Common use of Agreed Upon Procedures Clause in Contracts

Agreed Upon Procedures. The purpose of performing the agreed upon procedures is to ensure and confirm the information submitted by the Seller in the Economic Benefits Report is accurate and falls within the categories of Eligible Economic Benefits described above. Inquire of the Seller whether each Claimed Expense is related to the development, construction, operation and/or maintenance of the Selected Project. From the Seller’s Economic Benefits Report, if sampling is used, select an appropriate sample for detailed testing of underlying transactions in accordance with the sampling methodology noted above. Disclose the population as well as the sample size for each category in the AUPR. For Seller’s or its Affiliates’ labor-related expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliates’ payroll records (e.g., payroll journals, W-2 forms, or benefits invoices) and determine: The name of the employer/purchaser is the Seller or an affiliate; The work was performed in New York State or the employer has certified that the employee is covered by a Project Labor Agreement approved by NYSERDA pursuant to Section 18.11 of this Agreement; Expenditure amounts agree to the payroll records and/or other supporting acceptable documentation; The payment was for services rendered during the time period described in this Exhibit I; Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates (which may include payroll journal, general ledger, cancelled checks, etc.); and Expenditure is listed under the proper category. For Seller’s in-state purchases of goods and services: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliates’ supporting documentation accompanying the Economic Benefits Reports and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; Payment is associated with goods, services, equipment, materials, operations and/or maintenance expenses; The vendor is a New York State Firm; and Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates (which may include cash disbursements journal, payroll journal, general ledger, cancelled checks, etc.). Inspect records supporting in-house equipment expenditures and obtain copy of letter provided by the Seller (or its affiliate(s)) or General Contractor attesting to the accuracy of the expenditures reported for in-house equipment use. For Long-term capital investments by Seller and/or its Affiliates in offshore wind-enabling supply chain, infrastructure, workforce development and research and development initiatives in the state that are intended to have an enduring impact on the offshore wind industry and the New York State economy and/or investments not covered by (c) or (d) above: Compare each Claimed Expense to Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate or General Contractor) made the expenditure and/or investment; Expenditure/investment amounts agree to the supporting acceptable documentation; The payment was made during the time period specified in this Exhibit I; and The payee or investment is in New York, or the expenditure and/or investment was made for an above-described purpose for the benefit of New York (including the establishment of a fund accessible by New York residents or entities, or for a purpose to benefit New York). For other expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement or other documentation; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; The expenditure is an Eligible Economic Benefit as described above; The payee is a New York State Firm, a New York State municipality, or other counterparty as described above; and Expenditure agrees to the relevant provided financial records (which may include cash disbursements journal, payroll journal, general xxxxxx, cancelled checks, etc.). EXHIBIT J PROJECT LABOR AGREEMENT REQUIREMENTS The final form of PLA presented to NYSERDA for review and approval pursuant to Section 18.11 of this Agreement should address: Provisions that appropriately limit applicability of the PLA to United States-based (including Federal waters) covered work on the Selected Project (and not extending to any other work performed by contractors and subcontractors, or to the work of their affiliated entities), ensuring that Selected Project contractors or subcontractors are not required to become a signatory to any other labor agreement, and appropriately providing for the supremacy of the PLA over any potentially conflicting labor agreements that might otherwise apply to contractors and subcontractors. The PLA must apply to all covered construction and all contractors and subcontractors, of whatever tier, performing construction work on the Selected Project (subject to appropriate exceptions), and the PLA should be available to all contractors and subcontractors, of whatever tier, regardless of their union affiliation; Provisions for appropriate union recognition and security (limited to Selected Project work) and the referral of skilled craft workers, including provisions for staffing in the event qualified referrals are not reasonably available and for the reasonable use of a number of core employees by contractors and subcontractors (regardless of union affiliation and referral practices that might otherwise exist); Comprehensive labor harmony provisions to ensure against schedule disruption as a result of worksite disputes or other labor disputes of any kind; Comprehensive provisions for the resolution of workplace disputes through third party resolution, including provisions for the resolution of jurisdictional disputes (without disruption to the schedule of the Selected Project), and appropriate provisions for labor management cooperation; Appropriate provisions to allow the cost-effective and efficient coordination of multiple trades and contractors and subcontractors (notwithstanding any local labor agreements that might otherwise be applicable to contractors and subcontractors), as well as other appropriate management rights (such as appropriate provisions respecting specialty work and/or workers; adequately ensuring the contractors’ or subcontractors’ choice of materials, techniques, methods, technology or design, or, regardless of source or location; use and installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-finished, or pre-assembled materials, tools, or other labor-saving devices; the installation or use of materials, supplies or equipment regardless of their source (including as may be required by a vendor and/or to ensure warranty coverage); and to perform off-site work, subject to any restrictions imposed by law); Appropriate provisions promoting minority- or women-owned business enterprise (“MWBE”) employment and service-disabled veteran owned business (“SDVOB”) employment, as well as the employment of low-income workers in New York; Appropriate provisions for the use of apprentices; and Appropriate provisions for rules governing worksite access and conduct. EXHIBIT K Progress Report [DEVELOPER] Date: [March/June/September/December] 1, 20[XX] Dear NYSERDA Offshore Wind Team, [DEVELOPER] (“Seller”) submits this Progress Report pursuant to Section 6.02 of the Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement (“the Agreement”) between the New York State Energy Research and Development Authority (“NYSERDA”) and Seller. Pursuant to Section 21.04 of the Agreement, all information enclosed herein that Seller wishes to protect from disclosure to third parties has been marked “confidential” or “proprietary.” Seller acknowledges that NYSERDA is subject to and must comply with the requirements of New York’s Freedom of Information Law (“FOIL”). See Public Officers’ Law Article 6. I, the undersigned certify that I am an Officer or otherwise authorized representative of Seller, that I am authorized to provide this Progress Report on behalf of Seller and that all statements herein are true and accurate. Seller's Authorized Representative: _____________________________________________________ Representative Title: _____________________________________________________ Representative Signature: _____________________________________________________ Date of Signature: _____________________________________________________ Instructions: Please complete and submit this Progress Report by 5:00 p.m. ET as of the Date referenced above to (1) NYSERDA’s designated Contract Manger via email, and (2) to NYSERDA’s Offshore Wind Contract Management SharePoint Platform via the link: [INSERT LINK] NYSERDA’s Offshore Wind Team will confirm its receipt pending review and approval via email to NYSERDA’s designated Contract Manager. Updates in summary form should be provided to the maximum extent possible in each section. Activities where no update is relevant or where status remains unchanged should be acknowledged as “No Update” in the Summary and the relevant appendix is not required. NYSERDA reserves the right to provide comment and/solicit updates to ensure satisfactory assessment of project progress pursuant to the Agreement. Status of Development and/or Construction Planning or Activities [Insert Update] Please attach an updated project schedule as Appendix A.1 to this report showing the original schedule and a comparison identifying any change in dates. Major supply milestones from Section 4 should be included in the overall project schedule. Please attach an updated financing plan as Appendix A.2 to this report. Please attach an updated hiring summary schedule including New York State hiring as Appendix A.3 to this report. This summary should highlight the number of new jobs created and filled in New York State each quarter. Please attach an updated Site Layout Plan for offshore and onshore project components including links to associated Shape Files as Appendix A.4 to this report. Please attach proof of office establishment (initial) or proof of office continuation (planning activities, lease agreement, lease renewal, number of FTE equivalents hired in quarter) (if applicable) in Appendix A.5 to this report. Please attach an offshore and onshore Construction Progress Report including Site / Installation Photos as Appendix A.6 to this report. Progress in Obtaining All Required Environmental or Other Permits and/or Local Approvals [Insert update]

