HomeMy WebLinkAbout20153699.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR OUTDOOR LIGHTING
REPLACEMENT SUPPLEMENTAL ENVIRONMENTAL PROJECT AND AUTHORIZE
CHAIR TO SIGN - NOBLE ENERGY, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Memorandum of Understanding for an
Outdoor Lighting Replacement Supplemental Environmental Project between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Buildings and Grounds, and Noble Energy, Inc., commencing July 29, 2015,
and ending April 30, 2017, with further terms and conditions being as stated in said memorandum
of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Memorandum of Understanding for an Outdoor Lighting Replacement
Supplemental Environmental Project between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Buildings and Grounds, and Noble Energy, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of November, A.D., 2015, nunc pro tunc July 29, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: diat,t) G�• ��it0��
arbara Kirkmeye , Chair
Weld Cou y Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Cler o the Boar
Sean P. Conway
. ., .O . D : -• ORM: I _ •
ie A. ozad
Cou ' Attorney '
�. �-
-� ve Moreno
Date of signature: �, - ;
2015-3699
CC:6G 1213/ BG0017
MEMORANDUM OF UNDERSTANDING
between
NOBLE ENERGY, INC.
and
WELD COUNTY
I. Introduction
Noble Energy, Inc. (Noble) and Weld County("jointly Parties")enter into this Memorandum of
Understanding(hereinafter"MOU")to outline and memorialize respective roles and
responsibilities as it relates to the performance of the Weld County Outdoor Lighting
Replacement Colorado Department of Public Health and Environment(CDPHE) Supplemental
Environmental Projects(SEP)Agreement(SEP Project)executed by Noble and CDPHE in
accordance with Noble's Consent Decree entered on June 2,2015 as final judgment before the
United States District Court of Colorado(Case No. 1:15-cv-00841 RBJ)(hereinafter"CD"). A
copy of the executed SEP Agreement is attached to and incorporated by reference to this MOU.
II. Background
In accordance with Section IX of the CD, Noble agrees to perform one or more State-Only
Supplemental Environmental Project(s)that Noble and CDPHE agree are intended to secure
significant environmental or public health protection and improvements. Following Weld
County's submission of its proposal,Weld County was selected as a recipient of Noble funding
to undertake its proposed SEP Project. Consistent with the executed SEP Agreement,Noble is
providing Weld County with$333,925.00 to undertake its SEP Project. Noble and CDPHE
expect that Weld County will execute the SEP Project in accordance with the SEP Agreement
and this MOU. Noble SEP Project funding shall not be used by Weld County for any project
other than the SEP Project.
III.Purpose
Pursuant to the SEP Agreement, Weld County shall serve as the SEP Administrator to the SEP
Project. By way of this MOU and in consideration of the SEP Payment by Noble to Weld
County of$333,925.00,Weld County agrees to undertake the SEP Project in accordance with the
SEP Agreement.
At a minimum and in accordance with the SEP Agreement,Weld County shall:
1. Maintain SEP Project funds separately from all other monies and draw funds as-needed,
only to undertake the SEP Project;
2. Communicate issues and concerns related to the SEP Project promptly to Noble and
CDPHE;
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2015-3699
3. Obtain approval from Noble of all proposed publicity or other statements and
communications, whether oral or written, regarding the SEP Project;
4. Agree to include the following statement should Weld County reference Noble in
connection with the SEP Project (only after Noble approval is received): "This project was
undertaken in connection with the settlement of an enforcement action taken by the
Colorado Department of Public Health and Environment, Air Pollution Control Division,
for violations of air quality laws and regulations. ";
5. Complete the SEP Project in accordance with the SEP Agreement, noting specifically that:
a. Any changes to the approved project scope or timeline must receive prior written
approval from Noble and CDPHE;
b. Proposed budget reallocations of up to 10% of the total SEP Project funding amount
may be made by Weld County without prior authorization; and
c. Proposed budget reallocations of over 10% of the total SEP Project funding amount
must first receive written prior authorization from Noble and CDPHE;
6. Complete the SEP Project within the allotted time frame outlined in the SEP Agreement for
the completion of the SEP Project, noting specifically that Weld County may make a
