CITY OF
PUBLIC WORKS/UTILITIES DEPARTMENT
To: Mayor and
City Commission
From:
By:
Date: September 13, 2007
Subject: First Amendment - US Water Services Contract
The City Administration and City staff are always exploring various
options that would enable us to offer services to our residents in an efficient
and cost effective manner. In recent years, one of the approaches that various governments
have found effective is privatization or contracting out services.
Most recently, the City contracted with US Water Services to operate our
water plant. This has shown significant efficiencies and cost reductions like
other previous contracts with outside vendors for our lift station maintenance,
engineering, police, pool, and building and permitting services.
During our FY 2007-08 budget workshops/meetings, staff recommended to
outsource the Utility Billing and Meter Reading operations (impacting Public
Works and Finance Departments) and the Vehicle Maintenance Division (impacting
Public Works and all Departments that use City vehicles). As part of our FY2007-08 Comprehensive Pay
Plan Process, the Commission approved these recommendations.
As you are aware, the primary consideration for recommending the outsourcing
of the Utility Billing and Meter Reading operations was our inability to retain
employees in these areas and to expand the services offered to our residents in
a cost effective manner.
Currently, the City has a contract with US Waters Services for the
operation of our water plant. Since this vendor also has expertise in Utility Billing
and Meter Reading operations, we are proposing to amendment our contract to
include these operations. Please be advised that US Waters will be offering our
current employees positions subject to meeting qualifications. This transition
will become effective October 1, 2007. Working with the City Attorney’s Office,
staff has prepared the attached draft of the amended contract.
Other positive features included in the contract are:
RECOMMENDATION:
The City Administration recommends Commission’s consideration and
approval of the attached resolution authorizing the City Manager and the City
Attorney’s office to negotiate an acceptable amended contract with US Water
Services to include the additional services pertaining to Utility Billing and
Meter Reading operations.
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BE IT
RESOLVED BY THE CITY COMMISSION OF THE CITY OF
Section 1: That the City Commission of the City of North Lauderdale, Florida, be and the same does hereby authorize the City Manager or designee to amend the current agreement with US Water Services to include the additional services pertaining to Utility Billing and Meter Reading operations.
Section 2: That this Resolution shall take effect immediately upon adoption.
PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida, this 13th day of September, 2007.
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY SAMUEL S. GOREN
MAYOR JACK BRADY
VICE MAYOR RICH MOYLE
ATTEST:
_________________________________________
DEPUTY CITY CLERK
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF
U.S. WATER SERVICES CORPORATION FOR OPERATION AND MAINTENANCE WATER SERVICE FACILTIES
THIS FIRST AMENDMENT dated the _______ day of ______, 2007 by and
between:
THE
CITY OF
and
U.S.
WATER SERVICES CORPORATION (“OPERATOR”), a
WITNESSETH:
WHEREAS, on ____________2006, the PARTIES entered into a
three-year agreement whereby OPERATOR agreed to provide CITY with general
operation, maintenance and staffing services for the CITY’s
Water Treatment Facility (hereinafter referred to as the "Original
Agreement"); and
WHEREAS,
the CITY currently serves
approximately ten thousand (10,000) customers through its Utility Department;
and
WHEREAS, the PARTIES are generally satisfied with their
working relationship and seek to expand upon the services provided pursuant to
the Original Agreement; and
WHEREAS, the CITY and OPERATOR
specifically desire to enter into and execute a First Amendment to the Original
Agreement setting forth the terms and conditions for OPERATOR to serve as a
contractor to the CITY for the provision of customer service and billing
functions to the CITY’s water utility customers; and
NOW, THEREFORE, for and in consideration of the sum of the
mutual covenants and other good and valuable consideration, the receipt of
which are hereby acknowledged, the parties hereto agree as follows:
Section 1. That
the recitations set forth above in the "WHEREAS" clauses of this
Agreement are true and correct and incorporated herein by this reference.
Section 2. The
PARTIES agree to the additional Scope of Services, attached hereto as Exhibit “A” and incorporated herein by
reference.
