HomeMy WebLinkAboutCORRESPONDENCE - AGREEMENT MISC - OPOWER (PKA POSITIVE ENERGY INC) (4)Rev 06/2009
December 30, 2013
OPOWER, INC.
Attn: Mr. Chris Patton
1515 N. Courthouse Rd, 8th Floor
Arlington, VA 22201
RE: renewal: misc. service agreement for delivery of Home Energy Reports, The Energy Insider
Website and Program Reports for the City of Fort Collins
Dear Mr. Patton:
The City of Fort Collins wishes to extend the agreement term for the above captioned proposal
per the existing terms and conditions and following, as well as the revised Scope of Services in
Exhibit “A”:
1). Section 16.f. of the Agreement is amended to read in its entirety:
f. Confidentiality: Professional acknowledges that the City and Fort Collins Utilities are
public entities subject to the provisions of the Colorado Public Records Act, C.R.S. §24-72-201
et seq. Any information submitted to the City by the Professional that the Professional deems
confidential and/or proprietary will be designated as confidential and proprietary by the
Professional at the time of disclosure. In the course and scope of the Services being performed
under this Agreement, Professional may be provided, or by way of presence on City’s premises
or by use of or access to the City’s computer system have access to information that is City’s
customer’s confidential information. In addition to the above Professional acknowledges that the
City is subject to the provision of the Fair and Accurate Credit Transactions Act of 2003
(“FACTA”) 15 U.S.C. § 1681 et seq. In the event that during the performance of the Services,
Professional detects unusual activity or breaches, or attempted breaches, in data security in
relation to a City customer’s account, including the web-based services provided pursuant to
this Agreement, Professional will promptly notify the City. Despite any provision to the contrary,
any customer information, including but not limited to, names, addresses, telephone numbers,
or personal financial information of past or present customers is deemed Confidential
Information, whether or not it is marked as confidential information. Professional agrees that is
shall not use, commercialize or disclose such Confidential Information to any person or entity,
except to its own employees or subcontractors having a “need to know”; provided that, in the
case of subcontractors, Professional shall provide them with a copy of this paragraph and the
subcontractor must agree to abide by its terms. The recipient shall hold and not engage in any
use or disclosure of confidential information not expressly provided for in this Agreement. In the
event any Party to this Agreement receives a request for such confidential and/or proprietary
information from a third party, notice thereof shall promptly be given to the other Parties to this
Agreement. The recipient shall take all reasonable steps to prevent any unauthorized
possession, use, transfer or disclosure of such confidential information. Should the recipient
learn of any such unauthorized possession, use, transfer or disclosure, it shall promptly notify
the other Parties to this Agreement. If requested, the recipient shall deliver to the other Parties
to this Agreement all confidential information (including all copies) disclosed to it with respect to
this Agreement. The disclosure provision of this section shall not apply to information that a) the
parties had in their possession prior to disclosure by any other party to this Agreement; b)
Finance Services
Purchasing Division
215 N Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707 – fax
Fcgov.com/purchasing
DocuSign Envelope ID: FDE5CC1C-F112-4932-B894-AE00569A6F54
Rev 06/2009
becomes public knowledge through no fault of Professional; c) the recipient lawfully acquires
from a third party not under an obligation of confidentiality to the disclosing party; or d) is
required to be disclosed by law or court order. In the event that the Professional ceases to
perform services for the City, or the City so requests for any reason, the Professional
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 receiving party understands
and agrees that the disclosing party’s remedies at law for a breach of the receiving party’s
obligations under this Confidentiality provision may be inadequate and that the disclosing party
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.
Initial Date
The term will be extended for three (3) months, from March 1, 2014 through May 31, 2014.
If the term extension is acceptable to your firm, please sign this letter in the space provided and
return all documents to the City of Fort Collins, Purchasing Division, P. O. Box 580, Fort Collins,
CO 80522, within the next fifteen days.
If this extension is not agreeable with your firm, we ask that you send us a written notice stating
that you do not wish to renew the contract and state the reason for non-renewal.
Please contact Pat Johnson, CPPB at (970) 221-6816 if you have any questions regarding this
matter.
Sincerely,
Gerry S. Paul
Director of Purchasing and Risk Management
__________________________________________ ________________
Signature Date
(Please indicate your desire to renew Miscellaneous Agreement – Opower pka Positive Energy
by signing this letter and returning it to Purchasing Division within the next fifteen days.)
