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06-21-2017 I AM PRO SNOW 100% Committed Partnership Letter Agreement (2) 1 May 25, 2017 Virginia C. Egger Town of Avon, Colorado 1 Lake St., P.O. Box 975 Avon, CO 81620 Re: I AM PRO SNOW 100% Committed Partnership Letter Agreement Dear Virginia C. Egger On behalf of The Climate Reality Project, a District of Columbia, USA, nonprofit corporation (“Climate Reality,” “we” or “us”), I am delighted to welcome the Town of Avon, Colorado as an official partner (“Partner” or “you”) for the I AM PRO SNOW 100% Committed Campaign as defined below (the “Partnership”) under the terms of this letter agreement (“Agreement”). Climate change threatens the lives and livelihoods of our winter sports and mountain communities and our snow is disappearing in many places around the world. Many winter industries are taking a heavy hit from the impacts of climate change, with bare peaks, shrinking winter seasons, and warmer winters fast becoming a reality for mountain communities everywhere. For these reasons, you and we wish to rally ski resorts, towns, businesses, and other institutions to commit to be powered by 100% renewable electricity (the “Campaign”). Here is how the Partnership works:  You join a global movement of committed ski resorts, towns, cities, businesses, governments, and organizations by pledging to be powered by 100% renewable electricity and working with us to to build support for real climate solutions in the winter industry community.  You gather commitments from individuals by sharing the 100% Committed sign-up pledge (the “Individual Pledge”) with your members and supporters found at https://www.climaterealityproject.org/content/road-100- individual-pledge.  You give us your draft strategic plan to reach your goal of being powered by 100% renewable electricity by 2030 or as soon as possible within twelve (12) months of signing this Agreement as set forth in the Renewable Electricity Roadmap attached hereto as Exhibit A and incorporated herein by reference.  You promote the Campaign at least one (1) time per month on your social media and digital platforms referencing the fact that you and we are working together on the Campaign.  You promote the Partnership with at least one (1) press release referencing that you and we are working together on the Campaign.  You commit to assist additional ski resorts, towns, businesses, or other institutions to commit to be powered by 100% renewable electricity. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 2  You display, on your webpage, our name and logo, option as shown in Exhibit B, in connection with the Campaign.  We include your organization’s name and logo across I AM PRO SNOW’s 100% Committed digital platforms including (if available) the website, press kit, and social media toolkit.  We provide graphics for your use in promoting the Campaign on your social media and digital platforms.  We create a blog post promoting the Campaign and highlighting the progress of the Campaign.  We promote the Campaign to the subscribers to our I AM PRO SNOW email communications list.  We release, to any staff member of your organization, the short form application for any upcoming Climate Reality Leadership Corps training with former U.S. Vice President and Climate Reality Chairman Al Gore.  In the event of any news release regarding the Partnership, all Partners involved in the Campaign, including you, would be included in the announcement. There are multiple additional opportunities for deeper partnership promotion, and we look forward to discussing the unique ways your organization can be involved. To facilitate each of our work to achieve the goals of the Partnership, you and we agree to grant a mutual, nonexclusive license to use and display those names, trademarks and logos owned and provided by each other (“Marks”) solely as necessary to perform the work in the Partnership and only for non-commercial purposes. You and we further agree to comply with any trademark usage guidelines that either you or we may communicate to each other from time to time. Each use of the Marks will be accompanied by the appropriate trademark symbol (either “™” or “®”) and a legend specifying that such Marks are trademarks of either you or us, as applicable, and will be in accordance with the then-current trademark usage policies as communicated from time to time. You and we agree to provide each other with copies of any materials bearing any of the Marks as requested by you or us from time to time. If use of any of the Marks, or if any material bearing such Marks, is deficient in quality, you and we agree to promptly remedy such deficiencies upon receipt of written notice of such deficiencies. Nothing herein will grant to you or us any right, title or interest in each other’s Marks. All goodwill resulting from the use of the Marks will inure solely to the owner and licensor of the Marks. You and we agree to not, at any time during or after this Agreement, register, attempt to register, claim any interest in, contest the use of, or otherwise adversely affect the validity of any of the Marks (including, without limitation, any act or assistance to any act, which may infringe or lead to the infringement of any such Marks). The Term of this Agreement shall be from the date first written above (the “Effective Date”) through May 31, 