HomeMy WebLinkAboutAgenda Report - June 5, 2002 E-12AGENDA TITLE: Adopt a resolution authorizing the City Manager to enter in sole -source service agreement
with IMSery to provide Internet load data for large industrial electric customers ($17,000)
MEETING DATE: June 5, 2002
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute a professional
services agreement with IMSery to provide load shape information for large
industrial electric customers through an Internet Web -based service.
BACKGROUND INFORMATION: This will allow the Electric Utility Department (EUD) industrial customers to
directly monitor their energy use information at a minimum on a daily basis
through an Internet Web -based service as a pilot program. A near real-time
access of information is possible. This is much more flexible and timely than the current EUD process. Currently,
these customers receive graphics either by e-mail or manually once a month. This timely, convenient method of
monitoring their energy use will facilitate energy efficiency by large EUD customers.
IMSery is in a unique position to provide this as a sole -service for the following: communication capability across all
EUD meter types, local technical support and only service serving other municipals such as Roseville and Palo Alto.
Outside funding has been applied for from the California Energy Commission (CEC). If CEC funding occurs, this will
reduce EUD cost by the CEC funding. Otherwise, staff recommends that the EUD fund the $17,000.
FUNDING: 161652
Funding Approval:
Vicky McAthi , Finance Director
Alan N. Vallow,
Electric Utility Director
PREPARED BY: Boris Prokop, Power Supply and Rates Manager
ANV/BP/Ist
C: City Attorney
APPROVED:
ix n Flynn - Ci Manager
IMSery
IMServ- - AGREEMENT TO PROVIDE ENERGY RELATED SERVICES
PARTIES
The Parties to this Agreement are:
The City of Lodi Electric Utility Department, a municipal electric utility under the laws of the State of
Califomia , having a place of business at 1331 S. Ham Lane, Lodi, California 95242. (LODI).
and:
IMSery North America LLC, a Delaware limited liability company and an Invensys Group company, having a
place of business at 8601 Six Forks Road, Raleigh, North Carolina 27615 (IMSERV).
Under the terns and conditions hereinafter set forth, and in consideration of payment by LODI of the Fees
therefore, IMSERV hereby agrees to provide to LODI, and LODI hereby agrees to purchase from IMSERV,
the Energy Related Services set forth in the Service Pricing proposal attached hereto as Exhibit A..
1. Tenn
This Agreement is effective from the date on which LODI first purchases Services from IMSERV, and shall
continue until terminated by either party for any reason or no reason at any time upon sbdy (60) days prior
written notice to the other party. In addition, either party may terminate this Agreement at any time if the
other party, after written notice of non-compliance with any of the provisions of this Agreement, fails to cure
such non-complianoe within 30 days of receipt of such notice. Upon termination of this Agreement, LODI will
pay IMSERV all amounts then due.
2. Additions to Services Schedule
From time to time, LODI may request additional Energy Related Services to be provided by IMSERV under
the terms of this Agreement. Upon acceptance by IMSERV, the description and cost of any additional or
revised Energy Related Services shall be reflected in a revision to Exhibit A and will be effective in LODI's
next billing statement.
3. Modifications to Aareement
All modifications to this Agreement shall be in writing. IMSERV may modify the terms of this Agreement from
time to time by sending such revisions to LODI at least thirty (30) days prior to such modification's effective
date. LODI's acceptance of further Energy Related Services from IMSERV after the rnodification's effective
date, without first notifying IMSERV of objections to such modifications, shall evidence c f LODI's acceptance
of such modified terms which shall thereafter be an integral part of this Agreement. Notwithstanding any
other terms of this Agreement, any permitted increase in pricing of Energy Related Services shall not
become effective until at least sixty (60) days after receipt by LODI of written notice from IMSERV of such
price increase. The terms and conditions of this Agreement shall govern if there are any inconsistent or
conflicting terms and/or conditions associated with any accompanying or subsequent purchase order or
agreement.
I MSery
4. Payments
(a) All payments due IMSERV shall be paid within thirty (30) days of being invoiced. If any payment due
IMSERV has not been paid within thirty (30) days, IMSERV may charge interest on such amounts at the rate
of 1.5% per month or any portion thereof, on all outstanding balances. All payments will be applied first
against the oldest invoice. In the event that legal action is required to collect any amounts due to IMSERV,
LODI shall pay all collection expenses, including reasonable attorney's fees.
(b) All dollar amounts referred to herein shall be in U.S. dollars.
