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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 7328 DEMAND RESPONSE SOLUTION (2)Itron Change Order Form Statement of Work Confidential Page 1 of 4 Customer Name: The City of Fort Collins, Colorado (“Ft. Collins”) Statement of Work Name: Peak Partners Bring Your Own Thermostat Program (the “SOW”) SOW Effective Date: January 11, 2019 Change Order #: 2 Customer Itron, Inc. By By Name Name Title Title Date Date (Effective Date) Comments: Ft. Collins would like to add 250 ecobee thermostats to its Peak Partners Bring Your Own Thermostat Program. The following attachment to this Change Order (Attachment 1 – Ecobee Flow-Down Terms) is hereby added to the SOW as a newly created Attachment 3. Order Processing: PO/Contract #: Comments: DocuSign Envelope ID: 46A818C5-DC4E-45FA-B4B7-8E7BC8328593 VP Treasury 8/3/2020 Robert Farrow DocuSign Envelope ID: C0E2F442-DF17-4499-965C-3C84E53CFFB5 Purchasing Director 8/5/2020 Gerry Paul Itron Change Order Form Statement of Work Confidential Page 2 of 4 Attachment 1 – Ecobee Flow-Down Terms Program Overview 1.1. NAME OF UTILITY COMPANY: Fort Collins Utilities 1.2. TERM OF PROGRAM: The term of Itron’s agreement with Fort Collins Utilities runs through December 31, 2020, except as may be mutually extended or terminated by the parties in accordance with its terms and conditions. 1.3. DEMAND RESPONSE PROGRAM AND BYOT PARTICIPANT INCENTIVES 1.3.1. Incentives:  Up-front incentive per BYOT participant: $75  Annual recurring incentive per BYOT participant: $25 1.3.2. BYOT Participant Eligibility:  Open to residential and small business rates.  BYOT participants must have central air conditioner or heat pump.  BYOT participants must have broadband internet with available secure WiFi.  BYOT participants must have control of thermostat.  The following ecobee thermostat model numbers are eligible to participate in Peak Partners BYOT: o e3 o e3lite o e4 o e5 (Smart Thermostat with Voice) 1.3.3. Demand Response or Program Events  Fort Collins Utilities or Platte River Authority may dispatch demand response (DR) events on summer days using the IntelliSOURCE-CONNECT module. Events may also be dispatched on the day ahead based on criteria defined by either Fort Collins Utilities or applicable sublicensees.  Dispatch hours are 2-7 PM (including holidays and weekends) during the timeframe of May 15th – September 15th  Only BYOT participants within the relevant operating companies will be called to participate in active DR events under this load forecast trigger.  There will be a maximum of forty (40) hours of dispatch per summer. Events are not to exceed four (4) hours long.  Itron and Fort Collins Utilities will mutually develop a dispatch plan. 1. BYOT participants may opt out of no more than two (2) demand response events each year. For additional clarity, Ecobee will not restrict BYOT participants from opting out, but Fort Collins may unenroll BYOT participants or withhold BYOT program incentives due to excessive opt outs as they see fit.  Temperature offsets; maximum offset – 4 degrees  Includes pre-cooling DocuSign Envelope ID: 46A818C5-C0E2F442-DC4E-DF17-4499-45FA-965C-B4B7-3C84E53CFFB5 8E7BC8328593 Itron Change Order Form Statement of Work Confidential Page 3 of 4 1.4. RESPECTIVE PARTY OBLIGATIONS  ecobee will provide BYOT participants the ability to enroll into the BYOT program through eco+. ecobee will use in-app marketing as its primary source of communicated BYOT program participation to BYOT participants. BYOT participants will be identified by ecobee based on a list of zip codes provided by Itron. ecobee will support the BYOT program by promoting it on ecobee’s Rebate Finder tool. Ecobee may also invest in targeted online advertising at its own discretion.  Any marketing materials that contain Fort Collins Utilities/BYOT program assets/branding will use best efforts to follow Fort Collins Utilities brand guidelines, which will be provided upon request, and the Fort Collins Utilities/BYOT program elements must be approved by Itron prior to use. Any marketing materials that contain ecobee assets/branding must follow ecobee’s brand guidelines, which will be provided upon request, and ecobee elements must be approved by ecobee prior to use by Itron or Fort Collins Utilities.  