HomeMy Public PortalAbout12-8507 Finalize Johnson Control Water Meter Project Sponsored by: City Manager
Resolution No. 12-8507
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE
CITY MANAGER TO TO CLOSE OUT AND FINALIZE THE
JOHNSON CONTROL WATER METER PROJECT, AT A
COST NOT TO EXCEED $440,500; PAYABLE FROM
ACCOUNT NUMBER 63-533630; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 2006, the City entered into an agreement with Johnson Controls for
installation of an automated meter reading system; and
WHEREAS,the installation by Johnson Controls was incomplete; and
WHEREAS, investigation by the City proved that some meters did not work with the
automated system, and that the water distribution system needs additional meters; and
WHEREAS, new installation and replacement of meters is required for the existing
malfunctioning meters,to correct the automated meter reading system and resolve billing complaints
and errors; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to close out and finalize the water meter project with Johnson Controls in order to make the
system fully functional.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to close out and finalize the water meter project with Johnson Controls, in an
Resolution No. 12-8507
amount not to exceed Four Hundred Forty Thousand Five Hundred($440,500)Dollars,payable from
Account No. 63-533630.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of December, 2012.
464.)/
M TAYLOR
MAYOR
ilttest to:
.1 I •
J, a Flores
C , Clerk
Approved as to form and legal sufficiency:
ii
1j ,1 ! , . '. , 1
Jo`.ep `. Geller
`ty Att i rney
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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'''.4.,.ORAT f�
City of Opa-Locka
Agenda Cover Memo
Commission Meeting 12/12/12 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
X Public Hearing: Yes No Yes No
(Enter X in box)
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) 63-533630 (EnterX in box)
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(EnterX in box) N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
Enhance Organizational 0
Bus.&Economic Dev Cl
Public Safety 0
Quality of Education 0
Qual.of Life&City Image I—J
Communcation Cl
Sponsor Name City Manager Department: City Manager
Short Title:
A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO CLOSE OUT AND
FINALIZE THE JOHNSON CONTROL WATER METER PROJECT AT A COST NOT TO EXCEED $440,500 FROM
ACCOUNT NUMBER 63-533630
Staff Summary:
The City entered into an agreement with Johnson Controls to install an automated meter reading system in 2006.
The installation of meters with Johnson Control system for the entire Opa-locka water system was incomplete.
Based on the recent investigation City staff found some of the meters don't work with the automated system and
the water distribution system need additional 800+/- meters with radio to be installed. The installation of new
meters and also some of the meters replacement must be completed in order to make the Johnson Control
system fully functional. The new installation and the replacement of the existing malfunctioning meters will need
additional manpower, equipments, meters, and coordination with Johnson Control. The approval of the
requested fund will rectify all humanistic errors; will resolve billing complaints and errors. It will also allow meter
readings without entering resident properties.
Approval
(1) Estimate cost schedule
(2)Johnson Control Agreement
(3) Resolution 06-6929
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Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Joseph L. Kelley
Commissioner Ti othy of —
Commissioner Dor thy J �1�
Commissioner Luis . S . i
FROM: Kelvin Baker, Sr. , City Manager
DATE: December 4, 2012
RE: Resolution: Finalize Johnson Control Project
Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING
THE CITY MANAGER TO CLOSE OUT AND FINALIZE THE JOHNSON
CONTROL WATER METER PROJECT AT A COST NOT TO EXCEED
$440,500 FROM ACCOUNT NUMBER 63-533630
Description: The City entered into an agreement with Johnson Controls to install an automated meter
reading system in 2006. The installation of meters with Johnson Control system for the
entire Opa-locka water system was incomplete. Based on the recent investigation City
staff found some of the meters don't work with the automated system and the water
distribution system need additional 800+/- meters with radio to be installed. The
installation of new meters and also some of the meters replacement must be completed in
order to make the Johnson Control system fully functional.
Financial Impact: $440,500 estimate, Account Number 63-533630
Implementation Timeline: Immediately upon approval.
Legislative History: Resolution 06-6929
Recommendation(s): Staff recommends approval.
Analysis: The new installation and the replacement of the existing malfunctioning meters will need
additional manpower, equipments, meters, and coordination with Johnson Control. The approval of the
requested fund will rectify all humanistic errors; will resolve billing complaints and errors. It will also allow
meter readings without entering resident properties.
Attachments: (1) Estimate cost schedule
(2)Johnson Control Agreement
(3) Resolution 06-6929
PREPARED BY: Faye Douglas, Budget Administrator
Mohammad Nasir PE, Asst. Director/City Engineer, Public Works Dept.
IJohnson Control Meter Project
Item Description Quantity Cost
1 Labor: (an estimated three month assignment)
2 Utiliy Mechanics 5 $54,400
3 Office worker 1 $12,000
4 Additional Meters 1,400 $235,200
5 Two- 8" meters for Miami Dade College 2 $16,000
6 Miscellaneous Supplies: LS $1,000
7 Shirts for Utility Mechanic 30 $500
8 Raincoats for Utility Mechanic 6 $125
9 Water/Ice LS $100
10 Office Supplies: clipboards, pens, paper, etc LS $50
11 Hand held scoop 6 $90
12 Meter prongs 6 $72
13 Back brace 6 $150
14 Reflector vest 6 $60
15 Mace 6 $72
16 Back pack vacuum 6 $1,800
17 Safety glasses 6 $30
18 Gloves 10 $50
19 Itron equipment and systems support for 1 year 1 $2,000
20 Johnson Control Management Services 1 $59,307
21 Contingency(15%) $57,450
Total Cost $440,456
12/4/2012
Faye Douglas
From: George.E.Green @jci.com
Sent: Monday, December 03, 2012 10:52 PM
To: Kelvin L. Baker
Cc: Faye Douglas; Mike.L.Sayer @jci.com; Thomas.F.Walther @jci.com
Subject: Water Meters and AMR
Mr. Baker,
I spoke to Ms. Douglas today and she said you were requesting a quote from Johnson Controls for management services
associated with the water meter/AMR system.
I left a voice mail on your cell phone in an attempt to clarify a few questions I had. I did contact my project management
team and request a quote for installation assistance and oversight. Please take a look at the information below and if
needed, we can discuss further in the morning.
Opa-Locka Water Meter/AMR Proposal for project management services including:
• On-sight instructions and planning with City supplied water meter change-out crew
• Coordination with Itron and Avanti to determine information to be collected by City supplied meter installation crew
• Kick-off meeting between IT, Avanti, Itron and City supplied meter installation crew
• On-sight route AMR system reading and testing for proper operation by route
• Random quality assurance field inspections during project
• Develop punch list of meters that need to be verified or reworked
• Testing and Acceptance meeting of routes and test billing with City IT Department and customer service
City is responsible for:
• Security at installation locations.
• Location of all meters.
• All equipment and materials.
• All installation labor
• Collection of data during install.
• Delivering data to billing department.
• Entering of data into the City's data base daily.
• Performing final read for test purposes.
• Disposal of scrap materials, clean up, repair and replacement of asphalt and concrete if damaged during meter
replacement
• Failure to maintain 15 meter per day installation rate will result in additional charges.
• JCI accepts no responsibility for defective equipment or warranty issues.
• JCI accepts no responsibility for improper installs, vandalism and/or theft.
• All meters over the 1,100 will result in additional charges.
The Johnson Controls price for management services is $59,307. Pricing is based on the City providing 2 meter
installation crews and each crew installing a minimum of 15 meters per crew per day. Total number of meters to be
installed is 1,100 meters. Project must be completed within 4 months of start date. Any delays resulting in a project lasting
more that 4 months will require a modification to the project scope and will result in additional charges.
Please let me know if this scope meets your needs and I will provide a formal proposal on JCI letterhead.
Regards,
1
George
George E. Green
Account Manager
Office 954.538.7939
Cell 954-605-5254
Fax 954.538.7903
2
Sponsored by: City Manager
Resolution No. 06-6 9 2 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO AND EXECUTE A
PERFORMANCE CONTRACT WITH JOHNSON CONTROLS,
INC (JCI) FOR WATER METER REPLACEMENT AND
INSTALLATION OF AND AUTOMATED METER READING
SYSTEM(AMR),IN SUBSTANTIALLY THE FORM ATTACHED
HERETO IN AN AMOUNT NOT TO EXCEED THREE MILLION
THREE HUNDRED SEVENTY TWO THOUSAND FIVE
HUNDRED FORTY-THREE DOLLARS ($3,372,543.00)
WHEREAS, the City of Opa-locka wishes to undertake the replacement of its water meters
through the installation of a fixed-based AMR system; and
WHEREAS, the objective of installing a fixed-based AMR system is to reduce man-hours
required for each billing cycle and improvement in the accuracy of the water meters; and
WHEREAS, water meter improvements to be performed by JCI will include all materials,
hardware, software, labor and training to complete the installation of water meters.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Manager is hereby authorized to enter into and execute a
performance contract with JCI,in substantially the form attached hereto,for water meter replacement
and installation of an AMR system,in an amount not to exceed three million three hundred seventy-
two thousand five hundred forty-three dollars (3,372,543.00).
PASSED AND ADOPTED this 5 day of JULY , 2006.
Resolution No. 06-6929
VICE MAYOR
Attest to: Approved as to ; d legal sufficiency:
/
.;
CITY CLERK C ' • ► 0'
D• E
Moved by: COMMISSIONER HOLMES
Second by: COMMISSIONER JOHNSON
Commission Vote: 3-0
Commissioner Tydus: NOT PRESENT
Commissioner Holmes: YES
Commissioner Johnson: YES
Vice-Mayor Pinder: YES
Mayor Kelley: NOT PRESENT
Resolution/Performance Contract with Johnson Controls,Inc.-Water Meter Replacement-6-06
V f llf YVVV lUL 1V1VZ 11121 VUa UVU VZVI VV1111VV11 VV11V1V1AJ 111V1 JVV1f VV
PERFORMANCE CONTRACT
PARTIES: JOHNSON CONTROLS, INC_(JCI)
3300 Corporate Ave, Suite 100
Weston, FL 33331
City of Opa-Locka, FL. (Customer)
777 Sharazad Blvd.
Opa-Locka, Fl.33054 •
AGREEMENT DOCUMENTS: In addition to the terms and conditions of this Performance Contract, incorporated into this
Agreement are the following (check as applicable).
Schedule 1–Scope of Work Schedule
® Schedule 2–Assured Performance Guarantee
Schedule
® Schedule 3–Services Schedule
0 Schedule 3—Exhibit 1
® Schedule 4—Price and Payment Terms Schedule
El Schedule 4a--Cash Payment Schedule
OR
❑ Schedule 4b–Lease/Purchase Schedule
1. SCOPE OF THE AGREEMENT. Johnson Controls, INC will complete the detailed study(commercial meters)to
verify that a budget neutral solution is achievable for the scope identified in Schedule 1 of this agreement. Once
verified,Johnson Controls will implement the improvements detailed in the scope section of this agreement,or at
Johnson Control's option cancel this agreement if the detailed study reveals insufficient Guaranteed Project Benefits
to implement a budget neutral solution as described. Any modifications required after the detailed study to achieve a
budget neutral solution will be presented as change orders to this agreement. If Johnson Controls elects to cancel
this agreement due to inability to achieve a budget neutral solution after the detailed study,the Customer will have no
financial obligation to Johnson Controls and Johnson Controls shall have no further obligation to the Customer
After a budget neutral solution is achieved,JCI agrees to install identifiable improvement measures as delineated in
Scope of Work Schedule(Schedule 1)which will result in Project Benefits as set forth in the Assured Performance
Guarantee(Schedule 2), After installation of the improvement measures,JCI agrees to provide the services identified
in Services Schedule(Schedule 3),that include services that are necessary to monitor, measure,and achieve the
identified Project Benefits,subject to the terms of the Assured Performance Guarantee(Schedule 2), The Customer
agrees to take all actions identified in this Agreement that are necessary to achieve the Project Benefits identified.
JCI shall supervise and direct the Work and Services and shall be solely responsible for all construction means,
methods,techniques,sequences,and procedures and for coordinating all portions of the Work and Services under
this Agreement JCI shall be responsible to pay for all labor, materials, equipment,tools, construction equipment and
machinery,transportation,and other facilities and services necessary for the proper execution and completion of the
Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work and
Services. The Customer's payments to JCl and its interest in the Equipment will be based upon the terms of
Schedule 4.
Johnson Controls, Inc. intends to execute certain portions of work described in the Scope of Work Schedule thru
subcontracted and procured services from certain subcontractors; US Bronco Services, Inc(installation of meters and
AMR technology)and AMR International (Drive-By Meter Reading Technology).Those companies are preferred by
the City of Opa-Locka.
2. TERM. The Term of this Agreement shall begin on the Commencement Date,which shall be June 28, 2006 or, if no
date is included, the date of this Agreement If the Work is divided into phases or individual projects for which
individual prices have been negotiated,then separate Commencement bates shall apply to each phase or individual
project. The Work shall be completed by the Substantial Completion Date,which shall be the earlier of
(a) the date on which the Customer executes a Certificate of Substantial Completion;or
(b) 180 days after the Commencement Date, subject to adjustments as set forth in Paragraph 3 below.
If the Work is divided into phases or individual projects for which individual prices have been negotiated,then
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Performance Contract(Rev 14)
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separate Substantial Completion Dates shall apply to each phase or individual project. Substantial Completion
means that JCI has provided sufficient materials and services to permit the Customer to operate the Equipment or
achieve the intended Project Benefits, The Services shall commence on the Substantial Completion Date and shall
continue for 96 months. The term of the Assured Performance Guarantee(see Schedule 2)shall coincide with the
term of the Services Schedule(see Schedule 3). if for any reason,the Customer cancels or breaches this
Agreement, including but not limited to the Service Schedule,the Assured Performance Guarantee shall automatically
terminate. The Payment Term shall be defined in Price and Payment Term Schedule(Schedule 4).
3. DELAYS. If JCI is delayed in the commencement or completion of the Work and/or Services by causes beyond its
control and without its fault or negligence, including but not limited to inability to access property,fire,flood, labor
disputes, unusual delays in deliveries,abnormal adverse weather conditions, acts of God, acts of war and acts of
terrorism or by failure by the Customer to perform its obligations under the Performance Contract and Schedules or
failure by the Customer to cooperate with JCI in the timely completion of the Work,then JCI shall provide written
notice to the Customer of the existence, extent of.and reason for such delays_ An equitable adjustment in
Substantial Completion Date, Payment Terms and Assured Performance Guarantee shall be made as a result.
ACCESS. Customer is responsible to provide JCI, its subcontractors and/or its agents reasonable and safe access
to all facilities and properties that are in the Customer's control which are subject to the Work and Services contained
in this Agreement Customer further agrees to assist JCI, its subcontractors and/or its agents to gain access to
facilities and properties that are not controlled by the Customer which are subject to the Work and Services contained
in this Agreement. An equitable adjustment in Substantial Completion Date, Payment Terms and Assured
Performance Guarantee shall be made as a result of any failure to grant such access.
