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HomeMy WebLinkAbout5.876 Original Contract " BONNEVILLE POWER ADlMINISTRATION COOPERATIVE AGREEMENT Mazl InvOIce To: See Page 2 For Invoice Instructions Contract Release Page : 00036911 1 Vendor: CITY OF PORT ANGELES LIGHT DEPT PO BOX 1150 PORT ANGELES W A 98362 Please Direct Inquiries to: KRISTA L. MCCRACKEN Title: CONTRACT SPECIALIST Phone: 503-230-5383 Fax: 503-230-4508 Attn: GLENN CUTLER Contract Title: PORT ANGELES. ENERGY CHAMPION FOR NIPPON PROJECT Total Value : $100,000.00 Pricing Method: COST, NO FEE Perf,9rmance Period: 03/18/08 ** NOT TO EXCEED ** Payment Ter.ms: % Days Net 30 09/30/09 A()/) ~\ /~ \" conpjztor SignaturY"l b ..,~ A. VV/(.~ Printed Name/Title "1:>, 7l- -pc.w b V ~>.)).O~ Date Signed .~~~ BP A Contracting Officer J,-111ttu1t -AOOi' Date Signed BONNEVILLE l'llwt-r AdminblnlODII V COVER SHEET CONTINUATION Cooperative Agreement No. 36911 Project Title - Port Angeles Energy Champion for Nippon Project Project Technical Representative - Jennifer Eskil/509-527-6232/lleskll@bpa qov FinancIal Assistance Officer - Krista McCracken / 503 230.5383 / klmccracken@bpa qov 1. This cooperative agreement is hereby Issued as follows and consists of: · Signature page · Cover Sheet Continuation · Terms and Conditions Statement of Work & Budget · Energy Champion Engineer Work Plan, dated March 6, 2008, and any subsequent revIsions Incorporated by reference and made a part of this agreement. 2. This cooperative agreement Includes both in-kind and direct cost share contributions. In-kind contnbutions shall be provided by the recipient and the Northwest Energy Efficiency Alliance as described in the statement of work. A direct 50-50 cost share of the Energy Champion Engineer's cost IS funded through this agreement as descnbed In the statement of work. This award is for $100,000, which is a not-to-exceed amount, and constitutes BPA's cost share for the project. 3. The performance period IS March 18,2008 through September 30,2009. 4. The Project Technical Representative (PTR) for the grant is Jennifer Eskll. The PTR can: · Inspect and review progress of the work performed; · Interpret technical specifications; · Approve submitted dehverables/reports, and, · Approve invoices. The PTR is not authorized to act for the Financial Assistance Officer in the following matters: · Modifications that change the pnce, technical requirements or time for performance; · Suspension or termination of the recipient's nght to proceed; and, · Final decisions on any matters subject to appeal, as provided In the disputes clause. 5. Please mail invOices marked with agreement number to: Bonneville Power Administration Attn: Jennifer L. Eskil/ KLJC 1520 Kelly Place SUite 100 Walla Walla, WA 99362 Cooperative Agreement No. 36911 Page 2 COOPERATIVE AGREEMENT NO. 36911 TABLE OF CONTENTS UNIT 1 - SCHEDULE AGREEMENT TYPE (7-1M) SCHEDULE OF PRICES (22-51 M) UNIT 2 - CONTRACT CLAUSES PAYMENT AND TAXES CLAUSE 4-5 ADVANCE PAYMENT AND FINANCIAL REPORTING REQUIREMENTS CLAUSE 4-15 COST REIMBURSEMENT BASIS GENERAL CONTRACT ADMINISTRATION CLAUSE 4-1 REGULATIONS APPLICABLE TO BPA FINANCIAL ASSISTANCE CLAUSE 4-3 EXAMINATION OF RECORDS CLAUSE 4-4 REPORTING PROGRAM PERFORMANCE CLAUSE 4-8 LIMITATION OF LIABILITY . CLAUSE 4-9 ACKNOWLEDGMENT OF SUPPORT CLAUSE 4-13 PROJECT TECHNICAL REPRESENTATIVE CLAUSE 4-21 REQUIREMENT FOR AUDIT CLAUSE 4-26 BUDGET CHANGES AND LINE ITEM TRANSFERS ORDER OF PRECEDENCE (14-3) STANDARDS OF CONDUCT AND BUSINESS PRACTICES CERTIFICATION, DISCLOSURE, AND LIMITATION REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (3-3) DRUG-FREE WORKPLACE (3-6) SOCIO-ECONOMIC ISSUES CLAUSE 4-2 NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS ENVIRONMENT & SAFETY CLAUSE 4-7 ENVIRONMENTAL PROTECTION DISPUTES CLAUSE 4-10 DISPUTES UNIT 3 - STATEMENT OF WORK AND BUDGET 4 4 4 5 5 5 5 5 5 5 6 6 6 6 6 7 7 7 7 9 10 10 10 10 11 11 12 Cooperative Agreement No. 36911 Page 3 .., UNIT 1 - SCHEDULE AGREEMENT TYPE (7-1 M) (MAR 08)(BPI7.1.9) This IS a Cooperative Agreement with Cost Share requirements. SCHEDULE OF PRICES (22-51 M) (MAR 08) The recipient shall services in accordance with the statement of work. SPA's cost share shall not exceed $100,000. Item No. Description SPA Cost Share - 50% RecIPient Cost Total Prolect Share - 50% Cost 001 Integrated Energy Champion Engineer (ECE) position at the Nippon Pater Industries mill in Port Angeles, Washington - One Year Pilot Project $ 100,000 $ 100,000 $ 200,000 Cooperative Agreement No. 36911 Page 4 ", UNIT 2 - CONTRACT CLAUSES PAYMENT AND TAXES CLAUSE 4-5 ADVANCE PAYMENT AND FINANCIAL REPORTING REQUIREMENTS (BFAI4.10)(SEP 04) (a) Payments under this award will be made by advance payment by Vendor Express payment Recipient requests for advances and recipient financial reporting requirements shall be made as follows: (1) Advances. Advances for the anticipated needs of the project shall be made upon submission of Standard Form 270e, Request for Advance