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HomeMy WebLinkAbout000639 Original Contract City of Port Angeles Record #000639 UNITED STATES COOPERATIVE AGREEMENT GREia]STMT Mail Invoice To: .See Page 2 Contract :00059992 Release Page 1 Vendor, CITY OF PORT ANGELES Please Direct Irguiries!o: 321 EAST FIFTH STREET PORT ANGELES WA 98362 MATTHEW L,DELONG Title: CONTRACT SPECIALIST Thane: 503-230-7549 Fax : 503-230-4508 Attn: PHIL LUSK Contract Title: TIP#270 DEMAND RESPONSE DEMONSTRATION MARKET Total Value 512,780.00 Pricing Method-, COST SHARE(NO FEE) '*NOT TO EXCEED * Performance Perio �9l3alla d: 10/01/12 - T'ayment Texrns: $ Days Net30 Contractor Signature --� - -' Bl'A CaJ (icerC 1`3?�a��D CsL3�r r^-- - 0 Printed NameiTitle Date Signed Date Signed BONNEVILLE Power'ndailnlslni lEuu Continuation Sheet r COOPERATIVE AGREEMENT#59992 TECHNOLOGY INNOVATION PROJECT#270 DEMAND RESPONSE DEMONSTRATION MARKET BPA Financial Assistance Officer Matt DeLong (503)230-7549 mldelona anboa.aov BPA Project Manager Tom Brim (503)230-4043 tebrimMpa,aov BPA Project Technical Representative Melanie Parker (503)230-3170 mrparker(cDbpa.gov CoPA Principal Investigator Phil Lusk (360)417-4703 Plusk(@citvofpa.us 1. Cooperative Agreement Contents: A. Signature Page B. Continuation Sheet C. Unit 1 Terms and Conditions, Unit 2 Project Description, Unit 3 Budget 2. Recipient shall submit monthly reimbursement requests, cost share, and supporting documentation to PTR by email in accordance with Clause 4-6M. 3. Pre-award costs and cost share reporting will be accepted from October 1, 2012 up to the execution date of the agreement. 4. The total period of performance of this agreement is from October 1,2012 through September 30, 2014, 5. The not-to-exceed value of this award is$12,780 of BPA funding through September 30,2013. 6. All capacity and incentive payments will be negotiated and reimbursed under separate BPA agreement. No energy related payments may be made under this award. 7. This agreement does not authorize the purchase or sale of electric power or transmission services. Any contracts referencing such sales will take place outside of this agreement. 8. This award document may contain both Financial Assistance clauses, as well as BPA purchasing clauses, as allowed by both the Bonneville Financial Assistance Instructions (BFAI) and the Bonneville Purchasing Instructions (BPI). It is BPA's intent that these clauses be used interchangeably and Contractors and/or Financial Assistance recipients abide by the clause's legal requirements regardless of the use of the specific words: "contract," "contractor," "subcontractor," "grant," "cooperative agreement," "recipient," or "sub- recipient." 9. Cost principles in 2 CFR 230 will be referenced to determine allowable, allocable, and reasonable costs for reimbursement. 10. Administrative requirements from 2 CFR 215 (A-110) applies to Higher Education, Hospitals, and Other Non Profit Organization recipients. (END OF CONTINUATION SHEET) Cooperative Agreement#59992 Page 2 COOPERATIVE AGREEMENT TABLE OF CONTENTS UNIT 1 --TERMS & CONDITIONS 4 REGULATIONS APPLICABLE TO BPA FINANCIAL ASSISTANCE (4-1) 4 NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS (4-2) 4 EXAMINATION OF RECORDS (4-3) 4 REPORTING PROGRAM PERFORMANCE (44M) 4 REIMBURSEMENT PAYMENT AND FINANCIAL REPORTING REQUIREMENTS (4-6M) 5 ENVIRONMENTAL PROTECTION (4-7) 6 INDEMNIFICATION (4-8) 6 ACKNOWLEDGMENT OF SUPPORT (4-9) 6 DISPUTES (4-10) 6 TRAVEL (4-11) 6 PROJECT TECHNICAL REPRESENTATIVE (4-13) 7 FIELD REPRESENTATIVEIPROJECT MANAGER (4-14) 7 COST REIMBURSEMENT BASIS (4-15) 7 SUSPENSION OR TERMINATION (4-17) 7 CHANGE OR ABSENCE OF THE PRINCIPAL INVESTIGATOR OR DESIGNATED KEY PERSONNEL (4-18) 8 REQUIREMENT FOR AUDIT (4-21) 8 PERSONAL PROPERTY MANAGEMENT (4-23) 8 COST SHARE(4-100M) (BFAI 1.3.3)(NOV 12) 9 PERFORMANCE PERIOD (4-101M) 9 CERTIFICATION, DISCLOSURE,AND LIMITATION REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (3-3) 10 DRUG-FREE WORKPLACE (3-6) 12 AUTHORIZATION AND CONSENT-RESEARCH, DEVELOPMENT,AND DEMONSTRATION CONTRACTS(17-1.1) 13 RIGHTS IN DATA--CREATION OF NEW WORK (17-5,1) 13 PATENT AND COPYRIGHT INFRINGEMENT NOTICE (17-13) 14 NONDISCLOSURE DURING CONTRACT PERFORMANCE (17.22) 14 UNIT 2 - PROJECT DESCRIPTION 16 UNIT 3 -- BUDGET 23 Cooperative Agreement#59992 Page 3 UNIT 9 - TERMS & CONDITIONS REGULATIONS APPLICABLE TO BPA FINANCIAL ASSISTANCE (4-1) (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 BFAI is 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. NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS (4-2) (BFAI 4.10) (SEP 04) The recipient shall comply with 10 CFR Chapter 11, Section 600.39 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. EXAMINATION OF RECORDS (4-3) (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 subrecipients which are pertinent to the award, in order to make audits, examinations, excerpts and transcripts. (b) Such material 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 prior to the expiration of the 3 year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3 year period whichever is later. REPORTING PROGRAM PERFORMANCE (4-4M) (BFAI 4.10)(NOV 12) (a) Frequency. Unusual events having a negative impact on the project shall be reported by the Recipient to the Project Technical Representative(PTR)as soon as they are discovered, A progress report is due quarterly no later than seven days following the Friday after the last day of the quarter. BPA quarters end on December 31, March 31, June 30, and September 30. A final report on the project must be submitted no later than 90 days after completion of the project. (b) Contents. The report shall contain a comparison of the actual accomplishments to those planned for the period, and the findings of the principal investigator. 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. Include the following information: 1. Planned Project Deliverable(s)list format with status. a. Track entire list from start to finish of project. Cooperative Agreement#59992 Page 4 b. Track Status notations may include: submitted, accepted, in progress, delayed, and rescheduled. 2. Activities/Accomplishments. Work performed this reporting period tracked at tasVdeliverable level, Include status of stage gates this reporting period. 3. Challenges/Discoveries. Describe problems encountered and what discoveries made. Link to tasks and deliverables. 