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HomeMy WebLinkAboutresolution.council.054-05RESOLUTION# 1~ t_~ (Series of 2005) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE MUNICIPAL ENERGY AGENCY OF NEBRASKA (MEAN), SETTING FORTH THE TERMS AND CONDITIONS REGARDING EXPANDED WIND ENERGY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and MEAN, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and MEAN, regarding expanded wind energy, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~:/~__~t~ ' Ifelen KaliffK~a~demd, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held Cit~ Clerl~ 07/18/05 Second Supplemental Agreement For Wind-Generated Energy Purchase Between Municipal Energy Agency of Nebraska And The City of Aspen, Colorado This Second Supplemental Agreement for Wind-Generated Energy Purchase ("Agreement"), pursuant to City's effective firm power Service Schedule of the Electrical Resources Pooling Agreement ("ERPA"), is dated and made between the Municipal Energy Agency of Nebraska, an agency and political subdivision of the State of Nebraska ("MEAN"), and the City of Aspen, Colorado ("City") on this 4gh day of .a. uqfisg 20 05 . MEAN and City are sometimes referred to collectively as the "Parties" and individually as "Party". WHEREAS, City is a municipal corporation created under the laws of the State of Colorado; and WHEREAS, City and MEAN have entered into an Electrical Resources Pooling Agreement, a Service Schedule M Agreement for firm power service, and a Revised Supplemental Agreement dated September 1, 1995, pursuant to which MEAN is to acquire and deliver to City all of City's electrical energy requirements except that with the Western Area Power Administration, and that supplied by certain City renewable energy production facilities; and WHEREAS, City and MEAN have entered into a Supplemental Agreement for Wind- Generated Energy Pumhase executed as of October 31, 2002 ("First Supplemental Wind Agreement"), pursuant to Milch MEAN provides to City certain amounts wind-generated electrical energy as part of City's total electrical energy requirements; and WHEREAS, City has requested MEAN to provide to City additional wind-generated electrical energy, above amounts supplied under the First Supplemental Wind Agreement, as part of City's total electrical energy requirements; and WHEREAS, due to unique circumstances affecting this sale of additional wind-generated electrical energy by MEAN to City, the Parties desire to agree on certain contractual terms and conditions specific to this second sale and in addition to those that normally attend the sale of the electrical energy by MEAN to a MEAN participant; and WHEREAS, City understands and acknowledges that the energy output from a wind turbine is weather sensitive and speculative in nature and, therefore, it is likely that MEAN may 07/18/05 incur scheduling and/or delivery imbalance penalties and surcharges regarding the delivery of such energy to City; and WHEREAS, MEAN has acquired, and may continue to acquire, wind generation resources to generate and deliver wind-generated electric energy for the benefit of MEAN participants and other regional suppliers. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration the sufficiency of which is hereby acknowledged by the Parties, the Parties hereby agree as follows: 1. Representation and Warranties. Within thirty (30) days of execution of this Agreement, City shall provide an opinion of legal counsel that this Agreement has been duly authorized, executed and delivered by City and that all financial obligations undertaken or assumed by City, in connection herewith, are valid and enforceable against City in accordance with their terms. City has established by ordinance a Utility Enterprise (Enterprise) having all of the authority to act and operate in all respects as an Enterprise under Colorado law, Colorado Constitution Article X, §20. City and Enterprise represent and warrant that this Agreement has been executed in compliance with or is otherwise not subject to Article X, §20, of the Colorado Constitution (commonly known as the Taxpayer's Bill of Rights or "TABOR"). 