HomeMy WebLinkAboutAgenda - 08-29-2005-3ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
WORKSESSION AGENDA ITEM ABSTRACT
Meeting Date: Augtast 29, 2005
Action Agenda
Item No. ~__
SUBJECT: Joint Orange County-Chapel Hill-Carrboro
Greenhouse Gas Emissions Inventory and Action Plan
DEPARTMENT: Environment and Resource
Conservation
PUBLIC HEARING: (Y/N) No
ATTACHMENT
1) Memorandum of Agreement, with attachments
2) Proposed Contract with IES
3) Information about Greenhouse Gas Emissions
INFORMATION CONTACT:
David Stancil, 245-2598
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To review a memorandum of agreement and other plans for the proposed joint
initiative with the towns of Carrboro and Chapel Hill for a Greenhouse Gas Emissions
Reduction Inventory and Action Plan, and executing a contract ICLEI Energy Services of
Toronto to undertake the project. The Chapel Hill Tawn Council and Carrboro Board of
Aldermen approved the MOA and project in .June of this year.
BACKGROUND: At the Assembly of Governments meeting of September 2003, the elected
boards from Orange County, Chapel Hill and Carrboro agreed to collaborate together on a
proposed project to address greenhouse gas (or GHG) emissions. As members of the
International Council of Local Environmental Initiatives (ICLEI) and the Cities for Climate
Protection program, the three local governments have jointly committed to undertaking an
inventory of greenhouse gas emissions and an action plan to effect reductions in emissions.
The Boards agreed to pursue the project with the County's Environment and Resource
Conservation Department serving as project coordinator.
As reported at the September 2004 Assembly of Governments meeting, a joint staff work
group from the three jurisdictions and UNC developed a scope of work and solicited qualified
firms through a Request for Qualifications during late 2003 and early 2004. After several
months of qualifications review and clarifying questions, the staff work group agreed on a
recommended consultant for the project, ICLEI Energy Services (IES) of Toronto. During the
last six months, the staff work group has developed a proposed Memorandum of Agreement
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between the jurisdictions (attached) that outlines the project cost shares and responsibilities,
and a draft contract with IES for the work (also attached), The MOA has now been
considered and approved by the Chapel Hiil Town Council and the Garrboro Board of
Aldermen.
In essence, IES would conduct this project over 4-5 months, beginning in the fall of 2005,
The consultant would work with a Joint Staff Committee and a project Air Quality Advisory
Committee (AQAC) to accomplish the fallowing tasks:
1) Inventory GHG emissions during the selected base year (2000);
2) Forecast emissions over a selected planning period, up to the target year of 2025;
3) Develop an Emissions Reduction Target;
4) Identify actions that local governments, business, industry and the community could
take to reduce GHG emissions through 2025; and
5) Develop a GHG Emissions Reduction Action Plan from the above
As proposed in the attached MOA, approximately four to six meetings of the AQAC would be
held at various points in the process - to receive the results of the inventory and forecasts,
develop a reduction target and create the action plan, The AQAC is proposed to include 13
members, as follows:
• 1 Orange County Commissioner
• 1 Chapel Hill Town Council member
C• 1 Garrboro Alderman
• 1 representatives from UNC
• 3 representatives from the energy industry (one appointed by each jurisdiction)
• 6 at••large appointments (2 from each jurisdiction)
One ex-officio representative from the Town of Hillsborough would be invited to participate.
The cost of the project, as per the contract, is up to $45,000. A grant in the amount of
$14,100 has been awarded from the Durham-Chapel Hill-Garrboro Metropolitan Planning
Organization (DCHC MPO). The remaining cost would be shared by the three parties, with
costs allocated per jurisdiction based on the cost-share formula used for other previous joint
projects among the three jurisdictions, as outlined below in the Financial Impact section.
(Orange County's funding portion was included in the FY 2004-05 budget and has been
retained in FY 2005-06).
The draft MOA and contract have been considered and adopted by the Towns. Upon
agreement by the County and authorization of the contract, appointments to the AQAC would
occur in September as data is being collected, with the process kicking off in late-September
and ending in early 2006.
FINANCIAL IMPACT: The total cost of the project, as per the proposed contract with IES, is
up to $45,000, A grant in the amount of $14,100 has been awarded for transportation-related
casts from the Durham-Chapel Hill-Garrboro Metropolitan Planning Organization (DCHC
MPO), The cost-share for the remainder of the project is based on proportional population
from the 2000 U.S, Census, with Orange County assuming the cost for the Town of
Hillsborough, Orange County's share of the cast (44.6% of the project) would be $13,781.
This funding exists and was included in the FY 2004-05 budget for ERCD and has been
rolled forward into FY 2005-06,
RECOMMENDATION(S): The Manager recommends that the Board
1, Consider the Memorandum of Agreement as approved by the towns of Carrboro
and Chapel Hill, and identify any changes needed (which will require ratification by
the Town boards),
2. Review the proposed contract for services with IES of Toronto, with the project to
commence with data gathering on September 8, 2005,
3, Accept the grant in the amount of $14,100 from the DCHC MPO, and
4, Authorize staff to solicit appointment of Orange County members to the Air Quality
Advisory Committee (including one County Commissioner), to be appointed in
September,
An action item would be prepared for the September 7 BOCC agenda to formally approve
the MOA and the contract.
