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{00082412;1} <br />SEWER AGENCY CHARGE BILLING AND COLLECTION AGREEMENT <br />THIS AGREEMENT, made and entered into this day of , by and <br />between the CITY OF SAN LEANDRO WATER for its WATER POLLUTION CONTROL PLANT, a <br />municipal corporation, herein after called "the Agency", and the EAST BAY MUNICIPAL UTILITY <br />DISTRICT, a public agency organized and existing under the law of the State of California, hereinafter <br />called "the District", supersedes any and all other previous Sewer Agency Billing and Collection <br />Agreements between the Agency and the District; <br />WITNESSETH: <br />1 General Provisions <br />1.1 Purpose of Agreement. The City Council of the Agency has adopted its Ordinance No. 2014- <br />020 hereinafter referred to as "the Ordinance", establishing sewer service charges for the <br />user of sewer facilities owned and operated by the Agency, and for the purpose of facilitating <br />the billing and collection of such charges. The Agency has requested that the District bill and <br />collect the Agency's charges for such sewer service, and the District is willing to perform such <br />billing and collection subject to the terms and conditions set forth herein. <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, 2033 unless otherwise terminated as <br />provided in paragraph 1.5. <br />1.3 Supervision and Control by the District. The District shall have sole and exclusive supervision <br />and control over its operations under this Agreement, including but not limited to the <br />method of preparing the District bills and making the collections thereunder; the selection, <br />design and use of forms and changes thereto; and the selection and use of data processing <br />equipment and office machinery by the District in the performance of this Agreement. The <br />District's decisions with respect to any and all aspects of its billing and collection operations <br />shall be final and conclusive. The Agency agrees that the District may make changes in its <br />billing and collection procedures during the term of this Agreement, and in the equipment <br />required therefor. The Agency further agrees that the payments to be made by the Agency <br />pursuant to the terms of this Agreement may include a proportionate share of the costs of <br />such changes as illustrated by the shared cost billing and collection formula (Exhibit A). <br />1.4 Communications. All requests by the Agency to add, delete, modify or in any way change its <br />sewer service charges or to obtain information concerning individual accounts or groups of <br />accounts or any other data shall be made in writing to the Secretary of the District, or to such <br />other person designated by the District, and signed by the Agency's liaison (see paragraph <br />3.2).