Loading...
HomeMy Public PortalAboutORD10208 BILL NO. "'oZ p 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 �w 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. Aatk 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:'