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HomeMy Public PortalAboutORD08824 i BILL N0. INTROnUCED BY COUNCILMAN ORDINANCE N0, AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY OF JEFFERSON TO EXECUTE A CONTRACT WITH THE G W SERVICE CORP. , RELATING TO THE BILLING AND COLLECTION OF SEWER SERVICE CHARGES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and the Clerk of the City are hereby authorized and directed to execute a contract with the G W Service Corp. , a Delaware Corporation, for the billing and collection of sewer service charges . Section 2. Said contract shall read in words and figures as follows : (SEE ATTACHED) Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed, Approved l reside Council r Attest City Clerk I , AGREEMENT This Agreement made as of the s' day of 1976, pursuant to the action of the City Council on ,� - , 1976, authorizing this Agreement between the City of Jefferson, a municipal corporation, located in Cole County, State of Mis- souri, (hereinafter called "City") , and GW Service Corp. , a Delaware corporation, (hereinafter called "Company") : WITNESSETH: ® In consideration of the premises, and of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows : 1. City does hereby employ Company as City's sole agent to bill and receive payments for all sewer service charges as pro- vided for in Ordinance No. 8506, as amended, of the City of Jefferson, Missouri, and Company does hereby accept said employ- meet from City. 2. City does hereby designate and appoint its Director of Public Works and/or its City Engineer as City 's representative to whom all inquiries from Company with respect to the performance of Company's obligations under this Agreement shall be referred, and the decisions of the said Director of Public Works and/or City Engineer shall be final, binding upon the Company and decisions upon which Company may fully rely. 3. After the effective date of this Agreement the Company mall cause monthly bills to be rendered for sewer service charges to all "residential, commercial, and, industrial establishments" as defined in said Ordinance No. 8506, as amended. In every in- stance in which such "establishment" is a customer of Capital City Water Company (hereinafter designated as "Water Company") , said current sewer service charges shall be billed as a separate item on the water bill rendered by Water Company to its customers. On or before the 25th day of each month City shall furnish Company a complete list of all new or discontinued accounts of residential, commercial and industrial establishments as defined in said Ordinance No. 8506, as amended, who are not customers of Water Company, together with the sewer service charges to be billed to each such establishment and the period for which such charges shall be billed. Company shall bill such charges in accordance with such directions received from City. Company shall have no Sobligation whatsoever to render bills to any residential, com- mercial and industrial establishments as defined in said Ordinance -2- No. 8506, as amended, other than (1) those who are customers of ® Water Company, and (2) those who are not customers but whose names are set forth in the appropriate written list submitted by City to Company as aforesaid. In all instances in which Company shall be in doubt with respect to the applicability and/or determination of sewer service charges, such matters shall be referred to City which shall determine the same and shall transmit such determinations in writing to Company. Company shall there- after cause to be rendered all applicable sewer service bills in accordance with such determinations. In every instance in which City shall adjust the sewer service charge applicable to a given ® establishment, City shall notify Company thereof in writing and Company shall thereafter cause bills to be rendered for sewer service charges to such establishment in accordance with said determination. 4. Company shall cause sewer service charges to be billed in accordance with the terms and provisions of said Ordinance No. 8506, as amended, and the rules and regulations promulgated there- under. In the event that City shall at any time, or from time to time, in the future make any change in the rate schedule of sewer • service charges to be billed by Company, City shall not make such changes effective sooner than 30 days from and after the date upon -3- which written notice thereof shall have been delivered by City to Company. City agrees that such adjustments, if any, to billings for over or under registration of Water Company's water meters as Water Company shall determine should be made for the purpose of billing for water service shall likewise be made for the purpose of billing sewer service charges. Nothing in this Agreement shall be construed to limit in any way the Water Company's right to discontinue its service to any of its customers at any time in order to enable the Water Company to enforce its own regulations relative to water service or to enforce payment or partial payment of water due and owing to Water Company or sewer service charges due and owing to City, and Company shall incur no liability whatsoever to City as the result of any loss in sewer service charges resulting therefrom. Nothing in this Agreement contained shall be construed as obligating Water Company to discontinue water service at any establishment because of the non-payment by such establishment of sewer service charges, provided, however, that Water Company may discontinue water service at any establishment because of the non-payment of any amount due by such establishment for water. -4- 5 . Monthly bills rendered for sewer service charges ® shall be due and payable at Water Company's office at the same time that Water