HomeMy WebLinkAbout09983RESOLUTION NO. 9983
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETVVEEN THE
CITY OF PUEBLO AND THE PUEBLO BOARD OF WATER WORKS AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement between the City of Pueblo and the Board of Water
Works, a copy of which is attached hereto and incorporated herein, having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is authorized to execute and deliver the agreement in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3.
This resolution will take effect immediately upon passage.
INTRODUCED November 10, 2003
BY Al Gurule/Councilperson
APPROVED: Bill Sova/President of City Council
ATTEST: Gina Dutcher/City Clerk
Intergovemmental Agreement
This intergovernmental agreement is entered into pursuant to Sections 29-1-201
through 203, C.R.S. between Pueblo, a municipal corporation, (hereinafter City) and the
Board of Water Works of Pueblo, Colorado, (hereinafter Board), both of which are
political subdivisions of the State of Colorado within the meaning of Section
29-1-202(2), C.R.S.
Whereas, the City owns and operates wastewater and stormwater utility
enterprises, and
Whereas, the Board, pursuant to Article 15 of the City Charter operates the
water utility enterprise of the City of Pueblo, and
Whereas, the City desires to contract with the Board for billing and remittance
processing services for its wastewater and stofmwater utility enterprises, and
Whereas, the Board, subject to the conditions of this agreement, is willing to
provide these services,
Now, Therefore, in consideration of the payments to be made by the City to the
Board, and the provisions of this agreement to be performed by the parties, City and
Board agree as follows:
1. The Board will bill wastewater and stormwater charges to all Board customers
who receive those City utility services, at rates and charges established by the City,
and as furnished to the Board by the City. The City may request that the Board bill
wastewater and stormwater charges to property owners or tenants that are not water
customers of the Board. Bills to these property owners or tenants will also be billed by
the Board at rates established by the City, and as fumished to the Board by the City, at
the next regular billing cycle after the City provides the Board with the name, address,
parcel number and amount to be billed.
2. Initially, the Board will commence sto~-i-~water billing at the next regular billing
cycle after the City provides the Board with the name, address, pamel number, and the
amount to be billed provided the information is received by the Board no less than 45
days pdor to the first billing date. Thereafter, for new or additional stormwater
customers, the Board will bill wastewater and stormwater charges to water customers of
the Board and to wastewater and stormwater customers of the City, including property
owners or tenants who are not customers of the Board at the next regular billing cycle
after the City provides the Board with the name, address, parcel number, and the
amount to be billed, provided the information is received by the Board no less than 21
days pdor to the date to be billed.
3. Billing for wastewater and stormwater service will be coordinated with the
cycle billing process utilized by the Board for its water service to the various customers
that it serves. The Board cycle bills its customers on a 30-day basis processing bills
nearly every business day.
4. The Board, at its option, after consultation with the City, will design the format
for the bills and will show on the format a separate charge for water service, wastewater
service and stormwater service.
5. If inquiries or complaints to the Board are made by wastewater customers of
the City concerning charges for wastewater service, the Board will provide to such
customers information conceming the quantity of water used by the customer upon
which such charges were calculated. If, in the opinion of the Board, the quantity of
water used by the customer upon which wastewater charges were based was
erroneously measured or calculated, the Board may, at its discretion, recalculate such
charges and adjust the wastewater bill accordingly. For any relief in regard to
wastewater charges other than such adjustment, the customer will be referred to the
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City and the City will determine whether any further relief is appropriate. If the City
does make such a determination, it will notify the Board.
6. Other than referring stormwater customers to the City, the Board shall have
no duty nor authority to respond to inquiries or complaints conceming stormwater rates
and charges and shall also have no authority to negotiate with customers concerning
such rates and charges. The billing format shall contain appropriate telephone
numbers by which customers may inquire of the City about its rates and charges for
stormwater service.
'7. The Board shall maintain separate revenue accounts for the wastewater and
stormwater collections. Upon the tenth calendar day of each month, the Board shall
remit and pay to the City all wastewater and stormwater charges received and collected
pdor to the close of the Board' s billing cycle for the preceding month, after first
deducting the Board's monthly charge for providing billing services to the City. The
Board will provide to the City routine monthly accounts receivable reports which
summarize billing information, outstanding receivables and aging cdteda for delinquent
accounts.
