HomeMy WebLinkAbout334131 ECOS CONSULTING - CONTRACT - CONTRACT - 20812PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred
to as the "City" and ECOS Consulting, hereinafter referred to as "Professional'.
W ITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated
herein by this reference.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within five (5) days following execution of this
Agreement. Services shall be completed no later than September 30, 2004. Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in writing by the
parties hereto.
3 Early Termination by City. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15)'days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Professional:
City:
With Copy to:
Ecos Consulting, Dave Pex, CFO
City of Fort Collins, Utilities
City of Fort Collins, Purchasing
309 SW Sixth Ave., Suite 1000
Attn: John Phelan
PO Box 580
Portland, OR 97204
700 Wood St.
Fort Collins, CO 80522
Fort Collins, CO 80521
PSA 05/01
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Scope or Wow ra- a Utimes ENERGY STAR Basems Study (mised 2) page 5
Eros Ceonsuiting, August 11, 2004
PSA 05/01
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred
to as the "City" and ECOS Consulting, hereinafter referred to as "Professional'.
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated
herein by this reference.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within five (5) days following execution of this
Agreement. Services shall be completed no later than September 30, 2004. Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in writing by the
parties hereto.
3 Early Termination by City. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Professional:
City:
With Copy to:
Ecos Consulting, Dave Pex, CFO
City of Fort Collins, Utilities
City of Fort Collins, Purchasing
309 SW Sixth Ave., Suite 1000
Attn: John Phelan
PO Box 580
Portland, OR 97204
700 Wood St.
Fort Collins, CO 80522
Fort Collins, CO 80521
PSA 05/01
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole right
and remedy for such termination.
4. Design, Proiect Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold
harmless the City, its officers and employees in accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of
the services furnished under this Agreement. The Professional shall maintain commercial general
liability insurance in the amount of $500,000.
5. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of Five Thousand Eight
Hundred Fifty Dollars ($5,850) which includes all reimbursable, and other fees and costs. Monthly
partial payments based upon the Professional's billings and itemized statements are permissible.
The amounts of all such partial payments shall be based upon the Professional's City -verified
progress in completing the services to be performed pursuant hereto and upon the City's approval of
the Professional's actual reimbursable expenses. Final payment shall be made following
acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications,
drawings, and other services rendered by the Professional shall become the sole property of the
City.
6. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
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K
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
7. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
8. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
9. Personal Services. It is understood that the City enters into this Agreement based on
the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
10. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to operate as a
waiver of any rights or benefits provided to the City under this Agreement.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
PSA 05/01
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
THE CITY OF FORT COLLINS,
�CO�LLO�RADO
By: t..Jk ""
am B. O'Neill II, CPPO, FNIGP
Director urchasing & Risk Management
DATE:
ECOS Consulting
By: 1 t n' n�
Title: f7reeA 2ot-i
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: I. 23 o+
ATTEST:
(Corporate Seal)
Corporate Secretary
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4
EXHIBIT A
Scope of Work to Fart Collins Utilities for a
Baseline Study
A. Concept
As Fort Collins Utilities (Utilities) prepares to launch its lighting and appliance prig rams, Ecos
Consulting (Ecos) proposes conducting a baseline study to assess the current state or the
marketplace, Specifically, the study will aim to identify�
ENERGY STAWO qualified lighting and appliamnes currently stocked in retail outlets;
Piacernent of ENERGY STAR qualified products; and
• (retailer and cc-nsumAr awarenessAncn++ledge of ENERGY STAR.
A baseline assessment will benefit Utilities by establishing a benchmark from which to measure
certain program effects, The studywill improveE the Utilities' ` understanding of the local market fear
ENERGY STAR products, It also allows for gathering of region -specific information to better
understand the needs of retailers, manufacturers and consumers. However, this baseline assrismen t
vdll not provide quantitative sales data from which to gauge future changes in unit movement, as
retailers do not make this information publicly available.
K 5l:ope of Word.
To accomplish an affective baseline study. Ecos will conduct thefollowing activities
.SUI-Vey instrument design
Survey instruments will be developed to capture appropriate information from retailers,I first; data
will be compiled based on five key market transformation indicators,
Availability of ENERGY STAR -qualified products including:
• Lighting: CFLs, light fixtures and ceiling fans
Horne appliances: rloth&-, washers, dishwashers: refrigerat+xs and room air conditioners
Home elertr nics: Televisions;. combination DVDi'VCR/TV units and DVD products`
* Retailer awareness of these products
Acce?rsibiIity of products tc custonw_rs
Affordability of products i.e how do product prices compare to non -ENERGY S+TAP products
arad how to they compare to average prices aap:)und the country?)
