HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9201518Official Purchasing Document
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Service Agreement with Red Flags & Confidentiality
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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 FASSLER CONSULTING, LLC, hereinafter referred to as "Advisor".
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 Advisor agrees to provide services in accordance with the scope of
services attached hereto as Exhibit A, consisting of six (6) pages and incorporated herein
by this reference. Irrespective of references in Exhibit A to certain named third parties,
Advisor shall be solely responsible for performance of all duties hereunder.
2. Contract Period. This Agreement shall commence October 5, 2020 and shall continue in
full force and effect until October 4, 2021, 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 4 (four) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. Written notice of renewal shall be
provided to the Advisor and mailed no later than thirty (30) days prior to contract end.
3. 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 Advisor must provide
written notice to the City of such condition within fifteen (15) days from the onset of such
condition.
4. 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 Advisor. 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:
Advisor: City: Copy to:
Fassler Consulting, LLC
Attn: John Fassler
1316 Teakwood Drive
Fort Collins, CO 80525
City of Fort Collins
Attn: Kim DeVoe
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 Advisor shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Advisor's
obligations under this Agreement. Such payment shall be the Advisor's sole right and
remedy for such termination.
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5. Contract Sum. The City shall pay the Advisor for the performance of this Contract, subject
to additions and deletions provided herein, per the attached Exhibit C, consisting of two (2)
pages, and incorporated herein by this reference.
6. 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.
7. Independent Advisor. The services to be performed by Advisor are those of an independent
advisor and not of an employee of the City of Fort Collins. The City shall not be responsible
for withholding any portion of Advisor's compensation hereunder for the payment of FICA,
Workmen's Compensation or other taxes or benefits or for any other purpose.
8. Subcontractors. Advisor 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 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 Advisor.
9. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Advisor and that this Agreement shall be considered as an agreement
for personal services. Accordingly, the Advisor shall neither assign any responsibilities nor
delegate any duties arising under the Agreement without the prior written consent of the
City.
10. 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.
11. Warranty.
a. Advisor 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. Advisor warrants all equipment, materials, labor and other work, provided under this
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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 Advisor 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 Advisor in a manner and at a time
acceptable to City.
12. 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.
13. 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.
14. 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.
15. Indemnity/Insurance.
a. The Advisor 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 Advisor shall take all necessary precautions in performing the work hereunder to
prevent injury to persons and property.
c. Without limiting any of the Advisor's obligations hereunder, the Advisor 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 D, consisting of one (1)
page, attached hereto and incorporated herein by this reference. The Advisor before
commencing services hereunder, shall deliver to the City's Purchasing Director, 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.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
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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.
17. 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Advisor represents and agrees that:
a. As of the date of this Agreement:
1. Advisor does not knowingly employ or contract with an illegal alien who will perform
work under this Agreement; and
2. Advisor 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. Advisor 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. Advisor 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 Advisor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Advisor shall:
1. Notify such subcontractor and the City within three days that Advisor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien;
and
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 Advisor 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. Advisor 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
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Subsection 8-17.5-102 (5), C.R.S.
f. If Advisor 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, Advisor shall be liable for actual and consequential damages to the
City arising out of Advisor’s violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Advisor violates this provision
of this Agreement and the City terminates the Agreement for such breach.
19. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of three (3)
pages, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
FASSLER CONSULTING, LLC
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
DocuSign Envelope ID: D96FEDC6-E63D-4F87-BEB9-78572825340C
10/6/2020
Owner
John Fassler
Assistant City Attorney ll
10/13/2020
City Clerk
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EXHIBIT A
SCOPE OF SERVICES
Program Summary
Epic Homes Assessments is a residential energy efficiency assessment program (“Program”)
administered by Fort Collins Utilities (Utilities). Eligible housing types in this Program are
residential single-family detached and attached housing (duplexes and townhomes), excluding
stacked multifamily units and condos. Both owner-occupied and rental properties are eligible.
Advisor shall provide assessment services to customers participating in the Program, including
but not limited to, efficiency assessments, advising, rebate identification and assistance, referring
Service Providers for customer proposals to perform the work, and preparation and delivery of
assessment reports (collectively, “Assessment”). Assessments are partially funded through
rebates from Xcel Energy when performed for eligible customers.
Program Goals and Objectives for Fort Collins Utilities
Annual Program goals are a total of 600 Assessments among all Advisors, utilizing the customer
services listed below.
