulgated by the City Manager s hall become effectiv e upon date of publication.

Commerc ial c annabis busines ses shall be required to comply with all State and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager. (Ord. No. 2020-07, § 1.)
10E.31 Community Relations.

The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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(a) Each commercial cannabis bus iness shall provide to the City , and to all bus iness es and res idenc es located within 100 feet of the busines s, the name, telephone number, and email address of a c ommunity relations representativ e to whom notice of problems as sociated with the commerc ial c annabis busines s c an be provided.
(b) During the first year of operations following receipt of a permit, the owner, manager, and c ommunity relations representativ e from each commercial cannabis bus iness shall attend meetings with the City Manager, and other interes ted parties as deemed appropriate by the City Manager, to dis cus s the c osts , benefits, and other community issues aris ing as a result of implementation of this Chapter. After the first year of operation, the owner, manager, and community relations repres entative from eac h commercial cannabis bus iness shall meet with the City Manager upon reasonable request. (c) Each commercial cannabis bus iness shall dev elop a City-approved public outreach and educational program for y outh organizations and educational institutions that outlines the risks of youth addiction to c annabis, and that identifies resourc es available to youth related to drugs and drug addiction. Prior to commenc ing operations, the permittee shall enter into a community relations agreement with the City s etting forth the terms and conditions under whic h the permittee s hall implement its community relations program. (Ord. No. 2020-07, § 1.) 10E.32 Fees Deemed Debt to the City of Fairfield.

The amount of any fee, cost or charge imposed pursuant to this Chapter s hall be deemed a debt to the City that is recoverable by an administrative proc ess set forth in this Code, or in any c ourt of competent jurisdic tion. (Ord. No. 2020-07, § 1.)
10E.33 Permittee Responsible for Violations.

The pers on to whom a permit is is s ued purs uant to this Chapter s hall be res pons ible for all violations of State and loc al law in or about the premis es of the commercial c annabis busines s, whether the v iolation is committed by the permittee or an employ ee or agent. (Ord. No. 2020-07, § 1.) 10E.34 Inspection and Enforcement.
(a) The City Manager may enter a c ommerc ial cannabis busines s upon 24-hours’ notice for the purpose of making reas onable ins pections to obs erve and enforce complianc e with this Chapter. Such ins pec tions shall be limited to observing the lic ensed premises for purposes of determining whether the c annabis busines s is being operated or maintained in compliance with this Code, state law, and other applicable laws and regulations . Any c annabis business is sued a permit pursuant to this Chapter may be required to demonstrate, upon demand by the City, that the sourc e and quantity of any cannabis or c annabis produc ts found upon the premises is in full complianc e with any applicable loc al or State law or regulation.
(b) It is unlawful for any owner or other pers on having res pons ibility over the operation of the c ommercial cannabis bus iness , to impede, obs truct, interfere with, or otherwise not to allow, the City to c onduc t an inspec tion, or to review or copy rec ords, recordings or other documents required to be The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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maintained under this Chapter or State law. It is unlawful for a pers on to c onc eal, destroy, deface, damage, or falsify any rec ords, recordings or other documents required to be maintained under this Chapter or State law. (Ord. No. 2020-07, § 1.)
10E.35 Violations declared a public nuisance.

Each and every violation of the prov is ions of this Chapter is hereby deemed unlawful and a public nuisanc e. (Ord. No. 2020-07, § 1.)
10E.36 Each violation a separate offense.

Each and every violation of this Chapter s hall constitute a separate violation and shall be s ubjec t to all remedies and enforc ement measures authoriz ed by the City. Additionally, as a nuisance per s e, any v iolation of this Chapter s hall be s ubjec t to injunctiv e relief, rev ocation of any permit is sued purs uant to this Chapter, dis gorgement and payment to the City for any monies unlawfully obtained, cos ts of abatement, cos ts of inves tigation, attorney fees, and any other relief or remedy av ailable at law or in equity . The City may also purs ue any and all remedies and actions available and applicable under State and loc al laws for any violations committed by the c ommercial cannabis bus iness or persons related to, or ass ociated with, the commerc ial c annabis busines s. (Ord. No. 2020-07, § 1.) 10E.37 Criminal Penalties.

Each and every violation of this Chapter may, in the disc retion of the District Attorney or City Attorney, be pros ecuted as a misdemeanor and upon conviction be s ubjec t to a fine not to ex ceed one thous and dollars ($1,000) or imprisonment in the County jail for a period of not more than 6 months , or by both s uch fine and impris onment. Each day a violation is committed or permitted to c ontinue s hall c onstitute a separate offens e. (Ord. No. 2020-07, § 1.)
10E.38 Remedies cumulative and not exclusive.

The remedies prov ided herein are not to be cons trued as exc lusive remedies . The City is authoriz ed to pursue any proc eedings or remedies prov ided by law. (Ord. No. 2020-07, § 1.) The Fairfield Municipal Code is current through Ordinance 2024-02, passed March 19, 2024.

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City of Fairfield

POLICY FOR NAMING CITY FACILITIES, DONATIONS,

SPONSORSHIPS, AND CAPITAL CAMPAIGNS

POLICY PURPOSE
This Policy establishes the process and criteria for the consideration of requests for the naming of City facilities, the process and criteria for the consideration of acceptance of donations, the process and criteria associated with sponsorships, and the establishment of capital campaigns.

POLICY STATEMENT – NAMING OF CITY FACILITIES
It is the policy of the City to provide a process for consideration of the naming of City facilities. As used in this policy and for the purposes of naming, “facility” or “facilities” shall include all City- owned infrastructure such as streets, parks, and buildings or portions of any of those facilities.

Only new facilities or additions to facilities are eligible for naming.

Once named, no City facility shall be renamed.

The type, design, size, font, wording, placement, and other similar components of plaques, monuments, signs, etc. installed or placed at City facilities shall be at the sole discretion of the City.

Pursuant to Government Code §34092, whenever the name of any street, park, or place is adopted or established by any city or other authority, the city clerk shall promptly forward a copy of the resolution, order, or other instrument providing for such new name or change of name or house number to the Solano County Board of Supervisors.

Naming Process
The process for naming a public facility will be as follows:

A.Timing of Naming. Facilities may only be named at the conclusion of any capital campaign raising funds for the facility or addition, even if the name of the facility does not result from that campaign. Facilities must be named sixty (60) days before public use.

B.Application Submittal. A naming application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.

C.Application Review. The City Manager’s office shall review the application and determine if it is complete and consistent with this Policy. Applications determined by the City Manager’s Office to be incomplete, without sufficient support, or that are otherwise inconsistent with this Policy will be returned to the applicant together with a written Packet Page 157 of 178Attachment 1 Page 1 of 6

ATTACHMENT C
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explanation for the return. The applicant may resubmit the application at any time up to a total of two additional times with new or additional information to correct the insufficiencies.

If determined to be complete and consistent, city staff will prepare and present a staff report including a recommendation for City Council consideration during a City Council meeting.

D. Review by City Council. The City Council shall consider the application and staff report and determine whether a City facility or portion thereof should be named. All naming decisions shall be at the sole discretion of the City Council.

Naming Criteria

Priorities in order of importance to be considered in naming City Facilities shall be as follows:

A. Historic Names. Names of historic events, groups, organizations, or persons at the local, regional, or national level of major significance with special consideration given to Fairfield’s own history.

B. Places and Feature Names.

1. Recognizable area or neighborhood, e.g. “Rolling Hills.” Names that aid in locating a facility are acceptable. If the facility is located on a park or school site, the facility need not share the name of the park or school site.

2. Assumed Names. Assumed names should be used only if the area has been known by that assumed name for an extended period of time, e.g. the “Cordelia” area.

3. Theme Names. If a facility is located in an area with a specific theme, due consideration should be given to that theme.

4. Natural Phenomena. Natural phenomena, such as rivers, creeks, and terrain.

5. Horticultural Features. Horticultural features characteristic of a particular area.

6. Combination of horticultural and place.

C. Individuals, Groups, or Organizations. The following criteria will be used in evaluating the use of names of persons (whether living or deceased), groups, and organizations.

1. General Criteria. Names of groups, organizations, or persons, having a longstanding affiliation with the City of not less than ten (10) or more years of significant community service, involvement, or contributions beyond the ordinary interest level where efforts have:
a. Enhanced the quality of life and well-being of City residents; b. Contributed to the preservation of the City’s history or culture; c. Made exemplary or meritorious contributions to the City or its residents; and/or
d. Contributed to the acquisition, development, or conveyance of land, buildings, structures, or other amenities to the City or community.

2. Groups and Organizations. Facilities may be named after groups or organizations pursuant to the General Criteria.

3. Deceased Persons. To be considered for a naming opportunity, the individual must have been deceased for at least two (2) years. Such individuals may include:
a. Historic persons.
b. National and/or local heroes. Those who have given outstanding service to humankind or who have worked over and above any ordinary interest level. A resident of Fairfield who has attained local, Packet Page 158 of 178Attachment 1 Page 2 of 6 Packet Page 436 of 634Attachment 3 Page 2 of 6

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state, or national recognition for parks and recreation work or work in the areas of public safety or public health, as appropriate to the facility, would be highly acceptable.
c. No facility can be named after any City of Fairfield employee, except for those who died while on duty working for the City of Fairfield. d. Only one Facility may be named in honor of an individual.

4. Living Persons. Facilities will not be named after living persons unless associated with a capital campaign.

In addition, the following names should be avoided:

 Cumbersome, corrupted or modified names, profane, discriminatory or derogatory names relating to age, race, religion, creed, national origin, sex, color, marital status, disability, sexual orientation, political affiliation or other similar categories.  Names that cause confusion due to duplication or that sound too similar to existing named locations within the City or surrounding areas.
 Names of companies whose business is substantially derived from the sale of alcohol, tobacco, cannabis, firearms, pornography, or other products or services considered unsuitable or inappropriate.
 The re-use of former facility names other than for a reconstruction of the same facility in the same location.
 Names that would result in the overt commercialization of City facilities unless in conjunction with a substantial subsidy of construction costs in conjunction with a capital campaign.
 Names that are overly recognized, either within the City or region.

Naming Costs

All costs of plaques, monuments, signs and the like resulting from naming will be borne by the individual, group, or organization requesting the name.

POLICY STATEMENT – DONATIONS

It is the policy of the City to provide a process for consideration of donations. As used in this policy, “donations” refer certain tangible objects such as benches, trees, cars, or artwork or the financial means for the city to acquire such objects. There is no expectation of an equal exchange of recognition or benefits commensurate with the value of the donation and there are no naming opportunities associated with the donation, although the City at its sole discretion may wish to recognize the donor or donor’s honoree at a City Council meeting and/or with a commemorative plaque at the location of the donation.

Donation Process

A. Application. A donation application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.

B. Review of Application. The City Manager’s Office shall review the application and determine if it is complete and consistent with this Policy, including with the Acceptance Criteria. The City Manager’s Office will coordinate such review with or through another city Packet Page 159 of 178Attachment 1 Page 3 of 6 Packet Page 437 of 634Attachment 3 Page 3 of 6

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department or departments benefitting from the donation. The City Manager’s Office will return applications determined by to be incomplete or inconsistent with this Policy together with a written explanation for the return. The applicant may resubmit the application at any time up to a total of two additional times with new or additional information to correct the insufficiencies.

C. Acceptance of Donations. The City Manager’s Office may accept the donation if it is determined to be in compliance with this policy and as long as the donation also complies with other applicable city or state policies or laws governing gifts and donations. At the City Manager’s discretion, staff may present a recommendation about a particular donation to the City Council for the City Council to make the final determination to accept or reject a donation. The City reserves the right to reject any offer of donation if, upon review, acceptance of the donation is determined not to be in the best interest of the City.

Donation Acceptance Criteria

Appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for evaluation may include but are not limited to:

 The desirability or need for the donation.
 An analysis of any visual, functional, or land use impact of the donation.  An analysis of the make, model, and proposed location of the donation.  Consideration of any immediate or initial expenditure required of the City in order to accept the donation.
 The potential and extent of the City’s obligation to maintain the property or item donated, and the City’s available resources to do so now and in the future.  Whether the donation includes sufficient funding for installation and/or maintenance.  The community benefit derived from the donation.

Donations will not be accepted from:

 Companies that substantially derive their income from the sale of tobacco products, cannabis products, alcohol, pornography or other “adult” businesses, gambling or firearms  Any entity that will create a conflict of interest with the City  A business or other entity involved in a lawsuit/litigation with the agency  A business or other entity engaged in any stage of negotiation with the city for any purpose other than that for a sponsorship or capital campaign process

Following the Acceptance of Donations

Upon acceptance of donations, the City will assume ownership, control, and maintenance of any donation unless otherwise specified in a written agreement between the City and the donor. The City shall not be obligated to retain, repair or replace any donated object that is damaged or destroyed for any reason, such as by vandalism, theft, the effects of weather or time, or, in the case of live plants, if they die. The City reserves the right to remove and/or relocate any donated object at any time. However, if a donated object(s) needs to be removed and is in acceptable condition, the City will make a reasonable attempt to relocate the object(s), if a need for such object(s) exists at another City facility. When acknowledging donations, the acknowledgement language and signage shall conform to the relevant portions of the Naming of City Facilities Packet Page 160 of 178Attachment 1 Page 4 of 6 Packet Page 438 of 634Attachment 3 Page 4 of 6

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section of this policy. In addition, plaques, benches, trees, and other donated objects are not intended to be a place of worship or an official gathering place.

POLICY STATEMENT – SPONSORSHIPS

It is the policy of the City to provide a process for sponsorships. As used in this policy, “sponsorships” are the financial, service, or in-kind contributions that will increase the City’s ability to deliver services, programs, scholarships, special events, and other similar non-tangible elements that further enhance, promote or support the goals of the City.

The City may offer sponsorship opportunities from time-to-time and may offer a mutually agreeable exchange of benefits with the exception that no Naming rights of facilities or tangible items covered by capital campaigns result from sponsorships. With the approval of City Council, sponsorships may result in a named scholarship or program that is designed to last five or more years. For named scholarships or programs lasting fewer than five years, the process below may be followed without City Council approval.

Sponsorship Process

With the approval of the City Manager, City staff may enter into customized, written sponsorships agreements with willing sponsors and provide sponsors with a level of benefit that is commensurate with their contribution. Types of sponsor benefits may include but are not limited to:
 Publicity including the display of a sponsor’s logo through City publications, the website, newsletters, flyers, brochures, and/or media releases.
 Marketing opportunities at special events or program sites.  Tangible benefits such as event admission or commemorative items such as plaques, a framed picture, or program or event shirts.
 Acknowledgement on printed materials such as recreation program.  Signage including the possibility of the inclusion of an individual's name or company name and logo on a fixed site for the period of time detailed in the sponsorship agreement. The following limitations apply to signage:
• Allowed signage and recognition display details, including type, location, size, design, content and duration of display is at the sole discretion of the City and will be a component of the sponsorship agreement.
• Words or characters likely to interfere with or mislead pedestrian or vehicular traffic, i.e. “stop,” “drive,” “danger” are prohibited.
• Reference or depiction of any obscene act, gesture or word is prohibited. • Depictions of the use of drugs or alcohol are prohibited. • Decision for signage placement will be performed with input from the relevant program/facility manager.

Sponsorship Criteria

 The City reserves the right to reject or terminate sponsorship agreements if, upon review, acceptance or continuance of the sponsorship is determined not to be in the best interest of the City or if the sponsor violates any terms of the agreement.  Sponsorship agreements will be for a defined period of time.

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City of Fairfield Naming, Donation, Sponsorship, and Capital Campaign Policy

October 1, 2019 Page 6 of 6

 The City shall not be obligated to continue a program, event or scholarship beyond the parameters of any written agreement.
 Recognition of a sponsor shall not suggest in any way the endorsement of the sponsor's goods or services.
 Sponsorships shall not be made conditional based on the agency’s performance.  Individual sponsors will not limit agency’s ability to seek other sponsors unless mutually agreed upon by both the City and the sponsor.
 Sponsors are prohibited from unauthorized use of the City’s name or brand.  Sponsorships will not be accepted from:
• Companies that substantially derive their income from the sale of tobacco products, cannabis products, pornography or other “adult” businesses, gambling or firearms • Companies that substantially derive their income from the sale of alcohol when the sponsorship is primarily for programs, events, or other similar settings or occasions where the target audience is youth
• Any entity that will create a conflict of interest with the City • Any religious or political organization
• A business or other entity involved in a lawsuit/litigation with the agency • A business or other entity engaged in any stage of negotiation with the city for any purpose other than that for a sponsorship or capital campaign process

POLICY STATEMENT – CAPITAL CAMPAIGNS

It is the policy of the City to provide a process for capital campaigns.

The City may conduct capital campaigns from time-to-time to raise funds for city facilities as defined in the Naming portion of this policy or for tangible objects within cities facilities such as furniture, fixtures, appliances, scoreboards, playground equipment, and the like.

Capital campaigns or portions of capital campaigns that will result in the naming of new facilities as defined in the Naming portion of this policy, portions of those new facilities such as definable spaces or rooms, or additions to facilities such as a new “wing” of a building, shall follow the Naming portion of this Policy at the conclusion of the capital campaign.

Capital campaigns or portions of capital campaigns that will result in the acquisition of tangible objects for City facilities will be designed and managed at staff level in accordance with all other State laws and City policies. Contributions may be accepted in accordance with all other components of this policy including, but not limited to, limitations on allowed contributors and recognition of contributors.

The City reserves the right to reject or return funds offered during capital campaigns if, upon review, acceptance of the donation is determined not to be in the best interest of the City.

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Agenda Item No: 21.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 2024213 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Power Purchase Agreement with Onyx Development Group LLC. for the Provision and Operation of a Solar Field at the Waterman Water Treatment Plant RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
City staff is seeking approval to enter into a Power Purchase Agreement (PPA) with Onyx Development Group LLC. (Onyx), which also operates under Onyx Renewable Partners L.P., for the provision and operation of a solar field at the Waterman Water Treatment Plant (Waterman WTP).

DISCUSSION
Fairfield Municipal Utilities staff routinely seek ways to reduce operational costs for the utility and its customers. The production of drinking water is an energy intensive process that has led staff to investigate solar energy as a means to reduce this cost. Staff conducted a study to determine the feasibility of investing in solar infrastructure at the Waterman WTP. The focus of the study involved the operation of a 1.25megawatt solar field with a corresponding 450kilowatt storage battery. The intent of the solar field and battery is to reduce the general electrical demand of the Waterman WTP from Pacific Gas & Electric’s (PG&E) grid and minimize the number of electrical demand spikes, as these spikes increase the overall cost per kilowatt hour charged by PG&E. The study yielded positive results and an application was filed to be grandfathered into the PG&E Net Energy Metering (NEM) 2.0 program before its sunset date to receive maximum savings. Staff must meet regulatory deadlines to complete the project in order to maintain the NEM 2.0 status.

Based on the results of the study, staff is seeking to move forward with a designbuild, PPA process and model for the solar infrastructure. Under the PPA model, the project soft costs and the cost of the equipment and construction are folded into the PPA. Once the solar equipment is in operation, the City pays the solar contractor/operator a monthly fee arranged in the PPA, and the City benefits through the Packet Page 441 of 634

In September 2023, City staff worked in conjunction with TerraVerde Energy, an expert in the solar industry, to release a Request for Proposal (RFP) for the solar project at the Waterman WTP. Seven firms submitted proposals in response to the RFP. After the initial proposal review, four of the responding firms were invited to submit their best and final offers (BAFO). All four firms responded to the BAFO request. Staff determined that Onyx presented an offer that is the most advantageous to the City.

Staff presented an initial solar array layout for consideration at the May 7, 2024, council meeting. After working with local residents, the solar array layout was revised and situated further south on the property.

FINANCIAL IMPACT
The PPA will result in a net positive for the City. The City would pay a proposed fixed rate of $0.121 per kilowatt hour to operate the solar field, which generates a savings in energy costs by reducing the amount of energy that is supplied by PG&E at a higher cost. Exactly how much will be saved over the term depends on a number of assumptions, but the City is expected to save an approximate $9.9 million over the life of the PPA.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Staff published a notice of public hearing for the power purchase agreement in accordance with California Government Code 4217.12, sent letters to neighborhood residents indicating the revised solar plan and the public hearing, and filed the standard California Environmental Quality Act notice of exemption with the County.

ALTERNATIVE ACTION
The council may choose not to authorize the execution of the PPA; however, the City will no longer maintain the ability to meet regulatory deadlines and maintain its NEM 2.0 status for the project.

STAFF CONTACT
Michael J. Hether, Assistant Director Public Works/Utilities (707) 4287493
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 8/5/2024 8:34 PM
Chaudhary, Savita Approved 8/5/2024 9:19 PM
Beavers, Esther Approved 8/6/2024 10:38 AM
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Agenda Item No: 21.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 2024213 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Power Purchase Agreement with Onyx Development Group LLC.for the Provision and Operation of a Solar Field at the Waterman Water Treatment PlantRECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUECity staff is seeking approval to enter into a Power Purchase Agreement (PPA) with Onyx DevelopmentGroup LLC. (Onyx), which also operates under Onyx Renewable Partners L.P., for the provision andoperation of a solar field at the Waterman Water Treatment Plant (Waterman WTP).DISCUSSIONFairfield Municipal Utilities staff routinely seek ways to reduce operational costs for the utility and itscustomers. The production of drinking water is an energy intensive process that has led staff toinvestigate solar energy as a means to reduce this cost. Staff conducted a study to determine thefeasibility of investing in solar infrastructure at the Waterman WTP. The focus of the study involved theoperation of a 1.25megawatt solar field with a corresponding 450kilowatt storage battery. The intent ofthe solar field and battery is to reduce the general electrical demand of the Waterman WTP from PacificGas & Electric’s (PG&E) grid and minimize the number of electrical demand spikes, as these spikesincrease the overall cost per kilowatt hour charged by PG&E. The study yielded positive results and anapplication was filed to be grandfathered into the PG&E Net Energy Metering (NEM) 2.0 programbefore its sunset date to receive maximum savings. Staff must meet regulatory deadlines to completethe project in order to maintain the NEM 2.0 status. Based on the results of the study, staff is seeking to move forward with a designbuild, PPA processand model for the solar infrastructure. Under the PPA model, the project soft costs and the cost of theequipment and construction are folded into the PPA. Once the solar equipment is in operation, the Citypays the solar contractor/operator a monthly fee arranged in the PPA, and the City benefits through thecost savings to its electrical energy over the term of the PPA. The term of the PPA is an anticipated 25years, after which the City assumes full ownership and operation of the solar equipment. This modeldoes not require the same cash flow burden as the traditional capital purchase model.In September 2023, City staff worked in conjunction with TerraVerde Energy, an expert in the solarindustry, to release a Request for Proposal (RFP) for the solar project at the Waterman WTP. Sevenfirms submitted proposals in response to the RFP. After the initial proposal review, four of theresponding firms were invited to submit their best and final offers (BAFO). All four firms responded tothe BAFO request. Staff determined that Onyx presented an offer that is the most advantageous to theCity. Staff presented an initial solar array layout for consideration at the May 7, 2024, council meeting. Afterworking with local residents, the solar array layout was revised and situated further south on theproperty.FINANCIAL IMPACTThe PPA will result in a net positive for the City. The City would pay a proposed fixed rate of $0.121 perkilowatt hour to operate the solar field, which generates a savings in energy costs by reducing theamount of energy that is supplied by PG&E at a higher cost. Exactly how much will be saved over theterm depends on a number of assumptions, but the City is expected to save an approximate $9.9million over the life of the PPA.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONStaff published a notice of public hearing for the power purchase agreement in accordance withCalifornia Government Code 4217.12, sent letters to neighborhood residents indicating the revisedsolar plan and the public hearing, and filed the standard California Environmental Quality Act notice ofexemption with the County.ALTERNATIVE ACTIONThe council may choose not to authorize the execution of the PPA; however, the City will no longermaintain the ability to meet regulatory deadlines and maintain its NEM 2.0 status for the project.STAFF CONTACTMichael J. Hether, Assistant Director Public Works/Utilities(707) 428[email protected] WITHCity Attorney's OfficeATTACHMENTS:DescriptionProposed ResolutionProposed AgreementREVIEWERS:Reviewer Action DateHether, Michael Approved 8/5/2024 8:34 PM Chaudhary, Savita Approved 8/5/2024 9:19 PM
Beavers, Esther Approved 8/6/2024 10:38 AM
Beavers, Esther Approved 8/6/2024 10:38 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-213

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO EXECUTE A POWER PURCHASE AGREEMENT WITH ONYX DEVELOPMENT GROUP LLC. FOR THE PROVISION AND OPERATION OF A SOLAR FIELD AT THE WATERMAN

WATER TREATMENT PLANT

WHEREAS, the City conducted a study to determine the feasibility of investing in solar infrastructure at the Waterman Water Treatment Plant (Waterman WTP); and

WHEREAS, the feasibility study yielded positive results in regards to potential energy saving at the Waterman WTP; and

WHEREAS, staff is seeking to move forward with a design-build, Power Purchase Agreement (PPA) model for the solar infrastructure based on the results of the study; and

WHEREAS, the City released a Request for Proposal (RFP) for the solar PPA design -build project at the Waterman WTP; and

WHEREAS, Onyx Development Group LLC. (Onyx) provided the most advantageous system, schedule and pricing to the City; and

WHEREAS, the City is required to meet regulatory deadlines to maintain its Net Energy Metering (NEM) 2.0 program status for maximum savings; and

WHEREAS, the City provided two weeks’ notice of this public hearing and held a public hearing on this matter pursuant to Government Code section 4217.12.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. That the anticipated cost to the City for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract with Onyx will be less than the anticipated marginal cost to the City for thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.

Section 2. That the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent is anticipated to be offset by below -market energy purchases or other benefits provided under the energy service contract.

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RES. NO. 2024-213

Page 2 ends

Section 3. The city manager or designee is hereby authorized and directed to execute the attached PPA with Onyx.

Section 4. The council further authorizes the city manager or designee to take all steps necessary to implement this resolution.

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

______________________________________________________
MAYOR

ATTEST:

____________________________

CITY CLERK

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POWER PURCHASE AGREEMENT

by and between

Onyx Development Group LLC

and

City of Fairfield, California

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TABLE OF CONTENTS

TABLE OF CONTENTS .............................................................................................................. II RECITALS .................................................................................................................................... 1 AGREEMENT .............................................................................................................................. 2

1. DEFINITIONS. ....................................................................................................................... 2

2. TERM. .................................................................................................................................. 2

3. REMOVAL OF SYSTEM. ......................................................................................................... 2

4. PURCHASE AND SALE OF OUTPUT AND BATTERY SYSTEMS SERVICES. ................................ 3

5. DESIGN, CONSTRUCTION, OPERATION & MAINTENANCE. ................................................... 7

6. COMMERCIAL OPERATION DATE; CONDITIONS PRECEDENT; NOTICE TO PROCEED. .......... 15

7. OWNERSHIP OF SYSTEM, OUTPUT, GREEN ATTRIBUTES AND ENVIRONMENTAL FINANCIAL INCENTIVES. ....................................................................................................................... 20

8. PAYMENT. .......................................................................................................................... 20

9. PURCHASE OPTION. ........................................................................................................... 21

10. EARLY TERMINATION. ....................................................................................................... 22

11. DELIVERY; RISK OF LOSS; RELOCATION. ........................................................................... 22

12. METERING. ........................................................................................................................ 25

13. REPRESENTATIONS, WARRANTIES AND COVENANTS. ........................................................ 26

14. DEFAULT AND REMEDIES. .................................................................................................. 27

15. DISPUTE RESOLUTION. ....................................................................................................... 28

16. TAXES; LIENS. ................................................................................................................... 29

17. LIABILITY AND INDEMNITY; INSURANCE. .......................................................................... 29

18. EASEMENT. ........................................................................................................................ 31

19. ASSIGNMENT; COOPERATION WITH FINANCING. ................................................................ 32

20. CONFIDENTIALITY; PUBLICITY. .......................................................................................... 33

21. LEGAL EFFECT AND STATUS OF AGREEMENT. ................................................................... 34

22. MISCELLANEOUS. .............................................................................................................. 35 Packet Page 447 of 634Attachment 2 Page 2 of 160

iii
EXHIBIT A – DEFINITIONS ............................................................................................................ 40 EXHIBIT B – POWER PRICE AND OUTPUT GUARANTEE RATE .................................................... 46 EXHIBIT C – BATTERY SYSTEMS GUARANTEE RATE ................................................................. 49 EXHIBIT D – TERMINATION VALUES ........................................................................................... 50 EXHIBIT E – PROJECT DEVELOPMENT SCOPE RESPONSIBILITY ................................................ 51 EXHIBIT F – GENERAL CONDITIONS AND TECHNICAL SPECIFICATIONS ................................... 52

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1 POWER PURCHASE AGREEMENT

This Power Purchase Agreement (“Agreement” or “PPA”) is made and entered into as of __________________________, (“Effective Date”), between Onyx Development Group LLC (“Provider” or “Installer”), and the City of Fairfield, California (“City” or “Site Host”).

City and Provider are collectively referred to herein as “Parties” and individually as “Party.”

RECITALS

WHEREAS, Provider is in the business of installing and operating solar photovoltaic and battery energy storage facilities and selling electric energy generated from such facilities;

WHEREAS, Government Code section 4217.10 et seq. provides that public agencies may enter into agreements, including but not limited to, lease agreements, for real property upon which alternative energy facilities may be constructed so that the public agency may purchase the energy generated from the facilities constructed on the real property under a power purchase agreement; and

WHEREAS, the governing body of City has made those findings required by Section 4217.12 of the Government Code that: (i) the anticipated cost to City for electrical energy services provided by the solar photovoltaic and battery energy storage system under this Agreement will be less than the anticipated marginal cost to City of electrical energy that would have been consumed by City in the absence of those purchases and (ii) the difference, if any, between the fair market value of the right to access and occupy the real property subject to this Agreement and related payments under this Agreement, if any, is anticipated to be offset by below-market energy purchases or other benefits provided under this Agreement; and

WHEREAS, City desires to reduce its energy costs as well as its dependence on fossil fuel electric generating resources and to promote the generation and storage of electricity from solar photovoltaic and battery energy storage facilities; and

WHEREAS, Provider desires to design, install, own, maintain, and operate a solar photovoltaic system including all solar photovoltaic panels and equipment components (the “Solar Facility”) and the battery energy storage system and all equipment components (the “Battery System” or the “Battery Systems”) and collectively the “System” or the “Systems” on the real property (the “Site”) owned by the City as described in Schedule 1 attached hereto, and Provider shall sell all Output from the Solar Facility and provide services from the Battery Systems to City at those rates set forth herein (collectively the “Project”); and

WHEREAS, Provider has developed an ownership and financing structure for the System, which facilitates the use of certain tax incentives, and accelerated depreciation to reduce the expected investment returns of its investors, and which benefits City by offering a competitive Power Price, as defined herein; and

WHEREAS, City desires to provide Provider an easement for the sole purpose of accessing City’s property to install, operate, maintain and repair the System; and Packet Page 449 of 634Attachment 2 Page 4 of 160

2 WHEREAS, as part of this PPA and in consideration of the easement, Provider and City intend that Provider would obtain title, an ownership interest, and retain all financial incentives and tax benefits generated by the System and associated with the development of the System, including the installation, ownership and operation of the System and the sale of energy and services from the System to City.

NOW, THEREFORE, in consideration of the promises and the mutual benefits from the covenants hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Provider and City hereby agree as follows:

AGREEMENT

1. Definitions.

Capitalized terms used in this Agreement shall have the meanings ascribed to them herein or in the attached Exhibit A.

2. Term.

A. Term. The Term of this Agreement shall commence upon the Effective Date and terminate automatically on the Expiration Date (“Initial Term”), unless terminated earlier as provided herein. City may renew this Agreement for up to two (2) five-year renewal terms (“Renewal Term”). The Initial Term and all subsequent Renewal Terms are referred to collectively as “Term.” This Agreement shall terminate automatically and concurrently with any termination of the Site easement provided by this Agreement.

3. Removal of System.

A. Removal of System. Within one hundred eighty (180) Days of the expiration or any termination of this Agreement (unless City has: (i) purchased the System under the terms of this Agreement, including, without limitation, all applicable requirements under Article 5, below; or (ii) otherwise consented in writing to allowing the System to remain installed on the Site), Provider shall, in coordination with City and at Provider’s sole cost and expense, remove the System from the Site. Provider shall bear the cost of any required storage of the System, if necessary, during Provider’s removal of the System.

B. Removal and Site Restoration. Removal of the System shall include all installed equipment, including, but not limited to, the System and all tangible and structural support materials, as well as all appurtenant equipment, above and below ground (except for empty conduits). Provider shall additionally restore the Site to a condition substantially similar to the pre- installation condition of the Site, excluding ordinary wear and tear, through reasonable efforts.

Provider’s restoration of the Site shall include, but is not limited to, any refinishing, landscaping, hardscaping, painting or other finish work, and cleaning. Provider shall undertake any repairs necessary as a result of such removal and restoration. The Parties shall reasonably coordinate all such removal, restoration, storage and transportation activities and dates.

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3 C. Failure to Remove. If Provider fails to comply with this Section 3 and remove the System and restore the Site as required within such one-hundred and eighty (180) day period, City shall have the right, but not the obligation, to remove the System and restore the Site and charge Provider for the cost incurred by City, which cost shall include a twelve and one-half percent (12.5%) administrative fee. The Parties shall reasonably coordinate all such removal and pick-up activities. In the event that the Provider does not remove the System as specified herein, City shall also have the option of continuing to receive Output from the Solar Facility and Battery Systems Services at no cost to City, including, without limitation, no obligation to compensate Provider for the Power Price or other consideration, until the System is removed by either Provider or City.

This Section shall not be interpreted to limit City’s other available lawful remedies.

4. Purchase and Sale of Output and Battery Systems Services.

A. Purchase and Sale of Output. Beginning on the Commercial Operation Date and through the remainder of the Term, Provider agrees to sell and City agrees to buy all Output from the Solar Facility (the “Solar Facility Output”) and Output from the Battery Systems (the “Battery Systems Output”) at the applicable Power Price as set forth in Exhibit B. City shall have no obligation to pay for Solar Facility Output or Battery Systems Output delivered after the expiration date of this Agreement or the early termination thereof.

B. Cost Reimbursement. The Parties acknowledge that City will incur costs associated with this Project including amounts payable by City to third-party engineers, consultants, legal counsel, and inspectors (“Development Costs”). The Power Price set forth in Exhibit B includes consideration for reimbursement of Development Costs which shall be paid by Provider to City based on the following schedule:

1) 50% of the Development Costs within 15 days of the Effective Date of this Agreement (the “Effective Date Milestone”);

2) 25% of the Development Costs within 15 days of the date on which City issues Provider a Notice to Proceed to construction; and

3) 25% of the Development Costs within 15 days of the Commercial Operation Date.

C. Adjustment to Power Price; Distribution Utility Upgrades. The Parties acknowledge that the Power Price set forth in Exhibit B is based on certain assumptions, and that the Power Price may, if (and only if) the assumptions provided in this Section 4(C) are inaccurate, require an adjustment to the Power Price following the Effective Date with thirty (30) days’ prior written notice to City as follows:

1) Provider assumed that the total cost to be paid to the Distribution Utility in connection with the Distribution Utility Upgrades as stated in Exhibit B. 2) Provider assumed there shall not be material additional costs to re-design, construct, install or maintain the System due to unforeseen conditions or groundwork at the Site (including but not limited to excavation/circumvention of underground obstacles).
3) Provider assumed there are no Hazardous Substances at the Site.

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4 4) The City shall procure, at no material cost to Provider, all planning and zoning permits required for the installation, construction, operation and maintenance of the Solar Facility and Battery Systems by September 30, 2024. 5) The City shall by September 30, 2024, either (i) procure, at no material cost to Provider, an exemption for the Solar Facility and Battery Systems from the California Environmental Quality Act (“CEQA”) or (ii) complete CEQA review and obtain approvals for the Solar Facility and Battery Systems as-designed as of the Effective Date.
6) Provider assumed any information provided by City and relied upon by Provider is accurate.
7) Provider assumed that the Project qualifies for the Statistical Area Category of the Energy Communities ITC Adder as outlined in Notice 2024-30. Power Price under this assumption is listed in Exhibit 2 labeled “1) 10% ITC Adder Scenario”. In the event Provider determines that the Project does not qualify for the Statistical Area Category of the Energy Communities ITC Adder as outlined in Notice 2024-30, Power Pricing shall be automatically adjusted to the table within Exhibit 2 labeled “2) Standard 30% ITC. Scenario”.

D. Provider’s Solar Facility Output Guarantee. Commencing with the second (2nd) Contract Year after the Commercial Operation Date of the System, and for each Contract Year thereafter during the Initial Term, the aggregate metered Solar Facility Output for the previous Contract Year (the “Measurement Period”) shall be at least ninety percent (90%) of the Annual Production Estimate for such Measurement Period for the Solar Facility as defined in Exhibit B (“Output Guarantee”); provided, the Annual Production Estimate is adjusted for actual weather conditions experienced at the Site, and the Output Guarantee for any Measurement Period will be reduced by the estimated generation of the Solar Facility that would have been generated during such Measurement Period, but was not generated, due to one or more of the following causes: (i) Outage; (ii) the actions or omissions of the Distribution Utility or the request or direction of the Distribution Utility; (iii) a Force Majeure event; (iv) buildings or structures constructed after the Commercial Operation Date overshadowing or otherwise blocking access or sunlight to the Solar Facility on or at the Site; (v) a breach of this Agreement by City; (vi) any action or inaction by City that directly causes such reduction in generation (including but not limited to, pursuant to Sections 5.F, 11.C and 11.D below); or (v) a temporary outage pursuant to Section 11.E below.

If the Solar Facility Output during any Measurement Period does not equal or exceed the Output Guarantee for such Measurement Period, Provider shall include in its next invoice to City (and in the final invoice for any credit owed for the final Contract Year) a credit for the Energy Shortfall Amount. Alternatively, City has the option to request that the Energy Shortfall Amount be paid by check independently of an invoice.

E. Provider’s Battery Systems Guarantee. Commencing with the first (1st) Contract Year after the Commercial Operation Date of the System, and for each Contract Year until the end of the tenth (10th) Contract Year of the Initial Term (the “Battery Guarantee Term”), the percentage of real time, measured and reported cumulatively by the supervisory control and data acquisition system, that one hundred percent (100%) of the nameplate power capacity of the Battery Systems (the “Battery Availability”) is available for the previous Contract Year (the Packet Page 452 of 634Attachment 2 Page 7 of 160

5 Measurement Period) shall be equivalent to at least ninety percent (90%) of the total real time for such Measurement Period (8760 hours) (“Battery Systems Guarantee”); provided that, the Parties acknowledge and agree that the Battery Availability shall be reduced each Contract Year to account for the normal and expected degradation of the Battery System in accordance with manufacturer specifications; and provided further that the Battery Systems Guarantee for any Measurement Period will be reduced by the estimated real time that the Battery Systems would have been available during such Measurement Period, but was not available, due to one or more of the following causes: (i) an Outage; (ii) the actions or omissions of the Distribution Utility or the request or direction of the Distribution Utility; (iii) a Force Majeure event; (iv) a breach of this Agreement by City, (v) any action or inaction by City that directly causes such reduction in generation (including but not limited to, pursuant to Sections 5.F, 11.C and 11.D below); or (vi) a temporary outage pursuant to Section 11.E below. Real time shall be measured in increments of hours. Provider additionally guarantees that during the Battery Guarantee Term, the Battery Systems will be available to provide at least the number of cycles per Contract Year (“Guaranteed Cycles”) indicated in Exhibit C when using the full Battery Systems kWh Rating. The Battery Systems shall be cycled in accordance with standard industry practices to maximize electricity cost savings to the City. For the absence of doubt, the Parties acknowledge and agree that the Battery Guarantee Term shall terminate at the end of the tenth (10th) Contract Year, and that beginning on the eleventh (11th) Contract Year neither the Battery Systems Guarantee nor the Guaranteed Cycles shall apply. Provider shall either replace or augment the Battery Systems at the end of the tenth (10th) Contract Year to mitigate the degradation of the Battery Systems. At least thirty (30) days prior to the tenth (10th) anniversary of the Commercial Operation Date, the Parties shall meet and endeavor in good faith to negotiate a Battery Systems Guarantee for the remaining fifteen (15) Contract Years of the Agreement to preserve the economic value of the Agreement to both Parties.

During the Battery Guarantee Term, if the percentage of real time, measured and reported cumulatively by the supervisory control and data acquisition system, that one hundred percent (100%) of the nameplate power capacity of the Battery Systems is available during any Measurement Period does not equal or exceed the Battery Systems Guarantee for such Measurement Period (each of the Battery Availability and the Battery Systems Guarantee as shall be adjusted in accordance with Section 4.E above), Provider shall include in its next invoice to City a credit for the Battery Systems Energy Shortfall Amount. Alternatively, City has the option to request that the Battery Systems Energy Shortfall Amount be paid by check independently of an invoice.

F. Resale of Output. If at any time during the term of this Agreement, the City reduces its consumption requirements for Solar Facility Output or Battery Systems Output and the Parties determine that the Distribution Utility is willing to purchase Solar Facility Output or Battery Systems Output pursuant to any current or future program of the Distribution Utility for net metering, energy credit, offsets or revenue, City, at its option, may sell Solar Facility Output or Battery Systems Output to the Distribution Utility pursuant to such program and in accordance with Section 4(G) below. If applicable and required by law, City may also request that Provider use reasonable efforts to cooperate with the City and the Distribution Utility, provided that nothing in the foregoing shall permit the City to sell Solar Facility Output or Battery Systems Output to the Distribution Utility if such sale would limit Provider’s rights and interests in and to this Agreement.

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6 G. Net Metering, Credits and Storage of Output. Nothing in this Agreement shall limit City’s ability during the term of this Agreement to participate in or otherwise take advantage of any current or future program which may enable City to store Output or Battery Systems Output at any Site or to export Solar Facility Output or Battery Systems Output to any other site or to the Distribution Utility for any available energy credits, offsets, or revenue. City will give reasonable notice to Provider of its intention to undertake any such project or program and will coordinate with the Provider to ensure that the System, the terms and conditions of this Agreement and all associated warranties and guarantees are preserved, provided that City shall reimburse Provider for any documented and reasonable costs and expenses associated with such project or program (including, if applicable, reimbursement of: lost revenue at City Suspension Rate, loss of any Environmental Financial Incentives, and/or costs associated with any modification, removal, relocation, or temporary or permanent deactivation of the System or any portion thereof).

H. Grid Services Programs. From time to time, Provider or City may identify demand response or similar grid services programs, whereby the Battery Systems can help meet demands of the electrical grid, or improve its reliability, by charging or discharging the Battery Systems (or agreeing to make the Battery Systems available for charging or discharging) for which the Provider is eligible to participate (collectively, a “Grid Services Program”). Provider shall only enroll the Battery Systems in any Grid Services Program upon written agreement from City. Nothing in this paragraph shall prohibit City from undertaking participation in Grid Services Programs directly when eligible and Provider shall cooperate with City in ensuring that the Battery Systems operates to maximize revenue in relation to any Grid Services Program participation in accordance with Section 11(B), provided that City shall reimburse Provider for any documented and reasonable costs and expenses associated with such project or program (including, if applicable, reimbursement of: lost revenue at City Suspension Rate, loss of any Environmental Financial Incentives, and/or costs associated with any modification, removal, relocation, or temporary or permanent deactivation of the System or any portion thereof.

I. Outages. Provider may suspend delivery of Solar Facility Output or Battery Systems Output as reasonably necessary for testing, maintaining, replacing and repairing the System, or in response to any Distribution Utility directive or dispatch order (an “Outage”).

Provider shall take all steps necessary to minimize the duration and scope of any such Outage. In the event that an Outage is caused or prolonged by Provider’s negligent act or omission, Provider shall compensate City for the difference between the total electricity cost to the City for the applicable period of outage caused or prolonged by Provider’s negligent act or omission and the Power Price for each 15 minute interval that the Power Price is less than the electricity cost to the City. In such event, City shall provide Provider with evidence of the pricing for such applicable periods in the form of Distribution Utility bills during the outage period, and Provider shall provide the calculation and supporting documentation for determining these amounts, to the reasonable satisfaction of City. Except as set forth herein, City waives claims related to City’s costs of purchasing energy to replace what would have been produced by the System but for such Outages, along within any associated net metering, or similar, benefits.

If an Outage occurs under this Section and a payment is due from Provider to City, Provider shall include in its next invoice(s) to City (and in the final invoice for any credit owed for the final Packet Page 454 of 634Attachment 2 Page 9 of 160

7 Contract Year) a credit for the difference between the electricity cost to the City for the applicable period.

J. Distribution Utility Electric Service. City may take parallel energy services from Distribution Utility.

5. Design, Construction, Operation & Maintenance.

A. All Provisions in this Article 5 shall apply to all activities of Provider undertaken in relation to the design, construction, installation, maintenance, repair, and operation of the System(s) throughout the Term of this Agreement (each provision as applies to the construction or installation of the System, the “Construction Provisions”).

