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HomeMy WebLinkAbout2025-10-20 I01E_02 Gas Meter Reading AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 20, 2025 AGENDA ITEM:Consideration of approval of a resolution approving Meter Reading Agreement with MidAmerican Energy Company FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The City has agreed to sell the Waukee Municipal Gas Utility to MidAmerican Energy which is scheduled to close and transfer on October 22, 2025. In coordinating the transition, MidAmerican has requested that the City continue to read gas meters for Waukee customers until the end of the calendar year. MidAmerican Energy has agreed to reimburse the City for this service at a rate of $5.00 per meter per year. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The cost to be reimbursed by MidAmerican Energy to the see will be approximately $10,100. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Proposed Resolution II. Meter Reading Agreement PREPARED BY:Brad Deets, City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1E2 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- RESOLUTION APPROVING METER READING AGREEMENT WITH MIDAMERICAN ENERGY COMPANY IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City and MidAmerican Energy Company entered into an Asset Purchase Agreement dated April 24, 2025 (“APA”) concerning the sale of the Waukee Municipal Gas Utility to MidAmerican Energy Company; AND, WHEREAS, the Parties intend to close on the sale of the Waukee Municipal Gas Utility on October 22, 2025, at 9:00 AM CST (“Closing”) and after closing MidAmerican Energy Company will assume ownership and the operational responsibilities of the gas utility within the city of Waukee; AND, WHEREAS, MidAmerican Energy Company requires some time to transition the automated meter reading system to their system and the City has agreed to provide meter reading data to MidAmerican Energy Company from closing to December 31, 2025, to allow MidAmerican Energy Company to transition meter reading to their system; AND, WHEREAS, the City believes it is in the best interest of the City and its residents to assist MidAmerican Energy Company with the transition by providing meter reading data to them as they transition the meters to its system. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council the Meter Reading Agreement should be and the same is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 20th day of October, 2025. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair METER READING AGREEMENT This METER READING AGREEMENT (this “Agreement”) is dated ________________________, 2025, by and between the City of Waukee, an Iowa municipality (“City”), and MidAmerican Energy Company, an Iowa corporation (“MidAmerican”) (collectively “the Parties”). WHEREAS, the City and MidAmerican entered into an Asset Purchase Agreement dated April 24, 2025 (“APA”) concerning the sale of the Waukee Municipal Gas Utility to MidAmerican; and WHEREAS, the Parties intend to close on the sale of the Waukee Municipal Gas Utility on October 22nd 2025 at 9:00 AM CST (“Closing”) and after closing MidAmerican will assume ownership and the operational responsibilities of the gas utility within the city of Waukee; and WHEREAS, MidAmerican requires some time to transition the automated meter reading system to their system and the City has agreed to provide meter reading data to MidAmerican from closing to December 31, 2025 to allow MidAmerican to transition meter reading to their system; and NOW THEREFORE, in consideration of the mutual representations, warranties and agreements set forth herein and for other valuable consideration, the Parties agree as follows: 1)METER READING. Commencing on October 23, 2025, the City will read the gas meters located within the City utilizing the City’s Automated Meter Infrastructure (“AMI”) or Automated Meter Reading (“AMR”) once daily at 11:59 PM CST on weekdays, excluding holidays observed by the City. The data will be saved in a mutually agreed upon .CSV data format and transmitted to MidAmerican on or around 8:00 AM CST via email to: eric.heikes@midamerican.com and alissa.tedder@midamerican.com. 2)FEE AND PAYMENT. The rate for the meter reading service provided hereunder is $.013699 per meter per day, or $5.00 per meter per year. The City will invoice MidAmerican at the end of each calendar month the amount due for services rendered for that month. Invoices shall be sent to MidAmerican via email to eric.heikes@midamerican.com and alissa.tedder@midamerican.com. MidAmerican will remit payment to the City within 30 days from the date of the invoice. 3)METERS. As of September 22, 2025 the City had 10,495 active gas meters on the Waukee Municipal Gas System being read by the City. The Parties recognize the number of meters in use will fluctuate after closing based on new service, disconnects, and MidAmerican’s meter modification/transition undertakings throughout the term of this Agreement. For the purpose of this Agreement, the initial number of meters being read under this Agreement will be the number of meters being read by the City as part October 20 of the Waukee Municipal Gas System immediately prior to Closing. Immediately following Closing, it shall be the responsibility of MidAmerican to notify, in writing, the City to discontinue reading a particular gas meter under this Agreement. MidAmerican may send notifications of disconnections and additions to the City by email to WaukeeUtilities@waukee.org. 4)COOPERATION. The City will reasonably cooperate with additional requests by MidAmerican for data available in the City’s AMI and/or AMR systems pertaining to the gas meters that are tied to the City’s meter reading system throughout the term of this Agreement. 5)LIMITATION OF RESPONSIBILITY. The City will only be responsible for providing the data gathered by its AMI and/or AMR systems to MidAmerican in accordance with this Agreement. The City shall not be responsible for errors in meter reading experienced through the City AMI and/or AMR systems. MidAmerican is responsible for monitoring, analyzing and evaluating the meter reading data provided by the City to MidAmerican pursuant to this Agreement. Any and all meter repair or replacement that may be identified after analysis or evaluation of the data provided to MidAmerican by the City hereunder shall be the responsibility of MidAmerican. 6)WARRANTY DISCLAIMER. The data provided by the City hereunder is provided “AS IS” without a warranty of any kind. The City makes no representations or warranties, express or implied, including but not limited to any warranty of accuracy, completeness, performance, merchantability, fitness for a particular purpose, commercial utility, or otherwise. 7)TERM. The initial term of this Agreement shall be from October 23, 2025 to December 31, 2025. MidAmerican will use its best efforts to transition meter reading from the City to MidAmerican during this Term. In the event the transition is not completed in this Term, the Term can be extended by the Parties’ mutual agreement through an amendment to this Agreement. 8)SEVERABILITY. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. 9)JURISDICTION AND VENUE. The exclusive jurisdiction and venue for any litigation arising under this Agreement shall be in the Iowa District Court in and for Dallas County, Iowa. 10)SECTION HEADINGS. Section headings are provided for convenience only, and shall have no bearing on the interpretation of all or part of any such section. 11)MODIFICATIONS AND WAIVERS IN WRITING. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 12)ASSIGNMENT PROHIBITED. This Agreement may not be assigned without the mutual written consent of the Parties hereto. This Agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by anyone without the prior written consent of the other respective party hereto. 13)ENTIRE AGREEMENT. This Agreement embodies the whole Agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into by any of the parties hereto other than that contained herein. IN WITNESS WHEREOF, the parties have caused this Meter Reading Agreement to be duly executed and effective as of the date set forth above. SELLER: BUYER: CITY OF WAUKEE, IOWA MIDAMERICAN ENERGY COMPANY By: _______________________________ By: ________________________________ Courtney Clarke, Mayor Jason Lee, Vice President, Gas Delivery ATTEST: By: _______________________________ Brad Deets, City Administrator