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
MEMORANDUM OF AGREEMENT
TOWN OF CHAPEL, HILL, TOWN OF CAR.RBORO AND THE
COUNTY OF ORANGE
GREENHOUSE GAS EMISSIONS REDiJCTION PROJECT
THIS AGREEMENT, made and entered into between the Town of Chapel Hill, North Carolina,
a North Carolina municipal corporation, 405 Martin Luther King Jr. Blvd,, Chapel Hill, NC
27514 (hereinafter referred to as "Chapel Hill"), the Town of Cazrboro, a North Carolina
municipal corporation, .301 West Main Street, Carrboro NC 27510 (hereinafter referred to as
"Cazrboro"); and the County of Orange, a North Carolina municipal corporation, 200 South
Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred to as "County"), for a
joint project for the inventory and reduction of greenhouse gas (GHG) emissions:
WHEREAS, the parties to this agreement aze public bodies, politic and corporate, under the laws
of the State of North Carolina; and
WHEREAS, the parties are vested with the power and authority to undertake joint projects for
the health safety and general welfare of the citizens; and
WHEREAS, Carrboro, Chapel Hill, and the County are all members of the International Council
of Local Environmental Initiatives (ICLEI) and the Cities (Counties) for Climate Protection
(CCP) program; and
WHEREAS, as members of ICLEI and CCP, the County, Cazrboro, and Chapel Hill are all
required to conduct an inventory and action plan for reducing GHG emissions, which are a
contributor to diminished air quality and ground level ozone; and
WHEREAS, Chapel I-Iill, Carrboro, and the County recognize the mutual benefits and economies
that would be received by developing a joint Countywide plan; and
WHEREAS, the County agrees to accept the financial share of cost of municipalities in the
County that are not members of ICLEI or parties to this agreement:
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
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1. .Jointly undertake a Greenhouse Gas Emissions Inventory and Reduction Local Action
Plan for the entirety of Orange County, as shown in the scope of work provided as
Schedule A, at a projected total cost of $45,000.
2. That Orange County, through the County's Environment and Resource Conservation
Department (ERGO), shall serve as the coordinating jurisdiction for administration of the
project. Upon execution of this Memorandum of Agreement, Orange County shall
manage the contract and approval payments thereto, and will invoice the Towns of
Carrboro and Chapel Hill for their portions of the project costs as shown in item 4 below,
consistent with the payment schedule in the contract between ICLEI Energy Services and
Orange County referenced in item 5 below.
3. Accept a grant in the amount of $14,100 (or 80% of the transportation-related project
costs) from the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization
towards this project.
4. Share the local government percentage of the cost of said project via apreviously-used
method for joint projects based on the 2000 Census, as follows:
• Ora~rge County 44.6% (projected share, $1.3,781)
• Chapel Hill 41,2% (projected share, $12,731)
• Carrboro 14,2% (projected share, $4,388)
br the event that project costs are estimated to exceed $45,000, the elected boards of
each jurisdiction shall consider a revised project budget,
5. That the Project Deliverables and Timetable of Activities shall be as shown in the
attached Schedule A, "Scope of Work for Greenhouse Gas Emissions Inventory
Reduction and Local Action Plan" and in the contractual agreement to be finalized
between ICLEI Energy Services and Orange County, NC.
6. That staff from the Planning Departments of the Town of Carrboro, Town of Chapel Hill,
and Orange County shall work with Orange County ERCD staff to implement the project
as a .Joint Staff Committee, which may also include staff from the Durham-Chapel Hill-
Carrboro Metropolitan Planning Organization, the University of North Carolina, and the
Orange County Solid Waste Department. Orange County ERCD will work with the
consultants on the creation of agenda materials, mailings and other administrative duties,
in coordination with staff from the Towns,
7. Consistent with the Scope of Work and contract, an Air Quality Advisory Committee
(AQAC) will be formed to work with the consultant and staff on the project. This
Advisory Committee of 13 members shall include representatives of air quality
stakeholder groups as follows:
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•:• 1 elected official from each of the parties to this agreement (the Carrboro Board of
Aldermen, the Chapel Hill Town Council, and the Orange County Board of
Commissioners; 3 total))
4. 2 at-lazge appointments, made by the elected body of each,jurisdiction as listed above
(6 total)
•3 3 representatives of the energy industry, 1 appointed by each of the parties to this
agreement (the Carrboro Board of Aldermen, the Chapel Hill Town Council, and the
Orange County Board of Commissioners; .3 total))
:• 1 representative appointed by the University of North Cazolina at Chapel Hill (1 total)
In addition, the Town of Hillsborough would be invited to make 1 ex-officio appointment
to the Advisory Committee, to be appointed from the Town Board of Commissioners.
8. AMENDMENTS: This agreement may he amended by mutual written agreement of
Chapel Hill, Carrboro and the County,
9. TERMINATION: Any party to this agreement may terminate its involvement by
sending written notification to the other parties at least sixty (60) days prior to withdrawal
from the project. Funding shares as outlined above are non-refundable upon execution of
this agreement. The remaining parties to the agreement may continue to pursue the
project as defined herein.
10. TERM: This agreement shall exist and continue for a period of two (2) years, beginning
July 1, 2005 and ending June .30, 2007.
11. GOVERNMENTAL APPROVALS: Nothing in this Agreement shall be construed as
waiving, modifying or granting any local goverxunent permits or approvals which maybe
necessary for the implementation of project findings.
12. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of the
parties hereto,
IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and
caused it to be executed in their behalf by the undersigned agents.
This, the --- day of , 2005.
TOWN OF CARRBORO
Michael Nelson, Mayor
Attest: Town Clerk
Approved as to form and authorization:
Town Attorney
TOWN OF CHAPEL HILL
Kevin Foy, Mayor
Attest: Town Clerk
Approved as to form and authorization:
Town Attorney
COUNTY OF ORANGE
Moses Carey, Jr. ,Chair
Orange County Commissioners
Attest: Donna Baker, Clerk to the Board
Approved as to Form and authorization:
County Attorney
This Agreement has been pre-audited in the manner required by the Local
C,overnrrrent Budget and Fiscal Control Act.
Orange County Finance Director
Town of Can-boro Finance Director
Town of Chapel Hill Finance Director
SCHEDULE A
Scope of Work
Greenhouse Gas Emissions Reduction Inventory and Action Plan
June 2, 2005
1.1 Project Approach
The proposed approached for the completion of a,joint Greenhouse Gas (GHG)
Emissions Inventory and Reduction Local Action Plan for Carrboro, Chapel Hill and
Orange County will fall into six phases. Each phase is described in detail below.