Section 3. PAYMENT. CITY
agrees to pay OPERATOR, for the provision of Basic Billing and Customer
Service, as more particularly described in Exhibit
“A”, an amount of FIVE HUNDRED TWENTY-ONE THOUSAND EIGHT HUNDRED NINETY-TWO
DOLLARS AND 00/100 ($521,892.00). OPERATOR shall provide CITY with an invoice
at the end of each month in the amount of FORTY-THREE THOUSAND FOUR HUNDRED
NINETY-ONE DOLLARS AND 00/100 ($43,491.00) for the first year of service. CITY
shall remit payment in a manner consistent with the Florida Prompt Payment Act.
The fee paid to OPERATOR shall be adjusted annually on October 1, pursuant to
the Fort Lauderdale/Miami CPI produced by the U.S. Department of Labor Consumer
Price Index for Services, U.S. Average from April to April each year. The
PARTIES shall negotiate additional compensation prior to delivery of additional
serviced by OPERATOR not provided for in this First Amendment or in the
Original Agreement. Such additional compensation shall be agreed upon in
writing.
Section 4. TERM AND
TERMINATION. This First Amendment shall begin on the Commencement
Date, October 1, 2007, and shall end on September 30, 2010. Upon mutual written
agreement of the PARTIES, this First Amendment and the Original Agreement may
be extended for additional three-year periods thereafter.
Either party may terminate this agreement with
180 days notice. In the event that the CITY is of the opinion that it could
best service its customers with direct service and would like to terminate the
scope of services referenced herein and establish billing and collection
services as a direct service provided by the CITY to its water utility
customers, it may do so with 180 days notice to OPERATOR of such decision. At
that time, OPERATOR will make all efforts to assist the CITY with transition of
data, along with history and current records maintained by OPERATOR billing
software on behalf of the CITY. OPERATOR will assist and support the training
of the CITY Finance Director to a new operation billing and collection system
ensuring proper upload of data. OPERATOR will leave all the CITY assets and
systems in good working order. Should this situation arise, OPERATOR will be
available to the CITY during this critical period with the intention of
creating a successful transition. OPERATOR will allow consideration of hire by
the CITY of
Section 5. MISCELLANEOUS.
It is understood that OPERATOR provides customer service, billing, water and
wastewater utility operations, management, construction, engineering, residual
and maintenance service functions to other municipal and privately held utility
systems. In no event is this First Amendment or the Original Agreement to
prevent or restrict OPERATOR from continuing established services, or providing
additional services, to other entities or persons now or in the future.
Section 6. DESIGNATION OF REPRESENTATIVE. The CITY shall designate, in writing, the CITY Representative to act on its behalf with respect to the services to be rendered under this First Amendment. The duties and responsibilities of the CITY Representative shall include:
1) Review and make appropriate recommendations on all requests submitted by OPERATOR for payment and work provided and performed in accordance with this First Amendment and the Original Agreement;
2) Provide all criteria and information requested by OPERATOR as to the requirements of the CITY for services performed under this First Amendment or the Original Agreement;
3) Upon request from OPERATOR, assist OPERATOR by placing at its disposal all available information in possession of the CITY pertinent to the services performed under this First Amendment or the Original Agreement;
4) Provide notice to OPERATOR of any deficiencies or defects discovered by the CITY with respect to the services rendered by OPERATOR under this First Amendment or the Original Agreement.
5) The CITY Representative shall not be authorized to issue any verbal or written orders or instructions to OPERATOR or OPERATOR’s staff that would have the effect, or be interpreted to have the effect, or modifying or changing in any way:
a) The scope of services to be provided and performed by OPERATOR under this First Amendment or the Original Agreement;
b) The time OPERATOR is obligated to commence and complete all services;
c) The amount of compensation the CITY is obligated or committed to pay OPERATOR under this First Amendment with exception of mutually agreed upon work order/change orders indicating change of scope of services by the CITY Commission; or
d) Termination of OPERATOR’s staff.
OPERATOR shall be entitled to rely upon any written notice of change of the designated CITY Representative.
The PARTIES shall meet monthly at a minimum, during the term of this First Amendment, to review additional reports that may be required, to discuss concerns or observations regarding the assigned staff or OPERATOR, which shall be taken into consideration in regards to staff assignments, to discuss issues related to other services provided by OPERATOR under this First Amendment.
Section 7. MANNER OF PERFORMANCE.
(1) OPERATOR represents that it will cause to be secured necessary personnel required to perform the services under this First Amendment. Personnel of OPERATOR shall not be employees of or have any contractual relationship with the CITY, nor shall such personnel or employee of OPERATOR be entitled to any benefits of the CITY including, by way of example and not limitation, pension, health and worker’s compensation benefits. In the case of a disagreement regarding OPERATOR’s Customer Service Personnel, the CITY shall make the final determination regarding the termination of such individuals.