4. CERTIFICATE OF SUBSTANTIAL COMPLETION. The Certificate of Substantial Completion to be executed by the
Customer shall include:
a an acknowledgement by the Customer of the Improvement Measures substantially completed and the
Substantial Completion Date for each Improvement Measure;
b. an acknowledgment by the Customer of receipt of manuals and training provided by JC1 under the
Agreement;
c. an acknowledgement by the Customer of the warranty start date and warranty period;
d. a punchlist of items remaining to be completed by JCI and,
e. an acknowledgement by the Customer that
(i) JC1 does not warrant against system malfunction caused by improper use, misuse or wrong entry of data
by the customer, and JCI shall not be liable for situations or damages that are the direct result of
user-generated databases.
5. TAXES, PERMITS,AND FEES. JCI shall be responsible for obtaining all permits and related permit fees associated
with the Work and Services. JCI shall pay sales,consumer, use,and other similar taxes and shall secure and pay for
the building permit and other permits and governmental fees, licenses, and inspections necessary for proper
execution. The Customer shall be responsible for securing any necessary approvals, easements,assessments, or
zoning changes and shall be responsible for real estate and personal property taxes where applicable. JCI makes no
representations regarding the tax implications or Customer's accounting treatment of this Agreement.
6. WARRANTY. JCI warrants that materials and equipment furnished by JCI will be of good quality and new;that the
Work will be free from defects not inherent in the quality required or permitted; and that the Work and Services will
conform to the requirements of the Agreement Documents_ JCI warrants that the Work shall be free from defects in
material and workmanship arising from normal usage for a period of one year from the Substantial Completion Date
and that its Services will be free from defects in workmanship,design, and material until the end of the Term, or for
one year,whichever is earlier. Upon written notice from the Customer,JCI shall,at its option, repair or replace the
defective Work or re-perform defective Services_ These warranties do not extend to any Work or Services that have
been abused,altered, misused,or repaired by the Customer or third parties without the supervision of and prior
written approval of JCI;or if JCI serial numbers or warranty date decals have been removed or altered.The Customer
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Performance Contract(Rev 14)
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must promptly report any failure of the Equipment to JCI in writing. All replaced Equipment or parts become JCL's
property.
THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT
NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.
Customer understands that JCI is a provider of services under this Agreement. JCI shall not be considered a
merchant or a vendor of goods_ If JCI installs or furnishes a piece of equipment under this Agreement, and that
equipment Is covered by a warranty from the manufacturer,JCI will transfer the benefits of that
manufacturer's warranty to Customer If this Agreement with Customer terminates before the equipment
manufacturer's warranty expires.Those warranties for both Meters and Automation Metering Reading
technologies will be provided by Johnson Controls to the City of Opa-Locka in writing and will be added to
this contract as attachments.
T. CLEANUP. JCI shall keep the premises and the surrounding area free from accumulation of waste materials or
rubbish caused by the Work and,upon completion of the Work, JCI shall remove all waste materials, rubbish,tools,
construction equipment,machinery,and surplus materials.
8. SAFETY. JCI shall be responsible for initiating,maintaining, and supervising all safety precautions and programs in
connection with the performance of the Work or Services_ JCI shall comply with all applicable laws,ordinances, rules,
regulations, and lawful orders of public authorities related to safety of persons or property.
9. HAZARDOUS MATERIALS. Unless specifically noted in Schedule 1,JCI's obligations expressly exclude any Work
or Services of any nature associated or connected with the identification,abatement,cleanup, control, removal,or
disposal of hazardous materials or substances, including but not limited to asbestos, lead or PCBs, in or on the
premises in which JCI will be required to perform Work_ The Customer warrants and represents that,to the best
of the Customer's knowledge,there is no asbestos or other hazardous materials in the Customer's premises
in which JCI will be required to perform Work that will in any way affect JCI's Work. Should JCI become aware
of or suspect the presence of asbestos or other hazardous materials,JCI shall have the right to stop work in the
affected area immediately and notify the Customer. The Customer will be responsible for doing whatever is
necessary to correct the condition in accordance with all applicable statutes and regulations. The Customer agrees
to assume responsibility for any claims arising out of or relating to the presence of asbestos or other hazardous
materials in the Customer's buildings or any premises in which JCI will be required to perform Work.
10. INSURANCE. Prior to commencing the Work,JCI shall provide a certificate of insurance with Contractor showing its
insurance coverage's, and JCI shall maintain such insurance in full force and effect at all times until the Work and •
Services have been completed,in the following minimum amounts:
COVERAGES LIMITS OF LIABILITY
Workmen's Compensation Insurance or self insurance, Statutory
including Employer's Liability
Comprehensive General $5,000,000 One Occurrence
Liability Insurance, including Contractual. $5,000,000 Each Aggregate
Comprehensive Automobile Liability $5,000,000 Combined
Insurance Single Limit
The above limits are obtained through primary and excess policies.
The Customer shall be responsible for obtaining any builder's risk insurance and shall assume full responsibility for
any risk of loss to the Work.
11. INDEMNITY.The Customer assumes all risk and liability for the use,operation, and storage of the Equipment,and for
injuries or death to persons or damage to property arising out of the use,operation,or storage of the Equipment,
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except for any injuries or death to persons or damage to property caused by the negligence of JCI, it employees,
agents or assigns.
JCI shall indemnify and hold harmless the Customer, its employees, agents, and assigns against all claims, actions,
damages,liabilities, and expenses, including attorney's fees, arising out of or related to any claims of patent
infringement and any claims of construction or materiaiman's lien made by any subcontractor or matterialman_ JCI
and the Customer agree that JCI shall be responsible only for such injury, loss, or damage caused by the intentional
misconduct or the negligence act or omission of JCI. The obligations of JCI and of the Customer under this paragraph
are further subject to paragraph 12 below.
12. LIABILITY AND FORCE MAJEURE. JCI shall not be liable under this Agreement in an amount in excess of its
primary general comprehensive policy limits. Neither JCI nor the Customer will be responsible to the other for any
special, indirect, or consequential damages arising in any manner from the Work or Services. Neither party will be
responsible to the other for damages,loss,injury, or delay caused by conditions that are beyond the reasonable
control,and without the intentional misconduct or negligence, of that party. Such conditions include, but are not
limited to: acts of God;acts of Government agencies: strikes: labor disputes;fire;explosions or other casualties;
thefts;vandalism; riots or war; acts of terrorism;or unavailability of parts, materials or supplies. If this Agreement
covers fire safety or security equipment,the Customer understands that JCI is not an insurer regarding those
services. JCI shall not be responsible for any damage or loss that may result from fire safety or security equipment
that fails to perform properly or fails to prevent a casualty loss. JCI is also not responsible for any injury, loss,or
damage caused by equipment that is not Covered Equipment,as defined in Schedule 3.
13. JCI'S PROPERTY. All materials furnished by and used by JCI personnel and/or JCI authorized subcontractors or
agents at the installation site, including documentation, schematics,test equipment,software,and associated media
remain the exclusive property of JCI. The Customer agrees not to use such materials for any purpose at any time
The Customer agrees to allow JCI personnel and/or JCI authorized subcontractors or agents to retrieve and to
remove all such materials remaining after installation or maintenance operations have been completed_ The
Customer acknowledges that all JCI software included is proprietary and will be delivered only under the provisions of
an appropriate Software License Agreement that will limit its use to the system purchased under this Agreement.
14. DISPUTES. if a dispute arises under this Agreement,the parties shall promptly attempt in good faith to resolve the
dispute by negotiation. All disputes not resolved by negotiation shall be resolved in accordance with the Commercial
Rules of the American Arbitration Association in effect at that time,except as modified herein.All disputes shall be
decided by a single arbitrator.A decision shall be rendered by the arbitrator no later than nine months after the
demand for arbitration is filed,and the arbitrator shall state in writing the factual and legal basis for the award_ No
discovery shall be permitted.The arbitrator shall issue a scheduling order that shall not be modified except by the
mutual agreement of the parties.Judgment may be entered upon the award in the highest state or federal court
having jurisdiction over the matter.The prevailing party shall recover all costs, including attorney's fees, incurred as a
result of the dispute_
15. MODIFICATIONS. Additions,deletions,and modifications to this Agreement may be made upon the mutual
agreement of the parties in writing. The parties contemplate that such modifications may include but are not limited to
the installation of additional improvement measures,energy conservation measures,facility improvement measures,
and operational efficiency improvements or furnishing of additional services within the identified facilities, as well as
other facilities owned or operated by the Customer. These modifications may take the form of additional phases of
work or modifications to the original scope of Work or Services.
16. NOTICES. All notices or communications related to this Agreement shall be in writing and shall be deemed served if
and when sent by facsimile or mailed by certified or registered mail to JCI at the address listed on page 1 of this
Performance Contract and to JCI,ATTN:General Counsel-Controls, 507 East Michigan Street, Milwaukee,
Wisconsin,53202, and to Customer at the address listed on page 1 of this Performance Contract.
17, ADDITIONAL TERMS.
A. Any failure of JCI to require strict performance by the Customer,or any waiver by JCI of any requirement under
this Agreement, does not consent to or waive any subsequent failure or breach by the Customer.
B. If any provision of this Agreement is invalid under any applicable law,that provision shall not apply, but the
remaining provisions shall apply as written.
C. The captions and titles in this Agreement are for convenience only and shall not affect the interpretation or
meaning of this Agreement.
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D_ This Agreement is the full Agreement between JCI and the Customer as of the date it is signed. All previous
conversations, correspondence, agreements, or representations related to this Agreement(including any Project
Development Agreement)are not part of the Agreement between JCI and the Customer and are superceded by
this Agreement.
E. This Agreement shall be construed in accordance with the laws of the state of the Florida_
F. If there is more than one Customer named in this Agreement,the liability of each shall be joint and several.
G. Nothing in this Agreement shall be construed as constituting debt, liability or obligation to the City of Opa-Locka,
Florida. The City's obligation to make payments hereunder constitutes a current obligation payable from legally
available funds.
H. The Customer agrees to utilize the Florida State Term Contract conducted by the Department of Management
Services as its justification for approving this Agreement and naming JCI as its sole provider of performance
contracting services. The contract is a State Term contract authorized by Section 287.042(2)(a)of the Florida
Statutes(2001). A copy of the State Term Contract justification paperwork is located in the Purchasing office.
NOTICE
JCI MAKES NO WARRANTIES AS TO THE EQUIPMENT EXCEPT
AS SET FORTH ABOVE.
City of Opa-Locka, Florida Johnson Controls,Inc.
Signature: Signature: C:::161(),4_
Printed Name: Annie R:Beverly Printed Name: Joel Lowery
Title: City Manager Title: Regional Solutions Manager
Date: 1/7/0 G Date:
ATTEST T•: Approved::as to form and
:,.legal sufficiency:
�i► _ Ica L,L. l diI.1
nor: effield Irby A Qu: J
1.l .ne-, Il
City Cl*rk. City Atto 1 -y
Da e
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Schedule 1
SCOPE OF WORK SCHEDULE
1. SUMMARY OF WORK: The following summarizes the Work to be provided by JCI under this Agreement, as
further defined below:
Scope Of Work Summary:
1. Water Meter Replacement: Replace water meters
with new water meters with radio transmitters with
for a complete Drive—by reading system.**
Size Quantity
518-3/4 4,619
1" 217
1W 112
2" 139
3" 2
4" 1
8" 3
Installation work to be provided by US Bronco
Services, Inc as subcontractor to Johnson Controls,
Inc.
AMR International Drive-by Meter Reading Technology
with Eagle Talon Mobile Software. One Laptop computer
with Truck mounting bracket and Antenna and 1 year of
Software of Software Maintenance Fees (included).
Installation and Integration to new billing system
.2. Wireless Camera/Video System
** Note: All meters will be replaced with new meters or retrofitted and/ or re-plumbed. All meters will be
provided with AMR International EcoNet Eagle WCU Drive-by AMR system.
The scope of work outlined in Schedule 1 includes:Water meter replacement. Under these improvements Johnson
Controls will engineer,furnish and install replacement assets as listed below to improve operational efficiency and
reliability. Replacement assets will match or exceed the existing assets currently in operation. In addition,the scope
includes the installation of a wireless camera/video system.
The Scope of Work shall include:
• All work will be done in accordance with local, state,and federal license and permitting guidelines.
▪ All work will be performed during normal business hours, unless agreed to by customer in advance.
• All work will be scheduled and performed in areas with prior consent of art authorized agent of the facility.
Page 8 of 32
Performance Contract(Rev 14)
VI ! Lit YVVV lA.'L 1V.UV 11111 V Si VV UTVI UV1111VU11 VV11V1 V.I.Al 111V• 6eLIVV I ! VUY
1.Water Meter Replacement
Water meter improvements will be performed by JCI as described below. The objectives are to improve the accuracy of
the water meters and to reduce the man-hours required for each billing cycle through the installation of a drive-by AMR
system. Quantities and conditions are based upon information provided to JCI by the city. Quantities shall reflect the list
contained in Table above. Meter Warranty will be per meter manufacturer published warranty and 30 days warranty on
labor from date of installation.
This Improvement Measure includes all materials, hardware,software,labor, and training needed to complete the
installation of water meters with quantities provided by the City of Opa-Locka.
After installation has been completed,each unit will be programmed to function with the drive-by AMR system. Once the
units have been installed and programmed,they will be read with the drive-by system to ensure all units are
commissioned and functioning properly.
Johnson Controls will install up to but no more than the meters listed above for each size. Any meters from above not
installed will be provided to the City of Opa-Locka as inventory for future use.
Automatic Meter Reading(AMR)Hardware and Software:AMR hardware will include the following items:
- AMR International Drive-by system
- Laptop Computer with Truck Mounting Bracket and Antenna
- Reading Software
- Custom interface to existing billing software
- . Onsite installation and training
Meter Boxes,Vaults&Roadways: Johnson Controls is responsible for repairing any damages to meter boxes,vaults,
and roadways incurred as a result of installation. New meter boxes will be replaced with same type lid that is currently in
place at each meter.Johnson Controls will install up to 2,500 small new meter boxes and 725 dual meter boxes,which
will be composite meter boxes and bolt down lids. Upon approval of the Customer,Johnson Controls, Inc. may salvage
undamaged meter box parts for reuse on this project.Some areas of concrete and other hard surfaces may need to be
broken-up to gain access to meters. In this instance,the area in question will be restored to, at minimum,the condition of
the area prior to installation. Johnson Controls will be accountable for any work in repairing the area in question,
including, but not limited to: masonry/brick,carpentry, asphalt, concrete,etc.
Disposal: Johnson Controls is responsible for disposal of all waste,debris and materials resulting from the installation of
water meters and AMR technology.
AMR Training: Johnson Controls will provide a Meter representative for on-site training after the installation. The City of
Opa-Locka will need to identify persons for training that will be responsible for generating bills, reading the meters via
radio read system and overseeing the new system. In addition,Johnson Controls will provide training to relevant City
Meter Staff on the proper techniques for installation/replacement of new metes and AMR radios so the City will be
positioned to support meters and AMR technology going forward.The City will identify individuals that will require training
and coordinate availability with Johnson Controls.