S. Warranties. Remedies, and Limitation of Liabilities
(a) Product Warranties: All manufacturers' warranties for products sold to LODI by IMSERV pursuant to this
Agreement are hereby assigned to LODI, its successors and assigns for their benefit. IMSERV makes no
warranties with respect to any such products.
(b) Services Warranty: IMSERV warrants that the Services shall, at the time of acceptance, conform to the
requirements of Exhibit A, and shall be performed in a professional and workman like manner, free from
defects in workmanship.
THESE WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR PARTICULAR PURPOSE.
REMEDIES:
IMSERV's only obligation, and LODI's exclusive remedy, under the Product Warranties shall be limited to
processing LODI's warranty claims with the applicable manufacturers under the terns of the tatter's
respective warranties. IMSERV's only obligation, and LODI's exclusive remedy, under the Service
Warranty shall be, at IMSERV' sole cost and expense, to correct or re -perform any defective or non-
conforming Services to assure compliance with requirements of this Agreement.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL IMSERV'S LIABILITY EXCEED THE AMOUNT PAID TO IMSERV UNDER THIS
AGREEMENT.
IMSERV SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, ARISING OUT OF,
RESULTING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE SERVICES OR
PRODUCTS PROVIDED HEREUNDER, EVEN IF IMSERV HAS BEEN ADVISED THE POSSIBILITY OF
SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM FOR RECOVERY IS BASED ON (1)
BREACH OF WARRANTY OR CONTRACT, OR (II) NEGLIGENCE, STRICT LIABILITY OR OTHER
TORT.
THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED HEREIN IS YOUR
EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
6. Force Maieum
Neither Party shall be liable for any failure or delay in the performance of any obligation hereunder, if such
failure or delay is due to a cause beyond the Party's control, including, but not limited to, suspension of
LODI's contract with LODI's customer, ads of God, flood, fire, volcano, war, labor disputes, court order or
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IMSery
governmental acts; provided that such Party shall use its reasonable efforts to promptly overcome or mitigate
the delay for failure to perform. Any Party whose performance is delayed or prevented by any cause or
condition within the purview of this section will promptly notify the other Party thereof, the anticipated duration
of the delay or prevention, and the steps being taken to overcome or mitigate the delay or failure to perform.
7. Patent Warranty and Indemnity
IMSERV warrants that the performance of the services by IMSERV shall not infringe any United States
Letters Patent. IMSERV shall, at its own expense, protect, defend, hold harmless and indemnify LODI and
its successors, affiliates, agents and customers from and against any and all claims, demands, actions,
judgments, decrees, losses (including attorneys fees) arising out of any actual or alleged infringements of
any patent by reason of the performance of the services. Provided it is given reasonable notice of the
pendency of any such suit, claim or demand, IMSERV will, at its option and expense, either (i) procure for
LODI the right to continue to have the services performed; (ii) arrange to modify the services so they
become non4nfringing, but remain acceptable to LODI or (iii) assume the defense of LODI against any such
suit, claim or demand. If IMSERV assumes defense, IMSERV will not make any admission of patent validity
or enter into settlement which may impose any liability upon LODI and shall seek its views and desires, but
IMSERV shall have sole responsibility for and control of the defense and settlement of such suit, claim or
demand.
Notwithstanding the above, if any injunction against the performance of the services results in interruption of
the delivery of the services to LODI, then LODI, at its option, may terminate this Agreement without
prejudice to any other rights it may have pursuant to this Agreement or otherwise.
B. Confidential Information
The Parties acknowledge that certain information exchanged between them pertaining to this Agreement,
including information regarding technology, developments, market conditions, competitive conditions,
pricing, customer accounts and the like, constitutes confidential information, regardless of the medium of
expression of the information. Such information is and shall be held in confidence by the Parties. The
purpose of the exchange of the information is to allow the Parties to meet their obligations and
responsibilities under this Agreement, and the party receiving the information shall use it only for such
purpose.
Except as otherwise provided below, during the term of this Agreement and for a period of three (3) years
following its termination or expiration, the party receiving any confidential information, and its employees, shall
not, except with the prior consent of the disclosing party, use, divulge, disclose or communicate, or cause or
permit any other person or entity to use, divulge, disclose or communicate, to any person, firm, corporation or
entity, in any manner whatsoever, any confidential information of the disck)sing party. Each party shall use the
same degree of care to avoid publication or dissemination of the confidential information disclosed to such
party under this Agreement as it employs with respect to its own confidential information, but at all times shall
use at least reasonable care to protect against disclosure.