written request to extend the SEP Project deadline to Noble and CDPHE no later than
thirty(30) days prior to the SEP Project deadline with the understanding that CDPHE shall
make the final decision regarding the approval or denial of the SEP Project deadline
extension;
7. Provide Noble and CDPHE with Semiannual Status Reports by April 30th and October 30th
each year that uses CDPHE's template status report form and includes, at a minimum, the
following information:
• A description of activities completed to date;
• A description of any operating problems encountered and the solutions thereto;
• A budget summary table listing funds expended to date by budget category; and
• A discussion of any anticipated changes to the project scope or timeline;
8. Provide Noble and CDPHE with a SEP Completion Report on or before March 15, 2017 or
within 45 days of the CDPHE approved SEP Project completion deadline, whichever
comes later that uses CDPHE's template report form and includes, at a minimum, the
following information:
• A detailed description of the SEP as implemented;
• A description of any operating problems encountered and the solutions thereto;
• Itemized costs, documented by copies of purchase orders and receipts or canceled
checks;
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• Certification that the SEP has been fully implemented pursuant to the provisions of
the Consent Decree; and
• A description of the environmental and public health benefits resulting from
implementation of the SEP with quantification of the benefits and pollutant
reductions; and
9. Provide in the SEP Completion report, in addition to the information outlined in Paragraph
8 above, the following:
• Examples of any brochures, educational or outreach materials developed or
produced as part of the SEP Project; and
• Photographs documenting the SEP Project.
IV.Modification and Termination
This MOU may be modified only by a written instrument executed by all Parties. This MOU
will terminate sixty(60) days after CDPHE's notification to Noble that the SEP Project has been
completed to the satisfaction of CDPHE.
V. Points of Contact
The Parties of the MOU designate the following person to be their official contact in matters
related to this MOU. Any party may change its contact person upon written notice to the other
Party. Any notice,request, demand, or other communication required or permitted to be given
under this MOU and/or in accordance with the SEP agreement shall be deemed to have been
duly given, if in writing and delivered personally or sent by registered or certified mail or
facsimile as follows:
1. Noble
RM Patteson
Vice President of DJ Basin Business Unit
Noble Energy, Inc.
1625 Broadway, Suite 2200
Denver, CO 80202
(303) 228-4000
Mark.Patteson@nblenergy.com
2. Weld County
Toby Taylor
Director, Buildings& Grounds
Weld County
1150 0 Street
Greeley, CO 80631
(970) 356-4000, ext. 2023
ttaylor@co.weld.co.us
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VI.Merger
This MOU, together with any written modifications entered into pursuant hereto, and the SEP
Agreement contain all the terms and conditions agreed to by Noble and Weld County with
respect to the SEP Project. In the event of a conflict between the terms and conditions of the
MOU and the SEP Agreement, the terms and conditions of the SEP Agreement shall control with
respect to the execution and completion of the SEP Project to ensure compliance with the CD.
VII. Waiver
No waiver of any provision of this MOU shall be effective unless made in writing and signed by
the waiving party. No waiver of any provision of this MOU shall constitute a waiver of any
prior, concurrent, or subsequent breach of the same or any other provision hereof.
VIII. No Third-Party Beneficiaries
This MOU does not create any new right or interest in any member of the public as a third-party
beneficiary, nor shall it authorize anyone not a party to this MOU to maintain a suit for injuries
or damages pursuant to the provisions of this MOU.
IX. Binding Effect
This MOU shall be binding upon and inure to the benefit of the parties hereto and their
respective legal representatives, successors, and assigns. The parties waive the defense of lack
of consideration.
X. Disputes
The Parties agree that in the event of a dispute between them regarding any provision of this
MOU, they shall promptly use their best efforts to resolve the dispute in an informal fashion
through communication and consultation; however, in the event any dispute cannot be resolved
the terms and conditions of this MOU or any subsequent modification hereto shall remain in full
force and effect.