Company's monthly bills are due and payable. Company shall on or before the 10th day of each calendar month deposit with the Treasurer of City the full amount of all sewer service charges billed by the Company during the preceding calendar month. Company shall also deliver to the City Clerk during the months of July and January of each year, or more often if Company desires, a list of all establishments which have failed to pay sewer service charges and the amount of such establishment 's delinquency according to the books and records of the Company, and Company shall credit against any amounts due City the amount of sewer service charges which have been billed and not received by the Company during the preceding accounting period, and which sewer service charges have been paid by Company to City when billed. Company agrees that it will properly account for and transmit to City all sewer service charges billed or collected by Company for City. Company agrees to furnish City a fidelity bond in the penal sum of $50,000.00, countersigned by a surety company satisfactory to City, which shall indemnify City against any loss sustained by reason of the failure of Company to turn over to City all sums of money billed or collected by Company and due City under the terms of this Agreement. All premiums for such fidelity bond -5- shall be paid by City. ® 6. Company's liability under the terms of this Agreement between Company and City relative to the collection of sewer service charges, shall be limited solely and exclusively to any loss sustained by City by reason of Company's failure to account for and transmit to City all payments made to Company on account of sewer service charges. In consideration of Company's agreement to perform the duties and responsibilities imposed upon it by this Agreement, City does hereby release and forever discharge Company of and from any and all claims, demands, damages, actions , causes of action, or suits at law or in equity, of whatsoever kind or nature, which City may hereafter have against Company on account of any action whatsoever either taken or failed to be taken by Company under the performance of Company's duties and obligations under the terms of this Agreement, except the Company's obligation to account for and transmit to City all payments of sewer service charges received or billed by Company. 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 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, including attorney's fees which Company shall or may at any time -6- 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. It is agreed between the parties hereto that Company shall have no obligation to enforce collection of delin- quent sewer service charges , provided, however, that Water Company may discontinue water service to any establishment for its failure to pay in full all charges for water and sewer service charges ® billed, and it shall be the sole and exclusive obligation of City through its duly authorized officers and agents, to enforce col- lection of sewer service charges, provided Company shall furnish all necessary information from its records that may be required by City to enforce collection of said delinquent sewer service charges. In the event a customer of Water Company shall make a partial payment on a bill which contains charges for both water and sewer service charges, Company shall apply any such partial payment to the charges for water and sewer service charges on a pro-rata basis, based on the amounts of the respective charges . Nothing in this Agreement shall prevent Water Company for dis- continuing water service to any customer for failure to pay the -7- Oki balance of all charges billed to the customers. 7 . In consideration of Company 's rendering bills for and receiving payments of sewer service charges, as provided in this 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 180 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 30¢ 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 90 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 180 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 30¢ per bill for rendering bills for sewer service charges to persons not customers of Water Company shall be increased in the amount of the postage increase. In the event City requests Company to render any service other than one of those hereinbefore set forth in this Agreement, such as, but -8- 1 not limited to, providing City with data to be used for the adjust- ment 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. From time to time, as may be appropriate after the date of this Agreement, Company shall compute the total sum due it for services rendered by it over and above the sum of 18J and 3U 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 Agreement. 8. The term of this Agreement shall commence on the 15th day of April, 1976, and terminate on the 14th day of April, 1979, provided, however, after the termination date the term of this Agreement shall continue on a year to year basis until changed -9- r or terminated as hereinafter provided. City or Company shall have the right to terminate this Agreement, effective on the first day of any calendar month, provided that City or Company shall give written notice of Company 's or City's intention to cancel said Agreement at least six (6) months prior to the effective date of such cancellation. 9. This Agreement is binding upon the parties hereto and upon their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed the foregoing instrument on the day of , 1976. C Y #FF N y ATTEST: City C erk This Agreement when approved by the Council of the City of Jefferson, is approved as to form and legali 1 ze- C y Attorney GW SERVICE JCOR AT4re By ��•�1�-� .� Senior Vice President r -10-