ORDER NO. 30873 PAYMENT POLICY FORM AND PAYMENT AGREEMENT FORM FOR LABORATORY SERVICES Came to be heard this the 9th day of June, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously approved by vote of 4-0-0 to: Approve UGRA requests for Kerr County to submit signed Payment Policy form and Payment Agreement form for laboratory services for the Environmental Health Department, and authorize the County Judge to sign same. ~30 X73 COMMISSIONERS' COURT AGENDA REQUEST 1 PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Ray Garcia, Director OFFICE: Environmental Health Dept. MEETING DATE: June 9, 2008 TIME PREFERRED: any SUBJECT: Consider, discuss, & approve UGRA requests for Kerr County to submit signed Payment Policy form and Payment Agreement form for laboratory services for the Environmental Health Department. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Ray Garcia, Director ESTIMATED LENGTH OF PRESENTATION: 15 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title S, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: ScOb P.M..,}~re us ,- uesday. f~ THIS REQUEST RECEIVED BY: ~ ~-~ THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~~,~~, ~F~ Kerr County Environmental Health Department W y °"" °~¢ ~ - MEMORANDUM TO: Kerr County Auditor Jeannie Hargis FROM: Ray Garcia, Director ~ ~ `I-~ DATE: May 15, 2008 RE: UGRA Correspondence Attached is a copy of correspondence from UGRA regarding their new payment policy and an agreement form they ask be signed and sent back to facilitate payment for our office. Please review and inform us as to proper procedure for the handling of this form or whether we even need to respond? They will obviously be paid when they have rendered services to the County. We have soil samples and water testing done at the lab. If you have any further questions or concerns, please feel free to call our office. ~ C.~:..~V~D MAY 1 5 X008 BI'': May 7, 2008 Guadalupe Basin Natural Resources Center 1Z5 Lehmann Drive Ste. 100 Kerrville, Texas Dear Valued Customer: 78028-5908 (830) 896-5445 Please find enclosed a copy of two items recently approved by the UGRA Board Fax (830) 257.2621 of Directors: 1) UGRA Environmental Laboratory Services Payment Policy; and, E-mail: ugraadm ®ugra.org 2) UGRA Billing and Payment Agreement form. In an effort to continue providing high quality, low cost service to you, we took measures to reduce losses -from delinquent accounts. To this end, we ask that you complete and return the UGRA Billing and Payment Agreement form by May 31, 2008. All accounts that do not have an approved UGRA Billing and Payment Agreement form filed with us as of June 1, 2008, will be relegated to a "cash only" basis. We will not accept samples from customers without an approved UGRA Billing and Agreement form on file or without cash payment at the time of delivery. Know that we appreciate your business, and will work with you to continue offering exceptional customer service and quality testing. If you have any questions, please call Tammy Thompson, Assistant General Manager, at (830) 896-5445. _ - ~ ,~' As an additional courtesy, we will call your Accounting department to offer our assistance in making this transition as smooth as possible. Thank you in advance to your prompt attention to this matter. Sincerely, ~~ Raymond L. Buck, Jr. General Manager RLB/tt UGRA ENVIRONMENTAL LABORATORY SERVICES PAYMENT POLICY Approved Apri123, 2008 Introduction UGRA owns and operates an environmental laboratory that provides a full range of analyses for trace-level contaminants under certifications for drinking water and the EPA's National Environmental Laboratory Accreditation Conference (NELAC). The laboratory provides comprehensive analytical capabilities and data to UGRA's customers and the community for the purposes of protecting human health and safety, and protection of the water quality. The purpose of this Policy is to specify the policies of UGRA with respect to payment for laboratory. services. Through implementation of this Policy, UGRA seeks to accomplish the following objectives: 1. To ensure that UGRA receives payment for the costs and expenses it incurs in providing laboratory services to its customers; 2. To offer customers with an established payment history the convenience of providing a single monthly payment for laboratory services; 3. To reduce accounts payables; and 4. To implement a consistent policy easily understood by staff and laboratory customers. Payment Policies 1. Payment Required- Payment must be made in full for all laboratory services provided by UGRA. The Board of Directors of UGRA shall establish, and amend from time to time, fees and charges for all laboratory services. 2. Manner of Payment- Except as provided below with respect to customers who have entered into a billing and payment agreement, all customers must pay in full with cash, personal check, money order, cashier's check, traveler's check, or credit card before samples are accepted for laboratory services. 