B. Provider’s Contractor and Consultants. Provider shall ensure that any party contracting with Provider for any engineering, procurement, design, installation or construction of the System shall possess sufficient knowledge, experience, expertise, licensing, registration, and financial capacity and creditworthiness necessary for satisfactory completion of Provider’s obligations under this Agreement. The contractor performing the construction work on the Project shall possess a Class B or C-10 California Contractor State License, be a registered public works contractor in accordance pursuant to Labor Code Section 1725.5, and all other required licenses for performing work under this Agreement, prior to performing any work on the Project. Provider represents and warrants that it has the financial capacity, creditworthiness and bonding sufficient to satisfy all of Provider’s obligations under this Agreement, including, but not limited to, any instance of default or other failure by Provider’s contractor(s) to complete the work required to satisfy Provider’s obligations in this Agreement. Prior to contracting with any such party, Provider shall obtain and review the qualification of such party and complete any necessary background check or fingerprinting required by law or City. Provider shall further procure from the contractor performance and payment bonds and any other assurances as Provider deems reasonably necessary to secure contractor’s timely completion of the Project.

C. Permits. Provider shall be solely responsible for ensuring that the System is constructed in compliance with all applicable laws, regulations and Permits, and in accordance with the standards set by any governmental program providing funding for the System. Provider shall fully include and incorporate into any and all designs and engineering for the System, all improvements, conditions and mitigation measures required for compliance with the CEQA and where applicable the Americans with Disabilities Act (“ADA”). The City shall, at the City’s sole cost and expense, obtain (i) all necessary approvals demonstrating that the Systems are in compliance with CEQA as designed, provided that the City shall use best efforts to obtain written confirmation from CEQA, in form and substance reasonably acceptable to Provider, that the System is exempt from compliance with CEQA requirements, and (ii) all planning, zoning, and electrical permits and/or exemptions from Governmental Authorities having jurisdiction over the Project required for the installation, operation and maintenance of the System (clauses (i) and (ii) together, the “City Permits” and such City Permits as set forth in Exhibit E attached hereto).

Provider shall, at Provider’s sole cost and expense, obtain from all Governmental Authorities having jurisdiction over the Project, all other necessary Governmental Approvals and other Permits and approvals required for the installation, operation and maintenance of the System, including, but not limited to fire safety, California Occupational Safety and Health Administration Packet Page 455 of 634Attachment 2 Page 10 of 160

8 (“Cal/OSHA”), utility interconnection, right-of-way permits, easement agreements and other related requirements (the “Provider Permits” and such Provider Permits as set forth in Exhibit E attached hereto).

Without limiting the City’s obligations with respect to the City Permits, to the extent action is required by City, City shall, upon the request of Provider, use reasonable efforts to assist Provider in obtaining and retaining Provider Permits, licenses, releases and other approvals necessary for the design, construction, engineering, installation, operation and maintenance of the System. Provider shall reimburse City for reasonable and documented costs incurred by City in assisting the Provider under this Section. Provider shall be responsible for all costs, expenses and improvements to the extent required to obtain or comply with any permits, Government Approvals or other requirement under state or federal law made necessary as a result of the System installation, operation and maintenance, except for the City Permits which shall be the sole cost and obligation of the City. Specifically, the Provider is required to obtain and submit all documents to close out the Project with the Governmental Authorities having jurisdiction over the Project. In addition to stamped and approved plans, Provider shall provide any required installation compliance confirmation letter(s) to any applicable Governmental Authorities.

Provider shall, upon the request of City, use reasonable efforts to assist the City in obtaining and retaining the City Permits, provided that the City shall reimburse Provider for reasonable and documented costs incurred by Provider in assisting the City under this Section.

D. Inspections. Provider and City shall work together reasonably to mutually select any company that performs inspections of the materials and equipment for the design, engineering, procurement, construction or installation of the Systems, including, but not limited to, any inspections to verify the Systems’ compliance with the Applicable Law.

E. Notice of Output Interruptions. Each Party shall notify the other Party as soon as reasonably practicable following its discovery of any material malfunction of any System or interruption in the supply of electricity from any System. Each Party shall designate and advise the other Party of personnel to be notified in the event of such a malfunction or interruption.

Provider shall correct, or cause to be corrected, the conditions that caused the malfunction or interruption as soon as reasonably practicable. However, in no event shall Provider’s response to investigate the problem and initiate appropriate corrective action be greater than forty-eight (48) hours following receipt of notice or upon discovery of such malfunction or interruption. In addition, Provider shall remotely monitor the System on a daily basis for the presence of alarm conditions and general performance utilizing the data acquisition systems and monitoring systems installed by the Provider at the Site, as described in Exhibit F.

F. Site Operations. In order to prevent any unreasonable disturbance or interruption of City activities, Provider shall accommodate the City’s normal operations schedule and scope of activities conducted on the Site during construction and on-going operation of the System pursuant to this Agreement. In the event Provider’s accommodation of the City’s normal operations schedule results in a delay to the Project Schedule (as defined below), such Project Schedule and the Commercial Operation Deadline (if applicable) shall be automatically and equitably extended.

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9 G. Operation and Maintenance of System. Provider shall be responsible for all operations, maintenance, and repair of the System, except to the extent that any maintenance or repair is made necessary by the negligent acts or omissions or willful misconduct of City. All maintenance, repairs and operations, shall be conducted in the manner set forth in this Agreement, and Provider shall reasonably accommodate and cooperate with City to ensure the City’s activities, facility uses, and scheduling requirements are not unreasonably impeded. Provider’s repair work responsibilities shall include, but are not limited to, any repair required as a result of damage caused by the Provider or its contractors, subcontractors or vendors, to the City’s facilities within a period of five (5) years following the date the damage was discovered or reasonably should have been discovered by the City. Provider is responsible for repairs and/or replacement of system components that are damaged from vandalism, theft or criminal activity. Provider shall provide grass cutting services at the Site at least once per calendar year following the Commercial Operation Date for purposes of weed abatement and vegetation control, provided that Provider shall not cut grass or otherwise provide vegetation control services on any day on which the National Weather Service has issued a Red Flag Warning as applicable to the Site.

H. Prevailing Wages. This Project is subject to compliance with the prevailing wage provisions of the California Labor Code and the prevailing wage rate determinations of the Department of Industrial Relations. These rates are on file at City’s main office or may be obtained online at http// www.dir.ca.gov/dlsr . A copy of these rates shall be posted at the job site by Provider. Provider and all contractors and subcontractor(s) under it, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of this PPA and the employment of apprentices. Provider hereby agrees to indemnify and hold harmless City, their officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, their officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with any applicable Labor Code provisions arising out of or in connection with the Project.

1) Wages.

a. Pursuant to the provisions of Article 2 (commencing at Section 1770), Chapter 1, Part 7, Division 2 of the Labor Code of California, the governing body of City has ascertained the general prevailing rate of per diem wages in the locality in which this public work is to be performed for each craft, classification, or type of workmen needed to execute the Agreement.

b. Per Diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided in Labor Code § 1773.1 apprenticeship or other training programs authorized by Labor Code § 3093, and similar purposes when the term “per diem wages” is used herein.

c. Each worker needed to execute the work must be paid travel and subsistence payments as defined in the applicable collective bargaining agreements in accordance with Labor Code § 1773.1.

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10 d. Holiday and overtime work when permitted by law shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified.

e. Each worker in work on the System on City’s Property shall be paid not less than the prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between Provider, or any subcontractors of Provider, and such workers.

f. Provider shall, as a penalty to the City, forfeit an amount as determined by the Labor Commissioner pursuant to Labor Code § 1775 for each calendar day, or portion thereof, for each worker paid less than the prevailing rate as determined by the director for such work or craft in which such worker is employed for any public work done under the contract by him or by any subcontractor under him.

The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Provider.

g. Any worker employed to perform work on the System which is not covered by any classification available in the City office, shall be paid not less than the minimum rate of wages specified for the classification which most nearly corresponds with work to be performed by him, and that minimum wage rate shall be retroactive to the time of initial employment of the person in the classification.

2) Record of Wages Paid: Inspection. Pursuant to Labor Code § 1776, Provider stipulates to the following:

a. Provider and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Project. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision (a) of Labor Code § 1776.

b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Provider, or Provider’s subcontractors, on the following basis:

c. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative.

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11 d. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished to a representative of the City, and to the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.

e. A certified copy of all payroll records enumerated in subdivision (a) shall be made available to the public for inspection or copies thereof, subject in all respects to subclause (g) below. However, a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to the above, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Provider, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Provider or Provider’s subcontractors.

f. Provider shall file, or caused to be filed, a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of the written request.

g. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address and social security number. The name and address of Provider or subcontractors performing the work shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual’s name and social security number. Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided non-redacted copies of certified payroll records.

h. Provider shall inform the City of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five (5) working days, provide a notice of a change of location and address.

i. In the event of noncompliance with the requirements of this Section, Provider shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects Provider must comply with this Section.

Should noncompliance still be evident after such 10-day period, Provider shall Packet Page 459 of 634Attachment 2 Page 14 of 160

12 pay a penalty in the amount prescribed by statute to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

j. The responsibility for compliance with this Section shall rest upon Provider.

3) Hours of Work.

a. As provided in Article 3 (commencing at Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Provider stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by Provider or by the work or upon any part of the work contemplated by this contract is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein, work performed on the City’s Property by employees of Provider or employees of any subcontractors of Provider in excess of eight (8) hours per day and forty (40) hours during any one week upon this public work shall be permitted provided that compensation for such employee of all hours worked in excess of eight (8) hours per day is not less than one and one-half times the basic rate of pay.

b. Provider shall pay to the City a penalty in the amount prescribed by statute for each worker employed in the execution of these Construction Provisions by Provider or by any Subcontractor for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 (commencing at Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation to the worker so employed by Provider is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

c. Any work necessary to be performed after regular working hours, or on Sundays or other holidays shall be performed without additional expense to City, unless otherwise agreed to by the parties.

d. Construction work under the Construction Provisions shall be accomplished on a schedule consistent with the normal and reasonable practices of Provider and in compliance with applicable ordinances.

4) Apprentices.

a. All apprentices employed by Provider to perform services under these Construction Provisions shall be paid the standard wage paid to apprentices under the regulation of the craft or trade at which that apprentice is employed, Packet Page 460 of 634Attachment 2 Page 15 of 160

13 and shall be employed only at the work of the craft or trade in which that apprentice is registered. Only apprentices, as defined in Labor Code § 3077, who are in training under apprenticeship standards and written apprenticeship agreements under Chapter 4 (commencing at Section 3070), Division 3 of the Labor Code, are eligible to be employed under these Construction Provisions.

The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprenticeship agreements under which that apprentice is training.

b. When Provider to whom the work under these Construction Provisions is awarded by the City or any Subcontractor under Provider, in performing any of the work under the Construction Provisions, employs workers in any apprenticeable craft or trade, Provider and Subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the Site of the public work, for a certificate approving Provider or Subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.

However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. Provider or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeymen, who shall be employed in the craft or trade on the public work, may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates, but in no case shall the ratio be less than one hour of apprentice work for each five (5) hours of labor performed by a journeyman, except as otherwise provided in Section 1777.5 of the Labor Code. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen.

c. “Apprenticeable craft or trade” as used in Labor Code § 1777.5 and this Article, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.

d. Provider, or any Subcontractor which, in performing any of the work under this contract, employs journeymen or apprentices in any apprenticeable craft or trade and which is not contributing to a fund or funds to administer and conduct the apprenticeship programming of any craft or trade in the area of the Site of the public work, to which fund or funds other Providers in the area of the Site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which that Provider employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as other Providers do, but where the trust fund administrators are unable to accept the funds, Providers not signatory to the trust agreement shall pay like amount to the California Apprenticeship Council. Provider or Subcontractor Packet Page 461 of 634Attachment 2 Page 16 of 160

14 may add the amount of such contributions in computing their bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of the contributions to the fund or funds as set forth in Labor Code § 227.The responsibility of compliance with Labor Code § 1777.5 and this Article for all apprenticeable occupations is with Provider.

e. The interpretation and enforcement of Sections 1777.5 and 1777.7 of the Labor Code shall be in accordance with the rules and procedures of the California Apprenticeship Council.

I. Safety Precautions and Programs. Provider shall ensure that its contractor and subcontractors performing work on the Site comply with the following safety precautions.

1) Provider's contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the construction and installation of the Systems, for maintaining all safety and health conditions on each site and for ensuring against and/or correcting any hazardous conditions on the site.

2) Certain work may be ongoing during City’s working hours; therefore, Provider's contractor shall take precautions to prevent injury and in accordance with the City’s guidelines for onsite safety. Material storage and vehicle access and parking shall be subject to City approval. In the event City’s failure to approve or failure to timely approve results in a delay to the Project Schedule (as defined below) or otherwise delays Provider’s satisfaction of any obligations hereunder, the Project Schedule, the Commercial Operation Deadline (if applicable), and any other applicable schedule of Provider shall be automatically and equitably extended and the City shall reimburse Provider for any reasonable or documented costs and expenses incurred in finding alternative locations.

3) The use of alcohol, drugs, or tobacco will not be permitted on City property.

Workers employed by Provider's contractor or subcontractors. All workers will present themselves with appropriate language, actions and work wear while on construction site and follow requirements from City for interaction with City’s stakeholders.

4) Provider's contractor shall designate a responsible member of its organization at the Site whose duty shall be the prevention of accidents and overall jobsite safety for contractor/subcontractor employees and visitors.

J. Conduct of Project Construction, Installation, Alteration, Operation, Repair, Maintenance and Removal. Throughout the Term of this Agreement, all work of construction, installation, alteration, operation, repair, maintenance and removal of the Projects shall conform with the following:

1) Provider shall not leave debris under, in, or about the Site, but shall promptly remove same from the Site and dispose of it in a lawful manner.

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15 2) Provider shall promptly remove all rubbish and debris left by Provider or Subcontractor during the period of its active activities at the Site.

3) When performing activities at a Site, Provider shall enclose the working area with temporary fencing. If the Site is operated by a school, the fencing shall be adequate to keep students out of the work area and physically segregated from any and all workers on or about the Site. Provider shall coordinate with City’s designated contact to develop a mutually agreeable schedule for any activity at the Site to mitigate any inconvenience to or disruption of students, faculty, and staff in their regular activities and to otherwise eliminate any substantial interference with normal operations of the Site.

4) Provide fencing and/or demarcations around any shrubs or trees indicated to be preserved, provided that such indication is provided in writing by City to Provider prior to initiation of any installation or construction work by Provider, sufficient to protect such foliage from substantial damage that might ordinarily occur during activities of the kind undertaken by Provider at the Site.

5) Deliver personnel, tools, equipment and materials to the work area over route(s) reasonably designated by the City, provided that City ensures that Provider shall have all access rights necessary to use such designated routes.

6) Take commercially reasonable measures to mitigate objectionable dust, noise, or other disturbances as necessary to ensure Provider’s activities do not result in substantial interference with or disruption of regular Site activities and normal operations of the Site.

7) Confine apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits or the reasonable directions of the City, not unreasonably encumber Site or overload any structure with materials, enforce all reasonable instructions of the City regarding signs, advertising, fires, and smoking and require that all workers comply with all City’s regulations while on the Site.

8) Upon completion of activities on the Site, Provider shall remove temporary utilities, fencing, barricades, planking, sanitary facilities and all similar temporary facilities from Site.

9) Provider shall remain strictly liable to City for all damages to City's property caused or contributed to by Provider, its employees and/or agents and shall, upon written demand by City, restore all City property damaged by Provider, its employees and/or agents to substantially the condition in which it was prior to said damage occurring at the sole cost and expense of Provider, excepting ordinary wear and tear.

6. Commercial Operation Date; Conditions Precedent; Notice to Proceed.

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16 A. City Conditions Precedent to Construction. City’s obligations under this Agreement are conditioned on the completion of the following pre-construction activities relating to the System (“City Conditions Precedent”), or the City’s written waiver of such conditions, within one hundred and eighty (180) days after the Effective Date ("Conditions Precedent Deadline”):

1) Provider shall have completed all design and engineering of the System(s) in accordance with the requirements of Article 5, above, including, without limitation, having obtained all necessary approvals, Provider Permits and entitlements precedent to construction or installation.

2) Provider shall submit to City certificates of insurance and endorsements demonstrating compliance with the requirements defined in Section 17 of this Agreement and carriage of workers’ compensation insurance.

3) Provider shall submit to City the certificates in a form provided by City regarding compliance with statutory student safety (if applicable), tobacco use and drug use.

4) Provider shall submit to City a fully executed copy of any and all contracts entered into for the engineering, procurement and/or construction of the System, provided Provider may redact confidential and commercial information.

5) Provider shall submit to City for approval a 90% completed design of the System, a detailed construction and installation schedule (such schedule as may be updated or amended, the “Project Schedule”) and a detailed project safety plan. Provider’s construction and installation schedule shall include start and completion dates for all categories of work on the Site, including but not limited to pre-construction activities, installation of major equipment and anticipated Site deliveries and all required submittal and procurement documentation.

6) Provider shall confirm to City that Provider has obtained and secured sufficient financing to fund Provider’s obligations under this Agreement.

B. Provider Conditions Precedent to Construction. Subject to Provider’s commercially reasonable efforts, Provider’s obligations under this Agreement are conditioned on the completion of the following conditions (“Provider Conditions Precedent”) to Provider’s reasonable satisfaction, or Provider’s written waiver of such conditions, on or before the Conditions Precedent Deadline:

7) The City shall submit evidence to Provider, in form and substance reasonably acceptable to Provider, that the City has obtained or caused to be obtained all City Permits.

8) Provider has determined, in accordance with standard industry practices, that there do not exist site conditions (including environmental conditions) or construction requirements that were not known as of the Effective Date and that could Packet Page 464 of 634Attachment 2 Page 19 of 160

17 reasonably be expected to materially increase the cost of installation, operation and maintenance of the Solar Facility or Battery System or would adversely affect the sale and delivery of Solar Facility Output and Battery Systems Output to the City as designed.

9) Provider has determined, in accordance with standard industry practices, that the Site, as is, is sufficient to accommodate the System and suitable for construction and operation of the Solar Facility and Battery System.

10) The City shall transfer the Distribution Utility’s approved interconnection application to the Provider and Provider has determined, in accordance with standard industry practices, that interconnection services will be available with respect to energy generated by the Solar Facility. Provider shall take over the responsibility of managing the interconnection application originally submitted by the City to the Distribution Utility and undertake all commercially reasonable efforts to assess the capacity of the Distribution Utility facilities, including, but not limited to, the applicable transformer(s) and conductor(s) and provide a written assessment of such to City.

11) Provider has determined, in accordance with standard industry practices, that there has not occurred a material adverse change in the regulatory environment, incentive program or federal or state tax code that could reasonably be expected to adversely affect the economics of the installation for Provider.

12) Provider and the City shall have executed such documents as reasonably required to protect Provider’s rights in and use of the Site in accordance with Section 18 hereof.

C. Completion of Condition Precedent to Construction; Termination. If Provider is unable to timely complete any of the City Conditions Precedent by the Conditions Precedent Deadline, City may, but is not required to, either (i) waive or extend such requirements in a written notice to Provider; or (ii) terminate this Agreement without triggering the default provisions of this Agreement, including, but not limited to any default provision requiring the payment of the Termination Value, nor shall any such termination subject City to any other liability. If Provider is unable to complete or confirm, as applicable, any of the Provider Conditions Precedent by the Conditions Precedent Deadline, Provider may, but is not required to, either (i) waive such requirement in a written notice to City; or (ii) terminate this Agreement without triggering the default provisions of this Agreement and receive a reimbursement of fifty percent (50%) of the Development Cost paid by Provider to City as of such termination date. Upon the satisfaction of all City Conditions Precedent and Provider Conditions Precedent, and written confirmation from Provider of the same, City shall issue a notice to proceed to Provider (“Notice to Proceed”) within ten (10) business days, informing Provider that it may commence the construction of the System on the Site. Provider shall not proceed with construction of the System until it has received the Notice to Proceed. Upon City’s reasonable request, Provider shall promptly provide City with copies of any requested forms, documents and communications received or generated by Provider in connection with this Agreement.

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18 D. Construction; Commercial Operation. Promptly upon receipt of the Notice to Proceed to construction from City, Provider shall commence construction of the System, and shall cause the submission of final electrical clearance to the Distribution Utility prior to the net energy metering (NEM) deadline which is set for April 15, 2026 (the “NEM Submission Deadline”).

Provider shall cause complete installation and start-up of Commercial Operation thereof on or before the date as indicated in Attachment C in Exhibit F (the “Commercial Operation Deadline”). The Commercial Operation Deadline shall be on or prior to June 15, 2026. Prior to declaring Commercial Operation, Provider shall achieve the following:

1) Effect the execution, in coordination with City, of all agreements required for interconnection of the System with the Distribution Utility, including, without limitation, the Interconnection Agreement and net metering agreement if applicable; and

2) Ensure that all necessary connections and equipment are installed in compliance with all applicable codes and standards, and that Provider has procured or caused the complete installation of all necessary equipment and protection devices to enable delivery of Solar Facility Output and the Battery Systems Output from the Delivery Point to City’s facilities.

3) Obtain or cause to be obtained all necessary Permits, entitlements, contracts and agreements required for the operation and maintenance of the System and the sale and delivery of Solar Facility Output and the Battery Systems Output to City.

4) Provide written confirmation that (i) all required commissioning has been completed; (ii) City and its agents have been provided access to the monitoring data for the System at the level required by this Agreement; and (iii) all closeout activities outlined in Section 7 of Exhibit F have been completed.

E. Commercial Operation. The “Commercial Operation Date” shall be the date on which Provider accurately notifies City of the fact that the System is mechanically and electrically complete and operational and providing Solar Facility Output and Battery Systems Output through the Meter(s) to the Delivery Point under approved and executed Distribution Utility Interconnection Agreement and that Provider has met all of the requirements in Section 6(D) above. Provider shall cause the Commercial Operation Date to occur on or before the Commercial Operation Deadline.

The City shall be solely liable for any delays caused by the City or the City’s contractor(s).

Any delay caused by the City or the City’s contractor(s) shall result in a day-for-day push of the Project Schedule. The City shall be solely liable for any demobilization and remobilization costs incurred due to any delay caused by the City or the City’s contractor(s). For the absence of doubt, if the City has not completed the High Lift upgrade project (PM#35228024) on or before March 29, 2026, both the NEM Submission Deadline and the Commercial Operation Deadline shall be automatically extended to provide for the delays to Provider and Provider’s contractor(s) in completing the work. Provider shall deliver to City a revised Project Schedule, and any Delay Liquidated Damages shall be assessed solely based on such revised Project Schedule.

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19 Provider shall be solely liable to City for any delay by Provider or Provider’s contractor(s) in completing the work, including any costs of City associated with impacts to the Site or a delay in the Commercial Operation Date.

If Commercial Operation has not commenced on or before the thirtieth (30th) day following the Commercial Operation Deadline (as may be extended as provided herein), City may, but shall not be required to, assess Delay Liquidated Damages against Provider in an amount equal to $300 per Day. If Commercial Operation has not commenced on or before the ninetieth (90th) day following the Commercial Operation Deadline, City may, but shall not be required to, terminate this Agreement without triggering the default provisions of this Agreement as to City or any other City liability, including any default provision which would otherwise require payment of the Termination Value, provided that the City shall not terminate this Agreement if the City determines, in its reasonable discretion, that Provider continues to diligently pursue, using commercially reasonable efforts, the achievement of Commercial Operation. If submission of final electrical clearance to the Distribution Utility has not occurred on or before the NEM Submission Deadline, City may, but shall not be required to, assess Delay Liquidated Damages against Provider in an amount equal to $300 per Day.

The cost to City for administration, inspection, mileage, and other similar items would be extremely difficult to determine. For that reason, additional liquidated damages, known as Administrative Delay Liquidated Damages may also be applied to compensate City for undue delays in the completion of punch list items, Final Binder (as defined in the General Conditions and Technical Specifications attached hereto as Exhibit F), site clean-up, and demobilization, after Commercial Operation has been achieved. Provider shall complete site clean-up and demobilization within thirty (30) days of Commercial Operation Date. At any time after the expiration of such 30-day period, the City shall provide written notice to Provider of any outstanding work the City reasonably determines Provider must complete. If Provider has not cured such issues within fifteen (15) days of receipt of such notice (as shall be extended by an additional fifteen (15) days if Provider is diligently pursuing such cure), Administrative Delay Liquidated Damages shall be imposed in the amount of $250 per day. Charges will be assessed until City reasonably agrees that all outstanding work has been completed.

F. Extension of Commercial Operation Deadline. Provider may request in writing an extension of the Commercial Operation Deadline. At the time of the request, Provider shall present City in writing with the reason for delay, confirmation that Commercial Operation shall commence within the requested extension time as well as evidence demonstrating that the delay in achieving the Commercial Operation Deadline could not have been reasonably avoided by Provider.

Provider’s written request must also state the date on which Provider reasonably believes Commercial Operation will be achieved following such extension. The approval of the request will be at the sole discretion of City and if approved by City, Provider shall pay to City a non-refundable extension fee of $350 for each request, provided that no extension fee shall be payable and the Commercial Operation Deadline shall automatically be extended by one day for each day of delay caused by: (i) a Force Majeure event, (ii) any action of the City that directly caused such delay (including but not limited to pursuant to Sections 5.F and 5.I above), or (iii) any delay by City in Packet Page 467 of 634Attachment 2 Page 22 of 160

20 obtaining the City Permits before September 30, 2024. To the extent that Provider fails to meet the Commercial Operation Deadline as automatically extended or extended by City pursuant to this Section, City shall have the options to terminate or assess liquidated damages as set forth in subsection E above.

7. Ownership of System, Output, Green Attributes and Environmental Financial Incentives.

A. Ownership of System. Title to the System shall remain with Provider during the Term unless and until City exercises its option to purchase the System as set forth herein. None of the System, including, but not limited to any components thereof may be sold, leased, assigned, mortgaged, pledged or otherwise alienated or encumbered by City. City shall not cause or permit the System or any part thereof to become subject to any lien, encumbrance, pledge, levy or attachment arising by, under or through City. If there is any mortgage or fixture filing against the Site which could reasonably be construed as attaching to the System as a fixture of the Site, City shall provide or procure, at Provider’s request, a disclaimer, release or subordination and non- disturbance agreement from such lien holder. City shall not unreasonably withhold consents to the filing by Provider, on behalf of City, of a disclaimer of the System as a fixture of the Site in the office where real estate records are customarily filed in the jurisdiction of the Site. Provider shall bear all risk of loss with respect to the System, except for losses arising from the negligence or willful acts or omissions by City, or their agents or employees. Provider shall be solely responsible for the System operation and maintenance in compliance with all applicable laws, regulations and Permits. Provider shall not be responsible for the cost or expense of any maintenance required as a direct result of City’s negligence or willful misconduct.

B. Ownership of Output, Green Attributes and Environmental Financial Incentives.

Provider is the exclusive owner of any Environmental Financial Incentives associated with the construction, ownership and operation of the System. City will assign its interest (if any) in all such credits and other financial incentives to Provider. City is the exclusive owner of, and may assign or sell in its sole discretion, all Green Attributes, including, but not limited to, Renewable Energy Certificates (“REC”), and REC Reporting Rights, attributable to the System and the Solar Facility Output or Battery Systems Output therefrom. Without additional charge to City, Provider shall take and bear the costs of all steps necessary to secure and perfect City’s interest in the Green Attributes, including, but not limited to, registering the RECs with WREGIS. The Parties agree to subsequently negotiate in good faith the ownership of any additional benefit or incentive associated with this Agreement which did not exist at the time this Agreement was entered into.

8. Payment.

A. Monthly Invoices. Provider shall provide an invoice for the System to City on a monthly basis, by the 15th day of each calendar month following the Commercial Operation Date of the System. Each invoice will set forth (i) the Solar Facility Output and/or Battery Systems Output delivered in the preceding month, (ii) the Power Price for such month, (iii) the total amount to be paid by City to Provider for Solar Facility Output and/or Battery Systems Output delivered in the preceding month, (iv) the year and month of the PPA term, (v) Annual Production Estimate for the relevant year as set forth in Exhibit B, (vi) running total of Annual Production Estimate for the relevant year as set forth in Exhibit B versus cumulated actual Output for the relevant year, Packet Page 468 of 634Attachment 2 Page 23 of 160

21 (vii) running total of Battery Systems Guarantee for the relevant year as set forth in Exhibit C versus cumulated actual Battery Systems Output for the relevant year (viii) and any applicable offsets or credits to such invoice amounts.

B. Due Date. All payment of invoices shall be in U.S. Dollars and paid by wire transfer, check, or automated check handling (ACH) payment delivered to Provider at the address specified herein within forty-five (45) Days of the date the invoice is received by City (“Due Date”). If the Due Date is a weekend or a bank holiday, payment will be due the next following business day.

C. Payment Disputes. In the event a Party disputes all or a portion of an invoice, or any other claim or adjustment arises, such disputes shall be resolved pursuant to Section 15.

9. Purchase Option.

A. Purchase of System. Unless City is in default of its obligations under this Agreement, City shall have the option to purchase all of Provider’s right, title, and interest in and to the System on (i) the seventh (7th) anniversary of the Commercial Operation Date and on each anniversary of the Commercial Operation Date thereafter, (ii) upon expiration of the Term hereof, or (iii) as otherwise provided herein (“Purchase Option”). If City wishes to exercise its Purchase Option, it must provide notice to Provider at least ninety (90) Days in advance of any such anniversary or the expiration of the Term. The purchase price shall be the greater of (i) the Fair Market Value, as defined under this Agreement, of the System as of the applicable anniversary date or the expiration of the Term or (ii) the Termination Value for the year in which the Purchase Option is exercised (the “Purchase Price”). Upon the exercise of the Purchase Option and Provider’s receipt of all amounts then owing by City under this Agreement, including any incentive or depreciation recapture, the Parties will execute all documents necessary for the purchase and sale of the System, including but not limited to, the delivery of the Purchase Price, the transfer of title to the System, and to the extent transferable, the remaining period, if any, on all warranties and Green Attributes for the System to City. Provider shall remove any encumbrances placed or allowed on the System by Provider. On the date on which Provider transfers title to the System to City in accordance with this Section, this Agreement shall terminate without default or penalty to City.

B. Fair Market Value. The “Fair Market Value” of the System shall be the value thereof as determined by a nationally recognized independent appraiser selected by the Parties, with experience and expertise in the solar photovoltaic and battery energy storage industry to value such equipment. The Fair Market Value of the System shall be based upon its fair market value in continued use for the Term, taking into account, among other things, the age, condition and performance of the System and advances in solar technology, provided that installed equipment shall be valued on an installed basis, shall not be valued as scrap if it is functioning and in good condition and costs of removal from a current location shall not be a deduction from the valuation, taking into account the present value of all associated future income streams expected to arise from the operation of the System for the remaining useful life of the System, including but not limited to the expected price of electricity. The appraiser will consider the loss of all Environmental Financial Incentives or any other tax benefits related to the System, and including the costs of removal, shipping and reinstallation, as a cost credit against the value of the System. The valuation Packet Page 469 of 634Attachment 2 Page 24 of 160

22 made by the appraiser shall be binding on the Parties in the absence of fraud or manifest error.

The costs of the appraisal shall be borne by the Parties equally. If the Parties are unable to agree on the selection of an appraiser, such appraiser shall be selected by the two appraiser firms proposed by each Party.

10. Early Termination.

A. Provider’s Early Termination Rights. Provider shall have the right, but not the obligation, to terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement prior to expiration of its Term upon the occurrence of:

1) An unstayed order of a court or administrative agency, or a change in state or federal law or regulation (a “Change in Law”), imposing a material cost, regulation or other requirement upon the sale of Solar Facility Output or Battery Systems Output which precludes the Provider from providing Solar Facility Output or Battery Systems Output pursuant to this Agreement. Provider shall notify City of any such Change in Law, and within thirty (30) days following receipt by City of such notice, the Parties shall meet and attempt in good faith to negotiate such amendments to this Agreement as are reasonably necessary to preserve the economic value of this Agreement to both Parties. If the Parties are unable to agree upon such amendments within such 30-day period, then either Party may terminate this Agreement.

2) Condemnation, destruction, or other material damage to the Site that results in the termination of the easement to such Site.

In the event Provider exercises its right under this Section, City may elect to either (i) purchase the System pursuant to Section 9 as of the time of Provider’s notice; or (ii) require Provider to remove the System within one hundred eighty (180) days at Provider’s sole cost and expense and restore the Site as required in Section 3.

B. City’s Early Termination Rights. If City ceases to conduct operations at or vacates a Site, City may, upon payment to Provider of the Termination Value and of all amounts then owing by City under this Agreement, net of amounts or receivables then owed to City by Provider, without further penalty hereunder, terminate this Agreement. Provider shall remove the System at the Site in accordance with Section 3.

11. Delivery; Risk of Loss; Relocation.

A. Output Specifications. Provider shall ensure that all energy generated and / or discharged by the System conforms to Distribution Utility specifications for energy being generated and / or discharged and delivered to the electric distribution systems of the Site, which shall include the installation of proper power conditioning and safety equipment, submittal of necessary specifications, coordination of Distribution Utility testing and verification, and all related costs.

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23 B. Transfer of Output. Provider shall be responsible for the delivery of Solar Facility Output and Battery Systems Output to the Delivery Point. Provider shall undertake all commercially reasonable efforts to assess the capacity of the Distribution Utility transformer(s) and conductor(s). To the extent any subsequent upgrade to such facilities is required and not performed and funded by the Distribution Utility, the Provider shall cause such upgrades to be completed at its sole cost and expense, subject to adjustment of the Power Price as contemplated by Exhibit B. Title and risk of loss of the Solar Facility Output and Battery Systems Output shall pass from Provider to City upon delivery of the Solar Facility Output and Battery Systems Output to the Delivery Point. To the extent applicable to the Project, prior to the start of construction of the System, Provider shall use commercially reasonable efforts to assist with City’s selection of equipment installations on City’s side of any Delivery Point.

C. Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, City may, at its option, require that the System be permanently relocated, either on the existing Site or to another site of City’s choosing, at a location with at least equal insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). City shall give Provider at least sixty (60) calendar Days’ notice of City’s need to move or relocate the System.

Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site.”

City shall pay the reasonable costs arising in connection with the relocation of the System, including removal costs, necessary storage costs, re-installation, re-commissioning costs, and any applicable interconnection fees, provided that Provider provides City with information detailed herein below in a timely manner. City shall additionally compensate Provider for any revenue during the period in which energy cannot be generated and delivered to City from the System being relocated, at City Suspension Rate, as defined below, prorated as needed to apply on a daily basis.

City shall also execute such consents or releases reasonably required by Provider or Provider’s financing Parties in connection with the relocation. Within thirty (30) Days of agreement on a Relocation Site, Provider will provide City with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. City will have twenty (20) Days to review the calculation and make, in writing, any objections to the calculation. Provider shall make all commercially reasonable efforts to achieve the relocation of the System in the estimated time and for the estimated cost provided to City. All additional time and / or costs shall require advance written approval of City.

If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the Site, upon Provider’s thirty (30) Days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, City shall pay Provider an amount equal to the Termination Value. In the event of a termination occurring under this Section, Provider shall remove the System and restore the Site in accordance with Section 3, at no additional cost to City.

D. Temporary Suspension by City. Notwithstanding any other provision of this Agreement, City shall have the right, upon written notice to Provider, to temporarily suspend operations and Solar Facility Output and/or Battery Systems Output for any reason. City shall have the right, upon written notice to Provider, to temporarily render the System non-operational for up Packet Page 471 of 634Attachment 2 Page 26 of 160

24 to forty-eight (48) hours per year without penalty or charge by Provider. If City requires temporary suspension of the System for more than forty-eight (48) hours in a given year, City shall pay to Provider an amount, prorated as necessary, equal to the amount of the monthly payment for power purchased pursuant to this Agreement for the same month(s) (or portion thereof) in the preceding twelve (12) months, or for the average of the entire period the System has been in Commercial Operation if less than twelve (12) months, for the period of time during which the System is not in Commercial Operation in excess of forty-eight (48) hours (“City Suspension Rate”) due to the temporary suspension by City.

E. Temporary Suspension by Provider. Provider shall have the right, upon written notice to City, to temporarily render the System non-operational for up to forty-eight (48) hours per year without penalty or charge by City. If Provider renders the System non-operational for a period in excess of forty-eight (48) hours, Provider shall pay to City a monthly payment (prorated as needed) equal to the difference between the cost to the City of purchasing energy for the combined services of the Distribution Utility and City during the System’s period of non-operation and the average monthly cost of power purchased under this Agreement for the preceding twelve (12) months, or for the entire period the System have been in Commercial Operation if less than twelve (12) months, for the period of time during which the System are non-operational.

F. [RESERVED]

G. Change in Conditions. If City requests an increase in the Solar Facility Output or Battery Systems Output delivered to the Delivery Point, the Parties agree to use good faith efforts to increase such capacity and to negotiate such amendments to this Agreement as are reasonably necessary to reflect the economic value of such increased capacity. If Provider and City are not able to reach an agreement for such additional Solar Facility Output or Battery Systems Output, City may, at its sole discretion, obtain the services of a third party for such purposes, provided that such additional third party provided services and any site easement shall not interfere with Provider’s right, title and interest in the System under this Agreement.

H. Performance and Payment Bonds. Provider shall deliver to City evidence that the prime contractor performing the construction and installation services of the Systems maintains payment and performance bonding in favor of the Provider and meeting the following requirements, which shall be provided to the City prior to the commencement of construction on any Site:

a. Performance Bond. A bond issued by a corporate surety authorized to issue surety insurance in California, in a form commonly used for such purposes, in an amount equal to one hundred percent (100%) of the Provider’s construction contract price payable under the contract securing the faithful performance of the contractor of its contract with Provider; and
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25 b. Payment Bond. A bond issued by a corporate surety authorized to issue surety insurance in California, in a form commonly used for such purposes, in an amount equal to one hundred percent (100%) of Provider’s construction contract payable under the contract securing the payment of all claims for the performance of labor or services on, or the furnishing of materials for, the performance of the contract. c. All bonds shall be provided by a corporate surety authorized and admitted to transact business in California and shall be in the form provided by City.

I. Provider shall make no alteration to the System after the Commercial Operation Date intended or reasonably anticipated to permanently increase the nameplate capacity, Solar Facility, or Battery Systems Output of the System without express written approval by City. Notwithstanding the foregoing, Provider may alter the System’s nameplate capacity on a temporary basis when performing maintenance and repair activities provided that Provider returns the System’s nameplate capacity to that as of the Effective Date upon the completion of such activities.

12. Metering.

A. Meter. Provider shall provide and maintain standard revenue grade meters and an electronic data acquisition system at the Delivery Point (each a “Meter”, collectively “Meters”) to individually measure the actual amount of electricity supplied to City by each of the Solar Facility and the Battery Systems on a continuous basis. Meters shall be installed and maintained at Provider’s sole expense and shall be located in close proximity to the Delivery Point and in all cases on the Provider side of all Provider owned transformers and other electrical losses.

B. Meter Testing. Provider shall arrange for all Meters to be tested prior to Commercial Operation and once per year after Commercial Operation within thirty (30) days of the anniversary of the Commercial Operation Date. The tests shall be conducted by independent third parties who are qualified to conduct such tests. Provider shall bear all costs and expenses associated with annual Meter testing. City shall be notified ten (10) Days in advance of such tests and shall have a right to be present during such tests. Provider shall provide City with the detailed results of all Meter tests.

In addition, the Meters shall be inspected and tested for accuracy at such other times as City may reasonably request, but in no event more than once every six (6) month period. City shall bear the cost of the additionally requested Meter testing, unless such test shows that a Meter was inaccurate by more than two percent (2%), in which case the Provider shall bear the Meter testing costs.

C. Cost of Meter Repair. If the Meter testing demonstrates that a Meter was operating outside of its allowable calibration (+/- 2%), then the Provider will pay for the cost of the repairs, or replacement, necessary to restore a Meter to proper working order. If a Meter is found to be inaccurate by more than two percent (2%), Invoices from the prior six (6) months, or from the last time such Meter was registering accurately, whichever is less, shall be adjusted in accordance with Section 8, except that City shall not be obligated to pay interest on any amount found to be due because Meter was operating outside of its allowable calibration (+/- 2%). Provider shall submit Packet Page 473 of 634Attachment 2 Page 28 of 160

26 any request for an adjustment to City no later than two (2) months after Meter testing had been performed, and City shall not be obligated to pay any adjustment for a prior fiscal year that was not submitted to City within two months after Meter testing was performed. City may withhold payments to Provider if a Meter has registered production in excess of 2% of the Solar Facility Output or Battery Systems Output delivered to City and Provider fails to provide City with the appropriate payment pursuant to Section 8 for the amount which City overpaid to Provider as a result of the Meter being outside of the established calibration range.

D. Meter Data. Provider shall gather and maintain the data from a Meter, including but not limited to interval data registered at least once every fifteen (15) minutes (the “Meter Data”) and shall make such Meter Data available to City or maintain the Meter Data such that City can access the Meter Data remotely through a secure internet site or such other remote access as the Parties mutually agree to.

E. Meter Data Audit. City shall have the right to audit the Invoices and/or the Meter Data once per calendar year. If the audit reveals that City has been overcharged by more than two percent (2%), Provider shall bear the cost of such audit, but in all other cases City shall bear the cost of such audit.

F. Maintenance of Meter Data. The Parties shall maintain all records related to Invoices and Meter Data for a period of the greater of (i) forty-eight (48) months from the date of such Invoice or Meter Data, or (ii) as otherwise required by law. Such records shall be available for audit as described above.

13. Representations, Warranties and Covenants.

A. Authorization and Enforceability. Each Party represents to the other Party as of the Effective Date that: (i) such Party is duly organized, validly existing and in good standing under the laws of the state of its formation; (ii) the execution and delivery by such Party of, and the performance of its obligations under, this Agreement has been duly authorized by all necessary action, does not and will not require any further consent or approval of any other Person, and does not contravene any provision of, or constitute a default under such Party’s organizational documents, any indenture, mortgage or other material agreement binding on such Party or any valid order of any court, or regulatory agency or other body having authority to which such Party is subject; and (iii) this Agreement constitutes the legal and valid obligation of such Party, enforceable against such Party in accordance with its terms, except as may be limited by bankruptcy, reorganization, insolvency, bank moratorium or similar laws relating to or affecting creditors’ rights generally and general principles of equity, whether such enforceability is considered in a proceeding in equity or at law.

B. Insolation. City agrees that access to sunlight (“Insolation”) is essential to Provider’s ability to provide the projected Solar Facility Output and is a material inducement to Provider in entering into this Agreement. Accordingly, City shall not permit any interference with Insolation available to the System. If City becomes aware of any potential development, foliage or trees, or other activity on adjacent or nearby properties that will diminish the Insolation to the System, City shall advise Provider of such information and reasonably cooperate with Provider in Packet Page 474 of 634Attachment 2 Page 29 of 160

27 reasonable measures taken by Provider in an attempt to preserve existing levels of Insolation upon the System.

C. Notice of Damage. Each Party shall promptly notify the other Party of any matters it is aware of pertaining to any damage to or loss of the use of the System or that could reasonably be expected to adversely affect the System.

D. Site Owner. The City represents and warrants to Provider that the City is the sole owner of the Site and holds fee title to the Site.

14. Default and Remedies.

A. Events of Default. In the event of a Party’s breach of any performance obligation hereunder or breach of any representation, warranty, covenant or term of this Agreement, the non- defaulting Party shall provide the defaulting Party with written notice of the default, which notice shall describe the default in reasonable detail. Following the date of receipt of written notice of default, the defaulting Party shall have thirty (30) Days to cure any payment default and forty-five (45) days to cure any other breach or default described in this Agreement; provided, however, that with respect to non-payment defaults, the cure period shall be extended by the number of days (not to exceed an additional ninety (90) Day period) during which an event of Force Majeure is occurring or during which the defaulting Party has begun corrective action and continues to diligently pursue, using commercially reasonable efforts, the completion of such corrective action.

B. Event of Default. In addition to the foregoing, with respect to a Party, there shall be an event of default (each an “Event of Default”) if:

1) solely with respect to the City, the City terminates, amends, suspends or there is otherwise a change to the right, title and interest of Provider in the Easement; 2) such Party fails to timely pay any amount due;

3) such Party concedes in writing to its inability to pay its debts generally as they become due;

4) such Party files a petition seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State, City or territory thereof;

5) such Party makes an assignment for the benefit of creditors in connection with bankruptcy proceedings;

6) such Party consents to the appointment of a receiver of the whole or any substantial part of its assets;

7) such Party has a petition in bankruptcy filed against it, and such petition is not dismissed within sixty (60) Days after the filing thereof;

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28 8) a court of competent jurisdiction enters an order, judgment, or decree appointing a receiver of the whole or any substantial part of such Party’s assets, and such order, judgment or decree is not vacated or set aside or stayed within sixty (60) Days from the date of entry thereof;

9) under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the whole or any substantial part of such Party’s assets and such custody or control is not terminated or stayed within sixty (60) Days from the date of assumption of such custody or control;

10) such Party ceased its legal existence or ceases doing business or otherwise dissolves; or

11) such Party breaches a material term of this Agreement.

