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HomeMy WebLinkAboutR-2007-122 City of Toppenish Interlocal Agreement for Utility Bill Printing & Mailing ServicesRESOLUTION NO R-2007-122 A RESOLUTION authorizing the City Manager to negotiate an Inter -local Agreement with the City of Toppenish for the City of Yakima to provide Utility Bill Printing, Folding, Inserting, and Mailing Services. WHEREAS, the City of Toppenish provides utility services to approximately two thousand five hundred customers; and WHEREAS, the City of Toppenish has implemented an automated utility billing system that requires the printing, folding, inserting into envelopes, and mailing of their monthly utility bills; and WHEREAS, the City of Yakima possesses the equipment and expertise to efficiently and effectively perform these services; and WHEREAS, the City of Toppenish desires to have the City of Yakima perform the utility bill printing, folding, inserting, and mailing services for the City of Toppenish; and WHEREAS, the City of Yakima has the resources necessary to provide these services and is willing to do so; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to negotiate and execute an Inter -local Agreement with the City of Toppenish for the City of Yakima to provide Utility Bill Printing, Folding, Inserting, and Mailing Services and for the City of Toppenish to pay the City of Yakima for the full costs of providing said services. ADOPTED BY THE CITY COUNCIL this 4thth day of .Member, 2007. David Edler, Mayor ATTEST: ika.,5S5hcrtn, City Clerk INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE CITY OF TOPPENISH FOR A UTILITY BILLING SYSTEM THIS INTERLOCAL AGREEMENT FOR A UTILITY BILLING SYSTEM, hereinafter "Agreement," is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter "Yakima"), and the City of Toppenish, a Washington municipal corporation (hereinafter "Toppenish"). This agreement is entered into pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act. WHEREAS, Toppenish desires that Yakima provide utility billing services and Toppenish will make payment in accord with the conditions and terms of this Agreement; and WHEREAS, the City possesses the equipment to provide such services in an efficient manner; NOW, THEREFORE in consideration of the mutual covenants, promises and conditions set forth here, it is agreed by and between Yakima and Toppenish as follows: 1. Purpose. The purpose of this Agreement is to define the scope of services contracted by Yakima and Toppenish, set forth the compensation paid by Toppenish for such services and enumerate other related provisions that contribute to the mutual benefit of the parties to this Agreement. 2. Duration of Agreement. This Agreement shall become effective on the date of signing by Yakima and Toppenish, as well as filing it in accord with Section 16, and shall continue until terminated by either party in accordance with Section 11 of this Agreement. 3. Obligations of the Parties: A. City of Yakima. 1. Yakima shall print, insert into envelopes and mail the utility bills for Toppenish each month. These are separate services that Yakima shall provide as follows: a. Yakima shall print billing envelopes and the return envelopes, pass through the actual cost of the envelopes to Toppenish and charge an additional $0.015 per envelope to print them on its offset press: b. Yakima shall purchase the paper for the bills themselves and pass through the actual cost to Toppenish. c. Yakima shall print the bills from a file Toppenish emails to Yakima and charge a flat $50.00 per run for labor plus "the number of bills" x $0.0069 to cover the cost of the computer printer. 2. Yakima shall send a monthly statement to Toppenish for the service provided NOTE: These are separate services that are billed separately. The Print Shop provides and bills for services 1 a. and 1 b. Data Processing provides and bills for service 1 c. Page 1 of 4 C \Documents and Settings \Scott CITYOFTOPPENISH\Local Settings\ Temporary Internet Files \OLK5\The City of Yakima and the City of Toppenish-Utility Btllmg SystemFin (2) doe Depending on the actual number of bills, the cost for the monthly run is estimated at approximately $67.00. B. City of Toppenish. 1. Toppenish shall send the utility bills to Yakima after the first day of each month and before the last three days of each month. 2. Toppenish shall transmit payment to Yakima for the service provided when each monthly statement is received from Yakima. 3. Toppenish shall have sole responsibility for and pay all postage. 4. Administration. This Agreement will be administered by Yakima's Information Systems Manager and Toppenish's Finance Manager. 5. No Third Party Rights. This Agreement is entered into for the sole benefit of Yakima and Toppenish. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than Yakima and Toppenish may rely upon or enforce any provision of this Agreement. 