4. Actions Taken on Challenges/Discoveries. Describe your response or proposed response. Include actions taken, results achieved, people informed, etc. 5. Planned Activities. Describe activities planned for next quarter. If appropriate, include next stage gate, when is it and what expectations are to be met E. Schedule Status. Do you anticipate meeting, or missing, the planned completion date for upcoming tasks and deliverables? Explain any variance. Explain your basis for this determination. 7. Financial Status. Describe the actual project expenditures at the stage gate level. BPA understands that final expenditure information may not be immediately available at the end of each quarter. Reasonably estimate the expenditures. 8. Proposed Project Changes a. Track list of proposed project changes from start to finish of project, Describe any changes to project scope, schedule, budget or work element. b. Track status of project changes submitted, Status may include submitted, accepted, revised, declined, in progress, delayed. (c) Format. Deliver report in electronic format in Microsoft Word or Adobe Portable Document Format. REIMBURSEMENT PAYMENT AND FINANCIAL REPORTING REQUIREMENTS (4-6M) (BFAI 4.10)(NOV 12) (a) Payment for services performed under this award will be reimbursed by Vendor Express payment after performance of the services. Recipient requests for reimbursements, and recipient financial reporting requirements shall be made as follows: (1) Reimbursements. Standard Form 270e, Request for Advance and Reimbursement, or its equivalent, shall be used when requesting reimbursement for costs incurred on the project. Requests should not be made more frequently than monthly. The request should be submitted electronically to the Project Technical Representative(PTR). Requests shal€be accompanied by: i. A summary of the approved budget, by line item, and cumulative expenditures by line item to date. Cost share shall be reported for the period of the request and cumulative to date. ii. Documentation to support payment. Guidance for documentation may be obtained from the Financial Assistance Officer. (2) Final Cost Report. The 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. Cooperative Agreement#59992 Page 5 ENVIRONMENTAL PROTECTION (4-7) (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, INDEMNIFICATION (4-8) (BFAI 4.10)(SEP 10) The recipient agrees to hold BPA 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. ACKNOWLEDGMENT OF SUPPORT (4-9) (BFAI 4.10)(SEP 10) 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 project was supported, in whole or in part, by BPA (award number may be included), but that such support does not constitute an endorsement by BPA of the views expressed therein. DISPUTES (4-10) (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 f=inancial 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 BPA HCA. The decision of the BPA 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. TRAVEL (4-11) (BFAI 4.10)(SEP 04) (a) Domestic travel may be an appropriate charge to this award, and prior authorization for specific trips is not required. In accordance with the applicable cost principles, reasonable, necessary, and allowable travel costs may be charged on an actual basis or per diem basis in lieu of actual costs incurred, provided the method used results in charges consistent with those normally allowed by the organization in its regular operations and travel is at less than business class common carrier fare, unless otherwise approved in advance by the Financial Assistance Officer. (b) Foreign travel may be charged to this award without prior approval if detailed in the approved budget. If foreign travel is required, but not detailed in the approved budget, it must be approved in writing by the Financial Assistance Officer prior to beginning the travel. Foreign travel will be reimbursed on the same basis as domestic travel. Cooperative Agreement#59992 Page 6 PROJECT TECHNICAL REPRESENTATIVE (4-13) (BFAI 4.10)(SEP 04) (a) The Project Technical Representative (PTR) is the authorized representative of the Financial Assistance Officer (FAO) 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 FAO in the following matters: (1) modifications that change the amount of award, technical requirements or time for performance; (2)suspension or termination of the recipient's right to proceed; and(3)final decisions on any matters subject to appeal, FIELD REPRESENTATIVEIPROJECT MANAGER (4-14) (BFAI 4.10)(SEP 04) (a) The Field Representative (FR) or Project Manager (PM) will be appointed by Financial Assistance Officer (FAO) or the Project Technical Representative (PTR) and is authorized by the PTR for reviewing project accomplishments and recipient's technical reports, and interpretation of award requirements. (b) The Field Representative (FR) or PM is not authorized to act in the following matters; (1) modifications that change the award amount or general direction of the project; (2) suspension or termination of the recipient's right to proceed; (3)approval of financial requests and reports, and (q)final decisions on any matters subject to appeal. COST REIMBURSEMENT BASIS (4-15) (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. SUSPENSION OR TERMINATION (4-17) (BFAI 4.10)(SEP 04) (a) Definitions. (1) "Suspension" is an action by BPA that temporarily suspends BPA support under the award pending corrective action by the Recipient or pending a decision by BPA to terminate the award. (2) "Termination" means the cancellation of BPA sponsorship, in whole or in part, at any time prior to the date of completion. (b)Suspension or Termination for cause. (1) Notice of Suspension. Prior to issuing a suspension notice, efforts will be made by BPA and the recipient to informally resolve disagreements. If informal efforts fail, BPA may issue a notice of suspension that specifies the date on which the suspension will take effect. During the suspension, BPA may withhold further payment and prohibit the recipient from incurring additional obligations of funds pending corrective action by the recipient or a decision by BPA to terminate. BPA shall allow all necessary and proper costs that the recipient could not reasonably avoid during the period of suspension provided that they would otherwise be