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HomeMy WebLinkAboutRFP - 7570 HOME EFFICIENCY REPORTSREQUEST FOR PROPOSAL 7570 HOME EFFICIENCY REPORTING PROGRAM The City of Fort Collins is requesting proposed pricing, alternatives, and options to provide Fort Collins Utilities with a Home Efficiency Reporting Program. Utilities is seeking proposals to continue providing direct mail energy reports to customers, and/or options for additional services related to water efficiency, advanced meter data capabilities and web-based information tools. Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, seven (7) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), November 22, 2013 and referenced as Proposal No. 7570. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. All questions should be directed to Pat Johnson, CPPB at pjohnson@fcgov.com. A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, and discount information. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing 7570 Home Efficiency Reporting Program Page 2 of 25 subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other State and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Qualified consulting firm/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be Sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc.. Invoices shall be billed in quarterly installments. City payment terms will be Net 30 Days from receipt of invoice. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. If interviews are held, they will be the first week of December. Contractors shall reserve the days of December 16 th and 17 th for interviews. Notification of short listed firms will be by December 5, 2013. The selected Service Provider shall be expected to sign the City’s standard Services Agreement without revision prior to commencing Services (see sample attached to this Proposal). The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, Gerry Paul Director of Purchasing & Risk Management 7570 Home Efficiency Reporting Program Page 3 of 25 I. BACKGROUND, PURPOSE & OBJECTIVES A. Background Fort Collins is a vibrant community of approximately 151,000 located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s population includes over 24,000 college students. City of Fort Collins Utilities (Utilities) serves more than 65,000 (both single family and multi-family) electric customers with total annual sales of approximately 1,500 gigawatt- hours. The Utility also provides water, wastewater, stormwater and financing services. More information about Fort Collins Utilities can be found at fcgov.com/utilities. Within this group of residential customers, approximately 26,000 single family homes also receive water services. Fort Collins Utilities provides electricity to approximately 5,500 business customers, of which approximately 500 have peak demands greater than 50 kilowatts. Utilities has provided a Home Energy Reporting Program to customers since November 2009 in partnership with O-Power (initially under the name Positive Energy), through a contract that will expire at the end of 2013. The Program operated under a test and control group structure until the end of 2012, after which the Program was expanded to send reports to all eligible customers. Utilities is in the final stages of completing the installation of advanced electric (15 minute interval) and water (one hour interval) meters. Utilities will be completing an advanced meter customer web portal in the first quarter of 2014, utilizing the Siemens Energy Engage platform. B. Purpose The purpose of this RFP is to obtain proposed pricing, alternatives, and options to provide Fort Collins Utilities (Utilities) with a Home Efficiency Reporting Program (Program). The Program will be focused on motivating and supporting customer efforts to reduce resource use while improving the engagement between Utilities and its residential customers. Utilities is seeking proposals to continue providing direct mail energy reports to customers, and/or options for additional services related to water efficiency, advanced meter data capabilities and web-based information tools. C. Objectives Utilities desires to contract with a Company that offers customer-engagement expertise and services to: • Deliver on-going, large-scale, measurable, and cost-effective resource consumption reduction • Generate measurable peak demand savings • Increase adoption of other Fort Collins Utilities energy and water efficiency and electric demand response programs • Measurably strengthen the relationship between Utilities and customers 7570 Home Efficiency Reporting Program Page 4 of 25 In evaluating the Company’s ability to deliver on the above objectives, Utilities will assess the Company’s demonstrated ability to drive customer engagement and action on a large scale, irrespective of customers’ technology access, socio-economic status, age, and other demographic factors. II. SCOPE OF WORK A. Scope of Services To achieve the program objectives, Utilities is seeking an approach which will: 1) employ proactive customer-engagement methods; 2) utilize deep, data-driven utility usage and customer profile analysis; and 3) include practical applications of behavioral science. Utilities is seeking proposals to continue providing direct mail energy reports to customers, with options for additional services related to water efficiency, advanced meter data capabilities and web-based information tools. Utilities prefers to contract with one firm to provide the direct mail energy reports and any options chosen, but understands that a separate contract for some of the options may be necessary. Utilities expects the Company to develop, implement, and