Please 1-Project Start-Up
Key staff from each local governmental entity will be brought together to form the Joint
Staff Committee These staff will be key data providers for the inventory and measures
quantification, The joint staff committee representatives would be augmented with
persons engaged in residential, commercial and industrial energy consumption,
transportation patterns and waste disposal, i,e. public utilities, grassroots organisations,
and public transit.
Additionally, an Air Quality Advisory Committee will be formed with representatives
from local elected boards, the University of North Cazolina and other representatives of
the energy ands utility field. Once the Joint Staff Committee is established, preliminary
data collection with begin. Upon establishment of the AQAC, a kick-off meeting will be
held to review and confirm the project details and continue the data collection phase of
the project,
IES may work with the Joint Staff Committee to hold forums to reach a broader range of
staff and representatives from institutional, commercial and industrial energy
consumption to enhance and augment the data collection.
Phase 2 -Inventory Data Collection
IES will work with members of the Joint Staff Committee to collect GHG inventory data
for the baseline year 2000 and the target year 2025. The inventory will be based on
energy consumption and solid waste generation for the following community and local
government sectors:
Community Local Government
Residential Buildings
Commercial Vehicle Fleets
Industrial Streetlights
Transportation Water & Sewage Operations
Waste Waste (from local government
operations)
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IES will follow the internationally recognised methods for collecting data, calculating
GHG emissions, and projecting future GHG emissions outlined in the CCP Protocol. If
pieces of data are unavailable, IES will use established methods of data simulation to
ensure the project is not delayed.
At this point in the project the AQAC will receive an interim report outlining the GHG
inventory and forecasting results and analysis. A period of at least .30 days will be allotted
to provide participants time to review this interim report. Al] transportation-related tasks
and components will be reported separately to satisfy the requirements of the Durham-
Chapel Hill-Caxrboro Metropolitan Planning Organization funding.
Phase .3 -Determine and Quantify Historic and Existing Measures
This phase of the project will involve reviewing the historic and existing GHG reduction
measures the local governments have already put in place. Information about each of the
projects (i.e. municipal building retrofit or community home audits) will be gathered and
compiled by IES via the Joint Staff Committee members. With this information, IES will
utilize the CCP software and Protocol to quantify the GHG reduction impact of the
measures. Once the review is complete IES will report the findings back to the Joint
Staff Committee azrd AQAC members. Again, transportation-related reports will be
tracked separately to satisfy funding requirements,
Phase 4 -Identify Potential New Measures
Phase four of the project will identify potential new measures to be included in the Local
Action Plan. The inventory and forecast completed in phase two will provide a basis
from which to identify target GHG emission reduction areas/sectors. Additionally, the
analysis of historic and current measures will reveal the GHG emission reductions
accrued in each area sector. With this information at hand, the AQAC (and Joint Staff
Committee) will be gathered to brainstorm a list of potential new measures (or expansion
of current measures) that could be implemented to help reduce GHG emissions, IES will
feed this process by providing informatian about best practices within the ICLEI and
CCP network,
IES will then take this list of potential new measures (including strategies outlined in the
2025 LRTP) acrd determine the potential GHG reductions, energy savings and cost
savings of each measure utilising the CCP Software and Protocol (transportation
measures will be reported independently).
Phase S-Identify a GHGEurission Target
The previous phases will lead to the development of recommended GHG emission
reduction targets far bath the community and local government operations. The historic,
current and potential future measures will be analysed and compiled to create future
GHG emission scenarios based on differing levels of investment nn behalf of the local
governments. For' instance, conservative and optimistic scenarios could be created to
illustrate the level of future GHG emissions given different packages of potential
measures, The scenario definitions and composition will be agreed upon by the AQAC,
By comparing the scenarios against the baseline inventory and Business as Usual (BAU)
Forecast completed in phase 2, future GHG emissions targets can be established, At this
stage in the project the AQAC Groups can consider the results of the measures
quantification process and agree upon a recommended GHG emissions target.
Please 6 - Fornuelate and Approve Local Action Plmi
The last phase in the project will entail drafting and finalising the Local Action Plan. The
report will be drafted by IES and then circulated to the AQAC for comment within a
specified timeframe. The AQAC will be presented with the Draft Report by IES.
Comments will then be incorporated into the report and a final report will be produced.
Should the report require approval by other staff, it will occur at this phase, The Final
Report will be presented to the AQAC, the Transportation Advisory Committee of the
DCHC MPO and the governing boards of Carrboro, Chapel Hill and Orange Country for
adoption.
The local govenunents will be provided with multiple copies of the final report as well as
,pdf versions and copies of the CCP GHG software files.
Coordination with Carbon Reduction Project
Should the Chapel Hill Town Council decide to ,join the Carolina Environmental Program
(CEP) at UNC-Chapel Hill as a participant in the Carbon Reduction Project, IES will
coordinate the development of the GHG Emissions Inventory and Reduction Local
Action Plan with the Chapel Hill-CEP Carbon Reduction Project.
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1.2 Potential Interaction Points
The following table presents the eight possible interaction points with the Air Quality
Advisory Group. The second column in the table indicates which local meeting will be
used to address the subject area, and the final column elaborates on how the subject area
will be addressed in prepazation far the local meetings. A fifth meeting of the AQAC may
use teleconferencing with IES, as needed,
Table 1 -Potential Interaction Points with Air Quality Advisory Group
1 ~ ~ ~ i
Kick-off meeting Local meeting 1 Email and telephone will be used to prepare for the
meeting and brief participants of the action items
they can expect at the first local meeting. This will
ensure that the first local meeting addresses not
only preliminary introductions to the process, but
also prepares members for the steps-ahead and
ex lains data collection erformed to date.
Report on data Local meeting 2 Data will be collected via email, telephone, fax and
mail. Conference calls will be used on an as-need
basis to report on data and make decisions as a
group. The second local meeting will be used to
re ort on the data anal sis.