2018 (the “Expiration Date”). At the Expiration Date and on each anniversary of the Expiration Date thereafter, the Term will automatically renew for successive one-year Terms unless otherwise indicated in writing by either party. Either you or we may terminate this Agreement at any time without penalties or liabilities. You and we are independent contractors and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Agreement will not be construed to create or imply any joint venture or other mutual agency relationship between the parties. This Agreement may not be assigned without the prior written consent of you and us. No provision of this Agreement may be modified, amended, supplemented or waived, except in a writing signed by you and us. This Agreement may be executed in counterparts, including by facsimile, pdf technology, or electronic signature each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the unlikely event of any dispute arising out of or in connection with the Agreement, the Parties agree to submit the matter to settlement proceedings under the International Chamber of Commerce (ICC) Mediation Rules. If the dispute has not been settled pursuant to the said Mediation Rules within forty-five (45) days following the filing of a Request for Mediation or within such other period as the Parties may agree in writing, such dispute shall be finally settled under the Rules of Arbitration of the ICC by a single arbitrator appointed in accordance with the said Rules of Arbitration. The venue of such arbitration shall be Washington, DC, USA, and the language of the arbitration shall be English. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 3 We’re looking forward to working with you to rally ski resorts, towns, businesses, and other institutions to commit to be powered by 100% renewable electricity. If the above is acceptable to you and consistent with your understanding, please indicate your acceptance by returning a signed copy of this letter to us via PDF or electronic signature. Sincerely, Kenneth Berlin, President & CEO The Climate Reality Project Acknowledged and accepted this _______________ day of ___________, ______, by: Town of Avon, Colorado Virginia C. Egger, Town Manager DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B June21 2017 4 Exhibit A [See attached Renewable Electricity Roadmap] DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 5 Exhibit B DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 1 RENEWABLE ELECTRICITY ROADMAP Exhibit ADocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 2 JOIN US IN MAKING YOUR COMMUNITY OR BUSINESS 100% COMMITTED With climate change threatening our planet and our way of life, mountain communities and winter sports businesses worldwide are taking action and becoming 100% Committed to renewable electricity. Join us and join the movement that’s saving the season and snow we love. CLIMATE CHANGE: THE NEW REALITY If you dream of powder turns, work in the winter-sports industry, or live in a mountain town, you don’t need to watch the news to see the reality of climate change. Many days, you just need a quick look at the snow report or the company balance sheet. Sometimes all it takes is a glance out the window. With 15 of the 16 hottest years on record coming this century and snow becoming scarcer and less predictable in many places around the world, it’s clear our climate is changing. And with low- snowfall years costing ski resorts and companies an estimated $1 billion in potential revenue and at least 13,000 American jobs from 1999—2010 alone, as well as costing farms precious water, it’s clear what climate change could mean for the snow that fuels our dreams and feeds our families. We used to ask what’s happening to our climate. Today, it’s time to ask what we can do about it. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 3 THE FUTURE IS RENEWABLE: 100% COMMITTED Today, the good news is that businesses, governments, and communities of all sizes that love the cold are taking their future into their own hands. They’re moving away from the dirty fossil fuels driving climate change and committing to shift to 100-percent clean, renewable electricity. They’re committing to working for a safe, sustainable, and prosperous future for our planet – and they’re committing to doing their part. You can too. Join Climate Reality’s I AM PRO SNOW program and 100% Committed campaign and pledge to helping your business, resort, or community shift to 100-percent clean electricity. Making the shift to 100-percent renewable electricity is easier than you think, and we’re here to help show you how. Plus, along with cutting dangerous greenhouse gas emissions and protecting the places and seasons we love, switching to clean electricity from sources like wind and solar has a host of other benefits. 100% Committed Businesses • Stand apart with a reputation for innovation, values-driven operations, and forward-looking leadership. • Align themselves with the core values and personal principles of growing numbers of consumers, fostering strong brand loyalty, expanding revenue opportunities, and turning customers into passionate advocates. • Save money on energy costs by hedging against volatile fuel prices. 