8. The Board shall have no responsibility nor obligation to undertake debt
collections on behalf of the City for wastewater or stormwater utility service charges
once reasonable collection efforts in accordance with the Board's ordinary collection
procedures have been completed. Specifically, it is understood that the Board is not
obligated to discontinue water service to Board customers who are delinquent on
wastewater and stormwater charges, and for which the Board's ordinary collection
efforts were unsuccessful. The Board may continue to serve such customers with water
at the Board's option.
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9. Wastewater billing, receipt of payments and remittance processing for the
City by the Board will continue in accordance with established practices and
procedures, and in accordance with Chapter 6, Title XVI of the Pueblo Municipal Code.
The City agrees to provide the Board with advance written notice, of at least forty-five
(45) days, of any change to the Pueblo Municipal Code with regard to wastewater
billing that would affect customer billing.
10. With regard to stormwater billing, the City will initially provide, utilizing the
Board's customer billing database, the stormwater charge for each customer account of
the Board. As subsequent new development takes place, and new customers of the
stormwater utility come into being, the City will provide information to the Board as to
the customer to be billed, the parcel number and charge to be billed. The City shall
initially provide rates and charges to the Board not less than forty-five (45) days prior to
their effective date. Updated information in this regard will be provided to the Board on
a monthly basis thereafter. The City agrees to provide the Board with advance wdtten
notice, of at least forty-five (45) days, of any change to the Pueblo Municipal Code with
regard to stormwater billing that would affect customer billing.
11. Upon execution of this agreement, the City will pay to the Board the sum of
$40,000.00 for the cost of programming the Board's billing system and training Board
personnel relative to billing services. The City shall also pay to the Board a monthly fee
of $10,000.00, commencing the month in which stormwater billings are first made, for
the billing, receipt of payments and remittance processing services rendered by the
Board for stormwater utility billing. Also, the City shall pay to the board a monthly fee of
$23,119.00 for the Board's billing services for wastewater utility billing. The Board shall
be entitled to and will deduct these charges from the sums of money collected by the
Board before sending the wastewater and stormwater revenue to the City each month.
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Beginning January 1, 2005, and continuing each year throughout the remaining
term of this agreement, the charge for utility billing services provided by the Board to
the City shall be adjusted annually based upon the increase, if any, over the previous
year of the same percentage increase of the Board's water rates for its general
customers for treated water. The Board will give to the City at least thirty (30) days
written notice of any rate increase pursuant to this paragraph before such increase shall
be effective. Any such adjustment to a charge for billing services shall not be greater
than five percent per annum.
12. In partial consideration for the Board's services under this agreement, in the
event that a payment is made to the Board insufficient to pay the water bill and one or
both of the City's wastewater or stormwater charges in full, the pdodty of posting shall
be first to the water balance of the customer's account, then to the wastewater balance,
lastly to the stormwater balance. Any residual unpaid balance will carry forward on the
customer's account until fully satisfied, or determined to be uncollectible by the Board
after reasonable collection effort under the Board's ordinary procedures have been
exhausted. The City shall be solely responsible for collection of wastewater and
stormwater debts pursuant to its Code of Ordinances collection procedure.
13. It is agreed that the Board may rely on the information provided by the City
in its billing services and in the performance of the Board's billing services. The Board
will not be liable to the City for incidental damages relating to any billing error.
14. In the event the Board is made a party defendant in any dispute or action
filed against the City or the Board by any third party involving either the wastewater
utility enterprise or the stormwater utility enterprise and charges for such City utility
service, the City will defend the Board at City's expense or pay the costs and attorney's
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fees reasonably expended by the Board in its own defense of such actions unless such
dispute or action resulted from the sole negligence of the Board.
15. In the event that either party defaults in the performance of any of its
obligations under this agreement, in addition to any and all other remedies provided in
law or equity, each party shall have the right of specific performance against the other.
