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Home My Public Portal AboutORD14404 lyL)b} WASTEWATER SERVICE TERMINATION AGREEMENT • THIS AGREEMENT is made and entered into by and between the Public Water Supply District No.2 of Cole County,hereinafter referred to as the"Water District," and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereafter referred Jo as the "City." This Agreement is to be deemed effective as of the _�Y day of 2008. This Agreement shall supersede and replace paragraph 7 of the Sewer Billing Agreement executed January 17, 2006, entered by and between these parties. All other provisions of said Sewer Billing Agreement shall remain in full force and effect as stated therein, except that should there be any conflict on the issue of termination of water services for nonpayment of wastewater treatment service, this Agreement shall control. WITNESSETH: WHEREAS, the Water District is engaged in the business of providing water service to the general public in the City and areas adjacent thereto; and WHEREAS, the City operates a wastewater collection and treatment system in the City and charges its residents for such service; and WHEREAS, RSMo. § 393.015 permits.City and the Water District to enter into an • agreement whereby Water District may terminate water service to a premises to facilitate collection of charges for wastewater treatment service; and WHEREAS, RSMo. §§ 250.140, 250.236 and 393.016 authorize the termination of water services at the direction of a City for non-payment of a customer sewer bill,and provide certain notice and procedural requirements as set forth therein. NOW,THEREOF,for and in consideration of the covenants contained herein, Water district and City agree as follows: 1. The Water District shall discontinue and disconnect water service at residential units of those customers whose sanitary sewer bills due the City are delinquent in excess of 90 days in order to facilitate collection of delinquent wastewater charges. This Agreement is intended to satisfy the requirements of RSMo. §§ 393.015, 390.016, 250.140 and 250.236. Nothing in this Agreement shall interfere with, inhibit,or delay the Water District from discontinuing its water service to any water customer at any time earlier than the expiration of 90 days in order that the Water District may enforce its own rules and regulations relative to water service or payment of water service accounts; and nothing in -1- this Agreement shall interfere with, inhibit, or delay the City from • discontinuing its wastewater treatment service to any wastewater treatment customer at any time in order that the City may enforce its own ordinances, rules and regulations relative to wastewater treatment service or payment of wastewater treatment service accounts. 2. Pursuant to RSMo.§ 393.015.1, the City agrees to provide at least 30 days written notice by certified mail to delinquent sewer customers, that said customer's water service may or will be disconnected for lack of sanitary sewer payment. Except that, if the Water District is performing a combined water and sewer billing service for the City, no additional notice or any additional waiting period shall be required other than the notice and waiting period already in use by the Water District to disconnect water service for non- payment of the water bill. Furthermore,City shall provide written notice to the Water District in order to request termination of water service for delinquent sewer customers, as required by RSMo.§ 393.016.4(2). Such notice shall include the due date, amount of the delinquent bill, and all penalties and interest thereon. When payment of such amount is received by the City, upon written notice thereof to Water District, the Water District shall restore water service to the water and sewer user, provided the water bill of such user owed to the Water District is not delinquent. • 3. If Y requested b Water District,the City agrees to provide appropriate personnel q to accompany Water District personnel when disconnections are made. To the extent City personnel are requested by Water District, disconnections will be made once per month at a mutually beneficial agreed upon date and time. 4. The City agrees to reimburse the Water District for disconnection of water service to sewer-only delinquent customers whose service has been disconnected pursuant to this agreement at the customary rate of disconnection,currently$30.00 for disconnection and reconnections between 8:00 a.m. and 4:30 p.m., Monday - Friday, other than holidays; $50 for reconnections after normal business hours,on weekends and on holidays. This rate shall be recalculated annually and increased or decreased according to any change occurring in the Water District's costs and expenses. 5. Any loss of revenue incurred by Water District as a result of discontinuing water service because of the failure of any sewer user to pay the charges or rental therefore shall be paid to the Water District by City. Such amounts include, but are not limited to, loss of revenue by Water District caused by • -2- i I disconnection of water service for a sewer bill delinquency when the water bill • is not delinquent. 6. The Water District will provide bills on a monthly basis reflecting amounts, if any, owed by City. Such bills shall be due and payable upon receipt by the City, and delinquent if not paid within fifteen (15) days, after which time, interest on said bill shall accrue at a rate of 12 percent per annum. 7. In the event Water District or any independent contractor who performs this Agreement under contract with the Water District, incurs attorney's fees or other costs not covered by insurance as a result of any claim, litigation, or threatened litigation against the Water District or independent contractor which exceeds the limits of insurance coverage provided to Water District by City as described below, City shall reimburse such amounts to the Water District or independent contractor. 8. Upon receipt of written notice from the City that a customer has made full payment of all delinquencies, costs and fees for discontinuance and disconnection and for reinstitution or reconnection of service, the Water District agrees to reconnect water service to said customer. The described written notice may be provided to the Water District by facsimile transmission. 9. The City agrees to issue a press release and provide public education regarding the disconnection and/or discontinuance of service policy as it deems appropriate in its sole discretion. 10. The City shall at all times keep in force a general comprehensive public liability and property damage policy issued by a company authorized to do business in Missouri with policy limits equal to or in excess of those set forth in RSMo. § 537.610, shall include the Water District and any independent contractor who performs this Agreement under contract with the Water District as additional insureds, and shall furnish the Water District a certificate of insurance evidencing such insurance is in effect. If at any time City fails to do so and/or fails to furnish such certificate of insurance to Water District, Water District may cease to make water service terminations until such requirement is satisfied. 11. The term of this Agreement shall be one (1) year, commencing on the date hereof. By agreement of the parties this agreement may be renewed and extended for an additional period up to one (1) year. The Agreement shall continue on a month to month basis after the expiration of the final term until -3- one party gives ninety (90) days written notice to the other party of its intent • not to continue the Agreement. 12. This Agreement shall be construed to be applicable to only the parties hereto and shall not confer any rights, privileges, or obligations on any third party, including customers of the Water District and the City. 13. City does hereby designate and appoint the Finance Director and Utilities Superintendent as City's representative to either of whom all inquiries from Water District with respect to the performance of Water District's obligations under this Agreement shall be referred, and the decisions of either individual shall be final, and binding upon City. 14. This Agreement may not be assigned by a party without the express written consent of the other party,except that Water District,at its sole discretion,may hire an independent contractor to perform disconnections. 15. This Agreement may not be amended,modified, or revised except by a written consent signed by both parties. 16. This Agreement shall be binding upon and inure to the benefit of the parties • hereto and their respective successors and permitted assigns. 17. This Agreement has been entered into and shall be construed in accordance with the laws of the State of Missouri. 18. Notices: All notices between the parties to this Agreement required to be in writing may be given by first class mail addressed to: If to the City: If to the Water District: Finance Director Randy Kay, District Manager City of Jefferson Public Water Supply Dist. No. 2 320 East McCarty P.O. Box 104238 Jefferson City, MO 65101 Jefferson City, MO 65110-4238 Wastewater Division Director Frances M. Flessa, Secretary City of Jefferson Public Water Supply Dist. No. 2 320 East McCarty P.O. Box 104238 Jefferson City, MO 65101 Jefferson City, MO 65110-4238 • -4- r The date of delivery of any notice shall be the second full day after the day of its • mailing. IN WITNESS WHEREOF,the parties hereto have caused their duly authorized agents to execute this Agreement to be effective as of the day and year first above written. City of Jefferson, Missouri Public Water Supply District No. 2 of Cole County Mayor President ity Clerk Secretary APPROV S T FORM: City Counselor -5- BILL NO. 2008-57 40 SPONSORED BY COUNCILMAN Penfold ORDINANCE NO. jq 4 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT # 2 FOR TERMINATION OF WASTEWATER SERVICE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Water District # 2 for Termination of Wastewater Service. Section 2. The agreement shall be substantially the same in form and content as that agreement 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. Passed: Jf'�- Approved: t' es' ing Officer Mayor ATTEST: APPRO S TO F M: (/a WZ e4 ZL C1 41'k City ounse or •