allowable. (2) Notice of Termination for Cause. Prior to issuing a termination notice, efforts will be made by BPA and the recipient to informally resolve disagreements. If informal efforts fail, BPA may issue a notice of termination that will take effect as stated in the letter, The Financial Assistance Officer shall determine the severity of the violation that caused the termination for cause, and determine what costs are appropriate for reimbursement. (c) Termination for convenience. BPA or the recipient may request that the award be terminated in whole or in part when both parties agree that the continuation of the project would not produce beneficial results Cooperative Agreement#59992 Page 7 commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The recipient shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. BPA shall allow full credit to the recipient for the BPA share of the noncancellable costs, properly incurred by the recipient prior to termination. (d) Authority to issue notices. The Financial Assistance Officer is the only person authorized to suspend or terminate the award. CHANGE OR ABSENCE OF THE PRINCIPAL INVESTIGATOR OR DESIGNATED KEY PERSONNEL (4-18) (BFAI 4.10)(SEP 04) Since BPA funding of this project is based, to a significant extent, on the qualifications and level of participation of the Principal Investigator(s), or key personnel, a change of Principal Investigator(s), or key personnel, or their level of effort is considered a change in the approved project. The approval of BPA must be obtained prior to any change of the Principal Investigator or key personnel who have been identified as key personnel. In addition, any continuous absence of the Principal Investigator or key personnel in excess of 3 months, or plans for the Principal Investigator or key personnel to become substantially less involved in the project than was indicated in the approved application requires BPA prior approval. The recipient must contact the Financial Assistance Officer (FAO) immediately upon becoming aware that any of these changes are likely and must receive FAO approval before effecting any such change. REQUIREMENT FOR AUDIT (4-21) (BFAI 4.10)(SEP 04) The recipient is required to obtain an audit in accordance with OMB Circular A-133. PERSONAL PROPERTY MANAGEMENT (4-23) (BFAI 4.10)(SEP 04) (a) This clause provides guidance for the utilization and disposition of personal property furnished by BPA or acquired in whole or in part with BPA funds, or whose cost was charged to a project supported by BPA funds. Also see BPI Clause 19-1. (b) BPA-owned personal property, (1) The following BPA property will be provided for use in this award: None (2) Title remains vested in BPA. The recipient shall submit an annual reconciled physical inventory listing by October 1 of each year of such property in its custody to the PTR. (3) Upon completion of the award, or when the property is no longer needed, the recipient shall provide an inventory of the property to BPA and request disposition instructions. (c) Recipient-acquired personal property. (1) When the recipient acquires personal property using BPA funds, in whole or in part, title vests with the recipient. (2) BPA will request the recipient to transfer title to the following property at the end of the project: None (3) BPA reserves the right to transfer title to the property listed below to itself or a third party at the completion of the project. Cooperative Agreement#59992 Page 8 None (4) If BPA does not provide disposition instructions for property identified in (b)(3) within 120 days of the end of the project, BPA relinquishes the right to transfer title and the recipient may retain the property, or dispose of it as appropriate. (5) BPA does not reserve the right to transfer title to the following personal property. The recipient may retain, use or dispose of this property. None (6) The recipient shall submit a reconciled physical inventory listing by October 1 every second year of the award of personal property in its control. (d) Property Management Standards for property which BPA will, or reserves the right to, require the transfer of title at the conclusion of the award: (1) Property records shall be maintained which include a description of the property, source of property, including award number, acquisition date, location, use and condition of the property and the date the information was reported, unit acquisition cost, ultimate disposition of property, and date of disposition. (2) The recipient shall maintain a system to insure adequate safeguards to prevent loss, damage, or theft of the property. (3)The recipient shall follow adequate maintenance procedures to keep the property in good condition. COST SHARE (4-100M) (BFAI 1.3.3)(NOV 12) The total estimated project cost is the sum of the BPA share and the Recipient share of the estimated project costs. EPA's share may not exceed fifty percent of the project's total cost or the percentage identified in the Cost Share Budget in Unit 3, whichever is less. The Cost Share Budget constitutes the cost share requirement for this project. BPA shall not pay profit to the Recipient for performing this project. (a) Recipient shall maintain records of all projects costs claimed as cost sharing, including in-kind costs, as well as records of cost to be paid by BPA. Such records are subject to audit. (b) In the event of a change to the cost share type or source, Recipient shall provide written notification to the Financial Assistance Officer, (c) If Recipient discovers it may be unable to provide cost sharing of at least the amount identified in the Cost Share Budget, Recipient shall immediately provide written notification to the Financial Assistance Officer. The notification shall indicate whether you will continue or phase out the project. If you plan to continue the project, the notification must describe how replacement cost sharing will be secured or the scope will be modified to comply with the cost sharing requirement. (d) Failure to obtain and maintain the required level of cost share during the project period of performance is grounds for Termination. BPA may terminate this Agreement per Clause 4-17 without notice if the Recipient is unable to obtain and/or maintain the required level of cost share during the project period of performance PERFORMANCE PERIOD (4�101M) (BFAI 