and Reimbursement by the applicant. Generally, advances should be submitted not more frequently than monthly, and each request should not be for more than 90 days cash requirements. An onglnal and two copies should be submitted to the Project Technical Representative (PTR) (2) Federal Cash Transactions Report, SF-272e. This report shall be prepared and submitted to the PTR whenever an SF-269a, Financial Status Report is submitted. (3) Interim cost reports. Interim cost reports on SF-269a, Financial Status Report (Short Form), shall be submitted to the PTR quarterly, within 30 days after the end of the reporting period (4) Excess Funds. A prompt refund shall be made If excess funds are drawn. Exceptions are allowed when funds will be disbursed within 7 calendar days or, If the excess IS less than $10,000 and will be disbursed within 30 calendar days Any Interest earned on advance funds must be promptly refunded (except for State governments and instrumentalities and Tribes.) (5) Final cost report. A final cost report shall be submitted to the PTR within 90 days after the end of the effective period It shall be submitted in the same format as the budget as awarded. The final cost report shall compare the amounts allocated in the award budget to the amounts expended for each budget element. CLAUSE 4-15 COST REIMBURSEMENT BASIS (BFAI 4.10)(SEP 04) This award is funded on a cost reimbursement basis without fee or profit, not to exceed the amount awarded as indicated on the face page and is subject to a refund of unexpended funds to BPA. GENERAL CONTRACT ADMINISTRATION CLAUSE 4-1 REGULATIONS APPLICABLE TO BPA FINANCIAL ASSISTANCE (BFAI 4.10) (SEP 04) The Bonneville Power Administration's financial assistance function is managed and executed solely in accordance with the Bonneville Financial Assistance Instructions (BFAI). The BFAlls available Without charge on the Internet at http://www/bpa.gov. Copies of the BFAI may be obtained for $15.00 each. Requests and comments should be sent to Head of the Contracting Activity - GK, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208. Subscriptions are not available CLAUSE 4-3 EXAMINATION OF RECORDS (BFAI 4.10) (SEP 04) (a) The recipient shall maintain books, records, documents, and other eVidence and accounting procedures and practices, suffiCient to reflect properly all direct and Indirect costs of whatever nature claimed to have been Incurred and anticipated to be incurred for the performance of thiS award. The Financial Assistance Officer or a representative shall have the right of access to any books, documents, papers, or other records of recipients and subreclplents which are pertinent to the award, In order to make audits, examinations, excerpts and transcnpts. Cooperative Agreement No. 36911 Page 5 '" (b) Such matenal shall be made available at the office of the recipient, at all reasonable times, for inspection, audit or reproduction, until the expiration of 3 years from the date of final payment under this award or for such longer period, if any, as IS required by applicable statute If any litigation, claim, negotiation, audit or other action involving the records has been started pnor to the expiration of the 3 year period, the records must be retained until completion of the action and resolution of all Issues which anse from It, or until the end of the regular 3 year period whichever IS later. CLAUSE 4-4 REPORTING PROGRAM PERFORMANCE (BFAI4.10)(SEP 04) (a) Frequency. Unusual events having a negative Impact on the project should be reported to the Project Technical Representative (PTR) as soon as they are discovered. A progress report is due in (FAD Insert specific requirements) covering the previous six months of effort. A final report on the project must be submitted no later than 90 days after completion of the project. (b) Contents The report should contain a comparison of the actual accomplishments to those planned for the penod. If the project is not on schedule, a brief explanation of the reason IS required. Unusual situations encountered which impacted the costs or effectiveness of the project should be identified and explained. (c) Copies. Two copies of the reports required shall be submitted to the PTR. CLAUSE 4-8 LIMITATION OF LIABILITY (BFAI4.10)(SEP 04) The recipient agrees to hold SPA harmless against any direct or consequential damages claimed by the recipient or third parties arising from or related to ReCipient's performance, during the period of this award. CLAUSE 4-9 ACKNOWLEDGMENT OF SUPPORT (BFAI4.10)(SEP 04) Publication of the results of this award is encouraged. The recipient shall include in any article or other announcement that IS published an acknowledgment that the research was supported, In whole or in part, by SPA (including the award number), but that such support does not constitute an endorsement by SPA of the views expressed therein. CLAUSE 4-13 PROJECT TECHNICAL REPRESENTATIVE (BFAI4.10)(SEP 04) (a) The Project