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

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Agreed Upon Procedures. The purpose of performing the agreed upon procedures is to ensure and confirm the information submitted by the Seller in on the Economic Benefits Report is accurate and falls within the categories of Eligible Economic Benefits described above. Inquire of the Seller whether each Claimed Expense is related to the development, construction, operation and/or maintenance of the Selected Project. From the Seller’s Economic Benefits Report, if sampling is used, select an appropriate sample for detailed testing of underlying transactions in accordance with the sampling methodology noted above. Disclose the population as well as the sample size for each category in the AUPR. For Seller’s or its Affiliatesaffiliates’ labor-related expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliatesaffiliates’ payroll records (e.g., payroll journals, W-2 forms, or benefits invoices) and determine: The name of the employer/purchaser is the Seller or an affiliate; The work was performed in New York State or the employer has certified that the employee is covered by a the Project Labor Agreement approved by NYSERDA pursuant to Section 18.11 of this Agreement; Expenditure amounts agree to the payroll records and/or other supporting acceptable documentation; The payment was for services rendered during the time period described in this Exhibit I; Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates affiliates (which may include payroll journal, general ledger, cancelled checks, etc.); and Expenditure is listed under the proper category. For Seller’s in-state purchases of goods and services: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliatesaffiliates’ supporting documentation accompanying the Economic Benefits Reports and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; Payment is associated with goods, services, equipment, materials, operations and/or maintenance expenses; The vendor is a New York State Firm; and Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates affiliates (which may include cash disbursements journal, payroll journal, general ledger, cancelled checks, etc.). Inspect records supporting in-house equipment expenditures and obtain copy of letter provided by the Seller (or its affiliate(s)) or General Contractor attesting to the accuracy of the expenditures reported for in-house equipment use. For Long-term capital investments by Seller and/or its Affiliates affiliates in offshore wind-enabling supply chain, infrastructure, workforce development and research and development initiatives in the state that are intended to have an enduring impact on the offshore wind industry and the New York State economy and/or investments not covered by (c) or (d) above: Compare each Claimed Expense to Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate or General Contractor) made the expenditure and/or investment; Expenditure/investment amounts agree to the supporting acceptable documentation; The payment was made during the time period specified in this Exhibit I; and The payee or investment is in New York, or the expenditure and/or investment was made for an above-described purpose for the benefit of New York (including the establishment of a fund accessible by New York residents or entities, or for a purpose to benefit New York). For other expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s supporting documentation accompanying the Economic Benefits Report Reports and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement or other documentation; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; The expenditure is an Eligible Economic Benefit as described above; The payee is a New York State Firm, a New York State municipality, or other counterparty as described above; and Expenditure agrees to the relevant provided financial records (which may include cash disbursements journal, payroll journal, general xxxxxx, cancelled checks, etc.). EXHIBIT J PROJECT LABOR AGREEMENT REQUIREMENTS The final form of PLA presented to NYSERDA for review and approval pursuant to Section 18.11 of this Agreement should address: Provisions that appropriately limit applicability of the PLA to United States-based (including Federal waters) covered work on the Selected Project (and not extending to any other work performed by contractors and subcontractors, or to the work of their affiliated entities), ensuring that Selected Project contractors or subcontractors are not required to become a signatory to any other labor agreement, and appropriately providing for the supremacy of the PLA over any potentially conflicting labor agreements that might otherwise apply to contractors and subcontractors. The PLA must apply to all covered construction and all contractors and subcontractors, of whatever tier, performing construction work on the Selected Project (subject to appropriate exceptions), and the PLA should be available to all contractors and subcontractors, of whatever tier, regardless of their union affiliation; Provisions for appropriate union recognition and security (limited to Selected Project work) and the referral of skilled craft workers, including provisions for staffing in the event qualified referrals are not reasonably available and for the reasonable use of a number of core employees by contractors and subcontractors (regardless of union affiliation and referral practices that might otherwise exist); Comprehensive labor harmony provisions to ensure against schedule disruption as a result of worksite disputes or other labor disputes of any kind; Comprehensive provisions for the resolution of workplace disputes through third party resolution, including provisions for the resolution of jurisdictional disputes (without disruption to the schedule of the Selected Project), and appropriate provisions for labor management cooperation; Appropriate provisions to allow the cost-effective and efficient coordination of multiple trades and contractors and subcontractors (notwithstanding any local labor agreements that might otherwise be applicable to contractors and subcontractors), as well as other appropriate management rights (such as appropriate provisions respecting specialty work and/or workers; adequately ensuring the contractors’ or subcontractors’ choice of materials, techniques, methods, technology or design, or, regardless of source or location; use and installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-finished, or pre-assembled materials, tools, or other labor-saving devices; the installation or use of materials, supplies or equipment regardless of their source (including as may be required by a vendor and/or to ensure warranty coverage); and to perform off-site work, subject to any restrictions imposed by law); Appropriate provisions promoting minority- or women-owned business enterprise (“MWBE”) employment and service-disabled veteran owned business (“SDVOB”) employment, as well as the employment of low-income workers in New York; Appropriate provisions for the use of apprentices; and Appropriate provisions for rules governing worksite access and conduct. EXHIBIT K Progress Report [DEVELOPER] Date: [March/June/September/December] 1, 20[XX] Dear NYSERDA Offshore Wind Team, [DEVELOPER] (“Seller”) submits this Progress Report pursuant to Section 6.02 of the Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement (“the Agreement”) between the New York State Energy Research and Development Authority (“NYSERDA”) and Seller. Pursuant to Section 21.04 of the Agreement, all information enclosed herein that Seller wishes to protect from disclosure to third parties has been marked “confidential” or “proprietary.” Seller acknowledges that NYSERDA is subject to and must comply with the requirements of New York’s Freedom of Information Law (“FOIL”). See Public Officers’ Law Article 6. I, the undersigned certify that I am an Officer or otherwise authorized representative of Seller, that I am authorized to provide this Progress Report on behalf of Seller and that all statements herein are true and accurate. Seller's Authorized Representative: _____________________________________________________ Representative Title: _____________________________________________________ Representative Signature: _____________________________________________________ Date of Signature: _____________________________________________________ Instructions: Please complete and submit this Progress Report by 5:00 p.m. ET as of the Date referenced above to (1) NYSERDA’s designated Contract Manger via email, and (2) to NYSERDA’s Offshore Wind Contract Management SharePoint Platform via the link: [INSERT LINK] NYSERDA’s Offshore Wind Team will confirm its receipt pending review and approval via email to NYSERDA’s designated Contract Manager. Updates in summary form should be provided to the maximum extent possible in each section. Activities where no update is relevant or where status remains unchanged should be acknowledged as “No Update” in the Summary and the relevant appendix is not required. NYSERDA reserves the right to provide comment and/solicit updates to ensure satisfactory assessment of project progress pursuant to the Agreement. Status of Development and/or Construction Planning or Activities with Regard to the Project [Insert Update] Please attach an updated project schedule as Appendix A.1 to this report showing the original schedule and a comparison identifying any change in dates. Major supply milestones from Section 4 should be included in the overall project schedulereport. Please attach an updated financing plan as Appendix A.2 to this report. Please attach an updated hiring summary schedule including New York State hiring as Appendix A.3 to this report. This summary should highlight the number of new jobs created and filled in New York State each quarter. Please attach an updated Site Layout Plan for offshore and onshore project components including links to associated Shape Files ShapeFiles as Appendix A.4 to this report. Progress in Obtaining Environmental Permits and/or Local Approvals [Insert update] Please attach proof any Federal and/or State and/or Local permitting/approval applications as filed within the previous quarter as Appendix B.1 to this report. Please attach any completed permits and/or approvals, duly authorized by the relevant Federal and/or State and/or Local authority, as Appendix B.2 to this report. Status of office establishment (initial) the Interconnection Process between the Project and the Administrator of the Control Area [Insert Update] Please attach an updated interconnection plan including updated interconnection study results, cable routing plan, and status of obtaining related permits as Appendix C.1 to this report. Please attach interconnection applications as filed within the previous quarter as Appendix C.2 to this report. Please attach completed interconnection and/or approvals, duly authorized by the relevant authority, as Appendix C.3 to this report. Purchases, Delivery, and/or Installation of any Major Equipment Associated with the Project [Insert Update] Please attach executed supply agreements and purchase orders or proof of office continuation (planning activities, lease agreement, lease renewal, number of FTE equivalents hired in quarter) (if applicable) in summaries thereof issued for goods and services within the previous quarter as Appendix A.5 D.1 to this report. Please attach an offshore updated summary of activities undertaken to support compliance with the New York Supplier Opportunity (see Agreements, Exhibit D and onshore Construction Progress Report Exhibit I) including Site / Installation Photos notice of any New York State contractors and any M/WBEs engaged by the Project as Appendix A.6 D.2 to this report. Progress in Obtaining All Required Environmental or Other Permits and/or Local Approvals Please attach a summary of upcoming activities anticipated to support compliance with the New York Supplier Opportunity (see Agreements, Exhibit D and Exhibit I) as Appendix D.3 to this report. Activities Undertaken pursuant to Project Community Outreach Plan, including Upcoming Meetings and Known Outreach Activities for the Next Quarter [Insert updateUpdate] Please attach a list of completed meetings, outreach activities, and outcomes including Consultations with NYS Agencies and Technical Working Group (TWG) Participation for the previous quarter including outcomes as Appendix E.1 to this report. Please attach a list of upcoming meetings, outreach activities, and outcomes including Consultations with NYS Agencies and TWG Participation for the next quarter as Appendix E.2 to this report. Status of Seller’s activities associated with the New York State Supplier Opportunity [Insert Update]