(2) All of the services required hereunder shall be performed by OPERATOR or under its supervision, and all personnel, employees and subcontractors engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform the services undertaken.
(3) OPERATOR, at its sole expense, shall correct or replace any defective or faulty work, including any default of fiscal management.
(4) All employees of OPERATOR assigned
to the field and office locations shall be required to wear at all time a
uniform indicating both “U.S. Water” and the “City of
(5) During times of Community Disturbance, OPERATOR and staff would manage the customer service and field service environment to the best of its capabilities as dictated by allowable access by public safety officials. Community Disturbance shall mean invasion, mob, riot, public excitement, acts of terrorism, acts of God, or other commotion, which may require public safety officials to deny OPERATOR access to the City Customer service processing area or CITY water system field infrastructure.
Section 8. EQUIPMENT.
(1) Meter Reading Equipment: the CITY shall make available to OPERATOR for its use during the life of this Agreement all meter reading equipment currently owned by the CITY. OPERATOR will be responsible for repairs and support service in relation to continuous operation of the meter reading equipment. Replacement of such equipment shall remain the responsibility of the CITY.
(2) Computers: the CITY shall make available to OPERATOR for its use during the life of this Agreement, computers or work stations assigned to their water utility billing and collections services, with sufficient processor speed as to allow quick access and input of data. Replacement of such equipment due to normal wear and tear shall be the responsibility of OPERATOR. Any damage to equipment due to lack of improper use or accidental exposure to elements interfering with computer function created by OPERATOR will dictate that OPERATOR will have replacement responsibility. Other exposure to elements resulting from acts of CITY staff or community disturbance shall be the responsibility of the CITY.
(3) Vehicles: the CITY shall make available to OPERATOR on a daily basis 2 (two) maintenance services trucks. OPERATOR will provide all other vehicles necessary to provide services defined herein.
(4) Furnishings: the CITY shall make available current office furnishings being utilized by the staff assigned by the CITY to the billing and collections department, which OPERATOR will maintain in good repair.
Section 9. Meter
(1) All water meters shall be read on a monthly basis, not less than two (2) business days before or two (2) business days after the customer’s normal bill read date.
(2) Malfunctioning meters, visible leaks or damage to the meter or box shall be recorded for proper repairs. OPERATOR will provide labor to replace up to 300 meters of 5/8” x ¾” size annually; the CITY shall furnish the meters to allow for replacement. Meter replacement above the annual count of 300 meters, shall be accompanied by way of the City Public Works maintenance service Department.
(3) OPERATOR shall enter the appropriate code in the hand held meter reading devices to notify customer service personnel to issue work orders for Level II repairs to the City public works maintenance department where needed (e.g. line or main leaks, box too high/low, broken lid, meter replacements above 25 per month or 300 annually, etc.). Code shall be entered for City “Code Enforcement” as well.
(4) OPERATOR shall reread “suspected” erroneously read meters within one (1) business day of discovery. OPERATOR shall provide an exception (hi-low audit) report on each business day for a previous day’s reading. OPREATOR shall review reports and select meters to be rechecked before billing.
(5) Meter readers shall be required to read every meter in the route. Any instances where a meter reader suspects an illegal hook-up should be reported immediately to OPERATOR’s office. If a meter is present, OPERATOR will have a meter reader note the serial number and reading. Illegal hook-ups will be given notice to come into the office within a specific time frame.
(6) Normal
hours of meter reading shall be Monday through Friday, except during the City
holidays, between 8 a.m. and 5 p.m. each day, unless otherwise mutually agreed
upon between the City and OPERATOR.
(7) Any
meter rereads are the sole cost and responsibility of OPERATOR.
(8) All
meter reading routes are to be accomplished within two (2) business days of the
day scheduled. Weather conditions, excluding conditions associated with
hurricanes and floods, must not prevent the accomplishment of meter reading
unless otherwise agreed to by the City.
(9) Individual
accounts on routes which are “no reads” (skips) will be reviewed daily by
OPERATOR. Upon further investigation, it will be determined what immediate
steps can be taken to obtain the reading.