manage a Program that can be implemented rapidly and through a Software-as-a-Service approach that requires no installation within Utilities’ Information Technology environment. Company must describe all data and integration requirements from Utilities billing and or meter data management systems. B. Direct-Mailed Home Efficiency Reports (Energy) The Company must regularly deliver customized, direct-mailed Home Efficiency Reports that motivate customers to take action through: 1) contextualized energy-usage information, 2) personal and neighborhood comparisons, and 3) energy savings recommendations based on customers’ specific energy-usage patterns and characteristics. Reports must include: 1. Contextualized energy usage information (including normative comparison of customer’s energy use to a relevant peer group) and energy-efficiency recommendations that apply the principles of behavioral science 2. Personal comparison of energy usage year over year 3. Updates on customer’s progress towards personal energy-efficiency goals 4. Consistently relevant information reflecting changes in the customer’s environment or customer’s account (e.g., seasonal changes, updates to customer accounts, etc.) 5. Personalized and targeted recommendations based on customer characteristics, actions, and time of year, including: a. Programmatic recommendations: promotion of Utilities energy-efficiency, demand-response, and dynamic rate programs, services, and rebates that help customers save energy and save money b. Behavioral recommendations: energy-saving actions that customers can take independently to reduce consumption and shift the time of consumption 7570 Home Efficiency Reporting Program Page 5 of 25 6. Dynamic, customizable, and fresh report content designed to keep customers engaged C. Optional Reports The following reports are to be detailed individually. Utilities would like to learn about each Company’s ability to provide the optional reports, what the costs are for each and recommendations the Company has regarding these additional reports. Option 1: Direct-Mailed Home Efficiency Reports (Water) Describe capabilities for providing regularly delivered customized, direct-mailed Home Water Reports that motivate customers to take action through: 1) contextualized water usage information including indoor and outdoor efficiency, 2) personal and neighborhood comparisons, 3) water savings recommendations based on customers’ specific water usage patterns and characteristics, 4) provide alerts for customers with suspected water leaks (if utilizing AMI data), and 5) describe capabilities for providing direct mail water reports for outdoor irrigation customers. 1. Specifically describe each of the areas under Home Energy Reports above (items 1 through 6) for Home Water Reports. 2. Provide recommendations for an experimental model which will provide measurable and verifiable water savings, based on the customer characteristics described above (electricity and combined customer numbers). Option 2: Direct-Mailed Integrated Home Efficiency Reports (Energy and Water) Describe capabilities for providing regularly delivered customized, direct-mailed Home Efficiency Reports that motivate customers to take action through: 1) contextualized energy and water usage information, 2) personal and neighborhood comparisons, and 3) energy and water savings recommendations based on customers’ specific utility usage patterns and characteristics. 1. Specifically describe each of the areas under Home Energy Reports above (items 1 through 6) for integrated Home Efficiency Reports. 2. Provide recommendations for an experimental model which will provide measurable and verifiable water savings, based on the customer characteristics described above (electricity and combined customer numbers). Option 3: Direct-Mailed Business Efficiency Reports (Energy) Describe capabilities for providing regularly delivered customized, direct-mailed Business Energy Reports that motivate customers to take action through: 1) contextualized electricity usage information, 2) individual and business type comparisons, and 3) energy savings recommendations based on customers’ specific energy usage patterns and characteristics. 1. Specifically describe each of the areas under Home Energy Reports above (items 1 through 6) for Business Energy Reports. 2. Provide recommendations for an experimental model which will provide measurable and verifiable energy savings, based on the customer characteristics described above (electricity and combined customer numbers). 7570 Home Efficiency Reporting Program Page 6 of 25 Option 4: Advanced Meter Enabled Direct-Mail Home Efficiency Reports Describe the enhanced capabilities for providing regularly delivered customized, direct- mailed Home Efficiency Reports enabled by having 15 minute electric and one hour water interval data. Describe these capabilities for: 1. Home Efficiency Reports (energy, water, integrated energy and water) Company is to provide detailed data and integration requirements from Utilities IT department, billing system and meter data management system to enable the use of interval data. Option 5: Web-based Information Tools Utilities is developing an interval data enabled customer web portal for electricity and water information (Siemens Energy Engage). Utilities desires to enable presentment of information from the Home Efficiency Reports via web-based information tools. Describe the Company’s capabilities to provide: 1. Ability to expose core analytics (such as neighbor rank, top saving tips, etc.) through Application Programming Interface (API) so that Utilities can display them on Utilities’ web pages. 