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Agmt 2013 East Bay Municipal Utility District EBMUD
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Agmt 2013 East Bay Municipal Utility District EBMUD
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6/24/2013 11:49:08 AM
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6/24/2013 11:49:07 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2013
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PERM
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Reso 2013-081
(Approved by)
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\City Clerk\City Council\Resolutions\2013
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I. <br /> ORIGINAL <br /> SEWER AGENCY CHARGE BILLING AND COLLECTION AGREEMENT <br /> THIS AGREEMENT,made and entered into this /*day of JUL/ , 20/3 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 /> WITNESSETH: <br /> 1. General Provisions <br /> 1.1. Purpose of Agreement. The City Council of the Agency has adopted its Ordinance No. <br /> k0/-005hereinafter 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 /> 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 /> 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 /> 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 <br />
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