2. Obligations of the Parties. MEAN shall generate or cause to be generated wind-generated electrical energy ("Contract Wind Energy") in amounts as shown in Exhibit A of this Agreement and shall cause to be delivered to City equivalent amounts of electrical energy. Exhibit A may be modified from time to time upon mutual agreement of the Parties. B. The generation source(s) of Contract Wind Energy may include but not be limited to the following (collectively, the "MEAN Wind Resoume Pool"): i. Wind generation facility near Kimball, Nebraska, which MEAN installed, operates and maintains ("Kimball Wind Project"); ii. Turbine Verification Project near Springview, Nebraska, in which MEAN participates pursuant to the Participation and Cost Sharing Agreement executed as of May 19, 1998, among MEAN, Nebraska Public Power District ("NPPD"), City of Auburn, Nebraska, City of 07/18/05 Grand Island, Nebraska, KBR Rural Public Power District, and the City of Lincoln, Nebraska, operating the Lincoln Electric System; iii. Wind generation facility near Ainsworth, Nebraska ("Ainsworth Wind Facility"), in which MEAN participates pursuant to the Participation Power Agreement executed as of October 26, 2004, between MEAN and NPPD ("Participation Power Agreement"); and iv. Any other wind generation resource(s) which MEAN designates as part of the MEAN Wind Resource Pool and which MEAN hereafter acquires through ownership or in which MEAN participates for the benefit of MEAN participants or other regional suppliers. C. For purposes of this Agreement, "Environmental Attributes" shall mean any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, resulting from the avoidance of the emission of any gas, chemical, or other substance attributable from the Contract Wind Energy, and all reporting rights to these avoided emissions, including those rights known as "Green Tag Reporting Rights," pursuant to which the purchaser may be entitled to report the ownership of accumulated usage of energy in compliance with federal or state law, if applicable, and to a federal or state agency or any other party at such purchaser's discretion. It is expressly agreed that City shall own the Environmental Attributes, as defined above, of the Contract Wind Energy actually generated and sold to City pursuant to this Agreement. MEAN acknowledges receipt of a certified copy of Resolution No.18, Series of 2005, a copy of which is attached hereto as Exhibit B, adopted by the governing body of City on March 16, 2005, approving the Canary Initiative for the creation of "The Aspen Global Warming Alliance" and expressing City's desire to contract with MEAN to increase City's purchase of wind-generated energy. Such resolution is hereby deemed sufficient to memorialize City's declaration of intent to retain all rights to such Enviromnental Attributes throughout the term of this Agreement. Unless otherwise agreed in writing by MEAN and City, MEAN shall have no right to transfer or sell the Environmental Attributes of City to any other MEAN participant or third party(les), and City shall be ineligible to receive any financial or billing credit(s) for any revenue from approved transfers or sales by MEAN of the Environmental Attributes owned by any other MEAN participant or MEAN. D. MEAN shall use its available resources and its best efforts to prevent any scheduling, imbalancing, or distribution penalties or surcharges from being incurred in the delivery of the wind-generated electrical energy to City. 07/18/05 City shall receive energy amounts equivalent to the Contract Wind Energy for the term of this Agreement and City shall pay all associated monthly charges, as set forth in Exhibit C of this Agreement. 3. Charges. City agrees to pay all monthly charges, as set forth in Exhibit C of this Agreement, associated with generation and delivery of the Contract Wind Energy as set forth in Exhibit A of this Agreement. The charges and costs are subject to change from time to time. Written notice of changes to the wind energy output charge, listed on Exhibit C of this Agreement, shall be provided by issuance of a revised Exhibit C to City within thirty (30) days of approval by the MEAN Management Committee or the MEAN Board of Directors. The wind energy output charge applicable to City for purchases from the Kimball Wind Project shall be maintained in accordance with the rate methodology approved by the MEAN Board of Directors. Attached hereto as Exhibit D is a certified copy of the resolution passed by the MEAN Board of Directors establishing the rate methodology effective as of September 19, 2002. The Parties agree, for the term of this Agreement, that the monthly Contract Wind Energy, as set forth in Exhibit A of this Agreement, will be subtracted from the City's monthly energy requirement to be supplied by MEAN after the energy purchase under the First Supplemental Wind Agreement and before any other energy rate calculations are performed under City's Service Schedule Agreement for firm power service, which is attached hereto as Exhibit E of this Agreement. There shall be no capacity credit applied for the wind resource since it is considered a non-firm resource. Billing and Payment. The terms and conditions for billing and payment of charges under this Agreement shall be those set forth in Article XVI of the ERPA and in City's Service Schedule Agreement for firm power service. 