Consumer awareness/aP. *ptarice of products
Ecos will modify exi-zing 7wvy instruntnn, which will result in a lc v ceest to 4 kil'rties forthis tssk,
Home ekstromci wil l only be addra-zed in the survey in the reitiler and c munrer awarene-.a cmttgwie„ nc clato to
clvarac.terim the market vo 11 be gathered on this pro:luct Lategc y
3 This infonnatkm willI carom from retailers, not via customer research. Retailenwill be asked questions thatelicit
cuts» perception or interest.. -wh ns"Ww cften & your custornrrs ask for ENERGY STAR duct;?"
Scope orWork for a Lltintles ENERGY :TAR Baseline Study (revised 2) Page 1
Ecos Consulting, August 11, 2104
PSA 05101
Second, the survey will gather data to characterize the rnarket, Market characterization provides a
`'snapshot" of the current marketplace in a region, and offers insight to how to best affect change.
It examines both quantitative data and anecdotal evidence to capture nuances specific to a
particular market. This component will include identification of:
• Key Market aCtorS4
• Primary information channelss
Distribution channels
Product attributes
Market alternativesE'
Market barriers
Third shelf space a nd plar--Am*nt of ENERGY STAR qua I if ied lighting andappliancesstill be analyzed,
Data will be gathered on a nUmbr-r of variables:
• Manufacturer
Model
Lamp or product type
• Rated hours (for CFLs)
• Product features
• Price
Shelf space allot-ation and position
Stock in the selected retail sites
Finally, manufacturers, distributors and other industry experts Will be identified fOr keSetine and
market characterization data collection interviews. Enoswill develop an additional survey
instrument to interview:
Five manufacturers (national)
Five distributors (local/regional)
A small number of other industry market actors and experts (eA, DOE/EPA ENERGY STAR
Program representatives, Association of Home Appliance Manufacturers, and industry
publications Such as Appliance Magazine),
L Data caflection
Onc* the survey instruments are approved, the field services team will be trained on proper data
collection processes. They will tW--n visit all retailers in the Utilities service ts-l-rit,-4-y lists) on LI-H-
ENERGY STAR Web site to collect data. Additional retailers may be identified with assistance from
Utilities (see attached list of retailers in Section D), All data will be entered into an brel database
4 Maimt actors are thevariou-, retailers, ny3rufacturem distributors and other influencers le.9, xra4t- publications) that
can affect the stocking and promotion 4 DIERGY STAR product-
6 Information channels are the rerious rnetho& retailers, distributors and retailers use to communicate wrixh their
cmCh mars! e%' retainers may use print ativertisiN or events ca aura l custarners, ,chile cktributom may use,
sales reps, direct mail or "blast faxes" to communicate with retailem
6 Market oltematiaes are non-traditional vway5 consumers may purchase products, t.9, some utilities have an energy store
at their central office, or the local mall may have a kiosk that sells energy -efficient. products.
Scope of Work for a Utilities ENERGY STAR Basetine Study (revised 21 Page 2
Ecos Consulting, August 11, 2004
PSA 05/01
The field team will conduct the manufacturer, distributor and industry market actors expert
interviews concurrently with the field visits to retailers. This information will be entered into an
Excel database.
I Data anaiysis and reporting
After all data is entered into the database, Lcos will conduct preliminary analysis and pircovide
summary information on the market transformation indicators, market characterization data and
shelf space/product placement data (as defined in Section 6,1,), Following analysis a preliminary
report will be delivered to the Utilities program management. After any feedback has been
incorporated, Ecos will present both a hard copy and electronic version final report, and will
schedule a conference call to discuss key findings and any questions from Utilities` team,
C. Schedule and Budget
Activity
Tiffrellne
Budget
Survey instrument design
Week 1
$501)
Field training and data collectiorl
Week 2
$2,3&
Data entry and analysis
Week 3
$1,300
Preliminary report delivered
Week 4
$11)"
Final report delivered
Week 5 or 6 (depending on feedback)
$ "151)
$ 5,850 total
T Includes Field riepresentat" billing tune (approximately $1,600 for amine visit: aril phone interviewa) oricitr*%,el
ftpens,es, (approxRmtely WO).
Scope or Work ror a Utilities ENEK�Y STAR Baseline Study (revised 2) Page 3
Consultj rig, August 11, 2004
PSA 05/01
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Scope ot+d'#tark ror a Utilities ENERGY STAFF BaseflnAe Swap (revised 2) Pap 4
Eecs C nsuiti mx :Aunust 11, 2004
PSA 05/01