ecobee will provide marketing reporting for in-app enrollments, ecobee will report on the number of BYOT participants that have viewed and accepted or rejected the BYOT program offer.  Ecobee represents and warrants that: (a) every BYOT participant for whom ecobee provides an email address to Itron, Fort Collins Utilities or their agents has consented (“opted-in”) to receive messages from ecobee and its agents in connection with the BYOT program; (b) ecobee will comply with all applicable federal, state, provincial and local laws including, without limitation, the CAN-SPAM Act and the Telephone Consumer Protection Act of 1991 (“TCPA”); and (c) ecobee shall not use the Itron platform in a manner that violates any federal, state, provincial, or local law or regulation relating to individual privacy or the distribution of email and other marketing communications, including, without limitation, the CAN-SPAM Act and TCPA.  Itron represents and warrants that: (a) Itron will comply with all applicable federal, state, provincial and local laws including, without limitation, the CAN-SPAM Act and the TCPA; and (b) Itron shall not use the ecobee platform in a manner that violates any federal, state, provincial, or local law or regulation relating to individual privacy or the distribution of email and other marketing communications, including, without limitation, the CAN-SPAM Act and TCPA.  ecobee represents and warrants that it does not and will not use or retain any confidential information or BYOT participant personal information unintentionally sent from Fort Collins Utilities (collectively, “Restricted Information”) in connection with the BYOT program. In the event that ecobee inadvertently receives any Restricted Information from Fort Collins Utilities or Itron, ecobee shall promptly notify Itron and/or Fort Collins Utilities of ecobee’s receipt of such Restricted Information and shall comply with any instructions to either return or irretrievably destroy such Restricted Information. ecobee shall indemnify, hold harmless, and defend Itron against any third-party claims resulting from or arising out of any data breach arising from ecobee’s possession or use of Restricted Information. DocuSign Envelope ID: 46A818C5-C0E2F442-DC4E-DF17-4499-45FA-965C-B4B7-3C84E53CFFB5 8E7BC8328593 Itron Change Order Form Statement of Work Confidential Page 4 of 4 a. Enrollment: ecobee will host its own enrollment tool (in-app enrollment). Itron will validate ecobee enrollments on behalf of Fort Collins Utilities for approval and provide feedback regarding successful/unsuccessful enrollment to ecobee via API or other mutually agreed upon means that will be sent to ecobee at least on a weekly basis containing the enrollment status and the data below collected by ecobee. ecobee will collect the following information on each BYOT participant:  thermostat_id  thermostat state  thermostat last updated date  thermostat user name  thermostat user email  thermostat model name  thermostat street  thermostat city  thermostat province or state  thermostat zip or postal code  thermostat country  thermostat utility rate identifier  utility rate name  thermostat first connected date  thermostat equipment type 2. PRICING* *Budgetary pending final Itron executive approval prior to signature FORT COLLINS ECOBEE BUDGETARY QUOTE Billed Total Year 2** IntelliSource Integration (Once) At Signing $ 19,333.00 $ - Annual SaaS Increase At Signing $ 1,200.00 $ 1,200.00 Ecobee API Access (250 Thermostats) At Signing $ 12,500.00 $12,500.00 Ecobee Annual Thermostat Fee (250 Thermostats) At Signing $ 4,687.50 $ 4,687.50 Customer Incentives (250 Thermostats) At Signing $ 25,000.00 $ 6,250.00 Ecobee Year 1 Total $ 62,720.50 Year 2 Forecast (Maintenance)** $ 24,637.50 **Year 2 costs are subject to renewal of the Agreement. DocuSign Envelope ID: 46A818C5-C0E2F442-DC4E-DF17-4499-45FA-965C-B4B7-3C84E53CFFB5 8E7BC8328593