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HomeMy WebLinkAboutItem 09 MOU with SUB AGENDA ITEM SUMMARY Meeting Date: 6/7/2021 Meeting Type: Regular Meeting Staff Contact/Dept.: Kristina Kraaz, CAO Staff Phone No: 541-744-4062 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and Innovative Government Services ITEM TITLE: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPRINGFIELD AND SPRINGFIELD UTILITY BOARD REGARDING SEWER BILLING AND PAYMENTS IN LIEU OF TAXES ACTION REQUESTED: Authorize the City Manager to enter into a memorandum of understanding with the Springfield Utility Board (SUB) regarding sewer billing conducted by SUB on behalf of the City and SUB’s payment to the City in lieu of taxes. ISSUE STATEMENT: The proposed memorandum of understanding includes a one-time payment by SUB to the City for $230,000 under the understanding that City and SUB will work together to discuss sewer billing rates and the current PILOT agreement. City and SUB will commit to renegotiating the PILOT agreement. Entering into the proposed MOU is a required condition of the sale of downtown property between the City, SEDA and SUB. ATTACHMENTS: Attachment 1 – Proposed Memorandum of Understanding Attachment 2 – Sewer Billing Service Agreement and Addendum Attachment 3 – Payment In Lieu of Taxes (PILOT) Agreement DISCUSSION/ FINANCIAL IMPACT: The MOU proposes that SUB pay the City the $230,000 to be paid at the same time the property transactions close. Thereafter, SUB and the City agree to discuss the sewer billing rate and to renegotiate the PILOT Agreement. The MOU does not commit the City or SUB to any specific terms for the discussion and renegotiation. Any amendments to either Agreement would need City Council approval. Sewer Billing: Under the Sewer Billing Service Agreement (dated July 1, 1998, amended July 1, 2000), SUB provides monthly billing and collection of City sewer fees, and the City pays for those services based on the rate set by SUB. SUB would like to increase the amount that the City pays for these services, under the terms of the current agreement. Since 2005, the City has paid SUB $1.11 per sewer bill. Payment in Lieu of Taxes (PILOT): ORS 225.270 requires a municipal-owned electric utility to pay at least 3% of its annual gross electrical operation revenue to the city, to offset the City’s tax base. SUB and the City are parties to a PILOT Agreement (dated January 1, 2003) that sets the formula for SUB’s payments. In 2003, SUB paid approximately 4.46% of its gross electric revenue, but the rate has declined over time to less than 3.5%. SUB had anticipated renegotiation of the PILOT Agreement during the 2019-2020 fiscal year and budgeted $230,000 for increased payments to the City. Downtown Property Transactions: The City Council and SEDA have authorized a three-party transaction with SUB in which the City sells SUB the parking lot adjacent to SUB property at 245 A Street, and SUB sells SEDA property. Entering into the MOU is a condition required for the property transaction to close, although the terms of the MOU are not directly related to the transaction. MEMORANDUM OF UNDERSTANDING – Page 1 {00015099:5} MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPRINGFIELD & SPRINGFIELD UTILITY BOARD REGARDING SEWER BILLING & PAYMENTS IN LIEU OF TAXES RECITALS: A. The City of Springfield (City) and Springfield Utility Board (SUB) are parties to a Sewer Billing Service Agreement dated July 1, 1998; which was amended by an addendum effective July 1, 2000, in which SUB provides monthly billing and collection of sewer fees for the City, in exchange for payment for said services by the City. B. The City understands that SUB has an interest in increasing the amount that the City pays to SUB for sewer fee billing and collection under the Sewer Billing Service Agreement. C. The City and SUB are parties to a Payment In Lieu of Tax Agreement (PILOT Agreement) pursuant to ORS 225.270, effective January 1, 2003. D. The City, SUB, and Springfield Economic Development Agency (SEDA) have entered into negotiations for SEDA to purchase certain real property on Main Street owned by SUB, and for SUB to purchase Parking Lot 56 owned by the City. This transaction is expected to close between June 22 and June 30, 2021, pursuant to the Purchase and Sale Agreement entered into between the City, SUB, and SEDA dated May 10, 2021. E. SUB had anticipated a renegotiation of the PILOT Agreement during the 2020/2021 fiscal year and had budgeted $230,000 in additional funds over the fiscal year 2019/2020 budget. Although the anticipated negotiation has not occurred, SUB has agreed to transfer the $230,000 budgeted to the City simultaneous to the closing of the real property transaction referenced above. The parties understand and agree that this payment will have no effect on any subsequent negotiations between the City and SUB regarding the PILOT Agreement. NOW, THEREFORE, in consideration of the foregoing, City and SUB agree to the following: 1. SUB will make a one-time payment to the City of $230,000 as a payment in lieu of taxes for fiscal year 2020/2021, in addition and not offsetting the payment due to the City under the existing PILOT Agreement. 