Water Shutoffs: Johnson Controls is responsible for shutting off the water to each meter serviced as well as notifying each
customer of the water shutoff. Some assistance may be required by the City of Opa-Locka in notifying customers.The
water meter teams will notify residential customers in person or through the use of door hangers left on the front door. In
the case of large commercial customers such as:schools, hospitals, nursing homes or any other large commercial
customer, special efforts will be made to ensure minimum disruption to their water needs. To prevent any damage from
running flush valves or any other plumbing fixtures that are sensitive to water shutoff's,Johnson Controls will schedule
the replacements with these commercial customers and will notify the maintenance personnel when turning the water
back on to the facilities_ Ultimately the responsibility of fixtures inside the buildings is the responsibility of the end user.
Labor, Materials and Warranty Included in this Improvement Measure
All labor, material, and necessary equipment required for the installation of the equipment proposed are included in this
Improvement Measure.Johnson Controls,Inc.is responsible for the labor and material cost to replace any meters that fail
within 30 days of the final completion of meter replacement. After 30 days the manufacturer warranty is in place and the
installation of replacement water meter is the responsibility of the City of Opa-Locka. per water meter manufacturer's
warranty, notwithstanding Section 6, page 2 of the Performance Contract
Page 7of32
Performance Contract(Rev 14)
VI / 11f 11 V V 1 l'L 1 V 1 V I 1 11./.1 V V I V V V V T V I V V 1111 V V 11 V V 11 U 1 V 1 A) 111 V$ J VVV( VV Y
Utility Interruptions and Customer Support Required
Customer support will be required during implementation of this Improvement Measure to obtain access to meter
boxes/pits and to coordinate utility interruptions. Johnson Controls personnel will be responsible for adequate notification
and coordination with appropriate City of Opa-Locka personnel to facilitate minimal disruption.
2.Wireless CameraNideo System
Cameras:This project includes 6 cameras in various locations throughout the City.The camera images will be available
in 5 portable laptop computers located inside the City police cars.The images will also be available at a central location
(either City Hall or the Police Station).This includes training and one year of warranty. This system is expandable and
allows for the addition of other communication services as well.
EXCLUSIONS
Asbestos-It is understood by Customer that Johnson Controls, Inc.and its subcontractors will not provide, nor be
responsible for the identification, testing or removal of asbestos. If asbestos is encountered during construction,Customer
will be solely responsible for its identification,testing, removal and/or encapsulation.
Dated 7/''1 ,2004
City of Opa•Lo ka, Florida JOHNSON CONTROLS,INC.
Signature: Signature: Ilk 411, ! • le
Printed Name;Jannie R. Beverly Printed Name • I Lowery
Title:City Manager Title: Regional Solutions Manager
Page B of 32
Performance Contract(Rev 14)
V 1111/ YVVV ll'L 1V1 V1 11111 VVT V V VZVI VV1111VV11 VV11Vl VlA1 111U1 I VVVf VVY
Schedule 2
ASSURED PERFORMANCE GUARANTEE SCHEDULE
1. DEFINITIONS. The following terms are defined for purposes of this Schedule as follows:
Project Benefits are the Measured savings,cost avoidance&lor Billable Usage increases that occur in the
Guarantee Term plus the Non-Measured savings,cost avoidance&/or Billable Usage increases achieved for that
year as set forth in paragraph 3, Reconciliation,of this Schedule.
Annual Guaranteed Project Benefits are the portion of the Total Guaranteed Project Benefits to be achieved in any
one year of the Guarantee Term,calculated and adjusted as set forth in this Schedule.
Annual Project Benefits are the Project Benefits achieved for any one year of this Agreement_
Project Benefits Surplus is the amount by which the Annual Project Benefits that exceed the Annual Guaranteed
Project Benefits in any one-year of the Guarantee Term.
Project Benefits Shortfall is the amount by which the Annual Guaranteed Project Benefits exceeds the Annual
Project Benefits in any one-year of the Guarantee Term.
Guarantee Term is the term of this Assured Performance Guarantee. As outlined in paragraph 2 of this Agreement,
the Guarantee Term shall coincide with the term of Services and shall be 96 months from the Substantial Completion
Date, unless terminated earlier.
Installation Period means the period between the Commencement Date and the first day of the month following the
Substantial Completion Date. For purposes of the annual reconciliation, Project Benefits achieved during the
Installation Period shall be considered Project Benefits achieved during the first year of the Guarantee Term.
Measured Project Benefits are achieved and calculated as set forth in paragraph 3, Reconciliation,of this Schedule.
Non-Measured Project Benefits are the Project Benefits that have been agreed by the parties will be deemed
achieved on the Substantial Completion Date and are set forth in Exhibit 2 of this Schedule.JCI and the Customer
agree that Non-Measured Project Benefits may include,but are not limited to,future capital or operational costs
avoided as a result of this Agreement. Customer agrees and acknowledges that JCI shall not be responsible for the
achievement of such Project Benefits,as the actual realization of those Project Benefits is not within JCI's control.
Customer acknowledges that it has evaluated sufficient information to believe that the Non-Measured Project Benefits
will occur. As a result, Non-Measured Project Benefits shall not be measured or monitored at any time during the
Guarantee Term, but rather shall be deemed achieved on the Substantial Completion Date.
Billable Usage Increases are the incremental increases in billable usage that occur as a result of guaranteed meter
efficiency improvements as calculated in(Schedule 2, Exhibit 5)pursuant to billing information as provided by the
Customer.
Total Guaranteed Project Benefits are the Total Guaranteed Project Benefits to be achieved during the entire
Guarantee Term, calculated and adjusted as set forth in this Schedule.
Total Project Benefits are the Project Benefits achieved during the entire term of this Agreement_
Equipment is the product(s)installed by JCI, its subcontractors and/or its agents as outlined in Schedule 1 (Scope of
Work).
Service is the scope of work provided by JCI, its subcontractors and/or its agents as outlined in Schedule 3(Service
Schedule).
Baseline is the mutually agreed upon calculated figures and/or usage amounts that reflect existing conditions and
assumptions as set forth in Schedule 2, Exhibit 6.
2. GUARANTEE. Subject to the terms and conditions of this Agreement,JCI guarantees that the Customer will achieve
$4,711.313.00 of Total Guarantee Project Benefits during the Term of the Agreement,and that this Annual Project
Benefit will equal the amortized cost of Improvement Measures. Customer's sole remedy for breach of this guarantee
shall be the actions set forth in Section 5 of this Schedule.
Page 9of32
Performance Contract(Rev 14)
V I ! 1 1/ i V V V IL L 1.V$VS/ 1.141 V V I V AJ V V I V I V U 1111 AJ U 11 V V 11 l.1 V 1 AJ 1114d 4 WJ V 1 V f VA/.
3. RECONCILIATION. Within 60 days after the Substantial Completion Date,or earlier if otherwise specified in this
Performance Contract, JCI will calculate the Project Benefit achieved during the Installation Period and advise the
Customer of the amount of such Project Benefits.The frequency and the methods of reconciliation to be used during
the Guarantee Term have been approved by the Customer at the time that this Agreement was executed and are
defined in the Exhibits attached to this Schedule_ Except by mutual agreement of the parties,no changes to the
frequency or methods of reconciliation may be made during the Guarantee Term; but,if a utility providing energy to
the Customer modifies its method of billing during the Guarantee Term,or if the Customer changes its utility suppliers
or method of purchasing,JCI may, at its option,adjust the reconciliation methods to methods appropriate to the
utility's revised method of billing.
Customer agrees and acknowledges that JCI shall not be responsible for the achievement of such Project Benefits,
as the actual realization of those Project Benefits is not within,ICI's control,Customer acknowledges that it has
evaluated sufficient information to believe that the Non-Measured Project Benefits will occur. As a result,Non-
Measured Project Benefits shall not be measured or monitored at any time during the Guarantee Term, but rather
shall be deemed achieved on the Substantial Completion Date.
4. CHANGES IN USE. The Customer agrees to notify JCI,within five(5)business days,of any actual or intended
change,whether before or during the Guarantee Term, in the use of any facility or equipment to which this Schedule
applies,or of any other condition arising before or during the Guarantee Term,that reasonably could be expected to
change the amount of Project Benefits to which this Schedule applies. Such a change or condition would include,but
is not limited to; changes in the primary use of any facility; changes to the hours of operation of any facility;changes
or modifications to the Equipment or Services provided under this Agreement;failure of the premises to meet local
building codes;changes in utility suppliers,method of utility billing, or method of utility purchasing; improper
maintenance of the Equipment or of any related equipment other than by JCI;changes to the equipment or to any
facility required by changes to local building codes;or additions or deletions of equipment at any facility. Such a
change or condition need not be identified in the Base Line in order to permit JCI to make an adjustment.
Upon receipt of such notice, or if JC1 independently learns of any such change or condition,JCI shall calculate and
send to the Customer a notice of adjustment to the Base Line to reflect the impact of such change or condition,and
the adjustment shall become effective as of the date that the change or condition first arose. Should the Customer
fail to provide JCI with notice of any such change or condition,JCI may make reasonable estimates as to the impact
of such change or condition and as to the date on which such change or condition first arose in calculating the impact
of such change or condition, and such estimates shall be conclusive.
5. PROJECT BENEFIT SURPLUSES OR SHORTFALLS. If the Annual Project Benefits during a specific year of the
Guarantee Term are less than the Annual Guaranteed Project Benefits for that year,JCI may apply the difference
against any unpaid balances from the Customer then existing under the Agreement. If there are any remaining
amounts,JCI may,at the Customer's written election,pay the Customer any remaining Project Benefit shortfalls,
however JC1 reserves the right to bill Customer for these Project Benefit shortfall payments from any immediately
preceding year up to the amount of any excess benefit. Upon the mutual agreement of the parties,JCI may also
provide additional products or services,in the value of the shortfall,at no additional cost to the Customer. Where
Project Benefit shortfalls have occurred,JC1 reserves the right, subject to the approval of the Customer,which shall
not be unreasonably withheld,to implement additional operational improvements or conservation measures, at no
cost to the Customer,that will generate additional Project Benefits in future years of the Guarantee Term_ Such
payment or credit shall be the sole and exclusive remedy of the Customer for any failure by JCI to achieve
guaranteed Project Benefits under this Agreement, including any alleged breach of any other express or implied
warranty of Project Benefits.
Page 10 of 32
Performance Contract(Rev 14)
VIf 111 YVVV 1VL 1U1 VV lllil VUZ VVU VTVI VV1111VV11 VV11V1V11./ 1111d• 6e1 V11/ VVY
The following Exhibits are attached and made part of this Schedule:
Exhibit 1 Annual Reconciliation&Guaranteed Project Benefit Allocation
Exhibit 2 Non-Measured Project Benefits
Exhibit 3 Responsibilities of JCI and Customer
Exhibit 4 Unit Utility Rates and Costs
Exhibit 5 Calculation of Base Line and Project Benefits
❑ FEMP or IPMVP Option A
❑ FEMP or IPMVP Option B ® Water Meter Upgrades
❑ FEMP or IPMVP Option C
❑ FEMP or IPMVP Option D
Exhibit 8 Pre-Retrofit Monthly Billable Revenue Data-Baseline(s)
Exhibit 7 Pre-Retrofit Conditions—Baseline(s)
Exhibit 8 Post-Retrofit Meter Guarantees &Exclusions
Exhibit 9 Post-Retrofit Conditions
Page 11 of 32
Performance Contract(Rev 14)
VIJ 11t YV VU ILL, 1V,VU 1L1L1 VV1 VVV VTVI VV1111AJV11 VV111/1ViAJ 111V, rare Vlit VVY
Schadule 2
Exhibit 1
ANNUAL RECONCILIATION&GUARANTEED PROJECT BENEFIT ALLOCATION
6
i� L
,
'
T Rm 1 n1 Iles f mIJ 1{/ ,O5o �e: awu . ' � o h
i 1��! . �a Paoli M s iE S!ir ,f.7 L e fai ° t f7 'G4 a a• 3 iw ,4
,1
k y F4]Eelt 3Jt{ 1,(Jiii%vi Q�1 Vo l , tteo 1 , 4r.:A i(,�i .0a . i
"d, f J. � pi :N '•• 8i dgi 3FdX#2t:h� ti a U� illsr i�1�� � yen 6�. Ne, {{" . ,aR 111Yunxir+ i"' 0'.t g I ! n� fir � r a an <�i.ipt<r:.- �'•Y� 7 lg
iwa m gUit Q a q 1 d et itn !? p y, 1N;I t5 ` dk ` h.JyMr. 1 l?Reffi
Construction $0 $0 $0 $0
1 $0 $74,000 $506,660 $580,660
2 $0 $76,220 $506,660 $582,880
3 $0 $78,507 $506,660 $585,167
4 $0 $80,862 $506,660 $587,522
5 $0 $83,288 $506,660 $589,948
6 $0 $85,786 $506,660 $592,446
7 $0 $88,360 $506,660 $595,020
8 $0 $91,011__ $506,660 $597,671
Totals $0 $658,033 $4,053,280 $4,711,313
•
City of Opa-Locka,Florida: JOHNSON CONTROLS,INC.
Initials: ,_ Initials! y.S___)
NO 12 of 32
Performance Contract(Rev 14)
VI ( 11( Y VVV 111L 1VI VV 1.1,1 VVI VVV VIVI V1111A/V11 V4,11V1VIV 111V1 VIV( VVY
Schedule 2
Exhibit 2
Non-Measured Project Benefits
The Project Benefits identified below shall be Non-Measured Project Benefits(as defined above)under this Schedule.
The amount of the Non-Measured Project Benefits shall be deemed to increase during each year of the Guarantee Term
by the escalation percentages set forth below.
Source of Non-Measured Project Benefits First Year Project Benefits Escalation
cm!
Truck and Labor Savings $74,000
1 7,7'77, 71771
TOTAL NON-MEASURED PROJECT $658,033.00
BENEFITS(for term of contract) " 1'
lu.I:..:u;LUlf(l`i.u:.rllJ1uLJ�Lw..11'
Truck Savings: Reduced cost of truck and truck related expenses.
Labor Reallocation Savings: Result of re-assigning 2 meter reader positions.
Total first year savings estimated at$74,000(including all benefits).
City of Opa-Locka, Florida Johnson Controls,Inc.
Signature: Signature:
Printed Name: Jannie R. Beverly Printed Name: owery
Title: City Manager Title: Regional Solutions Manager
Date: 7/74 Date: (p A.b 0(Q,
Page 13 of 32
Performance Contract(Rev 14)
V I/ 11, •VVV 11L 1V•VV 111:1 VVI VUV VIVI VV1111AJU11 VV11t1V1AJ 111', 6e1 VII' vu.
Schedule 2
Exhibit 3
Responsibilities of JCI and Customer
This Exhibit details the individual responsibilities of JCI and of the Customer, not otherwise set forth in this Performance
Contract, in connection with the management and administration of the Assured Performance Guarantee.