Technical Representative (PTR) is the authonzed representative of the Financial ASSistance Officer (FAD) for technical actions performed in relation to the award. This Includes the functions of (1) review of work performed; and (2) interpretation of technical program requirements. (b) The PTR IS not authorized to act for the FAD In the following matters: (I) modifications that change the amount of award, technical requirements or time for performance; (2) suspension or termination of the recipient's nght to proceed, and (3) final decisions on any matters subject to appeal. CLAUSE 4-21 REQUIREMENT FOR AUDIT (BFAI4.10)(SEP 04) The recipient IS required to obtain an audit in accordance with OMS Circular A-133. Cooperative Agreement No. 36911 Page 6 CLAUSE 4-26 BUDGET CHANGES AND LINE ITEM TRANSFERS (BPI 4.10) (SEP 04) If unanticipated project needs arise, the recipient is authorized to make budget line item transfers not exceeding ten per cent of the total approved budget (or Financial Assistance Officer (FAO) may change this to "current year's budget" as appropriate to the transaction). Reallocation of funds exceeding this amount must have the prior written approval of the FAO. The recipient shall send a written request for such budget changes to the FAO through the Project Technical Representative. The FAO will respond to the request within 30 days. Recipients or subrecipients shall obtain prior approval whenever any of the following changes are anticipated. (a) Changes in the scope or the objective of the project or program that will require a budget revision. (b) The need for additional funding. ORDER OF PRECEDENCE (14-3) (SEP 98)(BPI14.4.1.1) Any Inconsistency In this solicitation or contract shall be resolved by giving precedence In the following order: (a) the Schedule (excluding the specifications or statement of work); (b) contract clauses; (c) the specifications or statement of work; and (d) other documents, exhibits, and attachments. STANDARDS OF CONDUCT AND BUSINESS PRACTICES CERTIFICATION, DISCLOSURE, AND LIMITATION REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (3-3) (SEP 98)(BPI 3.5.6) (a) As used In this clause: "Covered Federal action" means (1) The awarding of any Federal contract. (2) The extension, continuation, renewal, amendment, or modification of any Federal contract. "Indian tribe" and "tribal organization" have the meaning provided In section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) and Includes Alaskan Natives. "Influencing or attempting to influence" means making, with the Intent to Influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with any covered Federal action. "Local government" means a unit of government In a State and, If chartered, established, or otherwise recognized by a State for the performance of a governmental duty, Includes a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Person" means an indiVidual, corporation, company, aSSOCiation, authority, firm, partnership, society, State, and local government, regardless of whether such entity IS operated for profit or not for profit. This term excludes an Indian tribe, tnbal organization, or any other Indian organization with respect to expenditures speCIfically permitted by other Federal law. "Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that IS not furnished to, not funded by, or not furnished in cooperation with the Federal Government. Cooperative Agreement No. 36911 Page 7 .,/ "Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services In the pnvate sector. "Recipient" includes all contractors and subcontractors. The term excludes an Indian tribe, tnbal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who IS employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she IS employed by such person for 130 working days: "State" means a State of the United States, the Dlstnct of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that: (I) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract or the extension, continuation, renewal, amendment, or modification of any Federal contract (2) If any funds other than Federal appropnated funds (Including profit or fee received under a covered Federal transaction) have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, Standard Form-LLL, Disclosure of Lobbying Activities, to the Contracting Officer. (3) He or she will include the language of thiS certification in all subcontract awards at any tier and that all sub-recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of thiS certification and disclosure IS a prerequisite for making or entenng Into this contract Imposed by section 1352, title 31, U.S. Code. Any person who makes an expenditure prohibited under this provIsion or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (d) A contractor who requests or receives from an agency a Federal contract shall file With that agency a disclosure form, OMS standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment uSing non appropnated