4.10)(NOV 12) (a) The work to be performed under the Agreement shall commence on the date specified on the signature page of the release or upon Agreement execution, whichever is later, and shall continue until the date specified on the signature page. Cooperative Agreement#59992 page 9 (b)The performance period is subject to the Project Description's Project Stage Gates. (1) Stage gates are decision points for deciding whether the project should continue, be delayed, stopped or re-scoped. Stage gates occur at least once before the end of a project. Stage gates are based upon the essential performance elements (breakthroughs) that have to happen for the rest of the project to be worth doing and before the project can go any further. (2) BPA will authorize performance of subsequent stage gates identified in the Statement of Work. In the event a determination is made to exercise a subsequent stage gate, the Project Technical Representative (PTR) will issue a written authorization to proceed with work included in the subsequent stage gate. The PTR's stage gate authority is limited to stage gates that have been funded by the Agreement or Modification to the Agreement. (3) FAO review and approval is required in writing for the incentive payment structure prior to any incentive payments. (4) Reallocation of funds between stage gates requires the written approval of the FAO. The Recipient shall submit any reallocation requests through the PTR. (5) The decision to exercise a stage gate is a unilateral option reserved for BPA. (c) The performance period may be extended per the Performance Period clause via bi-lateral modification. (d) Extensions for FY14 proposed in the Project Description is subject to BPA's favorable determination of the following: (1) Availability of adequate funds from BPA's Technology Innovation Program. (2) Required reports were submitted and contained required data. (3) Results demonstrate progress towards project goals was equal to or greater than established by the Agreement. (4) The next period's work statement and budget has been submitted and approved by BPA. (5) The formal presentation of the project status has been completed and BPA desires to continue the project. CERTIFICATION, DISCLOSURE, AND LIMITATION REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (3-3) (SEP 98)(DPI 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.4506)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 anycovered 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 Cooperative Agreement#59992 Page 10 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, tribal 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. "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 private sector. "Recipient" includes all contractors and subcontractors. The term excludes an Indian tribe, tribal 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 District 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; (1) 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 appropriated 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 entering 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, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using non appropriated funds (to include profits from any covered Federal action), which would be prohibited under this clause if paid for with appropriated funds. (e) The contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by Cooperative Agreement#59992 Page 11 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. (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 fails 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. Code 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 site(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 offerorlcontractor 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; Cooperative Agreement#59992 Page 12 (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 (D) The penalties that may be imposed upon employees for drug abuse violations occurring 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 writing 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 criminal drug statute for a violation occurring in the workplace no later than five(5)days after such conviction. (5) Notify the Contracting Officer in writing 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)(6) of thls 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 appropriate personnel action against such employee, up to and including termination; and/or (B) Require such employee to satisfactorily 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. AUTHORIZATION AND CONSENT-RESEARCH, DEVELOPMENT,AND DEMONSTRATION CONTRACTS (17-1.1) (OCT 11)(13PI 97.6.4.1.1) (a) BPA authorizes and consents to all use and manufacture of any invention described in and covered by a United States patent in the performance of this agreement or any subcontract at any tier. (b) The terms of this clause shall apply to subcontracts at any tier whether or not incorporated into such subcontracts. RIGHTS IN DATA-- CREATION OF NEW WORK (17-5,1) (OCT 11)(13PI 17.5A.1.1) (a) Except as otherwise provided herein, the Contractor grants to BPA a fully paid-up, non-exclusive, irrevocable, worldwide, perpetual license to copy, prepare derivative works and perform or display publicly, by or on behalf Cooperative Agreement#59992 Page 13 of BPA, for all the material or subject matter produced under this contract, hereinafter referred to as Work Product. Work Product means recorded information, regardless of form or the media on which it is stored, including any other copyrightable products or materials arising from performance under this contract. (b) Contractor shall defend, at its expense, and hold BPA harmless from any claim or suit brought against BPA alleging that the Work Product furnished hereunder infringes a U.S. patent or copyright,violates trade secrets, rights of privacy, or any libelous or other unlawful matter contained in such Work Product, and shall pay all costs and damages finally awarded, provided Contractor is given prompt written notice of such claim and is given information, reasonable assistance, and sole authority to defend or settle the claim. In the defense of the claim, Contractor shall obtain for BPA the right to continue using the Work Product, replace or modify the Work Product to be noninfringing, or if such remedies