2. Seamless integration with Utilities’ other web assets through tab-level integration to enable Utilities to embed the vendor's functionality as a series of tabs into its current website. These tabs will be skinned to match the remainder of Utilities’ website, making the experience seamless to the customer as they switch between functionality provided by Utilities and functionality provided by the Company. D. Program Management Capabilities 1. Reporting The Company must regularly provide program reporting reflective of Company activities and Fort Collins specific results. Reports must include: a. Monthly program activity, including the number of reports delivered (direct mail and email), number of customers who have opted out of receiving the program and number of customers who have requested email delivery. b. Estimated monthly savings. c. Annual reports which include all program activity, complete savings calculations and segmentation analysis of participating customers to better understand how different customer segments are responding to the Program. 2. Savings Methodology For the proposal of continuing Home Energy Reports, program recipients are to include all eligible households. As a result, the program does not have a control group. However, Fort Collins has nearly four years of measured savings results with which can be developed a modeled savings calculation, based on key customer characteristics. Describe the approach for calculating energy savings based on historical program effects. 7570 Home Efficiency Reporting Program Page 7 of 25 For Options 1, 2, 3 and 4, describe the experimental models and methodologies for calculating both electricity and water savings. 3. Continuous Customer Enrollment Utilities desires to maintain the maximum possible recipient list at all times. Because the program requires a minimum amount of data to generate a home efficiency report and the fact that there is a continuous level of move-in and move-out activity (up to 20% of residential accounts turnover annually), it is not possible to always send reports to all eligible customers. Describe the Company’s capability to provide a continuous customer enrollment, whereby each report cycle would take advantage of the most recent utility data to generate all possible reports. 4. Customer Self-Service Utilities desires to provide self-service options for customers to manage their participation in the Home Efficiency Reports program. Describe the Company’s capability to provide self-service options for managing: a. Customer profiles and home characteristics, such as square footage and heat type. b. Ability to opt-into “paperless” reporting, where e-mail notifications are sent in lieu of direct-mailed Home Efficiency Reports. c. Ability to opt-out of receiving Home Efficiency Reports 5. Customer Service Interface The Company must provide a web customer service interface that enhances the role of Utilities’ customer care center as a customer engagement channel. The web customer service interface must enable utility customer service representatives to: a. View and update customer profiles, home characteristics and report delivery preferences b. Opt customers out of the Program if requested c. In addition, the Company will provide comprehensive customer service representative preparation, through a train-the-trainer approach, to help customer service representatives manage the typical customer experience and fully utilize the web customer service interface, supporting first-call-resolution and short handle times. 6. Information Security Information security is an essential element of this program. Describe the Company’s capabilities, procedures and/or certifications for: a. Highly secure data storage facility i. Provide documentation to demonstrate that the Company’s data center is certified according to latest service organization reporting standards. ii. Describe processes/capabilities to ensure appropriate physical back-up, environmental controls, and 24/7-controlled access. b. Information security and disaster recovery protocols c. Secure data storage, transfer, and disposal standards d. Malware security 7570 Home Efficiency Reporting Program Page 8 of 25 e. Identity and access management control policies f. Detection, monitoring, and logging for the Company’s operational support tools Provide formal certifications that vendor has received related to the security of energy and personal data and describe any formal certifications it has achieved to comply with Federal or international data privacy standards. E. Schedule Utilities has established the target schedule shown below for the RFP. Utilities reserves the right to amend the target schedule at any time. • RFP Issuance: October 28, 2013 • Final Deadline for questions: November 14, 2013 • Proposal Due: November 22, 2013 • Interviews (if necessary): December 16 th and/or 17 th , 2013 • Contract start date: January 1, 2014 III. REVIEW AND ASSESSMENT Qualified firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. A shortlist of Contractors may be identified and invited for an onsite interview. The final selection will be made from this shortlisted group. The City reserves the right to award directly as a result of the written proposals. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Is your experience pertinent? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project 7570 Home Efficiency Reporting Program Page 9 of 25 schedule if required? Is the project team available to attend meetings as required by the Scope of Work? Is the project schedule well defined, realistic, and achievable? 