3. Dishonored Payment- a. Tn the event payment is not honored by a customer's credit card company or bank, the customer will be responsible for payment of a $25.00 service charge assessed by UGRA, in addifion to any service charges that the bank or credit card company may charge. b. In the event a customer fails to provide payment in full for all laboratory charges and service fees within 30 days after payment has been not honored by the customer's credit card company or bank, then UGRA shall discontinue any future laboratory services for the customer until payment is received in full and may initiate one or more of the following remedies for collection of payment: i. UGRA may forward the matter to a collection agency; ii. UG}ZA may forward the matter to local jurisdictions for prosecution; and/or iii. UGR.A may initiate legal proceedings for collection of payment, in which event UGRA will seek to recover interest thereon at the maximum legal rate and reasonable attorneys' fees. 4. Billing and Payment Agreements- a. The following customers shall be authorized to enter into a billing and payment agreement with UGRA pursuant to which UGRA shall send a bill to the customer for all laboratory services rendered during the preceding month: i. Customers with a Public Water Supply (PWS) ID that are in good standing as of the date of adoption of this Policy provided they enter into a UGRA billing and payment agreement. ii. Customers without a Public Water Supply (PWS) ID that are in good standing as of the date of adoption of this Policy provided they enter into a UGRA billing and payment agreement. iii. Customers with a Public Water Supply (PWS) ID that make three consecutive monthly payments provided they enter into a UGRA billing and payment agreement. iv. Customers without a Public Water Supply (PWS) ID that utilize UG1tA laboratory services six or more times during a 12 month period and that make three consecutive monthly or bimonthly (every two months) payments provided they enter into a UGR.A billing and payment agreement. v. Customers approved by the General Manager or Assistant General Manager provided they enter into a UGRA billing and payment agreement. vi. Customers whose accounts are not in good standing upon payment of all unpaid balances, service charges, late fees and interest, and that otherwise qualify under this Policy. b. All bills shall be due when rendered and shall become delinquent if not paid within 30 days. A late charge of twelve percent (12%) of the amount of the bill shall be added for each monthly billing date the delinquent amount remains unpaid. If a bill remains unpaid for 90 days, UGRA shall discontinue laboratory services to the customer and may seek payment of all delinquent sums under any of the remedies described in Section 3 above. Laboratory services shall be restored to the customer only upon payment of all unpaid account balances, service charges, late fees and interest. Further, the customer shall be required to provide payment for services in advance until it qualifies to enter into a billing and payment agreement in accordance with the terms of this Policy. 2 UPPER GUADALUPE RIVER AUTHORITY BILLING AND PAYMENT AGREEMENT THIS BILLING AND PAYMENT AGREEMENT (the "Agreement") is made and entered by and between the Upper Guadalupe River Authority, a conservation and reclamation district created and operating as a special utility district under Article XVI, Sec. 59 of the Texas Constitution ("UGRA") and the following person or entity ("Customer"): Customer Name: Customer Phone Number: RECITALS: A. Customer has requested that UGRA provide laboratory analytical services for water samples to be furnished by Customer from time to time and in connection therewith, Customer has requested the opportunity to provide payment to UGRA for laboratory analytical services on a monthly basis, rather than at the time of submission of each water quality sample; and B. UGRA has agreed to bill and collect payment on a monthly basis for laboratory services rendered on behalf of Customer in accordance with the terms and conditions of this Agreement. AGREEMENT 1.01 Payment. Customer hereby requests that UGRA send a billing statement to Customer for payment for all laboratory services rendered by UGRA at Customer's request. All bills shall become due when rendered and shall become delinquent if not paid in full within 30 days of the date of the date of the billing statement. In the event Customer disputes a statement for any reason, it shall nevertheless provide payment in the full amount of the disputed billing statement. 1.02 Laboratory Fees and Charges. Customer acknowledges and agrees that UGRA may change its laboratory fees and charges at any time, and Customer agrees to provide payment of any and all charges rendered for laboratory services regardless of any such change. 1.03 Forms of Payment: Customer agrees to provide payment by one of the following: (i) in cash; (ii) by check; or (iii) by credit card charge (either in person or by phone). In the event payment is not honored by Customer's credit card company or bank for any reason, Customer agrees to provide payment plus a service charge assessed by UGRA equal to $25.00, in addition to any service charge of the bank or credit card company. 