5. Term of Agreement. This Agreement shall become effective on the date of its execution. Pumhase of wind-generated energy by City pursuant to this Agreement shall begin on the later of (i) the first day of the calendar month immediately following the "Commercial Operation Date," defined as the commercial operation date of the Ainsworth Wind Facility designated by NPPD, provided that in the event the Commercial Operation Date falls on the first day of the month, then purchase of wind- generated energy by City shall begin on the Commercial Operation Date, or (ii) the first day of the month following execution of this Agreement, if this Agreement is executed after the Commercial Operation Date. 07/18/05 This Agreement and purchase of wind-generated energy by City hereunder shall continue for the operational life of the Ainsworth Wind Facility, unless sooner terminated in accordance with the terms below in this Section 5. B. This Agreement, and purchase of wind-generated energy by City hereunder, shall continue in accordance with the terms herein, subject to the condition that City maintains an effective Service Schedule Agreement for firm power service with MEAN. In the event City converts its ERPA participation from one firm power Service Schedule to another firm power Service Schedule, this Agreement shall continue and become supplemental to the subsequent Service Schedule, or in the case of Service Schedule J, to the Supplemental Agreement for Finn Power Interchange Service. At such time, MEAN and City shall execute an addendum to the subsequent Service Schedule Agreement for firm power service to incorporate this supplemental Agreement. At that time and as necessary, MEAN shall issue a revised Exhibit A, Exhibit B and Exhibit E of this Agreement. C. If at any time, through City's termination of its Service Schedule Agreement or otherwise, City ceases to purchase finn power from MEAN, this Agreement shall terminate, provided that because this Agreement is supplemental to City's finn power Service Schedule with MEAN, written notice of intent by City to terminate purchase of firm power from MEAN, which notice has been given in satisfaction of the notice requirements of City's firm power Service Schedule, shall be deemed to be adequate notice of intent to terminate this Agreement. D. MEAN shall have the right but not the obligation, upon thirty (30) days advance written notice to City, to terminate this Agreement or reduce the Contract Wind Energy amounts and issue a revised Exhibit A, in the event that one or more of the following occurs: One or more of the facilities or generating units within the MEAN Wind Resource Pool permanently ceases commercial operation, as declared by the owner(s) of such facility (including MEAN, in its sole discretion, for the Kimball Wind Project and all other wind generation facilities for which MEAN is the owner); or ii. The Participation Power Agreement (as defined in Section 2.B.iii above), or other agreement by which MEAN participates in a MEAN Wind Resource Pool facility, expires or is terminated in accordance with the terms thereof. In the event MEAN chooses to terminate this Agreement pursuant to this Section 5.D., the obligation of City to purchase wind-generated energy pursuant to this Agreement shall terminate on the date specified in the official notice of termination from MEAN, and this Agreement shall terminate upon issuance of the final invoice by MEAN and full payment by City. 07/18/05 E. City shall have the right but not the obligation, upon two (2) year advance written notice to MEAN, to terminate this Agreement in the event that: City contracts to participate as an owner in (a) a hydropower electric generating facility previously qualified with MEAN to supply capacity and energy to City as a substitute for MEAN resources in accordance with the Revised Supplemental Agreement to Service Schedule M executed as of September 18, 1995 between MEAN and City, or (b) a renewable energy production facility authorized by the Board of Directors of MEAN; and ii. City receives any and all required approval from the Board of Directors of MEAN for City ownership of such renewable energy generating facility, which approval may be granted or denied at the sole discretion of the Board of Directors of MEAN. Denial of such request shall not relieve City of its obligations under this Agreement, the First Supplemental Wind Agreement, or the Service Schedule M. In the