The primary objective of the Program is to ensure that the customer expectations of comfort,
health, and savings are met, based on the latest in building science best practice. It is designed
to achieve the following goals:
1. Customers are provided with a simple, timely and effective process for making home
improvements which improve indoor air quality and safety, decrease energy and water
use, and improve occupant comfort.
2. A high commitment to meeting Program installation standards, which are based on quality
and building science-based best practices.
3. Customers are provided accurate, unbiased information to help them select healthy, safe,
and energy and water improvement measures.
4. Customers are assisted in connecting with a Service Provider that will best meet their
needs, uphold Program installation standards, and achieve a high rate of project
implementation.
5. Energy savings as a result of conducting the Assessment are realized by Utilities.
Program Assessment Paths
The Program offers two Assessment paths:
Home Check-Up Path
Advisor performs tests, informs the customer regarding their home’s current performance,
and suggests identified health and safety concerns, and energy and/or water efficiency
retrofit potentials, and gathers relevant data to create a current Home Energy Score (HES)
under the partnership agreement between Utilities and the United States Department of
Energy (DOE).
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Streamlined Path
Use of the Streamlined Path eliminates the need for bidding and the selection of a Service
Provider for the customer’s procurement of insulation, air-sealing, and mechanical
ventilation upgrades.
Advisor performs tests, informs the customer regarding their home’s current performance,
and suggests identified health and safety concerns, and energy and/or water efficiency
retrofit potentials and gathers relevant data to create a current HES under the partnership
agreement between Utilities and the DOE.
Platte River Power Authority (PRPA) works with insulation and air-sealing Service
Providers in the Program to agree upon common pricing for insulation and air-sealing
measures and products.
Advisor offers the customer standardized pricing for insulation and air sealing upgrades
presented as “Good, Better and Best” packages, with an estimated monthly price for each
package calculated using sample interest rates and terms. The report is created and
presented to the customer while in the home.
When a Customer agrees to move forward with an upgrade, Advisor will send work order
to the Service Provider identified by PRPA’s software system and algorithm.
Advisor will verify the Service Provider’s proposal to the customer is accurate with the work
order, agreed upon pricing, Program installation standards, and rebate requirements per
Efficiency Works Homes Assessment Handbook (Handbook).
Advisor Scope of Services
Advisor will meet the requirements below and perform Assessment services including efficiency
Assessments (either Home Check-Up Path or Streamlined Path) for existing home structures,
and other assistance such as advising customers regarding home improvement upgrades related
to the assessment and available rebates (collectively, “Services”), and the data collection and
measuring of the home for a HES.
Requirements
1. Advisor will attempt to accommodate a customer’s availability for an assessment and may
work outside of the regular 8 a.m. to 5 p.m. Monday through Friday work schedule (e.g.,
Saturdays).
2. Advisor will be available from 8 a.m. to 5 p.m. throughout the week. Advisor will be
available by appointment outside of that time to attempt to accommodate a customer’s
availability for further advising.
3. Advisor shall provide the customer with contact information for Utilities programs outside
of Efficiency Works. Advisor shall also contact Utilities staff for any customer questions
they cannot answer related to Utilities programs.
4. Advisor shall notify Utilities of any incident involving a dissatisfied customer, damage to
customer property, or any other similar incident occurring during an assessment within
one working day of incident.
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5. Advisor will be registered with Xcel Energy in Colorado to be able to perform energy
Assessments for Xcel Energy residential customers and qualify for the Xcel Energy
Assessment rebate.
6. Advisor must comply with all Federal, State and local codes and regulations, ordinances
and have the appropriate licenses for the Services performed.
7. Advisor staff will meet minimum individual qualifications: Certification as a BPI Building
Analyst Professional and/or HERS Rater with at least three years’ experience providing
similar energy Assessments for a public utility or other certification-based programs.
8. Advisor will have three (3) years of experience in not only performing energy
Assessments, but also will have one (1) year of sales or retrofit efficiency experience
creating and pricing scopes of work. Exceptions to these requirements can be approved
by Utilities in writing.
9. Advisor shall be DOE certified to create a HES as part of the Assessment report (or will
have up to six months from the effective date of this Agreement to become certified).
10. At customer sites, Advisor staff must be wearing Epic Homes-branded clothing and
identification badge, provided by Utilities.
