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Elk River �. <br /> Municipal Utilities UTILITIES COMMISSION MEETING <br /> TO: FROM: <br /> Elk River Municipal Utilities Commission Mike O'Neill—Technical Services Superintendent <br /> John Dietz—Chair <br /> Al Nadeau—Vice Chair <br /> Daryl Thompson—Trustee <br /> MEETING DATE: AGENDA ITEM NUMBER: <br /> November 15, 2016 5.4 <br /> SUBJECT: <br /> Itron MV90 Master Sales Agreement <br /> BACKGROUND: <br /> ERMU needs to upgrade the Itron software that the metering department uses to upload and <br /> analyze metering data. The current software Itron Energy Audit is no longer supported. This <br /> change has been known and planned for as the replacement costs for the software were budgeted <br /> and approved with the 2016 ERMU budget. The 2016 budgeted cost for the software is $32,000. <br /> DISCUSSION: <br /> ERMU has approximately 11,000 Itron electric meters installed in our distribution system. There <br /> is not a third party software that will perform the same work as the Itron software for the meters <br /> already installed. From a financial and operational perspective, it is not practical at this time to <br /> replace all of the Itron meters on the system with meters from a different manufacturer to create <br /> an opportunity to select different software. <br /> Itron, the software provider for the new software program MV90, has a Master Sales agreement <br /> that they require all who chose to purchase their software sign. This brings with it limitations in <br /> liability and restrictions in information protection. <br /> With ERMU's legal counsel, Itron and ERMU have made modifications to the Master Sales <br /> agreement. However, there are still issues with the agreement from ERMU's legal counsel's <br /> perspective. Staff and legal counsel agree that these legal risks still existing in the agreement <br /> should be clearly communicated to the Commission prior to the execution of the contract. The <br /> contract is attached. Peter Beck, ERMU's legal counsel, will be available via conference call to <br /> walk through the agreement with the Commission and answer questions. <br /> ACTION: <br /> Staff requests Commission approval to execute the Itron MV90 Master Sales Agreement, <br /> Indirect Sales Agreement, and Maintenance Agreement. <br /> POWERED BY <br /> Page 1 of 2 NATURE <br /> Reliable Public <br /> Power Provider P OWERED To S e _ <br /> 117 <br />