funds (to Include profits from any covered Federal action), which would be prohibited under this clause if paid for With appropnated funds. (e) The contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that matenally affects the accuracy of the Information contained in any disclosure form previously filed by such person under paragraph (b) of thiS clause. An event that materially affects the accuracy of the information reported includes-- (1) A cumulative increase of $25,000 or more In the amount paid or expected to be paid for influencing or attempting to Influence a covered Federal action; or (2) A change In the person(s) or individual(s) Influencing or attempting to Influence a covered Federal action; or (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to Influence a covered Federal action. Cooperative Agreement No. 36911 Page 8 '.. (f) The contractor shall require the submittal of a certification, and If required, a disclosure form, by any person who requests or receives any subcontract exceeding $100,000 under the Federal contract. (g) All subcontractor disclosure forms (but not certifications), shall be forwarded from tier to tier until received by the prime contractor. The prime contractor shall submit all disclosure forms to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained In the subcontract file of the awarding contractor. (h) Any person who makes an expenditure prohibited under thiS clause or who falls to file or amend the disclosure form to be filed or amended by thiS clause shall be subject to a civil penalty as provided by 31 U. S. ~ode 1352. An impOSition of a ciVil penalty does not prevent the Government from seeking any other remedy that may be applicable. DRUG-FREE WORKPLACE (3-6) (SEP 98)(BPI 3.6.4) (a) The contractor agrees that with respect to all employees to be employed under this contract It Will provide a drug-free workplace as described in this clause. (b) Definitions. As used in this clause "Controlled substance" means a controlled substance In schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), as from time to time amended, and as further defined in regulation at 21 CFR 1308 11-1308.15, as amended. "Conviction" means a finding of guilt (including a plea of nolo contendere) or Imposition of sentence, or both, by any judiCial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute involVing the manufacture, distribution, dispensing, possession or use of any controlled substance. "Drug-free workplace" means the slte(s) for the performance of work done by the contractor in connection with a specific contract at which employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution, dIspensing, possession, or use of a controlled substance. ! "Employee" means an employee of a contractor directly engaged In the performance of work under a Government contract. "Directly engaged" IS defined to include all direct cost employees and any other contractor employees who have other than a minimal impact or Involvement In contract performance. "IndiVidual" means an offeror/contractor that has no more than one employee including the offeror/contractor (c) The Contractor, if other than an individual, shall -- Within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration); or as soon as possible for contracts of less than 30 calendar days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispenSing, possession, or use of a controlled substance IS prohibited In the contractor's workplace and specifying the actions that Will be taken against employees for violations of such prohibition; (2) Establish an on-going drug-free awareness program to Inform such employees about-- (A) The dangers of drug abuse in the workplace; (B) The contractor's policy of maintaining a drug-free workplace; (C) Any available drug counseling, rehabilitation, and employee assistance programs; and Cooperative Agreement No. 36911 Page 9 " ~ (D) The penalties that may be Imposed upon employees for drug abuse violations occurnng In the workplace, (3) Provide all employees engaged In performance of the contract with a copy of the statement required by subparagraph (c)(1) of this clause; (4) Notify such employees in wnting In the statement required by subparagraph (c)(1) of this clause that, as a condition of continued employment on this contract, the employee will-- (A) Abide by the terms of the statement; and (B) Notify the employer in writing of the employee's conviction under a cnmlnal drug statute for a violation occurnng In the workplace no later than five (5) days after such conviction. (5) Notify the Contracting Officer In wntlng within ten (10) days after receiving notice under subdivision (c)(4)(B) of this clause, from an employee, or otherwise receiving actual notice of such conviction. The notice shall Include the position title of the employee; (6) Within 30 days after receiving notice under subparagraph (c)(4)(B) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (A) Taking appropnate personnel action against such employee, up to and including termination; and/or (B) Require such employee to satisfactonly participate In a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (c)(1) through (c)(6) of this clause. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraph (c) of this clause may, pursuant to BPI 3.6.3 render the contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment. SOCIO-ECONOMIC ISSUES CLAUSE 4-2 NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS (BFAI4.10) (SEP 04) The recipient shall comply with 10 CFR Chapter II, Section 60039 which provides that "...no person shall on the ground of race, color, national origin, sex, handicap, or age be excluded from participation In, be denied the benefits of, be subjected to discrimination under, or be denied employment, where the main purpose of the program or activity IS to provide employment or when the delivery of program services is affected by the recipient's employment practices, in connection with any program or activity receiving Federal assistance from ..." BPA ENVIRONMENT & SAFETY CLAUSE 4-7 ENVIRONMENTAL PROTECTION (BFAI 4.10)(SEP 04) The recipient shall Insure that the facilities under its ownership, lease or supervision which will be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violation Facilities and that it Will notify BPA of the receipt of any communication from the Director of the EPA Office of Federal ActiVities indicating that a facility to be used in the project IS under conSideration for listing by the EPA. Cooperative Agreement No. 36911 Page 10 '-4"' DISPUTES CLAUSE 4-10 DISPUTES (BFAI 4.10) (SEP 04) (a) Except as otherwise provided In this award, any unresolved dispute concerning a question of fact arising under this award shall be decided by the Financial Assistance Officer (FAO), who shall reduce that decision to writing and mail, or otherwise furnish a copy thereof to the Recipient. The decision of the Financial Assistance Officer shall be final and conclusive. The FAO's decision may be appealed to the SPA HCA. The decision of the SPA HCA shall be final and conclusive. (b) This clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above; provided, that nothing in this award shall be construed as making final the decision of any administrative official, representative, or board, based on a question of law. (c) The use of alternate disputes resolution processes are encouraged, and may be used as negotiated between the parties. Cooperative Agreement No. 36911 Page 11 UNIT 3 - STATEMENT OF WORK AND BUDGET City of Port Angeles Nippon Paper Industries Energy Champion Proposal Financial Assistance Cooperative Agreement A. Goal The goal of this Cooperative Agreement IS for Nippon Paper Industries, USA (NPI), Bonneville Power Administration (BPA), the City of Port Angeles (the City), and the Northwest Energy Efficiency Alliance (NEEA) to collaborate in development of a strategic energy management program and the evaluation of an integrated Energy Champion Engineer (ECE) position at the NPI mill in Port Angeles, Washington. B. Background The Nippon Paper Industries, USA Company owns and operates a pulp and paper mill originally bUilt In 1920 at the base of Edlz Hook in Port Angeles, Washington. The mill manufactures approximately 440 tons/day of telephone directory paper on two paper machines. Paper pulp is produced using locally purchased wood chips, recycled newspnnt and telephone directories (40% of finished paper product), and dned kraft paper. NPI has actively worked to manage its thermal fuel resources achieving a 25% reductIon in total steam per produced ton of paper since 1999, and a 60%. reduction in fuel oil consumption since 2002. In order to further enhance ItS competitive position, NPI has been working with the City, NEEA, and BPA to explore opportunities to implement improvements in electnc energy efficiency at the mill. The City provides electric service to NPI. NPI uses approximately 45 aMW per year of electrical energy and the City is working in cooperation with NPI to determine potential energy savings. Since the estimated energy savings potential of an industry of this size and scope is 1 aMW, the City believes a successful project at thiS facIlity would help BPA to meet ItS Industrial energy savings targets. BPA's energy savings target for the industrial sector is 10 aMW In FY08 and 14 aMW In FY09. BPA, the City and NPI have worked with the NEEA to develop a cooperative working relationship over the past year. The City is now proposing that BPA, NEEA and NPI secure the services of an ECE for the NPI Port Angeles mill. In summary, NPI would hire a contractor partially funded by BPA, via a Cooperative Agreement with the City, to pilot the services of an "Energy Champion Engineer" (ECE). During the pilot phase, BPA would fund the position in part, NTE $100,000, and should the effort prOVide a definitive value to NPI, NPI would then create a permanent pOSition. The short and long-term