Appears in 1 contract

Samples: Purchase and Sale Agreement

Agreed Upon Procedures. The purpose of performing the agreed upon procedures is to ensure and confirm the information submitted by the Seller in on the Economic Benefits Report is accurate and falls within the categories of Eligible Economic Benefits described above. Inquire of the Seller whether each Claimed Expense is related to the development, construction, operation and/or maintenance of the Selected Project. From the Seller’s Economic Benefits Report, if sampling is used, select an appropriate sample for detailed testing of underlying transactions in accordance with the sampling methodology noted above. Disclose the population as well as the sample size for each category in the AUPR. For Seller’s or its Affiliatesaffiliates’ labor-related expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliatesaffiliates’ payroll records (e.g., payroll journals, W-2 forms, or benefits invoices) and determine: The name of the employer/purchaser is the Seller or an affiliate; The work was performed in New York State or the employer has certified that the employee is covered by a the Project Labor Agreement approved by NYSERDA pursuant to Section 18.11 of this Agreement; Expenditure amounts agree to the payroll records and/or other supporting acceptable documentation; The payment was for services rendered during the time period described in this Exhibit I; Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates affiliates (which may include payroll journal, general ledger, cancelled checks, etc.); and Expenditure is listed under the proper category. For Seller’s in-state purchases of goods and services: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliatesaffiliates’ supporting documentation accompanying the Economic Benefits Reports and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; Payment is associated with goods, services, equipment, materials, operations and/or maintenance expenses; The vendor is a New York State Firm; and Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates affiliates (which may include cash disbursements journal, payroll journal, general ledger, cancelled checks, etc.). Inspect records supporting in-house equipment expenditures and obtain copy of letter provided by the Seller (or its affiliate(s)) or General Contractor attesting to the accuracy of the expenditures reported for in-house equipment use. For Long-term capital investments by Seller and/or its Affiliates affiliates in offshore wind-enabling supply chain, infrastructure, workforce development and research and development initiatives in the state that are intended to have an enduring impact on the offshore wind industry and the New York State economy and/or investments not covered by (c) or (d) above: Compare each Claimed Expense to Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate or General Contractor) made the expenditure and/or investment; Expenditure/investment amounts agree to the supporting acceptable documentation; The payment was made during the time period specified in this Exhibit I; and The payee or investment is in New York, or the expenditure and/or investment was made for an above-described purpose for the benefit of New York (including the establishment of a fund accessible by New York residents or entities, or for a purpose to benefit New York). For other expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s supporting documentation accompanying the Economic Benefits Report Reports and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement or other documentation; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; The expenditure is an Eligible Economic Benefit as described above; The payee is a New York State Firm, a New York State municipality, or other counterparty as described above; and Expenditure agrees to the relevant provided financial records (which may include cash disbursements journal, payroll journal, general xxxxxxledger, cancelled checks, etc.). EXHIBIT J PROJECT LABOR AGREEMENT REQUIREMENTS The final form of PLA presented to NYSERDA for review and approval pursuant to Section 18.11 of this Agreement should address: Provisions that appropriately limit applicability of the PLA to United States-based (including Federal waters) covered work on the Selected Project (and not extending to any other work performed by contractors and subcontractors, or to the work of their affiliated entities), ensuring that Selected Project contractors or subcontractors are not required to become a signatory to any other labor agreement, and appropriately providing for the supremacy of the PLA over any potentially conflicting labor agreements that might otherwise apply to contractors and subcontractors. The PLA must apply to all covered construction and all contractors and subcontractors, of whatever tier, performing construction work on the Selected Project (subject to appropriate exceptions), and the PLA should be available to all contractors and subcontractors, of whatever tier, regardless of their union affiliation; Provisions for appropriate union recognition and security (limited to Selected Project work) and the referral of skilled craft workers, including provisions for staffing in the event qualified referrals are not reasonably available and for the reasonable use of a number of core employees by contractors and subcontractors (regardless of union affiliation and referral practices that might otherwise exist); Comprehensive labor harmony provisions to ensure against schedule disruption as a result of worksite disputes or other labor disputes of any kind; Comprehensive provisions for the resolution of workplace disputes through third party resolution, including provisions for the resolution of jurisdictional disputes (without disruption to the schedule of the Selected Project), and appropriate provisions for labor management cooperation; Appropriate provisions to allow the cost-effective and efficient coordination of multiple trades and contractors and subcontractors (notwithstanding any local labor agreements that might otherwise be applicable to contractors and subcontractors), as well as other appropriate management rights (such as appropriate provisions respecting specialty work and/or workers; adequately ensuring the contractors’ or subcontractors’ choice of materials, techniques, methods, technology or design, or, regardless of source or location; use and installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-finished, or pre-assembled materials, tools, or other labor-saving devices; the installation or use of materials, supplies or equipment regardless of their source (including as may be required by a vendor and/or to ensure warranty coverage); and to perform off-site work, subject to any restrictions imposed by law); Appropriate provisions promoting minority- or women-owned business enterprise (“MWBE”) employment and service-disabled veteran owned business (“SDVOB”) employment, as well as the employment of low-income workers in New York; Appropriate provisions for the use of apprentices; and Appropriate provisions for rules governing worksite access and conduct. EXHIBIT K Progress Report [DEVELOPER] Date: [March/June/September/December] 1, 20[XX] Dear NYSERDA Offshore Wind Team, [DEVELOPER] (“Seller”) submits this Progress Report pursuant to Section 6.02 of the Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement (“the Agreement”) between the New York State Energy Research and Development Authority (“NYSERDA”) and Seller. Pursuant to Section 21.04 of the Agreement, all information enclosed herein that Seller wishes to protect from disclosure to third parties has been marked “confidential” or “proprietary.” Seller acknowledges that NYSERDA is subject to and must comply with the requirements of New York’s Freedom of Information Law (“FOIL”). See Public Officers’ Law Article 6. I, the undersigned certify that I am an Officer or otherwise authorized representative of Seller, that I am authorized to provide this Progress Report on behalf of Seller and that all statements herein are true and accurate. Seller's Authorized Representative: _____________________________________________________ Representative Title: _____________________________________________________ Representative Signature: _____________________________________________________ Date of Signature: _____________________________________________________ Instructions: Please complete and submit this Progress Report by 5:00 p.m. ET as of the Date referenced above to (1) NYSERDA’s designated Contract Manger via email, and (2) to NYSERDA’s Offshore Wind Contract Management SharePoint Platform via the link: [INSERT LINK] NYSERDA’s Offshore Wind Team will confirm its receipt pending review and approval via email to NYSERDA’s designated Contract Manager. Updates in summary form should be provided to the maximum extent possible in each section. Activities where no update is relevant or where status remains unchanged should be acknowledged as “No Update” in the Summary and the relevant appendix is not required. NYSERDA reserves the right to provide comment and/solicit updates to ensure satisfactory assessment of project progress pursuant to the Agreement. Status of Development and/or Construction Planning or Activities with Regard to the Project [Insert Update] Please attach an updated project schedule as Appendix A.1 to this report showing the original schedule and a comparison identifying any change in dates. Major supply milestones from Section 4 should be included in the overall project schedulereport. Please attach an updated financing plan as Appendix A.2 to this report. Please attach an updated hiring summary schedule including New York State hiring as Appendix A.3 to this report. This summary should highlight the number of new jobs created and filled in New York State each quarter. Please attach an updated Site Layout Plan for offshore and onshore project components including links to associated Shape Files ShapeFiles as Appendix A.4 to this report. Progress in Obtaining Environmental Permits and/or Local Approvals [Insert update] Please attach proof any Federal and/or State and/or Local permitting/approval applications as filed within the previous quarter as Appendix B.1 to this report. Please attach any completed permits and/or approvals, duly authorized by the relevant Federal and/or State and/or Local authority, as Appendix B.2 to this report. Status of office establishment (initial) the Interconnection Process between the Project and the Administrator of the Control Area [Insert Update] Please attach an updated interconnection plan including updated interconnection study results, cable routing plan, and status of obtaining related permits as Appendix C.1 to this report. Please attach interconnection applications as filed within the previous quarter as Appendix C.2 to this report. Please attach completed interconnection and/or approvals, duly authorized by the relevant authority, as Appendix C.3 to this report. Purchases, Delivery, and/or Installation of any Major Equipment Associated with the Project [Insert Update] Please attach executed supply agreements and purchase orders or proof of office continuation (planning activities, lease agreement, lease renewal, number of FTE equivalents hired in quarter) (if applicable) in summaries thereof issued for goods and services within the previous quarter as Appendix A.5 D.1 to this report. Please attach an offshore updated summary of activities undertaken to support compliance with the New York Supplier Opportunity (see Agreements, Exhibit D and onshore Construction Progress Report Exhibit I) including Site / Installation Photos notice of any New York State contractors and any M/WBEs engaged by the Project as Appendix A.6 D.2 to this report. Progress in Obtaining All Required Environmental or Other Permits and/or Local Approvals Please attach a summary of upcoming activities anticipated to support compliance with the New York Supplier Opportunity (see Agreements, Exhibit D and Exhibit I) as Appendix D.3 to this report. Activities Undertaken pursuant to Project Community Outreach Plan, including Upcoming Meetings and Known Outreach Activities for the Next Quarter [Insert updateUpdate] Please attach a list of completed meetings, outreach activities, and outcomes including Consultations with NYS Agencies and Technical Working Group (TWG) Participation for the previous quarter including outcomes as Appendix E.1 to this report. Please attach a list of upcoming meetings, outreach activities, and outcomes including Consultations with NYS Agencies and TWG Participation for the next quarter as Appendix E.2 to this report. Status of Seller’s activities associated with the New York State Supplier Opportunity [Insert Update]