C. Provider Remedies. If an event of default by City under Sections 14(A) or 14(B) has occurred and is continuing, then following the expiration of any applicable cure period, Provider may at its discretion: (i) suspend performance under this Agreement, (ii) seek specific performance from a court of appropriate jurisdiction pursuant, and/or (iii) terminate this Agreement, and as Provider’s sole and exclusive remedy in connection with such termination, require City to pay to Provider as liquidated damages, and not as a penalty, the Termination Value for the System, and any and all amounts then owed Provider for Solar Facility Output or Battery Systems Output delivered to City as of the date of such termination pursuant to this Agreement.

In the event of such termination, Provider shall remove the System in accordance with Section 3, at Provider’s sole cost and expense.

D. City Remedies. If an event of default by Provider under Sections 14(A) or 14(B) has occurred and is continuing, then following the expiration of any applicable cure period, City may at its discretion: (i) suspend performance under this Agreement, (ii) seek damages or specific performance from a court of appropriate jurisdiction, and/or (iii) terminate this Agreement. In the event that City terminates this Agreement pursuant to this Section, City may elect to either (i) purchase the System pursuant to Section 9 as of the time of the event of default; or (ii) require Provider to remove the System within one hundred eighty (180) Days at Provider’s sole cost and expense and restore the Site as required in Section 3.

15. Dispute Resolution.

The Parties agree to make a good faith attempt to resolve any and all controversies, claims, disagreements, or disputes between the Parties arising out of or related to this Agreement (“Dispute”). In the event of any Dispute, either Party may give notice of the dispute to the other Party. In the event a Party Disputes all or a portion of an invoice or other payment, the disputing Party shall timely pay any undisputed portion of such amount due. The Parties shall first use good faith, reasonable, diligent efforts to resolve the dispute within ninety (90) Days from the date of such notice. If the Parties do not resolve their dispute within ninety (90) Days of notice, then the Parties may, upon mutual agreement, submit to mediation before a mutually agreed upon mediator.

In the event the dispute is not resolved through mediation, the Parties may pursue their legal rights Packet Page 476 of 634Attachment 2 Page 31 of 160

29 through any other legally permissible means. If a Dispute, or any portion thereof, remains unresolved after applicable dispute resolution requirements, the Provider shall comply with all claims presentation requirements as provided in Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of Government Code as a condition precedent to the Provider’s right to bring a civil action against City. For purposes of those provisions, the running of the time within which a claim must be presented to City shall be tolled from the time the Provider submits its written Dispute until the time the Dispute is denied, including any time utilized by any applicable meet and confer process. Pending resolution of the dispute, Provider and its subcontractors shall continue to perform the work under the Agreement and shall not cause a delay of the work during any dispute, claim, negotiation, mediation, or arbitration proceeding, except by written agreement of City.

16. Taxes; Liens.

A. Taxes. Provider shall pay any income taxes imposed on Provider due to the sale of energy under this Agreement. City shall pay all real property taxes and assessments applicable to the Site. This Agreement may result in the creation of a possessory interest (Rev. & Tax. Code § 107.6). If such a possessory interest is vested in Provider, Provider may be subjected to the payment of personal property taxes levied on such interest in the System. Provider shall be responsible for the payment of, and shall pay before becoming delinquent, all taxes, assessments, fees, or other charges assessed or levied upon Provider, the Project and the System. Provider further agrees to prevent such taxes, assessments, fees, or other charges from giving rise to any lien against the Site or any improvement located on or within the Site. Nothing herein contained shall be deemed to prevent or prohibit Provider from contesting the validity or amount of any such tax, assessment, or fee in the manner authorized by law. Provider shall be responsible for payment of any personal property taxes, possessory interest taxes, permit fees, business license fees and any and all fees and charges of any nature levied against the System and operations of Provider at any time. If bills for taxes on the System are received by City, City shall remit such bills to Provider.

B. Liens. Provider shall not directly or indirectly cause, create, incur, assume or suffer to exist any liens on or with respect to the Site or City’s interest therein. If Provider breaches its obligations under this Section, it shall immediately notify City in writing, shall promptly cause such lien to be discharged and released of record without cost to City, and shall defend and indemnify City against all costs and expenses (including reasonable attorneys' fees and court costs at trial and on appeal) incurred in discharging and releasing such lien.

17. Liability and Indemnity; Insurance.

A. Indemnity. To the fullest extent provided for by law, each Party (“Indemnifying Party”) agrees to indemnify, defend and hold harmless the other Party, its directors, officers, employees, and agents (each, an “Indemnified Party”) from and against any and all claims, whether or not involving a third-party claim, including demands, actions, damages, loss, costs, expenses, and attorney’s fees (collectively, “Indemnity Claims”), arising out of or resulting from any breach, negligent act, error or omission or intentional misconduct by the Indemnifying Party or its trustees, directors, officers, employees, contractors, subcontractors or agents under the terms of this Agreement; provided, however, that the Indemnifying Party will not have any obligation to indemnify the Indemnified Party from or against any Indemnity Claims to the extent caused by, Packet Page 477 of 634Attachment 2 Page 32 of 160

30 resulting from, relating to or arising out of the negligence or intentional misconduct of an Indemnified Party or any of its directors, officers, employees or agents.

If an Indemnified Party determines that it is entitled to defense and indemnification under this Section, such Indemnified Party shall promptly notify the Indemnifying Party in writing of the Indemnity Claim and provide all reasonably necessary or useful information, and authority to settle and/or defend Indemnity Claim. Defense and indemnification provided by the Indemnifying Party under this Section shall be provided with legal counsel reasonably agreed to by the Identified Party.

No settlement that would impose costs or expense upon the Indemnified Party shall be made without such Party’s written consent.

B. Insurance.

1) Provider Insurance. At all times during the term of the PPA, and any necessary extension thereof for removal of the System from the Site, Provider and all subcontractors, shall obtain, maintain and keep in full force and effect the following insurance for coverage of all obligations and associated activities under this Agreement, including but not limited to the use and occupancy of the Site, the business operated by the City thereon, and the construction, installation, operation, maintenance and repair of the System, in the amounts, and with the conditions required, as set forth herein, provided that the limits set forth herein may be satisfied through a combination of primary and excess policies. Each policy required in (b)(c)(d) below shall include an additional insured endorsement in favor of City with an additional insured endorsement for both ongoing and completed operations as it pertains to (b) and shall include an endorsement specifying that such coverage is primary and non-contributory as to any other coverage available to the additional insured. Provider shall, within thirty (30) days of the Effective Date of this Agreement and annually thereafter or as requested by City, provide certificates of insurance and endorsements demonstrating compliance with the requirements of this Section.

a. Workers’ Compensation Insurance for Provider’s employees to the extent of statutory limits and Occupational Disease and Employer’s Liability Insurance for not less than $1,000,000 per occurrence.
b. Commercial General Liability Insurance with a $2,000,000 per occurrence and $5,000,000 aggregate limit of liability for Bodily Injury, Personal and Advertising Injury and Property Damage Liability, including coverage for Contractual Liability and Products and Completed Operations Liability. c. Automobile Liability Insurance with limits not less than: Bodily Injury coverage at $2,000,000 each accident, and Property Damage coverage at $2,000,000 each accident.
d. Excess Liability Insurance in an aggregate amount of not less than $5,000,000 providing greater limits of insurance to Provider’s Employer’s Liability, Commercial General Liability and Automobile Liability Insurance which also shall not be more restrictive than coverage provided by these policies.

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31 e. Builder’s Risk/Installation Floater Insurance in a sufficient amount to protect Provider’s property, materials, tools and other financial interests on the Project.
f. Professional Liability Insurance with limits not less than $1,000,000 per claim, with a two-year tail, solely to the extent and for such time as Provider or any Subcontractor is actively engaged in work with professional liability exposure.

2) City Insurance. City shall maintain and covenants that it shall maintain during the Term (i) insurance sufficient to insure it against loss or destruction of the Site, including losses occasioned by operation of the System, and (ii) general liability insurance including bodily injury, property damage, contractual and personal injury. Notwithstanding the foregoing, City reserves the right to self-insure.

3) Waiver of Subrogation. Provider shall cause each insurance policy obtained by them to include a waiver of subrogation or waiver of the transfer of rights of recovery against City by the insurer in connection with any damage covered by any policy of Provider. City reserves the right to request copies of any insurer endorsements that may be necessary to affect this waiver of subrogation.

4) Subcontractor Insurance. Provider shall require and verify that all of its subcontractors maintain insurance meeting all of the requirements stated herein.

18. Easement.

City hereby grants to Provider an easement for the sole purpose of access to, on, over, under and across the Site and containing all the rights necessary for Provider to use and occupy portions of the Site for the purposes of undertaking the work required by Provider under this Agreement, including: installing, constructing, inspecting, operating, owning, maintaining, accessing, repairing, removing and replacing the System , and including ingress and egress rights to the Site for Seller and its employees, contractors and subcontractors and access to electrical panels and conduits to interconnect or disconnect the System with the Site’s electrical wiring (the “Site Easement”). During the period of time between and including the date of the Notice to Proceed and the Commercial Operation Date, the Site Easement shall include, subject to the scheduling and activity needs of City, the reasonably necessary use of City’s Site for the reasonably necessary construction and installation activities under this Agreement, including, but not limited to, staging areas. City shall have no liability whatsoever in connection with property or equipment of Provider or Provider’s contractor(s), subcontractors or vendors, provided that the City and the City’s employees, affiliates, agents, subcontractors, lessees, licensees and invitees shall not interfere or handle any property (including but not limited to the System) or equipment of Provider or Provider’s contractor(s), subcontractors or vendors without written authorization from Provider.

The Site Easement term shall commence on the Effective Date and shall continue until the date that is one hundred eighty (180) days following the date of expiration or termination of this Agreement. The City hereby covenants that Provider shall have access to the Site and System during the Site Easement term. Provider shall notify City prior to entering the Site except in situations where there is imminent risk of damage to persons or property. City acknowledges and agrees that the Site Easement and other rights conferred by and the benefits and burdens arising Packet Page 479 of 634Attachment 2 Page 34 of 160

32 under this Section 18 of this Agreement are intended to, and do hereby, constitute covenants that run with the land and shall inure to the benefit of and be binding upon City and its successors and assigns during the duration of the Site Easement term. City agrees to cooperate with Provider in executing any documents reasonably requested by Provider to protect Provider’s rights in or use of the Site, including recording such documents in the public records.

19. Assignment; Cooperation with Financing.

A. Assignment by Provider. Except as expressly provided in this Agreement, Provider may not sell, transfer, or assign its rights under this Agreement or any right, interest, or obligation therein (collectively, an “Assignment”), until at least twenty four (24) months have expired following the Commercial Operation Date, and only upon the prior written consent of City, which consent may not be unreasonably withheld, conditioned or delayed, provided that any assignee possesses all required skills, knowledge, expertise, experience, and financial capacity and creditworthiness necessary to perform Provider’s obligations under this Agreement, and assumes in writing the obligations of Provider under this Agreement. Provider shall provide City with no less than sixty (60) Days’ notice of the request to transfer ownership of the Project. Notice shall identify the party purchasing the Project and provide sufficient detail of the proposed owner for City to evaluate the new owner. Notice shall include, but not be limited to, the following details of the proposed owner: Experience with PPAs and current portfolio; Past two years of financials; Proof of insurance, meeting City requirements and naming City; Confirmation of operations and maintenance provider and outline of operations and maintenance program if different from existing; Details and example of annual report and invoicing; and Confirmation that all terms under this Agreement and any related documents and agreements will be performed. Notwithstanding the foregoing, Provider may, without the prior written consent of City, (i) assign, mortgage, pledge or otherwise collaterally assign its interests in this Agreement to any Secured Party in connection with any financing for the ownership, acquisition, construction, operation or use of the System as set forth in subsection B, or (ii) assign its rights, interests and obligations in this Agreement to an affiliate of Provider which is controlled by Provider or under common control with Provider. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees.

B. Collateral Assignment by Provider for Financing Purposes.

a. In the event Provider assigns its rights under this Agreement as security in connection with any financing transaction entered into by Provider, Provider may mortgage or grant a first priority perfected security interest in this Agreement and the System, and may collaterally assign this Agreement and the System to any mortgagees or holders of security interests, including their successors or assigns (hereinafter collectively referred to as “Secured Parties”), provided that any such collateral assignment of this Agreement by Provider shall not release Provider from its obligations or liabilities under this Agreement. City agrees to not unreasonably withhold, condition or delay its compliance with any reasonable request that City execute any consent, estoppel agreement or other documents related to such financing transaction as may reasonably be required by such Secured Parties, provided that Provider will reimburse City for the reasonably and documented legal fees and costs incurred by such assignment.

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33 C. Assignment by City. Except as otherwise provided in this Agreement, City may assign its rights under this Agreement only upon the prior written consent of Provider, which consent may not be unreasonably withheld, conditioned or delayed; provided that any such assignee (i) is of equal or greater creditworthiness than City and (ii) assumes in writing the obligations of City under this Agreement. Notwithstanding the foregoing, City may assign its rights under this Agreement without Provider’s consent to any Person succeeding to all or substantially all of the assets of City of equal or greater creditworthiness than City, and provided, further, that any such transferee or assignee assumes in writing the obligations of City under this Agreement.

20. Confidentiality; Publicity.

A. Confidential Information. Any financial, statistical, personal, technical and other data and information relating to a Party’s operations which are made available to the other Party in order to carry out this Agreement shall be reasonably protected by such other Party from unauthorized use, except to the extent that disclosure thereof is required to comply with applicable law, including but not limited to the California Public Records Act and the Brown Act. The disclosing Party shall identify all confidential data and information at the time it is provided in writing, including by conspicuously marking each such document as “Confidential.” Confidentiality does not apply to information, which is known to a receiving Party from other sources, which is otherwise publicly available, or which is required to be disclosed pursuant to an order or requirements of a regulatory body or a court.

1) Confidential Information shall comprise that which Provider identifies as confidential in accordance Applicable Law, including the California Public Records Act, California Government Code § 7920 et seq (“CPRA”), such as, for example only, trade secrets.
2) The Parties agree and acknowledge that this Agreement, and each document incorporated herein, is a public record subject to public disclosure, and shall be publicly disclosed in conjunction with any actions by City’s Governing Board related to approval or ratification hereof, including, without limitation, consideration during a public hearing as required under Government Code section 4217.12.
3) City shall not be liable to Provider for any disclosure made it its reasonable determination and in good faith compliance with applicable provisions of the CPRA, and Provider will be solely responsible for and shall solely bear all costs and expenses related to or arising from litigation costs if Provider chooses to pursue enforcement of its rights under the CPRA, and shall reimburse City for all reasonable costs and expenses related to or arising from litigation related to this Article 20 in which City is reasonably compelled to engage B. Disclosure. Other than under the REC Reporting Rights and except as may be required by applicable law, including but not limited to, the California Public Records Act, the Brown Act, or as otherwise identified above, neither Party shall make any disclosure of any Packet Page 481 of 634Attachment 2 Page 36 of 160

34 designated confidential information related to this Agreement without the specific prior written approval from the other of the content to be disclosed and the form in which it is disclosed, except for such disclosures to the Parties’ financing sources, creditors, beneficiaries, partners, members, officers, employees, agents, consultants, attorneys, accountants and exchange facilitators as may be necessary to permit each Party to perform its obligations hereunder and as required to comply with applicable laws or rules of any exchange upon which a Party’s shares may be traded.

Notwithstanding the foregoing, nothing contained herein shall be deemed to restrict or prohibit City from complying with applicable law regarding disclosure of information, including but not limited to the California Public Records Act and the Brown Act.

C. Publicity. The Parties share a common desire to generate favorable publicity regarding the System and their association with it. The Parties agree that they may, from time to time, issue press releases regarding the System and that they shall reasonably cooperate with each other in connection with the issuance of such releases. Each Party agrees that it shall not issue any press release regarding the System without the prior written approval from the other of the content to be disclosed and the form in which it is disclosed, and each Party agrees not to unduly withhold, condition or delay any such approval. In addition, the Parties hereby agree that (i) the City may publicize that it is serving as a “solar host” for the System; (ii) Provider may publicize that it is serving as the developer, owner and/or operator of the System; and (iii) City, and Provider may display photographs of the System and disclose the nameplate capacity rating of the as-built System in its advertising and promotional materials, provided that any such materials identify the City as the solar host, and Provider as the owner, operator and developer, of the System and all information shall be consistent with this Agreement. Without limitation of the foregoing, Provider agrees to share with City, in digital format, any photographs and other schematics taken by Provider of the Site and the System, and further agrees that City may use such photographs and other schematics for the purpose of marketing and promoting their operations.

Nothing herein shall limit in any way, to any extent the right of individual persons, including, without limitation, members of City’s Governing Board, from exercising their right to free speech in relation to this Agreement and any subject matter hereof, within the constraints of Applicable Law. Nothing herein shall compel either Party to make statements beyond its sole, reasonable, good faith discretion.

21. Legal Effect and Status of Agreement.

A. City Not Operator. Neither City nor any Party related to City shall have the right or be deemed to operate the System for purposes of Section 7701(e)(4)(A)(i) of the Internal Revenue Code.

B. Burdens/Benefits of System Ownership. Notwithstanding any provision to the contrary under this Agreement, neither City nor any Party related to City shall (i) bear or be deemed to bear any significant financial burden if there is nonperformance by Provider under this Agreement, as the phrase “any significant financial burden if there is nonperformance” is used in Section 7701(e)(4)(A)(ii) of the Internal Revenue Code; or (ii) be deemed to receive any significant financial benefit if the operating costs of the System are less than the standard of performance and/or operation set forth in this Agreement, as the phrase “significant financial benefit if the Packet Page 482 of 634Attachment 2 Page 37 of 160

35 operating costs of such facility are less than the standards of performance or operation” is used in Section 7701(e)(4)(A)(iii) of the Internal Revenue Code.

C.No Capital Lease; Forward Contract. The Parties acknowledge and agree that for accounting or tax purposes, this Agreement is not and shall not be construed as a capital lease and, pursuant to Section 7701(e)(3) of the Internal Revenue Code, this Agreement is and shall be treated by each Party as a service contract for the sale to City of electric energy produced at an alternative energy System. Each of the Parties agrees that it will not dispute that (i) the transaction contemplated by this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code and (ii) each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.

22.Miscellaneous.

A.Amendments. This Agreement may be amended only in a writing signed by both Provider and City or their respective successors in interest.

B.Notices. Any notice required or permitted to be given in writing under this Agreement shall be mailed by certified mail, postage prepaid, return receipt requested, or sent by overnight courier service, or personally delivered to a representative of the receiving Party, or sent by facsimile or email (provided an identical notice is also sent simultaneously by mail, overnight courier, or personal delivery as otherwise provided in this Section). All such communications shall be mailed, sent or delivered, addressed to the Party for whom it is intended, at its address set forth below. A Party may change its address by providing written notice to the other Party in accordance with this Section.

If to City:

City of Fairfield
Attention: Public Works/Utilities
1000 Webster Street 3rd Floor 505 5th Ave, 14th Floor
Fairfield, CA, 94533
Phone: 707-428-7485
If to Provider:

Onyx Development Group LLC
Attention: Legal
New York, NY 10017
Email: [email protected]
Facsimile: 707-428-7607
Email: [email protected]
C. Non-Waiver. The failure, delay or forbearance by either Party to exercise any of its rights or remedies under this Agreement or to provide written notice of any default to a defaulting Party, will not constitute a waiver of such rights or remedies. No Party will be deemed to have waived any right or remedy unless it has made such waiver specifically in writing. The waiver by either Party of any default or breach of any term, condition or provision herein contained Packet Page 483 of 634Attachment 2 Page 38 of 160

36 shall not be deemed to be a waiver of any subsequent breach of the same term, condition or provision, or any other term, condition or provision contained herein.

D. No Set-Off. Except as otherwise set forth herein, each Party hereby waives all rights to set-offs of amounts due hereunder. The Parties agree that all amounts due hereunder are independent obligations and shall be made without set-off for other amounts due or owed hereunder.

E. Intellectual Property. Nothing in this Agreement shall be construed to convey to City a license or other right to trademarks, copyrights, technology or other intellectual property of Provider.

F. Severability. Should any provision of this Agreement for any reason be declared invalid or unenforceable by final and non-appealable order of any court or regulatory body having jurisdiction, such decision shall not affect the validity of the remaining portions, and the remaining portions shall remain in full force and effect as if this Agreement had been executed without the invalid portion.

G. Survival. Any provision of this Agreement that expressly or by implication comes into or remains in full force following the termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.

H. Headings. The headings in this Agreement are solely for convenience and ease of reference and shall have no effect in interpreting the meaning of any provision of this Agreement.

I. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of California (without regard to its conflict of laws principles). The venue for any dispute arising out of or relating to this Agreement shall be in the California County in which the System is located.

J. Binding Effect. This Agreement and its rights, privileges, duties and obligations shall inure to the benefit of and be binding upon each of the Parties hereto, together with their respective successors and permitted assigns.

K. No Partnership. This Agreement is not intended, and shall not be construed, to create any association, joint venture, agency relationship or partnership between the Parties or to impose any such obligation or liability upon either Party. Neither Party shall have any right, power or authority to enter into any agreement or undertaking for, or act as or be an agent or representative of, or otherwise bind, the other Party.

L. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the Parties hereto and no right or cause of action shall accrue by reason hereof for the benefit of any third party not a party hereto, other than the Indemnitees and any Secured Parties.

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37 M. Counterparts. This Agreement may be executed in counterparts, which shall together constitute one and the same agreement. Electronic, facsimile or copies of signature pages shall have the same force and effect as originals.

N. Further Assurances. Upon the receipt of a written request from a Party, each Party shall execute or cause to be executed such additional documents, instruments, estoppels and assurances, and take such additional actions, as are reasonably necessary and desirable to carry out the terms and intent hereof, including but not limited to an Interconnection Agreement. Neither Party shall unreasonably withhold, condition or delay its compliance with any reasonable request made pursuant to this Section.

O. Entire Agreement. This instrument and the documents referenced herein represent the full and complete agreement between the Parties hereto with respect to the subject matter contained herein and supersedes all prior written or oral agreements between said Parties with respect to said subject matter.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the Effective Date.

City:

City of Fairfield, California

By: ________________________

Name:

Title:

PROVIDER:

Onyx Development Group LLC [PROVIDER NAME]

By: ________________________ By: ________________________

Name: Name:

Title: Title:

Patricia L. Rollin
Authorized Signatory
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38 Schedule 1 – System and Premises Description

A. Premises
Physical Address:

Parcel Number:

Waterman Treatment Plant
2900 Vista Grande Circle, Fairfield, CA 95434
Site diagram attached as Attachment A: ☒ Yes ☐ No
Name of Mortgagee (lender): Not Applicable
Gross acreage of Premises:

Acreage to be used for System:

Refer to Site diagram
B. Description of Solar System
Type: Fixed-Tilt Ground Mount Solar PV System
paired with a Battery Energy Storage System
(BESS)
Solar System Size: 1,785 kW (DC) (this is an estimate (and not a guarantee) of the System size; Seller may update
the System Size prior to the Commercial
Operation Date.)
Module: The installation consists of (3000) QCells,
595W Photovoltaic Modules
Inverter: Chint SCH275KLT-DO/US-800-36 250W AC
output, UL1741 listed,
grid tied inverters
Mounting System: Fixed-Tilt Terrasmart Racking

The above System Description is based on known conditions as of the Effective Date. The final System Description may vary from the initial description set forth above and, following final completion of the System, the above details may be updated to reflect the System Description of the as-built System

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39 Annex A – Site Diagram

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40 Exhibit A – Definitions

1. “Annual Production Estimate” shall mean, for the Solar Facility, the estimated energy production for a Contract Year as set forth in Exhibit B.

2. “Applicable Law” shall mean, with respect to any person, any law, statute, rule, regulation, ordinance, treaty, order, decree, judgment, decision, holding, injunction, registration, license, guideline, Governmental Approval, consent or requirement of any Governmental Authority having jurisdiction over such person or its property, as any of the foregoing may be amended from time-to-time, and any corresponding provisions of any successor to the foregoing, together any rules or regulations promulgated under such successor.

3. “Assignment” shall have the meaning as defined in Section 19(A).

4. “Authorities Having Jurisdiction” shall mean the governmental organization, office or individual responsible for approving equipment, an installation or a procedure.

5. “Battery Energy Storage System” (or “Battery Systems”) shall mean an energy storage system with the minimum nameplate power and energy capacity as shown in Exhibit F.

6. “Battery Systems Energy Shortfall Amount” shall mean an amount equal to the product of: (i) the Battery Systems Guarantee Rate, multiplied by (ii) the number of hours that one hundred percent (100%) of the nameplate power capacity of the Battery Systems was not available during the Measurement Period.

7. “Battery Systems Output” shall mean the total quantity of all actual electrical energy discharged by the Battery Systems as measured in kWhac by a Meter installed in close proximity to the Delivery Point. Output does not include the Green Attributes, Environmental Financial Incentives, RECs or REC Reporting Rights.

8. “Battery Systems Services” shall mean generating electricity bill cost savings for City through storage and discharge of electrical energy on and from the Battery Systems in accordance with Section 11(B).

9. “Battery Systems Guarantee Rate” means as defined in Exhibit C.

10. “City Conditions Precedent” shall have that meaning as set forth in Section 6(A) of the Agreement.

11. “City Permits” shall have that meaning as set forth in Section 5(C) of the Agreement.

12. “Conditions Precedent Deadline” shall have that meaning as set forth in Section 6(C) of the Agreement.

13. “Contract Year” shall mean a period of twelve (12) consecutive months (except in the case of the first Contract Year which may be longer) with the first Contract Year commencing on the Packet Page 488 of 634Attachment 2 Page 43 of 160

41 Commercial Operation Date and each subsequent Contract Year commencing on the anniversary of the first day of the first month following the Commercial Operation Date.

14. “Commercial Operation” shall mean that (i) the Project is operating and able to produce and deliver Energy to City pursuant to the terms of this Agreement; (ii) Provider has received all local, state and federal Permits and other approvals as may be required by Law for the construction, operation and maintenance of the Project, including approvals, if any, required under the California Environmental Quality Act for the Project and related interconnection facilities.

15. “Commercial Operation Date” shall mean the date on which Provider achieves Commercial Operation for the Project.

16. “Commercial Operation Deadline” shall have that meaning as set forth in Section 6(D) of this Agreement.

17. “Days” shall mean calendar days, unless otherwise specified.

18. “Delay Liquidated Damages” shall mean the daily rate payable by the Provider to City for unexcused delays past the Commercial Operation Deadline or if submission of final electrical clearance has not occurred on or before April 14, 2026, in each case as outlined in Section 6(E).

19. “Delivery Point” shall mean the Energy delivery point within Site’s electrical system on City’s side of the Site’s Distribution Utility meter, as designated by the physical interface of the System with the Site’s electrical system.

20. “Distribution Utility” shall mean the investor owned, public, or private utility or electric utility having jurisdiction over the interconnection of the Systems.

21. “Distribution Utility Upgrades” shall mean that scope of work and associated costs that the Distribution Utility requires on the Distribution Utility side of the Distribution Utility meter in order for the System to interconnect to the Distribution Utility system.

22. “Energy” shall mean electrical energy measured in kWhac.

23. “Energy Shortfall Amount” shall mean an amount equal to the product of: (i) the Output Guarantee Rate, multiplied by (ii) the difference between the delivered Output for such Measurement Period and the Output Guarantee for such Measurement Period.

24. “Environmental Financial Incentives” shall mean each of the following financial rebates and incentives that is in effect as of the Effective Date: (i) investment tax credits associated with the development, construction, ownership or operation of the System, accelerated depreciation, and other financial incentives in the form of credits, reductions or allowances associated with the System that may be applied to reduce any state or federal income taxation obligation, and (ii) the right to claim federal income tax credits under Sections 26 or 48 of the Internal Revenue Packet Page 489 of 634Attachment 2 Page 44 of 160

42 Code or any state tax law or income tax deductions with respect to the System under the Internal Revenue Code or any state tax law. Environmental Financial Incentives do not include Green Attributes.

25. “Expiration Date” shall mean the last day of the month that follows the twenty-fifth (25th) annual anniversary of the Commercial Operation Date.

26. “Force Majeure” shall mean any event or circumstances beyond the reasonable control of and without the fault or negligence of the Party claiming Force Majeure, which cannot reasonably be avoided, mitigated or cured through the reasonable and diligent efforts of the Party claiming Force Majeure. It shall include, without limitation, interruption or delay of the construction of the System or failure or interruption of the production, delivery or acceptance of electricity due to: (i) natural phenomena, such as storms, hurricanes, floods, lightning, volcanic eruptions and earthquakes; (ii) explosions or fires arising from lightning or other causes unrelated to the acts or omissions of the Party seeking to be excused from performance; (iii) acts of war or public disorders, civil disturbances or riots, insurrection, sabotage, epidemic, terrorist acts, or rebellion; (iv) action by a Governmental Authority resulting in a moratorium on the activities related to this Agreement; and (v) the inability of one of the Parties, despite its reasonable efforts, to obtain, in a timely manner, any Permit necessary to enable the affected Party to fulfill its obligations in accordance with this Agreement, provided that the delay or non- obtaining of such Permit is not attributable to the Party in question and that such Party has exercised due diligence to obtain such Permit. Force Majeure will not be based on (i) City’s inability to use Energy purchased hereunder, (ii) Provider’s ability to sell Energy at a price greater than the price of Energy under this Agreement, or (iii) City’s voluntary or involuntary shutting down or closing of the facilities located at the Property. Economic hardship of either Party shall not constitute Force Majeure.

27. “Governmental Authority” shall mean the government of the United States of America, any other nation or any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government (including any supra-national body exercising such powers or functions, such as the European Union or the European Central Bank).

28. “Governmental Approvals” shall mean any notices to, reports or other filings to be made with, or any consents, registrations, permits or authorizations to be obtained from, any Governmental Authority.

29. “Green Attributes” shall mean any and all credits, benefits, emissions reductions, offsets and allowances, howsoever entitled, attributable to the generation of Output from the System, and its displacement of conventional energy generation, that is in effect as of the Effective Date or may come into effect in the future. Green Attributes include but are not limited to Renewable Energy Certificates, as well as: (i) any avoided emissions of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (ii) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases Packet Page 490 of 634Attachment 2 Page 45 of 160

43 (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere; and (iii) the reporting rights to these avoided emissions, such as REC Reporting Rights. Green Attributes do not include (i) any energy, capacity, reliability or other power attributes from the System, (ii) Environmental Financial Incentives, (iii) fuel-related subsidies or “tipping fees” that may be paid to Provider to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits or (iv) emission reduction credits encumbered or used by the System for compliance with local, state or federal operating and/or air quality Permits.

30. “Hazardous Materials” means any hazardous or toxic material, substance or waste, including petroleum, petroleum hydrocarbons or petroleum products, petroleum by-products, radioactive materials, asbestos or asbestos-containing materials, gasoline, diesel fuel, pesticides, radon, urea formaldehyde, mold, lead or lead-containing materials, polychlorinated biphenyls; and any other chemicals, materials, substances or wastes in any amount or concentration which are regulated under or for which liability can be imposed under any Applicable Law.

31. “Insolation” shall mean the amount of solar energy measured in watts per square meter (W/m2) falling on a particular location during a specific time, as published by the National Renewable Energy Laboratory.

32. “Interconnection Agreement” shall mean an agreement entered into by and between City and the Distribution Utility which agreement shall provide for (i) each System to be interconnected with the Distribution Utility’s electricity distribution system, (ii) for energy to flow from each System to such system and (iii) for energy to flow from such system to the Site, as applicable, under the provisions of all applicable Distribution Utility’s tariffs.

33. “Internal Revenue Code” shall mean the Internal Revenue Code of 1986, as amended.

34. “kWac” shall mean kilowatt alternating current.

35. “kWdc” shall mean kilowatt direct current.

36. “kWhac” shall mean kilowatt-hour alternating current.

37. “Notice to Proceed” shall mean as defined in Section 6(C).

38. “Outage” shall mean as defined in Section 4(F).

39. “Output” or “Solar Facility Output” shall mean the total quantity of all actual electrical power generated by the Solar Facilities as measured by a Meter in close proximity to the Delivery Point measured in kWhac. Output does not include the Green Attributes, Environmental Financial Incentives, RECs or REC Reporting Rights.

40. “Output Guarantee Rate” shall mean as defined in Exhibit B.

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44 41. “Parallel Energy Services” shall mean to remain interconnected to and receive grid services.

42. “Permits” shall mean all government permits and approvals, regulatory or otherwise required for the construction, installation, completion and operation of the System.

43. “Person” shall mean any individual, corporation, partnership, joint venture, association, joint stock company, trust, trustee, estate, limited liability company, unincorporated organization, real estate investment trust, government or any agency or political subdivision thereof, or any other form of entity.

44. “Power Price” shall mean the per kWhac rate(s) as set forth on Exhibit B

45. “Project” shall have that meaning as set forth in the Recitals of this Agreement.

46. “Provider Conditions Precedent” shall have that meaning as set forth in Section 6(B) of the Agreement.

47. “Provider Permits” shall have that meaning as set forth in Section 5(C) of the Agreement.

48. “RECs” or “Renewable Energy Certificates” shall mean renewable energy certificates related to and representing Green Attributes (also known as green tags, renewable energy credits, or tradable renewable certificates), which are tradable environmental commodities in the United States and represent 1 megawatt-hour (MWh) of electricity generated from an eligible renewable energy resource. These certificates can be sold and traded and the owner of the REC can claim to have purchased renewable energy.

49. “REC Reporting Rights” shall mean the right of a REC purchaser to report the ownership of accumulated RECs in compliance with federal or state law, if applicable, and to a federal or state agency or any other Party at the REC purchaser’s discretion, and include without limitation those REC Reporting Rights accruing under Section 1605(b) of the Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program.

50. “Supervisory Control and Data Acquisition” or “SCADA” shall mean the system that monitors, communicates with, and controls devices throughout the System.

51. “Site” shall mean the portion of City’s real property on which a System is to be located pursuant to this Agreement, as described in Schedule 1 attached hereto.

52. “Solar Facility” means each solar photovoltaic generation plant, together with all necessary inverters, ancillary equipment with a target installation size expressed in kWdc and kWac as shown in Exhibit F to be installed at the Site and as described in Schedule 1 attached hereto.

53. “Termination Value” shall equal the amount shown in Exhibit D for each Contract Year.

Packet Page 492 of 634Attachment 2 Page 47 of 160

45 Packet Page 493 of 634Attachment 2 Page 48 of 160

46 Exhibit B – Power Price and Output Guarantee Rate
1) 10% ITC Adder Scenario
Contract
Period,
Months
Contract
Year Power Price
Annual
Production
Estimate
(kWh)
Output Guarantee
Rate
1-12 1 $0.121 /kWh Grace period
13-24 2 $0.121 /kWh 3,050,675 $0.027 /kWh
25-36 3 $0.121 /kWh 3,035,422 $0.027 /kWh
37-48 4 $0.121 /kWh 3,020,245 $0.027 /kWh
49-60 5 $0.121 /kWh 3,005,144 $0.027 /kWh
61-72 6 $0.121 /kWh 2,990,118 $0.027 /kWh
73-84 7 $0.121 /kWh 2,975,167 $0.027 /kWh
85-96 8 $0.121 /kWh 2,960,291 $0.027 /kWh
97-108 9 $0.121 /kWh 2,945,490 $0.027 /kWh
109-120 10 $0.121 /kWh 2,930,762 $0.027 /kWh
121-132 11 $0.121 /kWh 2,916,109 $0.027 /kWh
133-144 12 $0.121 /kWh 2,901,528 $0.027 /kWh
145-156 13 $0.121 /kWh 2,887,020 $0.027 /kWh
157-168 14 $0.121 /kWh 2,872,585 $0.027 /kWh
169-180 15 $0.121 /kWh 2,858,222 $0.027 /kWh
181-192 16 $0.121 /kWh 2,843,931 $0.027 /kWh
193-204 17 $0.121 /kWh 2,829,712 $0.027 /kWh
205-216 18 $0.121 /kWh 2,815,563 $0.027 /kWh
217-228 19 $0.121 /kWh 2,801,485 $0.027 /kWh
229-240 20 $0.121 /kWh 2,787,478 $0.027 /kWh
241-252 21 $0.121 /kWh 2,773,540 $0.027 /kWh
253-264 22 $0.121 /kWh 2,759,673 $0.027 /kWh
265-276 23 $0.121 /kWh 2,745,874 $0.027 /kWh
277-288 24 $0.121 /kWh 2,732,145 $0.027 /kWh
289-300 25 $0.121 /kWh 2,718,484 $0.027 /kWh

2) Standard 30% ITC Scenario
Contract
Period,
Months
Contract
Year Power Price
Annual
Production
Estimate
(kWh)
Output Guarantee
Rate
1-12 1 $0.1416 /kWh Grace period
13-24 2 $0.1416 /kWh 3,050,675 $0.027 /kWh
25-36 3 $0.1416 /kWh 3,035,422 $0.027 /kWh
37-48 4 $0.1416 /kWh 3,020,245 $0.027 /kWh
49-60 5 $0.1416 /kWh 3,005,144 $0.027 /kWh
Packet Page 494 of 634Attachment 2 Page 49 of 160

47 61-72 6 $0.1416 /kWh 2,990,118 $0.027 /kWh
73-84 7 $0.1416 /kWh 2,975,167 $0.027 /kWh
85-96 8 $0.1416 /kWh 2,960,291 $0.027 /kWh
97-108 9 $0.1416 /kWh 2,945,490 $0.027 /kWh
109-120 10 $0.1416 /kWh 2,930,762 $0.027 /kWh
121-132 11 $0.1416 /kWh 2,916,109 $0.027 /kWh
133-144 12 $0.1416 /kWh 2,901,528 $0.027 /kWh
145-156 13 $0.1416 /kWh 2,887,020 $0.027 /kWh
157-168 14 $0.1416 /kWh 2,872,585 $0.027 /kWh
169-180 15 $0.1416 /kWh 2,858,222 $0.027 /kWh
181-192 16 $0.1416 /kWh 2,843,931 $0.027 /kWh
193-204 17 $0.1416 /kWh 2,829,712 $0.027 /kWh
205-216 18 $0.1416 /kWh 2,815,563 $0.027 /kWh
217-228 19 $0.1416 /kWh 2,801,485 $0.027 /kWh
229-240 20 $0.1416 /kWh 2,787,478 $0.027 /kWh
241-252 21 $0.1416 /kWh 2,773,540 $0.027 /kWh
253-264 22 $0.1416 /kWh 2,759,673 $0.027 /kWh
265-276 23 $0.1416 /kWh 2,745,874 $0.027 /kWh
277-288 24 $0.1416 /kWh 2,732,145 $0.027 /kWh
289-300 25 $0.1416 /kWh 2,718,484 $0.027 /kWh

The Power Price set forth in Exhibit B(1) and (2) includes consideration for reimbursement of Development Costs in the amount of $385,000.

The City shall, at the City’s sole cost and expense, install a new service transformer in connection with the Distribution Utility Upgrades as per the Supplemental Review of the Interconnection Agreement for the High Lift upgrade project (PM#35228024) with an estimated cost to be paid to the Distribution Utility of $213,528 (the “Transformer Cost”). The City shall reimburse Provider, at cost, for any amounts paid by Provider to the Distribution Utility for the Transformer Cost.

Provider assumed that the total cost to be paid to the Distribution Utility in connection with the Distribution Utility Upgrades would be $4,000. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades exceeds $4,000, then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.0005/kWh for each additional $10,000 increase in cost. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades is less than $4,000, City shall be entitled to a proportionate decrease of the Power Price in an amount of $0.0005/kWh per $10,000 decrease in cost. Provider shall work diligently with City to minimize the costs for Distribution Utility Upgrades at all points of the Project.

The Power Price set forth in this Exhibit B is based on certain assumptions set forth in Section 4(C) of the Agreement, and the Parties acknowledge that the Power Price may, if (and only if) the assumptions provided in Section 4(C) are inaccurate, require an adjustment. Provider Packet Page 495 of 634Attachment 2 Page 50 of 160

48 shall deliver to City reasonable evidence of any increases in cost incurred by Provider to re-design, construct, install or maintain the System as a result of such assumptions being inaccurate, provided that City and Provider acknowledge and agree that an executed change order delivered by Provider to a contractor or subcontractor shall constitute reasonable evidence of such cost increase. The Power Price shall be adjusted as follows:

1. If such cost increase is due to unforeseen conditions or groundwork at the Site (including but not limited to excavation/circumvention of underground obstacles), and such cost increases were not mitigated by the City, then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.0005/kWh for each additional $10,000 increase in cost.

2. If Hazardous Substances are discovered at the Site, and such cost increases were not mitigated by the City, then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.0005/kWh for each additional $10,000 increase in cost to Provider to re-design, construct, install or maintain the System.

3. If such cost increase is due to the failure by City to obtain the City Permits by September 30, 2024, assuming timely delivery of documents needed from the Provider to the City as agreed upon in the project schedule, then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.0005/kWh for each additional $10,000 increase in cost to Provider to redesign, construct, install or maintain the System.

4. If such cost increase is due to the inaccuracy of any information provided by City and relied upon by Provider, then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.0005/kWh for each additional $10,000 increase in cost to Provider to re-design, construct, install or maintain the System.

Packet Page 496 of 634Attachment 2 Page 51 of 160

49 Exhibit C – Battery Systems Guarantee Rate

Contract
Period,
Months
Contract
Year
Guaranteed
Cycles
Battery Systems Guarantee Rate
1-12 1 296 $53 /cycle
13-24 2 282 $53 / cycle
25-36 3 274 $53 / cycle
37-48 4 269 $53 / cycle
49-60 5 264 $53 / cycle
61-72 6 259 $53 / cycle
73-84 7 256 $53 / cycle
85-96 8 252 $53 / cycle
97-108 9 248 $53 / cycle
109-120 10 245 $53 / cycle

Packet Page 497 of 634Attachment 2 Page 52 of 160

50 Exhibit D – Termination Values

Contract Period,
Months Contract Year Termination Value
1-12 1 $10,986,736.61
13-24 2 $9,749,821.45
25-36 3 $8,293,035.51
37-48 4 $7,030,421.31
49-60 5 $5,881,460.65
61-72 6 $4,721,702.17
73-84 7 $4,457,828.16
85-96 8 $4,283,377.04
97-108 9 $4,102,748.09
109-120 10 $3,917,604.01
121-132 11 $3,726,796.12
133-144 12 $3,530,089.17
145-156 13 $3,326,298.28
157-168 14 $3,117,011.97
169-180 15 $2,901,061.60
181-192 16 $2,678,172.06
193-204 17 $2,447,135.70
205-216 18 $2,209,461.38
217-228 19 $1,963,953.59
229-240 20 $1,710,290.60
241-252 21 $1,447,234.60
253-264 22 $1,177,069.30
265-276 23 $897,737.65
277-288 24 $608,864.82
289-300 25 $309,175.61

Packet Page 498 of 634Attachment 2 Page 53 of 160

51 Exhibit E – Project Development Scope Responsibility

City of Fairfield Permits and Project
Development Scope
Provider Permits and Project Development
Scope
Building, zoning, electrical
CEQA Exemption
Title/Deed for Ownership
Geotech
SWPPP
Civil Engineering

Packet Page 499 of 634Attachment 2 Page 54 of 160

Exhibit F – General Conditions and Technical Specifications

[ATTACHED BEHIND THIS COVER PAGE]

Packet Page 500 of 634Attachment 2 Page 55 of 160

1 GENERAL CONDITIONS AND TECHNICAL SPECIFICATIONS

Table of Contents
GENERAL CONDITIONS AND TECHNICAL SPECIFICATIONS ................................................................... 1

1. PROJECT OVERVIEW ................................................................................................................................... 2

2. GENERAL REQUIREMENTS ........................................................................................................................ 2

3. ENGINEERING AND DESIGN REQUIREMENTS ....................................................................................... 9

4. EQUIPMENT ................................................................................................................................................. 18

5. COMMUNICATIONS AND MONITORING SYSTEMS ............................................................................. 23

6. CONSTRUCTION ......................................................................................................................................... 26

7. FINAL PROJECT CLOSEOUT ..................................................................................................................... 32

8. OPERATIONS AND MAINTENANCE ........................................................................................................ 34 ATTACHMENT A - PRELIMINARY ENGINEERING DESIGN PACKAGE ..................................................... 35 ATTACHMENT B - SITE ASSESSMENT TABLE ............................................................................................... 36 ATTACHMENT C - PROJECT SCHEDULE ......................................................................................................... 37 ATTACHMENT D - COMMISSIONING SCHEDULE ......................................................................................... 38 ATTACHMENT E – OPERATIONAL OBJECTIVES .......................................................................................... 39 ATTACHMENT F – MAJOR EQUIPMENT.......................................................................................................... 40

Packet Page 501 of 634Attachment 2 Page 56 of 160

2 1. PROJECT OVERVIEW

Installer shall be solely responsible for all work required to complete the Project including but not limited to: (a) project management including design, engineering, submittals, construction, interconnection, commissioning and Distribution Utility sign off; (b) procurement of all materials and equipment; (c) design and engineering including civil, structural, electrical, seismic and wind loading requirements and fire protection requirements; (d) permitting and environmental compliance with the current version of all applicable codes and standards; (e) Distribution Utility interconnection requirements compliance; (f) site preparations including but not limited to grubbing, clearing, grading, roads, dust control, drainage requirements, construction wastewater and storm water disposal, removing excess debris, all final site preparation, and all other requirements set forth in the Agreement; (g) meters, monitoring, and SCADA system and weather station; (h) production analysis and performance guarantee for the Systems; (i) conformance to manufacturers’ installation requirements and warranty terms; (j) acceptance testing, commissioning, interconnection signoff and Permission to Operate by the Distribution Utility; (k) construction closeout including punch list, as-built drawings and documents package, site cleanup, and cleaning of the Systems; (l) operation and maintenance, if required in the Agreement (m) site security requirements; (n) safety plans and measures per Site Host approval. In addition to these general responsibilities, Installer shall be responsible for all additional requirements as set forth in the Agreement and all exhibits and attachments, including but not limited to this General Conditions and Technical Specifications.