Roport on forecasts Local meeting 2 Forecasting data will be collected via email,
telephone, fax and mail. Conference calls will be
used on an as-need basis to report on forecasting
data and make decisions as a group. The second
local meeting will be used to report on the
forecastin data anal sis.
Report on measures to reduce Local meeting 3 Measures information will be collected via email,
emissions /Identify GHG telephone, fax and mail. Conference calls will be
Target used on an as-need basis to report on data and
make decisions as a group. The third local meeting
will be used to re ort on the measures analysis.
Presentation of draft report Local meeting 3 Each of the group members will be asked to review
and comment on the draft report before the 3rd
local meeting (via phone, email or conference call
as necessary). This will ensure the third local
meetin focus' on ma'or issues and considerations.
Presentation of final draft Local meeting 4 We will attempt to coordinate the presentation of
report to Advisory Group the final draft reports to the Advisory Group, MPO
and elected boards during the same trip to make the
most effective use of time and money.
Presentation of final drag Local meeting 4 We will attempt to coordinate the presentation of
report to MPO the final draft reports to the Advisory Group, MPO
and elected boards during the same trip to make the
most effective use of time and mone .
Presentation of final draft Local meeting 4 We will attempt to coordinate the presentation of
report to elected boards the final draft reports to the Advisory Group, MPO
and elected boards during the same trip to make the
most effective use of time and money.
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1.3 Proposed Timeline
The table below presents the proposed timeline for the project. It is anticipated that the
project will run over afour-month timeframe, with October as the updated start month..
IES will review the timeline with the project participants during the Project Start-Up
phase and will update it as needed.
Table 2 -Timeline
,~
Project Start-U a ~~~ ~ ~
Select team
Assi n ro'ect duties
Pro'ect launch meetin
Formation of Air Quali Advisor Grou
Mee6n with ke data roviders
Establish ro'ect team list serve
Data & Information Gatherin
Pre are letter of authorization
Obtain conununi invento & documentation
Collect 2000 communi inventor data & info
Collect 2000 cor orate inventor data & info
Collect historic measures data & info.
Simulation of unavailable data
Re ort to Adviso Grou on data & info
Receive & Vet Data Information
Trans ose a errecords
Cate orize & cumulate data
Confirm & clarif data
Enter data into ICLEI software
Identify & Model Future Measures
Examine otential to ex and historic measures
Identif best radices throu h ICLEI network
Exam le ublic awareness o ortunities
13rainstorxnin session with Advisor Grou
Model Reduction Tar et
Create scenarios based on measures
Report to Advisory Group potential measures
& reductions
Re ort Pre aration
Write draft
Submit draft to Advisory Group, committees,
ovemin boards for comments
Obtain comments from reviewers
Revise draft into 5nal
Project Com letion
Present draft final re ort to Advisor Grou
Present draft final report to Transportation
Advisor Comunittee
Present draft final re ort to ovemin boards
Submit final re ort.
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Schedule B
Payment Schedule and List of Deliverables
List of Deliverables
The table below presents the lcey tasks and timing associated with this project. Those
highlighted in pink are considered key deliverables in the project:
Entering the data into the ICLEI software -the data collected in this project will
be summarized and made available to the client through the ICLEI software.
Presentations to Advisory Group, Transportation Advisory Committee &
Governing boards -the presentations will be made available to the client for
future use and adaptation
Final report -the final report will be delivered to the client in hard copy as well as
electronic.
„
Pro'ect Start-U
Select team
Assi n ro'ect duties
Pro'ectlaunch meetin
Formation of Air Quali Adviso Grou
Meetin with ke data roviders
Establish ro'ect team list serve
Data & Information Gatherin
Pre are letter of authorization
Obtain communi inventor & documentation
Collect 2000 communit invento data & info
Collect 2000 co orate invento data & info
Collect historic measures data & info.
Simulation of unavailable data
Re ort to Adviso Grou on data & info
Receive & Vet Data Information
Trans ose a er records
Cate orize & cumulate data
Confirm & clarif data
Payment Schedule
The table below presents the project payment schedule and the anticipated invoice dates.
The payment schedule has been broken into .3-phases to simplify administration and
accounting procedures.
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I (p
This Agreement made in triplicate this _ day of 2005
BETWEEN:
ICLEI ENERGY SERVICES OPERATING AS INTERNATIONAL COUNCIL FOR
LOCAL ENVIRONMENTAL INITIATIVES
Hereinafter referred to as the "Contractor"
-and-
THE ORANGE COUNTY
A political subdivision of the State of North Carolina, USA, hereinafter referred to
as the "County"
WHEREAS the County, acting on behalf of the County and the Towns of Chapel Hill
(NC) and Carrboro (NC) (hereinafter referred to as "Towns") sought a proposal for a
Countywide Greenhouse Gas Emissions Inventory and Reduction Local Action Plan;
AND WHEREAS the County and Towns accepted the proposal from ICLEI Energy
Services including a list of Deliverables, for the Countywide Greenhouse Gas Emissions
Inventory and Action Plan, attached hereto as Schedule "A" (the Proposal") as revised,
subject to a contract being entered into between the parties hereto;
AND WHEREAS the County and the Contractor have agreed that the Contractor will
provide services to the County in accordance with the terms and conditions of this
agreement;
NOW THEREFORE, that in consideration of the covenants contained herein, the
County and the Contractor mutually agree as follows:
The Contractor shall collect and analyze data for compilation of the Countywide
Greenhouse Gas Emissions Inventory and Action Plan in a diligent, timely and
professional manner using qualified staff, in accordance with the Contractor's
Proposal and List of Deliverables (all of which are attached as Schedule "A"
herewith and the parties agree are incorporated into and form part of the terms
and conditions of this Agreement),
2. The County (and other parties as per a Memorandum of Agreement with the
Towns shall pay the Contractor an amount of Forty Thousand Dollars
($40,000,00) in accordance with those payment terms set out in the Contractor's
Proposal, with a maximum amount of Forty-Five Thousand Dollars ($45,000) with
the additional $5,000 for travel-related expenses as needed and agreed to by the
parties; provided that the estimated cost to complete the services as set out in
the Proposal shall be the maximum amount that the County shall be obliged to
pay the Contractor unless otherwise agreed to in writing between the parties,
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3, This contract shall commence immediately and this project shall be completed
within the timeline identified in the proposal unless an extension of time is agreed
upon by both parties.