[Remainder of Page Intentionally Left Blank]
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XI.Duplicate Originals
This MOU may be executed by facsimile signatures and in counterparts,each of which when so
executed shall constitute an original, and all of which taken together shall constitute one and the
same document. This MOU may be executed in any number of duplicate originals. A complete
original of this MOU, and any duly executed modifications, shall be maintained in the official
records of each party to this MOU.
IN WITNESS WHEREOF,Noble and Weld County have executed this MOU on the date(s)set
forth below:
431/7/"EG/-� Date: / 4,4e r/ _..
RM Patteson
Vice President of DJ Basin Business Unit
Noble Energy
,74falAtiAA., ate: NOV 2 3 2015
Barbara Kir eyer,Chai
Board of Weld County Commissioners
Weld County, Colorado
Attachment/Incorporation by Reference: Executed SEP Agreement
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oZ-t2/.— .310 g1
RE: MEMORANDUM OF UNDERSTANDING FOR SUPPLEMENTAL ENVIRNMENTAL
PROJECTS (SEP) AGREEMENT
ATTEST: digerAgAi 4 BOARD OF COUNTY COMMISSIONERS
Weld Terk to the B and WELD COUNTY, CO ORADO
BY:
Deputy C k to the Bo Barbara Kirkmeyet, Chair NOV 2 3 2015
APPROVED AS T. F ND � PPROVED AS TO SUBSTANCE:
-OIdKitalt k F •� �
Controller / �`� , �' lecte •fficial or Department Head
APPROVED AS TO FORM: �,., ,.,;�.� ,\j/,
PCS Director of General Services
County Attorney
A CDPHE Supplemental Environmental
CO Projects (SEP) Agreement
The regulated entity, identified below,submits the following SEP application to the Colorado Department of Public
Health and Environment(the department) for SEP consideration. If the regulated entity and third party SEP
administrator approve of the application, it shall be signed by appropriate representatives of the regulated entity and
third party SEP Administrator. If the approved document is then signed by the department, it shall serve as the SEP
agreement for the enforcement settlement at issue.
Noble Energy Inc. (Noble)
Enforcement
EPA Consent Decree
Information
USDC,CO-1:15-cv-00841 RBJ
Delegation from Vice President Counsel:
Environmental Health and Safety to: Denee A.DiLuigi,Esq.
Regulated Laura Johnson 1625 Broadway, Suite 2200
Entity Contact Senior Social Performance Coordinator Denver,CO 80202
1001 Noble Energy Way 303-228-4251
Information Houston,TX 77070
Denee.DiLuigi(a nblenergy.com
832-639-7015
Laura.Johnson(anblenergy.com
Third Party
SEP Weld County
Administrator
Third Party Toby Taylor
SEP Type of organization:
Director,Buildings&Grounds
Addiinistrator
1150 0 Street Non—profit* Government X
Project Greeley, CO 80631
Manager *If non-profit, please attach a copy of your
Contact (970) 356-4000, ext. 2023 P ,
ttaylor(cz),co.weld.co.us 501c(3) exemption to this SEP Agreement.
Information
CDPHE
Contact Lauren McDonell, 303-692-2979, lauren.mcdonellAstate.co.us
Person
Geographic
Area to Weld County
Benefit
Project Title Weld County Outdoor Lighting Replacement
Project Type Third Party SEP Donation
SEP Category Pollution Prevention
Page 1 of 6
Project Weld County will replace at least 144 existing traditional light bulbs(metal halide and high
Summary pressure sodium) in the outdoor lighting of all its facilities with more energy efficient LED
(light-emitting diode)bulbs,in order to increase energy efficiency and reduce air emissions.
The World Health Organization estimates that 3.7 million premature deaths worldwide can be
attributed to ambient(outdoor)air pollution; and that most sources of outdoor air pollution are
beyond the control of individuals and demand action by local government and policymakers.
Reducing energy consumption improves overall air quality by decreasing the amount of air
pollutants, including carbon dioxide, from coal-fired power plants.
