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HomeMy WebLinkAboutSensus USA Inc for Monitoring and Data CollectionPROFESSIONAL SERVICES AGREEMENT FOR MONITORING AND DATA COLLECTION This PROFESSIONAL SERVICES AGREEMENT FOR MONITORING AND DATA COLLECTION (the "Agreement"), dated and effective as of Z 20]8 ("Effective Date"), is by and between Sensus USA Inc., a Delawarh'corporation whose address is 8601 Six Forks Rd., Suite 700, Raleigh NC 27516 ("Sensus"), and the City of Meridian, Idaho ("City"). WHEREAS, the City has purchased approximately eleven thousand (11,000) Sensus iPERL water meters (the "Meters"); WHEREAS, a potential dispute arose between Sensus and the City regarding the Meters (the "Dispute"); and WHEREAS, following good faith negotiations, Sensus and the City have agreed to resolve the Dispute on the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, Sensus and the City hereby agree as follows: I. Recitals. The recitals set forth above are hereby incorporated into and made a part of this Agreement. 2. Infrastructure. Data. Monitoring and Renlacement Meters. a. Flexnet Infrastructure. Sensus will provide and install at no cost to the City approximately thirty -rive hundred (3,500) Dual port 520M SmartPoint modules as well as approximately one hundred fifty (150) single port 520M SmartPoint Modules to accommodate the City's iPERL meters manufactured prior to July 2014. Additionally, at no cost to the City, during the Monitoring Period, Sensus will provide, install and configure one or more M400 Base Stations, as needed, for successful data reception of the above listed SmartPoint modules (the SmartPoint modules and the M400 Base Stations collectively "Flexnet Infrastructure"). Sensus will provide the Flexnet Infrastructure during the Monitoring Period. The SmartPoint modules (both dual port and single port), upon installation, shall become property of the City of Meridian and shall not be removed. At the conclusion of the Monitoring Period, Sensus may remove the base stations and radio tower(s), at Sensus's sole expense. b. Meter Data. Meter data transmitted from the Flexnet radio system to the Sensus owned data servers shall be provided and maintained during the Monitoring Period at no cost to the City. C. Monitoring.. Sensus agrees to monitor the data collected by the SmartPoint modules from the iPERL water meters manufactured prior to July 2014, on a per billing cycle basis (twice monthly), for a period up to two (2) years from the effective date ("Monitoring Period"). At or before one (1) year of monitoring, Sensus and the City agree to re-evaluate the monitoring program to discuss monitoring frequency as well as required steps needed for agreement conclusion. M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a y 2 2 , 2 0 1 8 – P a g e 1 4 2 o f 4 0 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a y 2 2 , 2 0 1 8 – P a g e 1 4 3 o f 4 0 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a y 2 2 , 2 0 1 8 – P a g e 1 4 4 o f 4 0 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a y 2 2 , 2 0 1 8 – P a g e 1 4 5 o f 4 0 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a y 2 2 , 2 0 1 8 – P a g e 1 4 6 o f 4 0 0 upon, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, Sensus and the City have executed this Settlement and Release Agreement as of the Effective Date. SENSUS USA INC. By: _ Name: ';i Title: 'q GS2Ms,r S�e�es5 CITY Si nature: Name: amm de rd Title: Mayor ED— n� Date:% �� DOE /=c ATTEST: jD W Signature: j r A1V Name: CJ Cole SEAL � Title: City Clerk 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a y 2 2 , 2 0 1 8 – P a g e 1 4 8 o f 4 0 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a y 2 2 , 2 0 1 8 – P a g e 1 4 9 o f 4 0 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a y 2 2 , 2 0 1 8 – P a g e 1 5 0 o f 4 0 0