Appears in 1 contract

Samples: Sale Agreement

Agreed Upon Procedures. Based on our discussions with you, our procedures will include the following: Collections and Other Cash Receipts We will: Review the Church’s procedures for controls over counting, depositing, and recording collections and other receipts, by performing the procedures below to test whether there are two unrelated counters who sign the count sheets, and that the count sheets are maintained by the counters and that a copy is made and reviewed by a third party who agrees the count sheet to the deposit slips on a monthly basis. In general, the counters should not have access to the accounting system. The collections should be kept in a fire-proof safe until deposited; Randomly select three Sundays and compare count sheets and related documentation to deposit slips, bank statements, and to the general ledger; Compare recording of individual donations for three individuals for each Sunday selected to individual donation records and year-end statements provided to donors; For the three months in which the selected Sundays fall, trace the posting of the entire month’s offerings from the count sheets to the check register, to the general ledger, and to the financial statements; Cash Disbursements We will: Test a sample of 15 disbursements by vouching to supporting invoices and canceled checks, testing for appropriate approvals, check signers, endorsement, and recording in the general ledger; For the selected disbursements in the previous procedure, determine whether check request forms include a place for approval and if check request forms are being used to approve disbursements, if applicable; Cash Balances We will: Review internal controls over the bank reconciliation process to determine that the person who opens the bank statement and reviews cancelled checks does not have access to cash disbursements or check signing authority. Examine the year end bank reconciliation for accuracy and timeliness; Review the year end bank reconciliation for outstanding checks that have been outstanding for over three months. Review the subsequent bank statement and bank reconciliation to determine whether the outstanding check cleared. Inquire with the Church staff regarding the status of the stale dated checks and recommend a stop payment or possible reissuance for checks still considered outstanding; Review system of cash management to determine whether there are excess amounts of cash that have not been invested. Financial Statement Preparation We will: Obtain the 2009 and 2008 financial statements and obtain explanations for large changes between years. Obtain the 2009 budget and obtain explanations for large variances between budgeted amounts and actual amounts on the 2009 financial statements. Read obtained documentation and note apparent errors based on the documentation provided; Review the balance sheet for receivables and/or payables with related parties or employees. Inquire with the Church staff regarding a payment plan for the receivables and/or payables identified; Review documentation that the Church has adopted a budget for the year and that the Church has a budget versus actual comparison as part of their monthly/quarterly financial statements; Review the use of accounting software for appropriateness for the preparation of Church financial statements. This will not include a detailed study of the Church’s accounting software. Construction and Repair Contracts We will: Based on the transactions reviewed in our other procedures and by inquiry of Church staff, determine whether construction and repair contracts in excess of $5,000 were approved by the Diocesan office prior to acceptance by the Church. Endowment / Restricted / Designated Funds For the purpose of performing this section the following definitions apply. Endowment - The invested principal or original contribution is permanently restricted by the donor; Restricted - An amount that is invested and is restricted for a specific purpose by the donor, but the entire amount is able to be spent; Designated - An amount that is invested and is designated for a specific purpose by the Vestry or Xxxxxx'x Committee or an amount that has no donor specific restriction. The entire amount is able to be spent. We will: Select three funds from the endowment, restricted, or designated funds. Verify the purpose and restrictions, if any, by reviewing the documentation establishing the fund through agreements, letters from donors, and inquiry with church staff; Inquire with Church staff regarding designated funds that were established during the year. Obtain documentation for the establishment and nature of the fund. Vouch to the Vestry / Xxxxxx'x Committee minutes; Select three funds for which income distributions were received. Ask to see evidence that the income distributions were used in accordance with applicable restrictions or designations; For endowment funds established during the year, agree original contribution per investment statement to trust or other documents (minutes, correspondence). Agree the balance recorded on the financial statements at the year end to the investment statements. If the original contributions are more than the balance, inquire about the reasons. Discretionary Fund We will: Obtain a copy of the deposit slip from each clergy discretionary fund to determine that the account is in the name of the Church and inquire of the Church staff whether the account is under the federal identification number of the Church; Determine that an audit was performed and that written documentation of the audit is available. Tax Returns We will: Determine the applicability of Hawaii general excise tax for cash receipts and if general excise tax returns are being prepared accurately and timely filed; Review one quarterly federal Form 941 (quarterly federal payroll tax return) for accuracy and timeliness based on underlying payroll records and disbursements, and the corresponding Hawaii state withholding and unemployment filing for 2009. Reconcile Forms 941 to the totals for Forms W-2 and W-3 for 2009; Test for proper tax reporting for pastor’s compensation, housing, auto, utility, and other allowances by inquiry of staff and scanning of financial statements and payroll documents to determine whether applicable payments to clergy are included on their W-2; Inquire whether the Vestry or Xxxxxx’x Committee reviews W-2 and W-3 forms; Inquire whether the Church paid any person $600 or more for services rendered, and whether Form 1099-Misc was issued and filed before March 1. Letter of Agreement and Mutual Ministry Review We will: Inquire whether a Letter of Agreement was signed between the priest and the Vestry; Inquire whether a mutual ministry review was performed in either of the last 2 years and the date of the last review. Minutes of Vestry We will: Review the minutes of the Vestry for 2009, and ensure that significant financial activities encountered in other procedures were reflected in the minutes. Sexual Misconduct and Prevention Policy We will: Obtain a list of all clergy, vestry members, volunteers who regularly supervise youth activities, and all employees. Ask for signed statements to ensure that each party has received the sexual misconduct and prevention policy manual and understands its contents, or documentation that trainings on issues of child abuse in church settings were conducted; For two employees, confirm with the Diocese that background checks were performed and training completed on issues of child abuse in church settings and sexual harassment in employment; Inquiry with Church staff whether the clergy would refer an individual to professional counseling after six sessions. You agree that the sufficiency of the above named procedures is solely the responsibility of The Episcopal Church in Hawaii. Performance of certain agreed upon procedures does not constitute an audit of the financial statements of the various Missions listed above in accordance with auditing standards generally accepted in the United States of America. Our report will include a description of the performed procedures, our findings, and any recommendations for improvement. In order to keep down the costs of the agreed upon procedures is to ensure and confirm the information submitted by the Seller in the Economic Benefits Report is accurate and falls within the categories of Eligible Economic Benefits described above. Inquire of the Seller whether each Claimed Expense is related to the developmentprocedures, construction, operation and/or maintenance of the Selected Project. From the Seller’s Economic Benefits Report, if sampling is used, select an appropriate sample for detailed testing of underlying transactions in accordance with the sampling methodology noted above. Disclose the population as well as the sample size for each category in the AUPR. For Seller’s or its Affiliates’ labor-related expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliates’ payroll records (e.g., payroll journals, W-2 forms, or benefits invoices) and determine: The name of the employer/purchaser is the Seller or an affiliate; The work was performed in New York State or the employer has