are not reasonably available,grant BPA a refund for the work Product and accept its return. The provisions of this clause do not apply to material furnished to the Contractor by BPA and incorporated in the Work Product to which this clause applies. PATENT AND COPYRIGHT INFRINGEMENT NOTICE (17-13) (OCT 11)(BPI 17.6.4.3.1.1) (a) The Recipient shall report to the FAO, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this agreement of which the Recipient has knowledge. (b) In the event of any claim or suit against BPA on account of any alleged patent or copyright infringement arising out of the performance of this agreement or out of the use of any supplies furnished or work or services performed under this agreement, the Recipient shall furnish to BPA, when requested by the FAO, all evidence and information in the Recipient's possession pertaining to such claim or suit. Such evidence and information shall be furnished at the expense of BPA except where the Recipient has agreed to indemnify BPA. (c) The terms of this clause shall apply to subcontracts at any tier whether or not incorporated into such subcontracts. NONDISCLOSURE DURING CONTRACT PERFORMANCE (17-22) (OCT 11)(BPI 17.6.2.1.1) (a) during the term of this contract, Contractor may disclose sensitive, confidential or for official use only information ("Information"), to BPA. Information shall mean any information that is owned or controlled by Contractor and not generally available to the public, including but not limited to performance, sales, financial, contractual and marketing information, and ideas, technical data and concepts. It also includes information of third parties in possession of Contractor that Contractor is obligated to maintain in confidence. Information may be in intangible form, such as unrecorded knowledge, ideas or concepts or information communicated orally or by visual observation, or may be embodied in tangible form, such as a document. The term "document" includes written memoranda, drawings, training materials, specifications, notebook entries, photographs, graphic representations, firmware, computer information or software, information communicated by other electronic or magnetic media, or models. All such Information disclosed in written or tangible form shall be marked in a prominent location to indicate that it is the confidential information of the Contractor. Information which is disclosed verbally or visually shall be followed within ten (10) days by a written description of the Information disclosed and sent to BPA. (b) BPA shall hold Contractor's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. BPA shall give such Information at least such protection as BPA gives its own information and data of the same general type, but in no event less than reasonable protection. BPA shall not use or make copies of the Contractor's Information for any purpose other than as contemplated by the terms of this contract. BPA shall not disclose the Contractor's Information to any person other than those of EPA's employees, agents, consultants, contractors and subcontractors who have a verifiable need to know in connection with this contract or as required pursuant to the Freedom of Information Act (FOIA). BPA shall, by written contract, require each person to whom, or entity to which, it discloses Contractor's Information to give such Information at least such protection Cooperative Agreement#59992 Page 14 as BPA itself is required to give such Information under this contract. BPA's confidentiality obligations hereunder shall not apply to any portion of Contractor's Information which: (1) has become a matter of public knowledge other than through an act or omission of the BPA; (2) has been made known to BPA by a third party in accordance with such third party's legal rights without any restriction on disclosure; (3) was in the possession of BPA prior to the disclosure of such Information by the Contractor and was not acquired directiy or indirectly from the other party or any person or entity in a relationship of trust and confidence with the other party with respect to such Information; (4) BPA is required by law to disclose,or is subject to FOIA; (5) has been independently developed by BPA from information not defined as "information" in this contract; or (6) is subject to disclosure pursuant to the Freedom of Information Act(FOIA). (c) BPA shall return or destroy at the Contractor's direction, all Information (including all copies thereof) to the Contractor promptly upon the earliest of any termination of this contract or the Contractor's written request. Cooperative Agreement 959992 Page 15 UNIT 2 - PROJECT DESCRIPTION 1. GOAL AND SCOPE OF THIS AGREEMENT This proposal is submitted in response to Topic & Demand Response Emerging Technologies in the Funding Opportunity Announcement No. 2013 issued by the Bonneville Power Administration (BPA) for Technology Innovation(TI)R&D Projects. The City of Port Angeles (City) is actively involved in upgrading its electric utility to an advanced metering infrastructure (AMI) system with smart meters capable of incorporating rate designs to mimic BPA's wholesale power Tiered Rate Methodology (TRIM). As part of the AMI upgrade, the City is interested in developing and implementing a secondary infrastructure for Automated Demand Response (ADR) within its service territory. ADR, combined with the AMI, will provide the City with a dynamic energy management system capable of both load decreases (INCs) and load increases (DECs). The goal of this project is to demonstrate the ability of BPA, the City and referenced City customers to work in an "operator-to-operator" DR market for INCs and DECs in order to meet the following objectives: • Reduce or shift the City's peak demand • Provide regional balancing reserves • Delay or eliminate regional transmission system upgrades • Determine the market values for INCs and DECs required for developing a commercial ancillary services market using non-generation assets. 