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{00082412;1} <br />part of the annual consumption data or as otherwise required by law to make disclosure. The <br />Agency should review the annual consumption data for accuracy and advise the District as <br />soon as practicable of any omissions, errors or discrepancies in the billing of its sewer service <br />charges. <br />3 Obligations of the Agency <br />3.1 Payments to be Made by the Agency <br />a. Billing and Collection Expense. The District will annually calculate the estimated monthly <br />cost to bill and collect the Agency's sewer service charge. The calculation of said <br />estimated cost as shown in Exhibit A, shall be based upon (a) the District's knowledge of <br />the cost to collect on behalf of its own accounts and (b) the amount of revenue <br />collected, number of accounts to be billed, and number of meters read for the Agency <br />compared to the total revenue collected, number of accounts billed, and meters read by <br />the District. Said estimated costs shall be reduced by an allocation of late payment <br />penalty fees billed by the District, based upon the Agency's portion of total revenue <br />billed. During the fiscal year in which the billing and collection of the Agency's sewer <br />service charge is commenced, the Agency shall pay to the District, on a monthly basis, <br />said estimated cost plus the amortized payment amount towards the Agency's prorated <br />share of the fixed asset or Customer Information System (CIS) replacement or upgrade in <br />the next 10 years (as set forth in Exhibit A). At the close of the initial fiscal year, and at <br />the close of each subsequent fiscal year, the District will calculate the actual costs <br />incurred to bill and collect the Agency's sewer service charge. If the District's actual costs <br />are greater than the estimated costs paid by the Agency, the Agency shall pay the <br />difference to the District within thirty (30) days of the District's invoice therefor. If the <br />District's actual costs are less than the estimated costs paid by the Agency, the District <br />will apply a credit to the Agency's account. The actual cost calculation by the District at <br />the close of each fiscal year shall be the estimated monthly charge which shall be paid by <br />the Agency during the next fiscal year. The District will provide to the Agency an annual <br />reconciliation of billing and collection actual costs to estimated costs for the preceding <br />year and provide projected estimated costs for the following year. Calculation by the <br />District of its actual costs to bill and collect the Agency's sewer service charge shall be <br />conducted according to standard accounting practices on a shared cost basis. The <br />District agrees that the charge to the Agency shall not exceed the reasonable costs of <br />providing the services rendered hereunder. Subject to the limitations expressed herein, <br />the parties agree that the District's determination of its actual costs shall be final. <br />b. Manner of Payment. The Agency and the District agree that the District shall debit sewer <br />service charges collected by the District, which have not yet been remitted to the Agency <br />pursuant to paragraph 2.10 herein for aforesaid charges for billing and collection costs, <br />and other charges set forth in this Agreement. Any unpaid and overdue sum owing to <br />the District by the Agency shall be paid by the Agency to the District within thirty (30) <br />days following billing by the District. Checks should be made payable to East Bay <br />Municipal Utility District, P.O. Box 24055, MS 107, Oakland, CA 94623. <br />3.2 Liaison by the Agency with District. The Agency shall designate a representative for liaison <br />with the District to cooperate in the handling of disputed accounts and other matters arising