HomeMy WebLinkAbout5.1036 Original ContractProject Name
Contract Period
Client Name
Client Representative
Telephone Number
Address
City, State, Zip
Contractor Name
Telephone Number
Address
City, State, Zip
Taxpayer Identification Number
Simple Steps, Smart Savings.
Promotion Services Agreement
1 Simple Steps, Smart Savings.
I April 1, 2010- January 31, 2012
Fluid Market Strategies, Inc.
503 808 -9003
517 SW 4 Ave Suite 400
Portland, OR. 97204
20- 3767308
This Promotion Services Agreement "Agreement is entered into as the /day of
2010 between the City of Port Angeles, 321 East 5 Street, Port Angeles, Washington 9836 and
Fluid Market Strategies, Inc. 517 SW 4 Avenue Suite 400, Portland, Oregon 97204, hereinafter
called "Contractor The City of Port Angeles and Contractor may also hereinafter be referred to
individually as, "Party or collectively as, "Parties This Agreement shall remain in force only for
the duration of the period specified below, unless extended in accordance with this Agreement
(Term). All obligations incurred under this Agreement shall survive the Term until satisfied.
City of Port Angeles
Bob Kajfasz
360 417 -4718
321 East 5 Street
Port Angeles, Washington 98362
The following Exhibits to this Agreement, if any, are by this reference incorporated into and made
part of this agreement by the following attachments:
Exhibit A- Schedule of Rates
Exhibit B- Project Orders, including Attachment A -Store List Allocations
Incorporated Documents, if any
1. Scope of Services
This agreement sets forth the terms and conditions which shall govern services that from time to
time, during the Term hereof, may be requested by the City of Port Angeles and agreed to by
Contractor (the "Services However, execution of this Agreement does not obligate either Party
to request or perform any specific services. The City of Port Angeles makes no representation to
Contractor of the amount of Services, if any, which may be requested from Contractor under this
Agreement.
This Agreement covers the services specified in Exhibit B- Project Orders, which is hereby
included and made a part of this Agreement. The Contractor agrees to perform the services
specified in Exhibit B in the manner and within the time specified therein. Except as expressly
6, i a .3 6
1
provided elsewhere in the Agreement, any and all modifications or revisions to Exhibit B
(including, but not necessarily limited to, additions, deletions, and extensions) must be in writing
and signed by both parties.
The scope of services offered by Fluid enable the City of Port Angeles to customize promotional
delivery mechanisms for the Simple Steps, Smart Savings Promotion in their service territory.
These promotions include retail markdown promotions, builder channel promotions, direct mail
fulfillment, online fulfillment, bulk purchase, and direct installation opportunities of the following
products:
Twist CFLs: Regular Twists, Daylight Twists, A -Lamps
Specialty CFLs: Reflectors, Globes, Candelabras, Torpedoes, Outdoor Lighting
Fixtures: Indoor Hard -Wired Fixtures
Showerheads: 2.0 GPM or less
Participation in any or all of the delivery mechanisms is determined by the City of Port Angeles
and agreed upon with individual purchase orders (Exhibit B). Each purchase order will define the
process and fees associated with the approved delivery mechanisms which the City of Port
Angeles agrees to by signing the agreement and individual purchase order.
2. Term of Agreement
The effective date of this Agreement (Term) is April 1, 2010 and continues in effect until the 31st
of January, 2012, unless the Parties agree in writing to extend the Term, or unless this Agreement
is earlier terminated in accordance with the Early Termination provisions below.
3. Compensation and Payment
The Parties shall specify in each Project Order executed pursuant to this Agreement the method
of compensation and manner of payment for Services provided pursuant to this Agreement the
method of compensation and manner of payment for Services provided pursuant to that specific
Project Order.
Compensation shall be determined on the basis of the administrative fee and unit prices. Such
rates or prices shall be specified in each Project Orders along with any not -to- exceed amount
applicable to the Services.
Payment for services pursuant to a Project Order shall be made as follows:
a) Upon completion of the Services described herein, Contractor shall submit a monthly
invoice with attached expenses to the City of Port Angeles and to the attention of:
City of Port Angeles
Attn: Bob Kajfasz
321 East 5 Street
Port Angeles, Washington 98362
u
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The invoice must be itemized to show incentives processed and related administrative fees
charged. The City of Port Angeles will pay the undisputed portion of the invoice within thirty (30)
days of the receipt.
4. Documentation
The Contractor shall maintain records documenting all fees and expenses in excess of $5.00,
incurred either by Contractor or any subcontractor of Contractor in the performance of this
Agreement. During regular business hours and upon reasonable notice, the City of Port Angeles,
or its designee, shall have the right to inspect and audit all records required to be maintained
under this Agreement.
5. Insurance
The Contractor, and any subcontractor engaged by Contractor in its performance of this
Agreement, shall carry and maintain fully paid commercial general liability, automobile liability
and workers compensation insurance. All policies shall be written only by insurers admitted to
do business in Washington and having a rating of at least "A" and a financial rating of at least
"VIII" on the most current edition of Best's Key Rating Guide or comparable rating by another
generally recognized rating agency. All policies shall be endorsed to (a) specify the City of Port
Angeles as an additional insured to the full extent of its right to indemnification under this
Agreement, and (b) provide that the City of Port Angeles shall be given no less than thirty (30)
days advance written notice of cancellation or material change in coverage. Certificates of
insurance together with endorsement shall be sent to the City of Port Angeles before work
begins.