11. Advisor shall sign Utilities’ “Professionalism Guidelines & Contact with Customers”
agreement, attached hereto and incorporated herein as Exhibit B, consisting of one (1)
page, and acknowledges that failure to ensure compliance therewith may result in
termination of the Agreement.
12. Advisor will follow the guidelines in the Handbook, as provided by PRPA, and health and
safety guidelines. Advisor acknowledges that the Handbook and health and safety
guidelines may be updated from time to time to meet Program needs.
13. Advisor will provide unbiased assistance to customers when providing a list of Service
Providers or reviewing their proposals.
14. Advisor will use Epic Homes logos approved by Utilities on their professional
correspondence and other pertinent promotional materials in relation to the Program. Use
of materials to promote non-Epic Homes related programs, other than Efficiency Works
Homes legacy assessments and virtual assessments, may result in the removal from the
Program at Utilities’ discretion.
15. Advisor will support project data verification and rebate requirements when necessary.
16. COVID-19 Compliance: The Advisor shall comply with all state, county, and local laws,
ordinances, and public health orders established to reduce the spread of COVID-19, as
applicable. The Advisor shall require employees and subcontractors to perform an
assessment of potential symptoms and restrict anyone demonstrating COVID-19
symptoms from reporting to the job site. Advisor must organize work to ensure
individuals meet program manual requirements to minimize contact and maximize social
distancing. Individuals must wear all standard worksite personal protective equipment
(PPE). In addition, individuals should wear a mask or cloth face covering consistent with
OSHA and other applicable requirements as outlined in the Program safety procedures,
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to be provided by Utilities.
Advisor Assessment Services
Home Check-Up Path Assessment - Advisor will perform tests, inform customer regarding their
home’s current performance, and suggest identified health and safety concerns, and energy
and/or water efficiency retrofit potentials. Advisor will create a report for the customer regarding
their home’s current performance, and suggest identified health and safety concerns, and energy
and/or water efficiency retrofit potentials. Advisor will also:
1. Provide the in-home Assessment with the customer at scheduled time after receiving
notification from Program Call Center (Call Center). Call Center and Program will
attempt to distribute customer enrollments equitably among the Advisors.
2. Provide up to one (1) hour of upfront advising for customers that request it, or a virtual
assessment for customers that are not comfortable with an advisor coming into their
home due to health or environmental reasons.
3. Perform data collection per Handbook and HES guidelines.
4. Provide customer, Utilities, iEnergy, and Xcel Energy assessment paperwork within
timeframe outlined in the Handbook.
5. Provide direct install measures, per Handbook guidelines.
6. Provide customer with folder containing additional Program materials. Note: Utilities
will provide folder to Advisor.
7. Make a minimum of three attempts to reach customer after providing an Assessment
report to ask if they have any questions regarding the report or have any additional
questions regarding next steps (note all contact attempts and communication in
Program software at project level).
8. Offer and provide customer list of Service Providers.
9. Upon customer’s selection of Service Provider and request for assistance to Advisor,
provide customer up to two (2) hours of consultation to review and advise on Service
Provider scope of work. Total time for upfront advising and Program consultation shall
not exceed two (2) hours without Utilities approval.
10. Offer to inform customer of available rebates and incentives, including Epic Loan and
Elevations HELP Loan financing options.
Streamlined Path Assessment – In addition to the tasks required in performing the above Home
Check-Up Path Assessment, when a Streamlined Path Assessment is requested, the Advisor will
also:
1. Take additional measurements per data collection procedures in the Handbook to
generate a streamlined Assessment report and present it after the Assessment while
still in the home.
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2. Customer report presentation will include recommended insulation and air sealing
upgrades using standardized pricing, offering “Good, Better, and Best” package
options with the associated monthly cost for each package using Epic Loan financing.
3. When a customer agrees to move forward with an upgrade, Advisor will connect
customer with a Service Provider identified by Efficiency Works Homes software
system and algorithm, and send the customers selected scope of work to that Service
Provider.
4. Advisor will verify that the Service Provider’s scope of work for a contract with the
customer, complies with the Advisor sent scope of work, along with Program
installation standards, and rebate requirements per Handbook.
5. Time to provide customized project package scope of work for the customer after
report is presented shall not exceed two (2) hours without Utilities approval.