Installer shall also be responsible for providing Site Host with copies of relevant Operations and Maintenance manuals, testing reports, start-up procedures, warranties, guarantees, and commissioning reports corresponding to the work. Installer shall execute all of its obligations in a manner which reasonably minimizes interference and inconvenience to Site Host. Installer shall regularly report status of Installer’s execution of its obligations under the Agreement to Site Host.

2. GENERAL REQUIREMENTS
Project Management
Installer shall act as the general contractor and is responsible for overall safety on each Project Site.

Installer shall conduct all project management activities required to complete the Project, including coordination efforts with Site Host’s representative, the Distribution Utility, inspectors, permitting agencies, suppliers, subcontractors, Installer’s office, field Project staff and any other third parties that are involved in or impacted by the Project. The installation must be “turn-key,” requiring a minimum level of supervision and project management by the Site Host, including all materials, equipment and labor, completed and commissioned per the specifications and general conditions contained herein. All Distribution Utility related interconnection work, fees, and installations necessary to make the Systems operational will be the sole responsibility of the Installer in accordance with any requirements of the Distribution Utility.

Project Schedule

Installer will develop, with input from Site Host, a Project Schedule using Microsoft® Project or equivalent and submit the Project Schedule to Site Host. Site Host will establish a weekly construction meeting at which time the work of the previous week will be reviewed, and a three-week look-ahead schedule will be coordinated. The three-week look-ahead schedule shall be created in MS Excel® or equivalent and present the list of activities occurring at each Site on a daily basis.

Packet Page 502 of 634Attachment 2 Page 57 of 160

3 The work on the Project shall be completed on or before the Commercial Operation Deadline in accordance with the Project Schedule set forth below and as may be reasonably amended from time to time during the Agreement Term but in no case extending beyond the Commercial Operation Deadline.

The Project Schedule shall only be modified upon the written approval of Site Host. Any modified schedule approved by Site Host shall replace the existing Project Schedule set forth below.

Deadlines dictated by any and all incentive programs, including the Investment Tax Credit, must be accounted for in the Project Schedule.

The Project Schedule shall include, at a minimum, the following milestones and shall become a part of the Agreement upon approval of Site Host:

Milestone
50% drawings due to Site Host
90% drawings due to Site Host
100% drawings due to Site Host
Site Host review of 50% drawings
Site Host review of 90% drawings
Site Host review of 100% drawings
Permit Approval
Major Equipment Order Date
Site Preparation Start
Site Preparation Completion
Construction Start
Electrical & Mechanical Completion
Interconnection Sign-off
Testing & Commissioning Completion
Utility Meter and Rate Switch Submittal
Permission to Operate Date
Commercial Operation Date
Commercial Operation Deadline
Final Project Completion Date

The Project Schedule shall indicate the beginning and completion dates of all phases of construction and shall use the critical path method for the planning and scheduling of all work required. The schedule will separately identify those milestones or events that must be completed before other portions of the work can be accomplished. The Project Schedule shall incorporate float for inclement weather and resulting muddy site conditions due to rain and shall also include any potential acceleration paths. Scheduled float for non-working rain-related days and resulting muddy site conditions shall be based upon the latest and nearest available data from acceptable data issued from the National Weather Service.

A monthly project schedule update shall be provided to accurately indicate the actual progress of the work against the baseline Project Schedule for the prior month, and the remaining planned completion of the work.

The scheduling is necessary for Site Host’s adequate monitoring of the progress of the work. Site Host may disapprove such a schedule and require modification to it if, in the opinion of Site Host, adherence to the progress schedule will cause the work not to be completed in accordance with the Agreement.

Installer shall adhere to any such modifications required by Site Host. Between the monthly schedule Packet Page 503 of 634Attachment 2 Page 58 of 160

4 updates, it is the obligation of Installer to monitor the progress of the work against the current construction schedule activities, and to notify Site Host in writing of all changed activity start dates and finish dates.

Installer will exchange scheduling information with subcontractors and suppliers. Installer will order work, equipment and materials with sufficient lead time to avoid interruption of the work.

Installer shall also, if requested by Site Host, provide revised schedules within fifteen (15) days if, at any time, Site Host considers the Commercial Operation Deadline to be in jeopardy. The revised schedule shall be designed to show how Installer intends to accomplish the work to meet the original Commercial Operation Deadline. The form and method employed by Installer shall be the same as for the original progress schedule. Installer shall modify any portions of the schedule that become infeasible because of “activities behind schedule” or for any other valid reason. Installer will provide documents and justification for any schedule changes. An activity that cannot be completed by its original Commercial Operation Deadline shall be deemed to be behind schedule.

IF INSTALLER SUBMITS A REVISED SCHEDULE SHOWING AN EARLIER COMMERCIAL OPERATION DATE FOR THE PROJECT, SITE HOST’S ACCEPTANCE OF THIS REVISED

SCHEDULE SHALL NOT ENTITLE INSTALLER TO ANY ADDITIONAL COMPENSATION OR CLAIM DUE TO ANY SUCH REVISED SCHEDULE UNLESS OTHERWISE AGREED.

Site Host Project Objectives
Site Host requires that Installer perform each of the following in accordance with the Agreement:

A. Prepare and submit all relevant incentive and funding applications on a timely manner to provide the best opportunity for the Project Sites to receive incentives and funding.

B. Ensure that construction activities and Project installation and operation are performed safely, comply with all applicable laws, and do not result in any adverse effect on Site Host staff, surrounding persons and property, existing facilities, local power quality, local data systems or daily operations at any Project Site throughout the life cycle of the installation.

Manage construction and operation activities so that they minimally disrupt the calendar of operations at each Project Site.

C. Define a scope of work and create a schedule for the Project and manage the entire Project, including but not limited to contracts, design, engineering, permitting, approvals, procurement, pre-construction, Distribution Utility interconnection, installation, testing, and commissioning. Ensure work is completed when needed to meet Project deadlines.

D. Design and implement the Systems to obtain maximum projected net savings and cash flow over the term of the Agreement using proven technology that complies with the terms and conditions of the Agreement and complies with all relevant codes and regulations.

E. Design and implement the Systems as defined in the Site Assessment Table and conceptually defined in the Preliminary Engineering Design Package.

F. Design and implement the Systems to meet the Operational Objectives.

Packet Page 504 of 634Attachment 2 Page 59 of 160

5 G. Design and implement the Systems sized in compliance with the Distribution Utility’s applicable rate structure, energy consumption, and load profiles for each Project Site, and in compliance with all applicable Distribution Utility requirements. Ensure that all Systems are designed and installed mitigate the need for Distribution Utility upgrades and facilitate ensuring that such costs are minimized throughout the entire Project.

H. Ensure that the Project meets all financial and environmental incentive requirements and deadlines.

I. Ensure that all Project design and construction activities are coordinated with Site Host operations and/or construction activities and are in compliance with written work rules, safety requirements, and specifications provided by the Site Host at all times.

Communication Protocol
Throughout the entire Project timeline, the representative selected by Site Host will be Installer’s main source of contact regarding any and all Project related issues. At all times, Installer shall include Site Host’s representative in all communications with the Site Host.

Unless otherwise stated in the Agreement and subject to change by the Site Host, the Parties shall meet once every two weeks during the design phase of the Project and weekly during the construction phase of the Project to, among other things, review work performed to date and to be performed. Installer shall organize the meeting, prepare, and distribute meeting notes. Meeting minutes shall be based on a mutually agreed to meeting minutes template, and shall include a three-week look-ahead schedule, request for information log, change order log and submittals log with three week look-ahead priority list. Meeting minutes shall be updated during the meeting and distributed at the end of the meeting. Site Host shall have five business days after receipt of such minutes to object to them in writing and provide corrections in writing. A quorum of meeting attendees will be named at the first meeting but may be modified as necessary by the Site Host. The named quorum shall be in attendance at all Project meetings. A pre-construction meeting shall be held prior to any work being performed on the site with all required parties.

Sizing of the Systems
Installer is responsible for the sizing of the Systems to meet the Operational Objectives of the Project at each Site.

Incentives
Unless specifically stated otherwise in other Agreement, Installer shall prepare and submit to all applicable agencies, on behalf of Site Host, or assist Site Host in doing so directly, all applications, proof of progress submittals, and claim forms and documentation necessary for any environmental or financial incentives and rebates, provided that Site Host shall have the opportunity to review, comment on, and approve all such applications and documentation prior to submission by Installer. If the Site Host decides to prepare and submit such documents, Installer will coordinate and provide Site Host promptly upon Site Host’s written request all documents reasonably necessary for Site Host to do so.

Installer shall not charge any additional fee for its services. Unless stated otherwise in other Agreement, Site Host shall pay for all fees required to file the applications. All rebates or incentives available in connection with the Systems are owned by the Site Host.

Physical Site Investigation & Project Feasibility Assessment Packet Page 505 of 634Attachment 2 Page 60 of 160

6 Installer shall read and become knowledgeable with all documentation available concerning the Project and visit the Sites to assess its conditions and logistics, including but not limited to all Distribution Utility interconnection related requirements. Installer shall conduct feasibility and configuration assessments, environmental assessments, and all other inspections of the Sites to determine that the Sites can support the installation and interconnection of the Systems. Installer must visit the Sites to ascertain site conditions, accuracy of provided drawings and feasibility of design. Installer shall be soleresponsible to ensure that each Site’s soil conditions and terrains are favorable for the Project.

Although Site Host may provide historical information regarding the Sites, Site Host makes no representation as to the accuracy of the information about the Sites provided in the request for proposals package or otherwise, including data, drawings and reports developed by third parties. Except as otherwise provided in the Agreement with respect to information provided by Site Host, Installer shall rely solely on its own due diligence to discover and confirm existing conditions at the Sites. However, Installer shall not be liable for hidden or latent defects in the site conditions. Installer shall report any discovered and previously unknown site conditions of a substantial nature to Site Host within five (5) days of discovery.

Installer shall be solely responsible for ensuring the existing electrical distribution equipment at the Sits, including but not limited to the main service switchgear and Distribution Utility transformer, will support the interconnection of the Systems. Installer is responsible for all scope, costs and designs relating to upgrades to the existing electrical system required to accommodate the Systems installation and interconnection, and has included these upgrades in its scope, costs and design drawings.

Installer shall confirm that the Systems will be interconnected to the correct meter at each Site by validating the meter and service account identification numbers (“SAID”) with the Distribution Utility.

Installer is responsible for any upgrades to the existing structures and/or structural blocking required to accommodate the loads imposed and mechanical attachments required by the Systems and has included those changes in their scope, costs and design drawings.

Site Host operates under several environmental permits issued by various agencies. To the extent that Site Host has provided such a permit to Installer in advance of the Effective Date of the Agreement, and due to an action, inaction, or negligence by Installer, Site Host becomes subject to non-compliance penalties, the cost of such penalties shall be borne by Installer.

Installer shall identify if any third-party site assessments are required and be responsible for obtaining all required studies at their sole cost and expense. Installer shall assume any and all costs and risks associated with physical Site conditions, real estate constraints and environmental site assessment as mutually agreed between the parties. Reports which may be required to be obtained by Installer at Installer’s judgment (unless otherwise noted below) and at the Installer’s sole cost include, but are not limited to:

• Structural Report
• Geotechnical Report
• Title Reports and/or American Land Title Association (“ALTA”) Surveys • Boundary Surveys
• Topographic Surveys
• Underground Utility Survey
• Glint and Glare Study (where applicable)
• Arc Flash Study / Coordination Study
Packet Page 506 of 634Attachment 2 Page 61 of 160

7 • Site Electrical Service Assessments
• Environmental Studies

These reports must be obtained when requested by Site Host or any other Governmental Authority having jurisdiction.

Permitting, Codes, Regulatory Compliance
Installer shall obtain, oversee and adhere to all required permissions for Project construction and operation by obtaining approvals from all Governmental Authority having jurisdiction over the Project, including, but not limited to the Distribution Utility, incentive authorities, the California Energy Commission (“CEC”), fire safety, California Occupational Safety and Health Administration (“Cal OSHA”), right-of-way permits, easement agreements and other codes and best practices. Specifically, Installer shall obtain and submit all documents to achieve and maintain Permission to Operate with all required Governmental Authorities. In addition to stamped and approved plans, Installer shall provide Site Host with installation compliance confirmation letters from all authorities having jurisdiction within five (5) days of receipt.

In addition, for Sites on public schools, Installer shall be solely responsible for ensuring that the System is constructed in compliance with all applicable laws, regulations, and in accordance with the standards set by any governmental program providing funding for the System, including, but not limited to, where applicable all permits and approvals required by the Division of the State Architect (“DSA”) in any way related to the design, installation, construction and operation of the Systems, including but not limited to any exterior improvements and/or exterior upgrades the DSA may require of the Provider in order for the Systems to comply the Field Act (Education Code §§17280-17317) and American with Disabilities Act (“ADA”). Compliance with The California Environmental Quality Act (“CEQA”)
Installer agrees to coordinate its work with that of any CEQA consultant(s) retained by Site Host, to provide any reasonably available information such as current elevations and schematic drawings for use in CEQA compliance documents, and to incorporate any mitigation measures adopted by Site Host into the Project design.

Procurement
Installer shall procure all equipment and services required for Project design, construction, commissioning, system monitoring, warranties, operation and maintenance, as described in the Agreement and as shown in Site Host-approved final design engineering drawings, specifications and data sheets. Any proposed changes or substitutions must be presented to Site Host in standard submittal format with detailed explanations and instructions for review, comment and approval. Site Host approval of any of the submittals provided by Installer, including drawings, does not excuse Installer from their responsibility to meet all safety requirements, applicable codes and standards requirements, requirements of all Governmental Authorities and the requirements of the Agreement including this General Conditions and Technical Specifications.

Construction
Installer shall conduct all construction and construction management work for the Project, as well as schedule management per the requirements of the Agreement. Any proposed changes that represent a deviation from scope or schedule must immediately be brought to Site Host’s attention for review. All Packet Page 507 of 634Attachment 2 Page 62 of 160

8 work must be performed and supervised by skilled workers trained and experienced in the installation of the Systems in accordance with equipment manufacturers’ installation requirements. Installer shall effectively manage the schedule and coordinate construction activities around Site Host’s maintenance activities and other construction projects where applicable.

Commissioning
Installer shall conduct all activities required for proper testing and commissioning of the Systems and any related installations/systems. Commissioning will include testing of all systems to ensure proper operations per the design standards and testing parameters. Installer is required to verify that: (i) each of the Systems functions as expected within acceptable parameters and as designed at a nameplate capacity; (ii) meets expected production output; and (iii) meets expected performance requirements described within the Agreement. Installer shall manage all necessary final inspections with all Governmental Authorities having jurisdiction over the Project, the Distribution Utility, Site Host representatives, and any other required inspectors. Installer shall also be responsible for completing the Commissioning Schedule included as Attachment D and submitting it to Site Host for review and approval. Installer will notify Site Host no less than five (5) days prior to the commencement of any testing and/or inspections and Site Host and/or its representative will have the right to observe all such tests and/or inspections. As part of the commissioning activities, Installer must confirm that no negative impacts are experienced by existing facilities that connect or interface with the new installations and systems. Installer shall be solely responsible for resolving all issues that arise.

Distribution Utility Interconnection
Installer is responsible for coordinating and implementing all requirements related to the interconnection of the Systems with the Distribution Utility, which shall include Distribution Utility provided and installed facilities and Site facilities, at Installer’s sole cost and expense. Installer will coordinate with the Distribution Utility and Site Host to meet all milestones for the Project required by any Interconnection Agreement. Installer is responsible for compliance with all milestones, including payment milestones to the Distribution Utility for design and installation services provided by the Distribution Utility. Installer shall be responsible for obtaining written Permission to Operate for the Systems from the Distribution Utility and activate the system to begin operating in compliance with the Agreement. In addition, Installer shall be responsible for all on-going terms, obligations and costs described in the Interconnection Agreement, and any other necessary permit signoffs from any Governmental Authorities having jurisdiction over the Project, to operate the Systems in parallel with the Distribution Utility grid.

Installer shall also be responsible for coordinating the desired rates and tariff changes with the Distribution Utility for each of the Systems. Desired rates and tariffs for each Distribution Utility meter are defined in the Site Assessment Table. Installer will be responsible for ensuring that each of the Systems meets the requirements for inclusion in the desired rates and tariffs and will promptly inform Site Host if there is any discrepancy between such requirements and the specifications for each of the System set forth in the Agreement. Rate and tariff changes shall occur as soon as possible following Permission to Operate. Installer shall be responsible for ensuring that the rate and tariff change has taken place for each Distribution Utility meter and providing confirmation of the rate and tariff change to Site Host.

Criminal Background Check
Packet Page 508 of 634Attachment 2 Page 63 of 160

9 For any and all public school Project Sites, Installer shall comply with applicable provisions of the Agreement and laws, including Education Code sections 45125.1 and 45125.2, relating to criminal background checks for its employees.

3. ENGINEERING AND DESIGN REQUIREMENTS
Installer shall, at its own cost and expense, (i) design, prepare and cause to be sealed all drawings and Engineering Design Packages, perform engineering studies and estimates and attend meetings as may be required (or arrange for design and engineering pursuant to a subcontract executed in accordance with the Agreement), for the construction of the Project and interfaces required by the Distribution Utility including, without limitation, sizing of equipment, communication systems and components, preparing specifications and calculations for equipment and material to be included in the Project, completing the work in accordance with the Agreement, providing administration and other services and items required to complete and deliver to Site Host and Distribution Utility the design and Engineering Design Packages, calculations, studies, and drawings necessary to construct a fully integrated and operational Project, and (ii) provide services, attend meetings and prepare all necessary documents and permit applications required to obtain all Governmental Approvals, including, without limitation, coordinating with the Governmental Authorities, the Distribution Utility and other agencies regarding Governmental Approvals necessary for the completion of the Project, completing the permitting process beginning from the permit application through to final approval and receipt of all applicable permits, all in accordance with the Agreement and its exhibits, applicable law, Governmental Approvals, Site Host requirements, Distribution Utility requirements, Engineering Design Packages, industry standards, the actual condition of the Sites and all requirements to be sufficient, complete and adequate in all aspects to enable the Systems to meet all operational requirements and obligations as outlined in the Agreement matching the warranty period for each of the Systems.

Design Codes
The Project shall be designed and installed in accordance with the relevant edition enforced by the Governmental Authority having jurisdiction of all applicable codes, standards, and recommendations including but not limited to the following agencies:

• ACI – American Concrete Institute
• AISC – American Institute of Steel Construction
• ANSI – American National Standards Institute.
• ASCE – American Society of Civil Engineers
• ASME – American Society of Mechanical Engineers
• ASTM – American Society for Testing and Materials
• CAL OSHA – California Occupational Safety and Health Administration • CBC – California Building Code
• CEC – California Electrical Code
• CFC – California Fire Code
• CSI – California Solar Initiative
• Distribution Utility Manuals and Standards
• DSA – Division of the State Architect for public schools • ETL – Electrical Testing Laboratories
• IAEI – International Association of Electrical Inspectors • ICEA – Insulated Cable Engineer’s Association
• IEEE – Institute of Electrical and Electronic Engineers Packet Page 509 of 634Attachment 2 Page 64 of 160

10 • IPMVP – International Performance Measurements and Verification Protocol • NEC – National Electrical Code
• NEMA – National Electrical Manufacturers Association
• NESC – National Electrical Safety Code
• NETA – National Electrical Testing Association
• NFPA – National Fire Protection Association codes, including but not limited to o NFPA 101 – Life Safety Code
o NFPA 855 – Standard for the Installation of Stationary Energy Storage Systems • UL – Underwriters Laboratories
General Requirements

3.1.1 Licensing
(a) In all cases, engineers are to be properly licensed by the State of California. (b) Site Host requires a minimum of a Class B and Class C-10 license be held by Installer and/or their subcontractors.
(c) Electrical, geotechnical, civil, structural and other engineering designs and reports are to be stamped and signed by a licensed engineer.

3.1.2 Solar Photovoltaic (“PV”) Panel Orientation and Shading (a) Solar PV panels will have a minimum shade free window between the hours of 10:00AM and 4:00PM (local time) on the winter solstice. (b) Orientation of the solar PV panels shall be optimized for maximum financial benefit, but in all cases with an azimuth between 180 and 270 degrees unless otherwise explicitly approved by Site Host in writing.
(c) Installer shall provide a PVSyst report in PDF and excel 8760 format at every stage of the design that shows that the Solar Facility design and installation will meet the Annual Production Estimate.

3.1.3 Site and General System Requirements
(a) Inverters and batteries shall not be placed in locations subject to exposure to direct sunlight between the hours of 10:00AM and 4:00PM. Where inverters must be placed in locations that would be subject to direct exposure to sunlight during this window of time, they shall be provided with shade coverings or otherwise protected from continuous exposure to the sun.
(b) Where applicable, the Project shall require a study, recommendations and stamp and sign off from a licensed structural engineer and a licensed geotechnical engineer. (c) Sufficient access pathways and space shall be provided to and around all existing rooftop equipment to allow for ongoing maintenance of the equipment. (d) All roof penetration flashing and sealing methods are to be determined, designed and implemented in accordance with the requirements of Site’s roofing Installer and/or roofing consultant. All Site roof warranties shall be preserved. (e) Where the solar PV panels are part of a ground mounted installation, Installer shall clear and grade the site substantially in accordance with the site grading plans. All vegetation inside the array boundaries shall be permanently removed. (f) The low-end clearance of ground mounted solar PV panels shall be a minimum of two feet (2’) above grade.
(g) Ground mounted solar PV panels shall include sufficient drive aisles to maintain the equipment and perform washing, including access for vehicles and cranes as needed to remove and replace equipment.

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11 (h) All roads shall be designed and installed for all weather access. (i) Installer shall address all Americans with Disabilities Act (“ADA”) requirements when installing Solar Facility as part of shade structures. Installer shall be responsible for all costs associated with any ADA upgrades required.
(j) Equipment pads shall be protected by bollards. Bollards shall be permanent unless removable bollards are required to facilitate access to equipment. (k) Installer shall provide erosion control, weed abatement, and security for the Site throughout construction. Installer shall remove any weeds via mechanical removal methods only.
(l) Installer shall be responsible for creating and performing all requirements of a Storm Water Pollution Prevention Plan (“SWPPP”), dust control plan, pollution mitigation plan, and all other plans required by all Governmental Authorities. At a minimum, any earthwork-related or fine grading activities are to be conducted at such times that minimize construction-related fugitive dust.
(m) If adequate site fencing or equivalent is not in place, equipment pads, disconnect switches and all other equipment which is at risk for tampering shall be fenced. Fencing shall be eight feet (8’) high with two inch (2”) galvanized steel chain link fabric where in accordance with all local requirements. Fenced equipment pads shall have slats placed in the chain links of a color determined by the Site Host. (n) Ground mounted Solar Facility arrays shall be fenced in accordance with the NEC, NESC and requirements of any Governmental Authority and shall include provisions for at least one locking gate. If adequate site fencing or equivalent is not in place, the fencing around ground mounted Solar Facility installations shall provide for a sixteen foot (16’) wide clearance to allow for vehicular access and to limit shading impact on the solar PV panels.
(o) Locks for all gates and electrical enclosures to be provided by Installer but must be approved by Site Host prior to procurement. All gates shall include provision for Site Host and Installer locks to allow for access by each entity. (p) Equipment pads shall be provided with two (2) 120VAC, 20A GFCI receptacles where alternative outlets are not readily available.
(q) Installer will evaluate whether the Site is in a floodplain and take appropriate precautions to prevent water damage to the Project, including determining and installing the Systems including all electrical enclosures and all other materials to be used in the Project at the appropriate height above grade to be above the 1-percent- annual-chance flood elevation.
(r) Lighting requirements for Solar Facility and other Project equipment locations shall be discussed with the Site Host during design, and any lighting locations and fixture specifications shall be mutually agreed upon.
(s) An arc flash study shall be performed by Installer. All required equipment labeling, fault current and coordination analysis, and recommendations for proper personal protective equipment (“PPE”) shall be followed in accordance with the results of the arc flash study.
(t) Geotechnical studies, where required, must include soil corrosivity and thermal resistivity testing and evaluation. All work must include consideration for the results of the testing and evaluation.

3.1.4 Conduit and Wiring
(a) All conductors shall be in conduit. Installer shall not direct bury conductors unless explicitly approved by Site Host in writing. All conduits shall be installed according to the requirement of the NEC and all Governmental Authorities. (b) Buried conduit shall be PVC and shall be covered and encased per NEC requirements.

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12 (c) All below grade horizontal and vertical bends of PVC conduit shall use long radius elbows. Bending of straight PVC conduit to avoid installation of long radius elbows will not be allowed.
(d) Vertical risers of buried or encased PVC conduit shall transition to the metallic conduit type specified below no higher than twelve inches (12”) above grade or top of concrete.

Any exposed PVC shall be Schedule 80. If transition to metallic conduit is installed as soon as or just before the conduit is no longer buried or encased, use the appropriate conduit adapter and wrap metallic conduit in 10mil corrosion protection tape where exposed to soil or concrete.
(e) Where exiting from the ground, all conduits shall enter enclosures from below and be made watertight. Finish with a silicone sealing compound. (f) All above ground conduit shall be electrical metallic tubing (EMT) where corrosion is not a concern, and rigid galvanized steel (RGS) where corrosion is a concern. (g) All conductors 8 AWG or smaller shall be copper. Code compliant aluminum conductors may be used for conductors larger than 8 AWG. All wiring that interfaces with any of Site Host’s equipment must be copper.
(h) All wiring used for grounding shall be copper.
(i) Ground lugs shall be mechanical or irreversible crimp, rated for direct burial, listed to UL 467 and/or UL 2703 and suitable for use with copper conductors. (j) Unless otherwise approved by Site Host in advance, Solar Facility modules shall be grounded with hardware listed to UL 2703. Solar Facility module grounding shall be in accordance with all requirements of the NEC and the Governmental Authority. (k) All wiring shall be minimally rated to handle the voltage and current of the designed system.
(l) All wiring shall be listed and labeled by a Nationally Recognized Testing Laboratory (“NRTL”) in accordance with Underwriters Laboratories standards for its purpose and location.
(m) Solar PV panel string wire shall be UL listed and be appropriately rated for UV exposure where required.
(n) All DC wire, other than module-to-module wire in a string that is spanning a gap less than three inches (3”) wide shall be located in conduit. (o) The Solar Facilities shall be equipped with DC arc-fault protection in accordance with the NEC.
(p) Where there are more than two DC strings in parallel on an MPPT, DC wiring shall be protected by overcurrent protection rated for DC circuits and marked by the manufacturer for use in solar. Fuses shall be listed and labeled by an NRTL in accordance with UL 2579.
(q) All termination equipment shall be rated for the conductor type, temperature, current and voltage of the conductor being terminated.
(r) Locking connectors shall mate with solar PV panel terminations and shall be certified compatible by the manufacturer of the locking connector provided with the solar PV panel.
(s) All conductors used for communication will be shielded cable with a drain. (t) Communications wiring shall be in separate conduits from the high voltage DC and AC wiring with sufficient separation to prevent interference. (u) Worst-case DC voltage drop shall be limited to 2.0% unless otherwise explicitly approved by Site Host in writing. The circuit shall be defined as all wiring from the solar PV panel connectors to the DC input terminals at the inverter. Installer shall account for all horizontal and vertical distances and all wire gauge transitions. (v) Worst-case AC voltage drop for an individual inverter shall be limited to 2.0% for the Battery System and 2.5% for the Solar Facilities at maximum power, and weighted Packet Page 512 of 634Attachment 2 Page 67 of 160

13 average AC voltage drop shall be limited to 2.0% at maximum power, unless otherwise explicitly approved by Site Host in writing. The circuit shall be defined as all wiring from the inverter output to the Delivery Point. Installer shall account for all horizontal and vertical distances and all wire gauge transitions.

3.1.5 Electrical Tie-In
(a) The Production Meter for the Systems shall be identified on the preliminary and final drawings and shall be located within ten (10’) feet of the Delivery Point unless an alternative location is approved in writing by Site Host. (b) Where needed, in lieu of providing and installing a Net Generation Output Meter (“NGOM”) on each existing and new Solar Facility, Installer may provide, install and program a UL 1741 CRD listed Power Control System (“PCS”) that is capable of demonstrating to the Distribution Utility that the Battery System either does not export energy to the grid or is 100% charged by the Solar Facility, thereby ensuring that the Solar Facility will receive full net energy metering (“NEM”) credits from the Distribution Utility. Installer is responsible for all scope, costs and designs relating to the PCS.
(c) Where needed, if Installer is unable to gain approval from the Distribution Utility for their proposed PCS as described above, A Net Generation Output Meter shall be provided for each Solar Facility in accordance with the Distribution Utility requirements. Installer is responsible for all scope, costs and designs relating to any NGOM. Installer must coordinate installation of the NGOM with existing Solar Facility owner for Sites that have a Solar Facility.
(d) Where financially beneficial for the Project, the PCS shall be configured to limit net export to minimize Distribution Upgrade costs.
(e) Should relocation of any circuit breakers be required to meet requirements of the Agreement, all scope, costs and designs are the responsibility of Installer. (f) If motorized circuit breakers or similar equipment is required to isolate the electrical loads from the Distribution Utility for islanded Microgrid operation, all scope, costs and designs are the responsibility of Installer.
(g) If motorized circuit breakers or similar equipment is required to isolate non-critical loads from the islanded Microgrid, all scope, costs and designs are the responsibility of Installer.

3.1.6 Structural
(a) Structural engineers shall determine all code requirements and the Project shall be designed and installed in accordance with the latest edition of all applicable codes and standards.
(b) Structural engineers shall perform a structural review of the existing structures and mechanical attachment details for all equipment to be located on the roof. (c) Equipment pads shall be a minimum of six inches (6”) of concrete reinforced at twelve- inch (12”) intervals with #5 rebar unless otherwise directed by the structural engineer.

Equipment pad layouts shall include adequate spacing to accommodate maintenance activities for all equipment. A housekeeping pad elevated three inches (3”) above the remaining pad surface will also be required.
(d) Where electrical enclosures will be mounted vertically to Solar Facility structural posts or other supports, two feet (2’) minimum ground clearance and appropriate working clearances as required per NEC shall be maintained. In no case shall equipment locations create shade on any Solar Facility between the hours of 10:00AM and 4:00PM (solar time) on the winter solstice.

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14 (e) Structural engineers are to specify the grade of steel used in all support structures. Mill certifications showing the identification of the steel to be used on the Project and the quality thereof shall be provided to Site Host. Mill certifications shall be checked by Installer prior to accepting delivery of any steel.

Engineering Design Packages and Project Execution Plan
Installer and its subcontractors (as applicable) shall prepare and submit to Site Host for their review and approval all drawings, assessments, reports, specifications, and all other necessary documents setting forth in detail all requirements for the construction of the Project. Installer shall prepare Preliminary, 50%, 90% and 100% Engineering Design Packages as described herein. All engineering and installation drawings shall comply with current construction standards, codes and regulations, and adhere to all requirements of the Agreement. The system design will comply with all applicable laws and regulations. Site Host approval of any of the submittals provided by Installer, including drawings, does not excuse Installer from their responsibility to meet all safety requirements, applicable codes and standards requirements, requirements of all Governmental Authorities and the requirements of the Agreement including this General Conditions and Technical Specifications.

Engineering Design Packages shall at a minimum contain the information as outlined below for each milestone.

3.1.7 Preliminary and 50% Engineering Design Packages
(a) Design Drawings depicting and identifying at a minimum:
(i) Solar Facility layout, where applicable
(ii) Tilt and azimuth for all Solar Facility, where applicable (iii) The proposed locations of all other major Solar Facility equipment including but not limited to electrical point of connection, disconnects, panelboards, inverters, meters and dataloggers, where applicable
(iv) The proposed locations of all major Battery System equipment including but not limited to electrical point of connection, disconnects, transformers, panelboards, inverters, batteries, meters, controllers and dataloggers, where applicable
(v) The locations of all major existing equipment, including but not limited to Distribution Utility transformer and meter, main electrical service switchgear, System electrical point of connection(s), disconnects, panelboards, inverters, arrays, meters and dataloggers.
(b) Product data sheets and copies of manufacturers’ warranties for all major pieces of equipment.
(c) Completed System Site Assessment Table in native and PDF formats. (d) Where applicable, PVSyst energy production modeling report in PDF format and 8760 output file in MS Excel format. The energy production model report and 8760 output files must be in the same format and use the same assumptions as those used to determine the inputs to the Agreement.
(e) Where applicable, Battery System performance modeling report in 4x8760 output file in MS Excel format.
(f) System performance report detailing the Critical Loads and Estimated Microgrid Operation Duration, where applicable.

3.1.8 90% and 100% Engineering Design Packages
(a) All information required above for the Preliminary and 50% Engineering Design Packages, updated at each milestone.

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15 (b) A full set of Design Drawings as described in a subsequent section. (c) All required drawings, assessments and reports stamped and signed by an engineer licensed in the appropriate discipline – structural details shall not be stamped by an electrical engineer.
(d) Where applicable, full structural details of the solar PV panel mounting system, Battery System pad and anchorage, equipment support racks and anchorage, fencing design and associated calculations.
(e) Microsoft Project or equivalent construction schedule (providing Gantt chart output) showing milestones, equipment order and delivery dates, and staffing requirements.

Specific milestones such as conduit installation completion, material arrival dates, interconnection date, and commissioning timeline, shall be highlighted. (f) A list of those changes made from the original proposal with the reasons therefore.

The Engineering Design Packages will be reviewed by Site Host. Comments shall be delivered to Installer within ten (10) business days of submission for review. Ensuring that the Project complies with all requirements and will be installed to meet all requirements of the Agreement remains the sole responsibility of Installer.

3.1.9 Project Execution Plan
A complete Project Execution Plan for each Site shall be provided for review, which shall at a minimum address the following:

(a) Material storage location
(b) Lay-down and layout yard location
(c) Site office location
(d) Access and mobilization
(e) Crane locations and traffic control
(f) Method of installation
(g) Human resources and staffing
(h) Communications
(i) Anticipated Project risks

The Project Execution Plan shall be reviewed and approved prior to any work being performed on the Sites. The Project Execution Plan shall be submitted as soon as reasonably possible, and no later than two (2) days after the 90% Engineering Design Package due date.

Design Drawings
A drawing summary list shall be maintained by the Engineer of Record for tracking drawings and revisions thereof over the design and construction period, and the list shall be provided to Site Host on a bi-weekly basis or as requested. All Design Drawing submittals shall be according to the following:

3.1.10 Format
(a) All drawings shall include a title block which at a minimum contains the Project name, Site address, Site Host logo, where applicable the DSA Identification stamp, Installer’s name, engineer’s stamp, engineer’s name and drawing revision table. (b) Any changes in the Engineering Design Packages from one Site Host submittal to the next shall be clouded.
(c) Redlines shall be maintained on a not more-than-weekly basis. As-built drawings shall be completed in a reasonable amount of time following the Governmental Authority final inspection and sign off.

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16 3.1.11 Content
The descriptions of the sheets and sheet contents below shall be considered the minimum requirement. Additional sheets and details shall be included as needed to describe the project in adequate detail for construction and permitting needs.

(a) Title Page
Information on the title page shall include, but not be limited to the following:
(i) Location of the Site
(ii) Amount of land area to be occupied by the Project, expressed in square feet or acres as appropriate
(iii) Project directory including contact information for all engineers, designers and consultants
(iv) Index of drawings
(v) Applicable codes and standards list including most recent CEC/NEC (vi) A scope of work narrative description
(vii) System size, which shall include kWDC, kW CEC-AC and kWAC for any Solar Facility, and kWAC and kWh for any Battery System (viii) Existing Solar Facility size (kWDC and kWAC), where applicable (ix) Interconnection type (NEM-PS, NEM-A, Rule 21)
(x) Solar Facility module manufacturer, part number and quantities (proposed and existing where applicable), where applicable
(xi) Solar Facility inverter manufacturer, part numbers and quantities (proposed and existing where applicable), where applicable
(xii) Solar Facility module mounting hardware description (ballasted roof mount, ground mount, shade structure mount etc.), where applicable (xiii) Battery manufacturer, part numbers and quantities, where applicable (xiv) Battery System inverter manufacturer, part numbers and quantities, where applicable
(xv) All other information required by all Governmental Athuorities and not explicitly listed here
(xvi) Benchmarking / survey control data as applicable

(b) Architectural Site Plan
Information on the site plan shall include, but not be limited to the following:
(i) Property lines
(ii) Required setbacks and/or yards
(iii) Easements
(iv) Existing buildings and structures
(v) Proposed locations of Major Equipment
(vi) Building code analysis justifying proposed equipment placement (vii) Separation distances
(viii) Fire access requirements
(ix) Modifications for ADA compliance, where applicable

(c) Single Line Diagrams
The single line diagrams shall accurately depict the physical electrical connections (i.e., quantity, type, and size of conductors, quantity, size, and type of conduit) between all electrical equipment used in the system. Information on the single line diagrams shall include, but not be limited to the following items:
(i) System size, which shall include kWDC, kW CEC-AC and kWAC for any Solar Facility, and kWAC and kWh for any Battery System Packet Page 516 of 634Attachment 2 Page 71 of 160

17 (ii) Existing Solar Facility system size (kWDC and kWAC), where applicable (iii) Interconnection type (NEM-PS, NEM-A, Rule 21)
(iv) Solar Facility module manufacturer, part number and quantities (proposed and existing where applicable), where applicable
(v) Solar Facility inverter manufacturer, part numbers and quantities (proposed and existing where applicable), where applicable
(vi) Battery manufacturer, part numbers and quantities, where applicable (vii) Battery System inverter manufacturer, part numbers and quantities, where applicable
(viii) Distribution utility transformer, including size (ix) Distribution utility meter, including meter number and SAID (x) Main electrical service switchgear, including bus amperage, main service disconnect amperage, voltage rating and interrupt rating (xi) Solar Facility electrical point of connection, disconnects, panelboards, inverters, arrays, meters and dataloggers, where applicable (xii) System interconnection tie-in scheme
(xiii) All AC and DC disconnects including wiring and fusing within disconnects (xiv) All overcurrent protection device sizing
(xv) Switchgear, including bus amperage, main over current protection device (“OCPD”) amperage, voltage rating and interrupt rating
(xvi) Transformers, including kVA, primary and secondary voltages (xvii) Solar Facility modules, inverters and batteries
(xviii) Number of Solar Facility modules per string
(xix) Number of Solar Facility strings for each inverter and/or combiner box (xx) String labels per array or subarray
(xxi) Net Generation Output Meter, Solar Production Meter, Battery System meter, Facility Load meter and any other meters, where applicable (xxii) Wire type, conductor material, size and quantity used for each run (xxiii) Conduit type, size and quantity of wires in each conduit for each run (xxiv) Total wire length for each run
(xxv) Complete electrical calculations, including voltage drop, OCPD and wiring ampacity, and Solar Facility string voltage
(xxvi) Monitoring data communications and power wiring
(xxvii) Controls diagram including low voltage, low current and power wiring (xxviii) Security camera data communications and power wiring, where applicable (xxix) Lighting, convenience outlets, and any auxiliary power circuit wiring and equipment where applicable
(xxx) Make and model of all Major Equipment

(d) Electrical Site Plan and Electrical Details
Information on the electrical layouts and details shall include, but not be limited to the following:
(i) Plan view of locations of all electrical equipment shown on the Single Line Diagrams described above
(ii) Location of the point of interconnection
(iii) Enlarged views of the Battery System area, any other electrical equipment pads, and main electrical service area
(iv) Elevation views of all electrical equipment
(v) Locations of conduit runs
(vi) Locations and sizing of spare conduits
(vii) Solar Facility string map per array or subarray
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18 (viii) Safety label details (including, but not limited to, arc flash)

(e) Grounding Diagram
All electrical equipment shall be depicted, including their capacity/rating, manufacturer, part number, quantity, and reference designator where applicable.

Diagram shall indicate equipment grounding connection points and grounding conductor size. Equipment shall include but not be limited to the following:
(i) Solar Facility Modules
(ii) Solar Facility Inverters
(iii) Batteries
(iv) Battery System Inverters
(v) Transformers
(vi) Switchgear
(vii) AC and DC disconnects
(viii) Main electrical service switchgear
(ix) Meters
(x) Control and Monitoring equipment
(xi) Distribution panelboards

(f) Structural and Civil Sheets
Information on structural and civil sheets shall include, but not be limited to the following:
(i) Equipment pad(s) structural details
(ii) Equipment mounting rack structural details
(iii) Equipment anchorage design
(iv) Fence design and structural details
(v) All civil work details

4. EQUIPMENT
The System is intended to be in operation for the full warrantied period of the Major Equipment, therefore, the life cycle costs (capital expenditures and operating and maintenance expenses) for all installations and systems must be considered in selection criteria for all materials and equipment. Installer shall purchase and cause to be delivered to each Project Site all equipment and materials required for the Project and as described in Site Host-approved final Engineering Design Package, specifications and data sheets and as required to construct a fully functioning Project. Any proposed changes or substitutions must be presented to Site Host in standard submittal format with detailed explanations and instructions for review, comment and approval. Minimum requirements for equipment are described below. Site Host approval of any of the submittals provided by Installer, including drawings, does not excuse Installer from their responsibility to meet all safety requirements, applicable codes and standards requirements, requirements of all Governmental Authorities and the requirements of the Agreement including this General Conditions and Technical Specifications.

Standards
All components shall be designed, manufactured, tested and listed in accordance with the latest applicable standards of NEMA, ANSI, NEC, IEC and UL. Installer shall verify listing and labeling of equipment by a NRTL prior to installation. In all cases NEC and Governmental Authority rules shall apply.

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19 Factory Testing
Any equipment that is required to be factory tested to an applicable standard shall be accompanied by the results of those factory tests, and further those results will be submitted to Site Host as part of the Final Binder.

Acceptance and Care
Equipment shall be stored, handled and installed in accordance with manufacturer’s requirements.

Material received shall be identified by serial number. A report recording make, model and serial numbers of the material and equipment received shall be prepared and shall be forwarded to Site Host within ten (10) days of the material and equipment being received.

NEMA Rating
Enclosures mounted outdoors shall be rated a minimum of NEMA 3R. If any Site is within two (2) miles of any body of salt water or other potentially corrosive water, enclosures shall be NEMA 4X in stainless steel and all other enclosures exposed to the elements shall be NEMA 4X.

Nameplates and Labeling
All Major Equipment, panels, boxes, and associated equipment shall be clearly labeled. Reference ANSI Z535.4-2011 for guidelines describing suitable font sizes, words, colors and symbols for labels.

Nameplates and map placards shall be engraved phenolic placards made of red stock with white lettering sized appropriately for the size and purpose of the label. Installer shall submit the proposed labels for approval prior to installation. The following minimum labeling shall be installed:

A. Install engraved signs for instruction and warning identifying that the Systems are operational on the premises at appropriate locations and that there are potentially multiple power sources on the premises – submit wording and location to Site Host for approval. In all cases NEC and Distribution Utility requirements shall dictate.

B. Install all required signage per NEC (including arc flash requirements per NEC Article 110).

C. Install engraved phenolic placards identifying emergency disconnecting means.

D. Where applicable, provide identification of all Solar Facility DC power circuits on switches, combiner boxes and/or inverters. Clearly identify individual Solar Facility module strings within the equipment at which they terminate. Use appropriate wire color codes (i.e., red and black) for positive and negative conductors.

E. Solar Facility modules must include serial numbers in such a position as to be easily visible after installation.

Products – Approved Manufacturers and General Product Requirements Only products that meet the requirements below shall be used in the construction of the Project, unless otherwise explicitly approved in writing by Site Host.