4, The Contractor shall provide the services independently and shall not be deemed
to be an employee of the County for any purpose,
5. Unless otherwise provided in this Agreement, the Contractor shall not
subcontract or permit the subcontracting of any portion of the services to any
other individuals, firms or corporations at any time without the prior written
consent of the County, and any purported assignment made without that consent
is void and of no effect,
6, Any notice request, demand, consent, approval, correspondence, report or other
communication required pursuant to or permitted under this Agreement must be
in writing and must be given by personal delivery or first-class mail with postage
or charges prepaid, Additional copies may be transmitted by fax, email or other
electronic medium that provide a hard copy, The correspondence should be
addressed to the party to whom it is intended at its address as set out below:
To the County:
Orange County ERCD
ATTN: David Stancil
P.O, Bax 8181
306-A Revere Rd,
Hillsborough, NC 27278
dstancil@co.orange.nc.us
FAX: (919) 644-3351
To the Contractor:
ICLEI Energy Services, International Council for Local Environmental Initiatives
ATTN: Megan Jamieson
City Hall, West Tower, 16th Floor
1Q0 Queen Street West
Toronto, Ontario
miamieson(a~iclei.orq
FAX: (416) 392-1478
Any such notice shall be deemed to be received, if personally delivered or sent
by fax, email or other electronic medium, on the day it is sent and if such notice is
sent by first class mail it shall be deemed to have been received on the date that
is five (5) days after the date of mailing.
7. No assignment of the Agreement shall relieve the Contractor from any obligation
under the Agreement or impose any liability upon the County, unless otherwise
agreed to in writing by the County,
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8. A Payment Schedule and List of Deliverables for the project is attached and
incorporated as Schedule "B" to this Agreement, which sets forth the anticipated
dates when payment may be requested by the Contractor, and the dates when
the Contractor is expected to deliver specified deliverables to the County as part
of Contractor's services under this Agreement.
9. The County shall;
a. designate in writing a representative to have authority to transmit
instructions to and receive information from the Contractor.
b, Immediately, ar as soon as possible, notify the Contractor whenever the
County, or the County's representative, becomes aware of any defect or
deficiency in the performance by the Contractor of its obligations under
this agreement.
10.No amendment to this Agreement shall be binding unless it is incorporated into
the Agreement by written amendment executed by the authorized
representatives of the County and of the Contractor.
11.The Contractor shall carry out the work in a diligent and efficient manner; ensure
the work is of proper quality, material and workmanship; is in full conformity with
the specifications and drawings; and meets all other requirements of the
Contract,
12,The work and any and all parts thereof shall be subject to inspection. Services
provided shall be to the satisfaction and acceptance of the County which
acceptance may not be unreasonably withheld or delayed.
13.The Contractor shall comply with all laws applicable to the performance of the
services.
14.The Agreement shall not be assigned, in whole or in part, by the Contractor
without the prior consent in writing of the County, and any purported assignment
made without that consent is void and of nc effect,
15. No assignment of the Agreement shall relieve the Contractor from any obligation
under the Agreement or impose any liability upon the County, unless otherwise
agreed to in writing by the County,
16,The Contractor agrees to take out and maintain for the term of this Agreement
comprehensive general liability insurance with minimum limits of $2,000,000 per
occurrence combined single limit for bodily injury, liability and property damage
liability; Professional Errors and Qmissions Liability coverage with minimum limits
of $1,000,000 per claim and $1,000,000 aggregate; and Workers Compensation
coverage to apply for all employees of Contractor for statutory limits in
compliance with State and federal laws, with the policy to include employers'
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liability with minimum limits of $100,000 per accident, $100,000 bodily injury by
disease for each employee and $500,000 policy limit for bodily injury by disease.
The County is to be included as an additional insured on Contractor's
comprehensive general liability insurance policy.
17.The Contractor shall indemnify and save the County harmless from and against
all claims, losses, damages, costs, expenses and other actions caused by or
attributed to any willful or negligent act, omission or delay on the part of the
Contractor or its employees, sub-Contractor or agents, related in any way to the
services provided by the Contractor pursuant to this Agreement, and this
provision shall survive the termination of this Agreement.
18.The Contractor shall comply with all applicable federal, state and Iccal laws,
regulations and policies prohibiting discrimination.
19.The Contractor must ensure that its
trained and work safely and are in
standards established for the industry,
employees are properly instructed and
full compliance with applicable safety
20,Any condoning, excusing or overlooking by the County of any default, breach or
non-observance by the Contractor of any covenant, proviso or condition herein
contained does not operate as a waiver of the County's rights hereunder in
respect of subsequent defaults, breaches or non-observances and does not
defeat or affect in any way the rights of the County herein with respect to any
subsequent defaults or breaches,
21. Notwithstanding anything contained in this Agreement to the contrary; the County
may, at any time prior to the completion of the services, terminate this Agreement
with or without cause by giving thirty (30) days written notice to the Contractor.
Upon a termination notice being given, the Contractor shall immediately cease
services in accordance with and to the extent specified in the notice.
22, In the event of a termination notice being given by the County in accordance with
this Agreement, the Contractor shall be entitled to be paid, the extent that costs
have been reasonably and properly inaarred for the purposed of performing the
services and for which the Contractor has not already been so paid or
reimbursed by the County,
23.The Contractor shall have no claim for damages, compensation, loss of profit,
allowance or otherwise by reason of, or directly or indirectly arising out of, any
action taken or termination notice given by the County, except to the extent that
this Agreement expressly provides.