Confidential information does not and shall not include information:
(a) Was already known to the receiving party at the time such information is disclosed by
the other party;
(b) Was or became publicly known through no wrongful act of the receiving party;
(c) Was rightfully received from a third party without restriction;
(d) Was independently developed by the receiving party;
(e) Was furnished to a third party by the party disclosing such information under this
Agreement without a similar restriction on the third party's rights;
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IMSery
(f) Was approved for release by written authorization of the party disclosing such
information under this Agreement; or
(g) Was required by a legal or financial reporting requirement to be disclosed.
The foregoing to the contrary notwithstanding, information pertaining to LODI customers and customer
account acquired by IMSERV in its performance of services hereunder may not be disclosed at anytime to
any third party without the prior written consent of LODI or LODI's customer.
9. Notices
All notices pursuant to this Agreement shall be sent to the party at the address set forth above or to such
other location as a party may hereafter be advised. All notices shall be either (a) personally delivered, sent.
by certified mail or commercial overnight delivery service (Airborne, DHL, FedEx, UPS) or by U.S. Postal
Service Express Mail, in which case they shall be effective upon actual delivery; (b) sent by facsimile ("fax")
in which case they shall be effective upon receipt of a confirmation fax; or (c) sent via electronic mail ("e-
mail") in which case they shall be effective upon receipt of a confirmation, or reply, e-mail.
10. No Waiver
No waiver by either party of the breach by the other of any provision of this Agreement shall constitute a
continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this
Agreement. No failure to exercise, and no delay in exercising, any right, power or privilege under this
Agreement on the part of either party shall operate as a waiver of any right, power or privilege hereunder.
No single or partial exercise of any right, power or privilege hereunder shall preclude the further exercise
thereof.
11. Choice of Law
This Agreement and all matters relating to the construction, interpretation, and enforcement thereof shall be
governed by the laws of the State of California.
12. Entire Agreement
This Agreement and any modifications thereof constitute the entire agreement between the Parties relating to
the subject matter hereof. No additional or different terms or conditions contained in any purchase order
issued by LODI shall be binding on IMSERV unless specifically negotiated with and accepted in writing by an
authorized officer of IMSERV.
13. Sever Ability
If any clause or provision of this Agreement shall be held to be invalid, illegal or unenforceable under any
applicable law, the remaining provisions of this Agreement shall not be affected thereby, but shall remain in
full force and effect.
14. Indeoendent Contractor
The Parties intend that IMSERV is, and shall be deemed to be, an independent contractor, responsible for
its respective ads and all nations, and that there is no intention to establish a relationship of either
employer-employee, principal -agent, partnership, joint venture, or any other similar relationship between
LODI and IMSERV. Neither of the Parties is authorized to obligate or bind the other party in any respect.
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IMSery
IMSery North America LLC
By:
Its:
Date:
Exhibit A
CITY OF LODI
By:
H. Dixon Flynn, City Manager
Date:
APPROVED AS TO FORM
By:
a dall A. Hays, Ci A mey
ATTEST
By:
Susan Blackston, City Clerk
The services required based upon the attached IMSERV pricing proposal are the following:
• Up to 40 meters for one year's worth of historical data by the Data Import Service
• Up to 40 meters for MDMA service
• Up to 40 meter for the Star Web service
E,invensys
Attachment as part of Exhibit A
City of Lodi
IMSery Proposal for
Energy Information
Services
.dune 5, 2002
IMSery
TABLE OF CONTENTS
INTRODUCTION............................................................................................................3
QUALIFICATIONS.........................................................................................................3
REFERENCES...............................................................................................................4
SCOPE OF SERVICES/PRICING ..................................................................................4
MDMASERVICES.............................................................................................................5
MDMAPricing..................................................................................................................... 5
DATAIMPORT SERVICES....................................................................................................6
Meter Data Import Pricing................................................................................................... 6
DATA AGGREGATION SERVICES.........................................................................................6
Data Aggregation Pricing.................................................................................................... 6
STARWEBSERVICES........................................................................................................7
StarWebPricing.................................................................................................................. 7
ENERGY DATA ON -DEMAND (EDO) SERVICES....................................................................8
EDOPricing........................................................................................................................ 9
CUSTOMER SERVICE COMMITMENT.........................................................................9
2
INTRODUCTION
IMSery is pleased to provide City of Lodi with this proposal for energy information
services. IMSery is certified as a Meter Data Management Agent in all three UDC
territories in the state of California.
IMSery Information Services, along with IMSery Europe, IMSery FieldTech, IMSery
Meterpoint, and IMSofTech, make up Invensys Management Services (IMServ).