Contractor shall obtain the following minimum insurance coverage "Required
Insurance prior to the Effective Date, at its expense, and keep the Required
Insurances in effect during the Term (except with respect to Professional Liability
Insurance, when they shall be kept in effect for a period of the Term plus two years);
Workers' Compensation Insurance in compliance with statutory requirements;
Commercial General Liability Insurance (including contractual liability), on any
occurrence basis, with not less than $1,000,000 per occurrence for bodily injury and
property damage liability, with an annual aggregate limit of $2,000,000;
Professional Liability Insurance, including errors and omissions coverage, with a per
occurrence and aggregate limit of not less than $1,000,000, to protect against all loss
suffered by the City of Port Angeles or third parties, including financial and
consequential loss, caused by error, omission, or negligent acts related to provision of
the Services;
Commercial Automobile Liability Insurance, with a combined single limit, or the
equivalent of not less than $1,000,000 per occurrence, for bodily injury and property
damage with respect to Contractors vehicles, whether owned, hired, or non- owned,
assigned to, or used by Contractor in connection with the Services; and
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The Required Insurances shall be with insurance companies admitted to do business in the state
of Washington and rated "A" or better by Bests Insurance Rating. Contractor shall furnish the
City of Port Angeles with certificates of insurance together with endorsements for each of the
Required Insurances.
The Commercial General Liability, Commercial Automobile Liability, and Umbrella Coverage shall
(i) name the City of Port Angeles, its directors, offices, and employees, as additional insured, (ii)
provide that it is primary insurance with respect to the interests of the City of Port Angeles and
that any insurance maintained by the City of Port Angeles is excess and not contributory, (iii)
include a cross liability and severability of interest clause, and (iv) shall include coverage for
Hazardous Substances.
6. Safety
Contractor will be solely and completely responsible for the training of its employees, agents and
contractors "Personnel and the conditions of the work site, including safety of all persons and
property during the performance of services.
7. Governing Law, Venue and Attorney's Fees
The laws of the State of Washington shall govern this agreement. Exclusive venue in case of legal
suit or action is instituted to enforce compliance with any terms, covenants, or conditions of this
agreement shall lie in Clallam County, Washington. Both parties agree to submit to the personal
jurisdiction of any court of competent subject matter jurisdiction in Clallam County, Washington.
In the event of legal suit or action, including any appeals there from, brought by either party
against the other to enforce any of the obligations hereunder or arising out of any dispute
concerning the terms and conditions hereby created, the losing party shall reimburse the
prevailing party for its reasonable attorney fees and costs incurred in the suit or action including
investigation costs, expert witness fees and costs of depositions. If any part of this agreement is
found to be in conflict with applicable laws, such parts shall be inoperative, null and void so far as
it is in conflict with said laws, but the remainder of this agreement shall be in full force and effect.
S. Good Faith Negotiation /Mediation
Prior to filing suit or initiating arbitration on any dispute, which arises between the Parties under
or relating to this Agreement, the Parties agree to attempt to resolve the dispute through good
faith negotiation. If the dispute cannot be resolved through good faith negotiation, the Parties
agree to hire an independent, trained and mutually acceptable mediator to mediate the dispute.
The cost of the mediator will be shared equally by the Parties. The mediation shall be conducted
at the City of Port Angeles, Washington.
9. Suspension of Work by Utility
The City of Port Angeles may suspend, in writing, all or a portion of Contractors services under
Exhibit B in the event unforeseen circumstances make normal progress in the performance of the
Contractors work inadvisable in the opinion of the City of Port Angeles. Contractor may request
that the work be suspended by notifying the City of Port Angeles, in writing, of circumstances
which are interfering with normal progress of the work. The time for completion of the
remaining work shall be extended by the number of days the work is suspended by the City of
4
Port Angeles, unless both parties can mutually agree upon a new completion time. In the event
the period of suspension exceeds 90 days, the terms of this Agreement shall be subject to
renegotiation; provided, however, that if such renegotiation of a mutually acceptable
replacement contract has not occurred within 180 days after suspension (Renegotiation Period),
then either party may terminate this Agreement in accordance with the early termination
provision hereof, provided further, that the failure to renegotiate this Agreement within the
Renegotiation Period shall not be construed as a breach of the Agreement by either Party.
10. Suspension of Work by Contractor
Contractor may suspend, in writing, all or any portion of its services under this Agreement, but
only if and to the extent the City of Port Angeles, fails to make timely payment in accordance with
the terms of this Agreement. The City of Port Angeles, shall have a period of sixty (60) days from
the date on which payment was due (Cure Period) within which to satisfy any arrearages in
payment. Contractor shall resume performance of any suspended services upon receipt of
payment of any arrearages from the City of Port Angeles, within the Cure Period.
11. Early Termination
Either party shall have the right, but not the obligation, to terminate this Agreement, on sixty (60)
days written notice, in the event the other party's service or performance fails to conform to the
requirements of this Agreement. Contractor shall have the right, but not the obligation, to
terminate this Agreement, effective upon expiration of the Cure Period, in the event the City of
Port Angeles, fails to pay any arrearage within the Cure Period. Either party shall have the right
but not the obligation, to terminate this Agreement in the event work is suspended under this
Agreement for a period in excess of 90 days and no renegotiation of this Agreement has occurred
within the Renegotiation Period. Any right of early termination shall be in addition to, not in
replacement of, any and all rights and remedies a party may have for breach of the Agreement by
the other Party.
12. Subcontractors
Contractor may contract with one or more qualified subcontractors (Subcontractor Agreement)
to perform a portion of the services specified in the Scope of Work; provided, however, that
Contractor shall remain solely responsible to the City of Port Angeles, for all performance under
this Agreement and, provided further, that the City of Port Angeles, shall have no responsibility
for the review or supervision of the work of any subcontractor or for any payment to any
subcontractor. All subcontractor agreements shall require the subcontractor to comply with the
invoicing, insurance, suspension of work, audit, documentation, confidentiality and return of
records obligations imposed on Contractor by this Agreement. No subcontractor shall be
deemed to be a third party beneficiary of this Agreement or to have any other rights under this
Agreement.