certified we understand that the employee is covered by a Project Labor Agreement approved by NYSERDA pursuant to Section 18.11 of this Agreement; Expenditure amounts agree to the payroll records and/or other supporting acceptable documentation; The payment was for services rendered during the time period described in this Exhibit I; Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates (which may include payroll journal, general ledger, cancelled checks, etc.); and Expenditure is listed under the proper category. For Seller’s in-state purchases of goods and services: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliates’ supporting documentation accompanying the Economic Benefits Reports and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; Payment is associated with goods, services, equipment, materials, operations and/or maintenance expenses; The vendor is a New York State Firm; and Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates (which may include cash disbursements journal, payroll journal, general ledger, cancelled checks, etc.). Inspect records supporting in-house equipment expenditures and obtain copy of letter provided by the Seller (or its affiliate(s)) or General Contractor attesting to the accuracy of the expenditures reported for in-house equipment use. For Long-term capital investments by Seller and/or its Affiliates in offshore wind-enabling supply chain, infrastructure, workforce development and research and development initiatives in the state that are intended to have an enduring impact on the offshore wind industry and the New York State economy and/or investments not covered by (c) or (d) above: Compare each Claimed Expense to Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate or General Contractor) made the expenditure and/or investment; Expenditure/investment amounts agree to the supporting acceptable documentation; The payment was made during the time period specified in this Exhibit I; and The payee or investment is in New York, or the expenditure and/or investment was made for an above-described purpose for the benefit of New York (including the establishment of a fund accessible by New York residents or entities, or for a purpose to benefit New York). For other expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement or other documentation; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; The expenditure is an Eligible Economic Benefit as described above; The payee is a New York State Firm, a New York State municipality, or other counterparty as described above; and Expenditure agrees to the relevant provided financial records (which may include cash disbursements journal, payroll journal, general xxxxxx, cancelled checks, etc.). EXHIBIT J PROJECT LABOR AGREEMENT REQUIREMENTS The final form of PLA presented to NYSERDA for review and approval pursuant to Section 18.11 of this Agreement should address: Provisions that appropriately limit applicability of the PLA to United States-based (including Federal waters) covered work on the Selected Project (and not extending to any other work performed by contractors and subcontractors, or to the work of their affiliated entities), ensuring that Selected Project contractors or subcontractors are not required to become a signatory to any other labor agreement, and appropriately providing for the supremacy of the PLA over any potentially conflicting labor agreements that might otherwise apply to contractors and subcontractors. The PLA must apply to all covered construction and all contractors and subcontractors, of whatever tier, performing construction work on the Selected Project (subject to appropriate exceptions), and the PLA should be available to all contractors and subcontractors, of whatever tier, regardless of their union affiliation; Provisions for appropriate union recognition and security (limited to Selected Project work) and the referral of skilled craft workers, including provisions for staffing in the event qualified referrals are not reasonably available and for the reasonable use of a number of core employees by contractors and subcontractors (regardless of union affiliation and referral practices that might otherwise exist); Comprehensive labor harmony provisions to ensure against schedule disruption as a result of worksite disputes or other labor disputes of any kind; Comprehensive provisions for the resolution of workplace disputes through third party resolution, including provisions for the resolution of jurisdictional disputes (without disruption to the schedule of the Selected Project), and appropriate provisions for labor management cooperation; Appropriate provisions to allow the cost-effective and efficient coordination of multiple trades and contractors and subcontractors (notwithstanding any local labor agreements that might otherwise be applicable to contractors and subcontractors), as well as other appropriate management rights (such as appropriate provisions respecting specialty work and/or workers; adequately ensuring the contractors’ or subcontractors’ choice of materials, techniques, methods, technology or design, or, regardless of source or location; use and installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-finished, or pre-assembled materials, tools, or other labor-saving devices; the installation or use of materials, supplies or equipment regardless of their source (including as may be required by a vendor and/or to ensure warranty coverage); and to perform off-site work, subject to any restrictions imposed by law); Appropriate provisions promoting minority- or women-owned business enterprise (“MWBE”) employment and service-disabled veteran owned business (“SDVOB”) employment, as well as the employment of low-income workers in New York; Appropriate provisions for the use of apprentices; and Appropriate provisions for rules governing worksite access and conduct. EXHIBIT K Progress Report [DEVELOPER] Date: [March/June/September/December] 1, 20[XX] Dear NYSERDA Offshore Wind Team, [DEVELOPER] (“Seller”) submits this Progress Report pursuant to Section 6.02 of the Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement (“the Agreement”) between the New York State Energy Research and Development Authority (“NYSERDA”) and Seller. Pursuant to Section 21.04 of the Agreement, all information enclosed herein that Seller wishes to protect from disclosure to third parties has been marked “confidential” or “proprietary.” Seller acknowledges that NYSERDA is subject to and must comply with the requirements of New York’s Freedom of Information Law (“FOIL”). See Public Officers’ Law Article 6. I, the undersigned certify that I am an Officer or otherwise authorized representative of Seller, that I am authorized to provide this Progress Report on behalf of Seller and that all statements herein are true and accurate. Seller's Authorized Representative: _____________________________________________________ Representative Title: _____________________________________________________ Representative Signature: _____________________________________________________ Date of Signature: _____________________________________________________ Instructions: Please complete and submit this Progress Report by 5:00 p.m. ET as of the Date referenced above to (1) NYSERDA’s designated Contract Manger via email, and (2) to NYSERDA’s Offshore Wind Contract Management SharePoint Platform via the link: [INSERT LINK] NYSERDA’s Offshore Wind Team will confirm its receipt pending review and approval via email to NYSERDA’s designated Contract Manager. Updates in summary form should be provided to the maximum extent possible in each section. Activities where no update is relevant or where status remains unchanged should be acknowledged as “No Update” in the Summary and the relevant appendix is not required. NYSERDA reserves the right to provide comment and/solicit updates to ensure satisfactory assessment of project progress pursuant to the Agreement. Status of Development and/or Construction Planning or Activities [Insert Update] Please attach an updated project schedule as Appendix A.1 to this report showing the original schedule and a comparison identifying any change in dates. Major supply milestones from Section 4 should be included in the overall project schedule. Please attach an updated financing plan as Appendix A.2 to this report. Please attach an updated hiring summary schedule including New York State hiring as Appendix A.3 to this report. This summary should highlight the number of new jobs created and filled in New York State each quarter. Please attach an updated Site Layout Plan for offshore and onshore project components including links to associated Shape Files as Appendix A.4 to this report. Please attach proof of office establishment (initial) or proof of office continuation (planning activities, lease agreement, lease renewal, number of FTE equivalents hired in quarter) (if applicable) in Appendix A.5 to this report. Please attach an offshore and onshore Construction Progress Report including Site / Installation Photos as Appendix A.6 to this report. Progress in Obtaining All Required Environmental or Other Permits and/or Local Approvals [Insert update]your

