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Home My Public Portal About113-2014 - Stormwater & Sanitary - RP&L - Billing & Mailing ServicesBILLING SERVICES AGREEMENT THIS AGREEMENT is entered into this effective 1" day of October, 2014, by and between RICHMOND POWER AND LIGHT, a municipal electric utility owned and operated by the City 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 outsource 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 RICHMOND SANITARY DISTRICT the following billing and customer services: a. Create, print, and mail to RICHMOND SANITARY DISTRICT customers standardized billing forms and /or 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. Maintain a billing system, including the conversion of customer data and any necessary software licensing. Contract No. 113-2014 k. 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. 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 parry 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, RICHMOND SANITARY DISTRICT shall pay RP&L as follows: a. Bill Fee: Monthly billing fees equal to $0.545 per month/per customer /per each billing processed, including reminder notices. (Invoiced and payable monthly) b. Labor Fee: Labor will be billed on a time and expenses basis at the rate of $21.00 per hour for the standard billing, print, and mailing processes. c. Technical Services for computer and/or billing hardware will be billed on a time and expenses rate of $105.00 per hour. d. Reimbursement of any and all postage costs incurred during the mailing process. e. 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 one (1) year, commencing October 1, 2014, and terminating at midnight, September 30, 2015. 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 2 t. 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. In addition, notwithstanding the one-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 owing RP&L 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 releases, waives liability and agrees to indemnify RP&L with the express intention of releasing RP&L, its directors, agents, servants and employees, from all liability on any claim arising out of or in any way connected to the work of, or services provided by, RP&L, unless performed in a negligent manner or in violation of any federal, state, or local statute, rule, regulation, or ordinance. RP&L releases, waives liability and agrees to indemnify RICHMOND SANITARY DISTRICT with the express intention of releasing RICHMOND SANITARY DISTRICT, its directors, agents, servants and employees, from all liability on any claim arising out of or in any way connected to the work of, or services provided by, RICHMOND SANITARY DISTRICT, unless performed in a negligent manner or in violation of any federal, state, or local statute, rule, regulation, or ordinance. 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 3 t' 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, 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. COMPLIANCE WITH IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, RP&L certifies that RP&L is not engaged in investment activities in Iran. In the event RICHMOND SANITARY DISTRICT determines during the course of this Agreement that this certification is no longer valid, RICHMOND SANITARY DISTRICT shall notify RP&L in writing of said determination and shall give RP&L ninety (90) days within which to respond to the written notice. In the event RP&L fails to demonstrate to the RICHMOND SANITARY DISTRICT that RP&L has ceased investment activities in Iran within ninety (90) days after the written notice is given to RP&L, the RICHMOND SANITARY DISTRICT may proceed with any remedies it may have pursuant to IC 5-22-16.5, including the right to consider RP&L to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 12. GENERAL PROVISIONS — a. Assignment — Neither parry may assign this Agreement, either by operation of law or otherwise, without the prior written consent of the other party, and any prohibitive assignment shall be null and void. 4 b. Compliance — Each party 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 party. 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. Controlling Law — This Agreement shall be governed by the laws of the State of Indiana. 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) t RICHMOND SANITARY DISTRICT BOARD OF COMMISSIONERS By Sue Miller, President Gilbert Klose, Vice President (Title .,6 &? � O . 4regPtiens,�Mdember Date: t !'Z,� �' � Date: ' �' RCA4 5 RICHMOND STORM WATER MANAG MENT BOARD By Stephanie Hays -Musson, resident Gilbert Klose, Vice President Sue Miller, Member Dat�� ►��`�� APPROV�4 W§�� i-- Sarah L. Hutton, Mayor Date: �w � �- VI ) () J 1