JCI Responsibilities
Ensure all work complies with applicable codes and standards_
Coordinate with Customer for water shutoff to City supplied customers.
Compile savings reports and present results to the appropriate representative.
Perform annual measurements per contract documents.
Identify and report any deficiencies or corrections resulting from adverse changes or conditions affecting performance.
Report any operational or retrofit opportunities that would further increase the efficiencies of the facilities, utilities or
systems.
Coordinate with Customer for scheduling areas during construction.
Perform annual accuracy measurements on 1% of the water meter population as specified in Schedule 3.
Perform annual accuracy measurements,calibration,and minor repair on eighteen(18)2"and larger meters each year
Provide data entry services for all pertinent information to be uploaded into the Customer's existing billing software during
the installation period.
Customer Responsibilities
Provide for shutdown and scheduling of areas during construction.
Provide assistance with notification and coordination of utility interruptions to minimize disruption to City supplied
customers.
Notify JCI of any major equipment additions or failures of any equipment or strategies that might impact savings.
Provide routine maintenance of all owner systems and equipment affected by this agreement.
Planned Service Agreement must be paid as agreed and renewed annually to maintain Performance Contract savings
and revenue guarantee.
Maintain installed equipment using the same manufacturer and specifications that were installed or equivalent as
approved by JCI.
Provide access to all necessary buildings and equipment for JCI and their subcontractors in a timely manner during
construction.
All Facility improvement Measures (FIMs)will be maintained, and kept in operation with equal or better replacement
components_
Provide all programming for new water meters that are installed after the completion of this contract.
City of Opa-Locke,Florida JOHNSON CONTROLS, INC.
Initials: Initials: (1
4
Page 14 of 32
Performance Contract(Rev 14)
V I f •V VU ll.1_/ JR/ VII 11.41 try VVV vavi l/V1111A2V11 VVLiViV.LL7 1.0., VVir
Schedule 2
Exhibit 4
Water&Sewer Rates and Costs
All others (Commercial, Governmental, Industrial and Combination) based on
Meter Size.
Water and Sewer Rates
3/4 inch meters
Monthly Rate $4.50 Base
Water $4.49 Per 1,000
Sewer $3.15 Per 1,000
1 inch meters
Monthly Rate $43.75 Base
Water $4.49 Per 1,000
Sewer $3.15 Per 1,000
1 1/2 inch meters .„.
Monthly Rate $50.00 Base
Water $4.49 Per 1,000
Sewer $3.15 Per 1 000
2 inch meters
--
Monthly Rate $10625 Base
Water $4.49 Per 1,000
Sewer $3.15 Per 1,000
3 inch meters --
Monthly Rate $125.00 Base
Water $4.49 Per 1,000
Sewer $3.15 Per 1,000
4 inch meters
Monthly Rate $160.00 Base
Water) $4.49 Per 1,000
Sewer $3.15 Per 1,000
5 inch meters
Monthly Rate $195.00 Base
Water $4.49 Per 1.000
Sewer $3.15 Per 1,000
6 inch meters
Monthly Rate $230.00 Base -
Water $4.49 Per 1,000
Sewer $3.15 Per 1,000
8 inch meters
Monthly Rate $1,128.15 Base
Water $4.49 Per 1,000
.
Sewer $3_15 Per 1,000
Page 15 of 32
Performance Contract(Rev 14)
V 1 1.1./ IN V VS/ J.L.0 .1_,J•VI/ 1141 vua G,L.J VIVI V V.1.1.1.LAJW11 VV.L.LUI%ilk/ 111L, 6eIV.LVf Vcfl•
Miscellaneous Fees and
Charges
Unit Connection Fees
Water Unit Connection Fees
Sewer Unit Connection Fees
posit for Single 1.1§9.11 by
Meter Size
3/4 inch meter _
1 inch meter
1 1/2 inch meter
—2 inch meter
3 inch meter
-4 inch meters
6 inch meter
8 inch meter
10 inch meter
Hydrant Meter 3/4 inch
Hydrant Meter 3 inch
Deposit for Multiple Use Installation by Meter
Size
Multiply the number of units times$55.00. Compare this deposit amount to the deposit
required above and use the larger of the two.
Monthly by
Meter Size
1 1/2 inch meter
2 inch meter
3 inch meter
4 inch meters
6 inch meter
8 inch meter
10 inch meter
Note!All firelines are to be charged at a 3 inch meter charge and ERU.
. _ . .
111/gr Tapping FAntiy_Meter Size
3/4 inch
1 inch
11/2 inch
2 inch
3 inch
Page 16 of 32
Performance Contract Rev 14)
VI ( .1..1.! 1101144, IULA .L V .L V 1 LILL !Ma tIVV VIVI UVIILLAIV/1 VVL1V1 V.LAJ Le:J,1.1.11 VVY
■•■= .
Wastewater Taing
2" Force Main Tap
Meter Test Fees by Meter Size
3/4 inch meter
1 inch meter
1 1/2 inch meter
2 inch meter
3 inch meter
4 inch meters and larger
Misc. Service Charges
After Hours Service Call
Sewer Locate Fee
Transfer of Account
Non-Pay Disconnect
• •
Damaged Meter Trip Charge
Additional Readings at Customer Request
*Sewer Locate Fee may have additional costs billed depending on equipment and manpower needed.
City of Opa-Locka, Florida JOHNSON CONTROLS,INC.
initials: ji • initials:
Page 17 of 32
Performance Contract(Rev 14)
VI ! 11f YVVV ILL/ 1V11V iLli1 UUT VUU VIVI UV11111JVll VU11Ii VJAI 111V• Ul Vf VUY
Schedule 2
Exhibit 5
Improvement Measure Measurement&Verification Plan
M&V Option B Water Meter Upgrades
Water Meter Replacement and installation of an Automated Meter Reading(AMR)System
Utility Revenue Impact Description
A significant percentage of the existing water meters served by the Customer do not read accurately, and the Customer is
losing revenue annually due to this inaccuracy. By replacing inaccurate water meters with more accurate water meters
the Customer will increase the volume of water registered by the meters and thereby increase water meter revenue_ By
applying accuracy increases to the baseline water billing amounts,supplied to JCI by the Customer,the impact of billing
for the additional water recognized would have resulted in an increased revenue stream of$506,660.00 in the baseline
year.
Methodology: This measure represents annual water and sewer revenue increases associated with the replacement of
the Customer's existing water meters with new,more accurate units. This measure includes the removal and installation
of the City's water meters as presented in Schedule 1.As agreed upon by the customer,the total amount of base billable
gallons for the term of this guarantee is equal to billable gallons measured by the customer plus incremental gallons
(currently unrecognized and unbilled). The customer assumes the responsibility under this project for maintaining water
consumption at or above the base billable gallons for the term of the contract.
JCI Liability Limit!JCI is not responsible for damage to water meters as a result of foreign objects or other water quality
issues that affect the water meter manufacturer's warranty. JC1 is also not responsible should the customer choose not to
maintain/calibrate any equipment subject to this guarantee within manufacturers guidelines.
Project Benefit Calculations
JCI and the customer agree upon all schedules, inputs and calculations described herein.
Pre-Retrofit Calculations: JCI used the Pre-Retrofit Monthly Billable Revenue Data supplied to JCI by the Customer and
shown in Schedule 2 Exhibit 6. Baseline factors were obtained from billing reports supplied by the Customer during the
detailed audit.
The Weighted Average Accuracy Pre-Retrofit was calculated during the detailed audit and is based upon testing a
representative sample of the existing meter population and is included in Schedule 2 Exhibit 7. Average accuracy is
based on the average of low, medium and high flow measurements according to the American Water Works Association
(AWWA)guidelines as delineated in the Manual of Water Supply Practices-M6, Fourth Edition,
Water Meters-Selection, Installation,Testing and Maintenance; Copyright- 1999 American Water Works Association,
ISBN 1-58321-017-2
American Water Works Association
6666 West Quincy Avenue
Denver, CO 80235
or other mutually agreed upon guidelines for average accuracy measurements.
Further details of baseline factors are acknowledged and accepted by Customer in Schedule 2 Exhibits 4 and 6.
Page 18 of 32
Performance Contract(Rev 14)
VIf llf Y V V V 1VL 14I I 1 V 11141 VVI VVI,/ VIVI VV11111JV11 VI./11V1 VXV 111V1 •ViV( VVY
Post-Retrofit: JCI will determine the accuracy of the installed water meters as described in Schedule 3(Services
Schedule)of this contract.
The Weighted Average Meter Accuracy Post-Retrofit will be based upon a representative sample of the population for the
new meters. The weighted average accuracy will be based on the average of low, medium and high flow measurements
according to American Water Works Association (AWWA)guidelines as delineated in the Manual of Water Supply
Practices-M6, Fourth Edition,Water Meters-Selection, Installation,Testing and Maintenance; Copyright-1999
American Water Works Association, ISBN 1-58321-017-2
American Water Works Association
8666 West Quincy Avenue
Denver, CO 80235
or other mutually agreed upon guidelines for average accuracy measurements. For purposes of this contract,the
Weighted Average Meter Accuracy Post-retrofit calculation and the Post-Retrofit Guaranteed Meter Accuracy is as
described in Schedule 2 Exhibit 9.
Guarantee: JCI's guarantee is based upon the weighted average measured accuracy Increase for a test sample
of meters. JCI does not guarantee the performance of Individual meters. The meter sizes considered as part of
this performance contract are listed in Schedule 2 Exhibit 8, Any meter sizes excluded from the guarantee,and
not tested post-retrofit,are listed In Schedule 2 Exhibit 8. No guarantee, either express or Implied, Is made
relative to the post-retrofit accuracy of meters excluded from the guarantee.
The performance guarantee for this improvement measure is based solely on the post-retrofit weighted average
measured accuracy of the meters Installed applied to the Customer supplied"Baseline"revenue values listed in
Schedule 2 Exhibit 6.Johnson Controls,Inc.makes no guarantee,either express or implied,as to the actual
revenue to be achieved post-retrofit since actual revenues are impacted by variables outside the control of
Johnson Controls, Inc. Examples of uncontrollable variables are:weather,droughts,floods, Imposed
restrictions,regulatory changes, demographic shifts, industrial base,&utility rates. Johnson Controls,lnc,
makes no representation about Customer's ability to meet Its financial commitments to third party financing
sources and Johnson Controls,Inc. is not liable for any obligation of Customer to third party financing sources.
The following equations have been used to determine the impact of improved meter accuracy on Baseline revenues.
These equations will be used post-retrofit,along with tested meter accuracy.to determine the performance of the
improvement measure versus guarantee.
Increased water and sewer revenues during the installation period will be based upon the actual percentage of new
meters installed each month and the manufacturer's stated accuracy for all new meters.
Equations
(Refer to Schedule 2 Exhibits 4 and 7 for Baseline and Schedule 2 Exhibits 8 and 9 for Post-Retrofit conditions)
Test flow rates for each meter size are listed in Schedule 2 Exhibit 7.
For Each Rate Class:
Baseline
Base Charge Annual Revenue (Baseline) =Number of Meters`Monthly Base Rate* 12 Months/Year
Marginal Revenue above Billable Gallons(Baseline)=Annual Revenue—Base Charge Annual Revenue (Baseline)
Page 19 of 32
Performance Contract(Rev 14)
V I 11J ii VV lUL 1V 111 11111 UUT UV VZV I UV1111UV11 VVII U.I.UlU 111U1 J VYVI V VY
Post-Retrofit
Base Charge Annual Revenue(Post-Retrofit)= Number of Meters*Monthly Base Rate 12 Months/Year
Marginal Revenue above Billable Gallons (Post-Retrofit)=Marginal Revenue above Billable Gallons(Baseline)*
(Weighted Average Meter Accuracy Post-Retrofit/Weighted Average Meter Accuracy Pre-Retrofit)
Revenue Increase=Marginal Revenue Billable Gallons(Post-Retrofit)-Marginal Revenue Billable Gallons (Baseline)
City of Opa-Locka, Florida JOHNSON CONTROLS, INC.
Initials: Initials: (y—t—,
Page 20 ef32
Performance Contract{Rev 14}
VI ( 11l YVVV 11L lv111 11111 VUZ VVV VZVI VV1111A]Vll VV11V1Vlk) 111V1 ' VY1/ VVY
Schedule 2
Exhibit 6
Pre-Retrofit Monthly Billable Revenue Data-Baseline(s)
Annual Water Consumption and Revenue from October 2003 to September 2004
Revenue Avg. No.of Total Annual Total Annual
Accounts per Consumption Revenue ($)
Month
General Water Revenue 4,750 960,470,896 $3,684,115
General Sewer Revenue 4,500(Estimated) 710,932,300 $,3,418,573
Water Meter Replacement Budget
None
City of Opa-Locka, Florida JOHNSON CONTROLS, INC.
Initials: 44' Initials: c::?5,K.A---
Paga 21 of 32
ParformanGe Contract(Rev 14)
VI ! 11( LVVV llL IV$.L.L 1,1,1 UVI UVU VIVI UV1111VU11 VV111,1 VIV 1114)I VYY7 VV.
Schedule 2
Exhibit 7
Pre-Retrofit Conditions-Baseline(s)
Water Meter Average Accuracies
Pre-retrofit water meter tests were performed on meters selected at random by JCI and approved by the Customer. The
testing was performed in accordance with American Water Works Association(AWWA)guidelines. The weighted factors
used in the testing were 15%for minimum flow, 70%for intermediate flow,and 15%for high flow rates. The following
Table summarizes the test result data.
Weighted Average Accuracy Pre-Retrofit T 15% * Low Flow Rate Accuracy+'70% Mid f=low Rate Accuracy+ 15%*
High Flow Rate Accuracy.
Weighted Average Accuracy Pre-Retrofit
Meter Test Results and Flow Rates-All Meters Tested
Meter Test Flow Rates
r
Meter Size Test Qty Weighted Average Low Flow Test Mid Flow Test High Flow Test
Accuracy GPM GPM GPM
0.625"x 0.75" 117 86M% 0.25 2.0 15.0
1.00" 0 -� ,_.