2. BACKGROUND The City is located on the Olympic Peninsula in Washington State, an ideal location for DR technologies because the peninsula is presently served by a capacity-constrained, single-feed radial transmission system. The area has experienced significant population growth and it is projected that power transmission capacity in the region may be inadequate to supply demand during extremely cold winter conditions. The development of wide-scale DR options have the potential to benefit the City and the region in avoiding costly transmission upgrades and lowering wholesale power supply costs. This project is responsive to Topic 8: Demand Response Emerging Technologies. The objective of the proposed project is to demonstrate the commercial application of a market for dispatchable demand response (DR)by both the City and the BPA. This project will also investigate the possibility and effectiveness of the City acting as a DR aggregator for the BPA. It will answer practical questions related to moving these technology demonstrations closer to real market applications based upon price signals. The City worked with the BPA, Nippon Paper Industries USA, Ltd. (Nippon) Catalyst Energy Technologies (Catalyst) and six other customers to develop DR assets under the Commercial and Industrial Demand Response Pilot Project (C&I DR Pilot). This pilot was concluded at the end of FY2012, meaning Nippon and Catalyst may have the full capabilities to respond to an INC or DEC request from the BPA or the City. The project under Topic 8 would take the pilot demonstration one step further by offering a true market incentive payment in a commercial market demonstration. It is anticipated, following the completion of this project, the BPA could potentially move forward in offering a scalable commercial INC or DEC product throughout the region. This project includes commercially-available technology of interest to BPA under Topic 8, industrial processes. This project will provide the data necessary to assess the feasibility and scalability of deploying this technology throughout the region. The BPA is looking for innovation of emerging DR technologies to solve operational challenges, including the operational reserve and capacity constraints caused by increased wind generation and transmission expansion challenges. This project promotes the use of dispatchable DR within 10 minutes in order to increase or decrease regional loads and to maintain regional grid stability. This project addresses the goals of Topic 8, in that the loads are dispatchable by the City(given 24 hour notice) and by the BPA(given 10 minute notice), and the loads are available year round. The costs associated with these loads will be compared to using pumped storage or an existing or new combustion turbine to determine cost- effectiveness.This proposal will measure, verify and evaluate the loads to determine the potential of dispatchable DR to shift the utility peak, balance reserves and deferred transmission investment. The City is aware this project is ambitious in its nature, and will require significant negotiation to determine the exact scope that will benefit the BPA, the City and the two participating customers. However,the City is excited by Cooperative Agreement 459992 Page 16 the opportunity to develop this demand market and take it one step closer to becoming commercially available and scalable product offered on a regional basis. From the City's perspective, the goal of this project is also to determine if the City should (1) operate as a local aggregator, (2) utilize a third-party as the aggregator, or (3) forego operation in the demand market, 3. LOCATION OF PROJECT All of the proposed project locations are located within the city limits of Port Angeles. 4. BPA-FURNISHED PROPERTY, INFORMATION OR SERVICES The proposed project will not require any increase in BPA furnished property or services. The level of effort the BPA would be required to provide to the project will be continued provision of the Alstom's UISOL DRBizNet© communication platform (DRBizNet©), supply of meter data from the Industrial Transmission line at the BPA Port Angeles Substation, and the in-kind contribution of some of its staff that are currently working on the C&I DR Pilot. 5. RECIPIENT-FURNISHED PROPERTY OR SERVICES Recipient-furnished property or services include the facilities and staff of the participants that were developed under the C&I Pilot. The City will more fully develop additional DR assets, such as integrating Rainey Well municipal water pumping facility into a DEC control strategy that would Increase its operation during periods of high winds and high water. 6. DEFINITIONS AND ACRONYMS No new terms or acronyms are used within the project description. 7. DOCUMENTATION The technical specifications and standards to be used by this proposal are the same as used by the BPA and City on the C&I DR Pilot, 8. GENERAL REQUIREMENTS The City is actively involved in upgrading its electric utility to an AMI system with smart meters capable of incorporating rate designs to mimic BPA's wholesale power TRM, As part of the AMI upgrade, the City is interested in developing and implementing a secondary infrastructure for ADR within its service territory. ADR, combined with the AMI, will provide the City with a dynamic energy management system capable of both INCs and DECs, If this project is selected for funding, the City will work with the BPA to create and analyze an internal and external "operator-to-operator"demonstration market for INCs at an industrial location, as an initial step, and potentially for DECs as well, The goal is to move the individual projects developed under the C&I DR Pilot logically towards a real-time DR market by working out many of the unresolved C&I DR Pilot institutional issues, The City proposes to begin development of a demonstration market with an initial customer, Nippon Paper, and will evaluate other customers and loads to bring into the market over time. The initial anticipated participant, Nippon Paper has the following characteristics: • Nippon has a 15- MW industrial load currently connected to DRBizNet© and is available for dispatch by BPA given short notice or 24 hours notice by the City. Nippon can achieve dispatch of an INC in the 10 minute timoframe required by this FOA, however, the DEC currently requires approximately 20-30 minutes. As will be further discussed, {Nippon has the ability to create new electric loads that may increase its DEC capabilities to around 70-MW. The goal of this project is to demonstrate the ability of BPA, the City and the two referenced City customers to operate a DR market for WCs in order to meet the fallowing objectives: • Reduce or shift the City's peak demand • Provide regional balancing reserves • Delay or eliminate regional transmission system upgrades • Determine the market values for INCs that are required for developing a commercial ancillary services market using non-generation assets. The commercial demonstration of the INC market will set an Aggregator's capacity payment and/or purchase price (e.g., $5.00/kW/month for INC). This project will analyze the effectiveness of the price signals, measure and Cooperative Agreement#59992 Page 17 evaluate the dispatchable performance of these loads, and evaluate the communication protocol developed for this project. 