1.0 Motivation/Sustain ability Is the firm interested and are they capable of doing the work in the required time frame? What sustainable practices does your firm have in place? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm completed previous projects of this type and scope? Reference Evaluation (Top Rated Firm) The Project Manager may check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction 7570 Home Efficiency Reporting Program Page 10 of 25 contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? IV. INSTRUCTIONS FOR PROPOSAL SUBMISSION The content and format requirements for all information submitted in response to this RFP are outlined here. A proposal that does not include all of the information required may be deemed incomplete and is subject to rejection. Responses must include all of the items listed below, in the order listed: 1. Cover Letter The cover letter must include all signatures necessary to approve and submit the Contractor’s proposal by a representative having the authority to contractually commit the Contractor for Contractor’s offer provided in the proposal and be dated no later than the Proposal Due Date. Additionally, the cover letter must include the following declaration: 2. Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. 3. Contractor Information The Contractor should provide the following information: a. Primary contact information including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). b. Describe the Company’s business and background, including the size, location, capacity, type of firm, details about ownership and year established. Describe the company’s structure, including an organizational chart, which illustrates leadership and roles c. Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. d. Include reference information (current contact name, current telephone number and email address) from three or more current or past clients, which have used the firm for similar services. e. The Contractor shall provide, with the original response document: 1. A current audited statement of financial condition, prepared by an independent certified public accountant; 2. Financial statements for the two (2) years preceding the year to which the statement required in (1) applies, prepared by an independent certified public accountant; 3. A bank reference; a narrative that demonstrates its financial capacity to undertake and complete the project as proposed f. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or sub-consultants, 7570 Home Efficiency Reporting Program Page 11 of 25 and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or sub-consultants, shall be submitted. g. Provide a list of entities with which the Company has relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this request for proposals. The list should indicate the name of the entity, the relationship, and a discussion of the conflict. 4. Use of Subcontractors/Partners There may be areas for use of subcontractors or partners in this project. If you are utilizing this approach, your proposal must list the subcontractors’ personnel for this contract, their area(s) of expertise, and include all other applicable information herein requested for each subcontractor/partner. A résumé for each professional and technical person assigned to the contract, including partners and/or sub-consultants, shall be submitted. Please keep in mind that the City will contract solely with your company, therefore subcontractors/partners remain your sole responsibility. 5. Methods and Approach a. Describe your recommended approach to the project. Provide 1-2 paragraphs of detail for each task. b. Describe the anticipated interaction with the City. c. Describe what resources you would expect (if any) the City staff to provide. d. Describe the availability of project personnel to participate in this project in the context of the firm’s other commitments. e. Provide estimated hours for each proposed or optional task, including the time required for meetings, conference calls, etc. 6. Customer Engagement Strategy a. Describe the Company’s methods and technical tools used to reach customers, and explain how the Company’s Program encompasses all functionality contemplated in Section II, Scope of Work. Describe the direct mail energy program and each of the five options included. b. Identify the Company’s approach to measuring and verifying value delivered. 7. Experience a. Sustaining EE Results – Describe the Company’s experience sustaining program results for over 1 year. List the three longest-running behavioral energy efficiency programs run by the Company. Identify program length and utility served. Identify savings results if they are public. b. List top three utilities where the Company has current: • ongoing water programs • integrated programs • business efficiency reports programs Identify program length and utility served. Identify savings results if they are public. 7570 Home Efficiency Reporting Program Page 12 of 25 c. Option 4: AMI Experience – List top three utilities where the Company has current, ongoing advanced meter-enhanced behavioral energy efficiency programs. List the number of hourly meter reads the Company receives and loads into its databases from each of these utilities on a monthly basis. Describe how the Company’s data architecture scales to deliver insight and analysis specific to interval data. d. Option 5: Web-Based Information Tools – Describe experience integrating web platform components to improve the customer experience. Identify experience using seamless tab integration to integrate customer portal with utilities’ corporate web site. e. References – Provide at least three client references for programs of similar scope and complexity. f. Measurement and Verification - Provide list of relevent independent evaluations verifying the savings of its Home Efficiency Reporting Programs. 