13. Relationship of Parties
Contractor is an independent contractor, and this Agreement is not intended to form a
partnership or joint venture between the Parties. Individuals employed by Contractor are not
employees or agents of the City of Port Angeles, nor are Contractors subcontractors employees
or agents of the City of Port Angeles. Each Party is solely responsible for payment of
compensation to its employees and personnel and will withhold and pay to the appropriate
5
authorities all taxes, contributions, and assessments imposed or required under all laws with
respect to payment. The Contractor will require these terms in all agreements with
subcontractors for work undertaken for this Agreement.
14. Return of Records
On termination of the contract, the Contractor will consult with the project manager at the City
of Port Angeles, about whether pertinent records should be returned. If requested, the
Contractor will deliver to the City of Port Angeles, all records, reports, data memoranda, notes
models or publications whether electronic or hard -copy, equipment and supplies of any nature,
and receipts for any and all billing made to the City of Port Angeles, that are in possession or
under control of the Contractor, prepared or acquired in the course of the contract with the City
of Port Angeles. Further, the Contractor agrees not to keep or withhold such information or data,
or reproductions of such information or data that relate to the business activities of the City of
Port Angeles, or to parties in a contract relationship with the City of Port Angeles, Alternatively, if
the return of records and equipment or supplies is not requested, Contractor agrees to retain
these items for three years after the completion of this contract and to notify the City of Port
Angeles, project manager at the end of that time before disposing of them. Contractor shall
include a provision substantially identical to the foregoing in all its Subcontractor Agreements.
15. Indemnification
The Contractor will indemnify, hold harmless, and defend the City of Port Angeles, and, its
officers, employees, agents, representatives, and affiliates (each an Indemnified Party) against
any and all losses, liabilities, damages, claims, suits, proceedings, judgments, assessments, costs,
and expenses (including interest and penalties), and including reasonable attorney fees and
expenses, incurred by the City of Port Angeles, and arising from (i) negligent or wrongful acts or
omissions of the Contractor or of its officers, employees, agents, representatives, subcontractors,
or affiliates of this Agreement, or (iii) any finding, judgment or other determination or settlement
whereby the Contractor is deemed or considered to be the employer of the other Party.
The Parties specifically agree that the provisions of this Section also apply to any claim of injury or
damage to the persons or property of the Contractors employees. Contractor acknowledges and
agrees that, as to such claims, the Contractor, with respect to the City of Port Angeles, hereby
waives any right of immunity which Contractor may have under industrial insurance (Title 51
RCW as amended and under any substitute or replacement statue). This waiver was specifically
negotiated by the Parties, is solely for the benefit of the Parties and their successors and assigns,
and is not intended as a waiver of Contractors right of immunity under said industrial insurance
for any other purpose.
16. Force Majeure
Notwithstanding anything contained in this Agreement to the contrary, neither Party will be
deemed liable or to be in default for any delay or failure in performance under this Agreement
deemed to result from acts of God, acts of civil and military authority, acts of public enemy, war,
or any like cause beyond the Parties reasonable control.
17. Severability
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Should any provision of this Agreement be held by a tribunal of competent jurisdiction to be
invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
18. Notices
Notices required to be made under this Agreement shall be served personally, by facsimile
transmission, by overnight courier to the address shown above, or by email, with a duplicate sent
by certified mail, return receipt requested. Notice shall be effective only upon receipt by the
party being served.
Effective Date and Term
This Agreement, including its exhibits, shall be effective immediately upon execution by both
parties.
the
(I) of Port Angeles Fluid Market Strategies
a,„Ji' f.tze,
Signature
/2,a...._, ,p f gc
Name
Name
0✓l C f'LY A15
g` /9 //d S/l 1 fb
Date Date
7
Exhibit A
Schedule of Rates
The Schedule of Rates includes all Bonneville Power Administration promotional components.
These rates are to be used as a guide for determining promotional involvement and can be
altered through agreed upon terms. These rates do not require that the City of Port Angeles
will be participating in these promotions they are for reference purposes only. The signed
project orders will include the agreed upon rates and unit goals.
Option 1: City of Port Angeles Run Direct Install. Fluid will provide products (bulk purchase) for
the City of Port Angeles staff installation and /or the City of Port Angeles selected installation
team. The City of Port Angeles has the option to utilize marketing materials and trainings. See
bulk purchase pricing.
City of Port Angeles Run Direct Install Pricing:
Product Admin
Cost Fee
Product Description
Direct Install CFL Twist 13 -15 Watt
Direct Install CFL Twist 18 -20 Watt
Direct Install CFL Twist 23 -26 Watt
Direct Install Specialty CFL Reflector
Direct Install Specialty CFL Globe
Direct Install Showerhead
Direct Install CFL Twist 13 -15 Watt
Direct Install CFL Twist 18 -20 Watt
Direct Install CFL Twist 23 -26 Watt
Direct Install Specialty CFL Reflector
Direct Install Specialty CFL Globe
Direct Install Showerhead
$1.19
$1.39
$1.65
$2.88
$2.88
$3.50
$1 19
$1.39
$1.65
$2 88
$2.88
$3.50
$0.22
$0.22
$0.22
$0.22
$0 22
$0.22
$0.30
$0 30
$0 30
$0.30
$0 30
$0.30
Subtotal Shipping
$1.41
$1.61
$1.87
$3.10
$3.10
$3.72
TBD, if needed
TBD, if needed
TBD, if needed
TBD, if needed
TBD, if needed
TBD, if needed
Option 2: City of Port Angeles Run Direct Install. In addition to providing products (Bulk
Purchase), Fluid will provide installer training and reporting materials. If third parties are chosen
by the City of Port Angeles for performing direct installations, Fluid will provide select on -site
verification.