Advisor Additional Services
Advisor will perform Additional Services in addition to the above-mentioned Assessment Services,
when requested by the customer. These Additional Services may include the following:
Customer Advising - In addition to the standard communication as part of the Assessment
Services above, there may be instances throughout the Program that Advisor’s advising Services
are requested. Some examples of situations that would require additional advising services that
Utilities foresees includes but is not limited to: customer interaction going beyond the 2-hour total
communication time outlined above, a previous customer asking for additional assistance after
receiving an Assessment at least twelve months prior. To be approved for these Additional
Service payments:
1. Advisor will discuss the situation with Utilities and receive approval.
2. If Customer Advising will exceed (2) two hours, Advisor will request and obtain written
approval from Utilities to continue advising.
Post Improvement HES Rescore:
Once a customer has completed rebate eligible work, and the Service Provider turns in the
rebate, iEnergy will run a report weekly that looks for any Assessment in the system that also
has a new rebate. A list of these jobs will be captured in a report and sent to the Advisor on a
weekly basis. Service Provider will use the list of improvements rebated in Efficiency Works
Homes, and also check for solar projects done for that home (listed in the Green Building
Registry and Acela), and use all those improvements to generate a Rescore of the HES.
Advisor will enter the rescored HES into iEnergy on the Assessment side, which will be reported
to Utilities staff in order to create an Epic Certificate.
Program Advisement and Assistance:
Advisor will provide additional support to the Program when requested, which may include, but is
not limited to, Program analysis, training, and/or general Program assistance.
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Program Roles
Advisors will work closely with Utilities Program staff in delivering Program Services to customers
and Service Providers.
Utilities Program staff will provide:
Marketing and promotion of the Program Assessments.
“Point of contact” for customer inquiries, and to determine customer eligibility.
Management of Advisor’s performance: provide quality control on customer Assessment
reports and tools, including but not limited to, quality assurance, periodic review of
Assessment reports and HES delivered to customers and customer surveys.
Management and creation of customer folders, with delivery to Advisor as needed.
Software for reporting, tracking, and data management.
Customer intake and Advisor referral services. Note: The Call Center intake process will
NOT attempt to determine which assessment path is best suited for the customer. The
Call Center will simply refer the customer to the Advisor, who will make the path
determination.
Coordination of direct install equipment and delivery to Advisor as needed.
Quality Assurance Services
Post Improvement Verification (PIV) -
Advisor will perform site assessments after Service Provider has completed improvements in
customer homes and provide feedback to Service Providers on areas to improve as well as
areas where exceptional work was accomplished. Service Provider will be scored using PIV
spreadsheet. Feedback will be provided using the correction notice template that is currently
Efficiency Works branded.
Mentoring Improvement and Verification (MIV) -
Advisor will be present on job during improvements as they are being completed by Service
Provider. Advisor will provide feedback and score using the same spreadsheet and template as
for a PIV.
MIVs provide an opportunity to train Service Provider on installation procedures as well as
blower door and combustion safety procedures.
Quality Assurance (QA) -
Advisor will perform a site visit as requested by the customer, often to address a customer
complaint. PIV is typically a part of QA, as described above.
HES QA/Mentoring -
Perform on-site QA and mentoring as required by HES. New HES assessors are required to
complete one mentored Assessment to be approved to complete HES Assessments. HES
requires QAs on 5% of assessments.
Project Contact
Kim DeVoe
Energy Services Engineer, Fort Collins Utilities
222 West LaPorte Ave, Fort Collins 80524
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Office: 970-221-6749 Cell: 970-214-1839
kdevoe@fcgov.com
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EXHIBIT B
PROFESSIONALISM GUIDELINES & CONTACT WITH CUSTOMERS
High standards of professionalism are necessary to maintain your good reputation in the
community, and we encourage you to strive for the best in customer service. Our goal is to ensure
that customers are completely satisfied with their Program experience, including their interactions
with participating Advisors. It is expected that Advisors will handle interactions with Program
customers with the utmost respect and professionalism. Fort Collins Utilities reserves the right to
remove an Advisor from the Program, based upon repeated customer complaints related to
customer service or professionalism.
The Program has established the following general guidelines for Advisors:
Respect the customer’s time and be prompt for all appointments. If you expect to be more
than a few minutes late, call the customer and let them know that you’re running late and
when you expect to be there.
Follow through on your commitments to customers, including providing reports in a timely
manner. Do what you say you’re going to do.
Educate all company customer service representatives to provide accurate information to
customers about the Program. The person answering the phone needs to know about the
Program for which you are providing service.
It is important that you respond to requests for information from the Program in a timely
manner. Designate a primary contact for Fort Collins Utilities to reach regarding
homeowner complaints, QC results, and time-sensitive Program information. Someone
must be reachable every day at your company
o Must have a secondary emergency contact in the event that the primary contact is
unreachable
o In the event of a health/safety issue, Advisors MUST be reachable.
Keep in mind that you are being allowed into someone’s home; act as you would want a
stranger to act in your own home. Respect the customer’s home and follow all rules of
the house (i.e. taking off shoes, not parking in the driveway).
If you make a mess of any kind, clean it up immediately.
In addition, to promote the professionalism of the Program, Advisors should refrain from making
disparaging remarks regarding other participating Advisors as well as the Program.
By the signature below, I understand Fort Collins Utilities' policy on Professionalism
Guidelines & Contact with Customers and agree to advise my company's site management of
said policy and demand strict compliance thereto.
By: Date:
Title:
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EXHIBIT C
COMPENSATION
Compensation for Advisor Services
Advisor agrees that the sum of all work associated with this Agreement shall not exceed the
amount on the Purchase Order issued from the City.
Pricing and Advisor Payments
Advisor will be paid for Services per customer and the applicable Assessment Path, which
includes the customer payment and the Assessment Rebate from Xcel Energy, plus any
additional Services (“Total Advising Fee per Customer”). The pricing includes all items listed
under Advisor Scope of Services above. Payments are made as follows:
Customer Payment. Participating customers pay $60.00 fee upon scheduling either a
Home Check-Up assessment or a Streamlined assessment. The Call Center facilitates
customer Payment to the Advisor.
Advisor shall be registered with Xcel Energy in Colorado to be able to perform energy
Assessments for Xcel Energy residential customers and qualify for the Xcel Energy
Assessment rebate. Advisor is responsible for maintaining active status with Xcel Energy
and submitting the required paperwork to Xcel Energy to receive the $200 payment for the
Assessment. Advisor further acknowledges that a failure to meet this requirement may
result in termination of the Agreement. An example of how the $200 Xcel payment is
applied is set forth below.
Utilities Payment. Utilities will pay Advisor for Services for either a Home Check-Up
assessment or a Streamlined assessment upon completion of Assessment report and
when an invoice is submitted to Utilities. Utilities will also pay Advisor for Additional
Services when applicable. *
Assessment Path
and Advising
Total Advising Fee
per Customer
Customer
Payment
Xcel Energy
Assessment
Rebate
Fort Collins
Payment*
Streamlined $600.00 $60.00 $200.00 $340.00
Home Check-Up $410.00 $60.00 $200.00 $150.00
Additional
Services
$80.00 hourly
rate**
$0.00 $0.00 $80.00 hourly rate
Quality
Assurance
Services
$100.00 hourly
rate **
$0.00 $0.00 $100.00 hourly
rate
Notes:
*If customer is not an Xcel Energy gas customer or does not qualify for Xcel Energy
Assessment Rebate (e.g., electric heating), Fort Collins Payment to Advisor will increase
by $200.00.
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**The hourly rate will be paid in 15-minute increments.
Other Compensation
Travel expenses to meeting locations may be reimbursable per the current rates found at
www.gsa.gov.
Invoicing and Payment
Invoices should be emailed by the 10th of each month to invoices@fcgov.com with a copy to the
Project Manager. The cost of the work completed shall be paid to the Advisor each month
following the submittal of a correct invoice by the Advisor indicating the project name, Purchase
Order number, task description, hours worked, personnel/work type category, hourly rate for each
employee/work type category, date of the work performed specific to the task, percentage of that
work that has been completed by task, 3rd party supporting documentation with the same detail
and a brief progress report.
The City pays invoices on Net 30 terms.
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EXHIBIT D
INSURANCE REQUIREMENTS
1. The Advisor 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 Advisor 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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 Advisor, 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 Advisor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the Advisor '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 Advisor shall maintain during
the life of this Agreement for all of the Advisor'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 Advisor 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 $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Advisor 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.