6. Indemnification and Hold Harmless. a. Toppenish agrees to protect, defend, indemnify, and hold harmless Yakima, its officers, elected officials, agents, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any act and/or omission of Toppenish, its directors, officials, officers, employees, agents, volunteers, invitees, lessees, and/or occupants of its premises arising out of or in connection with the activities of Toppenish or such persons under and pursuant to this Agreement including but not limited to any personal injury, death, and/or property damage claim, demand, lawsuit or other proceeding brought against Yakima. b. In the event that the officials, officers, agents, and/or employees of both Toppenish and Yakima are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, cots and expenses (including reasonable attorneys' fees). c. The provisions of this Section shall survive the termination or expiration of this Agreement. d. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 7. Integration. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement; are deemed to exist or to bind either of the parties. 8. Modifications. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. Page 2 of 4 C. \ Documents and Settings \Scott CITYOFTOPPENISMLocal Settings\Temporary Internet Files \OLK5tThe City of Yakima and the Caty of Toppenish-Uuhty Bdlmg SystemFnr (2) doc r 9. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 10. Waiver. The waiver by either party of any term or condition of this Agreement shall not operate in any way as a waiver of any other condition, obligation or term or prevent either party from enforcing such provision. 11. Termination. The parties may terminate this Agreement, with or without cause, by written notice from either party to the other party thirty (30) days in advance of the termination. In the event of termination, the amount of compensation is prorated monthly to the nearest full month of service. 12. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 13. Notices. Unless otherwise stated herein, all notices and demands are required in written form and sent to the parties at their addresses as follows: TO CITY OF YAKIMA: TO CITY OF TOPPENISH: Richard A. Zais, Jr., City Manager City of Yakima 129 North Second Street Yakima, WA 98901 William C. Murphy, City Manager City of Toppenish 21 West First Avenue Toppenish, WA 98948 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Compliance with Law. All Parties to this Agreement shall comply with all applicable federal,, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. Page 3 of 4 C.\Documents and Settings\Scott CITYOFTOPPENISH\Local Settings\Temporary Internet Files\OLK5\The City of Yakima and the City of Toppemsh-Utility Billing Systee Fin (2) doc 16. Filing. Copies of this Agreement shall be field with the Yakima County Auditor pursuant to RCW 39.34.040, the City Clerk of Yakima and the City Clerk of Toppenish. CITY OF YAKIMA By: R. A. Zais, J ., City Manager DATE: a//`1/0 CITY OF TOPPENISH By: William C.Murph', City Manager DATE: �jt-40$ ATTEST: ATTEST: id)R A-0-toat, omg- Contract No. City Clerk Resolution No. Page4of4 Cityc�rk Contract No. iu(,Q Resolution No. x1(,4 C \Documents and Settings \Scott CITYOFTOPPENISH\Local Settings\Temporary Internet Flies \OLK5\The Cty of Yakana and the Cay of Toppenish-Uehty Billing SystemFin (2) doc { • • • USI ESS OF THE CITY COUNCIL YAM `.` A, WASHINGTON AGENDA STATEMENT Item No. 4(` For Meeting Of: September 4, 2007 ITEM TITLE: Consideration of a resolution authorizing execution of Interlocal Agreement with City of Toppenish to provide printing and mailing services for Toppenish utility bills SUBMITTED BY: Rita DeBord, Finance Director CONTACT PERSON/TELEPHONE: Rick Pettyjohn, Information Systems Manager 575-6098 SUMMARY EXPLANATION: The City of Toppenish is in the process of implementing a new utility billing system. The new system prints utility bills on letter size paper instead of the post card size bills previously used. These larger format bills must be printed, folded, inserted into envelopes, and mailed. This process requires specialized equipment. Because the City of Yakima already utilizes this equipment for processing our own utility bills, the City of Toppenish requested that we provide these services for them. Toppenish has approximately 2,500 customers. This is about the size of one of Yakima's billing sections and will not significantly affect our workload. Toppenish will electronically transfer their billing file to Information Systems and we will finish processing them. The attached Resolution authorizes the City Manager to negotiate and execute an Inter -local agreement with the City of Toppenish for the City of Yakima to print, fold, insert into envelopes and mail Toppenish's utility bills. Toppenish will reimburse Yakima for all expenses. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: