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Agenda 10/09/2018 Item #16C 310/09/2018 EXECUTIVE SUMMARY Recommendation to terminate the Siemen’s Guaranteed Energy, Water, and Wastewater Performance Savings Contract assigned to the Collier County Water-Sewer District (CCWSD) by Florida Governmental Utility Authority (FGUA) for non-appropriation. OBJECTIVE: To obtain the Board of County Commissioner’s (Board’s) approval to terminate one of the contracts assigned by FGUA at the time of the CCWSD transition of that utility. CONSIDERATION: On November 14, 2017 under Agenda Item 9B, the Board approved the Transition Agreement between FGUA and the CCWSD. In accordance with Section 3.02 (A)6 of the Transition Agreement that certain Guaranteed Energy Water and Wastewater Performance Savings Contract, dated July 25, 2016, by and between FGUA and Siemens Industry, Inc. (“Siemen’s Contract”) was assigned to the CCWSD. The installation of equipment set forth in the Siemen’s Contract was already in process at the time of transition and installation of the last component was completed in August 2018. Funds were identified from the transition for completion of the final work but Siemens has not yet submitted a final invoice. Beginning fiscal year 2019, and for the next fifteen (15) years, the Siemen’s Contract provided for annual reporting, and a Measurement & Verification Plan to confirm energy savings. The County Divisions that staff the facilities within Golden Gate City have their own staff and systems available to track the installed equipment that is currently being utilized and did not budget for this recurring annual cost. Siemen’s Contract provides at Section 7.1, as follows: Section 7.1 Termination for Non-Appropriation. In the event a Non-Appropriation has occurred in a given Fiscal year, this Contract shall immediately terminate. The termination shall be effective as of the last day of the period for which funds were budgeted for the applicable fiscal year of the termination and Siemens shall be paid for all work completed through the date of termination. (emphasis added) The CCWSD has prepared the attached termination notice letter to notify Siemen’s Industry, Inc. of this immediate termination, subject to the Board’s direction approving the termination of the agreement. FISCAL IMPACT: There is no fiscal impact from this action as we will terminate before any amounts are due. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board approves the termination for non-appropriation of the Siemen’s Contract and authorizes and directs the County Manager and/or his designee to sign and direct the termination letter to the vendor. Prepared By: Sue Jim Zimmerman, Contract Administration Specialist, Public Utilities Department 16.C.3 Packet Pg. 680 10/09/2018 ATTACHMENT(S) 1. 1435456 Siemens Notice Letter (PDF) 16.C.3 Packet Pg. 681 10/09/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 6809 Item Summary: Recommendation to terminate the Siemen’s Guaranteed Energy, Water, and Wastewater Performance Savings Contract assigned to the Collier County Water-Sewer District (CCWSD) by Florida Governmental Utility Authority (FGUA) for non-appropriation. Meeting Date: 10/09/2018 Prepared by: Title: Planner – Public Utilities Operations Support Name: Sue Zimmerman 09/21/2018 2:07 PM Submitted by: Title: Division Director - Operations Support – Public Utilities Operations Support Name: Joseph Bellone 09/21/2018 2:07 PM Approved By: Review: Wastewater Beth Johnssen Additional Reviewer Completed 09/21/2018 3:07 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 09/21/2018 4:02 PM Water Steve Messner Additional Reviewer Completed 09/24/2018 3:09 PM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 09/25/2018 8:57 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/01/2018 9:53 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/01/2018 10:37 AM County Attorney's Office Debbie Allen CAO Preview Skipped 09/27/2018 11:51 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/01/2018 10:45 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/01/2018 11:19 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/01/2018 12:23 PM County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 10/01/2018 12:32 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/09/2018 9:00 AM 16.C.3 Packet Pg. 682 September 13, 2018 Siemens Company Industry, Inc. Attn.: Gregg Eaton 8010 Woodland Center Blvd. Tampa, FL 33614 Siemens Corporation Attn.: Marc E. Bouchard 1000 Deerfield Parkway Buffalo Grove, IL 60089 Re: Guaranteed Energy, Water, and Wastewater Performance Savings Contract by and between Siemens Industry, Inc. (Siemens) and Florida Governmental Utility Authority (FGUA) dated July 25, 2016 (Agreement) Messers. Eaton and Bouchard: As your records should reflect, FGUA transferred its interests in the Golden Gate City Utilities to the Collier County Water-Sewer District (CCWSD) as of March 1, 2018. Included in that transaction, the above-referenced Agreement was assigned by FGUA to the CCWSD. This letter will serve as the CCWSD’s notice of Non-Appropriation to trigger the immediate Termination for Non-Appropriation provision in Section 7.1 of the Agreement. Section 7.1 of the Agreement provides: Section 7.1 Termination for Non-Appropriation. In the event a Non- Appropriation has occurred in a given Fiscal year, this Contract shall immediately terminate. The termination shall be effective as of the last day of the period for which funds were budgeted for the applicable fiscal year of the termination and Siemens shall be paid for all work completed through the date of termination. Effective October 1, 2018 (the CCWSD’s new fiscal year 2019) the CCWSD did not budget or appropriate for its Water and Wastewater Divisions to utilize Siemens annual services, including but not limited to the Measurement & Verification (M&V) Services. Accordingly, please submit an invoice for all unpaid work completed through September 30, 2018. The Agreement shall be deemed terminated as of September 30, 2018. 16.C.3.a Packet Pg. 683 Attachment: 1435456 Siemens Notice Letter (6809 : Terminate the Siemen’s Guaranteed Energy, Water, and Wastewater Performance Savings [18-WST-00091/1435456/1] Should you have any questions, please do not hesitate to contact the undersigned. Thank you. Respectfully, Sue Zimmerman, CPM Contract Administration Specialist - PUD Cc: Joe Bellone, Division Director 16.C.3.a Packet Pg. 684 Attachment: 1435456 Siemens Notice Letter (6809 : Terminate the Siemen’s Guaranteed Energy, Water, and Wastewater Performance Savings