HomeMy WebLinkAbout5.1036 AmendmentWHEREAS the City of Port Angeles and Fluid entered into the Simple Steps, Smart Savings Promotional Services Agreement,
which has an effective date of May 19, 2010; and
WHEREAS the City of Port Angeles and Fluid entered into Project Order -3.3, which has an effective date of May 31, 2011; and
WHEREAS the section of Project Order -3.3 titled Compensation for the Services has been revised as outlined in the table below;
therefore
IT IS AGREED the Compensation for the Services has been revised as follows:
Compensation for the Services
Product Description Administrative Fee Installation Fee
CFL Twist 13 -15 Watt
CFL Twist 23 -26 Watt
CFL Reflector
CFL Globe
Fixed Showerhead
Handheld Showerhead
*Prices do not include sales tax and are subject to change.
IT IS FURTHER AGREED that except as amended above, all of the terms in Project -3.3 will remain in full force and effect.
IN WITNESS WHEREOF, each of the representatives executing this Contract on behalf of the City of Port Angeles warrant he /she is
an authorized signatory of the entity for which he /she is signing, and has sufficient corporate authority to execute this Contract.
Accepted By: City of Port Angeles
Please Print Name
Stnature
Title
AMENDMENT NO. 2 TO PROJECT ORDER -3.3
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
—1„.'2, 4.1 l(
Date
$2.25
$2.00
$2.25
$2.25
$8.00
$8.00
Product Cost* Total Cost Per Unit
$1.56
$2.32
$3.34
$3.14
$3.50
$8.98
Approved by: Fluid Market Strategies
Signature
Title
$4.16
$4.67
$5.94
$5.74
$11.85
$17.33
Date
51(336,
Project Order Title
Simple Steps, Smart SavingsTM
This Project Order is entered into pursuant to the terms and conditions of the Pr motion Services Agreement
between City of Port Angeles and Fluid Market Strategies, Inc., dated 7A26
2011.
Fluid's Objective
To implement a successful retail promotion for the Simple Steps, Smart Savings promotion.
Scope of Services
The Simple Steps, Smart Savings Promotion will increase sales of ENERGY STAR® CFLs, ENERGY STAR® indoor
hard -wired lighting fixtures and energy saving showerheads in the marketplace. This goal will be accomplished
by providing an incentive of $0.50 per general purpose CFL (twist, A- lamp), and incentive of $2.00 on specialty
CFL products (Reflectors, Globes, Candelabras, Torpedoes, 3 -way, outdoor lighting), $8.00 on indoor hard -wired
lighting fixtures, an incentive of $7.00 on showerheads (2.0 gpm or less) and an administrative fee of $0.25 per
unit.
Administrative Support
Services shall include development, delivery and facilitation of projected unit movement of identified SKUs at
approved retail locations. Fluid staff will receive retail sales reports from partnering retailer locations and
monitor sales reports into a proprietary tracking and reporting database.
Marketing Services
Fluid will design and produce retail Point of Purchase (POP) materials for participating retail locations, including
those in City of Port Angeles territory. Marketing materials will be delivered directly to the stores by the Fluid
field representatives. Field representatives will support participating retail stores in City of Port Angeles
territory, provide on -site merchandising, sales associate training and event staffing.
Reporting
Minimum reporting requirements will include:
City of Port Angeles will receive detailed electronic reports of promotional product sales once a month.
Sales will be distinguished by retail location and individual product SKUs. This data can be provided in a
hard copy along with the monthly invoice if requested.
Invoices for promotional product sales and administrative costs per unit sold within the prior month will
be sent to City of Port Angeles monthly. Invoicing is dependent upon Fluid Market Strategies, Inc.
receiving sales data reports from manufacturer /retailer partners in a timely manner; sales data is due
from manufacturer on the 15 of each month. However, City of Port Angeles will be invoiced by Fluid
Market Strategies, Inc. within 10 working days of receipt of sales data.
Additional necessary reporting requirements will be communicated to Fluid as they are identified
Store List Allocations
See Attachment A
MGSA LGL 019 EXH B
Project Order -02.2
Contractor's Authorized Representative
Megan McCabe 503.808.9003x106
mmccabec fluidms.com
1
EXHIBIT B
TO PSA
Incorporated Documents (Note: In the event of any conflict between the terms and conditions contained in this Project Order and those set
forth in any Incorporated Documents, the terms and conditions of this Project Order shall prevail.)
Compensation for the Services
Contractor shall be compensated for the Services described above as follows:
City of Port Angeles commits to fund the following product(s):
ENERGY STAR® CFLs
Promotional showerheads
ENERGY STAR® rated indoor hard -wired lighting fixtures
And for the product(s) selected above commits to:
(Select one funding option)
Commencement Date
Additional funding of 74,000 for promotional products selected above.
Time of Performance for the Services
Except as provided herein, all terms and conditions of the Master Promotion Services Agreement referenced above shall be
incorporated into and become a part of this Project Order.
Accepted By: City of Port Angeles
G /C, 4 A a ez
Please Print Name
Signature
Completion Date
May 19, 2010 January 31, 2012
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MGSA LGL 019 EXH B
Date
Approved by: Fluid Market Strategies
Marts lr. r. y...
In the course of performing the work, Fluid Market Strategies "Fluid may be given access by the City of Port Angeles to
confidential and /or proprietary commercial, technical, and financial information ('information Fluid agrees not to
disclose or otherwise make the Information available to other third parties, and to maintain reasonable security
procedures and practices that comply with the Federal Trade Commission Red Flags Rules as part of Fair and Accurate
Credit Transactions Act of 2003 appropriate to the nature of the Information. Fluid may use Customer's energy
consumption information as necessary to detail the results of the Project providing that each Customer has authorized
the City of Port Angeles to release such information as stipulated in the project Agreement.
Accepted By: Fluid Market Strategies
m.C4 beJ
Please Print Nan,
Sig re
Title P-61
PSA EXH B
Project Order 3.3
Amendment 1— Nondisclosure Agreement
14 1
Date
1