event City chooses to terminate this Agreement pursuant to this Section 5.E., the obligation of City to purchase wind-generated energy pursuant to this Agreement shall terminate on the later of the date of commercial operation of the approved qualified hydropower electric generating facility, or the date two (2) years after termination notice is given by City to MEAN, and this Agreement shall terminate upon issuance of the final invoice by MEAN and full payment by City. Relationship to Other Agreements. This Agreement shall be separate from and in addition to the First Supplemental Wind Agreement executed between City and MEAN as of October 31, 2002. Termination or expiration of this Agreement shall not impair, amend, or change the First Supplemental Wind Agreement or the Service Schedule M Agreement, and nothing in this Agreement shall limit the rights of MEAN to enforce the Service Schedule M Agreement as modified by the Revised Supplemental Agreement dated September 1, 1995. Severability. If any provision of this Agreement is determined by any court or regulatory body having jurisdiction over this Agreement to be invalid or unenforceable, then it is the intention of the Parties that in lieu of each such invalid or unenforceable provision, there be added as part of this Agreement a provision as similar in terms as possible to such invalid or unenforceable provision. The remaining portions of the Agreement shall not be affected thereby and shall remain in full force and effect. 8. Integration Clause. This Agreement and the attached Exhibit(s) constitute the complete agreement of the Parties relating to the matter specified in this Agreement 07/18/05 and supersede all prior representations or agreements, whether oral or written, with respect to such matters. Except as provided in Section 3.A., no modification of this Agreement shall be binding upon either Party unless agreed to in writing and signed by both Parties. Waiver. Any waiver at any time by either Party to the Agreement of its rights with respect to a default or any other matter arising under or in connection with the Agreement shall not be deemed a waiver with respect to any subsequent default or matter arising under or in connection with the Agreement. 10. Governing Law. This Agreement shall be govemed by and interpreted in accordance with the substantive and procedural laws of the State of Nebraska. 11. Regulatory Approvals. This Agreement may be subject to the regulatory powers of any state or federal agency having jurisdiction. Each Party shall use its best efforts and shall cooperate with the other Party to obtain from all such state and federal authorities as may have jurisdiction, all authorizations, approvals, and orders to the extent required by law in order to enable them to validly enter into this Agreement and to perform all their obligations hereunder. 12. Force Majeure. No Party shall be liable for any failure to perform its obligations in connection with this Agreement, where such failure results from any act of God or other causes beyond such Party's reasonable control (including, without limitation, war, terrorism, extreme weather conditions, strikes, fires, embargos, actions of civil or military enfomement authorities) and which, by the exercise of due diligence, such Party is unable to prevent or overcome. Any Party that becomes unable to perform its obligations under this Agreement because of any such event shall immediately give notice to the other Party of the occurrence of such an event, and shall promptly notify the other Party of the anticipated duration of such an event. 13. Changes in Regulations. Should changes in legislation or regulation, either state or federal, make performance by either Party under the Agreement commercially impracticable or impractical, the Parties agree that they will renegotiate the terms of the Agreement as they have been affected by such change in regulation or legislation. 14. Notices. All notices required or permitted to be given with respect to this Agreement shall be given by (a) mailing the same postage prepaid, or (b) given by facsimile or by courier, to the addressee Party at such Party's address as set forth below. Either Party may change its address for the purpose of notice hereunder by giving the other Party no less than five (5) days prior written notice of such new address in accordance with the preceding provisions. To MEAN: Municipal Energy Agency of Nebraska ATTN: Executive Director P.O. Box 95124 Lincoln, Nebraska 68509 (402) 474-4759 voice 07/18/05 (402) 474-0473 facsimile To City: The City of Aspen, Colorado ATTN: Phil Overeynder Utilities Director 130 S. Galena St. Aspen, CO 81611-1902 voice (970)920-5110 facsimile (970)920-5117 15. Assignment. Neither this Agreement nor the rights or obligations of the Parties under this Agreement may be assigned or transferred by either Party without the prior written approval of the other Party, which approval shall not be unreasonably withheld; provided, any assignment or transfer, whether by merger or otherwise, to a Party's affiliate or successor in interest shall be permitted without prior consent if such affiliate or successor in interest assumes this Agreement in total and the assignor provides notice to the other Party at least thirty (30) days prior to the assignment or transfer. 