24,A11 of the Contractor representations and warranties set out in this Agreement
and the Proposal as well as the provisions concerning indemnity against third
party claims, shall survive the expiry of this Agreement or the termination of the
Page 4 of 6
ao
Agreement for default, for convenience or by mutual consent, as shall any other
provision of the Agreement which, by nature of the right or obligations set out
therein, might reasonably be expected to be intended to so survive.
25.The Agreement constitutes the entire and sole Agreement between the parties
with respect to the subject matter of the Agreement and supersedes all previous
negotiations, communications and other agreements, whether written or oral,
relating to it, unless they are incorporated by reference in the Agreement. There
are no terms, covenants, representations, statements or conditions binding on
the parties other than thane contained in the Agreement and the exhibits thereto.
26. This Agreement shall be construed as governed in accordance with the laws of
the State of North Carolina.
27. This Agreement shall be binding upon and ensure to the benefit of the parties
and their respective successors and assigns.
Page 5 of 6
ai
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
affixed their seals under the hands of their duly authorized signing officers in that behalf.
SIGNED, SEALED & DELIVERED
FOR ORANGE COUNTY:
Moses Carey, Chairperson
Orange County Board of Commissioners
ATTEST:
Clerk to the Bcard
FOR CONTRACTOR:
ICLEI ENERGY SERVICES OPERATING AS
INTERNATIONAL COUNCIL FOR LOCAL
ENVIRONMENTAL INITATIVES
This instrument has been preaudited in the manner required by the Local Government
Budge and Fiscal Control Act,
Orange County Finance Director.
Page 6 of 6
ICLEI US: how it works
Z,`'~"~
l Governments #ar,Sustaina
~~ .
rams
How it works
Once cities make the commitment to participate in the CCP
Campaign, ICLEI provides experienced staff, software tools, and a
wide variety of programs and technical assistance to help local
governments reduce greenhouse gas emissions in an effective,
efficient manner.
Benefits of Participation
ICLEI provides local governments that participate in the CCP
Campaign with access to the following resources:
. Software products and associated training to assist with the
quantification of greenhouse gas reductions and other
benefits of climate protection planning,
. Access to a professional network of peers through listservs,
newsletters, conferences, and workshops,
. Case studies, fact sheets, policy and practice manuals,
toolkits and guides on approaches that other local
governments have successfully used to reduce greenhouse
gases,
. Training workshops for staff and elected officials on how to
develop and implement effective long-term emission
reduction strategies..
. Technical assistance in designing and implementing actions
to reduce greenhouse gas emissions.
Notification of relevant grant opportunities,
. Assistance in publicizing local climate protection successes.
In addition, the communities that participate in CCP also benefit
from the actions that they take to reduce greenhouse gas
emissions through:
Financial savings in reduced utility and fuel costs to the local
government, households, and businesses,
Improved local air quality, contributing to the general health
and well being of the community.
Economic development and new local jobs as investments in
locally produced energy products and services keep money
circulating in the local economy.
Getting Started
Local governments begin participating in the CCP Campaign by
passing a resolu#ion pledging to reduce greenhouse gas emissions
as
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sSearch nog
http://www.iclei.org/index.php?id=1120 8/25/2005
climate
protection
ICLEI US: how it works
a3
from their local government operations and throughout their
communities. Each local government sets its own emission
reduction target and develops a Local Action Plan outlining actions
that the city will pursue to meet its target.
After passing the resolution, the local government designates a
staff member and an elected official to serve as the city's liaisons to
ICLEI. The liaisons then receive welcome packets from ICLEI that
include a detailed Toolkit This toolkit leads the local government
staff person step-by-step through the 5 Milestone process.
The 5 Milestones_
The methodology underlying the 5 Milestones of the CCP
Campaign provides a simple, standardized means of calculating
greenhouse gas emissions, of establishing targets to lower
emissions, of reducing greenhouse gas emissions and of
monitoring, measuring and reporting performance. ICLEI has
developed a software tool that helps cities comply with the
methodology, The 5 milestones are:
Conduct a baseline emissions inventory and forecast. Based
on energy and waste data, the city calculates greenhouse
gas emissions for a base year (e g , 2000) and for a forecast
year (e.g., 2015). The inventory and the forecast capture
emissions from all municipal operations (e g., city owned
and/or operated buildings, streetlights, transit systems,
wastewater treatment facilities) and from all community-
related activities (e.g,, residential and commercial buildings,
motor vehicles, waste streams, industry). The inventory and
forecast provide a benchmark against which the city can
measure progress.
2 Adopt an emissions reduction target for the forecast year,
The city passes a council resolution establishing an emission
reduction target for the city. The target is essential both to
foster political will and to create a framework to guide the
planning and implementation of measures.
3 Develop a Local Action Plan The local government develops
a Local Action Plan that describes or lists the policies and
measures that the local government will take to reduce
greenhouse gas emissions and achieve its emissions
reduction target. Most plans include a timeline, a description
of financing mechanisms, and an assignment of
responsibility to departments and staff. In addition to direct
greenhouse gas reduction measures, most plans also
incorporate public awareness and education efforts. The
development of the Local Action Plan should include strong
public input and involvement in order to build the consensus
among stakeholders required to implement measures.
4. Implement policies and measures. The city implements the
policies and measures contained in their Local Action Plan.
Typical policies and measures implemented by CCP
participants include energy efficiency improvements to
municipal buildings and water treatment facilities, streetlight
retrofits, public transit improvements, installation of
renewable power applications, and methane recovery from
waste management.
http://www.iclei.org/index.php?id=1120 8/25/2005
ICLEI US: how it works
5 Monitor and verify results. Monitoring and verifying progress
on the implementation of measures to reduce or avoid
greenhouse gas emissions is an ongoing process.
Monitoring begins once measures are implemented and
continues for the life of the measures, providing important
feedback that can be use to improve the measures over
time. ICLEI's software provides a uniform methodology for
cities to report on measures,
Technical Assistance
ICLEI provides cities that participate in the CCP Campaign with a
range of technical assistance. Some of the assistance is available
for free to participating local governments, Qther assistance is
available for hire from ICLEI In general, ICLEI offers assistance in
four discrete categories.
