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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 2 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. 3 6 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. 4 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 5 6 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 6 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 9 6