City of Port Angeles Run Direct Install with Training and Verification Pricing:
Product Admin Addt'l City of Port
Product Description Cost Fee Angeles Cost
Installation
$2 25
$2 25
$1.95
$2 25
$2 25
$8.00
Total
$3.74
$3.94
$3.90
$5.43
$5.43
$11.80
1
8
Option 3: Fluid Run Direct Install. Fluid will provide the products and a trained installation team
which may include Fluid staff; industry partners such as contractors and /or retailers with in -home
services.
Fluid Run Direct Install Pricing:
Product Description
Direct Install CFL Twist 13 -15 Watt
Direct Install CFL Twist 18 -20 Watt
Direct Install CFL Twist 23 -26 Watt
Direct Install Specialty CFL Reflector
Direct Install Specialty CFL Globe
Direct Install Showerhead
Product Admin
Cost Fee
$1.19 $0.35
$1.39 $0.35
$1.65 $0.35
$2.88 $0 35
$2.88 $0.35
$3 50 $0.35
Direct Install teams will perform the installation, data collection, a home snapshot and report on
activities .When third parties are utilized for performing direct installs Fluid will provide select on-
site verification.
The home snapshot will include:
Socket Count
Appliance Information
Heating Equipment Information
Bulk Purchase
Capture competitive pricing through our CFL and Showerhead manufacturing partnerships to
purchase product in bulk for events, giveaways, etc.
Bulk Purchase:
Product Description
CFL Twist 13 -15 Watt
CFL Twist 18 -20 Watt
CFL Twist 23 -26 Watt
Specialty CFL Reflector
Specialty CFL Globe
I Showerhead
Product Admin
Cost Fee
handling
Addt'I City of Port
Angeles Cost
Installation
$2.25
$2.25
$2.00
$2.25
$2.25
$8.00
Subtotal
$1.19 $0 20 $1.39
$1.39 I $0.20 $1.59
$1.65 I $0.20 $1.85
$2 88 $0.20 $3.08
$2 88 I $0.20 $3.08
$3 50 I $0 20 $3.70
Total
$3.79
$3.99
$4.00
$5.48
$5.48
$11.85
Shipping
TBD, if needed quoted and
passed through
TBD, if needed
TBD, if needed
TBD, if needed
TBD, if needed
TBD, if needed
Direct Mail
The promotion will deliver CFLs (check implementation manual for limit) and showerheads to the
City of Port Angeles customers with energy tips and installations instructions.
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Direct Mail:
Product Description
TBD, if needed quoted and
Direct Mail CFL Twist 13 -15 Watt $1.19 $0 25 $1.44 passed through
Direct Mail CFL Twist 18 -20 Watt I $1 39 $0 25 $1.64 TBD, if needed
Direct Mail CFL Twist 23 -26 Watt I $1.65 $0.25 $1.90 TBD, if needed
Direct Mail Specialty CFL Reflector I $2 88 $0.25 $3.13 TBD, if needed
Direct Mail Specialty CFL Globe I $2.88 $0 25 $3.13 TBD, if needed
Direct Mail Showerhead I $3 50 $0.25 $3.75 TBD, if needed
Online Offers
This offer provides a vehicle for utilities looking for an online solution. With this, your customers
will have the opportunity to purchase CFLs and Showerheads online at a dedicated website. The
City of Port Angeles landing pages on this website can be customized with product selection and
the City of Port Angeles look feel.
Online Offers No Cost to Consumer:
Product Description
Online CFL Twist 13 -15 Watt $1.19 $0.25 $1.44 TBD, if needed
Online CFL Twist 18 -20 Watt $1.39 $0.25 $1.64 TBD, if needed
Online CFL Twist 23 -26 Watt $1.65 $0.25 $1.90 TBD, if needed
Online Specialty CFL Reflector $2.88 $0.25 53.13 TBD, if needed
Online Specialty CFL Globe $2.88 $0.25 $3.13 TBD, if needed
Online Showerhead $3.50 $0.25 $3.75 TBD, if needed
Online Offers Consumer Purchase:
Product Description
Product Admin
Cost Fee Subtotal Shipping
handling
Product
Cost
Product
Cost
Admin
Fee Subtotal Shipping
Handling
Admin
Fee Subtotal Shipping
Handling
Payment
Processing
Online CFL Twist 13 -15 Watt $1 19 $0 25 $1.44 TBD, if needed TBD
Online CFL Twist 18 -20 Watt $1.39 $0 25 $1.64 TBD, if needed TBD
Online CFL Twist 23 -26 Watt $1 65 $0.25 $1.90 TBD, if needed TBD
1 Online Specialty CFL Reflector $2.88 $0.25 53.13 TBD, if needed TBD
1 Online Specialty CFL Globe $2.88 $0 25 $3.13 TBD, if needed TBD
1 Online Showerhead $3 50 $0 25 53.75 TBD, if needed TBD
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Retail Builder Channel Locations
The Residential Products Promotion will be partnering with retailers and builder channels to
provide discounted pricing on showerheads, twister CFLs, specialty CFLs, and hard wired fixture
products.
Retail Builder Channel Pricing:
Product Description
CFL Twist Retail
CFL Specialty Retail
Fixtures Indoor Retail
Showerheads 2.0 GPM or Tess- Retail
Product Cost
$0.50
$2.00
$8.00
$7.00
Admin Fee
$0.25
$0.25
$0.25
$0.25
Total
$0.75
$2.25
$8.25
$7.25
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Project Order Tale
Simple Steps, Smart Savings
Project Order -01
Contractor's Authorized Representative
Megan McCabe 503.808.9003x106
mmccabec fluidms.com
This Project Order is entered into pursuant to the terms and conditions of the Promotion Services Agreement
v
between the City of Port Angeles and Fluid Market Strategies, Inc., dated
1 5K2010.
Fluid's Objective
To implement a successful retail promotion for the Simple Steps, Smart Savings promotion.