9. METHODS TO BE USED The methods to be used will follow a similar process to the C&I Pilot. 10. SPECIFIC REQUIREMENTS A. Objective The purpose of the proposed project is to develop a demonstration market for INCs and DECs for commercial and industrial customers. The following tasks accomplish this goal on a pilot scale that can easily be expanded to other utilities throughout the region. B. Tasks Task 1—Administration The City will provide the overall coordination of the demonstration market. In cooperation with the BPA, the City will administer the day to day tasks, including the following: ■ Manage the communication protocols in cooperation with the participants and BPA Administer billing and incentive payments to participants Compile metering data for the evaluation task Task 2—Develop Demonstration Market For this task, the City will work with the initial participating customer to develop a menu of times and their INC capabilities. Next, the City will work with the BPA to set a price for each of the possible transactions in the different periods. The City, Nippon and the BPA are currently negotiating a project aimed at demonstrating the dispatchable capabilities of Nippon's industrial processes. Nippon has full capabilities for responding to INC or DEC requests. Initially,the Demonstration will focus on [NCs, but will leave open the option to evaluate testing DECs as well. It is expected this market will be fully automated once the parameters have been established. Some of the key questions to be addressed include: ■ What amounts of INCs are available and what times of the day(or week)? ■ What are the values for the specific INC transactions? ■ Are there diurnal and seasonal variances in DR values? ■ How many calls for INCs might participants expect from the BPA? Depending on frequency, participant fatigue might occur if price signals are not adequately aligned. ■ What are the best ways to automate the specific events to optimize the value streams between the BPA and participants? The project proposed under the Topic 8 will provide additional measurement and verification of the impacts of the load INC sand price signal impacts in an operational market situation, as described in Task 5, At the conclusion of the task,the project team will have created and validated a Demonstration Market Plan (Plan) across entities-City of Port Angeles, BPA, and load participants. The Plan will include among other items: • Answers to questions shown in task 2 • A description of load flexibility characteristics for participating loads • Incentive/Payment structure and amount • The Cost-share approach from the City of Port Angeles Cooperative Agreement#59992 Page 18 Task 3—Nippon Testing In order to achieve 15-MW INC, the Nippon plant will need to change operational conditions of the refiner lines, which are the major loads in the pulping plant. The mill pulping loads are located in two main refiner lines that each run at a nominal 15-MW. Nippon's normal refiner line operating schedule is designed to minimize operation during the BPA HLH period. A change in the refiner line operating schedule in response to an INC request from BPA could result in increased operation during the BPA HLH period resulting in a higher power bill for the City and subsequently Nippon. Therefore, duration, timing, and frequency of large (>5MW) DR events during this project are subject to negotiation between the City and the BPA. If continued to be made available by the BPA, this project will use Alstom's DRBizNet© communication platform, with e-terra Control software to integrate DRBizNet with the remote utility and customer digital control system (DCS) systems. The integration of e-terraControl software will allow DRBizNet to interface with these remote utility and customer systems, and extract and transfer data so that it is available for presentation within the DRBizNet platform. This solution also provides a PAST DR 'push' function to communicate DR instructions in real-time from the DRBizNet user's control platform. The communication equipment and protocols are being developed under the C&I Pilot. The City and Nippon have also been integrating information from the City's SCADA system to provide Nippon with information regarding the City's load-shape. Should there be a go-forward, the two partners will work to ensure that the SCADA information is presented on a more real-time basis, so that Nippon will have better data regarding the City's electrical demand at any given moment. Data will be collected over the course of the project to support its objectives, including evaluation, baselining and event measurement. Nippon may also increase future INC and/or DEC capacity by adding additional pulp storage tanks, which would help ensure that that added load at the mill can be assimilated in a productive manner. Similarly, Nippon also may also increase DR capacity through the replacement of their current electric boiler with a new electric boiler. The current boiler is simply not capable of responding to a DEC within the stated 10-minute interval desired by the BPA. A new electric boiler could, and Nippon has the option of replacing the old one with a new one having similar capacity (7 MW) or could add a new boiler having up to a 30 MW capacity in the same footprint as the small unit. These two additions are essentially"shovel-ready", and could be ready within a 12-18 month period. Overall,these additions could create a maximum DEC capacity of 70 MW at Nippon. Depending upon the interest of the BPA, the City and Nippon could work towards assessing these new assets to develop a supply curve to potentially maximize DEC capability. Task 4—Additional Participating Loads In its