(10) All
meter boxes or meter conditions which impose an impediment to readers or
citizens must be entered in the hand held devices by the meter readers when
observed and promptly reported. Other conditions or special interest that may
explain high usage, as well as notification made of suspected leaks found, must
be entered.
Section 10. That
the Original Agreement executed by the parties, shall remain in full force and
effect except as specifically amended herein.
Section 11. That each Exhibit referred to in the
Original Agreement, as amended herein, forms an essential part of this
Agreement. The exhibits if not
physically attached should be treated as part of this Agreement and are incorporated
herein by reference.
CITY:
CITY
OF
ATTEST:
______________________________ BY:_______________________________
CITY CLERK RICHARD
SALA, CITY Manager
APPROVED AS TO FORM
______________________________
OFFICE OF THE CITY ATTORNEY
OPERATOR:
U.S.
WATER SERVICES CORPORATION
WITNESS: BY:
_________________________
________________________________
________________________________
Print Name
________________________________ (SEAL)
________________________________
Print Name
STATE OF
)
SS
COUNTY OF ________________ )
BEFORE
ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ___________________________ of U.S. Water
Services Corporation, who is personally known to me or has produced
_________________________________ as identification, and acknowledged execution
of the foregoing Agreement as the proper official of OPERATOR, for the use and
purposes mentioned in it and affixed the official seal of the corporation, and
that the instrument is the act and deed of that corporation.
IN
WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this _______ day of __________________________, 2007.
______________________________
NOTARY PUBLIC
SEAL:
SSG:JGH:js
H:\790287.NL\AGMT\Water Treatment Services - First Amendment.doc
EXHIBIT “A”
SCOPE
OF SERVICES - UTILITY BILLING AND CUSTOMER SERVICE
SECTION 1.01
- GENERAL BILLING AND STAFFING RESPONSIBILITY OF OPERATOR.
(A) It is the expectation of the CITY that OPERATOR must commit to maintaining a level of customer support meeting the industry standards of timeliness, accuracy, and customer account management. OPERATOR, or its subcontractor shall have the ability to use its own accounts receivable billing and customer service software system as long as the software meets or exceeds the minimum industry standards. OPERATOR is expected to build an interface between the CITY general ledger program and/or current Operating System, if the CITY general ledger program differs from the OPERATOR software. It is the expectation of OPERATOR that the CITY will expedite access of OPERATOR to any technology owned by the CITY or provided by third party contractors and internal IT staff that will facilitate the most expeditious management of the transition of the billing and collections system to OPERATOR billing operations. Time is of the essence to ensure a transition accomplished on schedule and cooperation by all parties concerned will allow OPERATOR to progress as intended. OPERATOR will notify the CITY of any deterrent to its progress and it is expected by OPERATOR that the CITY will take corrective measures. OPERATOR also stands by to assist the CITY with any technology related issues outside the building of the interfaces with Opus21 to the CITY general ledger module.
(B) OPERATOR shall staff the billing and collections services with up to 4 full time persons designated as Customer Service Representatives (CSR’s) as required to facilitate proper operation onsite.
(C) OPERATOR shall provide two (2) meter readers to be assigned full time to the services outlined in this agreement. OPERATOR shall provide two (2) field maintenance technicians to be assigned full time to the services out lined in this First Amendment.
(D) OPERATOR shall provide a System Manager in addition to the CSR staff, who may work onsite and offsite as needed, while providing a minimum of 30 hours onsite each week. The System Manager shall be the person, corporation or entity under contract with the CITY to provide billing and collection services, or their designee
(E) OPERATOR shall be responsible for all staff noted, and cost of insurances, benefits and tools of trade, except as otherwise provided for in this First Amendment of the Original Agreement.
(F) Upon review with the CITY, the OPERATOR designated Systems Manager has selected the preferred billing and collections software known as Opus21. It is the expectation of the CITY through assurances by OPERATOR regarding proposed Opus21 software use in servicing the scope of service outlined herein, that the software will meet the expectations of the CITY, accommodate its customer service ordinances, and enhance the current billing and collection efforts provided by the CITY. OPERATOR shall begin utilizing the Opus21 software on or before February 1, 2008. OPERATOR, to their satisfaction, and within their sole discretion related to circumstances within their control, assure that any transition from, or substitution of, current billing and customer monitoring systems will not cause any adverse customer disruption as a consequence of the transition. The office space local to the CITY must provide service initiations, collection of capacity impact and connection fees assist in recurring monthly bills, and cashier services as required and related to processing of funds related to Community Development, parks and recreation and other fees, collected on behalf of the CITY. CITY may terminate the First Amendment without penalty is OPERATOR fails to accommodate the CITY’s ordinance or any state statutory requirements.