4.1.1 Approved Solar Facility Modules

Please refer to Attachment F: Major Equipment

4.1.2 Approved Solar Facility Module Manufacturer
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20 Please refer to Attachment F: Major Equipment

Site Host’s General Guidelines for Solar Facility modules • Thin‐film, concentrating solar technologies, etc. technologies are not accepted by Site Host.
• All Solar Facility modules must be included on any required rebate‐related approved module list as well as on the California Energy Commission’s (“CEC”) List of Eligible Photovoltaic Modules.
• All Solar Facility modules shall be listed on the most recent Tier 1 Solar Panels List as determined by BloombergNEF.
• All Solar Facility modules must have anti-reflective (AR) glass surfaces. • All Solar Facility modules used on the Project shall include a minimum twenty- five (25) year linear power output warranty and a minimum ten (10) year product warranty.
• All array layouts, Solar Facility module related submittals, and Solar Facility module data sheets must include cell and module efficiency ratings, and define the guaranteed production degradation over the warranted life of the module. • Installer will provide flash test data for all Solar Facility modules to Site Host in MS Excel format upon procurement of Solar Facility modules. Site Host, at its sole discretion, may randomly select up to fifty (50) Solar Facility modules for delivery to a third-party for quality verification testing. The costs of such verification testing shall be the responsibility of Site Host.

4.1.3 Approved Solar Facility Inverter Manufacturer

Please refer to Attachment F: Major Equipment

Site Host’s General Guidelines for Solar Facility Inverters Central and string inverters with a maximum input voltage of 1,000VDC are allowed where in compliance with the NEC for rooftop and shade structure mounted Solar Facility. For rooftop mounted Solar Facility, the inverter shall be certified compatible with the Approved Rapid Shutdown solution described in a subsequent section, and shall have the rapid shutdown initiation device integrated.

Central and string inverters with a maximum input voltage of 1,500VDC are allowed where in compliance with the NEC for ground mounted Solar Facility. Microinverter solutions may be proposed. All inverters must be included on any required incentive- related approved inverter list as well as on the CEC’s List of Eligible Inverters.

Inverters must meet all Distribution Utility requirements. All inverters must have a minimum 20-year warranty.

Inverter Manufacturer Preventative Maintenance and Support Services Site Host requires preventative maintenance support services which may be provided by Installer or the inverter manufacturer, as well as comprehensive and highly responsive repair service offerings. In addition, Site Host will be monitoring the inverters’ performance remotely, and require that the inverters utilize an open interface and documented protocols for third party monitoring software.

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21 4.1.4 Approved Mounting Hardware – Ground Mount

Please refer to Attachment F: Major Equipment

Site Host’s General Guidelines for Solar Facility Module Mounting Hardware for Ground Mounts
Ground mounted fixed tilt Solar Facility module mounting systems shall be NRTL listed to UL 2703. Ground mounted tracking systems shall be NRTL listed to UL 3703.

The Approved Solar Facility Modules listed above shall be on the tested and approved Solar Facility module list maintained by the mounting system manufacturer to ensure compatibility with the mounting system’s integrated grounding components. Ground mounted arrays shall meet all DSA requirements.

Site Host requires that all Solar Facility module mounting solution descriptions clearly identify the mounting hardware and any engineering services related to the mounting solution. Installer shall provide full mounting solution specifications, warranty details, etc.

4.1.5 Approved Battery System Inverter Manufacturer

Please refer to Attachment F: Major Equipment

Site Host’s General Guidelines for Battery System Inverters All Battery System inverters must be included on any required incentive‐related approved inverter list. Inverters must meet all Distribution Utility requirements. All inverters must have a minimum ten (10) year warranty.

4.1.6 Approved Battery Manufacturer

Please refer to Attachment F: Major Equipment

Site Host’s General Guidelines for Batteries
Lithium-ion battery chemistry is preferred. Lead acid battery chemistries are not acceptable. All batteries must have a minimum ten (10) year warranty.

Battery Manufacturer Preventative Maintenance and Support Services Site Host requires preventative maintenance support services which may be provided by Installer or the battery manufacturer, as well as comprehensive and highly responsive repair service offerings.

4.1.7 Approved Data Acquisition System

Please refer to Attachment F: Major Equipment
Packet Page 521 of 634Attachment 2 Page 76 of 160

22 4.1.8 Performance Monitoring and Reporting Service Installer

4.1.9 EPC Partner/AlsoEnergyInverter Monitoring Installer

EPC Partner

4.1.10 Approved Solar Facility Module Temperature Sensors

AlsoEnergy

4.1.11 Approved Ambient Temperature Sensors

AlsoEnergy

4.1.12 Approved Irradiance Sensors (Pyranometers)

AlsoEnergy

4.1.13 Approved Wind Speed and Direction Sensors

AlsoEnergy

4.1.14 Approved Battery System Meter

AlsoEnergy

4.1.15 Approved Solar Production Meter

AlsoEnergy

4.1.16 Approved Safety Switches

Eaton

4.1.17 Approved Transformers

EPEC Solutions

Site Host’s General Guidelines for Transformers
Any dry-type transformers shall meet the latest Department of Energy efficiency requirements, shall have copper windings, 220°C insulation rating and 115°C maximum temperature rise rating.

Any oil-filled transformers shall be filled with a non-toxic, non-bioaccumulating, biodegradable fluid.

4.1.18 Approved Grounding Devices

Calpico, Eritech, Galvan, Nehring
Packet Page 522 of 634Attachment 2 Page 77 of 160

23 5. COMMUNICATIONS AND MONITORING SYSTEMS

Installer is responsible for the complete and fully functional installation and operation of the SCADA system. Any labor, communications devices, wiring and or other materials shall be included in Installer’s cost and scope. The SCADA system shall meet all the requirements outlined in the Agreement.

Performance Monitoring & Reporting Service
Installer shall provide a Performance Monitoring and Reporting Service (“PMRS”) as part of the SCADA system to monitor and collect data from the Facility Load Meter, Critical Load Meter, Battery System Meter, Solar Production Meter, inverters, batteries, and all other data points applicable to the operation of the Systems. Installer shall be responsible for procuring, installing, and commissioning all SCADA equipment, and for entering into a contract with a third-party Performance Data Installer (“PDP”). The monitoring service requirements are as follows:

A. Installer shall provide operator and administrator level training to Site Host for using the PMRS software interface as part of commissioning activities.

B. The PMRS software interface must allow for access via a link from Site Host’s website and must allow the users to view and download real-time and historical electricity usage, solar production, and Battery System power flow data, where applicable, at each Project Site over a variety of timescales including but not limited to a minimum of a year of fifteen (15) minute interval data. Installer shall coordinate and obtain approval of all data points to be displayed on the public webpage with Site Host prior to implementation.

C. The PMRS software interface must allow Site Host to programmatically download via an Application Program Interface (“API”) the real-time and historical electricity usage, solar production, and Battery System power flow data, where applicable, at each Project Site over a variety of timescales including a minimum of one (1) year of fifteen (15) minute interval data. The API must include the ability to reference most recent inverter, meter and alarm status readings.

Equipment and Components
Below is a list of the minimum equipment and components that must be included as part of the PMRS.

All equipment shall be installed to equipment manufacturer’s recommendations and best practices for the Systems.

A. Facility Load Meter(s)
Revenue grade energy meters shall be installed to measure the total (not net) energy usage, instantaneous demand, power factor, etc. at each main switchboard where the Systems is interconnected. The load side revenue grade energy meters shall be included as part of the PMRS system, send data through the PDP and be displayed on the PMRS software interface.

B. Critical Load Meter(s)
For projects containing Critical Loads to be serviced by the Battery System, revenue grade energy meters shall be installed to measure the energy usage, instantaneous demand, power factor, etc. at each Critical Load distribution panel. The load side revenue grade energy Packet Page 523 of 634Attachment 2 Page 78 of 160

24 meters shall be included as part of the PMRS system, send data through the PDP and be displayed on the PMRS software interface.

C. Battery System Meter
For projects containing Battery Systems, revenue grade energy meters shall be installed to monitor power and energy flows of the Battery System at each Site. The Battery System Meter shall be located within ten feet (10’) of the Delivery Point unless an alternative location is agreed to in writing by Site Host. The Battery System Meter shall be included as part of the PMRS system, send data through the PDP and be displayed on the PMRS software interface.

D. Solar Production Meter
For projects containing Solar Facilities, revenue grade energy meters shall be installed to monitor power and energy production of any Solar Facility present at each Site. The Solar Production Meter shall be located within ten feet (10’) of the Delivery Point unless an alternative location is agreed to in writing by Site Host. The Solar Production Meter shall be included as part of the PMRS system, send data through the PDP and be displayed on the PMRS software interface.

E. Datalogger/Internet Gateway

F. Inverter Monitoring
If inverters are not provided with communications as part of the standard package, then the communications option shall be ordered. Where various communication package options exist, those options shall be discussed with Site Host prior to ordering.

G. Solar Facility Array Monitoring
For projects containing Solar Facilities, if DC combiner boxes are installed within the array field and not integral to the Solar Facility inverters, DC monitoring shall be provided for each home run from the combiner boxes to the inverters.

H. Protective Relays, Medium Voltage Circuit Breakers and Transformers All available data points shall be provided through the PMRS system.

I. External Device Communication
Installer must arrange for and provide Site Host a secure and reliable internet connection adequate to allow for uploads of all data points from the PMRS system every fifteen (15) minutes at their sole cost. Installer shall provide this internet connection via a cellular modem with data service. Installer shall make this information available to Site Host through the PMRS system.

Remote Access Monitoring Portal

5.1.1 Power and Energy Data
Each Project Site’s PMRS web portal should display the following minimum information over a variety of timescales:

(a) Battery System inverter instantaneous power (kW)
(b) Battery System state of charge (%)
(c) Battery System instantaneous energy remaining (kWh) Packet Page 524 of 634Attachment 2 Page 79 of 160

25 (d) Solar instantaneous power output (kW)
(e) Solar energy production (kWh)
(f) Facility entire instantaneous load without the System (kW) (g) Facility instantaneous load net of Solar Facilities (kW) (h) Facility instantaneous load net of Battery Systems (kW) (i) Facility entire energy consumption (kWh)
(j) Critical loads instantaneous load (kW)
(k) Critical loads energy consumption (kWh)
(l) Billing cycle peak demand without the Systems (kW)
(m) Billing cycle peak demand reduction due to the Battery System (kW) (n) Billing cycle peak demand reduction due to the Systems (kW)

5.1.2 Battery System Alarms
For projects containing Battery Systems, each site should have at least the following custom alarms:
(a) Whenever the billing cycle peak demand exceeds the programmed demand threshold set at the beginning of the billing cycle.
(b) The battery state of charge remains below a programmed value for five (5) consecutive days. An example is to set the value to 66% of the Battery System kWh rating in an attempt to identify if/when the Battery System is malfunctioning. (c) Any meter reports a magnitude of less than 0.1 kW for one day.

5.1.3 Solar Facility Alarms
For projects containing Solar Facilities, each site should have at least the following custom alarms:
(a) Inverter produces less than ten percent (10%) of the inverter capacity over the course of an hour between 10:00AM and 3:00PM. The upper limit of the alarm should be set to twice the inverter capacity.
(b) Any meter reports a magnitude of less than 0.1 kW for one hour between 10:00AM and 3:00PM. The upper limit of the alarm should be set to twice the site capacity.

5.1.4 Solar Facility Analytics Pages
For projects containing Solar Facilities, each Solar Facility PMRS should have the following tabs configured in the monitoring analytics page. They should be labeled uniformly at each site. The tabs should be labeled as follows:
(a) Load Profile
(i) Solar Production Meter Power (kW)
(ii) Battery System Meter Power (kW)
(iii) Facility Demand (kW)
(iv) Net Consumption (kW)

(b) Inverter Output
Energy generation (kWh) per inverter. Each inverter shall have a unique identifier matching the naming convention in the as-built drawings.

(d) Inverter vs. Solar Production Meter Power
Power output per inverter displayed with the Solar Production Meter Power Packet Page 525 of 634Attachment 2 Page 80 of 160

26 5.1.5 Settings
All System information should be filled out completely and correctly on the monitoring platform to match the as-built drawings and allow for easy identification of equipment and other System information.

6. CONSTRUCTION
Installer is required to conduct all construction and construction management work for completion of the Project. Installer shall perform all work in accordance with generally accepted industry practices, all applicable laws, regulations, codes, rules, ordinances, Government Approvals and permitting requirements, equipment manufacturer’s requirements, and quality control inspection protocols so that the System meets or exceeds (i) all requirements of applicable laws, Government Approvals and licenses; (ii) equipment manufacturer’s installation specifications, and compliance with the terms and conditions of all applicable warranties and guarantees; (iii) complies with all requirements of the Interconnection Agreement; (iv) all established safety protocols for operation and maintenance, and labeling / marking requirements; (v) all requirements of the commissioning procedures and performance validation herein; (vii) all requirements for any applicable federal, state or other environmental or financial rebates and incentives. All work must be performed and supervised by skilled workers trained and experienced in the installation of the Systems in accordance with equipment manufacturers’ installation requirements. Installer is encouraged to utilize local subcontractors and source materials and resources locally should they provide requisite qualifications and competitive advantages.

Site Safety and Security
Installer shall be solely responsible for compliance with all applicable occupational safety and health standards, rules, regulations and orders established by local agencies, the State of California, and Cal OSHA, including obtaining permits required by California Code of Regulations, Title 8, Section 341 and 341(a). In addition, Installer and all subcontractors shall comply with applicable provisions of Federal, State, and municipal safety, health, and sanitation statutes and codes. In the event there is a conflict between the provisions of the Safety and Health Regulations for Construction promulgated by the U.S. Department of Labor in Title 29 CFR Part 1926, OSHA, or Cal OSHA, the more stringent provision shall prevail.

Installer will develop a site-specific OSHA approved Site Safety and Security Plan for each Project Site and submit it for review and approval prior to the start of construction. The Site Safety and Security Plan shall include an evaluation and appropriate documentation of the safety record for all subcontractors that will be performing work on the Project, a traffic control plan, and an Injury and Illness Prevention Program plan. The Site Safety and Security Plan shall also include the location of emergency utility shutoffs and an evacuation plan. No work shall be performed on the Project prior to written confirmation that the Site Safety and Security Plan has been accepted.

A safety conference shall be scheduled prior to the start of construction to review the experience modification rating, the respective safety requirements, and to discuss implementation of all health and safety provisions related to this project. Representatives from Installer and every subcontractor shall be present at the safety conference. Installer shall ensure the Site Host informed of the safety conference at least five days in advance and provided the option to attend.

Following the commencement of work on the Project, safety meetings will be held once a week with all Installer and subcontractors’ employees attending. Printed names will be taken of those attending the meeting. No individual will start work at any Project Site without having attended a safety briefing on the dangers and protocols of the Project Site. Records of this training will be kept and provided for Packet Page 526 of 634Attachment 2 Page 81 of 160

27 review. No individual will operate a piece of equipment on which they have not had certification training. Certification shall be carried on the operator at all times.

Security of the Sites is the sole responsibility of Installer, including any security monitoring equipment, fencing or other precautions that Installer may deem reasonably necessary. The Site Host will not be liable for theft or damage of equipment or materials stored at the Sites.

Access to and Use of Project Sites
The Site Host shall provide access and area at each Site for the performance of the work on the Project, including lay-down area and storage area. The Site Host will grant Installer access to each Site to perform all work associated with the Project and on-going operation and maintenance during regular business hours, or such other reasonable hours requested by Installer and approved by The Site Host in accordance with the Agreement. Access points to the Sites must be closely coordinated with the Site Host and approved in advance before construction begins. The Site Host will issue the necessary keys to Installer to access Sites once all related requirements have been met. Installer shall return keys to the Site Host at any time upon request by the Site Host. Installer shall reimburse the Site Host for the cost of re-keying all of the Site Host’s locks if keys are not returned to the Site Host.

Installer agrees not to bring, keep, or permit to be brought to, or kept at or near any Site, any hazardous materials, or materials which are prohibited by the Site Host or prohibited by the standard form of Site Host’s insurance policy. Installer agrees not to commit or suffer to be committed any waste upon the Sites.

Installer shall install signage at each front gate or Site entrance to identify the Project and Installer’s name and contact information upon Site Host approval of all proposed signage. Installer shall submit a prototype of the construction signs to Site Host for review and approval before posting the signs at the construction sites. After approval, actual sign placement and location shall be coordinated with Site Host.

Drawings
Installer shall maintain one complete Engineering Design Package at each Site including one full set of full-size plans marked to show any deviations that have been made from the approved plans, including but not limited to buried or concealed construction features or utilities which are revealed during the course of construction. Current as-built record drawings shall be accessible to Site Host at all times during the construction period. They shall be reviewed with Site Host at regular intervals. Upon completion and prior to final inspection of the Project, Installer shall submit the complete as-built Engineering Design Package for review and shall make such revisions or corrections as may be necessary for them to be a true, complete, and accurate record of the Project in the opinion of Site Host.

Work-Time Constraints
Great care shall be taken to avoid interruptions to the Site Host activities and neighboring properties.

Construction activities shall take place between typical working hours of 7:00AM to 4:30PM, Monday through Friday, excluding recognized holidays. Reasonable efforts must be taken to minimize disturbance to persons living or working nearby, and to the general public. All local ordinances shall be adhered to regarding noise limits, otherwise a maximum of 65dB shall not be exceeded when measured at the property line. Deliveries shall take place outside high traffic times and must be coordinated with Site Host’s personnel. Preferred hours for deliveries are 8:00AM to 4:00PM, Monday Packet Page 527 of 634Attachment 2 Page 82 of 160

28 through Thursday. Installer shall manage construction activities around and with consideration to the other projects occurring at the same time where applicable. Installer will be required to provide necessary weekly updates of scheduled activities at each Site to Site Host.

A shutdown plan must be provided to Site Host at least two months in advance to allow for electrical shutdowns to be carefully coordinated with Site Host’s personnel. All interruptions in power shall be subject to Site Host approval and must be coordinated to take place during a time period that will minimize disruptions to Site activities. This requirement will typically mean, and Site Host reserves the right to request, that shutdowns shall occur on weekends or after working hours. All efforts must be taken to minimize the amount of time required to complete interconnections. If required, backup power will be provided by Installer’s generators during shutdowns, at Installer’s expense. Notice of all pending shutdowns shall be provided thirty (30) days in advance, followed by two (2) weeks in advance, followed by forty-eight (48) hours in advance.

General Requirements

6.1.1 Conduit and Wiring
(a) Locations of all junction boxes shall be reviewed with the Site Host prior to start of construction. Junction boxes shall not be installed in or near playgrounds and playfields at any school sites.
(b) No trenching is allowed inside playgrounds and play fields at any school sites. (c) No wire splicing shall be allowed.
(d) All exposed wire shall be secured every three and a half feet (3.5’) minimum. (e) When terminating aluminum conductors, all terminations shall be brushed and coated with an oxide inhibitor.
(f) Underground cabling shall have electrical warning tape installed approximately twelve (12”) inches below finished grade in the backfill.
(g) Installer shall use GPRS and potholing to survey for underground utilities and use best practices when boring or trenching, including hand digging near buried lines.

Trenching or boring in potentially high-risk areas (gas lines) shall be coordinated with Site Host.
(h) Installer shall carefully preserve all benchmarks, monuments, survey markers, and stakes and shall be solely responsible for resetting if required. (i) Installer shall ensure parasitic loads (lights, security cameras, etc.) are not installed on the same circuit as the System’s Production Meter and are installed so that their load shall be included with the overall site’s Facility Load Meter measurement. (j) Installer shall confirm that each of the Systems is interconnected to the correct Distribution Utility meter at each Project Site by validating the meter and service account identification numbers (SAID) with the Distribution Utility. (k) All exposed wiring shall be properly rated for direct sun exposure. (l) Exposed wiring shall be restrained utilizing wire clips per NEC requirements and best practices to eliminate strain on Solar Facility module junction box connections, wire pinch points and wire kinks. Strain-relief devices shall be rated and labeled for exposure to UV (direct sunlight).
(m) Conduit entry locations shall be made in manufacturer provided/specified locations only.
(n) All ground conductors shall be protected from physical damage as specified in the NEC.
(o) Grounding wire connections must be made at closest point possible between concrete and steel, sharp edges removed, and painted to match.

Packet Page 528 of 634Attachment 2 Page 83 of 160

29 (p) Power and data lines shall be located in separate conduits with appropriate separation to avoid interference.
(q) All junction boxes, condolets, etc., are to be sealed with a silicone sealing compound and made watertight.
(r) H-20 rated concrete handholes with cast iron or galvanized steel lids shall be used for all underground junction box locations unless Site Host approves an alternative approach. Lids shall be bolted or welded in place with an appropriate permanent marking such as “ELEC” or “COMM” on the lid depending on the contents of the junction box.
(s) Aboveground junction boxes must have tamperproof screws and shall not be placed in areas where water ponding is anticipated.

6.1.2 Equipment
(a) Equipment shall be stored and handled in accordance with manufacturer’s requirements.
(b) Inverters and battery enclosures, where applicable, shall be placed away from all buildings where the operational noise would disturb the occupants. (c) Inverters and battery enclosures, where applicable, shall not be placed in locations where fences or other barriers would obstruct replaceable air filters or prevent access for regular service and cleaning.
(d) All high voltage and high amperage equipment must be installed in secure, tamper- proof, and locked enclosures to prevent unauthorized tampering for safety and theft prevention.
(e) Locks for all gates and enclosures to be provided by Installer but must be approved by Site Host prior to procurement.
(f) Where necessitated by birds nesting underneath solar shade structures and/or ground mounted racking systems, Installer shall be responsible for providing a means of deterring birds from nesting that is acceptable to Site Host. (g) Safety labels are required for high voltage and high amperage equipment. (h) All enclosures shall be detailed as part of the punch list work to ensure that any scratches, etc. are properly covered with paint as appropriate. (i) Solar PV panels shall have their serial numbers recorded as they are installed, grouped and listed by DC string.
(j) The Project will include installation of conduits at each Site sufficient to allow for future installation of security cameras at locations agreed upon with Site Host during Project design. Should Installer choose to install cameras as part of the overall security plan for any Site, camera selection and location shall be coordinated Site Host.

Integration of any installed safety and security systems with the SCADA system shall be reviewed with Site Host and options provided.

6.1.3 Site Work
(a) It is Installer’s soleresponsibility to ensure that all work on the Project complies with all federal, state, and local code requirements, all applicable industry codes and standards, and all other requirements in the Agreement including the requirements in this General Conditions and Technical Specifications.
(b) Temporary security fencing around construction areas shall be provided throughout construction, to be removed at end of construction, and permanent fencing and bollards added as required.
(c) Prior to the start of any work on Site, Installer shall take pre-construction videos and photographs of any and all areas that may be impacted as part of the Project Packet Page 529 of 634Attachment 2 Page 84 of 160

30 construction and shall provide the pre-construction videos and photographs to Site Host for review and reference.
(d) Following the finish of construction, Installer shall take post-construction videos and photographs of all areas that were impacted as part of the Project construction and shall provide the post-construction videos and photographs to Site Host for review and reference.
(e) Installer is solely responsible for locating and avoiding all existing underground utilities, including irrigation lines, and shall ensure the existing underground utilities and installations are not impacted by Project construction. In the event Installer damages or makes inoperable any underground or above ground utilities, it will be Installer’s full responsibility to notify Site Host immediately and make damaged/inoperable utilities whole and fully operational to Site Host’s standards and to Site Host’s satisfaction, at Installer’s sole cost and expense. (f) Installer is responsible for the repair of any damage to any Site that is caused by Installer at their sole cost and expense. Installer shall assess the condition of all areas to be used in the construction of the Systems prior to construction and shall alert Site Host if any such area cannot accommodate wear and tear caused by ordinary construction activities. In such event, Installer shall propose a reasonable remedy or remedies to such conditions for Site Host’s consideration. (g) Damage to Site Host’s facilities and/or the Systems shall be reported to Site Host within twenty-four (24) hours with photographs.
(h) All parking lot wheel stops that are damaged during construction shall be replaced at Installer’s sole expense.
(i) All areas within the limits of construction or otherwise impacted by construction of the Project shall be restored to pre-Project conditions at Installer’s sole cost and expense including but not limited to existing rooftop equipment, fine grading, rock and concrete spoils removal and vegetation remediation.
(j) For roof mounted Solar Facilities, no metal cutting shall occur on the roof, with the exception of conduit, which shall be cut over a carpet or similar filing collector and taken off the roof in whole at the end of the Project. In no instance shall metal filings blow or otherwise end up on the surface of any Solar Facility module or the roof. (k) For roof mounted Solar Facilities, the roof shall be loaded in a manner prescribed by the structural engineer so as not to overload any particular point on the roof during construction.
(l) Installer will coordinate with Site Host when boring or trenching is performed, when laydown areas are determined, when major shipments are planned, or any other activities that might impact Site Host’s operations.
(m) Installer shall correctly torque all such equipment or assemblies requiring torque and mark torqued bolts to designate status of having been torqued. Site Host or Site Host’s representative may at any time request a test of marked bolts. Failure of a bolt designated as torqued to show that torque may require all assemblies to be re-torqued in the presence of a third-party inspector – such inspector to be paid for by Installer. (n) Installer shall maintain a clean and workmanlike construction site. Loose debris and unsafe conditions shall not be tolerated at any time.
(o) Installer is responsible to obtain all necessary Site data, perform all required investigations and reasonably determine all Site data required for the design and construction of the Systems at their sole cost.
(p) Installer shall be responsible for the removal and disposal of all excess soil and construction related debris generated by Installer or subcontractors in accordance with applicable law.

Packet Page 530 of 634Attachment 2 Page 85 of 160

31 (q) Appropriate safety signs are required to caution drivers for speed or path restrictions near equipment pads.
(r) Signage shall be provided at all drive aisle locations that coincide with a Solar Facility shade structure clearly indicating the clearance height of all shade structures. (s) Safety bollards or traffic pylons with reflective strips shall be installed where any part of the Project is adjacent to a road.
(t) Safety bollards or traffic pylons with reflective strips shall be installed at the corners of ground mounted Solar Facility and around all electrical equipment pads. (u) Signs and barricades shall be provided and maintained by Installer and shall be in accordance with jurisdictional regulations for accident prevention and in accordance with the Site Safety and Security Plan.
(v) Installer shall ensure to reasonable extent and availability of installation space that solar structures are built away from the line of sight of neighboring properties, where applicable.
(w) Where applicable, installer shall identify and remove trees that would cause shading and reduce production of Solar Facility or are in direct path of construction. Installer shall mark each tree and review with Site Host and Arborist prior to removal. Installer shall remove the tree stump, grind to twelve inches (12”) below grade and provide a surface flush with surrounding grounds using the same material as the surrounding area.
(x) Where applicable, installer shall remove light posts (including complete concrete bollards and rebar cages above and below grade) and other non-building fixtures that would cause shading and reduce production of Solar Facility. Where light post removal is required, Installer shall mark each light post and fixture and review with Site Host prior to removal. After removal of the light post, Installer shall electrically secure the termination point at ground level in an H-20 rated concrete handhole with cast iron or galvanized steel lid. Lids shall be bolted or welded in place with a permanent marking such as “ELEC” or “LIGHTING” on the lid. Installer shall use best efforts to remove the light posts and deliver to Site Host at the Project Site in existing condition so Site Host can re-install in other areas.
(y) Installer shall verify all required clearances in the field prior to construction and is solely responsible therefor.
(z) Driveways in parking lots must stay open during construction. Any parking lot driveway closure must be temporary (i.e., a few hours for heavy material delivery) and shall be coordinated with Site Host.
(aa) Installer is responsible for providing drinking water and sanitation facilities for all workers.
(bb) Where applicable, temporary power for construction shall be arranged and paid for by Installer.
(cc) Installer must apply for fire hydrant meter permit and cover all expenses for construction water use where applicable.
(dd) For water district sites, Site Host has the option to supply a fire hydrant meter providing recycled water for use by Installer for construction water use where applicable.

Installer shall be responsible to provide means of pumping, piping, transport, etc. for such water from Site Host supplied fire hydrant meter to the construction area. (ee) All cut edges of galvanized strut or other support structure materials shall be cold galvanized.
(ff) Saw cut concrete shall be replaced joint to joint and match nearby area. (gg) Installer shall backfill all trenches with engineered fill and compact to 95 percent minimum.

Packet Page 531 of 634Attachment 2 Page 86 of 160

32 (hh) All asphalt cuts shall be made in square or rectangular cuts to avoid inconsistent repair work. Installer shall cover asphalt trenches with hot mix asphalt, roll for compaction, and cover the width of the trench with a slurry seal after the cure period. All repairs shall be made to match existing. Any repainting of striping required to return the site to original or better conditions shall be the sole responsibility of Installer. (ii) Installer shall reseed or provide sod for all areas where existing grass was damaged. (jj) Installer shall conduct harmonic testing and install necessary line filters if Site Host or the Distribution Utility detects electromagnetic interference (EMI) following the installation of the Systems. Detection of EMI includes noticeable power interruptions in previously functional electrical equipment.

7. FINAL PROJECT CLOSEOUT
Closeout Activities
Prior to completion of work at any Site, Installer will perform the following tasks:

• Complete all unfinished work described on a punch list approved by Site Host in a timely manner.
• Complete final clean-up of each Site, which shall include a thorough washing of the solar PV panels for Solar Facilities. All solar PV panel washing shall be completed in accordance with the manufacturer’s recommendations.
• Confirm minimum 30-day continuous operation for the entire system, all sub-systems, and ancillary equipment without downtime following the final commissioning for projects. • Assemble and provide Site Host with the Final Binder containing all documents outlined below and all other required submittals.
• Provide training for Site Host personnel on emergency shut-down procedures as well as standard inverter restart procedures.
• Demonstrate the successful operation of the Microgrid while disconnected from the Distribution Utility grid where applicable.

Final Binder
A complete set of Project documentation in digital format, unless otherwise noted below, shall be provided to Site Host at the finish of construction for record keeping purposes (the “Final Binder”).

The Project documentation shall include, at a minimum, the following documents:
• Copy of executed Agreement(s) and all amendments
• Copy of the Notice to Proceed to design
• Copy of the Notice to Proceed to construction
• Copies of all reports and studies completed, including but not limited to:
o Underground Utility Surveys
o Title Reports / ALTA Surveys
o Geotechnical Studies
o Environmental Studies
o Bore logs including GPS location coordinates and depth dimensions for all Project underground utilities
o Glint and Glare study
o Arc Flash / Coordination Study
• Final design drawings as approved by any Governmental Authorities having jurisdiction over the Project in PDF and AutoCAD
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33 • Copy of all Governmental Approvals required for the Project to be constructed • Copy of all Governmental Approvals required for the Project to be operational • Letter to the Distribution Utility requesting final inspection in advance of Permission to Operate
• Completed Commissioning Report - Attachment D
• Permission to Operate notice from the Distribution Utility • All incentive related documents
• All final executed Distribution Utility agreement(s) – interconnection, special facilities, etc. • As-built drawings in PDF and AutoCAD
• Equipment data sheets, installation & user manuals, and warranties for all Major Equipment including but not limited to Solar Facility modules, Solar Facility module mounting systems, inverters, batteries, transformers, controllers and monitoring systems • Final System Site Assessment Table in PDF and MS Excel formats • Where applicable, final Battery System performance modeling report in 4x8760 output file in MS Excel format
• Where applicable, final Solar Facility PVsyst modeling in PDF and 8760 MS Excel format • Where applicable, final system performance report detailing the Critical Loads and Estimated Microgrid Operation Duration
• Final punch list showing proof of completion of all items • Letter stating Commercial Operation Date achievement and date • Contact Information for all key Installer personnel including:
o Installer’s name
o Installer’s main office mailing address, phone, fax, and email o Employer Identification Number (“EIN”)
o Installer’s main contact person’s name, job title, mailing address, phone number, fax number, and email
o Operations and Maintenance contact person’s name, job title, mailing address, phone number, fax number, and email
• Two (2) sets of keys to all locks, equipment, enclosures, fence gates and boxes • Operations and Maintenance manual
• Site Host training completion date, including list of personnel trained in inverter shutdown and restart procedure
• Monitoring system information including:
o Monitoring system hardware and internet portal specification sheets o Meter calibration records with serial numbers for all meters o Website access and operation instructions
o List of public monitoring websites
o IP addresses and login information of the data logger o Network configuration documentation
o PMRS installer contracts
• Site photographs of all items listed below (electronic version only):
o Solar Facility arrays, where applicable
o Batteries, where applicable
o Inverters
o Combiner boxes
o Transformers
o Disconnects
o Panelboards/switchgear
o Motorized circuit breakers, where applicable
Packet Page 533 of 634Attachment 2 Page 88 of 160

34 o Electrical point of connection to existing distribution equipment o Distribution Utility meter
o Battery System Meter, Facility Load Meter, Critical Load Meter, Solar Production Meter and any other meters, where applicable
o Battery System controller, where applicable
o Microgrid controller, where applicable
o Monitoring equipment including weather sensors where applicable

8. OPERATIONS AND MAINTENANCE
Installer shall be responsible for all operations and maintenance of the Systems if included in the Agreement. The operations and maintenance shall include at a minimum:

A. All preventative maintenance required to maintain all equipment warranties.

B. Installer shall provide erosion control, weed abatement, and security for the Site throughout the Term at their sole expense.

C. Ground mounted arrays shall include the application at the completion of construction and as required through the Term of the Agreement of a dust control polymer additive coating within the Solar Facility area to limit solar PV panel soiling.

D. Installer shall maintain one complete Engineering Design Package throughout the Term of the Agreement and update with any changes made from the as-built drawings provided at the completion of construction.

E. A minimum of one annual solar PV panel washing shall be required at all sites if operations and maintenance is included in the Agreement. The timing of the washing(s) shall be coordinated with Site Host to ensure beneficial production impact.

F. Where painted steel is used for the structural components of the array, Site Host shall be provided with a hex color code and an adequate amount of touch up paint to address minor aesthetic maintenance.

Packet Page 534 of 634Attachment 2 Page 89 of 160

35 ATTACHMENT A - PRELIMINARY ENGINEERING DESIGN PACKAGE

TO GENERAL CONDITIONS AND TECHNICAL SPECIFICATIONS

Packet Page 535 of 634Attachment 2 Page 90 of 160

STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\GI001 COVER SHEET.dwg 7/26/24 - 5:48pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
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ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

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COVER SHEET
GI001

CITY OF FAIRFIELD
Solar Electric System Scope:

The following design describes a solar PV system with an STC DC rating size of 1785.0 kW, and an AC rating of 1250 kW.

The installation consists of (3000) QCells, 595W Photovoltaic Modules with an 180° azimuth. The modules are tilted 20° and use a fixed-tilt ground mounted racking system.
(5) Chint SCH275KLT-DO/US-800-36 250W AC output, UL1741 listed, grid tied inverters will receive the power from the photovoltaic array and a utility AC disconnect will isolate the system from the utility grid.

A Battery Energy Storage System will be utilized for the project consisting of (2) Socomec SUNSYS HES L with one sized
250kW/930kWh and the other 200kW/930kWh.

The system will be interconnected to the existing electrical service at 480VAC and will be operated in parallel with the local energy provider's electric grid per the requirements of the CEC.

VICINITY MAP STREET MAP SITE MAP

DESIGN CRITERIA PROJECT SCOPE PROJECT TEAM DRAWING INDEX

PROJECT
AREA

CODE/STANDARD EDITION ARTICLE/DESCRIPTION
California Building Code 2022
California Electrical Code 2022 CEC Article 690, Solar Photovoltaic Systems and 705 Interconnected Electric Power Production Sources
Underwriter's Laboratory 1703 2002 Standard for Flat-Plate Photovoltaic Modules and Panels
Underwriter's Laboratory 1741 2010
Standard for Inverters, Converters, Controllers and
Interconnection System Equipment for Use With
Distributed Energy Resources
Institute of Electrical and Electronics
Engineers 1547 2013 Standard for Interconnecting Distributed Resources with Electric Power Systems
National Fire Protection Agency 70E 2015 Standard for Electrical Safety in the Workplace Occupational Safety and Health
Administration 29CFR, 1926 2011 Construction Industry Safety Regulations SOLAR CONSTRUCTION FIRM:

Holt Renewables, LLC.
1301 Capital of TX Hwy S #B315
Austin, Texas 78746
512-382-2999
Project Managers:

Casey Lilley - [email protected]
Designers:

Samuel Sherman -
[email protected]
SITE CONTACT:

City of Fairfield
Waterman Treatment Plant
2900 Vista Grande Circle
Fairfield, CA 94534
Main Office: 707-428-7485
Site Contact:

TBD
ENGINEERING FIRM:

KMB Design Group
1800 NJ-34
Wall Township, NJ 00719
855-755-6234
Engineer of Record:

Allison Kimball, P.E.
[email protected]
732-894-5061
CA License: E53325
Sheet Number Sheet Title
GI001 COVER SHEET
GI002 SYMBOLS AND ABBREVIATIONS
GI003 GENERAL NOTES
WI101.1 SITE PLAN
WI101.2 SITE PLAN - ARRAY
WI101.3 SITE PLAN - POI
WP601.1 ELECTRICAL SLD - PV
WP601.2 ELECTRICAL SLD - BESS
WP601.3 ELECTRICAL SLD - POI
WK801 DATA SHEETS
WK802 DATA SHEETS
SOLAR ELECTRIC SYSTEM - 1785.0 kW DC RATING

WATERMAN TREATMENT PLANT

PROJECT
AREA
ARRAY
AREA

INTERCONNECTION
Packet Page 536 of 634Attachment 2 Page 91 of 160

SECTION

ELEVATION
DETAIL
DETAIL
(ENLARGED PLAN)
TAG

KEYED NOTES

REVISIONS

GROUND TERMINAL

GROUNDING

POINT/ROD

SOLAR PANEL
MODULE STRINGING XX:XX-XX
GFDI
AC
DC
XX

LOCATION IN STRING
STRING I.D. NUMBER

SOURCE CIRCUIT

BLADE DISCONNECT

FUSED DISCONNECT

OVERCURRENT

BREAKER

DC TO AC INVERTER
METER

PULL BOX

COMMUNICATIONS

PULL BOX

COMBINER BOX

DC COMBINER BOX

DC COMBINER

DISCONNECT

INVERTER

CURRENT RATING

FUSE RATING

BREAKER RATING
15A
15A
15A
PB.01
CB.01
DCB.01
DCD.01
INV.01
NUMBER
NUMBER
NUMBER
NUMBER
NUMBER
DETAIL I.D. LETTER

SHEET LOCATION
DETAIL I.D. LETTER

AREA TO BE ENLARGED

SHEET LOCATION
SAME SHEET I.D. LETTER

ADDENDUM NUMBER

REVISED AREA CLOUDED
1 1
101
1 101
1 1
101
1 101
1 PBC.01 NUMBER
0 1P SINGLE POLE
1PH SINGLE-PHASE
3/C THREE-CONDUCTOR
3P THREE POLE
3PH THREE-PHASE
3W THREE-WIRE
4W FOUR-WIRE
A

A AMPERE

A/C UNIT AIR CONDITIONING UNIT

AC ALTERNATING CURRENT

ACD AC DISCONNECT

ACP AC PANELBOARD

ADDL ADDITIONAL

ADDM ADDENDUM

AFCI ARC FAULT CIRCUIT-INTERRUPTION

AFG ABOVE FINISHED GRADE

AH AMPERE HOUR

AHJ AUTHORITY HAVING JURISDICTION

AL ALUMINUM

AMP AMPERE

AMT AMOUNT

APPROX APPROXIMATE

AR AS REQUIRED

ART ARTICLE

AWG AMERICAN WIRE GAUGE

ASSY ASSEMBLY

AUTO AUTOMATIC

AUX AUXILIARY

AVG AVERAGE

AZ AZIMUTH
B

BESS BATTERY ENERGY STORAGE SYSTEM

BFBRKR BACKFED BREAKER

BLDG BUILDING

BNDG BONDING

BOT BOTTOM

BRKR BREAKER

BTWN BETWEEN
C

C CELSIUS

CB COMBINER BOX

CEC CALIFORNIA ELECTRICAL CODE

CENC CALIFORNIA ENERGY COMMISSION

CJ CONTROL JOINT

CKT BRKR CIRCUIT BREAKER

CL CENTER LINE

CMU CONCRETE MASONRY UNIT

CND CONDUIT

COMM COMMUNICATIONS

CONC CONCRETE

CONT CONTINUE

CT CURRENT TRANSFORMER

CTR CENTER

CU COPPER
D

DBL DOUBLE

DC DIRECT CURRENT

DCB DC COMBINER BOX

DCD DC COMBINER DISCONNECT

DET DETAIL

DIA DIAMETER

DIAG DIAGRAM

DIM DIMENSION

DISC DISCONNECT

DS DISCONNECT SWITCH

DWG DRAWING
E

EA EACH

EL ELEVATION

EJ EXPANSION JOINT

ELEC ELECTRIC

EMS ENERGY MANAGEMENT SYSTEM

EMT ELECTRICAL METALLIC TUBING

ENCL ENCLOSURE

ENT ELECTRICAL NONMETALLIC TUBING

EPB ELECTRICAL PANEL BOARD

EQ EQUAL

EQUIP EQUIPMENT

EQUIV EQUIVALENT

EST ESTIMATE

EXST EXISTING

EXST GR EXISTING GRADE

EXT EXTERIOR
F

F FAHRENHEIT

FF FINISH FLOOR

FIN GR FINISH GRADE

FLR FLOOR

FS FULL SCALE

FT FOOT, FEET

FU SW FUSED SWITCH
G

GALV GALVANIZED

GC GENERAL CONTRACTOR

GFCI GROUND FAULT CIRCUIT INTERRUPTER

GL GROUND LEVEL

GUT GUTTER
H

HAZ MAT HAZARDOUS MATERIALS

HDPE HIGH DENSITY POLYETHYLENE

HORIZ HORIZONTAL

HT HEIGHT

HVAC HEATING, VENTILATING, AND AIR CONDITIONING

HWY HIGHWAY
Hz HERTZ
I

ID IDENTIFICATION

IMC INTERMEDIATE METAL CONDUIT

INCL INCLUDED

INFO INFORMATION

INSTL INSTALL

INT INTERIOR

INV INVERTER
J

J JUNCTION BOX
K
kW KILOWATT
kWh KILOWATT HOUR
L

LA LIGHTNING ARRESTER

LAT LATITUDE

LP LIGHT POLE

LTD LIMITED

LTNG LIGHTNING
M

M METER

MATL MATERIAL

MAX MAXIMUM

MC METAL-CLAD

MCB MAIN CIRCUIT BREAKER

MECH MECHANICAL

MECH RM MECHANICAL ROOM

MFR MANUFACTURER

MH MANHOLE

MIN MINIMUM

MISC MISCELLANEOUS

MNCB MAIN COMBINER BOX

MOCP MAXIMUM OVERCURRENT PROTECTION

MTL METAL

MTLR METAL ROOF

MV MEDIUM VOLTAGE

MW MEGAWATT
MWh MEGAWATT HOUR
N

NA NOT APPLICABLE

NEC NATIONAL ELECTRICAL CODE

NEG NEGATIVE

NEUT NEUTRAL

NFSD NONFUSED

NGOM NET GENERATION OUTPUT METER

NIC NOT IN CONTRACT

NOCT NOMINAL OPERATING CELL TEMPERATURE

NTS NOT TO SCALE
O

OAE OR APPROVED EQUAL

OC ON CENTER

OCPD OVER CURRENT PROTECTION DEVICE

OD OUTSIDE DIAMETER, DIMENSION

OH OVERHEAD

OPP OPPOSITE

OPT OPTIONAL

OSHA OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION

OVC OVERCURRENT
P
P POLE

PAR PARAPET

PB PULL BOX

PERIM PERIMETER

PH PHASE

PKG PACKAGE

PM PHASE METER

PNL PANEL

POCC POINT OF COMMON COUPLING

POI POINT OF INTERCONNECTION

PRELIM PRELIMINARY

PTC PV FOR UTILITY SCALE APPLICATIONS TEST CONDITIONS

PV PHOTOVOLTAIC

PVC POLYVINYL CHLORIDE (PLASTIC)

PWR POWER
Q

QLTY QUALITY

QTY QUANTITY
R

RD ROOF DRAIN

REINF REINFORCE

REV REVISION

RFI REQUEST FOR INFORMATION

RFP REQUEST FOR PROPOSAL

RH ROOF HATCH

RST REINFORCING STEEL

RMC RIGID METAL CONDUIT

RTU ROOF TOP UNIT
S

SCHED SCHEDULE

SF SQUARE FOOT/FEET

SIM SIMILAR

SKLT SKYLIGHT

SS STANDING SEAM ROOF

SST STAINLESS STEEL

STC STANDARD TEST CONDITIONS

STD STANDARD

SW SWITCH

SWBD SWITCHBOARD

SYM SYMBOL
T

TBD TO BE DETERMINED

TEMP TEMPERATURE

TMP TEMPORARY

THWN MOISTURE AND HEAT RESISTANT THERMOPLASTIC

THRU THROUGH

TOP TOP OF PARAPET

TYP TYPICAL
U

UG UNDERGROUND

UGPB UNDERGROUND PULL BOX

UL UNDERWRITERS LABORATORIES

UNO UNLESS NOTED OTHERWISE

UP UTILITY POLE

UTIL UTILITY
V

V VOLTAGE

VAC VOLTS ALTERNATING CURRENT

VDC VOLTS DIRECT CURRENT

VD VOLTAGE DROP

VIF VERIFY IN FIELD

VOLT VOLTAGE

VRFY VERIFY

VS VENT STACK
W
W/WITH

W/O WITHOUT
W WATT
X

XFMR TRANSFORMER

XHHW MOISTURE RESISTANT THERMOSET

XLPE CROSS-LINKED POLYETHYLENE
STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\GI002 SYMBOLS AND ABBREVIATIONS.dwg 7/26/24 - 5:48pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
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AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

SYMBOLS AND

ABBREVIATIONS
GI002
SYMBOLS: ABBREVIATIONS:

Packet Page 537 of 634Attachment 2 Page 92 of 160

STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\GI003 GENERAL NOTES.dwg 7/26/24 - 5:48pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
D
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B
A
1 2 3 4 5 6
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C
B
A

30% SET
HoltRenewables, 2024

AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

GENERAL NOTES
GI003
GENERAL NOTES:

PROCEDURAL NOTES:

P1.PRIOR TO COMMENCEMENT OF ANY WORK, THE CONTRACTOR SHALL NOTIFY

HOLT OF ANY DISCREPANCIES DISCOVERED BETWEEN THESE PLANS AND THE SITE CONDITIONS; SUCH AS DIMENSIONS, EXISTING CONDITIONS, STRUCTURE,

ELECTRICAL RUNS (SPECIFY EXISTING ITEMS), WALLS, PARAPETS, FLASHING,

MANUFACTURER RECOMMENDATIONS OR CODES, REGULATIONS OR RULES OF AHJ.