100% Committed Communities • Create rewarding, high-paying jobs and increase local economic growth. • Build a reputation for protecting a way of life and the businesses that depend on it. • Become known as exciting, forward-looking places to live and work in the twenty-first century, attracting sought-after businesses and citizens and building thriving twenty-first century economies. • Create healthier and happier places to live and work, with a decreased chance of bad air days and a reduced impact on our climate. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 4 WHO’S ALREADY MADE THE TRANSITION? City of Aspen: For years, Aspen, Colorado has been known for the cultural events, food, music and more that call the city home. Now, add renewable energy to that list. In 2015, Aspen made a complete transition to 100-percent renewable electricity. The city of over 6,600 accomplished this feat through a combination of a bond-funded hydropower project, power purchase agreements for wind and hydropower, and smaller amounts of energy from solar and landfill gas. Aspen officials reported that they’ve already seen the benefits in the form of “reductions in [greenhouse gas] emissions, low and stable electricity rates for our customers, and setting an example for other communities to follow suit and do right by the environment.” DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 5 READY TO START? It’s easy to join 100% Committed and start your shift to clean, renewable electricity. The path begins with the three steps below. STEP ONE: COMMIT 100% • Step up to the plate: Contact The Climate Reality Project and sign a commitment to transitioning your business or community’s total annual electricity use to renewable sources like wind or solar by 2030 or as soon as possible. • Create a plan: Making the shift to 100-percent clean electricity is easier than ever, but it will still take some planning. Talk to us and we can help you create an action plan for how to do it by referring you to available resources like the EPA Green Power Partnership and then monitor and report on your progress. In order to be a 100% Committed partner, we’ll need to approve the plan to make sure it connects with our commitment to clean, renewable electricity. • Speak up: Commit to making your action plan and progress reports public and available to The Climate Reality Project and others.1 After all, you’re doing great work – and we want the world to know. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 6 STEP TWO: FINALIZE YOUR PLAN It’s important to create a plan that works for you. There are many ways for 100% Committed partner businesses and communities to meet their commitments, but knowing what exactly counts as clean, renewable electricity and the best way to move forward can be a little confusing at first. So we’ve provided guidelines on standard definitions and best practices below to help. What Counts as Renewable Electricity? • Make smart decisions: 100% Committed partners can meet their 100-percent renewable electricity commitment with any of the following options, either on their own or in combination: 1. Generating power on-site with renewable sources including – but not limited to – wind, solar, and geothermal. 2. Utility green-marketing products, like power purchase agreements with renewable energy suppliers. 3. Utility green-pricing products, like renewable power options administered by utilities. 4. Renewable energy certificates • Choose the right sources: In accordance with the US Environmental Protection Agency (EPA) Green Power Partnership guidelines, partners must source their electricity from new renewable facilities brought on line within the last 15 years (subject to a few exceptions). (See Appendix for further details.) • Think big-picture: Whatever option(s) work for you, make sure your renewable electricity project(s) don’t have negative impacts on the local environment or community. We encourage 100% Committed partners to get in touch with their local communities to discuss electricity transitions and what would work best for everyone involved. • Think global and act (very) local: We strongly encourage 100% Committed partners to incorporate on-site power generation as part of their action plans, whenever possible. Generating your own power gives you long-term control over costs, while sending a strong visual statement to your customers or community about your values and commitment to addressing climate change. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 7 What Does Your Commitment Cover? • You define where: As a 100% Committed partner, your commitment covers the town, community, building structure(s), or operational or property limits as you define them. • Multiple-choice options: If you have multiple properties or entities, we can only list those powered by 100-percent clean electricity as 100% Committed partners. (For example, if a national retailer called Slope Sports joins 100% Committed, but is only able to power its Denver store with clean energy, we can list Slope Sports—Denver as a partner, but not Slope Sports.) Pick a Target Date • Choose what works for you: Set a date for reaching 100-percent renewable electricity by 2030 or as soon as possible. Not sure how? Talk to us here at Climate Reality or a renewable energy expert and learn more about the steps in your plan and the timeframes involved for each. That way, when you set a date, you’ll be sure to get there. Form a Committee and Hire an Expert • There are