(G) OPERATOR through use of the Opus21 software, will provide optional methods for utility payments, including, but not limited, to:
·
· Walk-up payment in person at any of the customer service offices.
· Walk-up payment in person at local cash payment receiving locales with electronic funds transfers to The CITY designated merchant bank; sample locations such as: Walmart Stores, Cash Advance System Locations (i.e. Amscott).
· “EZ Pay” program, which is a recurring automatic bank draft debit either to a checking account or savings account.
· Payments via telephone using a credit or debit card (this service is available if needed up to 10:00 p.m. by way of toll free number).
· Web Based Payment Ability via the internet by link of the billing system through the web page link to the CITY designated merchant bank.
(H)
It is understood and agreed by the parties that the
Basic Billing and Customer Service for the CITY shall be provided and performed
at the same or higher standards than is currently provided by the CITY system
located in
(I) It is further understood and agreed by the parties that all funds collected by OPERATOR from the CITY’s customers are the exclusive property of the CITY held in trust and deposited my all means necessary, including electronic transfer upon receipt, and OPERATOR has no claim, counterclaim, right of set-off or any other right to such funds pursuant to this Agreement or otherwise. At a minimum, all receipts will be accounted for daily and deposited by wire transfer, or delivered to the CITY’s Finance Department for physical transfer to the CITY’s designated bank by CITY designated means, by noon of the next business day following the date of the receipt.
(J) OPERATOR shall have full responsibility to provide all billing and customer services for the CITY Water Utility System in a manner consistent with the Basic Billing and Customer Service Performance Standards.
(K) The billing and customer service information system employed and used by OPERATOR shall perform all necessary functions, including but not limited to, the ability to:
(1) Process customer billing on a monthly basis;
(2) Process billing dollar amounts up to $999,999.99 per transaction;
(3) Process multiple meters for each service address with different rate schedules for each meter if required;
(4) Update the rate schedule by date and have the ability to use two different rate schedules within a single billing period;
(5) Apply rates as a flat amount or based on usage;
(6) Generate delinquent notices prior to a turn-off;
(7) Accept a specified dollar threshold for delinquent mailers or payors at third party cash receiving locations;
(8) Track turnoffs and delinquency by account;
(9) Make adjustments or error corrections;
(10) Post messages on bills as requested by the CITY;
(11) Provide aging information to the CITY to assist with the determination of when a lien should be applied to an account; and
(12) Make mutually agreed upon changes to the customer service record format or changes to the billing and remittance processing procedures or programs.
(13) Issue billing to the CITY’s internal departments as directed.
(14) Provide information to assist with CITY audit processes as required; it is noted that the CITY has annual audit procedures in place.
L) Within a reasonable time following the Commencement Date, and upon completion of the parallel billing period with current system in place, OPERATOR shall have the capability to provide the requested interface to general ledger. Such interface shall include, but not be limited to:
(1) Automated extraction of ledger entry information from monthly billings, final billings and adjustments based on transaction codes in the rate schedule; and
(2) Automated extraction of customer information for refunds of deposits or after final billings.
(3) Automated extraction of specialized reports when needed and within the capability of the Opus21 operating software.
(M) The billing system employed and used by OPERATOR shall contain the capacity to allow read only access to customer accounts by necessary CITY Representatives via on-line access. Transactions shall be processed by OPERATOR staff only. The CITY shall be responsible for all costs associated with their specific on-line access including communications link, special hardware and software. Such on-line access shall include, by way of example and not limitation, the following:
(1) Interface for on-line access by the CITY;
(2) Interface with the City’s current Operating System software, General Ledger Modules;
(3) Read only access by the CITY Representative to all functions of the billing system as determined by security clearance and as designated by the CITY’s Finance Director;
(4) Provide multiple-line transaction history showing a running account balance;
(5) Ability to extract information as requested by the CITY’s Finance Director, including date-specific information;
(6) Ability to regularly generate user-specifiable reports including, by way of example and not limitation, billing summary, trial balance, aged trial balance (by date), and transaction audit controls;
(7) Ability to review customer charges and payments by account;
(8) Ability to review billing history by account;
(9) Ability to review usage history by customer account or meter number;
(10) Ability to review utility billing system work order status;
(11) Ability to review turn on and off history by account;
(12) Ability to review customer information by account; and
(13) Search by customer number, customer name, meter number and street address.