16. Arbitration. Ifa dispute between the Parties should arise under this Agreement, either Party may call for submission of the dispute to arbitration, which call shall be binding upon the other Party. The arbitration shall be governed by the Commercial Industry Rules of the American Arbitration Association (or the rules and practice of a similar organization if the American Arbitration Association should not then exist), with the proviso that the arbitration panel shall, in all events, consist of three (3) arbitrators, one chosen by each of the Parties and the third chosen by those two (2) arbitrators. The Parties agree that once the three (3) arbitrators are selected that they shall at all times thereafter function as neutral arbitrators. 1N WITNESS WHEREOF, the Parties hereto have caused this Second Supplemental Agreement for Wind-Generated Energy Purchase to be executed by their duly authorized representatives as of the date and year first above written. MUNICIPAL ENERGY AGENCY OF NEBRASKA CITY OF ASPEN, COLORADO By: Title: IklMEAN~ Windt4spen CO_Wind Second Supplemental 07/18/05 SECOND SUPPLEMENTAL AGREEMENT FOR WIND-GENERATED ENERGY PURCHASE BETWEEN MUNICIPAL ENERGY AGENCY OF NEBRASKA CITY OF ASPEN, COLORADO EXHIBIT A Contract Wind Energy Month kWh January 1,394,777 February 1,356,846 March 1,142,864 April 1,305,875 May 1,004,621 June 930,669 July 753,171 August 950,983 September 1,105,001 October 1,185,007 November 970,666 December 1,575,136 Annual Total 13,675,616 WHEREAS, the Parties have duly executed this Exhibit A to the Second Supplemental Agreement for Wind-Generated Energy Purchase as of the date and year shown below. MUNICIPAL ENERGY AGENCY OF NEBRASKA Date: O ~0,7'/0 '5- CITY OF ASPEN, Title: Date: [klMEANIWindMspen CO_Wind Second Supplemental 07/18/05 SECOND SUPPLEMENTAL AGREEMENT FOR WIND-GENERATED ENERGY PURCHASE BETWEEN MUNICIPAL ENERGY AGENCY OF NEBRASKA CITY OF ASPEN, COLORADO EXHIBIT B Certified copy of City's Resolution No. 18, Series of 2005 is hereby attached. 07/18/05 RESOLUTION NO. 18 Series of 2005 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING THE CANARY INITIATIVE FOR THE CREATION OF "THE ASPEN GLOBAL WARMiNG ALLIANCE" AND DIRECTING THE CITY MANAGER TO TAKE CERTAIN ACTIONS iN FURTHERANCE OF SAID INITIATIVE. WHEREAS, the City Council recognizes that the City of Aspen is a world renowned destination resort community; and WHEREAS, the City of Aspen's economy is dependent upon tourism and a healthy mountain community life style; and WHEREAS, the world's leading climate scientists have documented a clear global warming trend and the unmistakable impact of human activities on that trend; and WHEREAS, global warming of the magnitude now predicted by the scientific community may cause extremely costly disruption of human and natural systems throughout the world, including Aspen and other similar mountain communities; and WHEREAS, climate change could be the most critical current threat to Aspen's way of life, health, and economy; and WHEREAS, local actions can help to pave the way for national and intemational leadership; and WHEREAS, the City Council has determined that addressing the potentially adverse affects of global warming upon the health and economic well-being of its citizens and guests is, and should be, of the highest priority for the City of Aspen; and WHEREAS, the City Council desires to continue investing in renewable energy sources so as to ensure a continuing supply of economic and sustainable energy sources for its internal operations and its citizens; and WHEREAS, many of the critical components of a local action plan for climate protection are already in place or under development in the City of Aspen, including, but not limited to, the following initiatives: · Adoption of the world's first Renewable Energy Mitigation Program in 2000 which has raised more that $3.0 million for energy efficiency and renewable energy in four years; · Providing 57% of municipal utility's electricity from renewable