Item Text

46. REIMBURSEMENT TO APS FOR APS FACILITY MODIFICATION FOR DOWNTOWN COURT TOWER AND AUTHORIZATION FOR CREATION OF ESCROW AGREEMENT(S) Approve the reimbursement to Arizona Public Service (APS) for engineering design, construction and modification of APS facilities in connection with providing new service to the Downtown Court Tower project. The cost may not exceed the estimated amount of $1,069,862 by more than 10 percent. In accordance with prior Board of Supervisor’s approval, the APS extension agreements related to the project will be executed by the Director of Facilities Management. Also, authorize the Chairman of the Board of Supervisor’s to execute all documents related to the creation and maintenance of escrow agreement(s) between the Bank of New York Mellon Trust Company, APS and Maricopa County regarding the deposit and future disbursement(s) of the funds and interest earned. Also authorize the Department of Finance to transfer the final reimbursement to Bank of New York Mellon Trust Company as set forth in the executed escrow agreement. The Department of Finance will classify this transaction as Cash with Trustee for balance sheet purposes; as such no appropriation adjustment is necessary for FY 08-09. The reimbursement will be appropriated in the FY 09-10 budget. As part of the project development for the new Court Tower, APS will need to bring power to the proposed facility by construction of new electrical distribution improvements from their Lincoln Street sub-station. In accordance with Arizona Corporation Commission guidelines, APS has completed an economic feasibly analysis of the project to determine the estimated cost for the delivery of service to the project. This project has been grandfathered under APS’ Schedule 3, Revision 9, which provides that the County may be eligible to recover a portion of the funds related to the improvements, in an amount not-to-exceed, $1,045,675 based on the electrical load projections supplied by the County for the completed project within the timelines specified in the final agreement. (C-70-09-027-3-00)