In the event of litigation, the prevailing party shall be entitled to its litigation costs,
including reasonable attorney's fees.
16. This agreement is subject to force majeure. Performance of the terms of this
agreement on the part of the Board shall be excused for such pedod of time as Board's
ability to perform the billing function with its computer equipment and software is
interrupted by storm, flood or other act of God, by fire, war, rebellion, insurrection,
sabotage, riot, strike, civil disobedience, or any other condition beyond reasonable
control of the Board.
17. Both the City and the Board will disclose to each other certain information
regarding their customers in order to accomplish the purposes of this agreement. Both
parties consider such information to be unique and valuable assets and to be
proprietary. Neither the City nor the Board shall disclose such information to third
parties. Such prohibition of disclosure includes, but is not limited to, providing the
names, addresses, payment histories, personal identification information, such as
social security numbers, banking information, ddver~s licenses, and other personal
information. The City also agrees that it will not disclose such information to City
departments other than the finance department and the wastewater utility and
stormwater utility enterprises.
Such limitation of disclosure shall not apply to information that is disclosed to a
customer through the billing process, or upon request of a customer, or required to
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collect delinquent charges, or that is required to be disclosed by law, court or a
governmental agency from whom lawful subpoenas have been issued. The parties
acknowledge that they are public entities subject to the provisions of the Colorado
Public Records Act. Prohibition of disclosure shall not apply to information required to
be disclosed pursuant to the Colorado Public Records Act.
Both parties agree to take all reasonable precautions, including the
establishment of appropriate procedures and safe filing systems to safeguard the
information being provided by each party to the other.
18. The term of this agreement shall commence on November 1, 2003, and end
December 31, 2004, and shall automatically renew for successive one (1) year terms,
unless terminated by either party upon pdor wdtten notice given to the other party at
least one hundred (180) days before the proposed date of termination. At the request
of either party, the Board and City shall meet and discuss this agreement and whether it
would be appropriate to amend or modify any provision hereof.
19. All notices to be given with respect to this agreement shall be in wdting.
Each notice shall be sent by registered or certified mail, postage prepaid and retum
receipt requested, to the party to be notified at the address set forth herein, or at such
other address as either party may from time to time designate in writing. Every notice
shall be deemed to have been given at the time it shall be deposited in the United
States mail in the manner prescribed herein. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
All notices required to be given to the Board hereunder shall be delivered to:
Executive Director
Board of Water Works of Pueblo, Colorado
319 W. 4th Street
P. 0. Box 400
Pueblo, CO 81002-0400
Or at such other address as the Board may direct by written notice to the City, mailed
by registered or certified mail.
All notices required to be given to the City hereunder shall be delivered to:
City Manager
City of Pueblo
One City Hall Place
Pueblo, CO 81003
Or at such other address as the City may direct by wdtten notice forwarded to the Board
by registered or certified mail.
20. This agreement shall be governed by and construed in accordance with the
laws of the State of Colorado.
21. All financial obligations of the City under this agreement after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted
and otherwise made available. This provision shall not however preclude the Board
from deducting its monthly charge for providing billing services to the City from the
sums of money collected by the Board before sending the wastewater and stormwater
revenue to the City each month as provided in this agreement.
22. No term or condition of this agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, dghts, protections or other
provisions for the parties under and pursuant to the Colorado Governmental Immunity
Act, Section 24-10-101, et seq., C.R.S., as now or hereafter modified.
23. This agreement constitutes the entire agreement between the parties. City
and the Board acknowledge and agree that no other statement, representations or
agreements, except those outlined herein, apply to the terms and conditions of this
agreement. This agreement may only be modified or amended pursuant to a writing
that is signed by all parties hereto.
24. This agreement shall be binding upon, and shall inure to the benefit of, the
parties hereto and their respective successors and assigns, provided however, that
none of the rights or obligations hereunder shall be assigned to any other person or
entity without the prior written consent of the other parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement on the :10th
day of November. .- _ ~ · ,2003.
CITY OF PU
BY:
ATTEST:
BOARD OF WATER WORKS
Of PUEBLO, COLORADO
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