1.04 Late Payment. All payments for laboratory services shall be paid to UGRA in full on or before 30 days from the date of the billing statement. Payment must be received at UGRA's headquarters or bank by the due date in order not to be considered past due or late. In the event payment is not received by the due date, Customer shall then pay cone-time late payment charge often dollars ($10.00). In addition, Customer shall pay interest on the unpaid balance at the rate of twelve percent (12%) per annum. Such interest shall accrue monthly beginning 30 days after the date of the original unpaid statement. 1.05 Default. In the event that Customer fails to provide timely payment in accordance with the terms of this Agreement and a bill remains unpaid for 90 days, then said failure shall constitute a material breach of this Agreement. Under such circumstances, Customer may exercise any one or more of the following remedies: (i) immediately terminate this Agreement by providing written notice to Customer at the address of record held by UGRA, in which event the entire outstanding balance owed to UGRA will become immediately due and payable; (ii) discontinue laboratory services until all delinquent sums are paid in full; (iii) charge interest on the delinquent sum owed to the District by Customer in an amount equal to twelve (12%) or the maximum rate that may be lawfully charged under Texas law, whichever is less; and/or (iv) exercise any remedy available to the District at law or in equity. Customer further agrees to pay all costs of collection and reasonable attorney's fees incurred by UGRA, regardless of whether suit is filed. 1.06 Release and Hold Harmless. Customer agrees to hold harmless and release UGRA, its directors, employees, agents, and representatives for any costs, claims, damages, demands, and losses arising out of, or related to, any and all laboratory services rendered by UGRA. ~o ~rrE ~-rE,v~ ~-~co=.-~Ep ~ t~/ . 1.07 Miscellaneous. (a) This Agreement may not be modified, amended, or altered except by an agreement in writing signed by the District and Customer. This Agreement may be terminated by Customer by providing prior written notice of termination. Any payment obligations outstanding as of the date of termination shall survive termination. (b) If any covenant, provision, or agreement of this Agreement shall be held illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and that this Agreement shall otherwise continue in full force and effect. (c) This Agreement embodies the entire agreement between the parties, and supersedes all prior or contemporaneous agreements and understandings of the parties, if any, relating to the subject matter hereof. (d) The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives; provided, however, that neither party hereto may assign any rights, powers, duties or obligations hereunder without the prior written consent of the other party. . CUSTOMER: By:_ Print: Date: May 7, 2008 Guadalupe Basin Natural Resources Center 125 Lehmann Drive Ste. 100 Kerrville, Texas Dear Valued Customer: 78028.5908 (830) 896-5445 Please find enclosed a copy of two items recently approved by the UGRA Board Fax (830) 257-2621 of Directors: 1) UGRA Environmental Laboratory Services Payment Policy; and, E-mail: ugraadm~ugra.org 2) UGRA Billing and Payment Agreement form. In an effort to continue providing high quality, low cost service to you, we took measures to reduce losses from delinquent accounts. To this end, we ask that you complete and return the UGRA Billing and Payment Agreement form by May 31, 2008. All accounts that do not have an approved UGRA Billing and Payment Agreement form filed with us as of June 1, 2008, will be relegated to a "cash only" basis. We will not accept samples from customers without an approved UGRA Billing and Agreement form on file or without cash payment at the time of delivery. Know that we appreciate your business, and will work with you to continue offering exceptional customer service and quality testing. If you have any questions, please call Tammy Thompson, Assistant General Manager, at (830) 896-5445. As an additional courtesy, we will call your Accounting department to offer our assistance in making this transition as smooth as possible. Thank you in advance to your prompt attention to this matter. Sincerely, ~~ ~~ ~ r . Raymond L. Buck, Jr. General Manager RLB/tt UGRA ENVIRONMENTAL LABORATORY SERVICES PAYMENT POLICY Approved Apri123, 2008 Introduction UGRA owns and operates an environmental laboratory that provides a full range of analyses for trace-level contaminants under certifications for drinking water and the EPA's National Environmental Laboratory Accreditation Conference (NELAC). The laboratory provides comprehensive analytical capabilities and data to UGRA's customers and the community for the purposes of protecting human health and safety, and protection of the water quality. The purpose of this Policy is to specify the policies of UGRA with respect to payment for laboratory. services. Through implementation of this Policy, UGRA seeks to accomplish the following objectives: 1. To ensure that UGRA receives payment for the costs and expenses it incurs in providing laboratory services to its customers; 2. To offer customers with an established payment history the convenience of providing a single monthly payment for laboratory services; 3. To reduce accounts payables; and 4. To implement a consistent policy easily understood by staff and laboratory customers. Payment Policies 1. Payment Required- Payment must be made in full for all laboratory services provided by UGRA. The Board of Directors of UGRA shall establish, and amend from time to time, fees and charges for all laboratory services. 