IMSery is a leading energy services company that helps electric, water, and natural
gas utilities, energy service providers, and corporations achieve greater operating
efficiencies, manage risk, and deliver superior service by providing a full spectrum of
metering services, end-to-end data management, and billing solutions.
IMSery is an operating company of Invensys plc, a global electronics and engineering
company created by the merger of BTR pic and Siebe plc on February 4, 1999. With
its head office in London, England and over 100,000 employees, Invensys operates
globally through four divisions - Intelligent Automation, Industrial Drive Systems,
Power Systems and Controls. IMSery is a business unit of the Invensys Energy
Solutions group, which is part of the Controls division.
QUALIFICATIONS
As a certified MDMA operating in both the regulated and deregulated markets,
IMSery has the experience and resources to implement flexible solutions that can be
economically and quickly deployed anywhere. In preparation for your market
opportunity, IMSery is excited to provide City of Lodi with alternatives for its energy
information services.
IMSery maintains a qualified professional staff with extensive experience servicing
the energy and utilities industries. With expertise in data collection and
communication technologies such as the Itron/UTS MV -90 system, IMSery uses the
same technology as that of its UK office, IMSery Europe (formerly UKDCS). IMSery
Europe has international renown as the leader in the collection and processing of
data from interval meters. As the MDMA for the UK, IMSery Europe runs the largest
meter data collection system in the world, reading and processing interval data from
over 86,000 meters every day. This data accounts for over 50% of the electricity
used in the UK with a wholesale value in excess of $7 billion annually.
The combined experience, resources, and product knowledge puts IMSery in a
unique position to provide City of Lodi with the highest quality data services.
REFERENCES
IMSery has experience providing various energy information services to different
types of customers. Following are some examples that represent our experience:
Customer
Contact Name
Phone Number
Scope of Services
IMSery retrieves distribution loss factors,
dynamic load profiles, and monthly
consumption values from UDC servers,
Calpol
Don Sutphin
(415) 227-1011
disaggregates monthly consumption values
x103
using dynamic load profiles, applies
distribution loss factors, aggregates by
demand zone, and supplies data to the
scheduling coordinator
Northeast
Christina
IMSery retrieves data files from Northeast
utilities
Jamharian
(860) 665-2305
Utilities, validates data, and posts to
StarWeb
IMSery collects data from TransData
TransData
Steve Clegg
(972) 470-9993
meters over ARDIS network, validates, and
posts to StarWeb
Mission
Generating plant in Pennsylvania — IMSery
Energy
Kenneth Lackey
(949) 798-7427
collects meter data daily, validates, and
produces an Excel spreadsheet daily
SCOPE OF SERVICES/PRICING
This section includes the proposed scope of the services that IMSery can provide to
City of Lodi, as well as the cost breakdown for each service.
IMSery is proposing services in the following areas:
1. MDMA services
2. Data import services plus VEE
3. Meter data aggregation services
4. Web -based data analysis (StarWeb)
5. Energy Data On -demand (EDO)
The following apply for all quoted services:
1. Pricing quotes are effective for 60 days.
2. Payments are net 30 days.
3. All contracts require a written termination notice of 60 days.
4
MDMA Services
IMSery will provide MDMA services to City of Lodi , which includes the following:
Manage the meter reading schedule
Read and retrieve meter data
Validate, edit and estimate meter data per the state and/or City of Lodi
requirements
Calculate usage
Format the interval data
Store and manage the data on the IMSery server
• Deliver the data to City of Lodi in an agreed upon format
Provide meter management records where applicable. This includes when the
meter was installed, meter device type, meter service history, and meter service
parameters.
MDMA Pricina
Data Collection with VEE 1 $12.001
One-time Cost Per
Meter
Cost Per Month
*Fee will apply only if charges for MDMA services do not exceed $250.00.
Notes:
1. Data collection does not include the cost of phone installation or monthly
phone fee, but does include the long distance charges to interrogate the
meters.
2. Validation, Editing, and Estimation are included in the above pricing.
3. Daily data delivery will be business days only. Weekend and holiday files
will be sent on the next business day.
5
Data Import Services
If City of Lodi chooses to read its own meters, IMSery can still import and process the
data. The meter data import services include the following:
Importing the raw meter data collected by City of Lodi into IMServ's data
center in Raleigh, NC in HHF format.
Validation, Editing, and Estimation (VEE)
Storing and managing the data on the IMSery server
Delivery of the data to City of Lodi in an agreed upon format
Meter Data Import Pricing
IRaw Meter Data Import with VEE (daily, weeklyI $8 00 I
or monthly)
Initial Service Setup Fee (One-time charge for
the first 50 meters. Setup fee is waived for $25.00
over 50 meters.)
Note: For accurate estimation, IMSery will require that City of Lodi provide
IMSery with three months of historical data.
Data Aggregation Services
Aggregation services consist of the monthly aggregating for ESP the Direct Access load of
participating end use customers. It includes applying daily class load profiles and distribution
line loss factors.
Data Aggregation Pricing
Aggregation set-up charge (one-time charge) 1 $1,500.00
Aggregation of monthly meter reads
(Up to 40,000 meters) $.50
Aggregation of interval meter reads I
(Up to 40,000 meters) $2.00
6
Daily Discrepancy Report
(Supplied with each DAT file, detailing missing or $250.00
extraneous reads)
Monthly Discrepancy Report
(Details all the accounts included in a particular report $100.00
run for that month)
StarWeb Services
IMServ's StarWeb service offers an Intemet-based solution that can provide City of Lodi
with access to secure, detailed interval load data from a PC workstation equipped with
Microsoft Explorer or Netscape Navigator. This service presents the energy data in an
easy -to -read graphical format available for viewing, graphing and analysis. The user,
with a secure User ID and Password, can download the data to a local PC in "tab -
separated value" format. StarWeb has a high level of system security to protect data
integrity.
&vWeb NO Day Demand Graph
StarWeb Pricing
Service setup fee (One-time charge for the first
50 meters. Setup fee is waived for over 50 $15.00 per meter
I StarWeb Access Charge I j
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StarWeb Pricing
Service setup fee (One-time charge for the first
50 meters. Setup fee is waived for over 50 $15.00 per meter
I StarWeb Access Charge I j
7
For each additional user, there will be a one-
time charge for setting up a user ID and
$5.00 per user
password.
For each additional access to meter data
$1.00 per meter per month
Notes:
1. Above prices are effective if IMSery is providing the data collection services.
2. If the quantity of meters starts above 300, all meters will be charged at $4.00 per
meter per month.
3. Customization of the login screen is available, and can be quoted according to
your speck requirements.
Energy Data On -demand (EDO) Services
EDO services are available for meters where IMSery is already providing data collection
and StarWeb services. Customers can select a meter or group of meters and
automatically schedule them to be read immediately or on a user-specified frequency
basis. Within minutes, the actual meter read can be viewed in EDO, or can be analyzed
via StarWeb.
EDO offers features that include:
• Customizable meter reading requests to include one-time and repeating with a user -
defined frequency and duration
■ Ability to read a single meter, selected meters, or a defined "batch'" of meters
■ Status screen that continuously displays the status of each read request (Accepted,
Processing, Concluded), with optional audible alert
■ Default or user -configurable setup and operation
■ Secure communication between the desktop application and the server via the
Internet
• Customizable branding of the desktop application, providing for a seamless interface
between the utility or energy provider and their customers
8
EDO Pricing
On -Demand Meter Reading
Cost Per Meter Read
On -Demand Meter Reads (First 6 total on -
demand meter reads included in the $12.00
$.50
monthly data collection charge.)*
*'Monthly data collection and StarWeb pricing still applies.
Note: EDO was designed as an adder to StarWeb. If EDO services are purchased
without StarWeb, IMSery will analyze the format and method required to deliver the
on -demand meter data to City of Lodi. Additional development costs may be
incurred.
CUSTOMER SERVICE COMMITMENT
IMSery will provide access to technical assistance for the MDMA server 24 hours a
day, 365 days a year. Our customer service staff will be available to address
questions and concerns on data availability, data corruption and adjustments, and
systems technical support.
IMSery provides the highest level of quality support, with the following services
available:
A dedicated IMSery Customer Service e-mail
Help desk support during normal business hours and business days
Available pager response outside business hours
IMSery realizes that needs change as customers grow. We are willing to work with
our customers to implement new ideas to provide better services to our customers,
and welcome any suggestions to improve and expand our services offering.
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RESOLUTION NO. 2002-118
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH IMSery TO PROVIDE LOAD SHAPE
INFORMATION FOR LARGE INDUSTRIAL ELECTRIC CUSTOMERS
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby
authorize the City Manager to execute a professional services agreement with IMSery to
provide load shape information for large industrial electric customers through an Internet
Web -based service.
Dated: June 5, 2002
I hereby certify that Resolution No. 2002-118 was passed and adopted by the
Lodi City Council in a regular meeting held June 5, 2002 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Nakanishi, and
Mayor Pennino
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2002-118