HomeMy WebLinkAbout460556 OPOWER INC - CONTRACT - RFP - 7570 HOME EFFICIENCY REPORTS (2)AMENDMENT NO. 1 TO
APPLICATION SERVICE AGREEMENT
This Amendment No. 1 (“Amendment No. 1”) is dated and effective as of March 18, 2015 by and
between OPOWER, Inc. (“Service Provider”), and The City of Fort Collins (the “City”), and amends the
Services Agreement executed between the parties and dated as of May 1, 2014 and including any
Statements of Work issued thereunder (the “Agreement”).
WHEREAS the parties wish to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the
following:
1. Contract Term
Section 4 of the Agreement is amended and restated to read as follows:
“4. Contract Period. This Agreement shall commence on May 1, 2014 and shall
continue in full force and effect until July 31, 2016, unless sooner terminated as
herein provided (“Initial Contract Period”). In addition, at the option of the City, the
Agreement may be extended for additional one-year periods not to exceed three (3)
additional one-year periods (each an “Option Year”). Service Provider will continue
to provide the Services for the Option Years unless the City notifies Service Provider
that it no longer wishes to receive the Services. The City must notify Service
Provider in writing no later than 90 days prior to the beginning of a new Option Year
if the City no longer wishes to receive the Services.”
2. Appropriation
A new Section 23 shall be added to the Agreement and shall read as follows:
“23. Appropriation. To the extent this Agreement or any provision in it constitutes
a multiple fiscal year debt or financial obligation of the City, it shall be subject to
annual appropriation by City Council as required in Article V, Section 8(b) of the City
Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado
Constitution. The City shall have no obligation to continue this Agreement in any
fiscal year for which no such supporting appropriation has been made and may
terminate this Agreement in accordance with Section 6.”
3. As modified by this Amendment No. 1, Service Provider and the City agree that the terms and
conditions set forth in the Agreement, and all exhibits, schedules, addenda, and prior
modifications thereto, shall remain in full force and effect and shall govern, control, and contain
the entire understanding between the parties with respect to the subject matter of the
Agreement, except as otherwise modified herein by the express written agreement between the
parties.
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DocuSign Envelope ID: 3666231F-2707-4A26-8469-641EB8D786F0
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EXECUTED as of the date first set forth above.
OPOWER, INC. THE CITY OF FORT COLLINS, COLORADO
Thomas Kramer
Name
Gerry Paul
Name
Chief Financial Officer Director of Purchasing & Risk Management
Title Title
DocuSign Envelope ID: 3666231F-2707-4A26-8469-641EB8D786F0