2. Manner of Payment- Except as provided below with respect to customers who have entered into a billing and payment agreement, all customers must pay in full with cash, personal check, money order, cashier's check, traveler's check, or credit card before samples are accepted for laboratory services. 3. Dishonored Payment- a. In the event payment is not honored by a customer's credit card company or bank, the customer will be responsible for payment of a $25.00 service charge assessed by UGRA, in addition to any service charges that the bank or credit card company may charge. b. In the event a customer fails to provide payment in full for all laboratory charges and service fees within 30 days after payment has been not honored by the customer's credit card company or bank, then UGRA shall discontinue any future laboratory services for the customer until payment is received in full and may initiate one or more of the following remedies for collection of payment: i. UGRA may forwazd the matter to a collection agency; ii. UGRA may forward the matter to local jurisdictions for prosecution; and/or iii. UGRA may initiate legal proceedings for collection of payment, in which event UGR.A will seek to recover interest thereon at the maximum legal rate and reasonable attorneys' fees. 4. Billing and Payment Agreements- a. The following customers shall be authorized to enter into a billing and payment agreement with UGRA pursuant to which UGRA shall send a bill to the customer for all laboratory services rendered during the preceding month: i. Customers with a Public Water Supply (PWS) ID that are in good standing as of the date of adoption of this Policy provided they enter into a UGRA billing and payment agreement. ii. Customers without a Public Water Supply (PWS} ID that are in good standing as of the date of adoption of this Policy provided they enter into a UGRA billing and payment agreement. iii. Customers with a Public Water Supply (PWS) ID that make three consecutive monthly payments provided they enter into a UGRA billing and payment agreement. iv. Customers without a Public Water Supply (PWS) ID that utilize UGRA laboratory services six or more times during a 12 month period and that make three consecutive monthly or bimonthly (every two months) payments provided they enter into a UGRA billing and payment agreement. v. Customers approved by the General Manager or Assistant General Manager provided they enter into a UGRA billing and payment agreement. vi. Customers whose accounts are not in good standing upon payment of all unpaid balances, service charges, late fees and interest, and that otherwise qualify under this Policy. b. All bills shall be due when rendered and shall become delinquent if not paid within 30 days. A late charge of twelve percent (12%) of the amount of the bill shall be added for each monthly billing date the delinquent amount remains unpaid. If a bill remains unpaid for 90 days, UGRA shall discontinue laboratory services to the customer and may seek payment of all delinquent sums under any of the remedies described in Section 3 above. Laboratory services shall be restored to the customer only upon payment of all unpaid account balances, service charges, late fees and interest. Further, the customer shall be required to provide payment for services in advance until it qualifies to enter into a billing and payment agreement in accordance with the terms of this Policy. 2 UPPER GUADALUPE RIVER AUTHORITY BILLING AND PAYMENT AGREEMENT THIS BILLING AND PAYMENT AGREEMENT (the "Agreement") is made and entered by and between the Upper Guadalupe River Authority, a conservation and reclamation district created and operating as a special utility district under Article XVI, Sec. 59 of the Texas Constitution ("UGRA") and the following person or entity ("Customer"): Customer Name: Customer Address: Phone Number: RECITALS: A. Customer has requested that UGRA provide laboratory analytical services for water samples to be furnished by Customer from time to time and in connection therewith, Customer has requested the opportunity to provide payment to UGRA for laboratory analytical services on a monthly basis, rather than at the time of submission of each water quality sample; and B. UGRA has agreed to bill and collect payment on a monthly basis for laboratory services rendered on behalf of Customer in accordance with the terms and conditions of this Agreement. AGREEMENT 1.01 Payment. Customer hereby requests that UGRA send a billing statement to Customer for payment for all laboratory services rendered by UGRA at Customer's request. All bills shall become due when rendered and shall become delinquent if not paid in full within 30 days of the date of the date of the billing statement. In the event Customer disputes a statement for any reason, it shall nevertheless provide payment in the full amount of the disputed billing statement. 