EXHIBIT B
TO PSA
Scope of Services
The Simple Steps, Smart Savings Promotion will increase sales of ENERGY STAR CFLs and energy saving
showerheads in the marketplace. This CFL goal will be accomplished by providing an incentive of $0.50 per
general purpose CFL (twist, A- lamp), an incentive up to $2.00 on specialty CFL product (Reflectors, Globes,
Candelabras, Torpedoes, 3 -Way, outdoor lighting), an incentive of $7.00 on showerheads (2.0 gpm or less) and
an administrative fee of $0.25 for all promotional product.
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 the 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 the City of
Port Angeles territory, provide on -site merchandising, sales associate training and event staffing. Fluid will
operate a consumer facing website that provide educational information about promotional products and
allows the City of Port Angeles customers to locate stores carrying product.
Reporting
Minimum reporting requirements will include:
The 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 the 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, the 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 4/1/10
.r 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:
The City of Port Angeles commits to fund the following at the unit prices per the current schedule of rates,
based upon proof of sales by store at participating retailers in the attached store list (if agreed to by the
Parties):
A maximum of promotional products sold.
Y Up to SO AO in markdown funds for promotional products sold.
All promotional CFLs sold for the duration of the promotion.
Time of Performance for the Services
Commencemen Date
2010
Except as provided herein, all terms and conditions of the Master General Services Agreement referenced above shall be
incorporated into and become a part of this Project Order.
Accepted By: City of Port Angeles
Pleas 'r t Name
Signature
Title
MGSA LGL 019 EXH B 4/1/10
Date
Completion Date
January 31, 2012
Approve b Fluid Market Strategies
ure
Titl Date
.Retailer!`,`
Clallam
Costco
Home Depot
Thurman
WalMart
WalMart
4
4:
Store Name Address
Clallam Co-Op #1
Costco #639
Home Depot #8998
Thurman Supply #1
Walmart #2196
Walmart #5273
216 E Washington St
955 West Washington St
1145 West Washington St
1807 E Front Street
3500 Hwy 101
1110 West Washington Street
Sequim
Sequim
Sequim
Port Angeles
Port Angeles
Sequim
ttachinent
State Zip
WA 98382
WA 98382
WA 98382
WA 98362
WA 98362
WA 98382
an CtAlI o4 atio ni", qrg i
Allodatee;
16%
35%
27%
50%
65%
12%
nit taarP._ i „rojeCtesr,, k
--tc,f
'Bulb Allocation.
80
9,667
732
585
1,558
194
*^Abe
'Annual' Projected
ni
19.88
2,416.75
182.99
146.25
389.51
48.51
n Projected'
rojeoted Cost tili
71.64
17,302.95
1,617.62
333.75
3,505.61
436.59
City of Port Angeles
City of Port Angeles
City of Port Angeles
City of Port Angeles
City of Port Angeles
City of Port Angeles
Markel Strei q es
Project Order Title
Simple Steps, Smart Savings
Fluid Run Direct Install, Option 3
Project Order -03.3
Fluid's Authorized Representative
Megan McCabe 503.808.9003x106
mmccabe@fluidms.com
EXHIBIT B
TO PSA
This Project Order is entered into pursuant to the terms and conditions of and as an amendment to the Promotion Services
Agreement between the City of Port Angeles and Fluid Market Strategies, Inc. (Fluid), dated May 19, 2010.
Fluid's Objective
To conduct home auditing and implement a successful direct install project in select homes within the City of Port Angeles service
area in accordance with this document and in conformance with BPA's direct install program requirements.
Scope of Services
The Fluid run direct installation portion of the Simple Steps, Smart Savings program will increase adoption and use of energy
saving products by offering the City of Port Angeles CFL installation and energy saving showerhead distribution services An
installation fee and a $0.35 administration fee will be applied to all CFLs and showerheads provided to City of Port Angeles utility
customers in accordance with this Project Order. Fluid will comply with BPA's current Implementation Manual for direct install
measures pertaining to this Project Order.
Administrative and Staff Support
Services from Fluid will include development, delivery and facilitation of the direct installation portion of the Simple Steps, Smart
Savings promotion as outlined in Attachment A Direct Install Proposal. Fluid's installation team members will:
Participate in an orientation detailing customer service expectations, installation best practices and outlining the goals of
the promotion.
Secure needed CFL and showerhead product supply, and manage product distribution and inventory.
Recruit select City of Port Angeles utility customers for participation and schedule customer services.
Perform installations in compliance with local and state regulations.
Collect audit data and track activity on the Home Snapshot Audit form (Attachment B).
Provide the City of Port Angeles with reports of project activity and hardcopies of audit forms.
Allow the City of Port Angeles representatives to work closely with Fluid's administration of this program to ensure the
best possible public relations and the best chance of a successful outcome for Fluid and the City of Port Angeles.
Marketing Services
Fluid will provide and operate a consumer facing website that provides information about promotional products as well
as a one page summary of promotion related services offered by the City of Port Angeles.
A customer support telephone number will be provided and maintained by Fluid and made available to utility customers
for services under this Project Order.
Fluid will provide informational materials, including Home Energy Savings Steps brochures and Showerhead Installation
Instructions, to utility customers who receive direct install services.
Templates will be made available to the City of Port Angeles for utility bill inserts, newspaper ads, customer direct mail
letters, door hangers, and newspaper copy /web graphics. Additionally, Fluid is available to design custom marketing
materials as needed The scope of any additional custom marketing will be detailed in a Change Order as an attachment
to this document.
Resorting
Minimum reporting requirements will include:
The City of Port Angeles will receive electronic reports of direct installation and auditing activity once a month. The
report will document the information collected on Attachment B.
Upon request, Fluid will conduct quality control efforts through select site verification to ensure customer satisfaction
and proper product installation.
Fluid will meet reporting standards enabling the City of Port Angeles to obtain reimbursement from BPA for qualifying
PSA EXH B
1
work performed under this Project Order.
Additional reporting requirements will be communicated to Fluid as they are identified.
Incorporated Documents (Note: In the event of any conflict betwe n 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.)
Attachments A (Direct Install Proposal)
Attachments B (Snapshot Audit Form)
Compensation for the Services
Fluid shall be compensated for the Fluid Run Direct Install Services described above as follows:
Product Description
CFL Twist 13 -15 Watt
Time of Performance for the Services
Commencement Date
Accepted By: City of Port Angeles
Please Print Name
Signature
PSA EXH B
Administrative Fee Installation Fee Product Cost* Total Cost Per Unit
$0.35 $2.25
2011
Completion Date
$1.19 $3.79
CFL Twist 18 -20 Watt $0.35 $2.25 $1.39 $3.99
CFL Twist 23 -26 Watt $0.35 $2 00 $1.65 $4.00
CFL Reflector $0.35 $2.25 $2.88 $5.48
CFL Globe $0.35 $2.25 $2.88 $5.48
Showerhead $0.35 $8.00 $3.50 $11.85
For selected product only
In accordance with the unit prices listed in the chart above the City of Port Angeles commas to fund this direct install project
until one of the following is achieved:
Project costs for the City of Port Angeles have reached a maximum amount of
or
A maximum of utility customer homes are retrofitted within the City of Port Angeles
service area.
Any change in the scope of services in this document will be detailed in a written Change Order signed by both parties and
attached to this agreement.
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. This Project Order shall remain in effect unless terminated by either party at any time by giving a thirty (30) day notice to the other party or
meeting completion obligations in this Project Order. Notice shall be effective when received.
Approved by: Fluid Market Strategies
hi►G 7.ffty.S me c /is&
Please Print Name
fjna ure
5/ l �N1 5 i 3
Title Date r Title Date
2
Scope of Wor c Prop Asa
City of Port Angeles Direct Install Program
Description
Fluid Market Strategies, Inc. "Fluid will condu :t in -home Snapshot audits, on behalf of the
City of Port Angeles, under the Simple Steps, Smart Savings TM direct installation program.
Fluid will perform Snapshot audits in the homes of approximately 300 customers who qualify
for the City of Port Angeles rate assistance program. In addition, Fluid will aim to install
approximately 8,400 CFLs and distribute approximately 330 energy- saving showerheads to
these homes.
Pricing for Snapshot auditing services, product, product installation, and administrative fee
are listed in the following table.
Product Admin
Product Description Cost Per Fee Per
Unit Unit
Snapshot Audit N/A $0.00
CFL Twist 13 -15 Watt $1.19 $0.35
CFL Twist 23 -26 Watt $1.65 $0.35
Specialty CFL Reflector $2.88 $0.35
Specialty CFL Globe $2.88 $0.35
Showerhead $3.50 $0.35
Installation
Cost Per
Unit
N/A
$2.25
$2.00
$2.25
$2.25
$8.00
Pi ogran Coals
The program will address the following goals fur the City of Port Angeles:
Total CRC
Utility Cost
Per Unit
Per Unit
$0.00 I N/A
$3.79 1 $4.00
$4.00 1 $4.00
$5.48 1 $5.50
$5.48 I $5.50
$11.85 I $12.00
Pricing for select products only.
Collect audit data from homes according to agreed upon auditing standards.
An installation target of 8,400 CFLs in 300 homes. This goal is based on the 2008
NEEA MPER findings and our research, and takes into account the following:
o Number of qualified sockets in each home.
o Homes where the resident is not interested in having CFL replacement
performed.
o Sockets where CFLs are already installed.
Fluid Market Strategies City of Port Angeles Direct Install Program
o Sockets where a CFL would not be applicable to be installed, i.e., halogen
lighting, dimmables.
A distribution target of 330 energy- saving showerheads in 300 homes. This is based
on our research and takes into account the following.
o Number of showers in each home.
o Homes where the home owner is not interested in having showerhead
replacements performed.
o Homes where an energy saving showerhead is already installed.
o Homes that do not contain an electric- resistance hot water heater.
Provide excellent service to the City of Port Angeles customers.
Ensure that the City of Port Angeles brand is associated and connected to the program
activities.
Program E asr. s
Task 1 Establish Program Plan
Fluid will work with The City of Port Angeles to develop a plan for executing the program
successfully from start to finish.
Establish the size, length, and start date of the program (recommendations have been
made in this document but can be adjusted accordingly). Other parameters such as
target regions, target demographics, or time constraints will be determined at this
initial stage.
Provide training and clearly define codes of conduct and auditing standards for
installation team.
Establish products to be installed.
Secure product supply.
Map distribution of product to installation team members
Develop marketing and outreach strategies.
Task 2: Training
Fluid's installation team and qualified installers will be trained on the following:
Product information including technical specs, application uses and benefits.
Program information including goals, services available, and approved messaging.
Installation techniques, protocols and best practices.
Data collection /reporting methods, standards and protocols.
Fluid Market Strategies 1 City of Port Angeles Direct Install Program
Codes of conduct while performing outreach and in -home services.
Task 3. Marketing, Outreach, and Customer Su oport
Successful marketing and customer outreach plays an important role in making customers
feel comfortable participating in this program. A plan will be developed to effectively and
efficiently reach target customers and highlight that services are sponsored by the City of
Port Angeles. Goals of this plan will be to:
Establish program credibility.
Provide customers with avenues for support via a toll free support hotline number and
website.
Educate customers of installation schedule and participation details.
Educate customers on the benefits of energy efficiency and energy saving products.
Methods of marketing and outreach may include
Distribution of press releases to local media prior to launch to establish credibility of
the program activities with the community.
Leave behind door hangers informing customers how to participate.
Leave behind informational pieces offering product details and tips on ways to save
energy.