benefits to BPA and the region would be significant energy savings which would reduce the Administrator's obligation to serve load to the City'S service territory. Such a reduction in power use will provide more benefits of the Federal Columbia River Power System (FCRPS) to the region as a whole. C. The Project The City proposes that the City, BPA, NEEA, and NPI form a cooperative arrangement to promote continuous energy improvements at the NPI Port Angeles mill. The City also proposes: . The City provides in-kind services related to the project including but not limited to: meeting coordination; project progress tracking; assistance with project proposal development and details on power rates; power use and provide project incentive commitments. The City Will manage the project in terms of assunng that all parties hold up "their end" of the cooperative agreement The City Will manage the financial assistance funds and track the monthly costs of the ECE. The City will request advance BPA payment for the purposes of reimbursing NPI (using the federal form 270e) including quarterly advances. The City must have the funds In advance because they cannot use additional rate payer funds for thiS effort because BPA has already acquired the City's conservation funds through their rates and must now return those funds to the City for this effort Cooperative Agreement No. 36911 Page 12 'c' · The NEEA will assist NPI, through development of contractor qualifications and job descnptlon support, to engage an expenenced engineer to develop and Implement a strategic energy management program at NPI. The engineer will work at NPI as the ECE in the mill for a one-year period as an NPI contractor, not an employee of NPI. The ECE will lead NPl's energy management program, Identify and priontlze energy projects, and provide employee training and awareness · The NEEA and SPA will help the ECE and NPI establish a strategic energy management program. The NEEA and SPA will also provide resources to the ECE and NPI for applicable systems training employee awareness, materials and regular mentonng of the ECE which will be based on NEEA's expenence in other similar facilities The NEEA and SPA will provide technical service support which will contribute to NPl's ECE and assist In the development of the NPI strategic energy management program development and execution. · The SPA will provide up to 50 percent, NTE $100,000, of the ECE's annual cost for the one-year penod, through Financial Assistance to the City. The total annual cost for the ECE shall not exceed $200,000. NPI will fund the remaining annual costs associated with the ECE position. · NPI will integrate the ECE position into its organizational structure, provide managerial support and promote the strategic energy management program over the one-year period NPI will evaluate the impact of the ECE position by the end of the one-year penod and consider Incorporating the ECE or equivalent position into the NPI organizational structure on a fully funded internal basIs. · The Parties will operate the program through the pnnclpals developed in a Work Plan accepted by all parties. D. Project goals and specific, measurable objectives The project will result in the hinng of an ECE (contractor) by NPI to work at the mill for a one-year period. The ECE will. develop and implement a strategic energy management program at NPI, identify and track key performance indicators (KPI) specific to the NPI mill, and Identify cost-effective energy efficiency projects at the mill. NPI and the ECE will provide quarterly progress reports and invoices detailing the ECE's activity for the prior quarter to the City. The City will provide quarterly reimbursement for 50% of the ECE's expenses to NPI upon receipt of an invoice and the following time specific measurements. The measurements are: 1. A wntten report on assessment of energy awareness at NPI and ECE job description at NPI 2. A written report on technical assessments of compressed air, pumping, fans, lighting, and motor systems at NPI I 3. A list of KPI to be used at NPI and report on how they will be measured and reported. 4 Copies of the draft strategic energy management program. 5. A wntten report on the training sessions for the strategic energy management program. 6 A list of prioritized energy efficiency projects specific to the NPI mill. 7. Project proposals for cost-effective energy efficiency projects approved by NPI for Immediate Implementation 8. A wntten report identifying available outside resources and contact information. 9. Copies of the final strategic energy management program. 10. A written report on assessment of the ECE position at NPI. Cooperative Agreement No. 36911 Page 13 l "l E. Project Budget Description Energy Champion Engineer BPA Nippon $100,000 $100,000 Citv1 In-kind 1/ In-kind contnbutlons have not been quanlified for purposes of this agreement NEEA1 In-kind Total $200,000 Cooperative Agreement No. 36911 Page 14