many ways to get there: Every 100% Committed partner is different and there’s no one-size-fits-all plan for achieving 100 percent renewable electricity. • Work together: Forming a committee of people inside your organization or within your local community to lead the process can bring diverse perspectives together to help see the challenges ahead and ensure everyone’s on board. • Partner with a pro: Hiring an expert consultant to advise you throughout the planning and implementation processes can help you make smart decisions at every turn and set yourself up for long-term success. Resources • No need to go it alone: There are many great resources out there to help you shift to clean electricity. • Check the map: The EPA’s Green Power Locator can help you find REC providers, utility green- pricing product providers, utility green-marketing product providers, and on-site renewable energy generation providers in your state. • Ski resorts unite: For ski areas, the National Ski Areas Association’s Sustainable Slopes grant program provides cash and in-kind funding to support sustainability projects — such as renewable electricity installations — to members. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 8 STEP THREE: FOLLOW THROUGH When you join 100% Committed, you’re not just standing up for the snow we depend on for our way of life. You’re standing up for the values you believe in and the planet we share. You’re setting a model for communities, businesses, and organizations around the world to follow. And it’s time for the world to know. Spread the Word. • Get loud: Once you’ve signed up with 100% Committed and created an action plan, let your community of customers, citizens, members, or colleagues know. Celebrate your commitment to clean electricity and climate action in your social media and marketing. Because when word gets out, more and more people will want to be part of your success. • We can help: Talk to us at Climate Reality about how we can help spread the word about your great work as a 100% Committed partner to millions of climate-conscious individuals worldwide. A list of opportunities will be detailed in your signed agreement. • Keep the conversation going: Share reports on your progress with Climate Reality and share details in social media updates to your community. When the world sees and hears about the real, verifiable progress you’re making, others will want to follow your lead. Contact Us Ready to join 100% Committed and begin creating your own roadmap to 100-percent renewable electricity? Get in touch and let’s start the conversation. IAmProSnowInfo@climatereality.com 1. Certain parts of the action plans and progress reports can be redacted or withheld if the documents contain trade secrets or any other confidential information. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 9 APPENDIX – ACCEPTABLE RENEWABLE POWER RESOURCES AND PROCUREMENT OPTIONS 100% Committed partners have broad discretion in choosing how to meet their renewable electricity commitments. We know that it’s important to find solutions that work for you and to choose solutions that follow established guidelines and best practices recognized by the business and environmental community. To help you through this process and ensure all 100% Committed partners choose clean energy solutions that meet these standards, we’ve provided some requirements and considerations in this document to assist in understanding and selecting the resources and procurement options available. The requirements outlined below draw on the US EPA’s Green Power Partnership Program and we generally (though not in all cases) defer to its guidelines for questions that are not covered in this document. However, please note that our requirements differ in some key respects (particularly with regards to biomass). Key Considerations for All Renewable Electricity Projects Whatever forms of renewable electricity are chosen, 100% Committed partners must take care to ensure that: 1. The renewable electricity projects selected result in zero greenhouse gas emissions (or very close thereto);1 2. The selected projects should not have serious negative impacts on the local environment or community. We encourage partners to review local environmental impact statements of the projects chosen and/or to consult the local communities to ensure that the projects would be acceptable for everyone involved or affected. The Climate Reality Project reserves the right to end the partnership if it is established (or if a partner fails to prove) that the electricity sources chosen in the partner’s final action plan would violate these guidelines or contain projects from any of the excluded sources listed below.  What Sources Are Acceptable? With the above key considerations in mind, below is a list of acceptable renewable resources. 1. Solar photovoltaics and concentrated solar power; 2. Wind; DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 10 3. Geothermal; 4. Hydropower from new generation capacity on a non-impoundment location facility or new generation capacity on an existing impoundment that meets one or more of the following conditions: • Run-of-the-river hydropower facilities equal to or less than 5 megawatts nameplate capacity; • Hydropower facilities that consist of a turbine in a pipeline or a turbine in an irrigation canal; • Incremental capacity on an existing dam, where the newoutput is equal to or less than 5 megawatts. All hydropower projects chosen are strongly encouraged to get certified as “low impact” by a credible certification body, such as the Low Impact Hydropower Institute. 