P2. ALL DIMENSIONS OR EXISTING CONDITIONS MUST BE VERIFIED PRIOR TO COMMENCING WORK.

P3. THE CONTRACTOR IS RESPONSIBLE FOR ALL BRACING AND SHORING OF EQUIPMENT DURING INSTALLATION.

P4.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SAFETY PRECAUTIONS, OSHA REQUIREMENTS AND SAFETY MEASURES ON SITE. THE ENGINEER HAS NO

OVERALL SUPERVISORY AUTHORITY AND NO DIRECT RESPONSIBILITY FOR THE SPECIFIC WORKING CONDITIONS OR FOR POSSIBLE EXISTING HAZARDS.

P5. CONTRACTOR QUESTIONS SHALL BE SUBMITTED TO HOLT PRIOR TO MAKING ANY CHANGES. HOLT WILL PROVIDE RFI'S TO ENGINEER AND RFI RESPONSES TO CONTRACTOR AS REQUIRED. ALL DOCUMENT CONTROL WILL BE ADMINISTERED BY HOLT .

GENERAL NOTES:

G1. ALL WORK SHALL BE PERFORMED IN A SAFE, EFFICIENT, AND WORKMAN LIKE MANNER.

G2.THE ELECTRICAL CONTRACTOR IS RESPONSIBLE FOR INSTALLING ALL EQUIPMENT

AND FOLLOWING ALL MANUFACTURER'S OR ENGINEER'S DIRECTIONS AND INSTRUCTIONS SHOWN HERE.

G3.THE ELECTRICAL CONTRACTOR IS ADVISED THAT ALL DRAWINGS, COMPONENT

MANUALS, ESPECIALLY THE INVERTER MANUALS, ARE TO BE READ AND UNDERSTOOD PRIOR TO INSTALLATION OR ENERGIZING OF ANY EQUIPMENT. THE

CONTRACTOR IS ALSO ADVISED TO HAVE ALL COMPONENT SWITCHES IN THE OFF (OPEN) POSITION AND FUSES REMOVED PRIOR TO INSTALLATION OF FUSE-BEARING COMPONENTS.

G4. INSTALLATION CREW IS TO HAVE A MINIMUM OF ONE JOURNEYMAN LEVEL

ELECTRICIAN PER THREE APPRENTICE'S ON SITE AT ALL TIMES WHEN ELECTRICAL WORK IS BEING PERFORMED.

G5.CONTRACTOR SHALL HAVE A NABCEP-CERTIFIED INSTALLER DIRECTLY SUPERVISE ALL PV SYSTEM INSTALLATION WORK.

G6. FOR SAFETY IT IS RECOMMENDED THE INSTALLATION CREW ALWAYS HAVE A MINIMUM OF TWO PEOPLE WORKING TOGETHER.

G7.THIS SOLAR PHOTOVOLTAIC SYSTEM SHALL BE INSTALLED FOLLOWING THE CONVENTIONS OF THE CEC. ANY LOCAL CODE WHICH MAY SUPERSEDE THE CEC SHALL GOVERN.

G8.ALL COMPONENTS TO BE INSTALLED WITH THIS SYSTEM ARE TO BE LISTED BY A THIRD PARTY TESTING AGENCY (UL, ETL, ETC.). EQUIPMENT SHALL BE NEMA 3R OUTDOOR RATED OR BETTER, UNLESS LOCATED INDOORS.

G9.THE ENGINEER SPECIFIES THE MINIMUM REQUIRED EQUIPMENT AND

SPECIFICATIONS TO ACCOMPLISH THE PROJECT AND THE ELECTRICAL

CONTRACTOR IS RESPONSIBLE TO ENSURE THAT THESE SPECIFICATIONS ARE MET OR EXCEEDED WITH GOOD QUALITY EQUIPMENT, WORKMANSHIP AND SKILL.

G10.DC VOLTAGE FROM THE ARRAY IS ALWAYS PRESENT AT THE DC DISCONNECT

ENCLOSURE AND THE DC TERMINALS OF THE INVERTER DURING DAYLIGHT HOURS. ALL PERSONS WORKING ON OR INVOLVED WITH THIS PHOTOVOLTAIC

SYSTEM MUST BE WARNED THAT SOLAR MODULES ARE ENERGIZED WHEN EXPOSED TO DAYLIGHT. THE LINE AND LOAD TERMINALS ON THE DC

DISCONNECTS MAY BE ENERGIZED IN THE OPEN POSITION AND THE SWITCH IS TO BE LABELED TO COMPLY WITH ARTICLE 690.17 OF THE CEC.

G11. ALL PORTIONS OF THIS SOLAR ELECTRIC SYSTEM SHALL BE CLEARLY MARKED IN ACCORDANCE WITH CEC ARTICLE 690.

G12. FOR PROPER MAINTENANCE AND ISOLATION OF INVERTERS, REFER TO ISOLATION PROCEDURE IN INVERTER OPERATION MANUAL. CONTRACTOR PERFORMING THE MAINTENANCE IS RESPONSIBLE TO FOLLOW ALL LOCKOUT/TAGOUT PROCEDURES.

G13. THIS PHOTOVOLTAIC SYSTEM'S UTILITY INTERCONNECTION POINT SHALL MEET THE SPECIFIC REQUIREMENTS OF CEC ARTICLE 705.12. FOLLOW THE SPECIFIC INSTRUCTIONS IN THIS DRAWING SET TO MEET THIS CODE REQUIREMENT.

G14. THE GROUNDING OF THE PHOTOVOLTAIC SYSTEM SHALL COMPLY WITH CEC 690.45 AND CEC 690.47. IF THE REQUIREMENTS DESCRIBED IN THIS DRAWING SET ARE CLOSELY FOLLOWED, THE GROUNDING REQUIREMENT SHALL BE MET. ANY

CHANGES SHALL BE REVIEWED AND DEEMED ACCEPTABLE BY THE ENGINEER, MANUFACTURER AND LISTING AGENCY FOR PRODUCT SAFETY.

G15. ELECTRICAL CONTRACTOR SHALL COORDINATE EQUIPMENT ACCEPTANCE TESTING AND COMMISSIONING WITH HOLT .

G16. THE CONTRACTOR IS RESPONSIBLE FOR MOUNTING ALL EQUIPMENT PER THE ENGINEER'S REPORT OR MANUFACTURER'S SPECIFICATIONS. IF SPECIFICATIONS

ARE NOT APPARENT, THE CONTRACTOR SHALL USE DILIGENT EFFORTS TO

MOUNT EQUIPMENT SUCH THAT IT WILL BE CLEAN, LEVEL AND SOLID IN ORDER TO LAST THE LIFETIME OF THIS SOLAR ELECTRIC SYSTEM.

G17. ANY METAL SHAVINGS RESULTING FROM SITE WORK SHALL BE CLEANED FROM

ENCLOSURE INTERIORS, TOP SURFACES OF ENCLOSURES, THE GROUND

SURFACE, ROOFS AND ANY ADDITIONAL AREAS WHERE OXIDIZED OR

CONDUCTIVE METAL SHAVINGS MAY CAUSE RUST, ELECTRICAL SHORT CIRCUITS OR OTHER DAMAGE.

G18. THE ELECTRICAL CONTRACTOR SHALL CONSIDER THE WEATHERING OF

EQUIPMENT OVER TIME AND ELIMINATE THE POSSIBILITY OF DEGRADATION OF EQUIPMENT DUE TO WATER ENTRY AND UV EXPOSURE. AS A RESULT, HOLT

REQUIRES THE USE OF UNISTRUT OR SIMILAR MOUNTING SYSTEMS TO MOUNT

ENCLOSURES, PULL BOXES, LOAD CENTERS, FUSE BOXES OR OTHER EQUIPMENT TO ROOFTOPS AND WALLS TO PREVENT WATER BUILD-UP. WEEP HOLES SHALL

NOT BE PROVIDED IN ENCLOSURES THAT WOULD CAUSE A REDUCTION IN THE ENCLOSURES' NEMA RATING. SEALING CONDUIT WITH A FIRE RETARDANT FOAM

OR CAULK AT ENCLOSURE ENTRY POINTS IS RECOMMENDED TO MINIMIZE CONDENSATION AND PESTS IN ENCLOSURES. FOR CONDUIT LOCATIONS RUNNING

THROUGH WALLS FIRE RETARDANT FOAM OR CAULK MUST BE USED TO MAINTAIN THE CURRENT FIRE RATING OF THE WALL AND MUST COMPLY WITH UL 1479 & UL 723 STANDARDS FOR THROUGH PENETRATIONS.

G19. ALL MATERIAL SHALL BE NEW AND RATED FOR UV EXPOSURE WHERE EXPOSED TO SUNLIGHT.

G20. CONSTRUCTION STAGING OF CONCENTRATED LOADS ON ROOF SHALL BE MINIMIZED. SPECIAL ATTENTION SHALL BE PAID TO ROOF LOADING DURING

INSTALLATION SUCH THAT HEAVY ITEMS ARE NOT LOADED IN A MANNER THAT WOULD OVERLOAD THE ROOF.

G21. CONTRACTOR SHALL COORDINATE SOLAR ARRAY INSTALLATION WORK WHERE MINIMAL DAMAGE OCCURS TO LANDSCAPE. CONTRACTOR SHALL RESTORE ALL DAMAGED LANDSCAPE TO ORIGINAL CONDITION.

G22. CONTRACTOR SHALL RESTORE INTERIOR/EXTERIOR FINISHES TO ORIGINAL OR BETTER CONDITION.

G23.EXISTING TREES REMOVED AS PART OF CONSTRUCTION SHALL HAVE THEIR STUMPS GROUND TO 12" BELOW GRADE AND COVERED WITH NATIVE TOPSOIL.

TOPSOIL SHALL BE FILLED AND COMPACTED TO MATCH EXISTING GRADE.

G24. PROVIDE AND INSTALL GROUNDING TYPE BUSHING WITH GND WIRE TO ENCLOSURE ON ALL CONCENTRIC OR ECCENTRIC KNOCKOUTS.

ELECTRICAL NOTES:

E1. IN EVERY PULL BOX, TERMINAL BOX, AND AT ALL PLACES WHERE CONDUCTORS

MAY NOT BE READILY IDENTIFIED BY NAMEPLATE MARKINGS ON THE EQUIPMENT

TO WHICH THEY CONNECT, IDENTIFY EACH CIRCUIT WITH A PLASTIC LABEL OR TAG FOR NUMBER, POLARITY OR PHASE.

E2. THE LAYOUT OF CONDUIT SHOWN IN THESE PLANS IS INDICATIVE ONLY.

CONTRACTOR SHALL ROUTE AND LOCATE THE CONDUITS TO SUIT SITE

CONDITIONS BUT SHALL NOT EXCEED THE MAXIMUM CONDUCTOR LENGTHS IDENTIFIED ON THE CONDUCTOR SCHEDULE. CONTRACTOR SHALL COORDINATE ALL CHANGES IN CONDUCTOR AND CONDUIT WITH THE ENGINEER VIA AN RFI.

E3. WHERE CONDUCTOR AND CABLE ROUTING IS NOT SHOWN, AND DESTINATION

ONLY IS INDICATED, CONTRACTOR SHALL DETERMINE EXACT ROUTING AND LENGTHS REQUIRED. A SHOP DRAWING OF PROPOSED INSTALLATION SHALL BE SUPPLIED PRIOR TO INSTALLATION.

E4. BENDS SHALL NOT DAMAGE THE RACEWAY OR SIGNIFICANTLY CHANGE THE INTERNAL DIAMETER OF RACEWAYS (NO KINKS).

E5.SUPPORT CONDUCTORS IN VERTICAL CONDUITS IN ACCORDANCE WITH REQUIREMENTS IN CEC 300.19.

E6. INSTALL ALL CONDUCTOR MATERIALS IN A NEAT WORKMANLIKE MANNER. USE GOOD TRADE PRACTICES AS REQUIRED BY CHAPTER 3 OF THE CEC.

E7. INSTALL CONDUIT TO MAINTAIN PROPER CLEARANCES AND IN A NEAT INCONSPICUOUS MANNER. RUN PARALLEL AND AT RIGHT ANGLES TO STRUCTURAL MEMBERS OR OTHER CONDUITS. PROVIDE BOXES, FITTINGS AND BENDS FOR CHANGES IN DIRECTION. FASTEN CONDUIT SECURELY IN PLACE.

E8. SUPPORT CONDUIT USING STEEL PIPE STRAPS (OAE), LAY-IN ADJUSTABLE HANGERS, CLEVIS HANGERS OR SPLIT-HANGERS. HANGER SPACING SHALL BE

INSTALLED PER CEC REQUIREMENTS FOR THE TYPE OF CONDUIT BEING INSTALLED. USE APPROVED BEAM CLAMPS FOR CONNECTION TO STRUCTURAL MEMBERS.

E9.PROVIDE PULL, JUNCTION, OR CHRISTY BOXES WHERE REQUIRED TO FACILITATE

THE INSTALLATION OF CONDUCTOR IN ADDITION TO THOSE SHOWN ON THE DRAWINGS. BENDS IN CONDUITS BETWEEN PULL BOXES SHALL NOT EXCEED THE EQUIVALENT OF FOUR 90 DEGREE BENDS.

E10.RACEWAY EXPANSION FITTINGS SHALL BE INSTALLED TO ALLOW FOR THERMAL EXPANSION AND CONTRACTION WHERE NECESSARY, PER CEC 300.7(B).

MANUFACTURER INSTRUCTIONS SHALL BE FOLLOWED AND ALL ACCESSORIES SHALL BE INSTALLED TO ENSURE PROPER FUNCTIONING OF FITTINGS.

E11.WHEN FIELD CUTTING IS REQUIRED, THE CONDUIT SHALL BE CUT SQUARE AND DEBURRED.

E12. CONDUIT SIZES NOT SPECIFIED SHOULD CONFORM TO CEC SPECIFICATIONS, TO INCLUDE FILL FACTOR AND DERATING FOR NUMBER OF CONDUCTORS.

E13. THE POWER CONDUCTORS MINIMUM SIZE SHALL BE #12 AWG.

E14. SAFETY REGULATIONS (LOCK OUT - TAG OUT, ETC.) IS THE FULL RESPONSIBILITY OF THE CONTRACTOR DURING CONSTRUCTION.

E15. THE CONDUCTOR SIZE IS BASED ON THE ESTIMATED CONDUIT ROUTING AS SHOWN IN THIS DRAWING PACKAGE. SHOULD THE CONDUIT'S LENGTH INCREASE

DUE TO RELOCATION OF SOURCE AND/OR ROUTING, THE CONDUITS AND THE CONDUCTORS MAY NEED TO BE RESIZED. SUBCONTRACTOR SHALL CONTACT HOLT PRIOR TO MAKING ANY FIELD CHANGES.

E16. ALL CONDUCTORS IN CONDUIT SHALL BE THWN-2, XHHW-2, RHW-2,PVWIRE, OR XLPE. USE BARE COPPER FOR GROUND FOR ALL EXTERNAL GROUNDING. PVWIRE

OR APPROVED EQUIVALENT SHALL BE USED FOR ALL EXPOSED OR HOMERUN CONDUCTORS.

E17. FOR INTERCONNECTION VIA BUS TAP:

A. OVERCURRENT PROTECTION (SWITCHING DEVICE AND MEANS OF DISCONNECT) MUST BE LOCATED PER CEC 240.21.

B. THE CONDUCTORS SHALL BE CRIMPED WITH A CRIMP-ON TERMINAL LUG, MANUFACTURED BY ILSCO, BURNDY, OAE. THE TERMINAL LUG SHALL HAVE IDENTIFICATION OR COLOR CODING TO MATCH THE CONDUCTOR SIZE.

TERMINAL LUGS SHALL HAVE LONG BARRELS TO PROVIDE 2 CRIMPS PER TERMINAL LUG PER CONDUCTOR.

C. CRIMPED TERMINAL LUGS SHALL BE CONSTRUCTED OF PURE COPPER AND TIN-PLATED FOR HIGH CONDUCTIVITY AND RATED FOR 600V AT 90°C WHEN USED WITH COPPER CONDUCTORS.

D. THE CRIMP MUST BE MADE WITH THE MANUFACTURER'S APPROVED TOOL DEVICE TO ACHIEVE THE PROPER CRIMP CONNECTION.

E. USE STAINLESS STEEL HARDWARE WITH THE FASTENER TORQUED TO

MANUFACTURER'S RECOMMENDATIONS ON ALL THREE PHASES TO COMPLY WITH ARTICLE 110.14 OF THE CEC.

F. MINIMUM BEND RADIUS SHALL BE OBSERVED TO MAINTAIN GOOD

CONDUCTOR QUALITY AND CONDUCTOR MANAGEMENT IN THE LOAD
CENTER OR TRANSFORMER. IF THIS BEND RADIUS IS TOO CONSTRICTING, USE A 90°CRIMP-ON LUG MANUFACTURED BY ILSCO, BURNDY, OAE. 90°

CRIMP-ON LUG MUST BE INSTALLED WITH RATED INSULATION THAT MEETS OR EXCEEDS THE CONDUCTORS' INSULATION IT IS BEING USED WITH. IT IS

RECOMMENDED THAT ACCEPTABLE CLEARANCES ARE MAINTAINED WITH THIS BUS TAP FOR SAFE, CONTINUOUS OPERATION .

G. FOLLOW MANUFACTURER'S GUIDELINES, OR THE APPLICABLE AHJ, FOR MODIFICATION OF BUS BAR(S).

E18. ALL CONDUITS SHALL BE FREE OF ANY OBSTRUCTIONS AND PROPERLY SECURED BEFORE CONDUCTOR IS PULLED.

E19. ELECTRICAL CONTRACTOR SHALL PROVIDE SIGNAGE TO ALL ELECTRICAL BOXES,

JUNCTION BOXES, PULL BOXES, DC DISCONNECTS, CONDUIT RUNS, AC DISCONNECTS, SUB PANELS AND MAIN SERVICES PER CEC ARTICLE 690.

E20. THE ELECTRICAL CONTRACTOR SHALL PERFORM INITIAL HARDWARE CHECKS AND

CONDUCTOR CONDUCTIVITY CHECKS PRIOR TO TERMINATING ANY
CONDUCTORS. COMPLETE MEGGER (INSULATION RESISTANCE) TESTING IN

REFERENCE TO GROUND AND TO EACH CONDUCTOR IN THE SAME CONDUIT ON ALL AC AND DC POWER CONDUCTORS. VERIFY AND DOCUMENT A RESISTANCE OF AT LEAST 100MΩ ON EACH CONDUCTOR USING A 1000V RAMP-UP TEST FOR ONE MINUTE. DO NOT MEGGER THE SOLAR MODULES. MEGGERING IS INTENDED FOR ALL POWER CONDUCTORS INSTALLED BY THE ELECTRICAL CONTRACTOR.

E21. ENSURE THAT ANY EXISTING LIGHTNING PROTECTION AIR TERMINALS EXTEND A MINIMUM OF 10” ABOVE THE TOP OF THE PV MODULES. THIS CAN BE

ACCOMPLISHED BY EXTENDING THE EXISTING AIR TERMINAL OR BY INSTALLING A

NEW, TALLER AIR TERMINAL WITH RATINGS EQUIVALENT TO THE EXISTING AIR TERMINAL.

E22.TORQUE: ALL CONDUCTORS LANDING IN SCREW CONNECTIONS MUST BE PROPERLY TIGHTENED TO THE MANUFACTURER'S TORQUE REQUIREMENTS. ALL BOLTED CONDUCTOR TERMINATIONS MUST BE TORQUED TO THEIR RATED VALUE.

IT IS THE SUBCONTRACTOR'S RESPONSIBILITY TO ENSURE ALL CONDUCTORS

WITH TORQUE REQUIREMENTS HAVE BEEN MARKED WITH A PAINT PEN OR PERMANENT MARKER AT THE TIME THAT THE TORQUE TEST WAS DONE.

E23. ALL METALLIC ENCLOSURES SHALL BE GROUNDED PER CEC ART. 250.

E24.EQUIPMENT USED SHALL BE RATED FOR THE ENVIRONMENT IN WHICH IT IS BEING INSTALLED (I.E. NEMA 1, 3R, 4, 4X,12).

E25.CONTRACTOR SHALL COMPLY WITH THE GENERAL DC CONDUCTOR CONDUIT MAX FILL OUTLINED IN THE TABLE BELOW. A SINGLE #6 THWN-2 EGC HAS BEEN INCLUDED IN THE FILL CALCULATIONS.

E26.CONTRACTOR SHALL NOT USE IMPACT DRIVERS ON INVERTERS OR WIRING BOXES.

ROOFING AND SEALING NOTES: (IF APPLICABLE)
R1. A POLYURETHANE BASED ADHESIVE SHALL BE APPLIED TO ANY DRILLED HOLE FOR FASTENING.

R2. ALL STANDOFFS SHALL BE MADE WATERTIGHT USING APPROVED METHODS BY

THE ROOFING MATERIAL MANUFACTURER, DISTRIBUTOR OR ENGINEER OF RECORD.

R3. CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ANY TRANSITION MATERIAL WHERE A DIFFERENCE OF 14" OF HEIGHT OR MORE BETWEEN THE ROOF AND STANDOFF BASE.

R4. CONTRACTOR SHALL BE RESPONSIBLE FOR INSTALLATION OF RIGID FOAM OR

SPRAY FOAM TO FILL ANY VOID AROUND THE STANDOFF, FROM THE BASE UP TO 6" ABOVE THE ROOF.

MODULE INSTALLATION NOTES:

M1. REFER TO THE MODULE MANUAL FOR DETAILS ON RIGGING, UNPACKING, HANDLING, PLANNING, AND INSTALLATION.

M2. THE MODULES MAY BE SHIPPED WITH SEVERAL MODULES PER BOX. TAKE CARE

WHEN OPENING THE BOX TO ENSURE THAT ALL MODULES ARE SECURELY HANDLED.

M3. NEVER LEAVE A MODULE UNSUPPORTED OR UNSECURED. CONTRACTOR IS RESPONSIBLE FOR ALL MATERIAL HANDLING ON THE JOB SITE.

GENERAL SAFETY NOTE:

THE ARRAY LAYOUT INCORPORATES DESIGN CONSIDERATIONS SET-FORTH BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, THE CFC AND THE IFC.

THESE GUIDELINES INCLUDE OFFSETS AND AISLE-WAYS TO ACCOMMODATE MOVEMENT ACROSS THE ROOF-TOP IN THE EVENT OF A FIRE. THERE ARE ALSO CONSIDERATIONS FOR MAXIMUM DIMENSIONS OF A CONTINUOUS ARRAY OR SUB-ARRAY. SINCE PHOTOVOLTAIC (PV) SOURCE AND OUTPUT CIRCUITS WILL BE ENERGIZED AS LONG AS THERE IS VISIBLE

LIGHT, LABELING IS SPECIFIED IN THE PLANS TO DISTINGUISH PV CONDUITS FROM EXISTING SITE CONDUIT. BEYOND CAL-FIRE, THESE PLANS INCORPORATE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) GUIDELINES. THIS MAINLY PERTAINS TO MINIMUM OFFSETS FROM PARAPETS OR THE ROOF EDGE.

ELECTRICALLY, THE DESIGN SHALL MEET ALL EQUIPMENT WORKING CLEARANCES AS DEFINED IN CEC ARTICLE 110.26 AS WELL AS CAREFUL CONSIDERATION OF EGRESS PATHS WHEN EQUIPMENT DOORS ARE OPENED. EQUIPMENT ELEVATION DRAWINGS INCORPORATE

TRUE-SCALED DIMENSIONS OF TRADE-SIZE CONDUIT BODIES AND SWEEPS TO ENSURE PROPER CONDUCTOR BEND RADII. THIS MEASURE WILL ENSURE THAT THE CORRECT CONDUIT FITTING WILL FIT THE ALLOTTED SPACE. FURTHER, ALL EQUIPMENT SPECIFIED SHALL BE LISTED BY A NATIONALLY RECOGNIZED TEST LAB (UL, IEEE, ETC.).

THE PLANS ALSO INCORPORATE EQUIPMENT AND GROUNDING DETAILS TO ENSURE

PROPER INSTALLATION AS WELL AS A COMPLETE SHEET OF THE REQUIRED LABELS AND MARKINGS. THE LABELS ADDRESS PERTINENT ARTICLES OF THE CEC AS WELL AS

STANDARDS ADOPTED FROM PAST PROJECTS WITH VARIOUS UTILITY COMPANIES AND LOCAL AUTHORITIES HAVING JURISDICTION.
10 AWG PV WIRE CONDUIT FILL
CONDUIT SIZE EMT IMC RMC PVC40 HDPE LFMC
3/4"2 3 2 2 2 2
1"5 5 5 4 4 5
1-1/4"9 10 9 9 9 9
1-1/2"13 14 13 12 12 12
2"22 24 22 22 22 21
2-1/2"40 34 33 31 31 33
Packet Page 538 of 634Attachment 2 Page 93 of 160

STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\WI101 SITE PLAN.dwg 7/26/24 - 5:48pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
D
C
B
A
1 2 3 4 5 6
E
D
C
B
A

30% SET
HoltRenewables, 2024

AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

GENERAL SHEET NOTES

1.ALL DIMENSIONS ARE APPROXIMATE AND MUST BE FIELD
VERIFIED.

2.CONDUIT AND PULL BOXES SHALL BE INSTALLED IN
ACCORDANCE WITH THE FOLLOWING NEC ARTICLES: 342.26
FOR IMC, 344.26 FOR RMC, 352.26 FOR PVC, 353.26 FOR
HDPE, 358.26 FOR EMT CONDUIT, AND 314.28-314.30 FOR
PULLBOXES.

3.IMPACT DRIVERS ARE NOT APPROVED FOR USE ON
INVERTERS OR WIRING BOXES.

SHEET KEYNOTES

1.INVERTERS AND OTHER PV EQUIPMENT AT ARRAY SHALL BE
RACK MOUNTED.

2.SWITCHGEAR, TRANSFORMER, AND BESS ARE TO BE PAD
MOUNTED.

3.THIS AREA HAS BEEN DESIGNATED AS A WETLAND
MITIGATION ZONE. ALL WORK FOR THE SCOPE OF THIS

PROJECT IS TO AVOID THIS AREA AND LEAVE IT
UNDISTURBED.

SITE PLAN
WI101.1
SCALE: 1/64" = 1'-0"
SITE PLANA1
TRUE
NORTH
SCALE: NTS
SITE PLAN - SUMMARYD3

PV SOLAR SYSTEM SUMMARY
(TOTAL MODULE COUNT) MODULE MANF. & MODEL NUMBER / STC DC RATING (3000) QCELLS Q.PEAK DUO XL-G11S.3/BFG 595, 595W PLUS (10) DUMMY MODULES
TOTAL STRINGS OF MODULES PER STRING 120 STRINGS OF 25 MODULES

PV ARRAY RACKING STYLE / MANUFACTURER AND MODEL FIXED-TILT GROUND MOUNT / TERRASMART GLIDE AGILE TOTAL STC DC SYSTEM SIZE 1785.00 kW
(TOTAL INVERTER COUNT) INVERTER MANF. AND MODEL (5) CHINT CPS SCH275KLT-DO/US-800-36, 250kW AC INVERTER CEC EFFICIENCY 98.5% (275kW)
SITE LATITUDE 38° 16' 33" N
ARRAY AZIMUTH / MODULE TILT 180°/ 20°
ASHRAE DESIGN TEMPERATURE EXTREME MIN. / 2% HIGH -3°C/36°C INTERCONNECTION VOLTAGE 480 VAC 3ɸ
INTERCONNECTION OCPD RATING 3000A

INTERCONNECTION TYPE LINE-SIDE TAP AT SOLAR READY BREAKER

PV ARRAY A
(1202) MODULES (2 DUMMIES)
(2) CHINT INVERTERS
(1) CHINT AC COMBINERS
(FIXED-TILT GROUND MOUNT)

PV EQUIPMENT AT INTERCONNECTION
(1) AC UTILITY DISCONNECT
(PAD MOUNTED)

PV EQUIPMENT FOR INTERCONNECTION
(1) PV TRANSFORMER
(2) SOCOMEC SUNSYS HES L BESS UNITS
(1) AC SWITCHGEAR
(1) PV METER
(PAD MOUNTED)
UG AC CONDUIT RUN (TYP.)
1 2
2 (3) EXISTING CONDUITS IN JOINT TRENCH;

FIBER, WATER, & ELECTRICAL

JOINT TRENCH CROSSING

WETLAND MITIGATION ZONE

TO BE AVOIDED
3 NEW 12' WIDE GRAVEL ACCESS PATH

PV ARRAY B
(1808) MODULES (8 DUMMIES)
(3) CHINT INVERTERS
(1) CHINT AC COMBINERS
(FIXED-TILT GROUND MOUNT)
1 Packet Page 539 of 634Attachment 2 Page 94 of 160

STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\WI101 SITE PLAN.dwg 7/26/24 - 5:48pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
D
C
B
A
1 2 3 4 5 6
E
D
C
B
A

30% SET
HoltRenewables, 2024

AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

GENERAL SHEET NOTES

1.ALL DIMENSIONS ARE APPROXIMATE AND MUST BE FIELD
VERIFIED.

3.IMPACT DRIVERS ARE NOT APPROVED FOR USE ON
INVERTERS OR WIRING BOXES.

SHEET KEYNOTES

1.INVERTERS AND OTHER PV EQUIPMENT AT ARRAY SHALL BE
RACK MOUNTED.

2.SWITCHGEAR, TRANSFORMER, AND BESS ARE TO BE PAD
MOUNTED.

3.THIS AREA HAS BEEN DESIGNATED AS HAVING AQUATIC
RESOURCES THAT ARE TO BE PROTECTED. ALL WORK FOR

THE SCOPE OF THIS PROJECT IS TO AVOID THIS AREA AND
LEAVE IT UNDISTURBED. NO UNDERGROUND LINES ARE TO
BE RUN THROUGH THESE AREAS.

SITE PLAN -
ARRAY
WI101.2
SCALE: 1" = 40'-0"
SITE PLAN - ARRAYA1
TRUE
NORTH
PV SWITCHGEAR 02
(1) AC RECOMBINER
(1) SERVICE DISCONNECT
(1) DAS ENCLOSURE
(PAD MOUNTED)
30' ACCESS GATE
INV.01, INV.02, ACC.01
2 PV ARRAY B
(1808) MODULES (8 DUMMIES)
(3) CHINT INVERTERS
(1) CHINT AC COMBINERS
(FIXED-TILT GROUND MOUNT)
1 INV.03, INV.04, INV.05, ACC.02
1 1
UG AC
CONDUIT RUN (TYP.)

AQUATIC RESOURCES AREA

TO BE AVOIDED
3 AQUATIC RESOURCES AREA

TO BE AVOIDED
3 DRAINAGE WITH HYDROPHYTIC VEGETATION
& 25' VEGETATED BUFFER

TO BE AVOIDED
3 (2) UP X (25) WIDE ROW
(2) UP X (25) WIDE ROW
(2) UP X (100) WIDE ROW

AQUATIC RESOURCES AREA

TO BE AVOIDED
3 (3) EXISTING CONDUITS IN JOINT TRENCH;

FIBER, WATER, & ELECTRICAL

JOINT TRENCH CROSSING

NEW CHAIN-LINK FENCE
APPROX. 1550'

NEW CHAIN-LINK FENCE
APPROX. 1710'

PV ARRAY A
(1202) MODULES (2 DUMMIES)
(2) CHINT INVERTERS
(1) CHINT AC COMBINERS
(FIXED-TILT GROUND MOUNT)
1 (2) UP X (50) WIDE ROW
(2) UP X (75) WIDE ROW
(2) UP X (100) WIDE ROW
(2) UP X (125) WIDE ROW
(2) UP X (150) WIDE ROW

AQUATIC RESOURCES AREA

TO BE AVOIDED
3 (2) UP X (63) WIDE ROW
(2) UP X (50) WIDE ROW
(2) UP X (63) WIDE ROW
(2) UP X (13) WIDE ROW
(2) UP X (63) WIDE ROW
(2) UP X (25) WIDE ROW
(2) UP X (50) WIDE ROW
DUMMY MODULE (TYP. OF 10)
30' ACCESS
GATE
15 FOOT BUFFER
(2) UP X (75) WIDE ROW
(2) UP X (38) WIDE ROW
(2) UP X (13) WIDE ROW
Packet Page 540 of 634Attachment 2 Page 95 of 160

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AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\WI101 SITE PLAN.dwg 7/26/24 - 5:48pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
D
C
B
A
1 2 3 4 5 6
E
D
C
B
A

30% SET
HoltRenewables, 2024

AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

GENERAL SHEET NOTES

1.ALL DIMENSIONS ARE APPROXIMATE AND MUST BE FIELD
VERIFIED.

3.IMPACT DRIVERS ARE NOT APPROVED FOR USE ON
INVERTERS OR WIRING BOXES.

SHEET KEYNOTES

1.SWITCHGEAR, TRANSFORMER, AND BESS ARE TO BE PAD
MOUNTED.

SITE PLAN - POI
WI101.3
SCALE: 3/32" = 1'-0"
SITE PLAN - POIA1
TRUE
NORTH

PV EQUIPMENT FOR INTERCONNECTION
(1) AC SWITCHGEAR
(1) PV METER
(PAD MOUNTED)

PV EQUIPMENT FOR INTERCONNECTION
(1) PV TRANSFORMER
(PAD MOUNTED)

PV EQUIPMENT FOR INTERCONNECTION
(1) SOCOMEC SUNSYS HES L BESS UNIT 01, 250kW
(PAD MOUNTED)

PV EQUIPMENT AT INTERCONNECTION
(1) AC UTILITY DISCONNECT
(PAD MOUNTED)

INTERCONNECTION AT MAIN

SWITCHGEAR IN ELECTRICAL ROOM

UTILIZE CONDUITS DESIGNATED FOR SOLAR
1 1
1 1

NEW CHAIN-LINK FENCE
APPROX. 150'

PV EQUIPMENT FOR INTERCONNECTION
(1) SOCOMEC SUNSYS HES L BESS UNIT 02, 200kW
(PAD MOUNTED)
1 EXISTING WEATHER STATION

TO BE RELOCATED
EXISTING 12" WATER LINE

TO BE RELOCATED

PG&E UTILITY TRANSFORMER
NEW 12' WIDE GRAVEL ACCESS PATH
Packet Page 541 of 634Attachment 2 Page 96 of 160

PHOTOVOLTAIC ARRAY
(3000) QCELLS Q.PEAK DUO XL-G11SS.3/BFG 595, 595W MODULES, OAE (120) STRINGS OF (25) MODULES
(5) CHINT CPS SCH275KTL-DO/US-800-36 INVERTERS - 250KW AC SELECTED RACKING SHALL BE UL 2703 LISTED AS AN EGC
BARE 6 AWG EGC ATTACHED TO RAIL ENDS WITH WEEB LUGS
1500V PV WIRE FOR ALL SOURCE WIRING

GROUND RING (TYP)
2 4
PV SWITCHGEAR (SWGR.02)
800V, 1400A BUS (OAE),
NEMA 3R, 3ɸ, 3W , 65 KAIC
PER CEC 705.12(B)(3)(3)

SERVICE ENTRY RATED

PAD MOUNTED
1400A FUSES

BOLTED PRESSURE SWITCH
GFCI PER CEC 230.95
(WITH VIEWING WINDOW IF

REQUIRED BY AHJ)
7 500A/3P
SECTION 2 - ACRC
(1) 750A, 3P BREAKER
(1) 500A, 3P BREAKER
(2) 20A, 3P BREAKERS
(1) 20A, 2P BREAKER

WEATHER

STATION
(AT ARRAY)
IGHI
IPOA
TAMB.

TCELL
VWIND
RS-485 IN 1" EMT/PVC40 ~315'
RS-485 IN 1" EMT/PVC40 ~60' (POWER)
K
J

MONITORING BOX
24DC/800V

GSM CELL

MODEM DAS POWER
(2+G) #12AWG THWN-2
M
DATA
LOGGER

VOLTAGE SENSING
(3+G) 12 AWG THWN-2

PRODUCTION MEASUREMENT (PV)
(6+G) 12 AWG CT CABLE
20A/2P
20A/3P
20A/3P
SURGE

ARRESTOR

EXOTHERMIC BOND (TYP)
(1) 3/4" X 10' GROUNDING

ELECTRODES (TYP OF ALL

GROUND RODS)

GROUND ROD

GROUND ROD
RS-485 IN 1" EMT/PVC40 ~60' (DATA)
M

PRODUCTION MEASUREMENT (BESS)
(3+G) 12 AWG THWN-2, IN 1" PVC40 ~870'
TO BESS.01,
SEE SHEET WP601.2
SECTION 1 - SERVICE
DISCONNECT ACD.02
750A/3P
CHINT SCA275KTL-DO/US-800-36
800V 3PH-3W-198.5A AC OUTPUT,

DC & AC SURGE ARRESTORS,

AFCI - RACK MOUNTED
1 3
DC
AC
25A(TYP)

GFDI COMM
INV.01
198.5A
1 3 9 10 11
A
1 2 25
# OF MODULES IN SERIES

18.8A
(4) ADDITIONAL

INVERTERS
IDENTICAL TO INV.01
B 12

TO MV XFMR,
SEE SHEET WP601.3
5 (1) 1" EMT APPROX 10'
24 STRINGS

PER INVERTER
AC COMBINER (ACC.01)
800V, 1000A BUS (OAE)
NEMA 3R, 3W, FUSED 800A

DISCONNECT
CEC 705.12(B)(3)(3)

RACK MOUNTED
397.0A
G
12 198.5AINV.02
C
12 AC COMBINER (ACC.02)
800V, 1000A BUS (OAE)
NEMA 3R, 3W, FUSED 800A

DISCONNECT
CEC 705.12(B)(3)(3)

RACK MOUNTED
595.5A
H
12 198.5AINV.04
E
12 198.5AINV.05
F
12 12
13 PRODUCTION MEASUREMENT (BESS)
(3+G) 12 AWG THWN-2, IN 1" PVC40 ~870'
TO BESS.02,
SEE SHEET WP601.2
198.5AINV.03
D
TO INV.01 - INV.02
RS-485 IN 1" EMT/PVC40 ~80'TO INV.03 - INV.05
STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\WP601 ELECTRICAL SLD.dwg 7/26/24 - 5:48pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
D
C
B
A
1 2 3 4 5 6
E
D
C
B
A

30% SET
HoltRenewables, 2024

AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

ELECTRICAL SLD -
PV
WP601.1
SCALE: NTS
ELECTRICAL SLD - PVA1

GENERAL SHEET NOTES

SHEET KEYNOTES

1.CONDUIT ABOVE GRADE SHALL BE EMT. ALL CONDUIT BELOW
GRADE SHALL BE PVC OR HDPE WITH RMC RISER. USE
SCHEDULE 40 FOR BELOW GRADE CONDUIT RUN UNDER
GRASSY AREAS.

2.ALL COPPER (CU) CONDUCTORS IN CONDUIT SHALL BE
THWN-2 OR XLPE. ALL EXPOSED CONDUCTORS SHALL BE
PVWIRE. ALL ALUMINUM (AL) CONDUCTORS IN CONDUIT
SHALL BE XHHW-2, OR XLPE.

3.ALUMINUM CONDUCTORS SHALL BE BRUSHED AND TREATED
WITH ANTIOXIDANT COMPOUND AT TERMINAL POINTS.

4.TORQUE: ALL CONDUCTORS LANDING IN SCREW

CONNECTIONS MUST BE PROPERLY TIGHTENED TO THE
MANUFACTURER'S TORQUE REQUIREMENTS. ALL BOLTED

CONDUCTOR TERMINATIONS MUST BE TORQUED TO THEIR
RATED VALUE. IT IS THE SUBCONTRACTOR'S

RESPONSIBILITY TO ENSURE ALL CONDUCTORS WITH

TORQUE REQUIREMENTS HAVE BEEN MARKED WITH A PAINT

PEN OR PERMANENT MARKER AT THE TIME THAT THE
TORQUE TEST WAS DONE.

5.SOLAR ENERGY PRODUCTION MONITORING SHALL BE
INSTALLED AT INTERCONNECTION.

6.IMPACT DRIVERS ARE NOT APPROVED FOR USE ON
INVERTERS OR WIRE BOXES.

1.EQUIPMENT SHALL BE INSTALLED AND LABELED IN

ACCORDANCE WITH THE CEC AND ALL APPLICABLE

REQUIREMENTS OF THE SERVING UTILITY COMPANY AND
LOCAL AUTHORITY HAVING JURISDICTION (AHJ).

2.DISCONNECTS MUST COMPLY WITH CEC 690.15 AND PROVIDE
WARNING SIGN PER CEC 690.13.

3.LISTING AGENCY NAMES AND NUMBERS TO BE INDICATED ON
POWER INVERTER AND SOLAR MODULES PER CEC 110.3(B).

4.LABELED "PHOTOVOLTAIC SYSTEM AC COMBINER."

5.UTILITY METER LABELED "PHOTOVOLTAIC SYSTEM
MONITOR.” CT COMPARTMENT PER EUSERC 322, 330. METER
DOOR PER EUSERC 333. METER SOCKET IS 15J.

6.LABELED “PHOTOVOLTAIC SYSTEM UTILITY DISCONNECT”

SWITCH TO BE VISUAL OPEN AND ACCESSIBLE AND
CONFORM TO CEC 705.22.

7.LABELED “WARNING: THIS PANEL SUPPLIED BY MULTIPLE
SOURCES OF POWER: 1. UTILITY POWER, 2. PHOTOVOLTAIC
SYSTEM - DISCONNECT ALL SOURCES BEFORE SERVICING.”

8.POINT OF INTERCONNECTION SHALL BE IN ACCORDANCE
WITH CEC 705.11.

9.PROVIDE IDENTIFICATION ALONG WITH POSITIVE & NEGATIVE CONDUCTORS PER CEC 210.5(C)(2).

10.MINIMUM BENDING RADIUS OF PHOTOVOLTAIC MODULE

LEADS SHALL CONFORM WITH MINIMUM BENDING RADIUS

SET FORTH BY THE MODULE MANUFACTURER OR ARTICLE
338.24, WHICHEVER IS MORE STRINGENT.

11.MATING CONNECTORS FOR PV SOURCE CIRCUITS, PV

JUMPER CABLES, AND MODULE LEVEL POWER ELECTRONICS

TO BE LISED AND IDENTIFIED FOR INTERMATABILITY, AS
DESCRIBED IN MANUFACTURER'S INSTRUCTIONS. MATING

CONNECTORS THAT ARE NOT LISTED ARE NOT TO BE
UTILIZED FOR PROJECT.

12.AC POWER CONDUITS TO CONVEY (3) CURRENT CARRYING
CONDUCTORS AND AN EGC. NO NEUTRAL REQUIRED.

13.ALL INVERTERS ARE TO HAVE THE MAX 250kW AC OUTPUT
OPTION SELECTED. REFER TO INVERTER DATA SHEET ON
SHEET WK801.