role as an aggregator, the City of Port Angeles may opt to invite additional entities within its service area to participate in the Demonstration market, including those entities that are already demand response enabled. Any additional participants would participate in the projected demonstration market testing scheduled to begin in October 2013. Task 5—Measurement and Verification Nippon Load profile data for the two main refiner lines at Nippon is currently collected by Nippon's Plant Information (PI) system and is currently sent to a dedicated Alstom's DRBizNet©server. The load profile data used at DRBizNet provides robust load reduction metering data. Operating conditions for the refiner motors are variable and are dependent on the production requirements at Nippon. Continuous load profile data from the PI will be used to establish the real time (within minutes) operating conditions of the refiners. The amount of the INC or DEC will be calculated based on the delta in real time conditions recorded by the refiner motor meters. For the day-ahead notice, the baseline will be the historical hourly average energy use of the refiner motors.The amount of the INC for a specific event will be based upon an agreed upon baseline methodology. Cooperative Agreement##59992 Page 19 Additional Participating Loads The City will work with any additional participants on a metering (and/or submetering) and a data collection approach that leverages existing infrastructure if appropriate, and that balances accuracy and cost considerations. Analysis Additional analysis may include a cost-benefit analysis to determine an appropriate market value of the demand product.The goal of this project is to show the benefit to BPA,the City and the region of a market for INC demand products and to develop this market into a commercial application. In addition, this project will demonstrate this product is replicable throughout the region. Task 5—Transfer of"Lessons Learned"to other BPA Customers Regardless of project outcome, the City has proven to be a willing partner with the BPA in transferring the "lessons learned"from its DR experiences throughout the region with other BPA customers and those raving an interest in DR.While the exact nature of this information transfer is yet to be determined,the City has participated in BPA-sponsored conferences and "cross-shares", as well as in other forums such as the Pacific Northwest Demand Response Project that is organized by the Regulatory Assistance Project and the NW Power and Conservation Council. C. Project Management Protocols Communications Plan Communication between the City of Port Angeles staff and its team members will begin with a kickoff meeting to discuss the scope of work and stage gate deadlines. Communication will continue throughout the project with phone conferences twice a month. Email will be the main mode of day-to-day communication and data transfer. The project team will communicate with BPA via monthly status reports and project phone conferences. Contingency Plan There are three distinct components of the project(Nippon, The Landing, The City) and while it is possible for any one of these to have major problems, it is unlikely that they would all fail at the same time. Therefore, one aspect of contingency would be to scale the project back to the components that are working well. Also, if one area fails, effort would be undertaken to find a replacement project if possible. Cooperative Agreement 459992 Page 20 Stage Gates There are five Stage Gates identified in this project: ■ Stage Gate 1 — Presentation to the BPA TI Council in FYI on Preliminary Work ■ Stage Gate 2—Final Demonstration Market Established ■ Stage Gate 3—Initial Testing of City Facilities ■ Stage Gate 4— Review of Data Being Collected, Establish M&V Protocol ■ Stage Gate 5— Presentation to the BPA TI Council in FY14 Project Timeline Project'Tifneljne Q1 02 Q3 Q4 Q5 06 Q7 Q8 Objectives Oct- Jan- Apr- Jul- Oct- Jan- Apr- Jul- Dec Mar Jun Sep Dec Mar Jun Sep '12 '13 '13 '13 113 '14 '14 '14 Task 1:Administration Task 2: Develop Demonstration Market t i � Task 3: Nippon Testing i Readiness j --Der onstraticin Market Task 4: Additional Participating Loads Readi ` i I Task 5: Measurement and Verification Task 6: Transfer of"Lessons Learned" Nis Stage Gate ■ Task 2, Stage Gate 1 —Presentation to the BPA TI Council in FYI on Preliminary Work ■ Task 2, Stage Gate 2—Final Demonstration Market Established ■ Task 5, Stage Gate 4—Review of Data Being Collected, Establish M&V Protocol ■ Task 6. Stage Gate 5—Presentation to the BPA TI Council in FY14 Cooperative Agreement#59992 Page 21 Technology Transfer Task 6 covers the transfer of information to other BPA utilities, D. Deliverables The deliverables for this project include several research summary and evaluation reports: ■ Monthly progress reports ■ Description of the Demonstration Market ■ Preliminary Evaluation Report ■ Final Evaluation Report E. Time Schedule The overall project will require 2 years to complete. This project will begin October 1, 2012 and end September 30,2014. Cooperative Agreement#59992 page 22 UNIT 3 -- BUDGET Cost Share Table Third Party Third Cost PROJECT Cost Share Requested Applicant's Share Total BPA Share BPA Cost Share Contribution Project YEAR Contribution Contribution Contribution -in Cost Cash KindMaiver FY 2013 $12,780 $39,810 $40,000 $0 $92,590 13.80% *FY 2014 $402,463 $41,050 $0 $402,463 $845,976 47.57% TOTAL $415,243 $80,860 $40,000 $402,463 $938,566 44.24% *BPA's FY14 contribution will be wholly covered under separate agreement between BPA and CoPA for energy capacity and incentive payments. No FY14 funds are obligated under this award. Detailed Budget(All Years) Time Capacity/* Sub. Other CoPA SPA Period Personnel Fringe Travel Incentives Supplies contracts Direct Share Share Project Costs Total Oct. 12- Sept, 13 $19,976 $5,993 $2,591 $0 $1,250 $12,780 $50,000 $79,810 $12,780 $92,590 Oct. 13- Se t. 14 $28,622 $8,587 $2,591 $804,926 $1,250 $0 $0 $443,513 $402,463 $845,976 TOTAL $48,598 $14,580 $5,182 $804,926 $2,500 $12,780 $50,000 $523,323 $415,243 $938,566 *Capacity and Incentive budget is noted for reference only. No payments for these services will be provided under agreement 59992. BPA's obligation under this agreement for FY13 is$12,780 and$0 for FY14. Cooperative Agreement#59992 Page 23