1 1/2" 0
2.00" 0
3.00" 0
4.00" 0
8.00" 0
Water Meter Field Test Results
Intermediate
Minimum Flow Flow High Flow
Final Rate Accuracy Rate Accuracy Rate Accuracy Weighted Average
Ref# Manufacturer Serial# Reading (gpm) (%) (gpm} (%) (cpr) S.j 1>f.4`U q{%)
1 AMCO 13181253 234,162 0,25 0.0% 2.00 100.0% 15.00 97.0% 84.6%
2 AMCO 14281420 207,590 025 98.0% 2.00 99.0% 15.00 99.0% 98.6%
3 AMC0 14319157 32,089 0.25 0.0% 2.00 100.0% 15.00 99.0% 84.9%
4 AMCO , 14343204 163,650 0.25 0.0% 2.00 101.0% 15.00 99.0% 85.6%
5 AMCO 14390198 155,731 0.25 94.0% 2.00 100.0% _ 15.00 100.0% 99.1%
6 AMCO 14438538 110,503 0.25 94.0% 2.00 100.0% 15.00_ 99.0% 99.0%
7 AMCO 15315129 111,713 0.25 96.0% , 2.00 96.0% 15.00 99.0% 96.5%
9 BADGER 9704699 49.998 0.25 94.00% 2.00 98.00% 15.00 97.60% 97.3%
9 BADGER 12498571 5199,747 0.25 80.0% 2.00 100,0% 15.00 98.0% 96.7%
10 BADGER 12985243 3,148,030 0.25 0.00% 2.00 0.00% 15.00 96.10% 14.4%
11 BADGER 12996992 , 1,359,803 0.25 0.0% 2.00 94.0% _ 15.00 98.0% 80.5%
12 BADGER 13061921 1,876,518 0.25 78.0% 2.00 99.0% 15.00 100.0% 96.0%
13 BADGER , 13401584 _ 1,741,603 0.25 0.0% 2.00 0.0% 15.00 97.0% _ 14.6%q____
14 BADGER 13434700 3,333,810 0.25 0.0% 2.00 50.0% 15.00 94.0% 49.1%
15 BADGER 15831853 349,980 0.25 92.0% 2.00 98.0% 15.00 95.0% 96-7% -
16 BADGER 15838154 537,340 0.25 0.00% 2.00 99.00% 15.00 98.40% 84.1%
17 BADGER 15838169 45,267 0.25 96.0% 2,00 101.0% 15.00 100.0% 100.1%
Page 22 of 32
Performance Contract(Rev 14)
VI / 11f •VVV 1l'L 1v,11 1 il:l VV1 UV VZV I VV11111)V11 VV11V1 Vlk/ 111V, 4CIVINISV VVN
Minimum Flow Intermediate Flow High Flow
Final Rate Accuracy Rate Accuracy Rate Accuracy Weighted Average
Ref# Manufacturer Serial# Reading (gpm) (%) (gpm) (%) (gpm) 1%) Accuracy(%)
18 BADGER 15838176 482,104 0.25 0.0% 2.00 95,0% 15.00 98.0% 81.2%
19 BADGER 16432597 266,023 _ 0.25 98,0% 2.00 100.0% 15.00 98.0% 99.4%
20 BADGER 16702261 2334191 0.25 98.0% 2.00 99.0% 15,00 100,0% 99,0%
21 BADGER 17916717 243,453 0.25 99.0% 2.00 100.0% 15.00 98.0% 99.6%
22 BADGER 17916731 257,189 0,25 99.0% 2.00 101.0% 15,00 98.0% 100.3%
23 BADGER 17953999 298,405 0.25 94.0% 2.00 98.0% 15.00 99.0% 97.6%
24 BADGER _ 18320799 131,962 0.25 0,0% 2.00 99.0% 15.00 99.0% 84.2%
25 BADGER 18320817 400,490 0.25 0.0% 2.00 .. 98.0% 15.00 99.0% 83.5%
26 BADGER 18320826 140,721 0.25 96.0% 2.00 98.0% 15.00 98.0% 97.7%
27 BADGER 18958399 143,584 0,25 98.0% 2.00 100.0% 15.00 100.0% 99.7%
28 BADGER 76090147 769,684 . 0.25 98.0% 2,00 99.0% 15.00 100.0% 99.0%
29 , BADGER 76202958 142.264 0.25 0.0% 2.00 0.0% 15.00 0.0% 0.0%
30 BADGER 86254691 1,847,268 , 0.25 95.0% 2.00 99.0% 15.00 _ 98.0% 98.3%
31 BADGER 88254695 _ 1,543,543 0.25 100.0% 2.00 100.0% 15.00 98.0% 99.7%
22 BADGER 89643192 909,220 0.25 0.00% 2.00 98.00% 15.00 99.20% 83.3%
33 BADGER 89643297 857,066 , 0.25 0.0% 2.00 100.0%. 15.00 99.0% 84.9%
34 BADGER 89643369_902.293 0.25 96.0% 2.00 100.0% 15.00 101.0% 99.6%
35 BADGER 89643431 329,853 0.25 0,0% 2.00 98.0% 15.00 99.0% 83.5%
36 BADGER 90484951 1,029,797._.. 0.25 97.0% 2.00 98.0% 15.00 99.0% 98.0%
37 BADGER 90327277 1,637,363 0.25 92-0% . 2.00 100.0% 15.00 99.0% 98.7%
38 BADGER 91072426 649,510 0.25 4.00% 2.00 98.00% 15.00 97.20% 83.8%
39 BADGER 91072636 871220 0.25 0.00% 2.00 101.00% 15.00 99,80% 85.7%
40 BADGER 91072809 I 2,669.151 0.25 98.0% _2.00 99.0% 15.00 95.0% 98.3%
41 BADGER 91072811 1,133,460 0.25 98.0% 2.00 98.0% 15.00 97.0% 97.9%
42 BADGER 91686171 1 361 050 0.25 98.0% 2.00 100.0% 15.00 99.0% 99.6%
43 BADGER 91686185 , 1,872,410 0.25 96.0% 2.00 99.0% 15.00 97.0% 98.3%
44 BADGER 91686215 1,37%050 0.25 , 99,0% 2.00 100.0% 15.00 100.0% 99.9%
45 BADGER 92234408 72�5 88444rW 0.25 98.0% 2.00 100,0% 15,00 99.0% 99.6%
46 BADGER 92518489 853,059 0.25 0.0% ,2.00 99.0% 15.00 100.0% 84.3%
47 BADGER 92518530 1.526,974 0.25„ 100,0% 2.00 101.0% 15.00 100.0% 100.7%
48 BADGER 92518537 2,487,240 0.25 0.00% 2_00 101.00% 15.00 99.70% 85.7%
49 BADGER 92975031 343,008 0.25 99.0% 2.00 99.0% 15.00 99.0% 99.0%
50 BADGER 92975051 , 850,520 0.25 0.00% 2.00 100.00% 15.00 99,30% 84.9%
51 BADGER 93057014 741,050 025 93.00% 2.00 100.00% 15.00 99.60% 98.9%
52 BADGER 93057033 166,081 0.25 98.0% 2.00 98.0% 15.00 _ 99.0% 98.2%
53 BADGER 93057068 1,379,895 0.25 0.0% 2.00 100,0% 15.00 99.0% 84.9%
54 BADGER 93248020 856,506 0.25 96.0% 2.00 100.0% 15.00 99.0% 99.3%
55 BADGER 93666829 708,372 025 0.0% 2.00 98.0%_ 15,00 99.0% 83.5%
56 BADGER 93748841 733,476 0.25 98.0% 2,00 99.0% 15.00 100.0% 99.0%
57 BADGER 93748851 691,401 , 0.25 98.0% 2.00 99.0% 15.00 97.0% 98.6%
58 BADGER 93748873 983300 0.25 94.00% 2.00 100.00% 15.00 98.50% 98.9%
59 BADGER 94262512 779.906 0.25 98.0% 2.00 100.0% 15.00 100.0% 99.7%
60 BADGER 94262571 542 645 0.25 96.0% 2.00 101.0% 15.00 99.0% 100,0% �J
61 BADGER 94252583 1,745,264 0.25 98.0% 2,00 100.0% 15.00 98.0% 99.40/x_
52 BADGER 94262592 1,056,080 0.25 94.00% 2.00 100.00% 15.00 99.3Q% 99.0%
63 BADGER 94262879 516,936 0.25 98.0% 2.00 98.0% 15.00 97.0% 97.9%
64 BADGER 94687253 111,382 0.25 98.0%a 2.00 99.0% 15.00 98.0% 98-7%
Page 23 of 32
Performance Contract(Rev 14)
VI , 11! i V VV 1l'L II/Ilit 11141 VVZ VUV VZVI VV1111AJV11 VV11VI VIA! 111VI Vi'I! VVi
Minimum Flow intermediate Flow High Flow
Final Rate Accuracy Rate Accuracy Rate Accuracy Weighted Average
Ref# Manufacturer Serial# _ Reading (gpm) (%) (gpm) % (gpm) (%) Accuracy(%)
65 BADGER 94687266 1,363,874 0.25 97,0% 2,00 100.0% 15.00 98.0% 99.3%
86 BADGER 95361129 1,666,710 0.25 98.0% 2.00 100,0% 15.00 98,0% 99,6%
67 BADGER 95492452 683,349 0.25 98.0% 2.00 98.0% 15.00 99.0% 98.2%
68 BADGER 95492507 1`49,224 0,25 96.0% 2.00 100.0% 15.00 98.0% 89,1%
69 BADGER 95945703 1,169,831 0.25 98.0% 2.00 101.0% 15.00 98.0% 100.1%
70 BADGER 95945708 1,586,194 0.25 98.0% 2.00 98.0% 15.00 97.0% 97.9%
71 BADGER 96188876 369,757 0.25 96.0% 2.00 100.0% 15.00 97,0% 99.0%
72 BADGER 96188876 376,268 0.25 100.0% 2.00 100.0% 15.00 100.0% 100.0%
73 BADGER 96188885 624,548 0.25 97.0% 2.00 100.0% 15.00 100.0% 99.6% _
74 BADGER 96765652 624.440 0.25 100.0% 2,00 100.0% 15.00 100.0% 100.0%
75 BADGER 96765664 947,896 0.25 0.0% 2.00 98.0% 15.00 98.0% 83.3%
76 BADGER 96765676 568,750 0.25 99.0% 2.00 100,0% 15.00 __ 100.0% 99.9%
77 BADGER 96765713 1,511,061 0.25 0.0% 2.00 98.0% 15.00 99,0% 83.5%
78 BADGER 96765748 526,200 0.25 98.00% 2.00 100.00% 15.00 99.40% 99.6%
79 BADGER 97339817 799,080 0.25 95.00% 2.00 99,00% 15.00 98.10% 98.3%
80 BADGER 97823472 1.280.448 025 98,0% 2.00 98.0% 15.00 97.0% 97.9%
81 BADGER 97823487 404 594 0.25 98.0% 2.00 100.0% 15,00 100.0% 99,7%
82 BADGER 98672076 535,309 0.25 0.0% 2.00 98,0% 15.00 99.0% 83.5%
83 BADGER 98672086 832.170 0.25 99.00% 2.00 100.00% 15.00 99.10% 99.7%
84 BADGER 98672091 599 357 0,25 98.0% 2.00 98.0% 15.00 98.0% 98.0%
85 BADGER 98672115 300,833 0.25 98.0% 2.00 100,0% 15.00 99,0% 99.6%
86 BADGER 98672128 101.022 0.25 0.0% 2.00 100.0% 15.00 100.0% 85.0%
87 BADGER 98672146 459 921 0,25 98.0% 2.00 98.0% 15.00 99,0% 98.2%
88 BADGER 99228667 176,489 0.25 100.0% 2.00 100.0% 15.00 99.0% 99.9%
89 BADGER 88623376 667,300 0.25 99.00% 2.00 100.00% 15.00 99.60% 99.8%
90 BADGER N/A 3,164,263 0.25 0.0% 2.00 0.0% 15.00 97.0% 14.6%
91 BADGER N/A 2,794,929 0.25 0.0% 2.00 0.0% 15.00 77.0% 11.6%
92 BADGER N/A 654,115 025 0.0% 2.00 0.0% 15.00 76.0% 11.4%
93 BADGER nn 697,020 0.25 0.00% 2.00 0.00% 15.00 97.30% 14,6%
94 HERSEY 377439 213,801 0.25 96.0% 2.00 98.0% 15.00 99.0% 97.9%
95 NEPTUNE 16960231 4,425,660 0.25 88.00% 2.00 100.00% 15.00 99.60% 98.1%
96 NEPTUNE 19500612 2 736 402 0.25 0.0% 2.00 96.0%4 15.00 100.0% 82.2%
97 NEPTUNE 19756563 2,625,500 0.25 0.00% 2,00 0.00% 15.00 0.00% 0.0%
98 NEPTUNE 22292632 5,968,570 0.25 _82.0% 2.00 100.0% 15.00 98.0% 97.0%
99 NEPTUNE 29196857 2,308,930 0.25 0.00% 2.00 74,00% 15.00 99.00% 66.7%
'100 NEPTUNE 29196875 1,355,672 0.25 0.0% 2,00 98.0% 15.00 99.0% 83.5%
101 NEPTUNE 29196876 2,137,110 0.25 0.0% 2.00 96.0% 15.00 _100.0% 82.2%
102 NEPTUNE 29197103 541,540 0.25 0.00% 2.00 18.00% 15.00 98.90% 27.4%
103 NEPTUNE 29745421 1,249,700 0.25 0.0% 2.00 100.0% 15.00 99.0% 84.9%
104 NEPTUNE 29745432 592,860 0.25 0.0% 2.00 78.0% 15.00 97.0% 69.2%
105 MM. 29945470 1,794.913 0.25 0.0% 2.00 46.0% 15.00 99.0% 47.1%
106 NEPTUNE 30307746 1 396 480 0,25 0.0% 2.00 100.0% 15,00 99,0% ,
107 NEPTUNE 30412392 914,017 0.25 94.0% 2,00 100.0% 15.00 100.0% 99.1%
108 112MEM 30870729 2 160 971 0.25 88.0% 2.00 100.0% 15.00 100.0% 99.2%
109 NEPTUNE 31459120 1,365,694 0.25 94.0% 2,00 101.0% 15.00 99.0% 99.7%
110 NEPTUNE 33499804 1,040,327 0.25 0,0% 2.00 96.0% 15.00_ 97.0% 81.8%
111 NEPTUNE 34231986 1,308,130 0.25 96.0% 2.00 100.0% 15.00 98.0% 99.1%
Page 24 of 32
Performance Contract(Rev 14)
V I! 11f L V VV 11.11 1VI1L 11111 1J VI UVU VIV1 VV1111VVl1 VV11U1V1AJ 1114,1 JVLU1 VV ■
112 NEPTUNE 98672108 149,930 0.25 _10.00% I 2.00 I 100.00% 15.00 I 100.50% 86.6%
Minimum Flow Intermediate Flow High Flow
Final Rate Accura Rata Accuracy Rate Accuracy Weighted Average
Ref# Manufacturer Serial# Reading (gpm) cy(%) (gpm) A (%) (3em) (%) Accuracy(%)
113 NEPTUNE NIA 1,607,755 025 0.0% 2.00 0.0% 15.00 922.0% 13.8%
114 NEPTUNE N/A 1,209,802 0.25 0.0% 2.00 99.0% 15,00 _, 100.0% 84.3%
115 NEPTUNE N/A 923,693 0.25 0.0% 2.00 99.0% 15.00 100.0% 843%
116 ROCKWELL 31770814 269,381 0.25 88.0% 2.00 99.0% 15.00 98.0% 97.2%
117 ROCKWELL 31911536 136,286 025 0.0% 2.00 100,0% 15.00 99.0% 84.9%
These Accuracies will be derated at.3%per year.