Packet Page 542 of 634Attachment 2 Page 97 of 160

SOCOMEC SUNSYS HES L BESS.01
480V, 250kW/930kWh,
250kVA RATED, NEMA 3R

PAD MOUNTED

EXOTHERMIC BOND (TYP)
3/4" X 10' GROUNDING

ELECTRODES (TYP)

GROUND ROD

GROUND ROD
301.0AM
TO SWGR.01,
SEE SHEET WP601.3
BATTERY CABINET 5 INVERTER
DC
AC
COMM
250kW,
480V, 3P, 3W
BATTERY CABINET 4BATTERY CABINET 3BATTERY CABINET 2BATTERY CABINET 1

TO MONITORING,
SEE SHEET WP601.1
241.0AN
TO SWGR.01,
SEE SHEET WP601.3
BATTERY CABINET 5 INVERTER
DC
AC
COMM
200kW,
480V, 3P, 3W
BATTERY CABINET 4BATTERY CABINET 3BATTERY CABINET 2BATTERY CABINET 1

TO MONITORING,
SEE SHEET WP601.1

GROUND ROD
SOCOMEC SUNSYS HES L BESS.02
480V, 200kW/930kWh,
200kVA RATED, NEMA 3R

PAD MOUNTED

PHOTOVOLTAIC ARRAY
(3000) QCELLS Q.PEAK DUO XL-G11S.3/BFG 595, 595W MODULES, OAE (120) STRINGS OF (25) MODULES
(5) CHINT CPS SCH275KTL-DO/US-800-36 INVERTERS - 250KW AC SELECTED RACKING SHALL BE UL 2703 LISTED AS AN EGC
BARE 6 AWG EGC ATTACHED TO RAIL ENDS WITH WEEB LUGS
1500V PV WIRE FOR ALL SOURCE WIRING

BATTERY ENERGY STORAGE SYSTEM
(1) SOCOMEC SUNSYS-HES-L (C-CAB + 5 PWR MOD + 5 B-CAB) [480V] [SI1-JUN20] + DIRIS DIGIWARE [CRD-PCS NEM] (1) SOCOMEC SUNSYS-HES-L (C-CAB + 4 PWR MOD + 5 B-CAB) [480V] [SI1-JUN20] + DIRIS DIGIWARE [CRD-PCS NEM]STAMP: PROJECT:1301 Cap. O TX Hwy S #B315 Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\WP601 ELECTRICAL SLD.dwg 7/26/24 - 5:49pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
D
C
B
A
1 2 3 4 5 6
E
D
C
B
A

30% SET
HoltRenewables, 2024

AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

ELECTRICAL SLD -
BESS
WP601.2
SCALE: NTS
ELECTRICAL SLD - BESSA1

GENERAL SHEET NOTES

SHEET KEYNOTES

1.CONDUIT ABOVE GRADE SHALL BE EMT. ALL CONDUIT BELOW
GRADE SHALL BE PVC OR HDPE WITH RMC RISER. USE
SCHEDULE 40 FOR BELOW GRADE CONDUIT RUN UNDER
GRASSY AREAS.

2.ALL COPPER (CU) CONDUCTORS IN CONDUIT SHALL BE
THWN-2 OR XLPE. ALL EXPOSED CONDUCTORS SHALL BE
PVWIRE. ALL ALUMINUM (AL) CONDUCTORS IN CONDUIT
SHALL BE XHHW-2, OR XLPE.

3.ALUMINUM CONDUCTORS SHALL BE BRUSHED AND TREATED
WITH ANTIOXIDANT COMPOUND AT TERMINAL POINTS.

4.TORQUE: ALL CONDUCTORS LANDING IN SCREW

CONNECTIONS MUST BE PROPERLY TIGHTENED TO THE
MANUFACTURER'S TORQUE REQUIREMENTS. ALL BOLTED

CONDUCTOR TERMINATIONS MUST BE TORQUED TO THEIR
RATED VALUE. IT IS THE SUBCONTRACTOR'S

RESPONSIBILITY TO ENSURE ALL CONDUCTORS WITH

TORQUE REQUIREMENTS HAVE BEEN MARKED WITH A PAINT

PEN OR PERMANENT MARKER AT THE TIME THAT THE
TORQUE TEST WAS DONE.

5.SOLAR ENERGY PRODUCTION MONITORING SHALL BE
INSTALLED AT INTERCONNECTION.

6.IMPACT DRIVERS ARE NOT APPROVED FOR USE ON
INVERTERS OR WIRE BOXES.

1.EQUIPMENT SHALL BE INSTALLED AND LABELED IN

ACCORDANCE WITH THE CEC AND ALL APPLICABLE

REQUIREMENTS OF THE SERVING UTILITY COMPANY AND
LOCAL AUTHORITY HAVING JURISDICTION (AHJ).

2.DISCONNECTS MUST COMPLY WITH CEC 690.15 AND PROVIDE
WARNING SIGN PER CEC 690.13.

3.LISTING AGENCY NAMES AND NUMBERS TO BE INDICATED ON
POWER INVERTER AND SOLAR MODULES PER CEC 110.3(B).

4.LABELED "PHOTOVOLTAIC SYSTEM AC COMBINER."

5.UTILITY METER LABELED "PHOTOVOLTAIC SYSTEM
MONITOR.” CT COMPARTMENT PER EUSERC 322, 330. METER
DOOR PER EUSERC 333. METER SOCKET IS 15J.

6.LABELED “PHOTOVOLTAIC SYSTEM UTILITY DISCONNECT”

SWITCH TO BE VISUAL OPEN AND ACCESSIBLE AND
CONFORM TO CEC 705.22.

7.LABELED “WARNING: THIS PANEL SUPPLIED BY MULTIPLE
SOURCES OF POWER: 1. UTILITY POWER, 2. PHOTOVOLTAIC
SYSTEM - DISCONNECT ALL SOURCES BEFORE SERVICING.”

8.POINT OF INTERCONNECTION SHALL BE IN ACCORDANCE
WITH CEC 705.11.

9.PROVIDE IDENTIFICATION ALONG WITH POSITIVE & NEGATIVE CONDUCTORS PER CEC 210.5(C)(2).

10.MINIMUM BENDING RADIUS OF PHOTOVOLTAIC MODULE

LEADS SHALL CONFORM WITH MINIMUM BENDING RADIUS

SET FORTH BY THE MODULE MANUFACTURER OR ARTICLE
338.24, WHICHEVER IS MORE STRINGENT.

11.MATING CONNECTORS FOR PV SOURCE CIRCUITS, PV

JUMPER CABLES, AND MODULE LEVEL POWER ELECTRONICS

TO BE LISED AND IDENTIFIED FOR INTERMATABILITY, AS
DESCRIBED IN MANUFACTURER'S INSTRUCTIONS. MATING

CONNECTORS THAT ARE NOT LISTED ARE NOT TO BE
UTILIZED FOR PROJECT.

12.AC POWER CONDUITS TO CONVEY (3) CURRENT CARRYING
CONDUCTORS AND AN EGC. NO NEUTRAL REQUIRED.

13.ALL INVERTERS ARE TO HAVE THE MAX 250kW AC OUTPUT
OPTION SELECTED. REFER TO INVERTER DATA SHEET ON
SHEET WK801.

Packet Page 543 of 634Attachment 2 Page 98 of 160

800V 480V

PV TRANSFORMER
1500kVA, NEMA 3R, D-YG,
Z = 5.75%, X/R = 7.5

PAD MOUNTED
PVXFMR.01
Bay-O-Net
2500A
480V (8.4 MCOV)

LIGHTNING ARRESTOR
#4/0 Cu BOND TO

GROUND RING (TYP)EXOTHERMIC BOND (TYP)
(1) 3/4" X 10' GROUNDING

ELECTRODES (TYP OF ALL

GROUND RODS)

GROUND ROD

GROUND ROD
992.5AK
MAIN

BREAKER
3000AF, 3000AT,

ELECTRONIC TRIP,
480V, 65kAIC

GFCI PER
CEC 230.95
SECTION 1 - MAIN

BREAKER
2500AS
2500AF
3P
(WITH

VIEWING

WINDOW IF

REQUIRED

BY AHJ)
SECTION 4 -

PV SERVICE
FUSED

DISCONNECT
400AF
350AT
3P
1654.9AL
241.0AN

TO PV SWITCHGEAR,
SEE SHEET WP601.01
TO BESS.02,
SEE SHEET WP601.2

UTILITY

SERVICE
480V
480VAC, 3PH, 4W
4000A BUS, 4000A MAIN (EXST)
7 MSB

EXISTING
LOADS
(EXST)

EXISTING

PG&E METER
#1010078883
M
8 UTILITY TRANSFORMER

INTERCONNECTION
- 3000A, 480VAC, 3ɸ
- LINE-SIDE TAP VIA

SOLAR READY

BREAKER SECTION
- PER CEC 705.11
3000AF
3000AT
3PQ
2500AF
2000AT
3P
MTS
TO EXISTING 1250kW

GENERATOR

PV UTILITY DISCONNECT

EATON PRINGLE BOLTED PRESSURE
SWITCH CB-30-3-4-B-120-480-G, OAE
480V, 3000A FUSIBLE W/ 3000A FUSES,
NEMA 3R, 3P, 4W, VIEWABLE, LOCKABLE,
PAD MOUNTED WITHIN 10' OF

INTERCONNECTION
2 6
3000A
ACD.01
PV & BESS SWITCHGEAR (SWGR.01)
480V, 3200A BUS (OAE),
NEMA 3R, 3ɸ, 4W , 65 KAIC
PER CEC 705.12(B)(3)(3)

SERVICE ENTRY RATED

PAD MOUNTED
7 4000AF
4000AT
3P
P
2196.9A
LSIG
2196.9A
SECTION 2 -

BESS SERVICE

BREAKERS
400AF
400AT
3P
301.0AM
TO BESS.01,
SEE SHEET WP601.2
2500AS
2500AF
3P
M
NGOM

PER PG&E
SPECS
SECTION 3 -

PV METER
480V, 2500A, 3ɸ
5 PHOTOVOLTAIC ARRAY
(3000) QCELLS Q.PEAK DUO XL-G11S.3/BFG 595, 595W MODULES, OAE (120) STRINGS OF (25) MODULES
(5) CHINT CPS SCH275KTL-DO/US-800-36 INVERTERS - 250KW AC SELECTED RACKING SHALL BE UL 2703 LISTED AS AN EGC
BARE 6 AWG EGC ATTACHED TO RAIL ENDS WITH WEEB LUGS
1500V PV WIRE FOR ALL SOURCE WIRING

MAIN BREAKER FOR

SERVICE OF METER
#1010078883
STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\WP601 ELECTRICAL SLD.dwg 7/26/24 - 5:48pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
D
C
B
A
1 2 3 4 5 6
E
D
C
B
A

30% SET
HoltRenewables, 2024

AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

ELECTRICAL SLD -
POI
WP601.3
SCALE: NTS
ELECTRICAL SLD - POIA1

GENERAL SHEET NOTES

SHEET KEYNOTES

1.CONDUIT ABOVE GRADE SHALL BE EMT. ALL CONDUIT BELOW
GRADE SHALL BE PVC OR HDPE WITH RMC RISER. USE
SCHEDULE 40 FOR BELOW GRADE CONDUIT RUN UNDER
GRASSY AREAS.

2.ALL COPPER (CU) CONDUCTORS IN CONDUIT SHALL BE
THWN-2 OR XLPE. ALL EXPOSED CONDUCTORS SHALL BE
PVWIRE. ALL ALUMINUM (AL) CONDUCTORS IN CONDUIT
SHALL BE XHHW-2, OR XLPE.

3.ALUMINUM CONDUCTORS SHALL BE BRUSHED AND TREATED
WITH ANTIOXIDANT COMPOUND AT TERMINAL POINTS.

4.TORQUE: ALL CONDUCTORS LANDING IN SCREW

CONNECTIONS MUST BE PROPERLY TIGHTENED TO THE
MANUFACTURER'S TORQUE REQUIREMENTS. ALL BOLTED

CONDUCTOR TERMINATIONS MUST BE TORQUED TO THEIR
RATED VALUE. IT IS THE SUBCONTRACTOR'S

RESPONSIBILITY TO ENSURE ALL CONDUCTORS WITH

TORQUE REQUIREMENTS HAVE BEEN MARKED WITH A PAINT

PEN OR PERMANENT MARKER AT THE TIME THAT THE
TORQUE TEST WAS DONE.

5.SOLAR ENERGY PRODUCTION MONITORING SHALL BE
INSTALLED AT INTERCONNECTION.

6.IMPACT DRIVERS ARE NOT APPROVED FOR USE ON
INVERTERS OR WIRE BOXES.

1.EQUIPMENT SHALL BE INSTALLED AND LABELED IN

ACCORDANCE WITH THE CEC AND ALL APPLICABLE

REQUIREMENTS OF THE SERVING UTILITY COMPANY AND
LOCAL AUTHORITY HAVING JURISDICTION (AHJ).

2.DISCONNECTS MUST COMPLY WITH CEC 690.15 AND PROVIDE
WARNING SIGN PER CEC 690.13.

3.LISTING AGENCY NAMES AND NUMBERS TO BE INDICATED ON
POWER INVERTER AND SOLAR MODULES PER CEC 110.3(B).

4.LABELED "PHOTOVOLTAIC SYSTEM AC COMBINER."

5.UTILITY METER LABELED "PHOTOVOLTAIC SYSTEM
MONITOR.” CT COMPARTMENT PER EUSERC 322, 330. METER
DOOR PER EUSERC 333. METER SOCKET IS 15J.

6.LABELED “PHOTOVOLTAIC SYSTEM UTILITY DISCONNECT”

SWITCH TO BE VISUAL OPEN AND ACCESSIBLE AND
CONFORM TO CEC 705.22.

7.LABELED “WARNING: THIS PANEL SUPPLIED BY MULTIPLE
SOURCES OF POWER: 1. UTILITY POWER, 2. PHOTOVOLTAIC
SYSTEM - DISCONNECT ALL SOURCES BEFORE SERVICING.”

8.POINT OF INTERCONNECTION SHALL BE IN ACCORDANCE
WITH CEC 705.11.

9.PROVIDE IDENTIFICATION ALONG WITH POSITIVE & NEGATIVE CONDUCTORS PER CEC 210.5(C)(2).

10.MINIMUM BENDING RADIUS OF PHOTOVOLTAIC MODULE

LEADS SHALL CONFORM WITH MINIMUM BENDING RADIUS

SET FORTH BY THE MODULE MANUFACTURER OR ARTICLE
338.24, WHICHEVER IS MORE STRINGENT.

11.MATING CONNECTORS FOR PV SOURCE CIRCUITS, PV

JUMPER CABLES, AND MODULE LEVEL POWER ELECTRONICS

TO BE LISED AND IDENTIFIED FOR INTERMATABILITY, AS
DESCRIBED IN MANUFACTURER'S INSTRUCTIONS. MATING

CONNECTORS THAT ARE NOT LISTED ARE NOT TO BE
UTILIZED FOR PROJECT.

12.AC POWER CONDUITS TO CONVEY (3) CURRENT CARRYING
CONDUCTORS AND AN EGC. NO NEUTRAL REQUIRED.

13.ALL INVERTERS ARE TO HAVE THE MAX 250kW AC OUTPUT
OPTION SELECTED. REFER TO INVERTER DATA SHEET ON
SHEET WK801.

Packet Page 544 of 634Attachment 2 Page 99 of 160

STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\WK801 DATA SHEETS.dwg 7/26/24 - 5:49pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
D
C
B
A
1 2 3 4 5 6
E
D
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30% SET
HoltRenewables, 2024

AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

DATA SHEETS
WK801
Scale: NTS
DATA SHEETS - MODULEA1 Scale: NTS
DATA SHEETS - INVERTERSA4
Scale: NTS
DATA SHEETS - MONITORINGC1 Scale: NTS
DATA SHEETS - RACKINGC4
Packet Page 545 of 634Attachment 2 Page 100 of 160

STAMP: PROJECT:1301 Cap. O TX Hwy S #B315
Austin, TX 78746
www.holtrenewables.com
C:\Users\samuel.sherman\onedrive - holt\Desktop\city of fairfield, ca\03 - design\3.3 drawings\3.32 Sheets\WK802 DATA SHEETS.dwg 7/26/24 - 5:49pmCITY OF FAIRFIELDWATERMAN TREATMENT PLANT SOLAR PROJECT1785.0 kW DC STC RATING2900 VISTA GRANDE CIRCLEFAIRFIELD, CA 954341 2 3 4 5 6 E
D
C
B
A
1 2 3 4 5 6
E
D
C
B
A

30% SET
HoltRenewables, 2024

AS NOTED
ANSI D - 22X34 J H G F E D C B A 07/26/2024 SLS 30% SET CHCLIENT:FOR REVIEW ONLY

NOT FOR

CONSTRUCTION

DATA SHEETS
WK802
Scale: NTS
DATA SHEETS - CPS AC COMBINERA1 Scale: NTS
DATA SHEETS - INVERTER RACKINGA4
Scale: NTS
DATA SHEETS - BESSC1
Packet Page 546 of 634Attachment 2 Page 101 of 160

36 ATTACHMENT B - SITE ASSESSMENT TABLE

TO GENERAL CONDITIONS AND TECHNICAL SPECIFICATIONS

Packet Page 547 of 634Attachment 2 Page 102 of 160

Contractor: Onyx / HOLT
Section 1: Site and System Information
Site Name Waterman Treatment Plant
Site Designator A
Service Account ID 7605929944
Meter Number 1010078883
Service Address 0
Site Address 2900 Vista Grande Circle, Fairfield, CA 95434 Solar Facility Target "Annual Production Estimate"(kWh)3110442 Target Battery System Size(kW)450 (200 kW + 250 kW)
Target Battery System Size(kWh)1860

NEM-A(Y/N)N
NEM-A SAIDs N/A
Annual Meter Consumption (kWh)3659981
Annual Ex-Solar Meter Consumption (kWh)3659981
Meter Max Demand (kW)768
Ex-Solar Max Demand (kW)768
Current Rate Schedule B-19
Post Construction Rate Schedule B-19-S
Interconnection Point Rating (Volts / Amps)480V
Distribution Utility Transformer Size (kVA)TBD
Existing Other Generation Back-up Generation
Section 2: Solar Facility
Array Structure OEM TerraSmart
Installation Type(GM, SS, RM etc.)Fixed Tilt GM
Azimuth (°)180
Tilt(°)20
Minimum Clearance Height (ft)3
Solar PV Panel OEM Hanwha Qcells
Solar PV Model #QCELLS Q.PEAK DUO XL-G11S
Solar PV Panel Rating(W)595
Solar PV Panel Quantity(#)3000
Solar PV Panels Per String(#)120 Strings of 25 Modules
Solar Facility Capacity (kWSTC-DC)1,785.00
Inverter OEM Chint Power
Inverter Model #Chint SCH275KLT-DO/US-800-36 250W AC output Inverter Quantity 5
Total Inverter Capacity (kW-AC)250.00
DC/AC Ratio 7.14
AC Inverter voltage (V)800
Packet Page 548 of 634Attachment 2 Page 103 of 160

Solar Facility Transformer Size (kVA)1500
Year 1 "Annual Production Estimate" (kWh)3,066,005
Solar PV Production Annual Degradation(%)0.5%
Year 1 Annual Production Estimate to Target "Annual Product 0.985713686 Section 3: Battery System
Battery System Size (kWh)1,860.0
Battery System Inverter Size (kW-AC)450 (200 + 250)
Duration(hrs.)4.0
Battery OEM Socomec
Battery System Inverter OEM Socomec
Battery System Round Trip Efficiency (%)86.00%
Additional System De-rate (%)2.00%
Anticipated Annual Full Discharges (Yr. 1 #)329
Battery System Transformer Size (kVA)200 / 250
Capable of Exporting for NEM Credits(Y/N)N/A
Battery System Warranty Term(YRS)10.00
Section 4: EVCS
# of Future L1 EV Chargers Planned N/A
# of Future L2 EV Chargers Planned N/A
# of Conduits Needed for Future Installation of L1 EV Chargers N/A # of Conduits Needed for Future Installation of L2 EV Chargers N/A Section 5: System Offer Costs
Total "Development Costs" included in "Power Price"($)385,000.00$ Anticipated ADA Upgrade Costs Included in "Power Price"($)-$ nticipated ADA Upgrade Costs Included in "Contract Sum"($)-$ ed Site Electrical System Upgrade Costs included in "Power P -$ d Site Electrical System Upgrade Costs Included in "Contract -$ ated Distribution Utility Upgrade Costs included in "Power Pri 4,000.00$ Anticipated Distribution Utility Upgrade Costs ($)4,000.00$ Power Price" per $10,000 change in Distribution Upgrade Cos 0.0005$ Incentive Amount($)N/A
Incentive Program N/A
ITC Percentage(%)40%
Solar Facility Cost($)Bundled in PPA
Battery System Cost ($)Bundled in PPA
PPA Term(YRS)25
Solar Facility "Power Price" ($/kWh) - 40% ITC Scenario 0.1210$ Solar Facility "Power Price" Annual Escalator(%)0.0%
"Battery System Services Rate"($/month)N/A
"Battery System Services Rate" Annual Escalator (%)0.0% System "Termination Value" (Yr 1 $)10,986,737$
Packet Page 549 of 634Attachment 2 Page 104 of 160

System "Termination Value"(Yr 6 $)4,721,702$
Increase to Solar Facility "Power Price" due to XXX($/kWh)0.0005$ cremental Cost for Solar Facility Extended Inverter Warranty($N/A Incremental Cost to use all Copper Wiring($)N/A
Incremental Cost to add Backup Power Solution($)N/A
Incremental Cost to add XXXXX($)N/A
Section 6: Utility Billing (assume 0% escalation for rates) YR 0 Existing Utility Bill ($)$10,864,161
YR 0 Existing Utility Bill Demand Charges($)$423,265
YR 0 Existing Utility Bill Energy Charges($)$604,907
YR 1 Total Utility Bill($)Please reference Savings Analysis Report Utility Bill Energy Charges Post-Solar PV ($)Please reference Savings Analysis Report Utility Bill Demand Charges Post-Solar PV($)Please reference Savings Analysis Report Utility Bill Energy Charges Post-Battery System ($)Please reference Savings Analysis Report Utility Bill Demand Charges Post-Battery System($)Please reference Savings Analysis Report YR 1 Utility Bill Demand Charge Savings($)Please reference Savings Analysis Report YR 1 Utility Bill Energy Savings($)Please reference Savings Analysis Report YR 1 Total Utility Bill Savings($)Please reference Savings Analysis Report Section 7: Other Cost Savings (assume 0% escalation for rates) Demand Response Revenue (YR 1 $)Please reference Savings Analysis Report Other
Section 8: Performance Guarantee
Solar Facility "Output Guarantee Rate"(YR 1 $/kWh)0.027 Solar Facility Output Guarantee Rate(YR 1 $/kWh)0.027
Solar Facility "Output Guarantee Rate" Annual Escalation(%)0.0% Solar Facility Output Guarantee Rate" Annual Escalation(%) Solar Facility "Output Guarantee"(YR 1 kWh)0
Solar Facility Output Guarantee(YR 1 kWh)0
"Battery System Guarantee Rate"($/hr)$53/cycle
Battery System Guarantee Rate(INSERT UNITS)$53/cycle
"Battery System Guarantee Rate" Annual Escalation(%)0.0% Battery System Guarantee Rate Annual Escalation(%)0.0%
Battery System "Guaranteed Cycles"(YR 1 #)296
Battery System Guaranteed Cycles(YR 1 #)296
Battery System "Guaranteed Cycles" Annual Change(%)See Socomec Spec Sheet for degredation curve Battery System Guaranteed Cycles Annual Change(%)See Socomec Spec Sheet for degredation curve "Battery System Guarantee"(YR 1 kWh) 1674
Battery System Guarantee Cost($)
Packet Page 550 of 634Attachment 2 Page 105 of 160

37 ATTACHMENT C - PROJECT SCHEDULE

TO GENERAL CONDITIONS AND TECHNICAL SPECIFICATIONS

Packet Page 551 of 634Attachment 2 Page 106 of 160

38 ATTACHMENT D - COMMISSIONING SCHEDULE

TO GENERAL CONDITIONS AND TECHNICAL SPECIFICATIONS

Packet Page 552 of 634Attachment 2 Page 107 of 160

IDTask ModeTask NameDuration Start Finish Predecessors Successors1City of Fairfield 1785.0 kW DC Fixed-Tilt Ground Mount Milestones1704 daysThu 12/5/19Tue 7/7/262Award Date 0 daysWed 4/24/24Wed 4/24/24323Engineering Notice to Proceed 0 daysFri 8/23/24Fri 8/23/2434450% Design Drawings due to Site Host0 daysMon 10/7/24Mon 10/7/2439,47,57,38550% Drawings Site Host Review 0 daysMon 10/14/24Mon 10/14/2440,48,58690% Design Drawings due to Site Host0 daysThu 11/7/24Thu 11/7/2441,49,59790% Drawings Site Host Review 0 daysThu 11/14/24Thu 11/14/2442,508100% Design Drawings due to Site Host0 daysThu 11/28/24Thu 11/28/2443,519100% drawings Site Host Review 0 daysThu 12/5/24Thu 12/5/2444,5210 IFC Stamped Drawings 0 daysMon 12/16/24Mon 12/16/2445,5311Design & Engineering Completed0 daysMon 12/16/24Mon 12/16/243612Interconnection Sign-off with the Utility0 daysMon 5/5/25Mon 5/5/256213Permits AHJ Approval Completed0 daysMon 5/5/25Mon 5/5/256114Major Equipment Order Date 0 daysTue 9/17/24Tue 9/17/2467SS15Procurement Completed0 daysFri 10/3/25Fri 10/3/256716Site Preparatiion Start 0 daysFri 8/22/25Fri 8/22/2580SS17Site Preparatiion Completed0 daysTue 9/16/25Tue 9/16/258018Construction Start 0 daysFri 8/22/25Fri 8/22/2579SS19Mechanical Installation Completed0 daysTue 10/7/25Tue 10/7/258420Electrical Installation Completed0 daysMon 2/2/26Mon 2/2/269021Interconnection Sign off 0 daysMon 1/19/26Mon 1/19/2610922PV Completion 0 daysTue 2/3/26Tue 2/3/2611023Utility Meter and Rate Switch Submittal 0 daysThu 12/5/19Thu 12/5/1924Permission to Operate (PTO)0 daysWed 4/29/26Wed 4/29/2611725Testing & Commissioning Completed0 daysWed 5/13/26Wed 5/13/2611826Commercial Operation Date0 daysMon 6/15/26Mon 6/15/2612227Commercial Operation Deadline 0 daysThu 12/5/19Thu 12/5/1928Final Completion0 daysTue 7/7/26Tue 7/7/2613029City of Fairfield 1785.0 kW DC Fixed-Tilt Ground Mount688 daysWed 11/8/23Tue 7/7/2630Contract 206 daysWed 11/8/23Fri 8/23/2431Proposal Submission 1 dayWed 11/8/23Wed 11/8/233232Contract Execution 105 daysThu 11/30/23Wed 4/24/2431233City Council Project Approval103 daysMon 4/1/24Fri 8/23/243434Engineering Notice to Proceed 0 daysFri 8/23/24Fri 8/23/24333,47SS,56SS,3835Pre-Construction286 daysMon 8/26/24Fri 10/3/2536Design & Engineering80 daysMon 8/26/24Mon 12/16/241137Electrical Design80 daysMon 8/26/24Mon 12/16/246638Due Diligence Analysis15 daysMon 8/26/24Mon 9/16/24344,39,733950% Design Drawings due to Site Host15 daysTue 9/17/24Mon 10/7/243840,44050% Drawings Site Host Review 5 daysTue 10/8/24Mon 10/14/243941,5,604190% Design Drawings due to Site Host18 daysTue 10/15/24Thu 11/7/244042,64290% Drawings Site Host Review 5 daysFri 11/8/24Thu 11/14/244143,743100% Design Drawings due to Site Host10 daysFri 11/15/24Thu 11/28/244244,844100% drawings Site Host Review 5 daysFri 11/29/24Thu 12/5/244345,9,7145 IFC Stamped Drawings 7 daysFri 12/6/24Mon 12/16/244410,62,7746Structural Design75 daysMon 8/26/24Mon 12/9/246547Due Diligence Analysis15 daysMon 8/26/24Mon 9/16/2434SS48,44850% Design Drawings due to Site Host15 daysTue 9/17/24Mon 10/7/244749,54950% Drawings Site Host Review 5 daysTue 10/8/24Mon 10/14/244850,65090% Design Drawings15 daysTue 10/15/24Mon 11/4/244951,75190% Drawings Site Host Review 5 daysTue 11/5/24Mon 11/11/245052,852100% Design Drawings due to Site Host10 daysTue 11/12/24Mon 11/25/245153,953100% drawings Site Host Review 5 daysTue 11/26/24Mon 12/2/245254,1054 IFC Stamped Drawings 5 daysTue 12/3/24Mon 12/9/2453SMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWFeb 11, '24Feb 18, '24Feb 25, '24Mar 3, '24Mar 10, '24Mar 17, '24Mar 24, '24TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: Project ScheduleDate: Tue 7/30/24Packet Page 553 of 634Attachment 2 Page 108 of 160

IDTask ModeTask NameDuration Start Finish Predecessors Successors55Site Prep/Analysis45 daysMon 8/26/24Mon 10/28/246456Due Diligence Analysis15 daysMon 8/26/24Mon 9/16/2434SS57SS57Geotech Report15 daysMon 8/26/24Mon 9/16/2456SS58,458Environmental Studies15 daysTue 9/17/24Mon 10/7/245759,559SWPP Reports/Anyalsis15 daysTue 10/8/24Mon 10/28/2458660Procurement & Pemiting Notice to Proceed 1 dayTue 10/15/24Tue 10/15/244072,74,75,7661Permits & Interconnection 135 daysTue 10/29/24Mon 5/5/251362Utility Interconnection Application and Initial Review100 daysTue 12/17/24Mon 5/5/25451263AHJ Permitting and Approvals95 daysTue 10/29/24Mon 3/10/2578FS+115 days64Site Permit 60 daysTue 10/29/24Mon 1/20/255565Building Permit60 daysTue 12/10/24Mon 3/3/254666Electrical Permit 60 daysTue 12/17/24Mon 3/10/253767Procurement Major Equipment Ordered (After Approved Submittal)271 daysTue 9/17/24Fri 10/3/2515,14SS68Solar Modules Provided by Onyx50 daysWed 6/25/25Thu 9/4/2578SS-40 days8869Inverters40 daysWed 6/18/25Wed 8/13/2578SS-45 days9270Racking45 daysWed 6/25/25Wed 8/27/2578SS-40 days87,8671AC COMBINER100 daysFri 12/6/24Thu 4/24/25449872PV SWITCHGEAR150 daysWed 10/16/24Tue 5/13/25609973SOCOMEC SUNSYS HES provided by Onyx 200 daysTue 9/17/24Tue 6/24/253810374PV TRANSFORMER150 daysWed 10/16/24Tue 5/13/256010075PV & BESS SWITCHGEAR250 daysWed 10/16/24Fri 10/3/256010276PV UTILITY DISCONNECT250 daysWed 10/16/24Fri 10/3/256010177Data MONITORING System "DAS"40 daysTue 12/17/24Mon 2/10/254578Construction Notice to Proceed1 dayThu 8/21/25Thu 8/21/2563FS+115 days81,68SS-40 days,69SS-45 days,70SS-40 days79Construction116 daysFri 8/22/25Mon 2/2/26110,18SS110PV Mechanical Completion 1 dayTue 2/3/26Tue 2/3/267922,112,113111AHJ & Utility Inspections20 daysWed 2/4/26Tue 3/3/26112Building Inspection50 daysWed 2/4/26Tue 4/14/26110113Electrical Inspection50 daysWed 2/4/26Tue 4/14/26110114Submission of Final Electrical Clerance to PG&E50 daysWed 2/4/26Tue 4/14/26115Utility Inspection41 daysTue 3/3/26Tue 4/28/26116High Lift Project Deadline38 daysWed 2/4/26Sun 3/29/26117Permission to Operate (PTO)1 dayWed 4/29/26Wed 4/29/2624,119,120,121,118118Testing & Commissioning 10 daysThu 4/30/26Wed 5/13/26117124,25119DC Commissioning 10 daysThu 4/30/26Wed 5/13/26117120AC Gear Commissioning 10 daysThu 4/30/26Wed 5/13/26117121DAS Commissioning10 daysThu 4/30/26Wed 5/13/26117122Commercial Operation Date62 daysThu 3/19/26Mon 6/15/2626,125,126,127,128,129123Post-Construction (Close Out) 37 daysThu 5/14/26Mon 7/6/26124Project Walkthrough/ Punchlist2 daysThu 5/14/26Fri 5/15/26118125Prepare As Built Plans15 daysTue 6/16/26Mon 7/6/26122126Deliver O&M Manuals 15 daysTue 6/16/26Mon 7/6/26122127Owner/Operator Training15 daysTue 6/16/26Mon 7/6/26122128Punch List Signoff15 daysTue 6/16/26Mon 7/6/26122129Deliver Final Submittals15 daysTue 6/16/26Mon 7/6/26122130130Final Completion1 dayTue 7/7/26Tue 7/7/2612928SMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWFeb 11, '24Feb 18, '24Feb 25, '24Mar 3, '24Mar 10, '24Mar 17, '24Mar 24, '24TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 2Project: Project ScheduleDate: Tue 7/30/24Packet Page 554 of 634Attachment 2 Page 109 of 160

39 ATTACHMENT E – OPERATIONAL OBJECTIVES

TO GENERAL CONDITIONS AND TECHNICAL SPECIFICATIONS

Solar Facility Sizing
If Solar Facilities are part of the project scope, it is the responsibility of the Installer to ensure that the sizing of the total installed system capacity at each Site (kWDC / kWAC) achieves the Annual Energy Production Target as defined in the Site Assessment Table as closely as practical for each Site and the Operational Objectives. The total installed system capacity per Site shall not increase or decrease the Annual Production Estimate without prior written approval of Site Host.

Battery System Sizing
If a Battery System is part of the project scope, it is the responsibility of the Installer to ensure that the sizing of the total installed system capacity (kW and kWh) per Site meets and the Operational Objectives.

Battery Systems Operation

1. Battery Systems shall charge one hundred percent (100%) from the Solar Facility.

2. Battery Systems shall prioritize operations in the following order:
a. Demand Reduction
b. Maximize savings from energy arbitrage
c. Maximize revenue from Grid Services Programs

NEM2 Interconnection Agreement
Installer is responsible to complete the Project within the requirements of the NEM2 interconnection applications and agreements with the Distribution Utility including addressing any and all notices of deficiencies and applying for new or revising the NEM2 interconnection agreement for addition of Battery Systems.

Packet Page 555 of 634Attachment 2 Page 110 of 160

40 ATTACHMENT F – MAJOR EQUIPMENT

TO GENERAL CONDITIONS AND TECHNICAL SPECIFICATIONS

Packet Page 556 of 634Attachment 2 Page 111 of 160

DAS System Hardware
Overview
AlsoEnergy wants to make it as easy as possible for you to plan and install your monitoring system hardware. That’s why we provide your core hardware devices conveniently mounted and pre-wired in a weatherproof enclosure.

DAS Assembly
• Complete with all necessary DAS
system hardware
• Preconfi gured for plug-and-play
capability with the PowerTrack
Platform
• Hardware mounted and pre-wired
• NEMA 4 rated enclosures for exterior
mounting
• Indoor mounting hardware included
• Built to your specifi cations
• ETL listed
End-to-end DAS systems from AlsoEnergy
are tested, confi gured, assembled, and wired
in our ETL listed facility in Boulder, CO.

Packet Page 557 of 634Attachment 2 Page 112 of 160

Hardware Components
AlsoEnergy Data Logger
Pre-confi gured for use with PowerTrack
Accepts data from RS-485, RS-232, or
Ethernet connected devices.

Includes internal storage capacity and a
touch screen LCD display.

Energy Meter
Get revenue grade accuracy,
as required by many clients.

Accepts single phase, split phase, and
three phase loads.

Includes LCD display.

Weather Stations and Environmental Sensors
Our high quality weather stations can accommodate any solar or wind metric requirements.

Weather stations can fi t into the main monitoring communications enclosure or have their own dedicated enclosure.
• Anemometers
• Pyranometers (Hukseflux, Apogee,
Kipp and Zonen)
• Ambient temperature sensors
• Module Temperatures Sensors
• Basic and full weather station packages
• High temperature weather stations
• Remote and portable stations
Cellular Modem
• 4G network
• Low power consumption
• Remote management and confi guration
• Works with most major North American cellular providers Wireless Communications
• Ethernet radio
• Suitable for outdoor mounting
• Intra site communication
• Integrated antenna
• Remote oversight
Packet Page 558 of 634Attachment 2 Page 113 of 160

Datasheet
CHINT POWER SYSTEMS AMERICA 2023/05-MKT NA Chint Power Systems America 1380 Presidential Drive, Suite 100, Richardson, TX 75081Tel: 855-584-7168 Mail: [email protected] Web: www.chintpowersystems.com 800 Vac 3:1 AC Combiner Solution for CPS Inverters
Internal View of AC Combiner Box
The CPS 800 Vac 3:1 AC Combiner Box is designed for CPS 250/275 kW three-phase string inverters to optimize system design, installation, and wire management. The units combine the output of (3) CPS 250/275 kW inverters allowing a cost-effective solution for simplifying system designs and minimizing AC wire losses. This solution enables savings on labor and material costs by reducing the amount of wires needed to connect CPS string inverters to the grid.

Solutions Supplier
CPS can supply inverter and BOS equipment for 1500 V applications, which enables advantages for project logistics, shipment, and warranty management.

Decreased Wiring Costs
Combining CPS inverters with an AC Combiner Box reduces the amount of wires needed to connect the PV system to the grid.

Optimized Design
The AC Combiner Box is designed specifically for use with CPS 250/275 kW inverters.

Packet Page 559 of 634Attachment 2 Page 114 of 160

Technical Data
Model Name
Number of input circuits
OCPD type
Disconnect
Compatible inverter(s)
Rated voltage
Rated input current
Input conductor size
Input conduit knockout size
Rated output current
Output conductor size
Output conduit knockout size
Interrupting capacity
Disconnect rating
Output fuse rating
Dimensions (H x W x D)
Weight
Padlockable enclosure (LOTO)
Grounding busbar
Breather vent
Enclosure protection degree
Operating temperature range
Operating humidity
Operating altitude
Certifications and standards
Standard
CPS DPA03-800V/US
Yes
Warranty
2 years
UL 1741, CSA C22.2 NO.107.1-16
Removable bottom plate
Safety
Environment
0% to 95%, non-condensing
8202 ft / 2500 m (no derating)
NEMA Type 3R
-22°F to +140°F / - 30°C to +60°C (derating from +104°F / +40°C) 600 A
Removable bottom plate
Yes
Mechanical
Output Parameters
Input Parameters
3 264 lbs / 120 kg
Yes
CPS SCH275KTL-DO/US-800
300-500 kcmil CU/AL (1 or 2 sets)
55 x 36.2 x 14.75 in (1400 x 920 x 375 mm)
1000 A
65 kA
800 Vac
600 A
Fuse
Yes
600-750 kcmil CU/AL (up to 4 sets)
800 A
Packet Page 560 of 634Attachment 2 Page 115 of 160

Datasheet
CHINT POWER SYSTEMS AMERICA 2023/01-MKT NA Chint Power Systems America 1380 Presidential Drive, Suite 100, Richardson, TX 75081Tel: 855-584-7168 Mail: [email protected] Web: www.chintpowersystems.com In-Line Cluster Mounting Bracket
The CPS In-Line Cluster Mounting Bracket is designed to provide a simple, low-cost mounting solution for CPS 250/275 kW inverters and CPS 800 Vac 3:1 AC Combiners. (3) CPS 250/275 kW and (1) 800 Vac AC Combiner can be mounted onto piles to easily install the equipment for ground mount PV applications. This solution enables savings on labor and material costs for system designs and installation.

Key Features
CPS In-Line Cluster Mounting Bracket
Designed for CPS 250/275 kW Inverters & 800 Vac AC Combiners Easily mount (3) 250/275 kW inverters and (1) 800 Vac AC Combiner Simplifies Inverter and Combiner installation
Cost-efficient mounting solution
Includes mounting bracket for CPS 800 Vac AC Combiner
In-line design to allow efficient working space
Packet Page 561 of 634Attachment 2 Page 116 of 160

Technical Data
Cluster Components
Item No.Component Name Quantity
1 Equipment installation vertical beam 8
2 Beam 4
3 Vertical beam 6
4 Pile connector 3
5 Pile 3 (user supplied)
Model Name
Material
Dimensions (H x W x D)
Dimensions of total Cluster Mounting Bracket including
(3) 250/275 kW Inverters + (1) 800 Vac AC Combiner
Total weight of Cluster Rack
Compatible inverters
Compatible combiner
Installation method
Standard
CPS In-Line Cluster Mounting Bracket
Mounted to 3 piles (piles not included)
Warranty
2 years
CPS DPA03-800V/US
Mechanical
264 lbs / 120 kg
CPS SCH275KTL-DO/US-800
DC51D-ZM180 steel

46.3 x 231.4 x 6.8 in (1,175 x 5,877 x 172 mm)

55.1 x 231.4 x 23.3 in (1,400 x 5,877 x 643 mm)
Packet Page 562 of 634Attachment 2 Page 117 of 160

250/275kW V2, 1500Vdc String Inverters for North America Datasheet
CPS SCH275KTL-DO/US-800 V2
The 250/275kW high power CPS three phase string inverters are designed for ground mount applications. The units are high performance, advanced and reliable inverters designed specifically for the North American environment and grid.

High efficiencies, wide operating voltages, broad temperature ranges and NEMA Type 4X enclosure enable this inverter platform to operate at high performance across many applications. The SCH275KTL inverters include a selectable Active Power of either 250kW or 275kW (factory default) with 12 MPPTs and are available with either 36 fused PV string inputs or 24 unfused PV string inputs. The CPS FlexOM solution enables communication, controls and remote product upgrades.

Key Features
CHINT POWER SYSTEMS AMERICA 2023/10-MKT NA Chint Power Systems America1380 Presidential Drive, Suite 100, Richardson, TX 7508Tel: 855-584-7168 Mail: [email protected] Web: www.chintpowersystems.com ◼Anti-PID function◼Reactive Power at Night function◼CPS FlexOM Gateway enables remote FW upgrades◼Integrated DC disconnect switches◼Protection functions for enhanced reliability and safety◼Selectable Max AC Active Power of 250kW or 275kW◼UL 1741-SA certified to CA Rule 21, including SA14-18 ◼12 MPPTs with 36 fused inputs or 24 unfused inputs ◼Copper and Aluminum compatible AC connections◼NEMA Type 4X outdoor rated, tough tested enclosure◼Full power capacity up to 42°C◼Standard 5 year warranty with extensions to 20 years◼Supported comm protocols (Modbus RTU, TCP/IP, PLC, CAN)◼UL 1741-SB and IEEE 1547-2018 certified Packet Page 563 of 634Attachment 2 Page 118 of 160

Model Name CPS SCH275KTL-DO/US-800-36 V2 CPS SCH275KTL-DO/US-800-24 V2 Max. DC Input Voltage
Operating DC Input Voltage Range
Start-up DC Input Voltage / Power
MPPT Voltage Range @ PF>0.991
Number of MPP Trackers 12 12
Max. PV Input Current 30A per MPPT 30A per MPPT
Max. PV Short-Circuit Current 600A, 50A per MPPT 600A, 50A per MPPT Number of DC Inputs 36 Fused Inputs, 3 per MPPT 24 Non-Fused Inputs DC Disconnection Type
DC Surge Protection
Max AC Output Power (Selectable) @ PF>0.99
Max. AC Apparent Power
Rated Output Voltage
Output Voltage Range 2
Grid Connection Type
Max. AC Output Current @800Vac
Rated Output Frequency
Output Frequency Range 2
Power Factor
Current THD @ Rated Load
Max. Fault Current Contribution (1 Cycle RMS)
Max. OCPD Rating
AC Surge Protection
Max. Efficiency
CEC Efficiency
Stand-by / Night Consumption
Enclosure Protection Degree
Cooling Method
Operating Temperature Range 3
Operating Humidity
Operating Altitude
Audible Noise
User Interface and Display
Inverter Monitoring
Site Level Monitoring
Modbus Data Mapping
Remote Diagnostics / FW Upgrade Functions
Dimensions (HxWxD)
Weight
Mounting / Installation Angle
AC Termination
DC Termination
Fused String Inputs (3 per MPPT)6
Certifications and Standards
Selectable Grid Standard
Smart-Grid Features
Reactive Power at Night
Anti-PID function
Insulation Resistance Monitoring
Onboard Fault Oscillography
PV MPPT Current Monitoring
Residual Current Monitoring
Output Overcurrent Protection
Output Short-Circuit Protection
Output Overvoltage Protection
Standard
Extended Terms
1) See user manual for further information regarding MPPT Voltage Range when operating at non-unity PF 2) The "Output Voltage Range" and "Output Frequency Range" may differ according to the specific grid standard. 3) See user manual for further requirements regarding non-operating conditions. 4)CPS AC-PLC Kit required for AC PLC communication.