5. Biomass from solid, liquid, and gaseous forms, provided that they meet all of the following conditions: • CO2 emissions from the biomass projects selected and their supply chains are certified as net-zero (or as close to net-zero as possible)2 from a credible certification body, such as the Sustainable Biomass Partnership or the Roundtable on Sustainable Biomaterials. • The feed stocks used are certified as sustainably sourced from a credible certification body. • The feed stocks used are not contaminated or would not result in emissions of hazardous compounds or harmful local air pollutants when burned. An example would be wood coated with paints, plastics, or formica. • In the case of co-firing or mixing bioenergy forms with nonrenewable energy forms, only the amount of electricity generated from the resources that satisfy all of the previous three conditions will be acceptable. • Any other form of renewable electricity not listed here is acceptable, so long as it can verifiably satisfy the key considerations for all projects above. What Sources are NOT Acceptable? In order to accelerate the movement towards a clean energy economy, The Climate Reality Project explicitly will not accept projects from the following sources: 1. Coal, oil, or natural gas, even if fitted with carbon capture and storage capabilities.3 2. Nuclear energy.4 3. Any other form of electricity generation that would not satisfy the key considerations for all projects above. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 11 How Can Partners Meet Their Renewable Energy Procurement Requirements? Per our 100% Committed Renewable Electricity Roadmap, partners can meet their renewable electricity commitments with any of the following tools, either on their own or in combination: 4. Generating power on-site with renewable sources; 5. Utility green-marketing products, like power purchase agreements with renewable energy suppliers; 6. Utility green-pricing products, like renewable power options administered by utilities; 7. Certified Renewable energy certificates (RECs); 8. Any other credible renewable power procurement option not covered here. Reminders and Other Things to Keep in Mind Per our 100% Committed Renewable Electricity Roadmap, below are a few additional things to keep in mind when devising action plans: 1. In accordance with the US EPA’s Green Power Partnership guidelines, partners must source their electricity from new renewable facilities brought on line within the last 15 years. The reason for this is to encourage new development of renewable energy projects. The Climate Reality Project believes that a facility can be exempt from this requirement in some conditions, including if: • The facility has been re-powered on or after the 15-year new date such that 80 percent of the fair market value of the project stems from new generation equipment installed as part of the re-powering. • A separable improvement to or a complete improvement of an existing operating facility provides incremental generation that is separately metered from the existing generation at the facility. In addition, if the incremental generation is sold as a green power market product, then it must be contractually available for sale. • A facility that is a separately metered landfill gas resource that was not used to generate electricity before the 15-year new date. 2. The Climate Reality Project strongly encourages partners to incorporate on-site power generation as part of their action plans, whenever possible. Generating power on site provides long-term control over costs, while sending a strong visual statement to a partner’s customers or community about their values and commitment to addressing climate change. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B 12 Contact Us We’re here to help. Talk to us and we can help guide you in creating an action plan for how to reach 100-percent renewable electricity and then monitor and report on your progress. 1 In some instances, a small amount of greenhouse gas emissions would be acceptable. For example, if a partner concludes (after assessing all possible forms of procuring renewable electricity) that the most feasible source of cleaner electricity would be gas from a nearby landfill that would exist regardless of the partner’s actions, and that using it would result in significantly fewer greenhouse gas emissions than getting electricity from the grid, then this would be an acceptable project for the partnership. However, we encourage partners to explore all zero-emitting sources first. 2 Ibid. Footnote 1. 3 The rationale being that such projects keep us locked into a fossil fuel-based infrastructure and do not counteract the additional negative externalities from fossil fuel use, such as emissions of soot and the environmental impacts associated with fossil fuel extraction. 4 The rationale being that such projects do not help to accelerate the movement towards a clean energy economy and present additional undesirable challenges related to waste fuel storage and nuclear proliferation. DocuSign Envelope ID: 14683DF3-3521-42DC-9F11-BCA2776A499B