2005 AGN JAN 18 I16 - Laserfiche WebLink

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3. SERVICES TO BE RENDERED A. The City will provide electric service to West Valley Water District in a manner of quality and reliability consistent with the service provided to other customers served within the City in accordance with all applicable provisions as established by the City Customer Service Policy. 8. PAYMENT AND INQUIRIES A. The West Valley Water District account will be billed monthly by City and payment will be made in accordance with the City's adopted Rules and Regulations for electric service. Any inquiries regarding the bill shall be made to the City of Colton, Finance Department. B. Any questions regarding the physical service connection, power quality, or problems with the delivery of power shall be made to the City of Colton, Utility Department, Electric Division. 5. TERMINATION A. During the 1 year of the Agreement, no termination will be permitted by either party, except that the City may terminate this Agreement for non-payment. Prior to termination for non-payment, the City shall first provide written notice to West Valley Water District of its non-payment and provide West Valley Water District with an additional fifteen (15) days to make any payments due to the City. Failure by West Valley Water District to make its payment(s) within the time specified will result in the City's ability to terminate this Agreement immediately. However, should the service characteristics at the West Valley Water District facility change in a material manner so that the costs of providing the electric service to West Valley Water District change, the City and/or West Valley Water District may request a review of the contract rate upon written notification of such request to the other Party. 6. LIMITATIONS A. These rates shall only be applicable to a load at the facility not to exceed two (2) megaWatts of maximum recorded demand. If load during the entire term of the Agreement should rise above this threshold, City reserves the right to renegotiate the prices for the remainder of the term of the Agreement. B. For the term of the Agreement, West Valley Water District shall be prohibited to install, own, operate, or otherwise incorporate self -generated power at the new facility. C. The rates offered to West Valley Water District are only available for new electric service at the service address noted in this agreement. 7. NON -DEDICATION OF FACILITIES A. Any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by either Party to the public, a third party, or to the other Party, and it is understood and agreed that any such undertaking by any Party shall cease upon the termination of this Agreement. 8. NO THIRD PARTY RIGHTS A. This Agreement shall not be construed to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, obligation or undertaking established therein.