Homes and commercial buildings use a large amount of energy for heating,cooling, lighting,
and other functions,contributing to 12%of the annual greenhouse gas(GHG)emissions in the
United States. According to a recent report by the U.S. Department of Energy(DOE),
widespread use of LED lighting has the greatest potential impact on energy savings in the
United States.By 2030,energy savings,nationally, from LEDs can be up to 300 terawatt-
hours(TWh),or the equivalent annual energy output of about fifty(1,000 megawatt)power
plants.These energy savings would also reduce greenhouse gas(GHG)emissions by 210
million metric tons of carbon and decrease the electricity consumption equivalent to powering
24 million homes.
This project will work to reduce Weld County's energy consumption,and thus improve
overall air quality,by replacing the existing light bulbs in all outdoor light fixtures at all Weld
County facilities with more energy efficient,LED light bulbs. Currently the County uses
Project either Metal Halide(HD)or High Pressure Sodium(BPS)light bulbs in its outdoor lights.
Description Both use a greater amount of energy and emit more heat(contributing to greenhouse gas
emissions)compared to LED lights.
LEDs have recently emerged as one of today's most energy efficient and rapidly growing
technologies. LEDs are beginning to be used in a wide range of applications because of their
unique characteristics,including compact size,ease of maintenance,resistance to breakage,
the ability to focus light in a single direction, and they emit almost no heat.LED lights surpass
CFLs in terms of lifespan(up to 10 times longer),durability, and heat production.
In 2009 and 2010,CALiPER(Commercial) Available LED Product Evaluation an
d
d
Reporting)testing showed that many LED parking-structure and wallpack fixtures already met
or exceeded the light output and efficacy levels of their metal halide,high-pressure sodium,
and induction counterparts,while also displaying more uniform light distribution.Evaluated
on a lifecycle cost basis,solid-state lighting products,like LEDs, can be competitive in
parking lot applications because of their energy savings, directionality,controllability,
aesthetic appeal,and maintenance savings.
It has been demonstrated that energy-efficiency measures like these can have a positive impact
Expected on air quality by reducing air emissions.
Environmental It is estimated that this project will result in an energy usage(measured in kilowatt hours)
or Public reduction of as much as 56%and result in the following air emission reductions,as great as:
Health • CO2(Carbon Dioxide): 239 tons
Protection and • SO2 (Sulfur Dioxide): 204 lbs
Improvement • NO,, (Nitrogen Oxide): 100 lbs
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In addition to these air emission reductions, this project has the potential to avoid the amount
of coal burned by as much as 12 tons and reduce atmospheric mercury contamination by as
much as 526 mg.
Based on analyses conducted, it is anticipated that the implementation of this project will result
in reduced energy consumption(electricity)and a reduction in air emissions.The success of
this project will be evaluated using pre and post energy usage data provided by Xcel Energy
and will be reported in kWh reduced and CO2 equivalent.
Project
Evaluation In the event that project work results in utility rebates,the details and amount of the rebates
and will be documented to CDPHE and Noble in the final report. Weld County intends to reinvest
Measurable any rebated funds on additional energy efficiency upgrades.
Results
Project results will be communicated to the public via a press release to local media outlets,as
well as social media(Facebook and Twitter). Project results will also be communicated to all
municipalities in Weld County, and other interested organizations, upon request, as a resource
for those who may be considering similar projects.
Matching
Budget Description SEP Cost or In- Total Cost
Category kind
Funds
Project Oversight:
Toby Taylor
Director of Buildings&Grounds $0 $3,112 $3,112
40 hrs. @$56/hr.+Fringe
Personnel (39%)
(Salaries, Administrative Support:
Wages) Gabrielle Vergara
Project Budget Environmental Health Program $0 $1,890 $1,890
Coordinator
40 hrs. @$34/hr. +Fringe
(39%)
Materials Bulbs and Hardware $250,225 $0 $250,225
and Supplies
Contractor Labor from outside vendor $83,700 $0 $83,700
Indirect 10%of all direct costs. SO $33,393 $33,393
Costs
Total: $333,925 $38,395 $372,320
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Estimated costs for the project were developed after speaking with representatives from two
different LED lighting companies.The estimated per bulb cost varies between$175 and$650,
Budget depending on light fixture type(i.e.,flood light vs.parking lot light pole).
