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Home My Public Portal About071 - Sanitary & Stormwater - RP&L - Billing AgreementBILLING SERVICES AGREEMENT THIS AGREEMENT is entered into this � 4 f; - day of -v o AJ 6- , 2012, by and between RICHMOND POWER AND LIGHT, a municipally owned utility of Richmond, Indiana, located at 2000 US 27 South,*Richmond, Indiana 47374 (hereinafter "RP&L"), and RICHMOND SANITARY DISTRICT and STORM WATER MANAGEMENT BOARD, CITY OF RICHMOND, INDIANA, 2380 Liberty Avenue, Richmond, Indiana 47374 (hereinafter, collectively, "RICHMOND SANITARY DISTRICT"). WITNESSETH: WHEREAS, RICHMOND SANITARY DISTRICT is in the business of providing sewer, sanitation, and stormwater services to various sewer, sanitation, and stormwater utility customers located in the vicinity of Richmond, Indiana; and WHEREAS, RICHMOND SANITARY DISTRICT prefers to outsourcc billing services to its customers; and WHEREAS, RP&L is a pre-existing public utility with personnel and equipment available with which to provide billing services to other area utility companies; and WHEREAS, the parties herein wish to enter into an agreement by which RP&L shall provide RICHMOND SANITARY DISTRICT billing and customer services pursuant to the terms herein. NOW, THEREFORE, in consideration of the terms and conditions contained herein, including the above stated recitals, the parties agree as follows: 1. SERVICES — RP&L shall provide to , FJQHMOND SANITARY DISTRICT the following billing and customer services: a. Create, print, and mail to RICHMOND SANITARY DISTRICT customers standardized billing forms and for invoices, including the mailing envelopes and return envelopes (postage on invoices included, but not on return envelopes). b. Provide monthly financial reporting to RICHMOND SANITARY DISTRICT pertaining to billing counts and services assigned to RP&L. c. Establish an initial billing system, including the conversion of customer data and any necessary software licensing. Contract No. 71-2012 2. OWNERSHIP OF ACCOUNTS — All payments by customers shall be made payable to RICHMOND SANITARY DISTRICT and shall at all times remain the property of RICHMOND SANITARY DISTRICT. 3. RICHMOND SANITARY DISTRICT DUTIES — In order to allow RP&L to provide the above services, RICHMOND SANITARY DISTRICT shall provide to RP&L a customer database, in acceptable format to RP&L, containing all customers, addresses, and billing information. RICHMOND SANITARY DISTRICT will perform all collections, customer payments, fees, and penalties. RICHMOND SANITARY DISTRICT will enter payment information and changes in customer information into the Customer Information System. 4. PERSONNEL AND FACILITES — Each party shall provide sufficient, qualified personnel capable of performing all of the duties and obligations of that party under this Service Agreement. Further, each party shall provide access to information, equipment, and facilities that are reasonably required for the performance of this Agreement. 5. COMPENSATION — In consideration for the services provided herein, RP&L shall be paid as follows: a. An implementation/training fee of $12,000 will be due within 60 days of the signing of this contract. b. Monthly billing fees equal to $0.725, (year one of contract) and $0.565 (year two of contract) per month/per customer/per each billing processed, including reminder notices. (Invoiced and payable monthly) c. Reimbursement of any and all postage costs incurred during the mailing process. d. In the event RICHMOND SANITARY DISTRICT modifies its rates at any time during the term of this Agreement, RP&L shall be entitled to an additional one- time set-up fee for converting its system to the new rates, which fee shall be mutually agreed upon between the parties at the time of such conversion. 6. TERM — The term of this Agreement shall be for a period of two (2) years commencing October 1, 2012, and continuing through October 1, 2014. Notwithstanding the length of such term, this Agreement may be immediately terminated by RP&L with at least sixty (60) days prior written notice to RICHMOND SANITARY DISTRICT if at any time this Agreement is deemed illegal by the Indiana Utility Regulatory Utility Commission or any other similar body, or if RP&L experiences any licensing problem with its software as a result of the execution and/or performance of this Agreement. 