8. Program Approach a. Provide an overview of the Company’s program design, and how it best meets Utilities’ goals and objectives. Indicate the program population and any consumer targeting recommendations for achieving the best program results. Provide specific descriptions of the experiment design model for options 1 and 2. Fully describe the deployment methodology you intend to use to provide the program and the timeline in which you anticipate the program to be executed. b. Provide the program team’s qualifications. i. Org chart: identify all key program team members and their program roles. ii. Identify the project manager’s experience. iii. Role responsibility: describe the key program team member’s role responsibilities for Utilities’ program. iv. Resumes for all key program team members. c. Provide sample copies of all reports. Current customer information should be blacked out as necessary. 9. Pricing The Company should list the first through fifth year costs for providing the direct mail energy reports to customers based on providing six home energy reports per customer per year. Please breakdown total price, in a lump sum format, by year. For bidding purposes, the Program recipient population should be as follows: Year Number of Households 1 50,000 2 50,000 3 50,000 7570 Home Efficiency Reporting Program Page 13 of 25 4 50,000 5 50,000 Options 1, 2 and 3: Using the table below, provide the number of customers receiving reports (six annually) and associated pricing. For each case, base the number of customer reports on the experimental model described in your proposal. Option 1 Option 2 Option 3 Year Number of Households Price Number of Households Price Number of Households Price 1 2 3 4 5 Option 4, Advanced Meter Home Efficiency Reports: The Company should provide costs for enabling advanced meter interval based reports. Option 5, Web-based Information Tools: The Company should provide cost to: • Provide core analytics (such as neighbor rank, top saving tips, etc.) through APIs so that Utilities can display them on Utilities’ web pages, and • Provide integration with Utilities’ other web assets through tab-level integration to enable Utilities to embed the company’s functionality as a series of tabs into its current website. Contractor shall include a current fee schedule. Fee schedule will be used as a basis for determining fees should additional services be necessary. A fee schedule for subcontractors, if used, shall be included. 10. Additional Information Contractor may provide any additional information the Contractor feels will assist Utilities in their evaluation of the Contractor’s proposal. 7570 Home Efficiency Reporting Program Page 14 of 25 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Contractor hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Contractor hereby makes the following representations to Utilities: a. All of the statements and representations made in this proposal are true to the best of the Contractor’s knowledge and belief. b. The Contractor has obtained all necessary authorizations and approvals that will enable the Contractor to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Contractor Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 7570 Home Efficiency Reporting Program Page 15 of 25 SAMPLE 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 , hereinafter referred to as "Service Provider". WITNESSETH: 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 Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect 7570 Home Efficiency Reporting Program Page 16 of 25 for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. 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 Service Provider. 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: Service Provider: City: Copy to: 7570 Home Efficiency Reporting Program Page 17 of 25 Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 9. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 10. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its 7570 Home Efficiency Reporting Program Page 18 of 25 respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. 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 or cause of action arising out of performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, 7570 Home Efficiency Reporting Program Page 19 of 25 provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. 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 thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (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 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. 17. 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. 18. Indemnity/Insurance. 7570 Home Efficiency Reporting Program Page 20 of 25 a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. 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. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. 7570 Home Efficiency Reporting Program Page 21 of 25 seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 7570 Home Efficiency Reporting Program Page 22 of 25 2. Terminate the subcontract with the subcontractor if within three days ofreceiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 7570 Home Efficiency Reporting Program Page 23 of 25 23. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY 7570 Home Efficiency Reporting Program Page 24 of 25 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 7570 Home Efficiency Reporting Program Page 25 of 25 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.