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SEWER AGENCY CHARGE BILLING AND COLLECTION AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this _______th day of _______, _______ by <br />and between the CITY OF SAN LEANDRO WATER POLLUTION CONTROL PLANT, a <br />municipal corporation, herein after called “the Agency”, and the EAST BAY MUNICIPAL <br />UTILITY DISTRICT, a public agency organized and existing under the law of the State of <br />California, hereinafter called “the District”, supersedes any and all other previous Sewer Agency <br />Billing and Collection Agreements between the Agency and the District; <br /> <br />WITNESSETH: <br />1. General Provisions <br /> <br />1.1. Purpose of Agreement. The City Council of the Agency has adopted its Ordinance No. <br />_______ hereinafter referred to as “the Ordinance”, establishing sewer service charges <br />for the user of sewer facilities owned and operated by the Agency, and for the purpose <br />of facilitating the billing and collection of such charges. The Agency has requested that <br />the District bill and collect the Agency’s charges for such sewer service, and the District <br />is willing to perform such billing and collection subject to the terms and conditions set <br />forth herein. <br /> <br />1.2. Term of Agreement. The District will bill and collect the Agency’s sewer service charge <br />pursuant to the terms of this Agreement until June 30, 2023 unless otherwise terminated <br />as provided in paragraph 1.5. <br /> <br />1.3. Supervision and Control by the District. The District shall have sole and exclusive <br />supervision and control over its operations under this Agreement, including but not <br />limited to the method of preparing the District bills and making the collections <br />thereunder; the selection, design and use of forms and changes thereto; and the selection <br />and use of data processing equipment and office machinery by the District in the <br />performance of this Agreement. The District's decisions with respect to any and all <br />aspects of its billing and collection operations shall be final and conclusive. The Agency <br />agrees that the District may make changes in its billing and collection procedures during <br />the term of this Agreement, and in the equipment required therefor. The Agency further <br />agrees that the payments to be made by the Agency pursuant to the terms of this <br />Agreement may include a proportionate share of the costs of such changes as illustrated <br />by the shared cost billing and collection formula (Exhibit A). <br /> <br />1.4. Communications. All requests by the Agency to add, delete, modify or in any way <br />change its sewer service charges or to obtain information concerning individual <br />accounts or groups of accounts or any other data shall be made in writing to the <br />Secretary of the District, or to such other person designated by the District, and signed <br />by the Agency's liaison (see paragraph 3. 2). <br /> 1