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8M Consent 2013 0603
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8M Consent 2013 0603
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Last modified
6/10/2013 5:26:29 PM
Creation date
5/29/2013 3:07:20 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/3/2013
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PERM
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_CC Agenda 2013 0603 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0603
Reso 2013-081
(Reference)
Path:
\City Clerk\City Council\Resolutions\2013
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<br />1.5. Termination of Agreement. This Agreement may be terminated at any time by either <br />party hereto upon: 1) the District giving the Agency at least twelve (12) months written <br />notice of such termination; or 2) the Agency giving the District at least ninety (90) days <br />written notice of such termination. Termination of this Agreement shall not affect the <br />Agency's liability, as provided herein, to pay the cost of services which have been <br />rendered by the District pursuant to the terms of this Agreement; however, after notice <br />of termination is given by Agency as provided herein, no costs incurred by the District <br />for upgrades or changes in equipment, software, personnel or procedures that occur <br />subsequent to such notification shall be assessed or billed to the Agency. <br /> <br /> <br />2. Services and Facilities to be Furnished by the District <br /> <br />2.1. Billing and Collection Services Provided.. The District agrees to furnish the labor, <br />services, materials and equipment required to program its customer billing system <br />(including testing and installation) to provide for billing and collection of the Agency's <br />sewer charge, including: 1) identification of the Agency's sewer service charge on the <br />District water bills; 2) collection of same with said water bills; 3) identification of <br />collections relating to said charge; and 4) remittance to the Agency of the cash <br />collection from the Agency's sewer service charge billing, adjusted for debits and <br />credits allowed by this Agreement. <br /> <br />2.2. Requests for Sewer Service Charge Rate and Structural Changes <br /> <br />a. Frequency of Requests. The District agrees to implement either one sewer service <br />charge rate change or one sewer service charge structural change per calendar year <br />(see paragraph 2. 2.ci,ii). Although the Agency may request other rate or structural <br />changes, it is wholly within the District's discretion to determine whether to <br />implement the Agency's request unless the rate and/or structural change is mandated <br />by court or legislative action. If any change is requested as a result of court order or <br />other legal mandate, Agency shall identify the mandate and any legally mandated <br />compliance date(s) and provide supporting documentation to the District. Agency <br />requests to implement such mandated rate and/or structural changes shall conform <br />to the requirements set forth in 2. 2.b, including the applicable period specified <br />therein to effect such changes. <br /> <br />b. Form of Requests. All requests for rate and structural changes shall be submitted on <br />the Sewer Service Charges and Rates Request Form attached hereto as Exhibit B. <br />The Agency shall submit the required information to effect a rate change sixty (60) <br />days prior to the beginning date of the bill period for which the new rate will apply. <br />The sixty day period shall commence upon receipt of a revised Sewer Service <br />Charges and Rates Request Form that is complete, correct and acceptable to the <br />District. The Agency shall submit the required information on the same form to <br />effect a structural change six (6) months prior to implementation of said change. <br />The six month period shall commence upon payment by the Agency of the deposit <br />described below. <br /> 2
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