GSP:ll
DocuSign Envelope ID: FDE5CC1C-F112-4932-B894-AE00569A6F54
12/31/2013
12/31/2013
Rev 06/2009
Exhibit A
SCOPE OF SERVICES
1. Extension of the current program
a. Opower and Utility agree to extend the Access Term for the provision of the Opower
Home Energy Reporting Program (including the Opower Website Portal, the Customer
Service Application, Program Reports, and Printed Opower Energy Reports), as
described in the Agreement and the Statements of Work issued thereunder, for a period
of three (3) additional months.
b. Specifically, Opower shall continue to provide the Opower Energy Reporting System
Suite for up to 50,000 Designated Households from January 1, 2014 through March
31, 2014. Such Designated Households will be sent an average of 1 Home Energy
Reports (HERs) and will be provided access to the Opower Website Portal during this
term.
c. The term of the Agreement will be extended by 3 months (to May 31, 2014), unless
the Agreement is earlier terminated in accordance with the Agreement. The additional
two months beyond the end of the Access Term is required in order for Opower to
provide program reporting.
2. Targeted Number of Customers
Opower will target up to 50,000 customers for this fee.
3. Total Fee Not to Exceed
a. Utility shall pay Opower $133,750 upon execution of this Contract Renewal.
b. Fee calculation for Print Management, Printing & Mailing is based upon one-page
double-sided 8.5” by 11” Home Energy Reports delivered via USPS at applicable freight
and postage prices. Opower may increase the fees by not more than an amount equal to
any rate increase attributable to a change of mail classification by USPS and/or the
percentage increase of the USPS rate at the applicable mail classification.
c. Additional services may be subject to additional Fees as quoted by Opower.
d. All fees are non-refundable except as expressly provided herein.
DocuSign Envelope ID: FDE5CC1C-F112-4932-B894-AE00569A6F54
Certificate of Completion
Envelope Number: FDE5CC1CF1124932B894AE00569A6F54 Status: Completed
Subject: CORRECTION: Renewal letter for misc. SA with Opower
Source Envelope:
Document Pages: 3 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Louisa Liu
AutoNav: Enabled
EnvelopeId Stamping: Enabled
215 N Mason St
Fort Collins, CO 80524
lliu@fcgov.com
IP Address: 198.59.47.100
Record Tracking
Status: Original
12/31/2013 8:34:46 AM PT
Holder: Louisa Liu
lliu@fcgov.com
Location: DocuSign
Signer Events Signature Timestamp
Pat Johnson
pjohnson@fcgov.com
CPPO, Senior Buyer
City of Fort Collins
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.59.47.100
Sent: 12/31/2013 8:38:16 AM PT
Viewed: 12/31/2013 9:17:58 AM PT
Signed: 12/31/2013 9:18:26 AM PT
Consumer Disclosure:
Not Offered
ID:
Gerry Paul
gspaul@fcgov.com
Director of Purchasing & Risk Management
City of Fort Collins
Security Level: Email, Account Authentication
(None)
Using IP Address: 198.59.47.100
Sent: 12/31/2013 9:18:28 AM PT
Viewed: 12/31/2013 9:20:39 AM PT
Signed: 12/31/2013 9:20:50 AM PT
Consumer Disclosure:
Not Offered
ID:
thomas kramer
chris.patton@opower.com
Security Level: Email, Account Authentication
(None)
Using IP Address: 72.83.41.246
Sent: 12/31/2013 9:20:51 AM PT
Viewed: 12/31/2013 11:14:39 AM PT
Signed: 12/31/2013 11:28:00 AM PT
Consumer Disclosure:
Accepted: 12/31/2013 11:26:36 AM PT
ID: 076cc017-bf58-4600-9961-bbf3a88ba504
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Louisa Liu
lliu@fcgov.com
Administrative Aide
City of Fort Collins
Security Level: Email, Account Authentication
(None)
Sent: 12/31/2013 11:28:01 AM PT
Resent: 12/31/2013 11:28:03 AM PT
Viewed: 1/21/2014 12:07:22 PM PT
Consumer Disclosure:
Not Offered
ID:
Pat Johnson
pjohnson@fcgov.com
CPPO, Senior Buyer
City of Fort Collins
Security Level: Email, Account Authentication
(None)
Sent: 12/31/2013 11:28:01 AM PT
Viewed: 12/31/2013 12:16:23 PM PT
Consumer Disclosure:
Not Offered
ID:
John Phelan
jphelan@fcgov.com
Security Level: Email, Account Authentication
(None)
Sent: 12/31/2013 11:28:01 AM PT
Viewed: 1/2/2014 8:16:07 AM PT
Consumer Disclosure:
Not Offered
ID:
Notary Events Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/31/2013 11:28:01 AM PT
Certified Delivered Security Checked 12/31/2013 11:28:01 AM PT
Signing Complete Security Checked 12/31/2013 11:28:01 AM PT
Completed Security Checked 12/31/2013 11:28:01 AM PT
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How to contact City of Fort Collins:
Consumer Disclosure created on: 10/15/2013 6:07:04 PM
Parties agreed to: thomas kramer
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