sources; · Adoption of the Building America Program for affordable housing projects funded by the City of Aspen; · Adoption of the Efficient Building Points Program for all residential building permits; · Adoption of higher efficient building thresholds for all employee housing projects funded by the City of Aspen; 07/18/05 · Adoption of the Aspen Energy Code in 1995; · Adoption of the Ecological Bill of Rights by the City Council which establishes the right to clean air and water, protects wilderness and open space, access to public lands, efficient use of energy and resources, protection from exposure to health hazards, freedom from excessive noise and consistent enforcement of environmental regulations; · Implementation of a City chemical management plan to reduce use and disposal of hazardous chemicals; · Enactment of a sales tax for the acquisition and protection of open space; · Enforcement of Land Use Code regulations that require developments to offset their impacts on water, air, open space, transportation; · Support of national forest plans that protect roadless areas and prevent destructive development; · Implementation of various programs and initiatives including, City building recycling of office paper, glass, plastic, batteries, newspaper, and cardboard; purchase of recycled content office paper; City recycling of hundreds of tons of asphalt per year; computer recycling provided for all city residents; composting or chipping of all branches, grass and leaves, use of organic fertilizers, integrated pest management; collection of scrap metal to be given to sheet metal company instead of taken to the landfill; the formation ora "Green Team" by City employees that does a number of environmental projects throughout the City; · Operation of the second-largest taxpayer-funded mass transit system in Colorado; · Operation of City transit programs including free local service, cross-town shuttles; · Implementation of a modem paid-parking program to discourage vehicle use within the City downtown area; · Creation of a car sharing program; · Retrofitting mechanical and lighting systems in public buildings; · Adoption and enforcement ofwoodstoves and fireplaces regulations to ensure only certified clean-burning devices and a limitation on numbers of fireplaces and woodstoves; · Implementation of an aggressive street-sweeping program with minimal use of street sand; · Adoption and implementation of an innovative air quality State Implementation Plan with control measures focused on trip reductions; · Maintenance of over a dozen miles of biking and walking trails that get people to work without a car (some of these trails are plowed in the winter to allow winter commuting); · Investment in hydroelectric plants at Ruedi Reservoir and Castle Creek which now produce the cheapest electricity source for the City of Aspen; · The purchase and use of alternative fuel vehicles and free bicycles for use by City employees; 07/18/05 · Water monitoring programs to assess impacts of deicers and other chemicals on local streams; · Discontinuation of use of magnesium chloride for snow melting to preserve water quality and protect public health; · Continuing commitment to maintain minimum stream flows in area rivers; · Maintenance of an Audubon certified municipal golf course; · Restoration and creation of new wetlands; · Construction of a raw water system for irrigation; · Joining with other public and private organizations as a partner of the Rocky Mountain Climate Organization, in support of its coordinated efforts to spread the word about what climate change can mean to the Rocky Mountain region and what can be done about it; · Adoption of water and electric rates that encourage conservation; and WHEREAS, the City Council has determined that more should be done to address the potential risks associated with the phenomenon of global warming, including, but not necessarily limited to, greenhouse gas reduction activities, energy security and cost reduction; affordable housing; mobility and, transportation choices; solid waste reduction and recycling; reliable, affordable water supply; urban and rural forest protection; sustainable economic development; and, clean air. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section One. The City Council of the City of Aspen hereby approves that certain proposal entitled "The Canary Initiative" and calls upon Pitkin County, the Town of Snowmass Village, other similarly situated mountain resort communities, other non-profit organizations in Aspen and the Roaring Fork Valley, citizens throughout the Aspen area, the State of Colorado and the United States Government to assist in the most appropriate manner for the establishment of the Aspen Global Warming Alliance. Section Two. The City Manager is hereby directed to: Join, together with the Aspen Institute, the Aspen Skiing Company, the Aspen Global Change Institute, the Aspen Center for Environmental Studies, the Rocky Mountain Climate Organization, and the Community Office for Resource Efficiency, in the creation of the Aspen Global Warming Alliance. The members of the Alliance should be free to establish their own goals and objectives, but should initially attempt to guide the City of Aspen in the implementation of the Canary Initiative. 07/18/05 2. Continue to work cooperatively with other governmental entities, non-profit organizations, and businesses in the Roaring Fork Valley to encourage them to join the Aspen Global Wanning Alliance for their mutual benefit and support. 3. Establish cooperative relationships with other municipalities in Colorado and the United States that have greenhouse gas reduction plans under the auspices of the International Council for Local Environmental Initiatives (e.g. Ft. Collins, Boulder and Denver); and encourage other ski resort and mountain communities to join in similar efforts. 4. Negotiate and present to City Council for its consideration a membership agreement with the Chicago Climate Exchange, a voluntary, legally binding pilot greenhouse lrading program for emission sources and offset projects in North America. 5. Prepare and submit to Council for its consideration a professional services contract to perform a comprehensive integrated scientific assessment specific to the Aspen area on the likely consequences to Aspen of global warming over the course of the 2 l't century. 6. Establish a greenhouse gas (GHG) emission inventory for the City of Aspen that quantifies GHG emissions and is capable of tracking progress or lack of progress quantitatively in reducing emissions for all sectors of the Aspen economy. Said emission inventory shall be of sufficient quality, at a minimum, to qualify for consideration by the Chicago Climate Exchange membership and participation. 7. Establish, with the assistance of the Aspen Global Warming Alliance, periodic GHG reduction goals for the City of Aspen, and various sectors of the community. 8. Negotiate and present to City Council for its consideration a contract with the Municipal Energy Authority of Nebraska (MEAN) or other entity to increase the City's current purchases of wind power so that wind energy provides an additional 10% of municipal utility's supply by the end of 2005. Said contract shall not exceed a continuing annual cost of $388,800.00. 9. Negotiate and present to City Council for its consideration during the 2006 budget process a contract with the Municipal Energy Authority of Nebraska (MEAN) or other entity to increase the City's current purchases of wind power by an additional 16.5% by the end of 2006. Said contract shall not exceed a continuing additional annual cost of $240,200.00. 10. Prepare and present to City Council a construction contract for the expansion of the City's renewable energy source by constructing a new hydroelectric plant on Maroon Creek. Said contract shall be for a sum between $250,000 to $500,000.00 and shall be included in the City's 2006 budget. 11. Prepare and present to City Council a business plan for the acquisition of additional water fights in the Roaring Fork drainage to protect in-stream flows. 12. Prepare and present for City Council consideration, a plan to reduce GHG emissions from transportation and vehicular traffic in Aspen. 13. Prepare appropriate legislation for City Council consideration that would reduce energy consumption in multi-family and commercial buildings in the City of Aspen. 07/18/05 14. Establish a comprehensive, aggressive and sustained public awareness campaign on global warming for the Aspen area that is readily capable of duplication for other regions of the state or country. The public awareness campaign shall, at a minimum, include the publication and distribution of educational materials explaining the reason for the City's adoption of the Canary Initiative, an objective explanation of the global warming phenomenon, and an objective recitation of the potential threat of climate change to the Aspen economy and way of life. 15. Coordinate with the Aspen Institute and the Aspen Global Change Institute the design and presentation of a major international conference on global warming for 2006; and, prepare and present to City Council for its consideration a line item in the 2006 budget an amount not to exceed $50,000.00 for financial support of said conference. The conference shall be designed to ensure maximum community participation in all of its workshops, presentations, symposiums, and reports. The Aspen Global Warming Alliance shall be asked to assist in the design of the conference. 