Inventory Assistance. ICLEI can assist local governments in
conducting their baseline emission inventories and their
emission forecasts, helping the city understand how and
from whom to collect the necessary data. Alternatively, ICLEI
can conduct the entire inventory and forecast on behalf of
the city, presenting the results to city staff, elected officials
and the community as and when requested by the city. If you
would like assistance with conducting your inventory, please
contact us.
Measures Identification and Quantification Assistance. ICLEI
can assist local governments in identifying potential
measures that the city can take to reduce greenhouse gas
emissions. ICLEI can also help the city quantify the emission
reductions and other benefits (financial, quality of life) from
the full range of possible policies and measures, If you would
Tike assistance in identifying measures or quantifying the
impact of measures, please contact us.
Policy Assistance. ICLEI provides case studies, fact sheets,
agenda reports, sample resolutions, policy frameworks,
model ordinance language, and (inks to key technical
information that can assist local governments implement a
wide range of measures. Check out the Tools section for
more details.
Software Assistance. ICLEI can answer most of your
questions regarding the use of the CACP software. If ICLEI
cannot answer your question, we will refer you to the
developer of the software.
a4
http://www.iclei.org/index.php?id=1120 8/25/2005
Crreenhouse Gases, Climate Change, and Energy
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Home> Greenhouse Gases Programs>Greenhouse Gases, Climate Change, and Energy
What Are Greenhouse Gases?
Many chemical compounds found in the Earth's atmosphere act as "greenhouse
gases." These gases allow sunlight to enter the atmosphere freely. When sunlight
strikes the Earth's surface, some of it is reflected back towards space as infrared
radiation (heat). Greenhouse gases absorb this infrared radiation and trap the heat in
the atmosphere. Over time, the amount of energy sent from the sun to the Earth's
surface should be about the same as the amount of energy radiated back into space,
leaving the temperature of the Earth's surface roughly constant.
Many gases exhibit these "greenhouse" properties. Some of them occur in nature
(water vapor, carbon dioxide, methane, and nitrous oxide), while others are exclusively
human-made (like gases used for aerosols).
Why Are Atmospheric bevels Increasing?
Levels of several important greenhouse gases have increased by about 25 percent since large-scale
industrialization began around 15Q years ago (Figure 1). During the past 20 years, about three-quarters of
human-made carbon dioxide emissions were from burning fossil fuels.
Figure 1. Trends in Atmospheric Concentrations and Anthropogenic Emissions of Carbon Dioxide
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Source: Oak Ridg? National Laboratory. Carbon Dioxide Informaficn Analysis C_nter,
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Concentrations of carbon dioxide in the atmosphere are naturally regulated by numerous processes
collectively known as the "carbon cycle" (Figure 2). The movement ("flux') of carbon between the
atmosphere and the land and oceans is dominated by natural processes, such as plant photosynthesis.
http://www.eia.doe.gov/oiaf/1605/ggecebro/chapterl,html 8/25/2005
Greenhouse Gases, Climate Change, and Energy
lD
While these natural processes can absorb some of the net 6 1 billion metric tons of anthropogenic carbon
dioxide emissions produced each year (measured in carbon equivalent terms), an estimated 3.2 billion
metric tons is added to the atmosphere annually., The Earth's positive imbalance between emissions and
absorption results in the continuing growth in greenhouse gases in the atmosphere.
Figure 2. Global Carbon Cycle (Billion Metric Tons Carbon)
.9
What Effect Do Greenhouse Gases Have on Glimate Change?
Given the natural variability of the Earth's climate, it is difficult to determine the extent of change that
humans cause. In computer-based models, rising concentrations of greenhouse gases generally produce
an increase in the average temperature of the Earth. Rising temperatures may, in turn, produce changes
in weather, sea levels, and land use patterns, commonly referred to as "climate change."
Assessments generally suggest that the Earth's climate has warmed over the past century and that
human activity affecting the atmosphere is likely an important driving factor. A National Research Council
study dated May 2001 stated, "Greenhouse gases are accumulating in Earth's atmosphere as a result of
human activities, causing surface air temperatures and sub-surface ocean temperatures to rise,
Temperatures are, in fact, rising, The changes observed over the last several decades are likely mostly
due to human activities, but we cannot rule out that some significant part of these changes is also a
reflection of natural variability."
However, there is uncertainty in how the climate system varies naturally and reacts to emissions of
greenhouse gases. Making progress in reducing uncertainties in projections of future climate will require
better awareness and understanding of the buildup of greenhouse gases in the atmosphere and the
behavior of the climate system.
What Are the Sources of Greenhouse Gases?
In the U.S,, our greenhouse gas emissions come mostly from energy use. These are driven largely by
economic growth, fuel used for electricity generation, and weather patterns affecting heating and cooling
needs. Energy-related carbon dioxide emissions, resulting from petroleum and natural gas, represent 82
http://www.eia.doe.gov/oiaf/1605/ggccebro/chapterl,html 8/25/2005
Greenhouse Gases, Climate Change, and Energy
a~
percent of total U,S human-made greenhouse gas emissions (Figure 3). The connection between energy
use and carbon dioxide emissions is explored in the box on the reverse side (Figure 4)
Figure 3, U.S. Anthropogenic Greenhouse Gas Emissions by Gas, 2001
(Million Metric Tons of Carbon Equivalent)
Carbon Dioxide from
Fossil Fuel Combustion
1,547..0 (82%} ~,,,
"`"""`°'"" Other Carbon Dioxide
.--"' 31.7 (2%}
Source: Energy Inrcrtnafion Administration., Emissions of Greenhouse Gases
in fhe United States 2007 {tM1'ashington. OC. Z442
Figure 4. U,S. Primary Energy Consumption and Carbon Dioxide Emissions, 2001
http://www.eia.doe.gov/oiaf71605/ggccebro/chapterl .html 8/25/2005
HFCs, PFCs, and SF
31.4 (2°!°}
Greenhouse Gases, Climate Change, and Energy
Another greenhouse gas, methane, comes from landt"ills, coal mines, oil and gas operations, and
agriculture; it represents 9 percent of total emissions. Nitrous oxide (5 percent of total emissions),
meanwhile, is emitted from burning fossil fuels and through the use of certain fertilizers and industrial
processes.. Human-made gases (2 percent of total emissions) are released as byproducts of industrial
processes and through leakage.