Approx. 262lbs / 119kg
Type II
Environment
System and Performance

98.5%
5W

99.0%
0 to 100%
8202ft / 2500m (no derating)
CPS FlexOM (1 per 32 inverters)
NEMA Type 4X
Modbus RS485 / PLC4 / CAN
Variable speed cooling fans
-22°F to +140°F / -30°C to +60°C (derating from +107°F / +42°C) Display and Communication
25A fuses provided (Fuse values up to 30A acceptable)
SunSpec / CPS
Standard / (with FlexOM Gateway)
10, 15 and 20 years
Warranty
Volt-RideThru, Freq-RideThru, Ramp-Rate, Specified-PF, Volt-Var, Freq-Watt, Volt-Watt 5 Years
UL1741-SA/SB Ed. 3, CSA-22.2 NO.107.1-16, IEEE1547a-2014, IEEE1547-2018, FCC PART15 IEEE 1547a-2014, IEEE 1547-2018, CA Rule 21, ISO-NE

27.2 x 41.3 x 15.7in (690 x 1050 x 400mm)
Vertical installation
Safety
Stud Type Terminal (Wire range: 4/0AWG – 750kcmil AL/CU, lugs not supplied) 36 Fused Input: Screw Clamp Fuse Holder (Wire range: #14 - #8 AWG CU) 24 Non-Fused Input: Screw Clamp Terminal (Wire range: #14 - #8 and #6 - #4 AWG CU)5 Mechanical
Yes
LED indicators, WiFi + APP

0.99 (±0.8 adjustable)
57 - 63Hz
60Hz
250kW / 275kW
275kVA
198.5A
AC Output
DC Input
500-1450Vdc
1500V
550Vdc / 500W
Load-rated DC switches
900-1300Vdc
Type II
Protection Functions
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Technical Data
5) One threaded hole per MPPT for connecting #6 - #4 AWG CU 6) Fused string inputs only applicable to the SCH275KTL 36-input model.

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1. Table of Contents

3.1 3.2

3.3 5.1

5.2 5.3

6.1 6.1.a

6.1.b

6.1.c

6.2 6.2.a

6.2.b

6.2.c

6.2.d

6.2.e

6.2.f

6.2.g

6.2.h

6.2.i

6.2.j

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1: Introduction
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Section 2: Design Codes & Standards
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Standards:
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Other Requirements:
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3: Site Information

3.1 Site Information for All Projects
• Arc Flash hazard Analysis and labels for all DC and AC equipment in the PV System above 50 volts
• Load flow calculations required when interconnection to non-linear bussing with a breaker. These will also be required on any interconnection when either the sum of existing breakers or sum of existing breakers + amperage from PV System equal or exceed the rating of the bussing.
• Coordination Study for any Site that requires medium voltage gear or POCC, for system sizes of 1 MW AC and larger, “campus” type settings, multiple interconnections for a single host, “critical” load at site (data center, hospital, prison, water treatment facility, etc.), and any site that will make use of settings for protection devices, or modify/replace any programmable protection devices in the existing facility equipment.
• Site Photos and other Site Specific Information upon request.

3.2 Site Information for Rooftop Projects
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3.3 Site Information for Ground Mount Projects
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3.4 Site Information for Canopy Mount Projects
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Geotechnical Report Requirements for Ground & Canopy Projects used, the Geotechnical Engineer of Record must state
in writing that the report is applicable
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3.5 Site Information for Landfill Projects
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Section 4: Drawing Requirements
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5: Design & Engineering Review

5.1 Design Mobilization
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5.2 Design Review
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5.3 Construction/Term-Out
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6: Design Standards

6.1 Module Layout

6.1.a – Existing Site Features
•
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6.1.b – Define Useable PV space
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6.1.c – Module Array Design
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6.2 Electrical Requirements

6.2.a – General Specifications
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6.2.b – Inverter Sizing
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6.2.c – Equipment Selection
•
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Packet Page 582 of 634Attachment 2 Page 137 of 160

•
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6.2.d – Equipment Locations
•
Provide working space permitting at least 90° opening of all hinged doors.

Comply with NEC 110.26(C)
•

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6.2.e – Grounding, (all system types as required)
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6.2.f – Disconnecting Means
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6.2.g – Interconnection
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6.2.h – Metering/Monitoring
•
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6.2.i – Labels & Markings
Packet Page 587 of 634Attachment 2 Page 142 of 160

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6.2.j – Wiring
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6.2.k – Medium Voltage
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6.2.l – Electrical Requirements for Landfills
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6.2.m – Electrical Calculations
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6.3 Structural
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6.3.a – Structural Calculation Packages
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Section 7: Equipment Specifications
*
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Packet Page 595 of 634Attachment 2 Page 150 of 160

Section 8: Glossary of Terms

Packet Page 596 of 634Attachment 2 Page 151 of 160

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Packet Page 598 of 634Attachment 2 Page 153 of 160

www.terrasmart.com | [email protected]
Benefits
·Less hardware for faster installation and reduced
labor hours
·Simplified hardware featuring 2-piece bolt stacks and
only two types of hardware
·Adapts to steep slopes
·Foundations for any terrain
·Included wire management
Module orientation Portrait or Landscape
Module mounting Bottom mount / Integrated electrical bonding Tilt angle 5°- 35°
Wire management Incorporated in structure – NEC compliant Configuration Portrait: up to 3 high x 12 wide / Landscape: up to 4 high x 6 wide Slopes East or West facing, up to 30% / North or South facing, up to 36% Load capacities Project specific: up to 170 MPH wind speed and 100 PSF ground snow load Foundations Ground screws / Driven piles
Warranty 20 year limited warranty
Certifications UL2703, edition 1; CPP wind tunnel tested Portrait up to 3 high x 12 wide Landscape up to 4 high x 6 wide Bifacial compatible
Specifications
GLIDE Agile
Our adjustable and durable frame features less hardware, integrated electrical bonding, and included wire management resulting in reduced labor hours. Installation times are shortened by up to 36% through simplified connections, agile parts, and seasoned field teams. Foundation consultation from an unbiased partner, based on your unique project site. No matter the terrain or weather, we’ll provide the right solution. Our versatile design enables numerous configurations allowing us to meet your unique needs and bring solar to more fields.
·Lighter, stiffer components for less freight costs
·Versatile with numerous configurations
·Durable, tolerating up to 170 MPH winds and 100 PSF
ground snow loads
·Landscape orientation is bifacial compatible to maximize potential backside power yield
Packet Page 599 of 634Attachment 2 Page 154 of 160

Q.PEAK DUO XL-G11S.3 / BFG
Q.PEAK DUO XL-G11S
SERIES
MODEL
585-600 Wp | 156 Cells

21.5 % Maximum Module Efficiency

TOP BRAND PV

MODULES
USA
2022
The ideal solution for:

Ground-mounted
solar power plants
1 See data sheet on rear for further information.
² APT test conditions according to IEC / TS 62804-1:2015 method B (−1500 V, 168 h) including post treatment according to IEC 61215-1-1 Ed. 2.0 (CD) High-tech aluminum alloy frame protects from damage,
enables use of a wide range of mounting structures and is certified regarding IEC for high snow (5400 Pa) and wind loads (2400 Pa).

Frame for versatile mounting options
Q.ANTUM DUO technology with optimized module layout to
boost module power and improve LCOE.

Low electricity generation costs
Double glass module design enables extended lifetime with 12-year product warranty and improved 30-year performance warranty1.

A reliable investment
Innovative all-weather technology
Optimal yields, whatever the weather with
excellent low-light and temperature behavior.

Bifacial Q.ANTUM solar cells make efficient use of light shining on the module rear-side for radically improved LCOE.

Bifacial energy yield gain of up to 21 %
Long-term yield security with Anti LID and Anti PID
Technology2, Hot-Spot Protect.

Enduring high performance
Packet Page 600 of 634Attachment 2 Page 155 of 160

Mechanical Specification

44.6"(1134 mm)

55.1" (1400 mm)

96.9" (2462 mm)

1.38" (35 mm)
4 × Mounting slots (DETAIL A)
Frame

43.0"
(1092 mm)
NA
Label
4 × Grounding holes,Ø 0.18" (4.5 mm)

15.7" (400 mm)
8 × Mounting slots system Tracker (DETAIL B)
DETAIL A 0.63" (16 mm)

0.33" (8.5 mm)0.83" (21 mm)
DETAIL B 0.39" (10 mm)

0.28" (7 mm)0.87" (22 mm)

42.9"
(1090 mm)

31.1" (790 mm)

13.8" (350 mm)

29.5" (750 mm)

20.9" (531mm)
8 × Drainage holes0.12 × 0.24" (3 × 6 mm)
Tracker slot Mounting
slots
Format 96.9 in × 44.6 in × 1.38 in (including frame)
(2462 mm × 1134 mm × 35 mm)
Weight 76.9 lbs (34.9kg)
Front Cover 0.08 in (2.0 mm) thermally pre-stressed glass with anti-reflection technology
Back Cover 0.08 in (2.0 mm) semi-tempered glass
Frame Anodised aluminium
Cell 6 × 26 monocrystalline Q.ANTUM solar half cells
Junction box 2.09-3.98 × 1.26-2.36 × 0.59-0.71 in (53-101 mm × 32-60 mm × 15-18 mm), Protection class IP67, with bypass diodes
Cable 4 mm² Solar cable; (+) ≥ 29.5 in (750 mm), (−) ≥ 13.8 in (350 mm) Connector Stäubli MC4; Stäubli MC4-Evo2; - IP68
Q.PEAK DUO XL-G11S SERIES
Qcells pursues minimizing paper output in consideration of the global environment.

Note: Installation instructions must be followed. Contact our technical service for further information on approved installation of this product.

Hanwha Q CELLS America Inc. 400 Spectrum Center Drive, Suite 1400, Irvine, CA 92618, USA | TEL +1 949 748 59 96 | EMAIL [email protected] | WEB www.qcells.com Contact your Qcells Sales Representative for details regarding the module’s eligibility to be Buy American Act (BAA) compliant.Specifications subject to technical changes © Qcells Q.PEAK_DUO_XL-G11S-BFG_series_585-600_2023-07_Rev05_NAProperties for System Design Maximum System Voltage VSYS [V]1500 PV module classification Class II Maximum Series Fuse Rating [A DC]30 Fire Rating based on ANSI / UL 61730 TYPE 294 Max. Design Load, Push / Pull3 [lbs / ft2]75 (3600 Pa) / 33 (1600 Pa)Permitted Module Temperature on Continuous Duty
−40 °F up to +185 °F
(−40 °C up to +85 °C)Max. Test Load, Push / Pull3 [lbs / ft2]113 (5400 Pa) / 50 (2400 Pa) 3 See Installation Manual 4 New Type is similar to Type 3 but with metallic frame UL 61730, CE-compliant,
IEC 61215:2016,
IEC 61730:2016,
U.S. Patent No. 9,893,215
(solar cells)
Qualifications and Certificates
Electrical Characteristics

TEMPERATURE COEFFICIENTS
Temperature Coefficient of ISC α [% / K]+0.04 Temperature Coefficient of VOC β [% / K]−0.27 Temperature Coefficient of PMPP γ [% / K]−0.34 Nominal Module Operating Temperature NMOT [°F]108 ± 5.4 (42 ± 3 °C)
POWER CLASS 585 590 595 600
MINIMUM PERFORMANCE AT STANDARD TEST CONDITIONS, STC1 (POWER TOLERANCE +5 W / −0 W) BSTC*BSTC*BSTC*BSTC*MinimumPower at MPP1 PMPP [W]585 639.9 590 645.4 595 650.8 600 656.3 Short Circuit Current1 ISC [A]13.72 15.01 13.74 15.04 13.77 15.07 13.80 15.10 Open Circuit Voltage1 VOC [V]53.57 53.76 53.60 53.79 53.63 53.82 53.66 53.85 Current at MPP IMPP [A]13.07 14.30 13.12 14.36 13.17 14.41 13.22 14.46 Voltage at MPP VMPP [V]44.75 44.74 44.96 44.95 45.18 45.17 45.39 45.38 Efficiency1 η [%]≥ 21.0 ≥ 21.1 ≥ 21.3 ≥ 21.5
Bifaciality of PMPP and ISC 70 % ± 5 % • Bifaciality given for rear side irradiation on top of STC (front side) • According to IEC 60904-1-2 1 Measurement tolerances PMPP ± 3 %; ISC, VOC ± 5 % at STC: 1000 W/m²; *at BSTC: 1000 W/m² + φ × 135 W/m², φ = 70 % ± 5 %, 25 ± 2 °C, AM 1.5 according to IEC 60904-3 MINIMUM PERFORMANCE AT NORMAL OPERATING CONDITIONS, NMOT2 MinimumPower at MPP PMPP [W]440.5 444.2 448.0 451.8
Short Circuit Current ISC [A]11.05 11.07 11.09 11.11
Open Circuit Voltage VOC [V]50.67 50.69 50.72 50.75
Current at MPP IMPP [A]10.30 10.34 10.38 10.42
Voltage at MPP VMPP [V]42.79 42.97 43.15 43.34
1Measurement tolerances PMPP ± 3 %; ISC; VOC ± 5 % at STC: 1000 W/m2, 25 ± 2 °C, AM 1.5 according to IEC 60904-3 • ²800 W/m2, NMOT, spectrum AM 1.5 200 400 600 800 1000
90 100
80 110
10 30251520005

84.95 98
95 80
100
RELATIVE EFFCIENCY [%]Qcells PERFORMANCE WARRANTY PERFORMANCE AT LOW IRRADIANCE At least 98 % of nominal power
during first year. Thereafter max.

0.45 % degradation per year. At
least 93.95 % of nominal power
up to 10 years. At least 84.95 % of
nominal power up to 30 years.

All data within measurement
tolerances. Full warranties in
accordance with the warranty
terms of the Qcells sales
organisation of your respective
country.

Typical module performance under low irradiance conditions in comparison to STC conditions (25 °C, 1000 W/m2).RELATIVE EFFCIENCYCOMPARED TO NOMINAL POWER [%]YEARS IRRADIANCE [W/m²] Qcells
Industry standard of p-mono*
*Standard terms of guarantee for the 5 PV companies with the highest production capacity in 2021 (February 2021)
Packet Page 601 of 634Attachment 2 Page 156 of 160

SUNSYS HES L©
Modular outdoor Energy Storage System
from 50 kVA / 186 kWh to 550 kVA / 1116 kWh systems
Safety certified
The system combines 2 top quality
components to deliver a winning formula.

CATL EnerOne Liquid-Cooled Battery:
the SUNSYS B-Cab L uses stable Lithium
Iron Phosphate (LFP) battery chemistry. The
battery has passed the large-scale fire test
UL9540A.

Socomec Power Conversion System (PCS):
the SUNSYS C-Cab L uses a safe conversion
technology to limit the common mode noise effect.

SUNSYS HES L is compliant with UL9540-2020:
the latest and most stringent safety standard
for Energy Storage Systems, in both Canada
and the USA.

Extreme flexibility
The SUNSYS HES L system is based on
2 standard cabinets – C-Cab and B-Cab –
that can be combined to make dozens of
certified combinations.

In addition, the installation can be upgraded with:
- increased power with the addition of one or
more 50 kVA power modules in the C-Cab
or even additional C-Cabs,
- increased energy with the addition of B-Cabs.

Fast and error-free installation
Battery cabinets are shipped completely
assembled with internal modules mounted –
for maximum quality with the minimum
transportation costs and installation time.

Also, for an error-free installation:
- drilling plates are provided to prepare the
locations of the drillings,
- the intelligence (PMS, BMS & EMS) is
integrated inside the C-Cab to reduce
complexity,
- DC connecting kits are available to
simplify the connection between the
converters and batteries.

Easy maintenance
Reduced maintenance with HVAC replaced
by air filters that can easily be maintained by
the customer.

Seamless service during maintenance
as one C-Cab L module can be changed
without interruption whilst keeping the others
operational.

Furthermore, one battery rack can be
disconnected for module replacement
keeping the others operational.

SUNSYS HES L is an outdoor system that merges proven individual technologies to create a more efficient all-in-one solution. Partnering with CATL, Socomec has selected the EnerOne liquid cooled LFP battery system as the optimum battery for SUNSYS Hybrid Energy Storage.

SUNSYS HES L meets the most stringent safety standards.

The range is available in a variety of sizes and can work both as grid follower and grid-former. sunsy_311.eps >Commercial and industrial
buildings
>EV charging infrastructure
>Isolated microgrids
>Resilient microgrids
>Renewable energy integration:

Solar and Storage
The solution for
>Safety certified
>Extreme flexibility
>Fast and error-free installation
>Easy maintenance
>Maximum savings and fast ROI
Strong points
>For larger installations,
please consider our larger
energy storage range,
SUNSYS HES XL range
Multi-MWh systems
Socomec Expert Services teams in North America provide:
>Extended warranties, for up to 20 Years
>Scheduled preventive maintenance for warranty compliance >On-site startup and commissioning
>Prompt service response in the unlikely event unscheduled service may be required Expert Services
>Safety: UL 9540-2020;
UL 9540A
>EMC: FCC part 15 Level A
>Environment: RoHS; REACH
>Communication protocol:

Modbus TCP; SunSpec 2.0
>Grid code: UL 1741 SA/SB;
UL 1741 CRD; IEEE 1547-
2018; IEEE 1547.1-2020; CA
Rule 21
Please consult us for additional ones.

Conformity to standardsSUNSYS HES L2 Catalogue
Packet Page 602 of 634Attachment 2 Page 157 of 160

Suitable for all of the following applications
Commercial and industrial buildingssunsys_333_a_en.aiResilient microgridsunsys_334_a_en.aiElectric vehicle charging infrastructuresunsys_335_a_en.aiRenewable energy integrationsunsys_331_a_en.aiIsolated microgridsunsys_332_a_en.aiEase of operation & maximum savings Energy toolbase EMS
Integrated inside our C-Cab, this intelligent EMS will manage your system to enable maximized savings.

This Energy Management System includes:
•Acumen EMS: controls software that forecasts and optimally discharge the ESS in the field.
•ETB Monitor: a monitoring software providing real-time insights into the operational performance and savings of your system.

Who is Energy Toolbase?
ETB is backed by Pason Systems, a highly reputable, bankable, 40 year-old company.

Their team and suite of products takes you through every step of a project’s lifecycle – from project conception to end of life appli_1038_a.psdSUNSYS HES L© Modular outdoor Energy Storage System
from 50 kVA / 186 kWh to 550 kVA / 1116 kWh systems
3Catalogue
Packet Page 603 of 634Attachment 2 Page 158 of 160

Energy (kWh)
Power (kVA)
1 B-Cab
186
2 B-Cab
372
3 B-Cab
558
4 B-Cab
744
5 B-Cab
930
6 B-Cab
1116
50 100
150
200
250
300
350
400
450
500
550
Popular Configurations, featured in ETB Developer. Available configurations.

Many system configurations are available to meet customer requirements sunsy_313.epssunsy_315.eps+ 2280 kg / 5027 lbsUp to 1005 kg / 2216 lbs
2 modular units for maximum flexibility
>Bidirectional power converter
>50 to 300 kVA / cabinet
>Automation functions
>AC/DC distribution and protection
>Battery management system
>Integrated EMS
>IoT Ready
C-Cab
>Lithium ion battery
>LFP technology
>186 kWh / rack
>Liquid cooling thermal management
>Integrated fire safety detection and extinction system B-Cab
SUNSYS HES L©
Modular outdoor Energy Storage System
from 50 kVA / 186 kWh to 550 kVA / 1116 kWh systems
4 Catalogue
Packet Page 604 of 634Attachment 2 Page 159 of 160

System information
Power modularity 50 kVA power modules - up to 300 kVA per cabinet Symmetrical overload 110% during 30 min - 125% during 10 min - 150% during 30 s Chemistry LFP - Lithium Iron Phosphate
Energy Nameplate 186 kWh per cabinet
AC/AC Max Round Trip Efficiency 90%
Maximum C-rate 0.5 C
Maximum DC current 82 A charging / 87 A discharging per 50 kVA power module Power rating 50 kW 100 kW 150 kW 200 kW 250 kW 300 kW
AC rated current 60 A 120 A 180 A 241 A 301 A 361 A
AC max. temporary current (overload)90 A 180 A 271 A 361 A 451 A 541 A AC connections Up to 4 x 95 mm²/3/0AWG - 3 x 150 mm²/300MCM - 2 x 185 mm²/350MCM Rated voltage (Un)480 Vac (3ph+N) ±20%
Rated frequency 60 Hz ±5%
Fire protection Fire Safety System including smoke detectors, heat detectors and aerosol Environment
Degree of protection IP 55 / NEMA 3R (Outdoor)
Operation temperature -20 to +45 C° / -4 to +113°F without derating Storage temperature -20 to +60 C° / -4 to +140°F
Acoustic level at 1 m < 64.8 dB
Maximum altitude 1000 m / 3280 ft. without derating (consult us for requirements above this) Two system installation options according to the space available on your site On-line installation
Up to 6 B-Cabs - dimensions (mm/in)
791
127.5
6 100
0 39.3
7 1300

51.2 1500

59.1 B-Cab
B-Cab
B-CabB-CabB-Cab
B-Cab
C-Cab
500

19.7 700

27.56228089.76 216085.04130
0 51.2
sunsys_336_a_us.aiBack-to-back installation
Up to 6 B-Cabs - dimensions (mm/in)B-Cab
B-CabB-CabB-CabB-CabB-CabC-Cab
100
039.3
7 395
6155.
7 5
1300

51.18 1500

59.06 1300

51.18500

19.69 1500

59.06 216085.04228089.76 700

27.56 130
0 51.1
8 sunsys_337_a_us.aiTechnical Data
SUNSYS HES L©
Modular outdoor Energy Storage System
from 50 kVA / 186 kWh to 550 kVA / 1116 kWh systems
5Catalogue
Packet Page 605 of 634Attachment 2 Page 160 of 160

Agenda Item No: 22.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
First Reading and Introduction of Ordinance 202406 of the City Council of the City of Fairfield Approving the Fifth Amendment to the Amended and Restated Development Agreement Between the City of Fairfield and Canon Station LLC Regarding Land in the Train Station Specific Plan Area
RECOMMENDED ACTION
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

STATEMENT OF ISSUE
A public hearing on the request of Canon Station, LLC for a 5th Amendment to the existing Amended and Restated Development Agreement between the City and Canon Station, LLC. The Amended and Restated Development Agreement covers approximately 1,570 acres of land located approximately onehalf mile east of Peabody Road on Vanden Road's west and east sides. The Amendment proposes to increase the combined total of the 1% ad valorem property tax and all Community Facility District (CFD) special taxes from a maximum of 1.65% to 1.75%. The proposed tax rate maximum would be applicable to future homes built within Planning Area 5 of the Train Station Specific Plan (TSSP), the eastern expansion of the One Lake neighborhood.

DISCUSSION
Background Information:On August 16, 2011, the City Council entered into a Development Agreement (DA) with Canon Station LLC regarding approximately 1,570 acres within the TSSP Area.

Canon Station LLC is the master developer of the One Lake neighborhood, known as Planning Area 4 and Planning Area 5 in the TSSP. The DA was subsequently amended in 2012. Key provisions of the DA, with amendments, include the following:

1. Guarantees for the right to develop up to 3,101 dwelling units and 4.6 million square feet of office and industrial building floor area; and

2. Transfer of approximately 100 acres of Cityowned land to Canon Station LLC in exchange for the Packet Page 606 of 634

2. Transfer of approximately 100 acres of Cityowned land to Canon Station LLC in exchange for the 204acre Kelley Property for public park and open space uses, monetary compensation, and other considerations; and

3. Construction of various public improvements by Canon Station LLC, including a new fire station, park improvements, and road improvements; and

4. Establishment of various Community Facilities Districts (CFDs) to pay for infrastructure and municipal services, including public safety (police and fire), park maintenance, and open space maintenance; and

5. The requirement that Canon Station LLC preserve more than 1,000 acres in open spaces within and in the vicinity of the TSSP Area. Preservation is to be achieved by establishing a conservation easement on these lands.

On December 16, 2014, the City and Canon Station LLC amended and restated the DA. The key provisions above, however, were not modified. Since then, the council has approved four amendments to the 2015 Amended and Restated DA. The amendments modified a collection of topics in the DA, including conservation easement recordation timing, CFD language, a biological mitigation exhibit, infrastructure improvement timing, and procedural components. Canon Station LLC is now seeking a Fifth Amendment.

Proposed Amendment:Canon Station LLC seeks to amend one section of the DA addressing Infrastructure CFDs. An Infrastructure CFD is a special taxing district created to finance public infrastructure and community facilities to benefit the residents within a specific area. Improvements may include roads, utilities, parks, fire stations, etc. CFDs finance such projects through the issuance of municipal bonds, which are repaid over time through the special taxes levied on properties within the district. These taxes are in addition to regular property taxes and are used exclusively for the purposes outlined in the CFD’s formation documents. Property owners may petition and vote to form or adjust a CFD. In this instance, Canon Station LLC is seeking a DA amendment to raise the maximum combined tax rate, which includes the State's 1% property tax base and all CFD special taxes. Canon Station LLC seeks to raise the combined tax rate from 1.65% to 1.75%.

Canon Station LLC is requesting the amendment to ensure enough funding sources to support the infrastructure required for the One Lake neighborhoods. The actual costs of construction for the required infrastructure have significantly increased since the DA was established, and the current

1.65% total tax maximum is no longer sufficient. Canon Station LLC, working with their bond counsel, the City’s bond counsel, and the City’s finance director, has determined that an increase of 0.1% to a maximum tax of 1.75% will provide both the funding capabilities to support the required infrastructure and preserve capacity for future potential elective taxes. Striking this balance is key to ensuring that future residents of the One Lake neighborhoods are not overburdened by taxes. An example illustration of how much a resident can expect to pay is as follows: For every $100,000 of assessed property value, the homeowner currently pays $1,650 (1.65%). With the increase, the homeowner would pay $1,750 (1.75%). For comparison purposes, it should be noted that there are other areas within the City of Fairfield that have total tax percentages approved by the council of over 2%.

General Plan and Specific Plan Consistency:Government Code Section 65868.5 requires that a DA be consistent with the General Plan and any Specific Plan. The General Plan designates land within the TSSP as the Train Station Specific Plan “Special Study Area.” The Specific Plan identifies the land subject to the DA as Planning Areas 4, 5, 6, 7, and 8. Of the Planning Areas listed, 4 and 5 are slated for residential development and are subject to the proposed 1.75% tax maximum. The council previously found the existing DA to be consistent with the General Plan and Specific Plan. The General Plan includes policies that require new residential development to fund the cost of its infrastructure needs. Policy 1445 of the TSSP authorizes the use of CFDs to fund infrastructure that is not otherwise funded by a Development Impact Fee. The amendment increases the maximum assessment to 1.75% Packet Page 607 of 634

Agenda Item No: 22.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andFirst Reading and Introduction of Ordinance 202406 of the City Council of the City ofFairfield Approving the Fifth Amendment to the Amended and Restated DevelopmentAgreement Between the City of Fairfield and Canon Station LLC Regarding Land in theTrain Station Specific Plan AreaRECOMMENDED ACTIONHold public hearing; waive full reading, read by title only and introduce ordinance for first reading.STATEMENT OF ISSUEA public hearing on the request of Canon Station, LLC for a 5th Amendment to the existing Amendedand Restated Development Agreement between the City and Canon Station, LLC. The Amended andRestated Development Agreement covers approximately 1,570 acres of land located approximatelyonehalf mile east of Peabody Road on Vanden Road's west and east sides. The Amendmentproposes to increase the combined total of the 1% ad valorem property tax and all Community FacilityDistrict (CFD) special taxes from a maximum of 1.65% to 1.75%. The proposed tax rate maximumwould be applicable to future homes built within Planning Area 5 of the Train Station Specific Plan(TSSP), the eastern expansion of the One Lake neighborhood. DISCUSSIONBackground Information:On August 16, 2011, the City Council entered into a DevelopmentAgreement (DA) with Canon Station LLC regarding approximately 1,570 acres within the TSSP Area.Canon Station LLC is the master developer of the One Lake neighborhood, known as Planning Area 4and Planning Area 5 in the TSSP. The DA was subsequently amended in 2012. Key provisions of theDA, with amendments, include the following:1. Guarantees for the right to develop up to 3,101 dwelling units and 4.6 million square feet of officeand industrial building floor area; and2. Transfer of approximately 100 acres of Cityowned land to Canon Station LLC in exchange for the204acre Kelley Property for public park and open space uses, monetary compensation, andother considerations; and3. Construction of various public improvements by Canon Station LLC, including a new fire station,park improvements, and road improvements; and4. Establishment of various Community Facilities Districts (CFDs) to pay for infrastructure andmunicipal services, including public safety (police and fire), park maintenance, and open spacemaintenance; and5. The requirement that Canon Station LLC preserve more than 1,000 acres in open spaces withinand in the vicinity of the TSSP Area. Preservation is to be achieved by establishing aconservation easement on these lands.On December 16, 2014, the City and Canon Station LLC amended and restated the DA. The keyprovisions above, however, were not modified. Since then, the council has approved four amendmentsto the 2015 Amended and Restated DA. The amendments modified a collection of topics in the DA,including conservation easement recordation timing, CFD language, a biological mitigation exhibit,infrastructure improvement timing, and procedural components. Canon Station LLC is now seeking aFifth Amendment.Proposed Amendment:Canon Station LLC seeks to amend one section of the DA addressingInfrastructure CFDs. An Infrastructure CFD is a special taxing district created to finance publicinfrastructure and community facilities to benefit the residents within a specific area. Improvements mayinclude roads, utilities, parks, fire stations, etc. CFDs finance such projects through the issuance ofmunicipal bonds, which are repaid over time through the special taxes levied on properties within thedistrict. These taxes are in addition to regular property taxes and are used exclusively for the purposesoutlined in the CFD’s formation documents. Property owners may petition and vote to form or adjust aCFD. In this instance, Canon Station LLC is seeking a DA amendment to raise the maximum combinedtax rate, which includes the State's 1% property tax base and all CFD special taxes. Canon Station LLCseeks to raise the combined tax rate from 1.65% to 1.75%.Canon Station LLC is requesting the amendment to ensure enough funding sources to support theinfrastructure required for the One Lake neighborhoods. The actual costs of construction for therequired infrastructure have significantly increased since the DA was established, and the current1.65% total tax maximum is no longer sufficient. Canon Station LLC, working with their bond counsel,the City’s bond counsel, and the City’s finance director, has determined that an increase of 0.1% to amaximum tax of 1.75% will provide both the funding capabilities to support the required infrastructureand preserve capacity for future potential elective taxes. Striking this balance is key to ensuring thatfuture residents of the One Lake neighborhoods are not overburdened by taxes. An example illustrationof how much a resident can expect to pay is as follows: For every $100,000 of assessed property value,the homeowner currently pays $1,650 (1.65%). With the increase, the homeowner would pay $1,750(1.75%). For comparison purposes, it should be noted that there are other areas within the City ofFairfield that have total tax percentages approved by the council of over 2%. General Plan and Specific Plan Consistency:Government Code Section 65868.5 requires that aDA be consistent with the General Plan and any Specific Plan. The General Plan designates land withinthe TSSP as the Train Station Specific Plan “Special Study Area.” The Specific Plan identifies the landsubject to the DA as Planning Areas 4, 5, 6, 7, and 8. Of the Planning Areas listed, 4 and 5 are slatedfor residential development and are subject to the proposed 1.75% tax maximum. The councilpreviously found the existing DA to be consistent with the General Plan and Specific Plan. The General Plan includes policies that require new residential development to fund the cost of its infrastructure needs. Policy 1445 of the TSSP authorizes the use of CFDs to fund infrastructure that is not otherwise funded by a Development Impact Fee. The amendment increases the maximum assessment to 1.75% of combined ad valorem property tax and CFD costs. Ensuring that the new development within the district will be able to pay the anticipated infrastructure costs.

Environmental Review:An Environmental Impact Report (EIR) was previously prepared and certified by the City for the TSSP in 2011. The City previously found that the impacts of development under the existing DA are within the scope of the EIR certified by the Council in 2011 for the TSSP. The proposed changes are consistent with the TSSP and do not pose environmental impacts greater than those found to be within the scope of the TSSP’s EIR.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice was published in the Daily Republic newspaper on August 7, 2024.

The Planning Commission unanimously approved Resolution No. PC202406, recommending that the council adopt the proposed ordinance, which would approve a 5th Amendment to the Amended and Restated Development Agreement between the City of Fairfield and Canon Station LLC.

ALTERNATIVE ACTION
The council may deny the proposed DA amendment. In this circumstance, the total tax maximum would remain at 1.65%, which may impact the developer’s ability to complete the required infrastructure.

STAFF CONTACT
Meily M Sheehan, Principal Planner
(707) 4287474
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Public Works Department ATTACHMENTS:

Description
Proposed Ordinance
Fifth Amendment to Development Agreement
20240724 Planning Commission Resolution PC202406, Staff Report REVIEWERS:

Reviewer Action Date
Zellers, David Approved 8/6/2024 11:53 AM
Beavers, Esther Approved 8/6/2024 12:06 PM
Beavers, Esther Approved 8/6/2024 12:09 PM
Packet Page 608 of 634

CITY OF FAIRFIELD

ORDINANCE NO. 2024-06

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE FIFTH

AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF FAIRFIELD AND CANON STATION LLC REGARDING LAND IN THE

TRAIN STATION SPECIFIC PLAN AREA

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby approves the Fifth Amendment to the Amended and Restated Development Agreement by and between the City and Canon Station LLC, attached hereto, based on the findings set forth in the Recitals to the Fifth Amendment to the Development Agreement.

SECTION 2. The city manager is hereby authorized to execute the Fifth Amendment and to take all other steps necessary and appropriate to implement the actions of the City required by the Fifth Amendment to the Development Agreement.

SECTION 3. This Ordinance shall be effective 30 days following its adoption by the council. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 20th day of August 2024, and

PASSED AND ADOPTED this ___ day of _________________ 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
__________________________

CITY CLERK
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City of Fairfield Planning Commission
RESOLUTION NO. PC2024-06

RESOLUTION OF THE CITY OF FAIRFIELD PLANNING COMMISSION

RECOMMENDING THAT THE CITY COUNCIL APPROVE A FIFTH

AMENDMENT TO THE AMENDED AND REST A TED DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND CANON STATION LLC

T H E PLANNING COMM ISSION OF THE CITY OF FAIRFIELD HEREB Y RECITES, FINDS, DETERMINES, O R D ER S, A N D R E SO LV E S A S FO LLO W S:

S E C T IO N 1. O n Ju ly 2, 20 2 4 , a D e ve lo p m e n t A g re e m e n t A m e n d m e n t A p p licatio n (D A 2 0 2 4 -0 0 1 } w as pro p e rly fi le d w ith th e C o m m u n ity D e v e lo p m e n t D e p a rt m e n t in acco rd a n ce w ith th e ru le s an d re g u la tio n s go v e rn in g th e offi cia l fi lin g of such applications.

SEC T IO N 2. T h e P la n n in g Commission has held a duly noticed public hearing on July 24, 2024.

The City staff presented substantial factual information regarding the proposed Project in staff re p o rt s an d th ro u g h o ral pre se n tatio n s be fo re th e co m m issio n , an d considered all public te stim o n y an d in fo rm atio n pre se n te d du rin g th e pu b lic he a rin g re g a rd in g th is ap p licatio n .

SEC T IO N 3. A n En viro n m e n tal Im p a ct R e p o rt (E IR } an d M itig atio n M o n ito rin g an d R e p o rtin g P ro g ram fo r th e T rain S tatio n S p e ci fi c Pla n (T SSP } w e re pre v io u sly ce rtifi e d an d ad o p te d by th e C ity C o u n cil o n Ju ly 26 , 20 1 1 ; th e E IR in cl u d e s la n d w ith in th e D e v e lo p m e n t A g re e m e n t A m e n d m e n t an d th e en viro n m e n ta l eff ects of th e A m e n d m e n t ha v e be e n ad e q u a te ly ad d re sse d in th e EIR ; no ad d itio n a l en viro n m e n tal re v ie w is re q u ire d p u rsu a n t to th e C alifo rn ia En viro n m e n tal Q ua lity A ct.

S E C T IO N 4 . T h e co m m issio n fi n d s th at th e pro p o se d Fift h A m e n d m e n t to th e C an o n Statio n LLC A m e n d e d an d R e state d D e ve lo p m e n t A g re e m e n t is co n siste n t w ith th e C ity's G e n e ral P la n an d T SS P an d de te rm in e s th at th e en viro n m e n tal eff ects o f th e am e n d m e nt ha v e be e n ad e q u a te ly ad d re sse d in th e E IR p re p a re d fo r th e T SS P .

S E C T IO N 5 . T h e co m m issio n he re b y re co m m e n d s co u n cil ad o p tio n o f th e Fifth A m e n d m e n t to th e D e ve lo p m e n t A g re e m e n t be tw e e n th e C ity of Fairfi e ld an d C an o n S tatio n LLC as co n ta in e d in th e att ach e d Exh ib it A .

SE C T IO N 6. T h e re co rd o f p ro ce e d in g s sh a ll be lo cate d at th e C ity's C o m m u n ity D e v e lo p m e nt D e p a rt m e n t, an d th e d irecto r o f co m m u n ity de v e lo p m e n t sh a ll be th e cu sto d ian o f su ch do cu m e n ts.

PC ITEM NO.: C
FILE NO.: DA2024-001
S:\Planning\PC Meetings\PC-2024\24-07-24\ITEM C - Canon Station 5th DA Amendment\2. Resolution.docx PC DATE: 07/24/2024
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P A S S E D A N D A D O P T E D t h is 2 4 th day of July 2024.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS:

Don GREVE/ George KENNEDY/ Chris MATTHEWS/ Shashi
PAUL/ Rheonna REESE/ Jasmine SINGH/ Tina WERBLIN
None.

Non e-
~Ione--
CHRlSMAITHEWS, Chair
ATTEST:
~ ,,,-~ ..,,,.,,..,,vr
. FEINSTEIN, Secretary
PC ITEM NO.: C
PC FILE NO.: DA2024-001
S:\Planning\PC Meetings\PC-2024\24-07-24\ITEM C - Canon Station 5th DA Amendment\2. Resolution.docx PC DATE: 7/24/2024
PAGE 2
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EXHIBIT A
DRAFT

CITY OF FAIRFIELD
ORDINANCE NO. 2024-_

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIEL D APPROVING THE FIFT H

A M E N D M E N T T O T HE AMENDED AND RESTATED DEVELOPMENT AGREEMENT

B ET W EE N T H E C IT Y O F FA IR FIEL D AND CANON STATION LLC REGARDING LAND IN THE

T R A IN S T A T IO N SP E C IFIC PLA N AREA
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby approves the Fifth Amendment to the Amended and R estated Development Agreement by and between the City and Canon Station LLC, attach e d he reto , base d o n th e fi n dings set forth in the Recitals to the Fifth Amendment to th e D e ve lo p m e n t A g ree m e n t.

SEC T IO N 2. T h e C ity M a n a g e r is he re b y authorized to execute the Fifth Amendment and to take all other steps necessary and appropriate to implement the actions of the City required by the Fifth Amendment to the Development Agreement.

SECTION 3. This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in acco rdance with Section 36933 of the Government Code of the State of Califo rnia with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the_ day of , 2024, and
PASSED AND ADOPTED this_ day of ~ 2024, by the following vote:

AYES: Councilmembers: MOY/ BERT AN I/ CARR /PANDURO/ TONNESEN/ VACCARO/ WILLIAMS NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR
ATT EST:

CITY CLER K
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H K D ra ft 7 /1 8 /2 4 - fo r C ity R e v ie w a n d D isc u ss io n P u rp o se s O n ly R ecord ing R equested by and
B enefi ti ng the Ci ty of Fairfi eld, a
G overn m ental E ntity
No Fee R equired per G overnm ent C ode 6103

R E C O R D IN G R E Q U E ST E D B Y

A N D W H E N RE C O RD E D R E T U R N TO
C ity C lerk
Fairfi eld C ity H all
10 00 W ebster S treet
Fairfi eld, C alifo rn ia 94533
A ttn: C om m unity D evelopm en t D epartm ent

FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT
T H IS F IF T H A M E N D M E N T TO D E V E L O P M EN T A G R EE M EN T ("Fift h A m endm ent") is m ade and entered into as of the _th day fo ll ow ing fi n al adoption of the ordin ance appro ving it ("Fifth A m endm ent E ffective D ate") by and betw een the C IT Y O F FA IR FIE L D , a m unicipal corpora tion ("C ity"), and O N E LA K E H O LD IN G L L C , a D elaw are lim ited liability com pany ("D eveloper"). C ity and D eveloper m ay be refe rred to herein each as a "P arty" and collectively as the "Part ies."

RECITALS
A. O n M ay 8, 20 15, C ity and C anon Station LL C ("O riginal D eveloper") entered into that certain A m ended and R estated D evelopm ent A greem ent ("R estated D evelopm ent A greem ent") originally concern ing the developm ent of appro xim ately 15 70 acres defi ned as the "Pro pert y" in the R estated D evelopm ent A greem ent, and show n on Exhibit 1 to the R estated D ev elopm ent A greem ent. The R estated D evelopm ent A greem ent w as recorded against the P ro perty on June 10 , 20 15 in the O ffi cial R ecords of So lano C ounty as D ocum ent N o. 20 15 000513 29, and w as am ended by that certain First A m endm ent to D evelopm ent A greem ent recorded Febru ary 17 , 20 16 , as D ocum ent N o. 20 16 000 119 49, by that cert ain Second A m endm ent to D evelop m ent A greem ent recorded Ja nuary 27, 20 17 , as D ocum ent N o. 20 17 00009022, by that cert ain unr ecorded A greem ent and C onsent to M odifi cation and C orrection of D evelopm ent A greem ent dated as of A ugust 21, 20 1 7, by that cert ain T hird A m endm ent to D evelopm ent A greem ent recorded Febru ary 19 , 20 19 , as D ocum ent N o. 20 19 00009074, and by that certain F our th A m endm ent to D evelopm ent A greem ent recorded June 22, 202 1, as D ocum ent N o. 202 10 0067256 ( coll ectively herein the "D evelopm ent A greem ent") B . O n N ovem ber 25, 20 15 , by that certain A ssignm ent of R ights and A ssum ption of O bligation s U nder D evelopm ent A greem ent recorded on M arch 4, 20 16 , as D ocum ent N o. 20 16 000 17 628 ( the "Indu strial A ssignm ent"), the O rigin al D eveloper assigned certain rights in, to and under the D evelopm ent A greem ent to C anon Part ners L L C w ith respect to an appro xim ately 316 -acre port ion of the P ro perty ( as defi ned in the D evelopm ent A greem ent), su ch port ion being refe rred to in the Industrial A ssignm ent as the "Industrial Pro pert y." Packet Page 624 of 634Attachment 3 Page 4 of 14

C . B y th a t c e rt a in A s s ig n m e n t a n d A s s u m p tio n A g re e m e n t re c o r d e d o n Ja n u a ry 2 4 , 2 0 2 0 , a s D o c u m e n t N o . 2 0 2 0 0 0 0 0 6 5 0 0 , th e O r ig in a l D e v e lo p e r a s s ig n e d a ll o f its rig h ts in , to a n d u n d e r th e D e v e lo p m e n t A g r e e m e n t w ith r e s p e c t to th e P ro p e r ty ( e x cl u d in g th e In d u s tr ia l P ro p e rty ) to A s s ig n o r , a n d a s s u c h , A s s ig n o r is th e s o le D e v e lo p e r u n d e r th e D e v e lo p m e n t A g r e e m e n t w ith r e s p e c t to th e P ro p e r ty (e x cl u d in g th e In d u s tr ia l P ro p e r ty ), n o w re fe r r e d to a s "O n e L a k e ." D . B y th a t c e r ta in A s s ig n m e n t o f R ig h ts a n d A s s u m p tio n o f O b lig a tio n s U n d e r D e v e lo p m e n t A g r e e m e n t re c o r d e d Ja n u a ry 2 4 , 2 0 2 0 , a s D o c u m e n t N o . 2 0 2 0 0 0 0 0 6 5 0 5 ("N e ig h b o r h o o d 3 B A s s ig n m e n t I"), D e v e lo p e r a s s ig n e d to L e n n a r H o m e s o f C a lifo rn ia , In c . c e rt a in r ig h ts , in te r e s ts , a n d o b lig a tio n s o f D e v e lo p e r u n d e r th e D e v e lo p m e n t A g r e e m e n t w ith r e s p e c t to th e A s s ig n e d P ro p e r ty o n ly , a s d e fi n e d a n d s e t fo rt h in th e N e ig h b o r h o o d 3 B A s s ig n m e n t I.

Fairfield City CouncilAugust 20, 2024

Fairfield City Council
August 20, 2024