(N) OPERATOR shall provide a business recovery function plan to the CITY for The CITY Water Utility System and shall include, by way of example and not limitation, daily off-site storage of all transactions. With functional communication systems, which can be affected by community disturbance, system operations can resume from other locations if need be.
(O) OPERATOR shall provide the CITY with e-commerce features for providing electronic bill payment to customers via the CITY website;
(P) OPERATOR shall function from the CITY designated customer service center where customers may pay bills, make service requests (turn-ons, turn-offs, etc.), file complaints and suggestions, report abnormalities and generally receive Basic Billing and Customer Services in a manner consistent with the Basic Billing and Customer Service Performance Standards identified in this Agreement. The same customer service center staff will be furnished by OPERATOR under the terms of this agreement and shall include up to 4 customer services representatives.
SECTION
1.02 - PROCESSING UTILITY BILLS; PROBLEM RESOLUTION.
(A) OPERATOR shall compose, prepare, print (laser) customer bills, on a single page bill form (8.5” x 11”) in the format currently in use by the CITY, and mail all customer bills monthly. Customer bills shall be prepared in such cycles as currently used by the CITY for its Water Utility System. The cost of first class postage for customer bills shall be at the expense of OPERATOR. Any billing error or omission, whether human or mechanical, on the part of OPERATOR shall be corrected at no cost to the CITY. Correction of any errors in the tariffs, rates, charges and instructions furnished to OPERATOR by the CITY will be made by OPERATOR in an expedited manner. Costs incurred by OPERATOR to correct any error caused by OPERATOR shall be the responsibility of OPERATOR. Corrections related to acts of the CITY personnel or events, shall be charged to the CITY as an Additional Service in an amount established to be established upon review with the CITY Representative and subsequent adoption of a Resolution by the CITY Commission.
(B) OPERATOR shall undertake and perform all billing services required to timely and regularly process customer utility bills. Such billing services shall include all services which the billing system of OPERATOR is currently capable of providing including, but not limited to, the following:
(1) Create a working file of prepared meter readings formatted for the billing system;
(2) Review notes or trouble codes from meter readers and issue appropriate work orders to rectify problems;
(3) Follow up on notices (e.g., apparent leaks, reasons for high usage, inaccessible meters, broken register, vacant houses, stuck meters) left by meter readers to the customers or owners;
(4) Produce consumption reports for the billing process and analyze unusual usage or stuck meters; issue and track work orders and contact customers as appropriate;
(5) Produce a billing from consumption reports and review the billing for appropriateness of charges and suspected meter read errors;
(6) Develop quality assurance procedures to ensure, by sample testing and review, the accuracy of bills on a periodic basis;
(7) Provide administrative billing and maintenance field service personnel in total of up to 4 administrative staff, 2 meter reading staff, and 2 maintenance field services staff and work with said staff in verifying any unusual situations found in the billing process that are related to meter or meter reading problems;
(8) Issue work orders designed to clarify questions raised during the billing process and categorize and analyze work orders and make recommendations as to how to minimize work orders and gain efficiencies;
(9) Mail up to a maximum of two (2) additional pages - (sized 8.5” x 11” of standard quality paper, front and back print totaling four (4) pages of print in order to limit need for additional postage) - of special notices in envelopes to customers enclosed with the CITY bill for an additional fee covering paper and printing, not included in the Basic Services Agreement, and charged to the CITY at cost plus margin of fifteen percent (15%); or insert above at no cost if printed documents are provided as described above completed and ready for mailing;
(10) In no event shall the rendition by OPERATOR of Basic Billing and Customer Service on behalf of the CITY be construed as rendering OPERATOR being responsible for the sufficiency of rates to meet the City’s financial responsibilities and OPERATOR hereby disclaims such responsibility.
(11) During times of Community Disturbance as
defined herein, OPERATOR and staff would manage the
customer service and field service environment to the best of it's capabilities
as dictated by allowable access by public safety officials.
SECTION
1.03 - COMPUTER PROCESSING AND RELATED SERVICES.