UVhat Is the Prospect for Future Eevtissions?
~S
World carbon dioxide emissions are expected to increase by 1.9 percent annually between 2001 and 2025
(Figure 5). Much of the increase in these emissions is expected to occur in the developing world where
emerging economies, such as China and India, fuel economic development with fossil energy. Developing
countries' emissions are expected to grow above the world average at 2.7 percent annually between 2001
and 2025; and surpass emissions of industrialized countries near 2018,
Figure 5. World Carbon Dioxide Emissions by Region, 2001-2025
(Million Metric Tons of Carbon Equivalent)
http://www,eia.doe.gov/oiaf/1605/ggccebro/chapterl,html 8/25/2005
Greenhouse Gases, Climate Change, and Energy
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Sourr:e: Eneryy Infonnallon ACministration. hlternationar Ertnryy Ou(/oak. 2003
('lJashinglan, UC 2U03),
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The U S produces about 25 percent of global carbon dioxide emissions from burning fossil fuels; primarily
because our economy is the largest in the world and we meet 85 percent of our energy needs through
burning fossil fuels. The U S. is projected to Tower its carbon intensity by 25 percent from 2001 to 2025,
and remain below the world average (Figure 6).
Figure 6. Carbon Intensity by Region, 2001-2025
(Metric Tons of Carbon Equivalent per Million $1997)
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5aurce: Energ>,~ Information Adminfstration. Irfemalicnal &rorgy Ouffnok. 2u03
(i^/aslrinyton. UC 2003).
National Energy Information Center (NEIC)
Energy Information Administration, EI-30
Forrestal Building, Room 1E-226
Washington, DC 2058
Telephone: (202) 586-8800 FAX: (202) 586-0727
E-Mail: infoctr@eia.doe.gov
For more information, see ETA's Environmental Web Site:
http_//www.eia.doe.gpv_/env_ironment. html
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Greenhouse Gases, Climate Change, and Energy
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CNN.com -Nine states break with Bush on greenhouse gases -Aug 25, 2005
31
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Nine states break with Bush on greenhouse gases
NEW YORK (Reuters) --Nine northeastern U.S. states are working on a plan to cap and then
reduce the level of greenhouse gas emissions from power plants, the first U.S, deal of its kind
and one which would see the region breaking with President George W. Bush who refused to sign
the Kyoto Protocol
The move comes as California, Washington and Oregon are considering a similar pact - a dynamic environmentalists say
could pressure the federal government to adopt a national law. Bush refused to sign the Kyoto Protocol, the greenhouse
gas reduction plan adopted by more than 150 countries.
Under the plan being worked on, New York, New Jersey, Connecticut, Delaware, Maine, Massachusetts, New Hampshire,
Rhode Island and Vermont would cap carbon dioxide emissions at 150 million tons ayear -roughly equal to the average
emissions in the highest three years between 2000 and 2004.
Starting in 2015, the cap would be lowered, and emissions would be cut by 10 percent in 2020.
Each state legislature would have to approve the caps, said Dennis Schaln, a spokesman for Connecticut's Department of
Environmental Protection,
"This is a process that would be an agreement among states and to really implement it and have a firm commitment, the
states will each have to approve legislation and regulations to meet these conditions,' he told Reuters.
The draft is being circulated among industries, power companies and environmental groups for feedback, he said. The
group hopes to reach a final agreement in September.
Phil Cherry, policy director at Delaware's Department of Natural Resources, also confirmed details of the pact.
Many scientists believe carbon dioxide and other greenhouse gases cause global warming that is affecting coastal areas,
icebergs and wildlife. Around 40 percent of U,S, carbon dioxide emissions come from fossil fuel power plants.
The United States is the world's largest emitter of carbon dioxide. The Bush administration wants cuts to be voluntary and
resists mandatory measures it says would hurt economic growth.
Many international leaders have criticized Bush's refusal to sign Kyoto, which is meant as a first step toward braking a rise
in global temperatures from abuild-up of gases from fossil fuels emitted by power plants, factories and cars..
In the absence of national control on emissions, Schain said: "This seems to be the appropriate course of action."
The so-called Regional Greenhouse Gas Initiative would explore amarket-driven cap-and-trade system where businesses
must trim emissions under set limits or buy credits from companies that have complied with the limits.
Environmentalists praised the proposed plan.
"It moves the United States fiirther toward doing something about the problem;' said Kert Davies of Greenpeace in
Washington, D.C. "That eventually allows us back into the global solving of this problem"
The deal was brokered by New York Republican Gov. George Pataki, who is weighing a White House run in 2008.
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CNN.com -Nine states break with Bush on greenhouse gases -Aug 25, 2005
`~a
Pataki spokesman Andrew Rush said no final deal had been reached but, "We've made a lot of progress and we look
forward to reaching a final agreement"
Political experts note such a plan bdngs Pataki national attention. "This is another clear signal that George Pataki is
positioning himself on the national stage to run for president;' political strategist Hank Sheinkopf said..
A regional emissions control program would likely cause higher energy prices for power company customers in the
Northeast, but Delaware's Cherry said the states had not yet decided on a method to combat rising costs.
Copyright 2005 Reuters. All rights reserved This material may not be published, broadcast, rewritten, or redistributed
Find this article at:
http://www. cnn. coml2005/US/08/25/states.emissiona.reuUindex. html
(-••••. Check the box to include the list of links referenced in the article.
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