Vote: approved

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9. SOLAR SERVICES AGREEMENT WITH CARBONFREE TECHNOLOGIES FOR THE JACKSON STREET GARAGE (#3315) Approve a Solar Services Agreement (SSA) between Maricopa County and CarbonFree Technologies for the Jackson Street Garage (#3315). Under the terms of the SSA Maricopa County will purchase Solar Services from CarbonFree Technologies. In addition to the electricity generated from the system, such services will include the financing, design, installation, insurance, operation and maintenance of a rooftop solar photovoltaic system for an initial term of ten years with the option of two five year extensions. At the completion of each term, Maricopa County will have the option to purchase the system for a fixed fee of $150,000. A limited liability corporation will be established to own, maintain and operate the array on County property. Maricopa County will then purchase the electricity output of the array at a fixed cost of $.09/kWh for ten years, which is a substantial reduction from the current and estimated future rates for electricity. At an expected annual output of approximately 517,500 kWh of electricity per year, the County is projected to save $120,000 on the cost of electricity over the first ten years. Over the 20 year useful life of the array, the electricity generated will reduce the County’s carbon footprint by more than 14.8 million pounds of CO2 and will result in a positive cash flow for the County. Additionally, authorize the Director of the Facilities Management Department to execute any Estoppel Agreements required through the life of the contract that are approved as to form by legal counsel. There is no capital cost to the County. By purchasing the power at the reduced rate, a net savings will result to the County rather than an expenditure. (C-91-10-159-5-00)

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77. AMENDMENT TO SOLAR SERVICES AGREEMENT WITH CARBONFREE TECHNOLOGY CORP FOR JACKSON STREET GARAGE (#3315) Approve Amendment No. 1 to Solar Services Agreement between CarbonFree Technology Corp. and Maricopa County through the Facilities Management Department for Jackson Street Garage (#3315). The purpose of this amendment is to extend the time to complete pre-installation activities from October 1, 2010 to January 1, 2011. This amendment is non-financial and is effective from October 1, 2010 until April 12, 2025. All other terms and conditions of the Agreement remain in full force and effect. (C-91-10-159-5-01)

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92. TERMINATION OF SOLAR SERVICES AGREEMENT FOR THE JACKSON STREET GARAGE (#3315) Approval of this agenda item will serve as the notice of termination of the contract per the provisions of Section 12.1.1 of the Solar Services Agreement for the Jackson Street Garage (#3315). On April 14, 2010, the Board of Supervisors executed a Solar Services Agreement with CarbonFree Technologies (CFT) for the Jackson Street Garage (3315). As of March 22, 2011, CFT was in a state of default as defined in Section 11.2.1 of the Solar Services Agreement due to the failure of CFT to install the system. (C-91-10-159-5-02)