Discussion
The hourly labor cost is estimated at $100 per hour which includes labor, equipment, and
overhead costs for the selected contractor. All work to be completed, including the acquisition
and installation of bulbs,will be contracted out.
Activities Staff Responsible Date
SEP payment of$333,925 Noble November 29, 2015
from Noble to Weld County
Develop bid for project,to Weld County Project
include bulbs and December 30,2015
Manager
installation
Contractor selected for bulbs Weld County Project February 29,2016
and installation Manager
Semiannual Status Report Weld County Project
#1 Submitted to CDPHE& April 30,2016
Manager
Noble
Project Lighting retrofit
Schedule/ implemented Contractor August 30,2016
Work Plan Semiannual Status Report
#2 Submitted to CDPHE& Weld County Project October 30,2016
Noble Manager
Measurement of energy Weld County Project
saved and CO2e emissions January 30,2017
Manager
reduced
Initial SEP Completion Weld County Project March 15,2017
Report submitted to Noble Manager
Final SEP Completion
Report submitted to Noble April 30,2017
CDPHE
Weld County will submit Semiannual Project Status Reports to the CDPHE SEP Coordinator
and Noble by April 30th and October 30th of 2016. Semiannual Status Reports will include the
following information:
1. A description of activities completed to date;
2. A budget summary table listing funds expended to date by budget category;
3. A discussion of any anticipated changes to the project scope or timeline;and
4. A description of any operating problems encountered and the solutions thereto.
Reporting
Requirements Weld County will submit an Initial SEP Completion Report to Noble within 45 days of
completion that contains at a minimum:
1. A detailed description of the SEP as implemented;
2. A description of any operating problems encountered and the solutions thereto;
3. Itemized costs, documented by copies of purchase orders and receipts or canceled
checks;
4. Certification that the SEP has been fully implemented pursuant to the provisions of the
Consent Decree; and
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5. A description of the environmental and public health benefits resulting from
implementation of the SEP with quantification of the benefits and pollutant reductions.
Photographs and examples of brochures,educational or outreach materials developed or
produced as part of the SEP are also encouraged.
Noble will submit the Final SEP Completion Report to the CDPHE SEP Coordinator within 60
days of completion of the SEP that contains at a minimum:
1. A detailed description of the SEP as implemented;
2. A description of any operating problems encountered and the solutions thereto;
3. Itemized costs,documented by copies of purchase orders and receipts or canceled
checks;
4. Certification that the SEP has been fully implemented pursuant to the provisions of the
Consent Decree;and
Reporting 5. A description of the environmental and public health benefits resulting from
Requirements implementation of the SEP(with quantification of the benefits and pollutant
(continued) reductions,if feasible).
Photographs and examples of brochures,educational or outreach materials developed or
produced as part of the SEP will be provided to the extent Weld County provides same to
Noble.
Noble shall include in any public statement,oral or written making reference to the SEP the
following language:"This project was undertaken in connection with the settlement of an
enforcement action taken by the Colorado Department of Public Health and Environment,Air
Pollution Control Division, for violations of air quality laws and regulations."
Noble shall submit a SEP payment of three hundred thirty-three thousand,nine hundred
twenty-five dollars($333,925)to Weld County for the project described above.
Weld County
SEP Payment Attention: Toby Taylor
Requirements 1150 0 Street
Greeley,CO 80631
Noble shall provide CDPHE's SEP Coordinator with a copy of the check by November 29,
2015.
To be completed in the event of a SEP agreement only:
I,RM Patteson,certify on the behalf of Noble Energy that Noble Energy agrees to fund the Supplemental
Environmental Project as described in this SEP Agreement.
Signed Date
RM Patteson
Vice President of DJ Basin Business Unit
Noble Energy
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This SEP has been reviewed and approved by the Colorado Department of Public Health and Environment.
(:/k■ `�""' 1 d'.Cf. ' //V/
Signed E/Z+ot, ;k2nt- rcare✓N4Or- Date
Heather Wuollet,Compliance Manager
Air Pollution Control Division
Colorado Department of Public Health and Environment
}
„ h ( i5
Signed Date
Lauren McDonell, SEP Coordinator
Sustainability Unit
Colorado Department of Public Health and Environment
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