Appears in 1 contract

Samples: www.episcopalhawaii.org

Agreed Upon Procedures. The purpose of performing the agreed upon procedures is to ensure and confirm the information submitted by the Seller in on the Economic Benefits Report is accurate and falls within the categories of Eligible Economic Benefits described above. Inquire of the Seller whether each Claimed Expense is related to the development, construction, operation and/or maintenance of the Selected Project. From the Seller’s Economic Benefits Report, if sampling is used, select an appropriate sample for detailed testing of underlying transactions in accordance with the sampling methodology noted above. Disclose the population as well as the sample size for each category in the AUPR. For Seller’s or its Affiliatesaffiliates’ labor-related expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliatesaffiliates’ payroll records (e.g., payroll journals, W-2 forms, or benefits invoices) and determine: The name of the employer/purchaser is the Seller or an affiliate; The work was performed in New York State or the employer has certified that the employee is covered by a the Project Labor Agreement approved by NYSERDA pursuant to Section 18.11 of this Agreement; Expenditure amounts agree to the payroll records and/or other supporting acceptable documentation; The payment was for services rendered during the time period described in this Exhibit IF; Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates affiliates (which may include payroll journal, general ledger, cancelled checks, etc.); and Expenditure is listed under the proper category. For Seller’s in-state purchases of goods and services: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliatesaffiliates’ supporting documentation accompanying the Economic Benefits Reports and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit IF; Payment is associated with goods, services, equipment, materials, operations and/or maintenance expenses; The vendor is a New York State Firm; and Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates affiliates (which may include cash disbursements journal, payroll journal, general ledger, cancelled checks, etc.). Inspect records supporting in-house equipment expenditures and obtain copy of letter provided by the Seller (or its affiliate(s)) or General Contractor attesting to the accuracy of the expenditures reported for in-house equipment use. For Long-term capital investments by Seller and/or its Affiliates in offshore wind-enabling supply chain, infrastructure, workforce development and research and development initiatives in the state that are intended to have an enduring impact on the offshore wind industry and the New York State economy and/or investments not covered by (c) or (d) above: Compare each Claimed Expense to Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate or General Contractor) made the expenditure and/or investment; Expenditure/investment amounts agree to the supporting acceptable documentation; The payment was made during the time period specified in this Exhibit I; and The payee or investment is in New York, or the expenditure and/or investment was made for an above-described purpose for the benefit of New York (including the establishment of a fund accessible by New York residents or entities, or for a purpose to benefit New York). For other expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s supporting documentation accompanying the Economic Benefits Report Reports and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement or other documentation; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit IF; The expenditure is an Eligible Economic Benefit as described above; The payee is a New York State Firm, a New York State municipality, or other counterparty as described above; and Expenditure agrees to the relevant provided financial records (which may include cash disbursements journal, payroll journal, general xxxxxxledger, cancelled checks, etc.). EXHIBIT J G PROJECT LABOR AGREEMENT REQUIREMENTS The final form of PLA presented to NYSERDA for review and approval pursuant to Section 18.11 of this Agreement should address: Provisions that appropriately limit applicability of the PLA to United States-based (including Federal waters) covered work on the Selected Project (and not extending to any other work performed by contractors and subcontractors, or to the work of their affiliated entities), ensuring that Selected Project contractors or subcontractors are not required to become a signatory to any other labor agreement, and appropriately providing for the supremacy of the PLA over any potentially conflicting labor agreements that might otherwise apply to contractors and subcontractors. The PLA must apply to all covered construction and all contractors and subcontractors, of whatever tier, performing construction work on the Selected Project (subject to appropriate exceptions), and the PLA should be available to all contractors and subcontractors, of whatever tier, regardless of their union affiliation; Provisions for appropriate union recognition and security (limited to Selected Project work) and the referral of skilled craft workers, including provisions for staffing in the event qualified referrals are not reasonably available and for the reasonable use of a number of core employees by contractors and subcontractors (regardless of union affiliation and referral practices that might otherwise exist); Comprehensive labor harmony provisions to ensure against schedule disruption as a result of worksite disputes or other labor disputes of any kind; Comprehensive provisions for the resolution of workplace disputes through third party resolution, including provisions for the resolution of jurisdictional disputes (without disruption to the schedule of the Selected Project), and appropriate provisions for labor management cooperation; Appropriate provisions to allow the cost-effective and efficient coordination of multiple trades and contractors and subcontractors (notwithstanding any local labor agreements that might otherwise be applicable to contractors and subcontractors), as well as other appropriate management rights (such as appropriate provisions respecting specialty work and/or workers; adequately ensuring the contractors’ or subcontractors’ choice of materials, techniques, methods, technology or design, or, regardless of source or location; use and installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-finished, or pre-assembled materials, tools, or other labor-saving devices; the installation or use of materials, supplies or equipment regardless of their source (including as may be required by a vendor and/or to ensure warranty coverage); and to perform off-site work, subject to any restrictions imposed by law); Appropriate provisions promoting minority- or women-owned business enterprise (“MWBE”) employment and service-disabled veteran owned business (“SDVOB”) employment, as well as the employment of low-income workers in New York; Appropriate provisions for the use of apprentices; and Appropriate provisions for rules governing worksite access and conductconduct EXHIBIT H CALCULATION OF SUPPLIER PRODUCTION FOR GHG BASELINE [Seller and NYSERDA will agree upon a set of auditable procedures for calculating annually the Supplier Production for GHG Baseline, subject to the following conditions: The Supplier Production for GHG Baseline for each Contract Year will be the simple average over the three (3) prior Contract Years of production of Qualified Renewable Energy (in MWh) from generation facilities owned or controlled by Seller that are (i) located in the control area in which the hydroelectric resources that are Resources within the Selected Project are located, (ii) contractually committed to serve load in the control area in which the hydroelectric resources that are Resources within the Selected Project are located, or (iii) located in the NYCA. EXHIBIT K Progress Report [DEVELOPER] Date: [March/June/September/December] 1The data sources and methodology used to calculate annually the production of Qualified Renewable Energy from generation facilities owned or controlled by Seller shall be identified in the final form of this Exhibit H. To ensure consistency over time, 20[XX] Dear NYSERDA Offshore Wind Teamthe data sources and methodology shall, [DEVELOPER] (“Seller”) submits this Progress Report pursuant to Section 6.02 the greatest extent practicable, be identical to the data sources and methodology used to calculate the Supplier GHG Baseline during Step One of the Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement T4RFP-1 solicitation process. With respect to any generation facility that is operational at the time the Supplier Production for GHG Baseline is calculated for a given year, but which has not yet been generating for three (“the Agreement”3) between the New York State Energy Research and Development Authority (“NYSERDA”) and Seller. Pursuant to Section 21.04 of the Agreement, all information enclosed herein that Seller wishes to protect from disclosure to third parties has been marked “confidential” or “proprietary.” Seller acknowledges that NYSERDA is subject to and must comply with the requirements of New York’s Freedom of Information Law (“FOIL”). See Public Officers’ Law Article 6. Icomplete Contract Years, the undersigned certify that I am an Officer or otherwise authorized representative of Seller, that I am authorized to provide this Progress Report on behalf of Seller and that three-year average for such generation facility shall be calculated as the average from all statements herein are true and accurate. Seller's Authorized Representative: _____________________________________________________ Representative Title: _____________________________________________________ Representative Signature: _____________________________________________________ Date of Signature: _____________________________________________________ Instructions: Please prior complete and submit this Progress Report by 5:00 p.m. ET as of the Date referenced above to (1) NYSERDA’s designated Contract Manger via email, and (2) to NYSERDA’s Offshore Wind Contract Management SharePoint Platform via the link: [INSERT LINK] NYSERDA’s Offshore Wind Team will confirm its receipt pending review and approval via email to NYSERDA’s designated Contract Manager. Updates in summary form should be provided to the maximum extent possible in each section. Activities where no update is relevant or where status remains unchanged should be acknowledged as “No Update” in the Summary and the relevant appendix is not required. NYSERDA reserves the right to provide comment and/solicit updates to ensure satisfactory assessment of project progress pursuant to the Agreement. Status of Development and/or Construction Planning or Activities [Insert Update] Please attach an updated project schedule as Appendix A.1 to this report showing the original schedule and a comparison identifying any change in dates. Major supply milestones from Section 4 should be included in the overall project schedule. Please attach an updated financing plan as Appendix A.2 to this report. Please attach an updated hiring summary schedule including New York State hiring as Appendix A.3 to this report. This summary should highlight the number of new jobs created and filled in New York State each quarter. Please attach an updated Site Layout Plan for offshore and onshore project components including links to associated Shape Files as Appendix A.4 to this report. Please attach proof of office establishment (initial) or proof of office continuation (planning activities, lease agreement, lease renewal, number of FTE equivalents hired in quarter) (if applicable) in Appendix A.5 to this report. Please attach an offshore and onshore Construction Progress Report including Site / Installation Photos as Appendix A.6 to this report. Progress in Obtaining All Required Environmental or Other Permits and/or Local Approvals [Insert update]Years since such facility has achieved Commercial Operation.