A website and phone number offering additional information and customer support.
Task 4 Installation and Data Collection
Installations and data collection will be performed efficiently and professionally by a trained
installer whose goal is to perform a quality service with minimal invasion.
For each home an installer will:
Perform all eligible CFL installations.
Whenever eligible, provide energy- saving showerheads, required installation tools, and
installation instructions.
Log all activities performed using the Home Snapshot Audit Form, noting any obstacles
or customer service issues encountered.
Collect the following data using the Home Snapshot form:
o Resident's name, address, and contact information.
o Type of home, occupancy and other characteristics.
o Number of light sockets.
Fluid Market Strategies City of Port Angeles Direct Install Program
o Appliances and electronics present.
o Type of heating /cooling systems.
Installers will enter data from the forms into a database where it can be monitored and
reported on by the management team.
Task 5 Verification
A select number of installations will be randomly selected to have quality assurance
performed by program supervisors to ensure customer satisfaction, and that installation
totals match installer submitted values. Verifications may occur through onsite visits, a -mails
or telephone surveys.
Task 6 Reporting and invoicing
Detailed reports of activity will be provided to the City of Port Angeles on a monthly basis,
along with an invoice. Payment on invoices is due 30 days from the date of the invoice.
Fluid Market Strategies 1 City of Port Angeles Direct Install Program
Budget
Number of Residences 300
Average Number of CFLs to Install per Residence: 28
Twist CFL 1 3 -watt 19
Twist CFL 23 -watt 3
Reflector CFL 3
Globe CFL 3
CFL Quantity Total 8,400
CFL Unit Cost
Twist CFL 1 3 -watt (5,700 units) $1.19
Twist CFL 23 -watt (900 units) $1 .65
Reflector CFL (900 units) $2.88
Globe CFL (900 units) $2.88
CFL Total Product Cost $13,452
23 -watt CFL Unit Installation Cost (900 units)
Other CFL Unit Installation Cost (7,500 units)
CFL Total Installation Cost
CFL TOTAL COST
Average Number of Showerheads to Install per Residence 1.1
Showerhead Quantity Total 330
Fixed Showerhead Unit Cost (230 units) $3.50
Handheld Showerhead Unit Cost (100 units) $8.98
Showerhead Total Product Cost $1,703
Showerhead Unit Installation Cost
Showerhead Total Installation Cost
SHOWERHEAD TOTAL COST
Total Units
Admin Fee Unit Cost
ADMIN MARKETING FEE TOTAL COST
TOTAL PROGRAM COST
Fluid Market Strategies 1 Budget
$2.00
$2.25
$18,675
$32,127
8.00
$2,640
_$4,343
8,730
$0.35
$3,056'
$3.9,526
Direct Installation and
Home Snapshot Form
The undersigned customer requests and authorizes the specified utility lo
verify information for the account fisted below to the Simple Steps, Smart
Savings program All applicable fields are required.
1. Date:
3. Home Address:
4. City:
7. Phone: Cell Home
9. Electric Utility:
CFL Bulb
(List quantity)
Showerhead
(Only homes with electric
water heat qualify for
showerhead replacement.
In Washington, install must
be performed by customer.
For showerheads installed
by customer, please circle
"Installed" if you visually
confirmed the installation.)
Notes
2. Customer Name:
Type
Twists
Globes
Reflectors
Showerhead Unit
(max two)
Color
Type
GPM
5. State:
8. Email:
13 -15 Watt
14 -18 Watt
13 -16 Watt
Existing Showerhead
New Showerhead.
For Official
Use Only
10. Installer Name:
23 -26 Watt
ID Number:
Batch Number:
ccou1'1t forma ion To -ct3' by s
6. Zip Code:
Number by wattage Number by wattage Number by wattage
#1 #2
(circle details below) (circle details below)
Installed OR Left Behind Installed OR Left Behind
Chrome OR White Chrome OR White
Fixed oR Handheld Fixed OR Handheld
Existing Showerhead
New Showerhead.
V1: This form, created Sept 30, 2010, is subject to change. Effective until September 30. 2011. Signature required on last paqe.
Return completed form to:
Simple Steps, Smart Savings
625 SW Broadway, Suite 300 Portland, OR 97205 •Phone 888.553.SIMPLE (888.553 7467)
info@SimpleStepsNW.com www.SimpleStepsNW.com Fax 503.808.9004 (preferred)
1
o 'Ie forma ion To be comple completed by instal
11. Which of the following describes the home: Multifamily /Apartment
Detached single family house Duplex Triplex Fourplex
12. Is this home a
primary residence? Yes No
14. Total number of occupants living in the home:
14a. Number of occupants under 18 years: Number of occupants between 18 -65 years:
Number of occupants over 65 years:
15. Number of stories
in home:
18. Has this home been weatherized /insulated? Yes
19. Insulation assessment
Attic: None Less than 6 inches
Wall: None Insulated
Floor /Crawl: None Insulated
20. Window assessment (estimate
Single -paned wood Single -paned alum
Double -paned wood
Existing
Lighting
Appliances
Double -paned alum
Dishwasher
Refrigerator
Second refrigerator
Clothes washer
Clothes dryer
Freezer (stand alone)
Single -paned vinyl
Double -paned vinyl
Number of incandescent/halogen bulbs
Number of CFL/LED bulbs
Number of dimmable sockets
Total number of Tight sockets
Other
13. Is this home ENERGY STAR® rated?
Yes No Do not know
16. Home square footage 17. Year home was built
(if unknown, please estimate): (if unknown, please estimate):
No Do not know
More than 6 inches
Storm windows
Horne Characteristics l ck tt`fill in appficablo fields, Cemp/eto pre Direct Install.
Interior Exterior
V1: This form, created Sept 30, 2010, is subject to change. Effective until September 30, 2011. Signature required on last page.