2 In addition, notwithstanding the two-year term herein, either party may terminate this Agreement without cause with one hundred twenty (120) days written notice to the other party. Upon termination of this Agreement for any reason, RICHMOND SANITARY DISTRICT shall pay all amounts due and both parties shall either return or destroy all copies of any confidential information of the other party within thirty (30) days thereafter, as allowable by law. 7. CONFIDENTIAL INFORMATION -- The parties acknowledge and agree that in the performance of this Agreement, either party may come into possession of confidential information belonging to the other party. As a result, both parties agree that to the extent allowable by law such confidential information shall not be disclosed to third parties and that each party agrees to take reasonable precautions to prevent any unauthorized use and/or disclosure of the other party's confidential information. In conjunction therewith, RICHMOND SANITARY DISTRICT recognizes that RP&L is a municipally owned public body and may be subjected to disclosures otherwise not required of a private entity. 8. CROSS INDEMNIFICATION --- RICHMOND SANITARY DISTRICT agrees to indemnify and hold RP&L harmless from any and all claims and/or injuries, which may be caused by the negligent providing of information and/or any other negligent act of RICHMOND SANITARY DISTRICT in the performance of this Agreement. Likewise, RP&L agrees to indemnify and hold RICHMOND SANITARY DISTRICT harmless from any and all claims and/or damages caused by RP&L's negligence and/or breach of this Agreement. 9. DEFAULT — Upon material breach of any obligation hereunder by one party, the other party may terminate this Agreement upon thirty (30) days written notice to the defaulting party. Further, either party may immediately terminate this Agreement by written notice if the other party (1) becomes unable to pay its debts when due, (2) makes a general assignment for the benefit of its creditors, (3) files a Petition in bankruptcy and/or seeks reorganization, (4) has a receiver appointed over any of its assets, or (5) institutes any proceedings for liquidation. 10. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, RP&L is required to enroll in and verify the work eligibility status of all its newly hired employees through the Indiana E- Verify program. RP&L is not required to verify the work eligibility status of all its newly hired employees through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, RP&L shall provide to the Richmond Sanitary District its signed Affidavit affirming that RP&L does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event RP&L violates IC 22-5-1.7, t RP&L shall be required to remedy the violation not later than thirty (30) days after the Richmond Sanitary District notifies RP&L of the violation. If RP&L fails to remedy the violation within the thirty (30) day period provided above, the Richmond Sanitary District shall consider RP&L to be in breach of this Agreement and this Agreement will be terminated. If the Richmond Sanitary District determines that terminating this Agreement would be detrimental to the public interest or public property, the Richmond Sanitary District may allow this Agreement to remain in effect until the Richmond Sanitary District procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) RP&L will remain liable to the Richmond Sanitary District for actual damages. 11. GENERAL PROVISIONS — a. Assignment — Neither party may assign this Agreement, by either operation of law or otherwise, without the prior written consent of the other party, and any prohibitive assignment shall be null and void. b. Compliance — Each parry agrees to perform its obligations under this Agreement in accordance with all applicable laws, rules and regulations now or hereafter in effect. c. Authority — Each party warrants that it has the power and authority to execute and enter into this Agreement and provide the services described herein, and that the undersigned is duly authorized to execute this Agreement on behalf of the respective ply. d. Notices — All notices shall be in writing and sent by registered mail, overnight mail, courier, or transferred by facsimile (if confirmed by such mailing), to the addresses indicated on the first page of this Agreement, or other such address as either parry may provide by at least ten (10) days prior written notice to the other party. e. Entire Agreement — This Agreement constitutes the entire Agreement between the parties and shall not be amended except by a writing signed by both parties. f. ControlIing Law — This Agreement shall be governed by the laws of the State of Indiana. 0 IN WITNESS WHEREOF, the parties execute this Agreement as of the date first set forth above, although signatures may be affixed at a subsequent time. RICHMOND POWER AND LIGHT (Printed)12A,t) *t I Z- J7��tkl!�L- RICHMOND SANITARY DISTRICT BOARD OF COMMISSIONERS • _ J By • ichard Bodiker, President Gilbert I 1 se, Vice President (Title) Greg Stiens, Member Date: � � � f 7 r Date: U - 46 6l� RICHMOND STORM WATER MANAGEMENT BOARD B Y Su ller, President 2 �4 tA �:: �- Gilbert Klose, ice President • . odiker, Member Date: APPROVED: �.t-� eA4��' Sarah L. Hutton, Mayor Date: 7/ Z` 5