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10D Consent
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Packet 20230501
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10D Consent
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Last modified
3/21/2024 5:52:05 PM
Creation date
5/31/2023 11:58:04 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/1/2023
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PERM
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{00082412;1} <br />1.5 Termination of Agreement. This Agreement may be terminated at any time by either party <br />hereto upon: 1) the District giving the Agency at least twelve (12) months written notice of <br />such termination; or 2) the Agency giving the District at least ninety (90) days written notice <br />of such termination. Termination of this Agreement shall not affect the Agency's liability, as <br />provided herein, to pay the cost of services which have been rendered by the District <br />pursuant to the terms of this Agreement; however, after notice of termination is given by <br />Agency as provided herein, no costs incurred by the District for upgrades or changes in <br />equipment, software, personnel or procedures that occur subsequent to such notification <br />shall be assessed or billed to the Agency. <br />2 Services and Facilities to be Furnished by the District <br />2.1 Billing and Collection Services Provided. The District agrees to furnish the labor, services, <br />materials and equipment required to program its customer billing system (including testing <br />and installation) to provide for billing and collection of the Agency's sewer charge, including: <br />1) identification of the Agency's sewer service charge on the District water bills; 2) collection <br />of same with said water bills; 3) identification of collections relating to said charge; and 4) <br />remittance to the Agency of the cash collection from the Agency's sewer service charge <br />billing, adjusted for debits and credits allowed by this Agreement. <br />2.2 Requests for Sewer Service Charge Rate and Structural Changes <br />a. Frequency of Requests. The District agrees to implement either one sewer service charge <br />rate change or one sewer service charge structural change per calendar year (see <br />paragraph 2.2. ci, ii). Although the Agency may request other rate or structural changes, <br />it is wholly within the District's discretion to determine whether to implement the <br />Agency's request unless the rate and/or structural change is mandated by court or <br />legislative action. If any change is requested as a result of court order or other legal <br />mandate, Agency shall identify the mandate and any legally mandated compliance <br />date(s) and provide supporting documentation to the District. Agency requests to <br />implement such mandated rate and/or structural changes shall conform to the <br />requirements set forth in 2. 2.6, including the applicable period specified therein to <br />effect such changes. <br />b. Form of Requests. All requests for rate and structural changes shall be submitted on the <br />Sewer Service Charges and Rates Request Form attached hereto as Exhibit B. The Agency <br />shall submit the required information to effect a rate change sixty (60) days prior to the <br />beginning date of the bill period for which the new rate will apply. The sixty day period <br />shall commence upon receipt of a revised Sewer Service Charges and Rates Request <br />Form that is complete, correct and acceptable to the District. The Agency shall submit <br />the required information on the same form to effect a structural change six (6) months <br />prior to the District’s implementation of said change. The six month period shall <br />commence upon payment by the Agency of the deposit described below. <br />c. Charges to Process Requests. Charges to process any rate or structural change shall be in <br />addition to other charges set forth in this Agreement and shall be based upon the actual <br />costs to process and implement the change.
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