16. Prepare and submit to the City Council a supplemental budget request for the 2005 budget, not to exceed $110,000.00 on an annual basis, to forthwith employ a new City employee within the City's Environmental Health Department. Said employee shall assist, direct and coordinate all City activities as set forth in the Canary Initiative and this resolution including, but not limited to, coordinating the activities of the Aspen Global Warming Alliance. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the __ day of March ,2005. /s/Helen Kalin Klandemd Helen Kalin Klanderud, Mayor 16th I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 16, 2005. /s/Kathryn S, Koch Kathryn S. Koch, City Clerk JPW- saved: 3/4/2005-1808-G:\john\word~resos\eanary-iniflative,doc 07/18/05 SECOND SUPPLEMENTAL AGREEMENT FOR WIND-GENERATED ENERGY PURCHASE BETWEEN MUNICIPAL ENERGY AGENCY OF NEBRASKA CITY OF ASPEN, COLORADO EXHIBIT C Monthly Charges: 1. Wind Energy Output: $0.04600/kWh, subject to change from time to time by action of the MEAN Management Committee or the MEAN Board of Directors. 2. Transmission Charges: Charged at the City's transmission provider's then-current transmission rate. 3. Other Charges: Other charges shall be those directly attributable to the MEAN Wind Resource Pool, including but not limited to such things as energy imbalance charges, ancillary service charges, and scheduling fees. Other charges will be assessed at the transmission provider's then-current rates. 4. Adjustments: The rates and charges shall be adjusted to reflect the impact of any governmental imposition, such as changes in or additions to sales tax, property tax, energy use tax or other governmental or regulatory fees, which are adopted, implemented or enforced after the execution of the Second Supplemental Agreement for Wind-Generated Energy Purchase or which occur as a result of a change after the execution of the Second Supplemental Agreement for Wind-Generated Energy Purchase in the interpretation or enforcement by the governmental or regulatory body of an existing governmental imposition. Point(s) of Delivery: MEAN - Kimball Wind Project Effective date of this Exhibit C: Supersedes Exhibit A dated effective: Date sent to City: Commercial Operation Date of the Ainsworth Wind Facility, as defined in Section 2.B.iii of the Second Supplemental Agreement N/A 07/18/05 SECOND SUPPLEMENTAL AGREEMENT FOR WIND-GENERATED ENERGY PURCHASE EXHIBIT D MEAN Board of Directors Meeting of September 19, 2002 Motion: Bob Moore moved to approve the following Resolution. Ron Doggett seconded the motion, which carried unanimously on roll call vote. BE IT RESOL VED by the MEAN Board of Directors that the rate established for the initially installed 10.5 MW of the MEAN Wind Project at Kimball (hereinafter referred to as "Project '9 is designed to recover costs associated with owning and operating the Project. BE IT FURTHER RESOLVED by the MEAN Board of Directors that the rate established for the Project is based on, but not limited to, generation, transmission and sub-transmission rates and scheduling fees, debt associated with the Project, operating and maintenance costs, and other justifiable costs associated with the Project, and this rate is subject to change from time to time. BE IT FURTHER RESOLVED by the MEAN Board of Directors that the Service Schedule M participants who execute a Supplemental Agreement for Wind Generated Energy Purchase will, upon retirement of the debt associated with the Project, be entitled to a rate that is solely based on the ongoing cost of the Project for as long as the Supplemental Agreement for Wind Generated Energy Purchase is in effect and they remain a Service Schedule M, K or J participant. I, Ty Abernethy, Secretary of the Municipal Energy Agency of Nebraska, hereby certify that the foregoing is a tree and accurate copy of the resolution as passed by the Board of Directors of the Municipal Energy Agency of Nebraska at the meeting of September 19, 2002, and filed in the permanent records of the Municipal Energy Agency of Nebraska. (SEAL) Ty Abe~ethy, ~S;cretary -/ Municipal Energy Agency of Nebraska 07/18/05 SECOND SUPPLEMENTAL AGREEMENT FOR WIND-GENERATED ENERGY PURCHASE BETWEEN MUNICIPAL ENERGY AGENCY OF NEBRASKA CITY OF ASPEN, COLORADO EXHIBIT E Copy of the Service Schedule Agreement for firm power service between MEAN and City is hereby attached (including copy of First Supplemental Wind Agreement).