OPERATOR, as directed by the CITY, and within means of the designated billing system software, shall maintain the master customer records of the CITY Water System. The information shall be made available to the CITY and the CITY Representative. OPERATOR may bill water charges and other fees and assessments as separate items on the bills if directed by The CITY. Shown as example and not as limitation as to information to be made available;
(A) OPERATOR must provide an itemized bill in the same manner and format used by the CITY.
(B) All date-related data shall be formatted as required by the CITY.
(C) OPERATOR shall have the ability to provide the following services:
(1) Deposit report - a report that shows all customer deposits including options providing a range of deposit dates and status of refundable accounts;
(2) Rate changes - changes to rates and charges applicable to customer billing approved by the CITY Ordinance will be provided by OPERATOR;
(3) Customer message - adding or changing a special customer message on the customer bill form as requested by the CITY and as designated message space dictates; and
(4) Mailing labels – OPERATOR will provide mailing labels from the CITY’s master customer records upon request for selected zip codes or class of customer at pass through cost if requested.
SECTION 1.04 - BASIC BILLING AND CUSTOMER SERVICE REPORTS.
As stated herein, OPERATOR shall timely prepare and provide reports as needed by the CITY. Such reports and information shall be provided to the CITY approved CITY Representative. The CITY will designate in writing as to the CITY Representative(s) which are to receive information regarding the billing and collection activities.
SECTION
1.05 - GENERAL CUSTOMER SERVICE RESPONSIBILITY OF OPERATOR.
To satisfy the customer service objectives of the CITY to provide responsive customer service on all issues relating to the provision of the water utility services within the control of the CITY, including services pertaining to meter reading, customer billing and utility usage, the following general customer services shall be required of and timely provided by OPERATOR:
(A) OPERATOR shall be responsible for the accuracy of all customer information such as deposits, new accounts, file information, and changes to accounts and charges.
(B) Customer accounts shall be closed upon the request of the customer. No customer account shall be deleted. A work order to discontinue service will be issued to eliminate delinquent customer usage charges.
(C) If at any time OPERATOR discovers unauthorized meter installationand/or a meter set without a deposit, OPERATOR will notify field service representative who then may issue notice to the property that service will be terminated within five (5) Business Days unless a deposit is provided, or as otherwise dictated by the CITY Ordinance.
(D) OPERATOR shall be responsible for the initial enforcement of delinquent customer accounts including the following:
(1) OPERATOR shall be responsible for delivering delinquent notices to each individual customer via the U. S. Postal Service and, if necessary, to issue any work orders for discontinuation of service, or as dictated by the CITY’s Code of Ordinances.
(2) OPERATOR shall be responsible for contacting those customers whose accounts contain information relative to special health or guardianship circumstances as identified by the Finance Director or their designee. OPERATOR will determine if there is a valid reason why a bill is unpaid, including by way of example and not limitation, a dispute, a lost bill, vacancy, or change of accounts, and allow a maximum of five (5) Business Days for the delinquency situation to be corrected by the customer before OPERATOR proceeds with discontinuance of service, unless otherwise dictated by the CITY Ordinance.
(3) Unless otherwise dictated by the CITY Ordinance, if a customer disputes the billed amount and provides OPERATOR or the CITY receives written notice of the dispute, OPERATOR shall hold in abeyance for a maximum of fifteen (15) days any discontinuance of service until the dispute has been investigated and resolved. If the dispute has not been resolved and the account remains delinquent for more than fifteen (15) days after the customer provides written notice to OPERATOR or the CITY of the dispute, a work order will be issued to discontinue service. OPERATOR shall not reconnect service until all delinquent amounts on the customer’s account are paid in full, except under re-direction from the designated CITY representative.
(4) If an account remains delinquent for more than sixty (60) days, or as CITY Ordinance dictates, OPERATOR will diligently pursue the collection of all delinquent customer accounts, including the use of a collection agency if amount thereby warrants and with the CITY permission. Collection agency services shall be at cost to the CITY; However, OPERATOR will not be obligated to initiate any lien and foreclosure actions or other legal proceedings in a court of competent jurisdiction to collect delinquent customer accounts.
(E) OPERATOR shall make reasonable efforts to collect all utility revenue in an efficient manner with due consideration to customers.
