HomeMy Public PortalAboutORD10208 BILL NO. "'oZ
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SPONSORED BY COUNCILMAN
ORDINANCE NO. O ZO
AN ORDINANCE OF THE CITY OF JEFFERSON, , MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT ADDENDUM WITH G. W.
SERVICE CORPORATION FOR BILLING OF SANITARY SEWER CHARGES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with G. W. Service Corporation for
billing of sanitary sewer charges.
Section 2. The contract addendum shall be substantially the
same in form and content as that contract attached hereto as
Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval. rr
Passed - Approved x/240
Pr siding Off ' er Mayor
ATTEST:
a.44�
City Clerk
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ADDENDUM
Amok THIS ADDENDUM to the Agreement dated April 4 , 1979, made
this day of 1984 , by and between the City
of Jefferson, a municillal corporation, (hereinafter referred to
as the "City" ) , pursuant to action of the City Council of the
City of Jefferson, and G.W. Service Corp. , a Delaware Corporation
(hereinafter referred to as the "Company" ) ;
WITNESSETH:
WHEREAS, the aforementioned agreement between the parties
hereto expires on April 14 , 1984; and
WHEREAS, the parties wish to extend and renew said agreement
relating to the billing by the Company of sewer charges by the
City, subject to the modifications hereinafter set forth, without
the necessity of preparing and executing a separate comprehensive
contract;
NOW, THEREFORE, in consideration of the premises, and the
following terms, covenants and conditions , it is agreed by the
parties hereto as follows :
1. The parties promise and agree to perform all the terms
and provisions contained in the Agreement dated April 4 , 1979,
for the term hereinafter specified, except insofar as would be
inconsistent or in conflict with the terms specified hereinbelow.
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2 . The term of this Addendum shall commence on the 15th day
of April, 1984, and extend until the 14th day of April, 1989 .
3 . In consideration of the Company' s rendering bills for and
receiving payments of sewer service charges, as provided in this
addendum and said Agreement; and transmitting to City such sewer
service payments billed and furnishing to City lists of all
establishments which are delinquent in the payment of sewer
service charges, City shall pay Company the sum of 29� for each
and every bill caused to be rendered by Company to customers of
Water Company for the preceding month on which a sewer service
charge is set forth and billed, and the sum of 58G for each and
every bill caused to be rendered by Company for the preceding
month on which a sewer service charge is set forth and billed to
residential, commercial and industrial establishments who are not
customers of Water Company. Such charges are based in part on the
present United States mail postage rate of 13G per each bill
mailed by Company, and it is agreed that in the event the United
States postage rate is increased that the charge of 29� for each
bill rendered to customers of Water Company shall be
automatically increased by 50% of the amount of the postage
increase, and the charge of 58� per bill for rendering bills for
sewer. service charges to persons not customers of Water Company
shall be increased in the same amount as the postage increase. In
the event City requests Company to render any service other than
® one of those hereinbefore set forth in this Addendum and said
Agreement, such as, but not limited to, providing City with date
to be used for the adjustment and/or collection of sewer service
charges, sending out delinquency notices on City's forms , or
making reclassifications of accounts which are required to be
made as a result of (a) special instructions received by Company
from City or (b) amendments made by City to said Ordinance No.
8506, as amended, or (c) changes in rules and regulations
promulgated under said Ordinances, Company shall render such
additional service to City and shall make a separate charge
therefor. Such additional charge shall be reasonably related to
the cost of providing the service. City and Company must agree
upon the costs of the additional service prior to the performance
of that service. From time to time, as may be appropriate after
the date of this Addendum, Company shall compute the total sum
due it for services rendered by it over and above the sum of 29G
and 5844, per bill for each and every bill rendered by Company. The
amount so computed shall be deducted from the amount of sewer
service charges billed by the Company during the preceding month.
At the same time that each monthly deposit of sewer service
charges billed is made by Company, Company shall furnish the City
Treasurer with an accounting for the sum deducted by Company as
payment of its services rendered under this Addendum of said
Agreement.
4 . The charges for billing of 22. 5 and 45� respectively
(hereinafter referred to as "base charges" ) are based upon the
costs, less postage, associated with providing such service in
1984 . Beginning on April 15, 1985, and on said date in each
subsequent year of the term hereof, said base charges will be
automatically adjusted, either upward or downward, by not more
than 10% per annum, in accordance with the change, if any, in the
Consumer Price Index for All Items, as published by the United
States Department of Labor, Department of Economic Analysis,
between the index figure for the preceding year, and the index
figure for the current year. All changes in charges to City shall
be rounded to the nearest one tenth of a cent. Such change in the
base charges, if any, would be effective beginning with billings
prepared in the following May by the Company.
5. The terms of this Addendum and of said Agreement are
binding upon the parties hereto and upon their respective
successors and assigns .
6. Paragraph 6 of the Agreement is amended by changing the
portion concerning indemnity to read as follows :
As further consideration of Company agreeing to bill and
receive payment of sewer service charges as provided in this
Agreement City hereby covenants and agrees , to the extent
permitted by laws , that it will indemnify and save harmless
Company from and against any and all actions or causes of
action, claims, demands, liabilities , loss , damage or
expense of whatsoever kind or nature that result from
information given to Company by City or actions directly
taken by City, including attorney's fees which Company shall
or may at any time sustain or incur by reason or in
consequence of any alleged act of Company or alleged failure
to act by Company in performance of Company's duties and
® obligations under the terms of this Agreement, except for
® Company's obligation to account for and transmit to City all
payments of sewer service charges billed and received by
Company.
IN WITNESS WHEREOF, the,p-�arties hereto have executed the
foregoing instrument on the � day of Q4441A,, , 1984 .
CITY OF JEFFERSON
By
Mayor
ATTEST:
TV City Clerk
This Addemdum when approved by the Council of the City of
Jefferson, is approved as to form and legality.
® ,
C Ify Counselor
G. W. SERVICE CORP.
By
ATTEST:'