Pre-retrofit water meter accuracies used for calculations
Year 1 Year 2 Year 3 Year 4 Year 5
.625"x.75" 90.0% 89.7% 89.4% 89.1% 87.8%
1.00" 90.0% 89.7% 89.4% 89.1% 87.8%
1.50" 90.0% 89,7% 89.4% 89.1% 87.8%
2.00" 88.0% 87.7% 87.4% 87.1% 86.8%
Year 6 Year 7 Year 8 Year 9 Year 10
.625"x.75" 87.5% 87.2% 86.9% 86.6% 86.3%
1.00" 87,5% 87. 2% 86.9% 86.6% 86.3%
1.50" 87.5% __87.2% 86.9% 86.6% 86.3%
2.00" 85.5% 85.2% 84.9% - 84.6% 84.310
City of Opa-Locka, Florida JOHNSON CONTROLS, INC.
Initials: initials:
Page 25 of 32
Performance Contract(Rev 14)
V I 1 11! YUVU 1LL 1UI lY 111:1 UUT UVU V IV I UU1111A]VI/ VVIL dL VIA] 111L1 J VYV/ VUY
Schedule 2
Exhibit 8
Post-Retrofit Meter Guarantees&Exclusions
Meter sizes Included In the Performance Guarantee
Meter Size Qty
.625"x _75" 4.269
1" __ 217
1.5" 112
2" 139
3" 2
4" 1
8" 3
City of Opa-Locka, Florida JOHNSON CONTROLS, INC.
_4P_Initials: Initials: TC-a-----
Page 26 of 32
Performance Contract(Rev 14)
V I 11( LVVV 1VL _U.iU 1Llil VUT UVU VZVI UV11110Vll VV11Vi ViV 111Vu VL I! VS/J.1
Schedule 2
Exhibit 9
Post-Retrofit Conditions
Water Meter Average Accuracies
Post-retrofit water meter tests were performed on meters selected at random by JCl and approved by the Customer. The
testing was performed in accordance with American Water Works Association (AWWA)guidelines. The weighted factors
used in the testing were 15%for minimum flow,70%for intermediate flow, and 15%for high Saw rates. The following
Table summarizes the test result data
Weighted Average Accuracy Post-Retrofit= 15% *Low Flow Rate Accuracy+70%*Mid Flow Rate Accuracy+ 15%
High Flow Rate Accuracy
Post-Retrofit Guaranteed Meter Accuracy,
5/8 X 1.0 1.5 2.0 3.0 4.0 6.0 8.0 10.0
3,4
Installed 98.0% 98.0% 98.0% 96.0% 96.0% 96.0% 96.0% 96.0% 96.0%
Year 1 97.7% 97.7% 97.7% 95.7% 95.7% 95.7% 95.7% 95.7% 95.7%
Year 2 97.4% 97.4% 97.4% 95.4% 95.4% 95.4% 95.4% 95.4% 95.4%
Year 3 97.1% 97_1% 97_1% 95.1% 95.1% 95.1% 95.1% 95.1% 95.1%
Year 4 96.8% 96.8% 96.8% 94.8% 94.8% 94.8% 94.8% 94.8% 94.8%
Year 5 96.5% 96.5% 96.5% 94.5% 94.5% 94.5% 94.5% 94.5% 94.5%
Year 6 96.2% 96.2% 96.2% 94.2% 94.2% 94.2% 94.2% 94.2% 94.2%
Year 7 95.9% 95.9% 95.9% 93.9% 93.9% 93.9% 93.9% 93.9% 93.9%
Year S 95.6% 95.6% 95.6% 93.6% 93.6% 93.6% 93.6% 93.6% 93.6%
City of Opa-Locka, Florida Johnson Controls, Inc.
Signature: - Signature: i # •
.�r_ 1� 41.4Jlff`��
Printed Name: Jennie R. Beverly Printed Name: Rr Lowery
Title:, City Manager Title: Regional Solutions Manager
Date: l Date: (p/ Z.4 b
Schedule 3
Exhibit 1
Page 27 of 32
Performance Contract(Rev 14)
VIf I1f UVVV 1VL IV 1IV 111L1 VV"I VVU VTVI UV1111VV11 VV111i1 VIA] 111V• JVU VI VVY
SERVICES SCHEDULE
1. SCOPE OF SERVICE. JCI and the Customer agree that the services checked below will be provided by JCI at the
Customer's facility.
® Performance Reporting Services
• Performance Consulting Service
Page 28 of 32
Performance Contract(Rev 14)
V I f 11.1 a VU lUL iU,1V 111;1 VUI UV() VZV I UV1111UV11 VV1141 VIA/ 111V, VLVf VUL
Schedule 3
Exhibit 2
IN PERFORMANCE ASSURANCE SERVICES
Water Meters
1)Annually verify the accuracy of a maximum 1% of the water meters, according to the attached table of Meter Size and
Count to be verified_
The scope of work is as follows;
a) Clean meter utility box
b) Visually inspect utility box for signs of water leakage
c) Replace meters with new or refurbished water meters that have been tested per AWWA standards
d) Send removed meters to factory approved testing facility for accuracy bench test
e) Rebuild and clean the removed meters and store for the following year
f) If JCI and the City determine that damaged and/or inaccurate meters were not caused by normal wear and tear,
City will be responsible for replacement of these meters.
2) The average(central tendency)and variance(spread)will be calculated to estimate the population characteristics.
Additional samples may be required if the variability in the sample test shows that the sample size is not sufficient to
draw valid conclusions about the population_ A complete retest will be conducted if the sample average is lower than
the required weighted average accuracy. If these two samples are significantly different,another retest will be
conducted. If not,the reconciliation process will be initiated as described in Schedule 2 of this agreement.
3) Report any observed operational or retrofit opportunities that would increase Customer benefits.
4) Training
5) Customer consultation
6) Telephone support as required
WATER METER PERFORMANCE REPORTING CONSULTING SERVICES
1) Provide quarterly written evaluations of the billed data to evaluate the metering system and recommend a revenue
retention strategy to maximize value.
2) Provide annual cost avoidance reports based on cost avoidance methodology described in this contract. Reporting
shall include the following;
a) Water/sewer revenues for period compared to targets
b) A summary of the annual meter accuracy testing
c) Operating and future capital cost avoidance for period_ (if applicable)
City of Opa-Locka, Florida Johnson Controls,Inc.
f
Signature: Signature: \ 1
Printed Name; Jennie R. Beverly Printed Name: ilhf,Lowery
Title: City Manager Title: Regional Solutions Manager
Date: d Date: 4/2.4/06
Page 29 of 32
Performance Contract(Rev 14)
V I , 1 1 f Y V VU 1 V L L U J U 1 I L I U U I try(' V I V I V V 1111 V V 11 4 1)11 I L V L IJ 1111), wW V V V f VV Y
Schedule 3
Exhibit 3
SERVICES COST SCHEDULE
TERM. The term of this Services Schedule shall be 8 years and shall commence on the first day of the month following
the Substantial Completion Date set forth in Schedule 1.
PRICE. The total price for JCI's Services during the term of the agreement can be found in the table below, This amount
will be paid to JCI in annual installments and will be due and payable when the Customer receives JCL's invoice.
Payment will be made in advance of the services JCI is to provide. These services will be invoiced separately from the
lease-purchase agreement payments being sent from the Customer's Lessor.
Note: This schedule does not include any service for the wireless camera/video system. If desired by the City, Johnson
Controls will be happy to propose a service contract either during or after the warranty period.
Service Agreement Costs
12 i���/I[A4Fi�.nrl u, ��+nu.la n�.�I�{�T-�
!} Hilt o u+ I : ,77;r 1«gif f'+„1)I
titft',6 ,
Installation $0
1 $45,455
2 $46,818
3 $48,223
4 $49,669
5 $51,159
6 $52,694
7 $54,275
8 $55,903
Total $404,197
1. ELECTRONIC FUNDS TRANSFER(EFT). In order to streamline the payment process for both the Customer and for
JCI, arrangements have been made for our annual Planned Service Agreement payments to be wired directly to the
bank via EFT utilizing the following information,
PLEASE ENSURE THAT INVOICE NUMBER(S) BEING PAID ARE LISTED.
COMPANY INFORMATION: Johnson Controls, Inc.
P.O. Box 2012
Milwaukee,Wisconsin 53201-2012
Page 30 of 32
Performance Contract(Rev 14)
VI / 111 Y VVV ILL 1U1_IV 1 I11 VUZ VVV VIV I VV1111A]VII VV11U1 V1 A/ 1113.)1 VVII VVY
TELEPHONE NUMBER: (414)524-3666
FAX NUMBER: (414)524-3515
EMPLOYEE ID#: 39-038-0010
FINANCIAL INSTITUTION: Bank Qne
One First National Plaza
Chicago, Illinois 60670
ROUTING TRANSIT#: 071000013
DEPOSITOR ACCOUNT#: 55—14347
TYPE OF ACCOUNT: Checking
City of Opa-Locka, Florida Johnson Controls,Inc.
Signature: Signature: %
Printed Name; nnie R. Beverly Printed Name: 'Lowery I
Title: City Manager Title: Regional Solutions Manager
Date: 7/,%,b Date: (01124,/c)(0,
•
Page 31 of 32
Performance Contract(Rev 14)
V I! 1 1! Y V V V ILL 1 U 1_La 1 L lit U V T V U U V IV I V U 1111 A]V ll V V 11 V 1 V.L 1114/ ' {JUL( VV Y
Schedule 4A
PRICE AND PAYMENT TERMS SCHEDULE
1. The Customer shall make payments to JCI for Work performed, as well as payments for Services rendered pursuant
to the Services Schedule.
(a) The price to be paid by the Customer for the Work shall be$3,298,500.00_ Progress payments(including
payment for materials delivered to JCI and work performed on and off-site)shall be made to JCI as follows:
First payment Due: $1,649,250.00, 30 days after commencement date
Second payment due: $659,700.00, 60 days after commencement date
Third payment due: $329,850.00, 90 days after commencement date
Forth payment due: $329,850.00, 120 days after commencement date
Final payment due: $329,850.00, 150 days after commencement date
Final payment, constituting the entire unpaid balance for the Work, shall be made to JCI within 30 days after
the Substantial Completion Date. Payments may be withheld on account of any breach of this Agreement by
JCI and claims by third parties(including JCI subcontractors and material suppliers),but only to the extent
that written notice has been provided to JCI and JCI has failed,within ten days of the date of receipt of such
notice,to provide adequate security to protect Customer from any loss,cost, or expense related to such
claims.
(b) The total price for JCL's Services during the Term of this Agreement is$404,197.00.This amount will be paid
to JCI in annual installments of as shown on the chart in Schedule 3 Exhibit 3.These payments will be due and
payable when the Customer receives JCI's invoice and in advance of the services JC1 is to provide and shall be
made throughout the Service Term.
2. CUSTOMER PURCHASE ORDERS. The Customer acknowledges and agrees that any purchase order issued by
Customer, in accordance with this Agreement, is intended only to establish payment authority for the Customer's
internal accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification,
or other revision to the terms of this Agreement. No term or condition included in the Customer's purchase order will
have any force or effect.
City of Opa-Locka,Florida Johnson Controls, Inc.
Signature: ( µ Signature: , -' Ake „•�
Printed Name: Jannie R. Beverly Printed Name: Lowery
Title: City Manager Title; Regional Solutions Manager
Date: 7/7* Date: !9(1 p
Page 32 of 32
Performance Contract(Rev 14)
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MIN ea F.
CI IIIIII A x U x F U U
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MAINTENANCE AGREEMENT
This Maintenance Agreement(this"Maintenance Agreement') is entered into as of the last date of execution on the signature page
hereto (the"Effective Date")by and between Itron, Inc. ("Itron")and City of Opa Locka("Customer'). Itron and Customer may each
be referred to as a"Party and together as the"Parties."The Parties agree as follows:
1. Technical Support
a. Support Services.
Itron will make available qualified technical representatives by telephone, email or other remote means during its then-current normal
business hours to assist Customer Coordinators (defined below) with the operation of and answer questions related to the software (the
"Software") and equipment (the "Equipment') identified on Attachment A (together, the "Products"), which are covered by the
services described herein (the "Maintenance Services"). Such technical support shall include, but is not limited to, troubleshooting,
problem diagnosis, release or system management, and recommendations for fully utilizing the Products. Itron's current Support
Services contact and support hours are described in the "Itron Support Services Contacts" document (the"Contacts Document'),
which can be obtained by calling (877)487-6602. Consistent with Section 1.c hereof, Customer will not use Support Services technical
representatives in lieu of having qualified and trained support personnel of its own.
b. Field Support.
Upon mutual agreement of the Parties, Itron will dispatch support personnel to Customer's location to provide technical support. Such
support will be billed at Itron's then-current hourly rates (with reasonable travel and living expenses invoiced at Itron's cost) unless the
cause of the reported problem is found to be the fault of Itron.
c. Customer Coordinators and Service Requests.
Customer will identify no more than 2 supervisory level employees (each a "Customer Coordinator') for each Itron product line, as
identified in the Contacts Document, to serve as administrative liaisons to Itron for all matters pertaining to the Maintenance Services
for such product line. Customer Coordinators shall report problems with Software or Equipment (each such report, a "Service
Request') as soon as practicable for entry into Itron's support tracking system. Before a Customer Coordinator interfaces with Itron, he
or she will attend training sessions offered by Itron to ensure that he or she is (a) knowledgeable about the operation of the Products,
and (b) qualified to perform problem determination and remedial functions with respect to the Products. Such training sessions will be
at Itron's then-current rates. Customer will be solely responsible for all travel and other expenses incurred in connection with such
training sessions. If Itron notifies Customer that additional training is necessary, Customer will promptly ensure that all applicable
employees and/or Customer Coordinators receive such training.
2. Software Maintenance
a. Definitions.
"Error'means a failure of the Itron Software to substantially comply with the applicable published Itron specifications.
"Fix" means a correction of an Error, including a work-around, in order for the Itron Software to function in accordance with the
applicable published Itron specifications.
"Improvement'means an update, modification, enhancement, extension, new version (regardless of name or number), new module, or
other change to the Itron Software that is developed or otherwise provided by Itron.
"Itron Software"means Software identified on Attachment A as"Itron Software."
"Software Release" means a collection of Fixes or Improvements made available to Itron customers (either via physical media or
download access).
b. Fixes.
Itron shall make commercially reasonable efforts to provide Fixes for Errors identified in a Service Request in accordance with the
Response Time, Effort Level, and Escalation Path guidelines (together, the "Service Levels") outlined below for the applicable Severity
Levels identified therein. Itron's obligations with respect to Service Levels are contingent upon Customer (i) devoting the same level of
effort to resolving the Error as is required of Itron, (ii) responding to requests made by Itron within the applicable Response Time, and
(iii) assigning its most qualified personnel to help Itron address the Error.