Appears in 1 contract

Samples: Sale Agreement

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Agreed Upon Procedures. The purpose of performing the agreed upon procedures is to ensure and confirm the information submitted by the Seller in the Economic Benefits Report is accurate and falls within the categories of Eligible Economic Benefits described above. Inquire of the Seller whether each Claimed Expense is related to the development, construction, operation and/or maintenance of the Selected Project. From the Seller’s Economic Benefits Report, if sampling is used, select an appropriate sample for detailed testing of underlying transactions in accordance with the sampling methodology noted above. Disclose the population as well as the sample size for each category in the AUPR. Follow documentation requirements as outlined previously within this Exhibit I in addition to other documentation requirements as outlined further below. For Seller’s or its Affiliates’ or third party labor-related expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliates’ or third party payroll records (e.g., payroll journals, W-2 forms, or benefits invoices) and determine: The name of the employer/purchaser is the Seller or an affiliateAffiliate or third party; The work was performed in New York State or the employer has certified that the employee is covered by a Project Labor Agreement approved by NYSERDA pursuant or Labor Peace Agreement as described and subject to the approval in Section 18.11 and the requirements set forth in 18.12 of this Agreement; Expenditure amounts agree to the payroll records and/or other supporting acceptable documentation; The payment was for services rendered during the time period described in this Exhibit I; Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates or third party (which may include payroll journal, general ledger, cancelled checks, etc.); and Expenditure is listed under the proper category. For Seller’s in-state purchases of goods goods, services, equipment and servicesmaterials: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliates’ supporting documentation accompanying the Economic Benefits Reports and determine: Seller (or Seller’s affiliate an Affiliate, contractor, or General Contractorvendor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; Payment is associated with goods, services, equipment, materials, operations and/or maintenance expenses; The vendor is a New York State Firm; and Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates (which may include cash disbursements journal, payroll journal, general ledger, cancelled checks, etc.). Inspect records supporting in-house equipment expenditures and obtain copy of letter provided by the Seller (or its affiliate(s)an Affiliate, contractor, or vendor) or General Contractor attesting to the accuracy of the expenditures reported for in-house equipment use. For Long-term capital investments by Seller and/or its Affiliates in offshore wind-wind- enabling supply chain, infrastructure, workforce development and research and development initiatives in the state that are intended to have an enduring impact on the offshore wind industry and the New York State economy and/or investments not covered by (c) or (d) above: Compare each Claimed Expense to Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate an Affiliate, contractor, or General Contractorvendor) made the expenditure and/or investment; Expenditure/investment amounts agree to the supporting acceptable documentation; The payment was made during the time period specified in this Exhibit I; and The payee or investment is in New York, or the expenditure and/or investment was made for an above-described purpose for the benefit of New York (including the establishment of a fund accessible by New York residents or entities, or for a purpose to benefit New York). For other expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate an Affiliate, contractor, or General Contractorvendor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement or other documentation; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; The expenditure is an Eligible Economic Benefit as described above; The payee is a New York State Firm, a New York State municipality, or other counterparty as described above; and Expenditure agrees to the relevant provided financial records or documentation (which may include cash disbursements journal, payroll journal, general xxxxxxledger, cancelled checks, etc.). EXHIBIT J PROJECT LABOR AGREEMENT REQUIREMENTS The final form of PLA presented to NYSERDA for review and approval pursuant to Section 18.11 of this Agreement should address: Provisions that appropriately limit applicability of the PLA to United States-based (including Federal waters) covered work on the Selected Project (and not extending to any other work performed by contractors and subcontractors, or to the work of their affiliated entities), ensuring that Selected Project contractors or subcontractors are not required to become a signatory to any other labor agreement, and appropriately providing for the supremacy of the PLA over any potentially conflicting labor agreements that might otherwise apply to contractors and subcontractors. The PLA must apply to all covered construction and all contractors and subcontractors, of whatever tier, performing construction work on the Selected Project (subject to appropriate exceptions), and the PLA should be available to all contractors and subcontractors, of whatever tier, regardless of their union affiliation; Provisions for appropriate union recognition and security (limited to Selected Project work) and the referral of skilled craft workers, including provisions for staffing in the event qualified referrals are not reasonably available and for the reasonable use of a number of core employees by contractors and subcontractors (regardless of union affiliation and referral practices that might otherwise exist); Comprehensive labor harmony provisions to ensure against schedule disruption as a result of worksite disputes or other labor disputes of any kind; Comprehensive provisions for the resolution of workplace disputes through third party resolution, including provisions for the resolution of jurisdictional disputes (without disruption to the schedule of the Selected Project), and appropriate provisions for labor management cooperation; Appropriate provisions to allow the cost-effective and efficient coordination of multiple trades and contractors and subcontractors (notwithstanding any local labor agreements that might otherwise be applicable to contractors and subcontractors), as well as other appropriate management rights (such as appropriate provisions respecting specialty work and/or workers; adequately ensuring the contractors’ or subcontractors’ choice of materials, techniques, methods, technology or design, or, regardless of source or location; use and installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-pre- finished, or pre-assembled materials, tools, or other labor-saving devices; the installation or use of materials, supplies or equipment regardless of their source (including as may be required by a vendor and/or to ensure warranty coverage); and to perform off-site work, subject to any restrictions imposed by law); Appropriate provisions promoting minority- or women-owned business enterprise (“MWBE”) employment and service-disabled veteran owned business (“SDVOB”) employment, as well as the employment of low-income workers in New York; Appropriate provisions for the use of apprentices; and Appropriate provisions for rules governing worksite access and conduct. Provisions appropriately requiring any contractor or subcontractor of any level that is not an initial party to the PLA to execute a Letter of Assent (LOA) or similar instrument binding such contractor or subcontractor to the terms of the PLA (including any applicable collective bargaining agreements that pursuant to the terms of the PLA apply to the scope of work awarded to such contractor or subcontractor). EXHIBIT K Progress Report [DEVELOPER] Date: [March/June/September/December] 1, 20[XX] Dear NYSERDA Offshore Wind Team, [DEVELOPER] (“Seller”) submits this Progress Report pursuant to Section 6.02 of the Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement (“the Agreement”) between the New York State Energy Research and Development Authority (“NYSERDA”) and Seller. Pursuant to Section 21.04 of the Agreement, all information enclosed herein that Seller wishes to protect from disclosure to third parties has been marked “confidential” or “proprietary.” Seller acknowledges that NYSERDA is subject to and must comply with the requirements of New York’s Freedom of Information Law (“FOIL”). See Public Officers’ Law Article 6. I, the undersigned certify that I am an Officer or otherwise authorized representative of Seller, that I am authorized to provide this Progress Report on behalf of Seller and that all statements herein are true and accurate. Seller's ’s Authorized Representative: _____________________________________________________ Representative Title: _____________________________________________________ Representative Signature: _____________________________________________________ Date of Signature: _____________________________________________________ Instructions: Please complete and submit this Progress Report by 5:00 p.m. ET as of the Date referenced above to (1) NYSERDA’s designated Contract Manger via email, and (2) to NYSERDA’s Offshore Wind Contract Management SharePoint Platform via the link: [INSERT LINK] NYSERDA’s Offshore Wind Team will confirm its receipt pending review and approval via email to NYSERDA’s designated Contract Manager. Updates in summary form should be provided to the maximum extent possible in each section. Activities where no update is relevant or where status remains unchanged should be acknowledged as “No Update” in the Summary and the relevant appendix is not required. NYSERDA reserves the right to provide comment and/solicit updates to ensure satisfactory assessment of project progress pursuant to the Agreement. This report shall cover the immediately preceding quarter prior to the reporting deadline except as otherwise specified. For the avoidance of doubt: the report submitted on June 1 shall cover the period January through March; the September 1 report shall cover the period April through June, the December 1 report shall cover July through September, and the March 1 report will cover the immediately preceding October through December. To the extent that there have been no changes to information submitted in the relevant section of a previously submitted report, the Seller may indicate that there has been no change from the previous quarter, in such case, Seller must indicate which previously submitted quarterly report includes the relevant information. Status of Development and/or Construction Planning or Activities [Insert Update] Please attach an updated project schedule as Appendix A.1 to this report showing the original schedule and a comparison identifying any change in dates. Major supply milestones from Section 4 should be included in the overall project schedule. Please attach an updated financing plan as Appendix A.2 to this report. Please attach an updated hiring jobs summary schedule including New York State hiring jobs as Appendix A.3 to this report. This summary should highlight the number of new jobs created and filled (full-time equivalent) in New York State each quarter. To the extent that the jobs summary does not include information regarding any particular scope of work due to that information not being available from the relevant contractor or subcontractor, a specific explanation of the efforts taken to obtain such information must be included with respect to the particular information, scope of work and contractor or subcontractor at issue, the reasons for its unavailability and the steps being taken to obtain it for future reporting (unless the Seller has informed NYSERDA in a previous quarterly report that it cannot obtain the information despite commercially reasonable efforts to do so and Seller (i) confirms that the situation remains the same as was described in such previous quarterly report and (ii) indicates which previously submitted quarterly report includes the relevant information). Please attach an updated Site Layout Plan for offshore and onshore project components including links to associated Shape Files as Appendix A.4 to this report. Please attach proof of office establishment (initial) or proof of office continuation (planning activities, lease agreement, lease renewal, number of FTE equivalents hired in quarter) (if applicable) in Appendix A.5 to this report. Please attach an offshore and onshore Construction Progress Report including Site / Installation Photos as Appendix A.6 to this report. Progress in Obtaining All Required Environmental or Other Permits and/or Local Approvals [Insert update]Appendix