Return completed form to:
Simple Steps, Smart Savings
625 SW Broadway, Suite 300 Portland, OR 97205 *Phone 888.553.SIMPLE (888.553.7467)
info @SimpleStepsNW.com www SimpleStepsNW.com Fax 503.808.9004 (preferred)
Furnace Heat Pump
Resistance (Le. baseboard, cadets, ceiling cable, etc.) ❑Other:
HVAC Equipment
Ducts sealed? (Leave blank if not easily accessible) Yes No
Water Heater
Primary heat type: Electric Natural Gas Propane Other:
Does the home have air conditioning? Yes No
If yes, what type? (mark one)
Central Evaporative Cooler
Zonal (i.e. window and /or room NC units), number of units
Water temp: °F (OR: High Medium Low) Year: Model:
Fuel type: Electric Natural Gas Propane Other
Pipes insulated: Yes No
Plumbing leak(s): Yes No
3
Terms and Conditions
OFFICIAL FORM This form must be filled out completely, truthfully and accurately The Simple Steps, Smart Savings promotion and participating utility ("the
utility will not be responsible for lost documentation pertaining to the submission of this form. Promotion details, including incentives, are subject to change
without prior notice
HOMEOWNER ELIGIBILITY To be eligible for showerhead and aerator installation, the site must have electric water heat. Additionally, at sites located in
Washington, only licensed plumbers are eligible to install showerheads and faucet aerators. If the installer is not a licensed plumber, they are to leave behind
product at site for customer to install
PRODUCT ELIGIBILITY. To be eligible for the direct install Promotion, products must be approved by the participating utility. Twist and specialty compact
florescent light bulbs (CFLs) installed must be ENERGY STAR qualified and approved by the participating utility. Showerheads and faucet aerators must be
designated equal to or less than 2 0 gallons per minute (GPM) and approved by the participating utility
INSTALLER ELIGIBILITY Installers must have attended the Promotion orientation. In WA, only licensed plumbers are eligible to install showerheads.
VERIFICATION AND INSPECTION Participating homes are subject to onsite inspections in order to verify that the products meet participating utility standards
and that the home meets eligibility guidelines Homes will be randomly chosen for onsite inspection. No warranty is implied by this inspection
FACSIMILE/SCANNED Facsimile transmission of any signed original document, and the retransmission of any signed facsimile transmission, shall be the same
as delivery of the original signed document Scanned original documents transmitted to the Promotion as an attachment via electronic mail shall be the same as
delivery of the original signed document. At the request of the participating utility, the customer shall confirm documents with a facsimile transmitted signature or
a scanned signature by providing the original document.
TAX LIABILITY Neither the participating utility nor the installer is responsible for any tax liability, which may be imposed on the customer as a result of payment of
any incentives or as a result of obtaining financing.
DISCLAIMER /NO LIABILITY The customer understands that the participating utility is not supervising work performed for the customer and is not responsible
for proper completion of that work or proper performance of any products purchased The customer assumes the risk of any loss or damage in connection with
installation The participating utility does not guarantee any particular energy savings results by its approval of the installation.
ENDORSEMENT The participating utility does not endorse any particular manufacturer, contractor, or product in promoting showerheads, faucet aerators, CFLs.
or any other measures installed by the installer. The fact that the names of particular manufacturers, installers or products may appear on Promotion materials
does not constitute an endorsement. Manufacturers, installers or products not mentioned are not implied to be unsuitable or defective in any way.
SAFETY AND BUILDING CODES The customer and installer agree to pursue compliance with federal, state, and local building and environmental codes for the
installation of products. The installer certifies products have been installed consistent with the promotions instructions.
PROPERTY RIGHTS The customer must have proper authority to install the products on the designated property, or has obtained any necessary consent from
the landlord.
V1: This form, created Sept 30, 2010, is subiect to change. Effective until September 30, 2011. Signature required on last page.
Return completed form to:
Simple Steps, Smart Savings
625 SW Broadway, Suite 300 Portland, OR 97205 *Phone 888.553.SIMPLE (888.553.7467) av ngs;
info@SimpleStepsNW.com www.SimpleStepsNW.com Fax 503.808.9004 (preferred) `r•
Account Information (Optional) To be filled out by the electrical utility account holder. Note: If the home is
occupied by a tenant, or the account holder is different from the customer listed in the contact information, the account
information release should be signed by the person whose name appears on the electric utility account. Signing this release is
optional. By doing so, the customer is allowing the performance data on their Simple Steps, Smart Savings installation to be used in
the regional program evaluation to determine energy savings and consumer satisfaction.
INFORMATION TO BE RELEASED: The undersigned utility customer requests and authorizes the specified utility to release billing
and usage information for the account listed below to the Simple Steps, Smart Savings program. With this authorization, the
Simple Steps, Smart Savings program can request account information for up to two years pre installation and two years post
installation. The utility customer also hereby releases the utility company from any and all liability arising from or connected with
providing this information.
Electric Utility Name: Electric Utility Account Number:
SIGN
HERE
Account Holder Signature:
Customer Signature
The customer hereby accepts the above terms and conditions.
Name (please print):
SIGN
HERE
SIGN
HERE
Account Holder Name: Date:
Authorized signature: Date:
Installer Countersignature
By signing below, the installer certifies that this form is complete and accurate and verifies that they have read the terms
and conditions. The signature certifies the installer has received program installer orientation and performed installation in
accordance with local and state codes.
Name (please print):
Authorized signature: Date
V1: This form, created Sept 30. 2010, is subject to change. Effective until September 30, 2011. Signature required on last page.
Return completed form to:
Simple Steps, Smart Savings
625 SW Broadway, Suite 300 Portland, OR 97205 *Phone 888.553.SIMPLE (888.553.7467)
info@SimpleStepsNW com www.SimpleStepsNW.com Fax 503.808.9004 (preferred)
4