Severity Level Response Times Effort Level and Escalation Path
Severity Level 1. An Error for which there Itron will respond to the Service Itron will have technical analysts make diligent efforts on a 24x7
is no work-around that causes the Software Request within 4 business hours of basis', or as otherwise agreed by the Parties. A Service
to be unavailable. receipt and will update Customer at Request shall be escalated to Itron's Call Center Manager if a
three hour intervals each day for Fix is not provided within 1 business day of Itron's receipt of a
unresolved Service Requests, or as Service Request.
otherwise agreed by the Parties. '24X7 support for Severity Level 1 Errors is not available for
Customer will respond to an Itron Itron Meter and Distribution products as outlined in Attachment
inquiry or request within three hours. B.
Itron Maintenance Agreement—Version 07.07.2010 Page 1 Itron&Customer Confidential
Opa Locka,City of of Maintenance Agreement 103012.docx
Severity Level Response Times Effort Level and Escalation Path
Severity Level 2. An Error other than a Itron will respond to the Service Itron will have technical analysts make diligent efforts during
Severity Level 1 Error for which there is no Request within 1 business day and normal business hours. Service Requests shall be escalated to
work-around that results in a severe loss of will update Customer at least every Itron's Call Center manager if a Fix is not provided within 3
access to the Software or that causes other day. Customer will respond to business days of Itron's receipt of a Service Request.
essential features of the Software to not an Itron inquiry or request within 1
work. business day.
Severity Level 3. An Error other than a Itron will respond to the Service Itron will have technical analysts make diligent efforts during
Severity Level 1 or Severity Level 2 Error Request within 2 business days. normal business hours.
that has a material impact on the
functionality of the Software (e.g., a feature
is not working as documented but a work-
around is available and significant business
functions are not materially impaired).
Severity Level 4. An Error other than a Itron will respond to the Service Itron will have its support analysts devote commercially
Severity Level 1, Severity Level 2 or Request within 3 business days, or reasonable efforts during normal business hours.
Severity Level 3 Error. as otherwise agreed by the Parties.
Severity Level 5. A Service Request for an N/A Itron will pass the Service Request to its internal Product
enhancement or new functionality. Management for review. If the enhancement or new
functionality requires more immediate attention, Itron Consulting
Services can be engaged to create a customized proposal at
Itron's then-current services rates.
c. Improvements.
Itron shall provide Improvements, if any, at its then-current price for such Improvements (or at no charge if such Improvements are
made available to Itron customers generally at no charge).
d. Software Releases.
Release Numbering Convention. Fixes and/or Improvements are made available to customers through
periodic Software Releases. For informational purposes, Itron's current practice (which may be changed at any time in Itron's
discretion) is to provide Releases using the numbering convention "XX.YY.ZZ."
• The "XX" in Itron's numbering convention refers to a "System Release,"which is a new version of
the item of Itron Software. A System Release may include Fixes, Improvements or interfaces to new functional modules or platforms
not previously supported by Itron.
• The "YY" in Itron's numbering convention refers to a "Service Pack Release," which is an update
to a System Release. Service Pack Releases may include Fixes or Improvements and are provided to Itron customers generally on a
periodic basis.
• The "ZZ" in Itron's numbering convention refers to a "Hot Fix Release," which an unscheduled
release is provided to one or more customers as a short-term, temporary fix to a Severity Level 1 Error. While not utilized by all Itron
Software product lines, Hot Fix Releases are not made available to Itron customers generally but may be included in the next
scheduled Service Pack for general release.
ii. Support for Releases of Itron Enterprise Edition and OpenWay Software. This subsection applies only
to Itron Enterprise Edition and OpenWay software products. Maintenance Services for Itron Enterprise Edition and OpenWay software
products shall be limited to the most recent System Release and the prior System Release(and the most current Service Pack Release
associated with such System Release). Customer will test and install Service Pack Releases associated with the System Release in
use by Customer within 6 months of such Service Pack Releases being made available to Customer. Customer will upgrade to the
latest System Release at least every twenty-four (24) to thirty-six (36) months. At Customer's request, Itron will assist with any such
upgrade at its then-current hourly rates. Itron may elect to provide Maintenance Services for an unsupported Release of Itron Software
at its then-current rates for customer support.
iii. Support for Releases of all Other Itron Software. This subsection applies to all Itron Software other than
Itron Enterprise Edition and OpenWay Software products. Maintenance Services for all Itron Software other than Itron Enterprise
Edition and OpenWay software products shall be limited to the most recent System Release and the two prior Service Pack Releases.
Customer will test and install System Releases and Service Pack Releases within 12 months of such Releases being made available to
Customer. At Customer's request, Itron will assist with any such upgrade at its then-current hourly rates. Itron may elect to provide
Maintenance Services for an unsupported Release of Itron Software at its then-current rates for customer support.
Itron Maintenance Agreement—Version 07.07.2010 Page 2 Itron&Customer Confidential
Opa Locka, City of of Maintenance Agreement 103012.docx
e. Interoperability.
Itron makes no representation or warranty regarding the ability of the Itron Software to interoperate with third party hardware or
software other than software or hardware identified as compatible with the Itron Software in Itron's published documentation for such
Itron Software(the"Documentation").
f. Documentation and Software Library.
Itron will make an electronic copy of the Documentation available to Customer at no additional charge via physical media or download
access. Itron will maintain a copy of its most recent supported version of the executable Itron Software to be made available to
Customer as necessary in the event of corrupted or inoperative Itron Software.
g. Restoring Software to Maintenance Services.
If Customer declines Maintenance Services after the end of warranty or discontinues Maintenance Services for any Itron Software, and
thereafter wishes to resume Maintenance Services for the most recent Release of such Itron Software, Customer shall, prior to
receiving such Maintenance Services, notify Itron in writing of its request for Maintenance Services and pay Itron's then-current re-
initiation fee.
h. Exclusions.
Itron shall have no obligation to Customer to the extent any Itron Software is adversely affected by: (i) use of the Itron Software in
combination with other software, equipment or communications networks that are not referenced in the Documentation; (ii) any
modification to the software or operating environment that is made other than through the fault of Itron, after the Effective Date; (iii) the
use of a version of the Itron Software that is not supported by Itron; (iv) Customer's failure to implement a Fix provided by Itron; (v) the
operation or maintenance of the Itron Software other than through the fault of Itron; (vi) viruses introduced through no fault of Itron; (vii)
use of the Itron Software other than as permitted by Itron;or(viii) Customer's failure to perform Customer responsibilities in accordance
with this Agreement.
i. Customer Responsibilities.
Remote Communications.
Customer will obtain, install, operate, and maintain remote communications software and equipment in a manner that will allow for
remote access to the Software. Customer will make such remote access available to Itron representatives, as necessary, for remote
diagnosis and troubleshooting of the Software.
ii. System Configuration and Administration.
Customer will ensure that its equipment, operating system, and data communications environment associated with the Software is
configured, operated, and maintained in accordance with the Documentation and any applicable third party documentation. These
administrative activities shall include but not be limited to: checking audit logs, clearing discovered exceptions, and performing daily,
weekly, and monthly operational tasks and system responsibilities. Customer will consult with Itron prior to making changes that may
affect the operation of the Software.
iii. Network Administration.
Customer will monitor and maintain, repair, replace and upgrade its local, and wide area network components (if any)—including
network servers, network clients, network hubs, routers, modems, and other software components necessary for efficient and reliable
network operations associated with the Software—to ensure continued conformance with the Documentation. In addition, Customer
will administer related host names, Internet Protocol addresses, network interfaces, access, security, communications, and equipment
and software version control.
iv. Database Administration.
Customer will administer the agreed upon database(s) associated with the Software, including hardware and software components, in
accordance with the Documentation or any applicable third party documentation, which administration shall include, monitoring the
database server, backing up electrical power sources, and configuring and administering of database schema, application interfaces,
networking operating system, communications, and file transfer software. Customer will maintain database files (e.g., truncate,
cleanup,and delete files consistent with industry standard practices)and perform regular data backup and data archiving.
v. Data Review.
If Itron determines that it is necessary to evaluate Customer data in order to reproduce error conditions not reproducible with Itron's
standard test data sets, Customer will provide Itron with access to such data. Itron will manage such data in a secure manner while in
use and delete the data from Itron systems upon completion of the investigation. Itron shall not be liable for any delay or failure to
resolve the problem if access to such production data is denied to Itron.
3. Equipment Maintenance
a. Preventive and Corrective Maintenance.
Upon receipt of an item of Itron Equipment (defined below) for which Customer has subscribed to receive Maintenance Services
("Covered Equipment'), Itron shall (i) perform the preventive Maintenance Services that it determines is reasonably necessary to
maintain such Equipment in Operational Condition (defined below), and (ii) diagnose and correct any failure in such Equipment as
necessary to meet Operational Condition (excluding minor cosmetic deficiencies such as blemishes, dents or scratches). The term
"Itron Equipment' refers to Equipment identified on Attachment A as "Itron Equipment." The term "Operating Condition" means
capable of performance in accordance with Itron's published specifications.
b. Maintenance Procedures.
Customer shall initiate a request for Maintenance Services for an item of Itron Equipment by delivering the item to the applicable Itron
address identified on the Itron Equipment Repair Table (the "Repair Table"), which can be obtained by calling (877) 487-6602, at
Itron Maintenance Agreement—Version 07.07.2010 Page 3 Itron&Customer Confidential
Opa Locka,City of of Maintenance Agreement 103012.docx
Customer's expense and in accordance with the applicable return material authorization procedure. Upon receipt of an item of Itron
Equipment with the required information, Itron shall assess the item to determine whether it is Covered Equipment and whether the
maintenance requested is included within the Maintenance Services and not otherwise excluded from coverage as provided herein. If
the item of Itron Equipment is Covered Equipment and the maintenance requested is included in the Maintenance Services, Itron shall
provide the applicable Maintenance Services and shall make commercially reasonable efforts to return the item of Itron Equipment to
Customer at Itron's expense within the applicable turnaround identified on the Repair Table. Itron Equipment that is not Covered
Equipment or maintenance or support that is requested but not included in the Maintenance Services shall be addressed as described
in Section 3.d hereof.
c. Exclusions.
The Equipment Maintenance Services described herein do not include repairs related to:
Damage due to external causes, including accident, abuse, misuse, inadequate maintenance, problems with
electrical power, acts of God; usage not in accordance with product instructions or in a configuration not approved by Itron;
ii. Service (including installation or de-installation) not performed or authorized by Itron;
iii. Use of parts, configurations or repair depots not certified by Itron;
iv. Customer's failure to perform Customer responsibilities in accordance with this Agreement, including caring
for Products in accordance with user documentation; or
v. Products for which Itron has discontinued Maintenance Services pursuant to Section 5 hereof.
d. Estimation Fees
Itron will provide Customer with a price quote for the estimated cost, including labor, materials and shipping, for any repairs that are
requested but not included in the Maintenance Services (whether because the item of equipment is not covered by Maintenance
Services or because the nature of the repair is not included in Maintenance Services). If Customer elects to have Itron proceed with the
requested maintenance on any such item, Itron shall provide such services at its then-current rates. If Customer elects not to proceed
with the requested repair, Itron will return the item of equipment at Customer's expense. Itron may charge Customer its then-current
handling, inspection and shipping fees for any such returned equipment.
e. Adding/Restoring Equipment to Maintenance Services.
Following the Effective Date, additional Itron Equipment purchased by Customer, of a similar type and model already covered by
Maintenance Services, shall automatically be deemed to be Covered Equipment following expiration of the warranty for such
Equipment. If Customer declines Equipment coverage after the end of warranty or if Customer discontinues Maintenance Services for
any Covered Equipment, and thereafter wishes to add such equipment as Covered Equipment, Itron may, prior to such equipment
being included as Covered Equipment, (i) inspect such equipment at its then-current rates to determine whether it is in Operating
Condition and/or(ii)charge its then-current re-certification fee, in addition to the Equipment's first term maintenance fee.
f. Customer Responsibilities.
Itron shall make available, and Customer shall obtain, a copy of Itron's user documentation for items of Covered Equipment and
Customer shall perform regular preventive maintenance for each such item in accordance with such documentation. Customer shall
also keep accurate records of Equipment serial numbers and locations to assist Itron with the Maintenance Services.
g. Loaner Equipment Program.
Subject to the requirements below, Itron shall make commercially reasonable efforts to provide Customer with a Mobile Collector or
Handheld unit, as applicable, for the Customer to use (each an item of "Loaned Equipment') while a Mobile Collector or Handheld
unit, as applicable, that is Covered Equipment is receiving Maintenance Services. Itron shall provide Loaned Equipment if all the
following criteria are satisfied:
Customer has maintained an inventory of spare Mobile Collectors or Handheld units equal to at least 10
percent of the number of Mobile Collectors or Handheld units deployed in Customer's service territory (with at least one Mobile
Collector)and such inventory has been depleted;
ii. Itron has provided preventive Maintenance Services for each of Customer's Mobile Collectors or Handheld
Devices (as applicable)that are Covered Equipment in the 12-month period prior to Customer's request for Loaned Equipment;and
iii. Itron is unable to return the Mobile Collector or Handheld Devices, as applicable, receiving Maintenance
Services within the applicable turnaround time set forth on Attachment A.
iv. Loaned Equipment will remain the property of Itron and shall be returned to Itron promptly upon receipt of
the corresponding item of Itron Equipment. For Loaned Equipment that is not returned within 14 days from shipment of the
corresponding item of Itron equipment, Itron may charge a late fee equal to 10 percent of the then-current list price for the item of
Loaned Equipment for each 30 day period during which the item of Loaned Equipment remains unreturned. Itron shall pay the cost of
delivering Loaned Equipment to Customer and Customer shall pay the cost of returning Loaned Equipment to Itron.
4. Compensation and Payment
a. Definitions
"Annual Adjustment'means Itron's standard price increase.
"Annual Fee" means the annual fee set forth on Attachment A hereto for each category of Products identified thereon plus the Annual
Adjustment, if any. The Annual Fee for Maintenance Services to be provided for any partial Maintenance Year(i.e.,for Products with a
Maintenance Commencement Date that falls after the beginning of the Maintenance Year) shall be prorated based on the applicable
number of months Customer is to receive Maintenance Services during such Maintenance Year.
Itron Maintenance Agreement—Version 07.07.2010 Page 4 Itron&Customer Confidential
Opa Locka,City of of Maintenance Agreement 103012.docx
"Maintenance Commencement Date" means the date for commencement of the Maintenance Services for a Product identified on
Attachment A hereto.
"Maintenance Yeas"means any period of 1 year during the Term beginning on the Effective Date or any anniversary thereof
b. Compensation and Invoicing.
As compensation for the Maintenance Services, Customer shall, in advance, pay to Itron the Annual Fee for each Maintenance Year in
which it receives Maintenance Services. Itron shall invoice Customer for Maintenance Services to be provided during the first
Maintenance Year as soon as practicable following the Effective Date. For Maintenance Services provided during any subsequent
Maintenance Year, including Maintenance Services for newly purchased Products, Itron shall provide Customer with a renewal notice at
least 100 days prior to the commencement of each Maintenance Year. Customer may discontinue Maintenance Services for a Product
by providing Itron with written notice of nonrenewal for such Product no less than 90 days prior to the commencement of any
subsequent Maintenance Year. Approximately 20 days prior to the commencement of any subsequent Maintenance Year, Itron shall
provide Customer with an invoice for the Annual Fee payable by Customer for the forthcoming Maintenance Year. Itron may, in its
discretion, invoice Customer for Maintenance Services for a Product that is added during the course of any Maintenance Year as soon
as such Product has been added or at the beginning of the next Maintenance Year.
c. Payment.
