Cuyahoga Falls City Council Approves $3.7 Million Legal Settlement Between City of Cuyahoga Falls and Johnson Controls, Inc., Badger Meter, Inc., Aclara Technologies, LLC, and Conxx, Inc.

Jun 23, 2020

On Monday, June 22, 2020, Cuyahoga Falls City Council unanimously voted to approve an over $3.7 million legal settlement between and among the City of Cuyahoga Falls, Johnson Controls, Inc., Badger Meter, Inc., Aclara Technologies, LLC, and Conxx, Inc. with respect to the lawsuit initiated by the City of Cuyahoga Falls against Johnson Controls, Inc.  The resolution of this case brings closure to disputes that date back to a 2008 contractual agreement regarding the installation of an automated meter reading system and its related performance guarantee. The settlement consists of a combination of $700,000 in monetary compensation and goods and services to be rendered at discounted rates, which are to be used exclusively for an Advanced Metering Infrastructure (AMI) system that includes new water and electric meters together with new transmission software and hardware.

“I am incredibly pleased with this outcome and that we are finally able to receive these concessions from the parties for this level of products and services,” stated City of Cuyahoga Falls Law Director Janet Ciotola. “I am confident that, with this settlement, we will be able to move forward with a reliable system that will be closely monitored to ensure that all contractual obligations are successfully produced and implemented.”

In 2008, Johnson Controls, Inc. subcontracted work to Aclara Technologies, Badger Meter, and Conxx, Inc. As part of the settlement, each entity is required to provide the following:

Aclara Technologies - The City will enter into an Agreement with Aclara Technologies for the Aclara One System, a new AMI system, which includes new software, electric meters, meter transmitting units, and data collection units. This communications network will electronically transmit meter reads directly to City Hall, enabling the City to monitor customer usages, including irregularities, and provide remote disconnect capabilities.

Badger Meter - The City will enter into an Agreement with Badger Meter for the purchase of new E-Series polymer water meters and mechanical meters. The E-Series is a significant upgrade to the City’s current meters. The E-Series Meter employs solid-state electronic technology in an encapsulated, weatherproof, and UV-resistant cover to provide long-term, highly accurate flow measurement for the water utility. 

Conxx, Inc. - The City will enter into an Agreement with Conxx, Inc. for a Grid Observer, a new electronic monitoring system. This network management software provides proactive monitoring and reporting, which increases the operational efficiency of the AMI system. This technology can warn of impending hardware or network issues, thereby helping the City address problems before they occur.

The settlement agreement and contracts are anticipated to be executed by August 1, 2020. Aclara Technologies will then begin to install infrastructure and some new meters throughout the city for testing purposes. Once the City is satisfied that the new AMI system is properly functioning, deployment of new electric and water meters throughout the City will begin. The process is anticipated to take roughly 12-18 months with project completion expected in 2021.