2. City and SUB agree to discuss and renegotiate the PILOT Agreement. Any changes to the PILOT Agreement will not take effect any earlier than the 2021/2022 fiscal year. The parties agree that neither party will rely upon the $230,000 payment made pursuant to this MOU in renegotiating the PILOT Agreement. 3. City and SUB agree to discuss billing service rates under the Sewer Billing Service Agreement. Any change to the fee charged for billing service shall be consistent with the current agreement, unless the parties mutually agree otherwise. Attachment 1, Page 1 of 2 MEMORANDUM OF UNDERSTANDING – Page 2 {00015099:5} 4. The City and SUB agree to mutually cooperate with each other in good faith to implement the matters described in this MOU. 5. Nothing in this agreement modifies the existing terms and conditions of the Sewer Billing Service Agreement or the PILOT Agreement referenced herein. 6. If any provision of this agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this agreement. The validity, meaning, enforceability, and effect of the agreement and the rights and liabilities of each the City and SUB hereto shall be determined in accordance with the laws of the State of Oregon. 7. This MOU may only be amended or terminated by the agreement of both parties in writing. THE PARTIES, by execution of this MOU, hereby acknowledge that their signing representatives have read this MOU, understand it, and agree to its terms and conditions. CITY OF SPRINGFIELD: SPRINGFIELD UTILITY BOARD: _____________________________ ______________________________ Nancy Newton Jeff Nelson City Manager General Manager Date: ____________________________ Date: ____________________________ City Contact: SUB Contact: Nancy Newton, City Manager Jeff Nelson, General Manager City of Springfield Springfield Utility Board 225 Fifth Street 250 A Street Springfield, OR 97477 Springfield, OR 97477 (541) 726-3700 (541) 744-3603 Attachment 1, Page 2 of 2 ADDENDUM TO SEWER BILLING SERVICE AGREEMENT OF JULY 1,1998 BETWEEN SPRINGFIELD UTILITY BOARD AND CITY OF SPRINGFIELD,OREGON This agreement is an Addendupi to the attached Sewer Billing Agreement between the Spririgfield Utility Board (SUB)|nd the City of Springfield (City)dated July 1 ,1 998. With this addendum agreement both parties agree to the following terms and conditions: 1 .Effective July 1 ,2000 the sewer billing rate will be adjusted to a fixed rate of $0.92-05 per sewer billing transaction*rendered for at least a one year period. SUB will review this rate on an annual basis,and provide the City with notice of potential rate changes on or before January 1 5th of each subsequent year. *If a location has both a sanitary sewer and a storm drain this is one transaction even though there are two charges;an account with only a sanitary sewer is one transaction;an account with only a storm drain is one transaction. 2.SUB agrees to credit the City twelve thousand six hundred dollars ($12,600)in September of 2000 based upon a revised sewer billing transaction approach that accounts for the total number of times that sewer service has been billed rather than the number of meters as of a specific point in time. 3.The City will provide SUB with forty-five (45)days notice of routine changes to sewer rates,such as a date or rate per unit change.The City will provide SUB with ninety (90)days written notice of changes to sewer rates which may result in SUB billing program or data modifications.SUB will determine whether the modifications can be done internally or if they will require outside help.Costs over one thousand dollars ($1 ,000)for services provided by an outside contractor for SUB billing program or data modifications are the City's responsibility. 4.The City is entitled to include sewer brochures with customer utility bills twice per year and prefers the June and December mailings.City will give SUB ninety (90) days notice if City does not intend to use either of these months or if the City would like to use another month for a brochure insert.It is understood that SUB will provide mailings in other than June or December only if the insert can fit into SUB's annual schedule. The brochure content is at the discretion of the City but City will review the content with SUB staff to assess the impact of the information on SUB's customer service people (since they receive many of the questions asked by residents).The brochure will normally be a single 8 1/z X 1 1 "-70 lb.sheet.If the City wishes to exceed the paper size,weight or quantity,City will confer with Attachment 2, Page 1 of 6 ADDENDUM TO SUB SEWER BILLING SERVICE AGREEMENT Page 2 - SUB on these variables at least ninety (90)days prior to the mailing month.It is schedule.The intent here is to be sure we do not go over the basic weigh tlimit .required to assure the lowest possible mailing costs...:.. 5.The City,and SUB will meet as needed,but at least every January to discuss, relevant sewer billing issues. This addendum is effective July 1,2000. ( General ManagerCityManager Springfield Utility BoardCityofSpringfield g/WY/3-j/on o oDateDate Attachment 2, Page 2 of 6 4-a --j> //.j < i.}/jC /&>***>!