1.02 LaboratorX Fees and Charges. Customer acknowledges and agrees that UGRA may change its laboratory fees and charges at any time, and Customer agrees to provide payment of any and all charges rendered for laboratory services regardless of any such change. 1.03 Forms of Pam ent: Customer agrees to provide payment by one of the following: (i) in cash; (ii) by check; or (iii) by credit card charge (either in person or by phone). In the event payment is not honored by Customer's credit card company or bank for any reason, Customer agrees to provide payment plus a service charge assessed by UGRA equal to $25.00, in addition to any service charge of the bank or credit card company. 1.04 Late Payment. All payments for laboratory services shall be paid to UGRA in full on or before 30 days from the date of the billing statement. Payment must be received at UGRA's headquarters or bank by the due date in order not to be considered past due or late. In the event payment is not received by the due date, Customer shall then pay aone-time late payment charge often dollars ($10.00). In addition, Customer shall pay interest on the unpaid balance at the rate of twelve percent (12%) per annum. Such interest shall accrue monthly beginning 30 days after the date of the original unpaid statement. 1.05 Default. In the event that Customer fails to provide timely payment in accordance with the terms of this Agreement and a bill remains unpaid for 90 days, then said failure shall constitute a material breach of this Agreement. Under such circumstances, Customer may exercise any one or more of the following remedies: (i) immediately terminate this Agreement by providing written notice to Customer at the address of record held by UGRA, in which event the entire outstanding balance owed to UGRA will become immediately due and payable; (ii) discontinue laboratory services until all delinquent sums are paid in full; (iii) charge interest on the delinquent sum owed to the District by Customer in an amount equal to twelve (12%) or the maximum rate that may be lawfully charged under Texas law, whichever is less; and/or (iv) exercise any remedy available to the District at law or in equity. Customer further agrees to pay all costs of collection and reasonable attorney's fees incurred by UGRA, regardless of whether suit is filed. 1.06 Release and Hold Harmless. Customer agrees to hold harmless and release UGRA, its directors, employees, agents, and representatives for any costs, claims, damages, demands, and losses arising out of, or related to, any and all laboratory services rendered by UGRA. -1o rr+E ~x7 ~-r ~ ~ coz~~ ~ t~.J 1.07 Miscellaneous. (a) This Agreement may not be modified, amended, or altered except by an agreement in writing signed by the District and Customer. This Agreement may be terminated by Customer by providing prior written notice of termination. Any payment obligations outstanding as of the date of termination shall survive termination. (b) If any covenant, provision, or agreement of this Agreement shall be held illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and that this Agreement shall otherwise continue in full force and effect. (c) This Agreement embodies the entire agreement between the parties, and supersedes all prior or contemporaneous agreements and understandings of the parties, if any, relating to the subject matter hereof. (d) The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives; provided, however, that neither party hereto may assign any rights, powers, duties or obligations hereunder without the prior written consent of the other party. . CUSTOMER: By:_ Print: Date: May 7, 2008 Guadalupe Basin Natural Resources Center ~ppY; 125 Lehmann Drive Ste. 100 Kerrville, Texas Dear Valued Customer: 78028-5908 (830) 896.5445 Please find enclosed a copy of two items recently approved by the UGRA Board Fax (830) 257-2621 of Directors: 1) UGRA Environmental Laboratory Services Payment Policy; and, E-mail: ugraadm® ugra.org 2) UGRA Billing and Payment Agreement form. In an effort to continue providing high quality, low cost service to you, we took measures to reduce losses from delinquent accounts. To this end, we ask that you complete and return the UGRA Billing and Payment Agreement form by May 31, 2008. All accounts that do not have an approved UGRA Billing and Payment Agreement form filed with us as of June 1, 2008, will be relegated to a "cash only" basis. We will not accept samples from customers without an approved UGRA Billing and Agreement form on file or without cash payment at the time of delivery. Know that we appreciate your business, and will work with you to continue offering exceptional customer service and quality testing. If you have any questions, please call Tammy Thompson, Assistant General Manager, at (830) 896-5445. As an