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EXHIBIT E
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Professional under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the confidential information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s confidential information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information which is not
public and/or is proprietary and includes by way of example, but without limitation, City
customer information, utility data, service billing records, customer equipment information,
location information, network security system, business plans, formulae, processes,
intellectual property, trade secrets, designs, photographs, plans, drawings, schematics,
methods, specifications, samples, reports, mechanical and electronic design drawings,
customer lists, financial information, studies, findings, inventions, and ideas.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer
identifiable information in any form, whether or not bearing a mark of confidentiality or
otherwise requested by the City, including but not limited to account, address, billing,
consumption, contact and other customer data. In the case of disclosure in non-
documentary form of non-customer identifiable information, made orally or by visual
inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party,
the obligation to confirm in writing the fact and general nature of each disclosure within a
reasonable time after it is made in order that it is treated as Confidential Information. Any
information disclosed to the other party prior to the execution of this Agreement and related
to the services for which Professional has been engaged shall be considered in the same
manner and be subject to the same treatment as the information disclosed after the
execution of this Agreement with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The City and Professional shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this section, which shall
survive this Agreement as an on-going obligation of the Parties.
Professional shall not use such information to obtain any economic or other benefit for itself,
or any third party, other than in the performance of obligations under this Agreement.
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4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party (1) was generally known to the public through no wrongful act of the
Receiving Party; (2) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (3) has been approved for release by a written
authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law.
5. Required Disclosure.
If the Receiving Party is required (by interrogatories, requests for information or documents,
subpoena, civil investigative demand or similar process, or by federal, state, or local law,
including without limitation, the Colorado Open Records Act) to disclose any Confidential
Information, the Parties agree the Receiving Party will provide the Disclosing Party with
prompt notice of such request, so the Disclosing Party may seek an appropriate protective
order or waive the Receiving Party’s compliance with this Agreement.
The Receiving Party shall furnish a copy of this Agreement with any disclosure.
6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any
person, directly or indirectly, nor use it in any way, except as required or authorized in
writing by the City.
7. Red Flags Rules.
Professional 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, Professional 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 City.
8. Data Protection and Data Security.
In addition to the requirements of paragraph 7, Professional shall have in place information
security safeguards designed to conform to or exceed industry best practices regarding the
protection of the confidentiality, integrity and availability of utility and customer information
and shall have written agreements requiring any subcontractor to meet those standards.
These information security safeguards (the “Information Security Program”) shall be
materially consistent with, or more stringent than, the safeguards described in this Exhibit.
a) Professional’s information security safeguards shall address the following elements:
Data Storage, Backups and Disposal
Logical Access Control (e.g., Role-Based)
Information Classification and Handling
Secure Data Transfer (SFTP and Data Transfer Specification)
Secure Web Communications
Network and Security Monitoring
Application Development Security
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Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
Incident Response
Vulnerability Assessments
Hosted Services
Personnel Security
b) Subcontractors. Professional may use subcontractors, though such activity shall not
release or absolve Professional from the obligation to satisfy all conditions of this
Agreement, including the data security measures described in this Exhibit, and to require
a substantially similar level of data security, appropriate to the types of services provided
and Customer Data received, for any subcontractor Professional may use. Accordingly,
any release of data, confidential information, or failure to protect information under this
Agreement by a subcontractor or affiliated party shall be attributed to Professional and
may be considered to be a material breach of this Agreement.
9. Confidential Information is not to be stored on any local workstation, laptop, or media such
as CD/DVD, USB drives, external hard drives or other similar portable devices unless the
Professional can ensure security for the Confidential Information so stored. Work stations or
laptops to be used in the Work will be required to have personal firewalls on each, as well as
have current, active anti-virus definitions.
10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply
during the term of the Work and at any time thereafter unless specifically authorized by the
City in writing.
11. If Professional breaches this Agreement, in the City’s sole discretion, the City may
immediately terminate this Agreement and withdraw Professional’s right to access
Confidential Information.
12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical
forms of media in which Confidential Information is contained, including but not limited to
writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of
the Disclosing Party and, upon request, shall be promptly returned, together with all copies
thereof to the Disclosing Party. Upon such return of physical records, all digital and
electronic data shall also be deleted in a non-restorable way by which it is no longer
available to the Receiving Party. Written verification of the deletion (including date of
deletion) is to be provided to the Disclosing Party within ten (10) days after completion of
engagement, whether it be via termination, completion or otherwise.
13. Professional acknowledges that the City may, based upon the representations made in this
Agreement, disclose security information that is critical to the continued success of the City’s
business. Accordingly, Professional agrees that the City does not have an adequate remedy
at law for breach of this Agreement and therefore, the City shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent
jurisdiction to enjoin or remedy any violation of this Agreement.
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