Appears in 1 contract

Samples: portal.nyserda.ny.gov

Agreed Upon Procedures. The purpose of performing the agreed upon procedures is to ensure and confirm the information submitted by the Seller in the Economic Benefits Report is accurate and falls within the categories of Eligible Economic Benefits described above. Inquire of the Seller whether each Claimed Expense is related to the development, construction, operation and/or maintenance of the Selected Project. From the Seller’s Economic Benefits Report, if sampling is used, select an appropriate sample for detailed testing of underlying transactions in accordance with the sampling methodology noted above. Disclose the population as well as the sample size for each category in the AUPR. For Seller’s or its Affiliatesaffiliates’ labor-related expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliatesaffiliates’ payroll records (e.g., payroll journals, W-2 forms, or benefits invoices) and determine: The name of the employer/purchaser is the Seller or an affiliate; The work was performed in New York State or the employer has certified that the employee is covered by a Project Labor Agreement approved by NYSERDA pursuant to Section 18.11 of this Agreement; Expenditure amounts agree to the payroll records and/or other supporting acceptable documentation; The payment was for services rendered during the time period described in this Exhibit I; Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates affiliates (which may include payroll journal, general ledger, cancelled checks, etc.); and Expenditure is listed under the proper category. For Seller’s in-state purchases of goods and services: Compare the expenditures claimed for each transaction selected to the Seller’s or its Affiliatesaffiliates’ supporting documentation accompanying the Economic Benefits Reports and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; Payment is associated with goods, services, equipment, materials, operations and/or maintenance expenses; The vendor is a New York State Firm; and Expenditure agrees to the relevant provided financial records of Seller and/or its Affiliates affiliates (which may include cash disbursements journal, payroll journal, general ledger, cancelled checks, etc.). Inspect records supporting in-house equipment expenditures and obtain copy of letter provided by the Seller (or its affiliate(s)) or General Contractor attesting to the accuracy of the expenditures reported for in-house equipment use. For Long-term capital investments by Seller and/or its Affiliates affiliates in offshore wind-enabling supply chain, infrastructure, workforce development and research and development initiatives in the state that are intended to have an enduring impact on the offshore wind industry and the New York State economy and/or investments not covered by (c) or (d) above: Compare each Claimed Expense to Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate or General Contractor) made the expenditure and/or investment; Expenditure/investment amounts agree to the supporting acceptable documentation; The payment was made during the time period specified in this Exhibit I; and The payee or investment is in New York, or the expenditure and/or investment was made for an above-described purpose for the benefit of New York (including the establishment of a fund accessible by New York residents or entities, or for a purpose to benefit New York). For other expenditures: Compare the expenditures claimed for each transaction selected to the Seller’s supporting documentation accompanying the Economic Benefits Report and determine: Seller (or Seller’s affiliate or General Contractor) is named as the employer, payor on the invoice, and/or as party to the applicable agreement or other documentation; Expenditure amounts agree to the supporting acceptable documentation; The payment was for services rendered or goods received during the time period specified in this Exhibit I; The expenditure is an Eligible Economic Benefit as described above; The payee is a New York State Firm, a New York State municipality, or other counterparty as described above; and Expenditure agrees to the relevant provided financial records (which may include cash disbursements journal, payroll journal, general xxxxxx, cancelled checks, etc.). EXHIBIT J PROJECT LABOR AGREEMENT REQUIREMENTS The final form of PLA presented to NYSERDA for review and approval pursuant to Section 18.11 of this Agreement should address: Provisions that appropriately limit applicability of the PLA to United States-based (including Federal waters) covered work on the Selected Project (and not extending to any other work performed by contractors and subcontractors, or to the work of their affiliated entities), ensuring that Selected Project contractors or subcontractors are not required to become a signatory to any other labor agreement, and appropriately providing for the supremacy of the PLA over any potentially conflicting labor agreements that might otherwise apply to contractors and subcontractors. The PLA must apply to all covered construction and all contractors and subcontractors, of whatever tier, performing construction work on the Selected Project (subject to appropriate exceptions), and the PLA should be available to all contractors and subcontractors, of whatever tier, regardless of their union affiliation; Provisions for appropriate union recognition and security (limited to Selected Project work) and the referral of skilled craft workers, including provisions for staffing in the event qualified referrals are not reasonably available and for the reasonable use of a number of core employees by contractors and subcontractors (regardless of union affiliation and referral practices that might otherwise exist); Comprehensive labor harmony provisions to ensure against schedule disruption as a result of worksite disputes or other labor disputes of any kind; Comprehensive provisions for the resolution of workplace disputes through third party resolution, including provisions for the resolution of jurisdictional disputes (without disruption to the schedule of the Selected Project), and appropriate provisions for labor management cooperation; Appropriate provisions to allow the cost-effective and efficient coordination of multiple trades and contractors and subcontractors (notwithstanding any local labor agreements that might otherwise be applicable to contractors and subcontractors), as well as other appropriate management rights (such as appropriate provisions respecting specialty work and/or workers; adequately ensuring the contractors’ or subcontractors’ choice of materials, techniques, methods, technology or design, or, regardless of source or location; use and installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-finished, or pre-assembled materials, tools, or other labor-saving devices; the installation or use of materials, supplies or equipment regardless of their source (including as may be required by a vendor and/or to ensure warranty coverage); and to perform off-site work, subject to any restrictions imposed by law); Appropriate provisions promoting minority- or women-owned business enterprise (“MWBE”) employment and service-disabled veteran owned business (“SDVOB”) employment, as well as the employment of low-income workers in New York; Appropriate provisions for the use of apprentices; and Appropriate provisions for rules governing worksite access and conduct. EXHIBIT K Progress Report [DEVELOPERThis exhibit is being finalized to incorporate stakeholder feedback. This document will be updated on NYSERDA’s 2022 Offshore Wind Solicitation page, and stakeholders will be notified by email.] EXHIBIT L MESHED READINESS REQUIREMENTS EXHIBIT M NEW YORK JOBS AND WORKFORCE PLAN EXHIBIT N STAKEHOLDER ENGAGEMENT PLAN EXHIBIT O U.S. IRON AND STEEL CERTIFICATION FORMS Contractor’s Certification U.S. IRON AND STEEL CONRACTOR CERTIFICATION FOR CONTRACTS FOR CONSTRUCTION OF A COVERED RENEWABLE ENERGY SYSTEM INVOLVING THE NEW YORK STATE ENERGY RESEARCH DEVELOPMENT AUTHORITY’S PROCUREMENT OF RENEWABLE ENERGY CERTIFICATES Project Title: Contractor’s Name: Offshore Wind Project: Developer Name: I certify that iron and steel products that will be permanently incorporated into the offshore wind project will have been manufactured in the United States from the initial melting stage through the application of coatings (except metallurgical processes involving the refinement of steel additives), such that a minimum of $114,000 per megawatt capacity of steel components are manufactured in the United States, as set forth in the ORECRFP22-1. I will also develop and maintain the necessary documentation to demonstrate that iron and steel products incorporated into the project were manufactured in the United States, in the amount required, and make such documentation available to NYSERDA or their authorized representatives, upon request. Signature: Name: Title: Date: [March/June/September/December] 1, 20[XX] Dear NYSERDA Offshore Wind Team, [DEVELOPER] (“Seller”) submits this Progress Report pursuant to Section 6.02 Manufacturer’s Certification The following information is provided as a manufacturer’s sample letter of the Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement (“the Agreement”) between the New York State Energy Research and Development Authority (“NYSERDA”) and Seller. Pursuant to Section 21.04 of the Agreement, all information enclosed herein that Seller wishes to protect from disclosure to third parties has been marked “confidential” or “proprietary.” Seller acknowledges that NYSERDA is subject to and must comply certification for compliance with the requirements ORECRFP22-1 requirement that that a minimum of New York’s Freedom $114,000 per megawatt capacity of Information Law iron or steel components that will be permanently incorporated into the offshore wind project will have been manufactured in the United States from the initial melting stage through the application of coatings (“FOIL”except metallurgical processes involving the refinement of steel additives). See Public Officers’ Law Article 6. Date Company Name Company Xxxxxxx Xxxx, Xxxxx Xxx Xxxxxxx: Xxxxxx Xxxxxx Iron and Steel Certification for [project name], in accordance with ORECRFP2022-1 I, the undersigned (company representative), certify that I am an Officer the following iron or otherwise authorized representative steel products and/or materials shipped or provided for the subject project were manufactured in the United States, from the initial melting stage through the application of Sellercoatings (except metallurgical processes involving the refinement of steel additives). Item, that I am authorized to provide this Progress Report on behalf of Seller and that all statements herein are true and accurate. Seller's Authorized Representative: _____________________________________________________ Representative Title: _____________________________________________________ Representative Signature: _____________________________________________________ Date of Signature: _____________________________________________________ Instructions: Please complete and submit this Progress Report by 5:00 p.m. ET as of the Date referenced above to (1) NYSERDA’s designated Contract Manger via emailProducts and/or Materials, and (2) to NYSERDA’s Offshore Wind Contract Management SharePoint Platform via the linkManufacturing Location: [INSERT LINK] NYSERDA’s Offshore Wind Team will confirm its receipt pending review and approval via email to NYSERDA’s designated Contract Manager1. Updates in summary form should be provided to the maximum extent possible in each section. Activities where no update is relevant or where status remains unchanged should be acknowledged as “No Update” in the Summary and the relevant appendix is not required. NYSERDA reserves the right to provide comment and/solicit updates to ensure satisfactory assessment of project progress pursuant to the Agreement. Status of Development and/or Construction Planning or Activities [Insert Update] Please attach an updated project schedule as Appendix A.1 to this report showing the original schedule and a comparison identifying any change in dates. Major supply milestones from Section 4 should be included in the overall project schedule. Please attach an updated financing plan as Appendix A.2 to this report. Please attach an updated hiring summary schedule including New York State hiring as Appendix A.3 to this report. This summary should highlight the number of new jobs created and filled in New York State each quarter. Please attach an updated Site Layout Plan for offshore and onshore project components including links to associated Shape Files as Appendix A.4 to this report. Please attach proof of office establishment (initial) or proof of office continuation (planning activities, lease agreement, lease renewal, number of FTE equivalents hired in quarter) (if applicable) in Appendix A.5 to this report. Please attach an offshore and onshore Construction Progress Report including Site / Installation Photos as Appendix A.6 to this report. Progress in Obtaining All Required Environmental or Other Permits and/or Local Approvals [Insert update]Xxxx

Appears in 1 contract

Samples: Purchase and Sale Agreement

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