(F) Whenever customers raise questions, point out billing errors, express concerns, or otherwise dispute any bill, OPERATOR shall attempt to resolve them in an expeditious manner. If a resolution requires additional research to respond to a customer’s dispute, OPERATOR will document each stage of the dispute process. Parameters will be established upon direction of the CITY Representative, in relation to any customer which requires any additional consideration as to disputes or extension of payment due dates. Service personnel that are working with a customer under such circumstances as dictated by the CITY Representative must report that fact to the field service personnel so that customers will not experience discontinuance of service before dispute or past due resolution occurs.
SECTION
1.06 - TELEPHONE AND WALK-IN CUSTOMER SERVICE; REMITTANCE PROCESSING.
(A) OPERATOR shall maintain a customer service center within the space designated and agreed upon by both parties at the time of signing of this agreement. OPERATOR will initially utilize the space currently provided by the CITY for its own use relating to the purpose of servicing the water utility billing and collection activities, inclusive of telephone, furnishings and computer systems currently in place. OPERATOR will not be required to pay rent for the use of this space, but will be responsible for labor and benefits for staff assigned as well as materials such as copier paper, ink and supplies related directly to the billing and collection services. The location of the customer service center can be moved only with the mutual consent of both OPERATOR and the CITY. Should the location of the customer service center be relocated due to relocation of the CITY Public Works, or re-arrangement of their use of office space, OPERATOR shall be compensated the full cost of such relocation as an additional fee not included in the Basic Billing and Customer Service Fee. The customer service center shall be equal in size as to space provide before the relocation and:
(1) Open to the public during Normal Business Hours;
(2) Be equal in size and professional presentation and appearance;
(3) Allow appropriate handicapped access;
(B) OPERATOR shall respond in a timely manner to all customer inquiries including, by way of example and not limitation, bill and payment inquiries and inquiries pertaining to service initiation and termination, meter re-reads, meter change out requests up to a maximum of three hundred (300) per year, or the monthly average of twenty five (25) per month – meters shall be limited in size to 5/8”x3/4” and furnished by the CITY along with related change out materials; meter lid replacements – lids shall be furnished by the CITY, low water pressure, and refer any findings out of the scope of service contained herein to the CITY designated contact. OPERATOR will be responsible for appropriate maintenance and replacement of meter lids with safety of the public of paramount concern and will assume liability for any claims resulting from broken lids and/or improper installation of meters or lids. Services for water line or main breaks shall be referred to the CITY public works maintenance department. OPERATOR’s customer service personnel shall also be prepared to answer commonly asked questions without referral to other personnel. Commonly asked questions include, by way of example and not limitation, typical annual usage, account balance, how a bill was calculated, last payment and date, when the last bill was issued, detailed and summary information concerning the customer’s account from the current the CITY billing system with a 2 (two) year history in total, the due dates, and mailing and service address, meter history and data deemed as critical from the currently utilized the CITY billing and collection system known as “HTE” either by way of conversion, or data storage that can be accessed by customer service representatives via an established link in order to facilitate ease of access.
(C) OPERATOR shall be responsible for answering questions regarding delinquent account information. It shall be the responsibility of OPERATOR’s customer service personnel to respond to these questions and rectify the delinquent situation whenever possible and with reasonable execution.
(D) OPERATOR shall be responsible for setting up new accounts, computing necessary deposits in accordance with the CITY ordinance, closing accounts, and relaying this information to the Systems Manager. OPERATOR shall immediately enter this information into OPERATOR’s computer system and verify it for quality assurance.
(E) OPERATOR shall provide staff for walk-in customer service, for setting up temporary meters of 5/8”x3/4” in size, or for the collection of tapping, connection and impact fees based on CITY Ordinance and approval of service availability, meter size, and number of equivalent residential units (ERU’s). In addition to the receipt of payment at the customer service center, OPERATOR shall process payments transmitted by mail, third party cash collector, or web based access.
(F) Unless otherwise mutually agreed to by the parties, OPERATOR shall continue to use the customer complaint processes and procedures used by the CITY previously.
(G) OPERATOR has confirmed with the CITY Representatives that under its Water Facility Operating Contract, OPERATOR has made good progress in redirection of after hours calls received by the CITY utility billing and collections department, to the OPERATOR staff that is assigned to the operating team. In addition OPERATOR can provide customer service office contact by way of local or a toll free 800-type telephone number that is available for every customer, 24 hours per day, or if the CITY so desires, OPERATOR can respond to customer service telephone calls up to 10:00 p.m. occurring on ro