Invoices will be due and payable 30 days following the date of invoice. For invoices not paid within 30 days of the invoice date, in
addition to other remedies to which Itron may be entitled, Itron may charge Customer a late fee of 1 percent per month applied against
undisputed overdue amounts. Customer shall also be responsible for collection costs associated with late payment, if any, including
reasonable attorneys' fees. Fees paid pursuant to this Maintenance Agreement, including the Annual Fee, do not include taxes.
Customer will be responsible for and pay all applicable sales, use, excise, value-added and other taxes associated with the provision of
the Maintenance Services, excluding taxes on Itron's income generally. No endorsement or statement on any check or payment or in
any letter accompanying a check or payment or elsewhere shall be construed as an accord or satisfaction. Customer shall pay all
amounts due under this Agreement in lawful money of the United States, unless otherwise provided in Attachment A.
5. Term and Termination
a. Term.
The term of this Maintenance Agreement ("Term") shall commence upon the Effective Date and shall continue unless and until
terminated in accordance with this Section.
b. Termination.
Either party may terminate this Maintenance Agreement effective as of the end of any Maintenance Year by giving the other Party
written notice of termination at least 90 days prior to the end of such Maintenance Year. If either Party commits a material breach of or
default under this Maintenance Agreement or any agreement between the Parties related to this Maintenance Agreement, then the
other Party may give such Party written notice of the breach or default(including, but not necessarily limited to, a statement of the facts
relating to the breach or default, the provisions of this Maintenance Agreement that are in breach or default and the action required to
cure the breach or default) and, at the notifying Party's election, this Maintenance Agreement shall terminate pursuant to this Section if
the breach or default is not cured within 30 days after receipt of notice (or such later date as may be specified in the notice).
c. Effect of Termination.
Itron shall not be obligated to provide any Maintenance Services after the end of the Term. If either Party terminates the Maintenance
Agreement for a reason other than a termination for breach or default or if Itron terminates Maintenance Services for one or more
Products, Customer shall be entitled to a prorated refund of the Annual Fee.
d. End of Support.
Itron may discontinue Maintenance Services for any Equipment or Software, effective as of the end of the current Maintenance Year, by
giving Customer written notice of such discontinuance no less than 90 days prior to the end of such Maintenance Year. At Customer's
request, Itron may elect to provide custom support for products for which Maintenance Services have been discontinued at Itron's then-
current rates.
e. Survival
Any Section of this Maintenance Agreement, which by its nature is intended to survive termination or expiration, shall survive the
termination or expiration of this Maintenance Agreement.
6. Miscellaneous
a. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY SET FORTH IN THIS MAINTENANCE AGREEMENT, ITRON DISCLAIMS ALL EXPRESS OR IMPLIED
WARRANTIES, CONDITIONS, OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF ANY
COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
b. No Consequential Damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL ITRON BE LIABLE UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR COVER OR FOR ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOSS OR CORRUPTION OF DATA OR LOSS OF REVENUE, SAVINGS
OR PROFITS) OR EXEMPLARY DAMAGES, EVEN IF ITRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Itron Maintenance Agreement—Version 07.07.2010 Page 5 Itron&Customer Confidential
Opa Locka, City of of Maintenance Agreement 103012.docx
c. Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE AGGREGATE LIABILITY OF ITRON AND ITS
AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES, ARISING IN ANY
WAY IN CONNECTION WITH THIS MAINTENANCE AGREEMENT—WHETHER UNDER CONTRACT LAW, TORT LAW,
WARRANTY OR OTHERWISE—SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THIS MAINTENANCE
AGREEMENT DURING THE MAINTENANCE YEAR IN WHICH THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE.
ITRON SHALL NOT BE LIABLE FOR ANY CLAIM MADE THE SUBJECT OF A LEGAL PROCEEDING MORE THAN 2 YEARS
AFTER THE CAUSE OF ACTION ASSERTED IN SUCH CLAIM AROSE.
d. Excused Performance.
Itron shall not be liable for, or be considered to be in breach of or default under, this Maintenance Agreement on account of any delay
or failure to perform as required by this Maintenance Agreement as a result of any cause or condition beyond Itron's reasonable control.
e. Notices.
Any notice required or permitted under this Maintenance Agreement or required by law must be in writing and must be delivered in
person, by facsimile, by certified mail (return receipt requested), or by a nationally recognized overnight service with all freight charges
prepaid, to the address set forth on the signature page hereto. Notices will be deemed to have been given at the time of actual
delivery, if in person, or upon receipt (as evidenced by facsimile confirmation, return receipt or overnight delivery verification). Either
Party may change its address for notices by written notice to the other Party in accordance with this Section. Notwithstanding the
foregoing, notice of renewal or non-renewal of Maintenance Services shall be sent to the email or other address set forth on the
signature page hereto.
f. Assignment.
Customer may not assign or transfer its interests, rights or obligations under this Maintenance Agreement by written agreement,
merger, consolidation, operation of law or otherwise without the prior written consent of an authorized executive officer of Itron. Any
attempt to assign this Maintenance Agreement by Customer shall be null and void.
g. Nonwaiver.
Any failure by either Party to insist upon or enforce performance by the other Party of any of the provisions of this Maintenance
Agreement or to exercise any rights or remedies under this Maintenance Agreement or otherwise by law shall not be construed as a
waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provision, right or remedy in that or any other
instance; rather the provision, right or remedy shall be and remain in full force and effect.
h. Governing Law.
This Maintenance Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State
of Washington without reference to Washington conflicts of law principles or the United Nations Convention on Contracts for the Sale of
Goods.
i. Confidentiality.
With respect to any information supplied in connection with this Maintenance Agreement and designated by either Party as confidential,
or which the recipient should reasonably believe to be confidential based on its subject matter or the circumstances, the recipient
agrees to protect the confidential information in a reasonable and appropriate manner, and to use and reproduce the confidential
information only as necessary to perform its obligations under this Maintenance Agreement and for no other purpose. The obligations
in this Section will not apply to information that is: (i) publicly known; (ii) already known to the recipient; (iii) lawfully disclosed by a third
party; (iv) independently developed; or (v) disclosed pursuant to a legal requirement or order. The recipient may disclose the
confidential information on a need-to-know basis to its contractor's, agents and affiliates who agree to confidentiality and non-use terms
that are substantially similar to these terms.
j. Intellectual Property.
Between Itron and Customer, all patents, copyrights, mask works, trade secrets, trademarks and other proprietary rights in or related to
any product, software or deliverable provided in connection with the Maintenance Services are and will remain the exclusive property of
Itron. Any modification or improvement to an Itron product or deliverable that is based on Customer's feedback shall be the exclusive
property of Itron. Customer will not take any action that jeopardizes Itron's proprietary rights nor will it acquire any right in any such
product, software or deliverable or Itron's confidential information other than rights granted in this Maintenance Agreement.
k. Entire Agreement.
This Maintenance Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes
any and all prior agreements between Itron and Customer related to the Maintenance Services and other items furnished under this
Maintenance Agreement. No amendment, modification or waiver of any of the provisions of this Maintenance Agreement shall be valid
unless set forth in a written instrument signed by the Party to be bound thereby.
[Signature Page Follows]
Itron Maintenance Agreement—Version 07.07.2010 Page 6 Itron&Customer Confidential
Opa Locka,City of of Maintenance Agreement 103012.docx
Agreed to and Accepted by:
Customer: City of Opa Locka Itron, Inc.
Signature: Signature:
Print name: Print name:
Title: Title:
Date: Date:
Billing Contact Information Address:
Name: Itron, Inc.
Attention: General Counsel
Address: 2111 North Molter Road
Liberty Lake,WA 99019
Phone:
Email:
Renewal Notice Contact Information
Name:
Address:
Phone:
Email:
Purchase Order Number:
[Signature Page to Maintenance Agreement]
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Attachment A
See maintenance pricing summary accompanying this document,titled `Attachment A'
* [The Maintenance Commencement Date for Itron Software is the first day of the month following shipment or electronic
delivery by Itron, except the Maintenance Commencement Date for MV-RS and FCS Software is the warranty expiration date.
The Maintenance Commencement Date for Itron Equipment is the warranty expiration date.]
Itron Maintenance Agreement—Version 07.07.2010 Page 8 Itron&Customer Confidential
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Attachment B:
Itron Support Services Contacts Document
Office Address Contact Information Supported Products
Meter Data Collection Support Hours: 5am—5pm PST, M-F
2111 N Molter Rd Phone: 877.487.6602 AMR,ERTS,OpenWay,P+4,Water SaveSource,
Liberty Lake,WA 99019 Fax: 509.891.3553 Choice Connect,MVRS,Viena,Handhelds,Mobile
USA Email: support@itron.com Collectors,Data Collection Service,Service Link,
Endpoint-Link,Mlogonline,Digicorr,Zcorr,DLD,
Manager: eric.merrick @itron.com Water Watch
Website: http://support.itron.com
Meter Data Management & Hours: 7am—8pm EST, M-F
Billing Software Phone: 877.487.6602
4401 Bland Rd IEE MDM,IEE C&I Customer Care version 7.0&
Fax: 919.876.8980 higher,IEE Mass Market Customer Care 7.0&
Raleigh, NC 27609 Email: support@itron.com Higher,Revenue Protection Suite,MV-90(xi),MV-
USA Manager: dave.gilland @itron.com WEB,MV-STAR,MV-PBS,MVLT(xi)/MVP
Website: http://support.itron.com
Distribution Solutions Hours: 7am—5pm PST, M-F
2111 N Molter Rd Phone: 877.487.6602 LD-Pro,LD-Field,LD-StructureCalc,LD-Geoset
Fax: 509.928.2581 Manager,LD-Track,TLCADD,Distribution Design
Liberty Lake,WA 99019 Email: support@itron.com Studio,Distribution Asset Analysis,Distribution
USA Manager: darby.mckee@itron.com Staker,GIS View Modules,GPS Modules,other
Website: http://support.itron.com analysis Modules
Meter Data Analysis & Hours: 6am—5pm PST, M-F
Presentation Software Phone: 877.487.6602
1111 Broadway,Suite 1800 Fax: 510.749.6823 C&I Curtailment Manager,IEE C&I Customer Care
Oakland,CA Email: support@itron.com version 6.x&prior,Mass Market Customer Care
USA Manager: dan.pegan @itron.com
Website: http://support.itron.com
Electricity Meter Products PC-PRO+Advanced Suite(incl.Data Manager,
313 N Highway 11 Hours: 8am—5:00pm EST, M-F Comm.Manager,Field-Pro,Shop-Pro,HH-Pro,PC-
Phone: 877.487.6602 PRO+Views)MeterKey,Energy Audit,OpenWay
West Union,SC 29696 Fax: 864.638.4950
Tools(Intl.Field-Pro,Shop Manager). Meters:
USA Email: support@itron.com SENTINEL,CENTRON,CENTRON Polyphase,
Manager: kathy.crouse@itron.com OpenWay CENTRON/CENTRON Polyphase,
Website: http://support.itron.com Transformers,DATA STAR,VECTRON,FULCRUM,
QUANTUM Q100/STQ
Energy Forecasting & Load Hours: 8am—5pm PST, M-F
Research Phone: 800.755.9585
11236 El Camino Real Fax: 858.724.2690
San Diego,CA 92130 Email: metrixnd @itron.com MetrixND,MetrixlDR,MetrixLT,ForecastManager,
USA Irs @itron.com Load Research System
Manager: frank.monforte@itron.com
Website is not available at this time
Energy Forecasting & Load Hours: 8am—5pm EST, M-F
Research Phone: 617.423.7660
Boston, MA Fax: 858.724.2690
USA Email: metrixnd @itron.com MetrixND,MetrixlDR,MetrixLT,ForecastManager,
Irs@itron.com Load Research System
Manager: frank.monforte@itron.com
Website is not available at this time
Itron Australasia Hours: 8.30am—5.30pm AEST M-F
Level 5,33 Erskine St Phone: 1 800 246 377(free within Aust.)
Sydney, +61 2 9299 5744 AMR,ERTS,MVRS,FC200,MV-90(xi),IEE MDM,
Australia Fax: +61 2 9299 5995 MVLT(xi)/MVP
Email: support.australia @itron.com
Manager: damien.bell @itron.com
Website is not available at this time
Itron Maintenance Agreement—Version 07.07.2010 Page 9 Itron&Customer Confidential
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Itron US Gas Meter & Regulator Hours: 7:30 am—4:00pm EST, M-F Residential and Commercial Gas Meters:
Products METRIS 250,METRIS RM and METRIS Remote
Phone: 800-490-0657
970 Highway 127 North Fax: 502-484-6223 Disconnect(RD),400A,675A,800A,1000A,
Owenton, KY 40359 Email: supportC�itron.com Dattus C&I Gas Meters
USA Manager: nancv.driendPitron.com Gas Regulators:Service&Industrial Appliance
Regulators,Constant-Loaded Regulators and High
Website: http://support.itron.com Pressure Regulators.
Itron US Water & Liquid Hours: 8am—5pm EST, M-F
Measurement Meters Phone: 877-487-6602
1310 Emerald Road Fax: 800-833-6971 FLOSTAR,MULTIMAG,WOLTEX,REFINED
Greenwood,SC 29646 Email: supportPitron.com FUELS METERS,INDUSTRIAL METERS,MASS
FLOW METERS,ELECTRONIC REGISTERS,
USA Manager: robert.dillardPitron.com MECHNICAL REGISTERS,
Website:
http://www.neptuneflowmetercom/contact.htm
Web Support: Itron provides customers with an interactive support website. Customers using the support website can; Enter new,
monitor, and interact with their own Service Requests while being supported by Itron Support Services. Customers using the support
website can sign up for login credentials. Once verified, those credentials will provide access to the site to download product
information and product updates for Itron products the Customer has purchased and for which they have current entitlement rights.
Web and Email Hours: Itron response to Emails and to Web contact is provided during stated weekday business hours.
After Hours Support: Intended for Severity 1 (one) issues only, Customers may call outside the noted Phone Support hours listed
above if they have the After Hours Support option through their License/Maintenance Agreements. Customers requesting After Hours
Support will be checked against their maintenance entitlements for support verification purposes. The standard Support Service phone
numbers and menu options are applicable for After Hours support requests.
After Hours Exempt: Itron's Meter Product groups (Electricity, Gas, Liquid), Itron's Energy Forecasting & Load Research (both
locations) and Itron's Distribution product groups are exempt and do not provide after hours support at this time. Customers may leave
voice mails or e-mails at any time. Itron will return calls the morning of the next business day. Please see Itron's Holiday List for
additional support hour exemptions (Itron Access Website).
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