%/ o a-vSEWERBILLINGSERVICEAGREEMENT BETWEEN SPRINGFIELD UTILITY BOARD AND CITY OF SPRINGFIELD,OREGON THIS AGREEMENT is made this Isl day of City of Springfield (CITY)and the Springfield Utility Board (SUB).In consideration of the mutual covenants and agreements herein contained,the parties agree as follows: 1998,between the SECTION A -DEFINITIONS -The following terms,when used in this agreement, shall have meanings as set forth: (1)Billing and Collection of Fees -Those functions related to the billing and collection of sewer user fees,including the accounting,reporting and data processing functions needed to accomplish these activities. (2)Billing System -The programs used by the computer to process the data for the purpose of billing and collection of sewer fees. (3)Data Processing -Any function performed on SUB'S computer system including data entry,computer run time,and programming. (4)Hardware -The physical equipment or devices forming a computer and its peripheral equipment. (5)Sewer Fee -That amount of money authorized by the CITY to be collected from SUB customers for sewer services. Attachment 2, Page 3 of 6 SUB SEWER BILLING Sr VICE AGREEMENT Page 2 (6)Sewer Bill -Any SUB customer billing which includes a charge for sewer services.- (7)Software -The totality of programs and routines used for data processing on the Hardware^. SECTION B -SERVICE AND SUPPORT TO BE PROVIDED -For the fee established by this agreement,SUB agrees to provide monthly billing and collection of sewer fees for the CITY,including the following: COMPUTER -SUB will provide the necessary hardware to process the billing of sewer fees and prepare the bills.In addition,SUB will pay all maintenance and insurance costs of the computers. d) BACKUP -SUB will provide adequate backup and recovery procedures consistent with good data processing standards. (2) PAPER AND SUPPLIES -Bills,envelopes,stock paper,and miscellaneous supplies for the normal processing of bills and generation of reports will be provided by SUB. (3) MAILING AND INSERTS -SUB will be responsible for the mailing of all bills generated by SUB.This includes the insertion of the bills into envelopes, postage and transportation to the post office.Also included is the insertion of special customer sewer related information notices up to two times per year. (4) (5)PERSONNEL -SUB will provide trained staff knowledgeable in the operation of the billing and collection system to answer CITY's questions regarding the system.This will include data entry,programming,accounting,credit and Attachment 2, Page 4 of 6 SUB SEWER BILLING SERVICE AGREEMENT Page 3 customer service personnel.Questions from customers regarding sewer fees and disputed sewer charges will be referred to the CITY. (6)PROGRAM DEVELOPMENT AND MAINTENANCE -SUB will perform all error corrections to the existing software system to meet the CITY'S currently established billing and reporting requirements.SUB further agrees to modify the computer system to accommodate future rate adjustments,so long as those adjustments are compatible with the existing Hardware,Software and' Billing System.Such modifications may include,but are not limited to: (a)Changes in the length of the summer billing period, (b)Changes in the number of months used to determine the average ;billing amount,and (c)Changes in the mathematical formulas used to compute rates,so long as no new data elements are required. (7)CUSTOMER INFORMATION ACCESS -SUB will provide access to the SUB customer information base by authorized CITY staff so that the CITY may answer questions from customers regarding sewer fees and sewer charges and generate computer reports such as: (a).Summaries of sewer user characteristics by user class, (b)Monthly customer account information such as service address and account number cross reference,and (c)Such other sewer related reports as may be necessary for management purposes. SECTION C -PAYMENT TO SUB.The CITY agrees to pay SUB for services and support,as outlined in SECTION B above,a fixed rate of .8675 cents per sewer bill per month.The amount due will be calculated by multiplying the rate times the number of bills generated by SUB each month which include a sewer fee.Requests for services that are not covered in SECTION B above,will be charged on a time plus Attachment 2, Page 5 of 6 SUB SEWER BILLING SERVICE AGREEMENT Page 4 overhead plus materials basis.Requests shall be submitted by the CITY with as much advance notice as possible and SUB will respond to such requests in a timely manner in conjunction with SUB's internal prioritization policies. SECTION D-PAYMENT TO CITY -SUB will remit monthly to the CITY those funds attributable to sewer services,less billing and collection costs....... SECTION E -MONTHLY REPORTS -SUB will provide to the CITY regular monthly reports of financial activity regarding billings and collections. SECTION F -TERMINATION OF AGREEMENT -This agreement may be terminated by either party by giving one hundred eighty (180)days notice to the other party. SECTION G -MODIFICATION OF AGREEMENT -The terms of this agreement may be modified from time to time through negotiations between the two parties. DATED this day of 1998. CITY OF SPRINGFIELD,OREGON A Municipal Corporation kBy Ciw Manager SPRINGFIELD UTILITY BOARD By General Manager Attachment 2, Page 6 of 6 Attachment 3, Page 1 of 2 Attachment 3, Page 2 of 2