additional courtesy, we will call your Accounting department to offer our assistance in making this transition as smooth as possible. Thank you in advance to your prompt attention to this matter. Sincerely, ~~ ~~ ~~ . Raymond L. Buck, Jr. General Manager RLB/tt UGRA ENVIRONMENTAL LABORATORY SERVICES PAYMENT POLICY Approved Apri123, 2008 Introduction UGRA owns and operates an environmental laboratory that provides a full range of analyses for trace-level contaminants under certifications for drinking water and the EPA's National Environmental Laboratory Accreditation Conference (NELAC). The laboratory provides comprehensive analytical capabilities and data to UGRA's customers and the community for the purposes of protecting human health and safety, and protection of the water quality. The purpose of this Policy is to specify the policies of UGRA with respect to payment for laboratory. services. Through implementation of this Policy, UGRA seeks to accomplish the following objectives: 1. To ensure that UGRA receives payment for the costs and expenses it incurs in providing laboratory services to its customers; 2. To offer customers with an established payment history the convenience of providing a single monthly payment for laboratory services; 3. To reduce accounts payables; and 4. To implement a consistent policy easily understood by staff and laboratory customers. Payment Policies Payment Required- Payment must be made in full for all laboratory services provided by UGRA. The Board of Directors of UGR.A shall establish, and amend from time to time, fees and charges for all laboratory services. 2. Manner of Payment- Except as provided below with respect to customers who have entered into a billing and payment agreement, all customers must pay in full with cash, personal check, money order, cashier's check, traveler's check, or credit card before samples are accepted for laboratory services. 3. Dishonored Pavment- a. In the event payment is not honored by a customer's credit card company or bank, the customer will be responsible for payment of a $25.00 service charge assessed by 'UGRA, in addition to any service charges that the bank or credit card company may charge. b. In the event a Customer fails to provide payment in full for all laboratory charges and service fees within 30 days after payment has been not honored by the customer's credit card company or bank, then UGRA shall discontinue any future laboratory services for the customer until payment is received in full and may initiate one or more of the following remedies for collection of payment: i. UGRA may forward the matter to a collection agency; ii. UGRA may forward the matter to local jurisdictions for prosecution; andlor iii. UGRA may initiate legal proceedings for collection of payment, in which event UGRA will seek to recover interest thereon at the maximum legal rate and reasonable attorneys' fees. 4. Billing and Payment Agreements- a. The following customers shall be authorized to enter into a billing and payment agreement with UGRA pursuant to which UGRA shall send a bill to the customer for all laboratory services rendered during the preceding month: i. Customers with a Public Water Supply (PWS) ID that are in good standing as of the date of adoption of this Policy provided they enter into a UGR.A billing and payment agreement. ii. Customers without a Public Water Supply (PWS) ID that are in good standing as of the date of adoption of this Policy provided they enter into a UGRA billing and payment agreement. iii. Customers with a Public Water Supply (PWS) ID that make three consecutive monthly payments provided they enter into a UGR.A billing and payment agreement. iv. Customers without a Public Water Supply (PWS} ID that utilize UGR.A laboratory services six or more times during a 12 month period and that make three consecutive monthly or bimonthly (every two months) payments provided they enter into a UGRA billing and payment agreement. v. Customers approved by the General Manager or Assistant General Manager provided they enter into a UGRA billing and payment agreement. vi. Customers whose accounts are not in good standing upon payment of all unpaid balances, service charges, late fees and interest, and that otherwise qualify under this Policy. b. All bills shall be due when rendered and shall become delinquent if not paid within 30 days. A late charge of twelve percent (12%) of the amount of the bill shall be added for each monthly billing date the delinquent amount remains unpaid. If a bill remains unpaid for 90 days, UGRA shall discontinue laboratory services to the customer and may seek payment of all delinquent sums under any of the remedies described in Section 3 above. Laboratory services shall be restored to the customer only upon payment of all unpaid account balances, service charges, late fees and interest. Further, the customer shall be required to provide payment for services in advance until it qualifies to enter into a billing and payment agreement in accordance with the terms of this Policy. 2 . ,~; __.__ UPPER GUADALUPE RIVER AUTHORITY BILLING AND PAYMENT AGREEMENT THIS BILLING AND PAYMENT AGREEMENT (the "Agreement") is made and entered by and between the Upper Guadalupe River Authority, a conservation and reclamation district created and operating as a special utility district under Article XVI, Sec. 59 of the Texas Constitution ("UGRA") and the following person or entity ("Customer"): ~j~ --// -- // Customer Name: (.~Ok~ i.~-0!l/7J ~~ K~G~ ~~ ~/Q ~ ~~D ~~ ~. ~'~ -/off . ~ fit ~lot~~~« Customer Address: LP/~~V~ l ~~ . Phone Number: ~~~ ~ y~ ' ~! ~ Z D RECITALS: A. Customer has requested that UGRA provide laboratory analytical services for water samples to be famished by Customer from time to time and in connection therewith, Customer has requested the opportunity to provide payment to UGRA for laboratory analytical services on a monthly basis, rather than at the time of submission of each water quality sample; and B. UGRA has agreed to bill and collect payment on a monthly basis for laboratory services rendered on behalf of Customer in accordance with the terms and conditions of this Agreement. AGREEMENT 1.01 Payment. Customer hereby requests that UGRA send a billing statement to Customer for payment for all laboratory services rendered by UGRA at Customer's request. All bills shall become due when rendered and shall become delinquent if not paid in full within 30 days of the date of the date of the billing statement. In the event Customer disputes a statement for any reason, it shall nevertheless provide payment in the full amount of the disputed billing statement. 1.02 Laboratory Fees and Char¢es. Customer acknowledges and agrees that UGRA may change its laboratory fees and charges at any time, and Customer agrees to provide payment of any and all charges rendered for laboratory services regardless of any such change. 1.03 Forms of Payment: Customer agrees to provide payment by one of the following: (i) in cash; (ii) by check; or (iii) by credit card charge (either in person or by phone). In the event payment is not honored by Customer's credit card company or bank for any reason, Customer agrees to provide payment plus a service charge assessed by UGRA equal to $25.00, in addition to any service charge of the bank or credit card company. 1.04 Late Payment. All payments for laboratory services shall be paid to UGRA in full on or before 30 days from the date of the billing statement. Payment must be received at UGRA's headquarters or bank by the due date in order not to be considered past due or late. In the event payment is not received by the due date, Customer shall then pay aone-time late payment charge often dollars ($10.00). In addition, Customer shall pay interest on the unpaid balance at the rate of twelve percent (12%) per annum. Such interest shall accrue monthly beginning 30 days after the date of the original unpaid statement. 1.05 Default. In the event that Customer fails to provide timely payment in accordance with the terms of this Agreement and a bill remains unpaid for 90 days, then said failure shall constitute a material breach of this Agreement. Under such circumstances, Customer may exercise any one or more of the following remedies: (i) immediately terminate this Agreement by providing written notice to Customer at the address of record held by UGRA, in which event the entire outstanding balance owed to UGRA will become immediately due and payable; (ii) discontinue laboratory services until all delinquent sums are paid in full; (iii) charge interest on the delinquent sum owed to the District by Customer in an amount equal to twelve (12%) or the maximum rate that may be lawfully charged under Texas law, whichever is less; and/or (iv) exercise any remedy available to the District at law or in equity. Customer further agrees to pay all costs of collection and reasonable attorney's fees incurred by UGRA, regardless of whether suit is filed. 1.06 Release and Hold Harmless. Customer agrees to hold harmless and release UGRA, its directors, employees, agents, and representatives for any costs, claims, damages, demands, and losses arising out of, or related to, any and all laboratory services rendered by UGRA. ~o ~~ Ex-i ~7 ~~ cau~En ~ ciao . 1.07 Miscellaneous. (a) This Agreement may not be modified, amended, or altered except by an agreement in writing signed by the District and Customer. This Agreement may be terminated by Customer by providing prior written notice of termination. Any payment obligations outstanding as of the date of termination shall survive termination. (b) If any covenant, provision, or agreement of this Agreement shall be held illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and that this Agreement shall otherwise continue in full force and effect. (c) This Agreement embodies the entire agreement between the parties, and supersedes all prior or contemporaneous agreements and understandings of the parties, if any, relating to the subject matter hereof. (d) The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives; provided, however, that neither party hereto may assign any rights, powers, duties or obligations hereunder without the prior written consent of the other party. . ~ ~,~ ~, ~~.g 2C~~. i2~CTD~ By: Print: Date: