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HomeMy WebLinkAbout1997-11-05 Agenda Packet - Board ............... . Truckee Donner Public Utility District Board of Direvors Joseph R.Aguera 1 J. Ronald Hen 916) 587-3896 g 10 k Robert A.Jones 0)6 FAX (916) 587-1189 James A, Maass Patricia S. Sutton REGULAR MEETING General Manager Peter L. Hoizmeister 7:00 PM, Wednesday, November 5, 1997 TDPUD Board Room AGENDA 1. Call to order 2. Roll call 3. Public Input - 7:00 PM (or as soon thereafter as possible)This is time set aside for the public to address the Board on any matter not on the agenda. Testimony related to any agendized matter should be addressed at the time that item is considered ACTION ITEMS 4. Consideration of a resolution adopting a policy regarding customer choice • 5. Presentation of the draft 1998 District budget 6. Consideration of a policy authorizing District staff to enter into contracts establishing the price of power purchased from Idaho Power Company 7. Consideration of a policy implementing the Federal Department of Transportation mandated drug and alcohol testing program 8. Consideration of engineering contracts for the following projects: a) Relocation of water system facilities associated with construction of the Highway 267 Bypass 9. Consideration of a resolution declaring electric meters surplus and authorizing staff to dispose of them in accordance with District policy 10. Consideration of a resolution accepting the painting of the District headquarters building and authorizing the filing a notice of completion 11. Consideration of continuing the action regarding emergency repair of the Tahoe Donner substation transformer 12. Consideration of a resolution authorizing Nevada County to collect the District water and electric standby charges Continued- Post Office Box 309 11570 Donner Pass Road Truckee, California 96160 . . ............ ..... ...............- ROUTINE BUSINESS 13. Consideration of minutes of October 1 and 15, 1997,possible action 14. Monthly treasurer's report: a) Acceptance and approval of monthly report b) Approval of disbursements ADJOURNMENT NOTE: The complete packet of material relating to the agenda is available for review at the PUD office and at the Truckee Library Posted mailed on October 3 , 997 Susan M. Craig, Deputy District Clerk 48 REGULAR MEETING November 5, 1997 In accordance with District Code Section 2.08.010 the TDPUD minutes are action oni minutes. All Board meetings are recorded on audio tapes which are preserved per etuall and made available for listening to any interested paLty won their request The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order at 7:07 PM in the TDPUD Board Room by President Hemig, ROLL CALL. Directors Joe Aguera, Ron Hemig, Bob Jones, James Maass and Patricia Sutton were present. EMPLOYEES PRESENT: Susan Craig, Steve Hollabaugh, Peter Holzmeister, Kathy Neus, Ed Taylor CONSULTANTS PRESENT. Engineering Consultant Keith Sauers,Attorneys Christina Bark and Steve Gross. OTHERS PRESENT.' There were no others present. PUBLIC INPUT.' Directors mentioned advertisements and commercials they have seen recently placed by energy providers in the newspapers and on television. CONSIDERATION OF A RESOLUTION ADOPTING A POLICY REGARDING CUSTOMER CHOICE At the last Board workshop a policy stating the District's position on customer choice under AB 1890 was discussed Under the new law, the electric industry in California was deregulated and the customers of investor owned utilities will be given the opportunity to choose their electric generation provider. It does not require customer owned utilities such as the District to offer that same choice; that is left to local policy. A draft policy regarding customer choice of an electric generation provider was presented and reviewed. It was noted that the District has had no increase in electric rates since 1986 and the current residential rate per kilowatt hour is 6.81 cents. The TDPUD is currently among the utilities offering the lowest rates in the state. It was agreed that these facts should be included in the resolution being considered. Director Maass moved, and Director Jones seconded, that the Board adopt Resolution No. 9719 adopting policy regarding customer choice. ROLL CALL: all Directors, aye. SO RESOLVED. PRESENTATION OF THE DRAFT 1998 DISTRICT BUDGET Manager Holzmeister presented copies of the draft 1998 budget and noted that it does not recommend a water rate increase for 1998 and proposes an electric rate decrease in the form of customer credits. The budget includes funds for continued appearances before the Federal Energy Regulation Commission, some transmission contingencies and also money to complete the meter 1115/97 Page 1 conversion; $600,000 needed in 1998 probably won't be needed in the future. So maybe in 1999 there can be even further rate reductions. This budget also includes some large capital improvements created by town, CalTrans and Southwest Gas projects. Staff will give an analysis of Water Department debt and will go over the budget in detail at the next workshop meeting. CONSIDERATION OF A POLICY AUTHORIZING DISTRICT STAFF TO ENTER INTO CONTRACTS ESTABLISHING THE PRICE OF POWER PURCHASED FROM IDAHO POWER COMPANY Director Sutton disqualified herself with respect to this item and left the room. Mr. Holzmeister noted that the Board discussed opportunities available to the District to manage the price risk that is inherent in purchasing power on the Mid-Columbia Index. The District has the opportunity to work the market in such a way as to obtain the lowest price for power purchased. It does require, however, that there be a method in place to quickly secure quotes and lock in a price. The Board reviewed a draft policy and, thereafter, Director Jones moved that the Board adopt Resolution 9720 adopting policy authorizing District staff to enter into contracts establishing the price of power purchased from Idaho Power Company. Director Maass seconded the motion. ROLL CALL: Aguera, Jones, Maass and Hemig, aye; Sutton, abstained. SO RESOLVED. Director Sutton returned to the Board room. CONSIDERATION OF A POLICY IMPLEMENTING THE FEDERAL DEPARTMENT OF TRANSPORTATION MANDATED DRUG AND ALCOHOL TESTING PROGRAM The Board reviewed the draft policy implementing the Federal Department of Transportation mandated drug and alcohol testing program. It fulfills the minimum procedures necessary to comply with the federal mandate and applies only to those employees who are required, as a condition in their job description, to drive trucks with a gross weight over 26,001 pounds. Director Jones moved, and Director Maass seconded, that the Board adopt the policy implementing the Federal Department of Transportation mandated drug and alcohol testing program. ROLL CALL: all Directors, aye. SO MOVED. CONSIDERATION OF ENGINEERING CONTRACTS FOR THE FOLLOWING PROJECT - RELOCATION OF WATER SYSTEM FACILITIES ASSOCIATED WITH CONSTRUCTION OF THE HIGHWAY 267 BYPASS The engineering proposal being considered is for services regarding a utility agreement with CalTrans required for the relocation of the water mains necessitated by the construction of the Highway 267 Bypass project. The agreement will spell out which agency is responsible for design, construction and right of way for the relocation of the District's water mains. Water Superintendent Taylor noted that there is a question as to which agency will be responsible for the relocation cost of the water pipelines. If the District can establish superior rights for the locations in question, then the cost of the engineering services agreement will be eligible for reimbursement from CalTrans. After discussion, Director Maass moved, and Director Aguera seconded, that the Board approve the engineering services agreement with Sauers Engineering, Inc. for service regarding the Highway 267 Bypass Pipeline Relocation Utility Agreement in the amount of$8,b00 as defined in Sauers'proposal dated October 27, 199T ROLL CALL: all Directors, aye. SO MOVED, 11f5I97 Page 2 .. .................... CONSIDERATION OF A RESOLUTION DECLARING ELECTRIC METERS SURPLUS AND AUTHORIZING STAFF TO DISPOSE OF THEM IN ACCORDANCE WITH DISTRICT POLICY The District is converting its electric meter reading to an automated technology. As a result, there are several hundred surplus meters and related materials. Staff is asking the Board to declare these items surplus and authorize staff to sell them through the bid process and, as the same situation is likely to occur at least twice during 1998, to grant authority to sell those materials as they build up in the warehouse. Director Maass moved, and Director Aguera seconded, that the Board adopt Resolution No. 9721 declaring meters surplus and issuing a call for bids. ROLL CALL: all Directors, aye. SO RESOLVED. CONSIDERATION OF A RESOLUTION ACCEPTING THE PAINTING OF THE DISTRICT HEADQUARTERS BUILDING AND AUTHORIZING THE FILING A NOTICE OF COMPLETION After brief discussion, Director Maass moved! and Director Jones seconded, that the Board adopt Resolution No. 9722 accepting the District complex painting project and authorizing the filing of a notice of completion. ROLL CALL: all Directors, aye. SO RESOLVED. CONSIDERATION OF CONTINUING THE ACTION REGARDING EMERGENCY REPAIR OF THE TAHOE DONNER SUBSTATION TRANSFORMER Director Maass moved that the Board continue the emergency action for the Tahoe Donner substation transformer. Director Aguera seconded the motion. All Directors, aye, by voice vote. SO MOVED, CONSIDERATION OF A RESOLUTION AUTHORIZING NEVADA COUNTY TO COLLECT THE DISTRICT WATER AND ELECTRIC STANDBY CHARGES Each year Nevada County collects the District's water and electric standby charges by placing them on the tax bill. They are asking the District to enter into a standard form tax collection services contract whereby the District agrees to pay their administrative fee. DirectorAguera moved, and Director Maass seconded that the Board adopt Resolution No. 9723 authorizing execution of a standard form tax collection services contract on behalf of the District. ROLL CALL: all Directors, aye. SO RESOLVED. CONSIDERATION OF MINUTES OF OCTOBER 1 AND 15, 1997; POSSIBLE ACTION Director Jones moved, and Director Maass seconded, that the Board approve the minutes of October 1 and 15, 1997 as presented. ROLL CALL: all Directors, aye. SO MOVED. MONTHLY TREASURER'S REPORT - ACCEPTANCE AND APPROVAL OF MONTHLY REPORT Director Maass moved, and Director Jones seconded, that the Board accept and approve the monthly Treasurer's report. ROLL CALL: all Directors, aye. SO MOVED. Director Maass moved that the Board approve the disbursements; seconded by Director Jones. 11/5f97 Page 3 ROLL CALL:Aguera, Jones, Maass and Nemig, aye; Sutton, no. SO MOVED. ADJOURNMENT There being no further business before the Board, Director Jones moved that the meeting be adjourned at 8:54 pm; seconded by Director Maass. All Directors, aye, by voice vote. SO MOVED. TRUCKEE DONNER PUBLIC UTILITY"DISTRICT Ja ,6s A. Maass, Presi ent Prepared d Susan M. Craig, eputy District Clerk smC 11/5197 Page 4 RESOLUTION NO. 9719 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ADOPTING POLICY REGARDING CUSTOMER CHOICE OF AN ELECTRIC GENERATION PROVIDER WHEREAS, Truckee Donner Public Utility District was formed by the voters of the Truckee community in 1927 to provide them with reliable electric energy; and WHEREAS, since that time, the District has faithfully met the electric energy needs of the community by aggregating the individual electric power loads of its customers and entering into contracts for the purchase of wholesale power to meet those aggregated loads, and WHEREAS, the District is among the utilities offering the lowest rates in the state of California, 6.81 cents per kilowatt hour, and has had no general electric rate increase since 1986; and WHEREAS, AB1890, enacted by the California legislature and signed into law by the Governor, seeks to deregulate the generation portion of the electric utility industry in California; and WHEREAS the goal of AB 1890 is to promote improved efficiency in the use of generation assets thereby lowering electric rates paid by the end-use customer, and WHEREAS AB1890 provides that customers of investor owned utilities in California may choose direct access for the provision of electric generation services through an independent system operator and power exchange to be created in California; and WHEREAS this District believes that customer choice may, if properly implemented, provide the customers of Truckee Donner PUD with an opportunity to evaluate multiple alternatives for the provision of their electric generation services; and WHEREAS this District further believes that the benefits anticipated to be available to customers through AB1890 may be difficult to realize for certain types of electric customers and that some customers of this District could be placed at a significant disadvantage if implementation is not handled properly; and WHEREAS a central value in making AB1890 work is that there be a level playing field upon which all parties participate fairly; and WHEREAS this District believes that the institutions, technologies and management systems are not yet in place which allow customer choice to be properly implemented; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the Truckee Donner Public Utility District favors providing its customers with choice regarding access to electric generating services. 2. That It is the intent of the District to provide customer choice at the earliest ... ................................. time practicable, subject to certain conditions being met. 3. That the conditions that need to be met prior to this District offering customer choice are- a) The District must achieve open access to Network Integration Transmission Service on the Sierra Pacific Power Company transmission system, this being one essential service to being able to bring generation service to Truckee from alternate generation providers. b) Other electric utility companies in California must implement customer choice within their service territories in a manner consistent with the intent and letter of AB1890 in order to have a level playing field upon which all of us will operate. c) The TDPUD must acquire and implement a customer billing and information system to handle the more complex billing arrangements resulting from customer choice. d) The California Independent System Operator and Power Exchange must be operational and a method of handling power scheduling and dispatch into Truckee must be established. e) The issues relating to metering must be resolved and the associated technologies, if any, must be operational. 4. The District will, no less often than annually, evaluate deregulation and customer choice practices as they develop in California and will determine which practices will work best for customers of this District, based on the unique load characteristics of our customers and the market practices that develop, and will proceed with customer choice accordingly. 5. The District Board of Directors will review the status of these precedent conditions at least annually and a decision regarding implementation of customer choice will be made accordingly and at the earliest time practicable. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the fifth day of November 1997 by the following roll call vote: AYES: Aguera, Jones, Maass, Sutton and Hemig. NOES: None. ABSENT.- None. TRUC E DONNER PUBLIC UTILITY DISTRICT By Peter L. H melste , Clerk of the Board ATT e / Su an M. Craig, Deputy Distri4Clerk .. ................................. ESOLU IOW [ T�� f TR�UCKE DONNER PUBLI UTILITY ISTRICT ADOPTING PCLICYAUTHORIZ'INO DIS 'RICT STA�FP To ENTER INTO CONTRACTS ESTABLISHING THE PRICE OP POWER PURCHASED FR. 0 V.IDAH© POWER COMPANY WHEREAS, the District has entered into a three year contract with Idaho Power Company for the purchase of wholesale power and energy; and WHEREAS, said contract provides that the price paid by the District to Idaho Power Company for said power and energy shall be tied to the Mid-Columbia Index; and WHEREAS, the purchase of power and energy on an index places a price risk on the District; and WHEREAS, the District can manage its price risk by purchasing financial instruments and or physical instruments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS THAT.' 1. The Power Supply Engineer of the District, in consultation with staff of Northern California Power Agency and with the approval of the District General Manager, is authorized to execute financial and or physical contracts which manage the price risk of the power and energy purchased from Idaho Power Company subject to the following terms and conditions. 2. In entering into a said contract the following procedures shall be observed- a) There shall be established a list of pre-approved firms offering financial risk management services within the electric industry, which list shall be submitted to the Board of Directors for approval, and may be amended from time to time. b) A minimum of two telephone quotes shall be secured from firms on the pre-approved list, which quotes shall be recorded on the transaction memorandum which shall be prepared to document the actions leading up to purchase of the contract. c) The Power Supply Engineer shall consult with the appropriate staff of the Northern California Power Agency regarding the desirability to seek quotes, and shall again so consult after receipt of the two quotes. These consultations shall be documented in the transaction memorandum. d) In no event shall any single contract entered into under authority of this policy extend for a period of greater than three months. e) Prior to executing the contract, the Power Supply Engineer shall submit his recommendation to the General Manager of the District. ................................................... . After securing approval from the General Manager, the Power Supply Engineer is authorized to execute the contract. f) The Power Supply Engineer shall inform the Board of Directors of any executed transaction by providing a copy of the transaction memorandum as part of the next monthly staff report. PASSED AND ADOPTED by the Beard of Directors at a meeting duly called and held within the District on the fifth day of November 1997 by the following roll call vote: AYES: Aguera, Jones, Maass and Nemig. NOES: None. ABSTAIN: Sutton. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By PYL. meisfer, CI rk of the Board A Susan M. Craig, Deputy District C k 5mC f OL UTION C)4 aF T '` TRU K�►EL LAC?► NER PUBLI UTILITY DISTRICT C?ECLARING METERS'SURPL�US' AND ISSUING A CALL FOR'�31©S WHEREAS, the District began replacing residential meters with new technology meters in 1996 and will continue this change-out for the next several years; and WHEREAS, as a result of this meter change-out program there will be continuing quantities of unused meters and other related materials; and WHEREAS, staff has determined that this equipment is no longer required for any purpose by the District; NOW THEREFORE'BE IT RESOLVED by the Board of Directors of the District as follows: 1. That the equipment described in the attached schedule as well as other meters changed-out over the next several years be declared surplus. 2. That the General Manager of the District be authorized to advertise and sell the . items in "as is"condition in accordance with District Code Section 8.20.010. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the fifth day of November 1997 by the following roll call vote: AYES: Aguera, Jones, Maass, Sutton and Hemig. NOES: None. ABSENT. None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Peter L. Ho eister Clerk of the Board ATTE Susan M. Craig, Deputy District Cie smc SURPLUS METERS AND RELATED MATERIALS November 1997 2100 !METERS OF VARIOUS MANUFACTURE 93 ADAPTERS 800 MORLOCK LOCKING RINGS WITH INSERTS f�ESOLUT1O1 ► O. 9722 OF THE TCDER P #3 . C77LlTY' fCTRICT ACCEPTING THE DISTRICT COMPLEX.PAINTINO PROJECT A1ND AUTHORIZIN THE =rC. NG of A NOTICE.CIF C�31�1P�ErrQN WHEREAS, the Board of Directors of the Truckee Donner Public Utility District made the determination to repaint the exterior of the headquarters building; and WHEREAS, the Contract was awarded to Jerry Pomponio Painting & Decorating of Truckee, California and the contractor entered into an agreement with the District to perform the work, and WHEREAS, the District's Support Services Manager, has recommended that the work be accepted by the District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the District hereby accepts the District complex painting project as complete. i2. That the Clerk of the District be directed to file with the County of Nevada the Notice of Completion, a copy of which is attached hereto. 3. That 35 days following completion of the project, the 10% retained from the contractor payments be released to the contractor if no claims have been made to the District by material suppliers or laborers. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting duly called and held within said District on the November 5, 1997 by the following roll call vote: AYES: Aguera, Jones, Maass, Sutton and Hemig. NOES: None. ABSENT., None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Peter L. Ho1 e' t r, erk/Ex offrcio Secretary ATTE Susan M. Craig, Deputy District Ork smc RECORDING REQUESTED BY: Truckee Donner Public Utility District WHEN RECORDED, RETURN TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee, CA 96160 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the name and address of the public entity for whom the improvement project was done, as owner thereof, is the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, Post Office Box 309, Truckee, CA 96169, 2. That on November 5, 1997 the hereinafter described improvements were accepted as complete pursuant to a resolution of the Truckee Donner Public Utility District, the awarding authority. 3. That the subject improvements of the Notice are generally described and identified as follows: the District complex painting project, 4. That the name and address of the contractor for such project was: Jerry Pomponio Painting & Decorating, Truckee, California. Dated: /4m� ,, /y ,� TRUCKEE DONNER PUBLIC UTILITY DISTRICT By - Peter L. olzm inter, General Manager STATE OF CALIFORNIA CO�F NEVADA Q before me, Susan M.Craig, personally appeared PETER L. HOLZMISTER, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person or the entity upon behalf of which the person acted,executed the instrument. Capacity c€ai d by signer: Corporate officer-Clerk/Ex-officio Secretary of the Truckee Donner Public Utility District. Witness hand d offic' seal. Susan M. Craig S' � ~ .CAiG � 47474 Cc€:orr,ic i9,zoo I TRUCKED DON E1� PUBLIC UTILITY DIS1��"I T A'UTHORIZIN'G EXECUTION of A STANDARD FORM TAX COLLECTION sEI VICES CONTf�ACT aN BEHALF.OF TIDE DISTRICT BE IT RESOLVED by the Board of Directors of the District as follows: 1. That the General Manager of the .District is hereby authorized to execute, on behalf of the District, a Standard Form Tax Collection Services Contract between the District and the County of Nevada authorizing the County to collect special assessments on a continuing basis. This contract defines the terms for the collection of special taxes, special assessments, andlor parcel changes, by the County of Nevada, at the same time and in the same manner as secured real property taxes are collected. 2. That the District recognizes its responsibility to comply with Proposition 218 for all collection items submitted to the County of Nevada under this agreement. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the fifth day of November 1997 by the following roll call vote: AYES: Aguera, Jones, Maass, Sutton and Hemig. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Peter L. N ►zmeis er, ClLyrk of the Board ATT T: Susan M. Craig, Deputy Dis t Clerk smc 3 . STANDARD FORM TAX COLLECTION SERVICES CONTRACT COUNTY OF NEVADA THIS AGREEMENT is made and entered into this day of Sag 1997 by and between the Truckee Donner Public Utility District hereinafter referred to as "District" and COUNTY OF NEVA.DA, hereinafter referred to as "County1f. "" + ' RECI l A LJS: WHEREAS, the parties desire to enter into an agreement whereby special taxes, special assessments and/or parcel charges will be collected by the County at the same time and in the same manner as County secured real property taxes are collected; and "WHEREAS, Govern rent Code Section 29142 permits the Board of Supervisors to establish a fee for su-3h se—�Ac;= wbi,.h f-e, v:. en .oliAu , shal' beloag to the County and shall be deposited in the County's general fund to cover the expense and compensation of such officials of the County; and WHEREAS, Goverm-nent Code Section 29304 provides that whenever any special assessment or special assessment taxes are levied upon land or real property by any district and the same are to be collected by the County, there shall be added to the amount of the special assessment or special assessment tax an amount fxed by Board of Supervisors' Resolution for each special assessment or special assessment tax to be collected. An equal part of such charge shall be collected with each installment of such special assessment or special assessment tax and shall be deducted by the Co my offiicvr collecting the tax and by that officer be paid into the general fund of the County; WHEREAS, County has established a Special Assessment Fund (Fund 312) to account for the billing and collection of tax assessments for services for all districts prior to the transfer to the County's general fund; and WHEREAS, District desires to retain County to provide the following services: PLACEMENT OF SPECIAL TAXES, SPECIAL ASSESSMENTS OR PARCEL CHARGES ON THE COUNTY SECURED TAX ROLLS TO ENABLE THE _ AUDITOR TO BILL AND THE TAX COLLECTOR TO COLLECT THEM AND AT DI TO D 'n DTQ i'i i TE T : ; taii4 WHEREAS, County is agreeable to render the aforesaid services. NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by District, the parties agree to the following: I. SCOPE OF SERVICES: County agrees to provide the following services: A. At District's specific request and as provided by District, add all eligible special parcel charges, special assessments or special taxes to the secured property tax rolls and include them on the tax bills; B. Collect all special parcel charges, special assessments or special taxes in the same manner taxcol.agr - 1 - 4/07/97 l as the secured real property taxes are collected; C. Apportion all special parcel charges, special assessments or special taxes according to law; D. County will not collect such special parcel charges, special assessments or special taxes on property which is not otherwise appearing on the County's assessment roll, including, but not limited to property which is held in the name of a city, district or other governmental agency; E. At District's specific request, a report of all special charges being added to the roll by parcel number and tax area code; F. At District's specific request, a report by tax area code noting parcel charge by type code (improved, unimproved, etc.); G. At District's specific request, a charge and paid report following first installment and second insto-llrient billin s by parcels within pay--picot code. 2. DISTRICT FURNISHED INFORMATION: The District agrees to- A- Provide District resolution requesting placement on the County tax rolls on an annual basis; B. Provide parcel charge data in a format acceptable to the County and the County's computer system no later than August 15th of each year. Correct any errors in parcel charges data not acceptable to County's computer system. 3. REMOVAL FROM TAX ROLL At District's request, taxes or assessments placed on the tax rolls may be removed from the delinquent roll at any time. Once they are removed from the roll, the same taxes or assessments may not be reinstated to the tax rolls. 4. FEES: The fees for furnishing services under this Contract shaU be based on Resolutions of the Nevada County Board of Sup- ni5ors .",siavii&iliicg t.ie iuiCiii i,es "which arC adopted from time to time. The fees in place at the time the Board of Supervisors adopts its Resolution authorizing the collection of the parcel charges, special assessments or special taxes shall be the applicable fees for that fiscal year. A public hearing shall be held prior to changing the fees. 5. PAYMENT: The fees for services under this Contract shall be invoiced annually. County may deduct the fee from the District's funds if invoice is not paid when due. Fees will, be deposited in the Special Assessment Fund (Fund 3120004000 45010). 5. CONTRACT PERFORMANCE TIME: All the special taxes, special assessments and/or parcel charges shall be placed on the tax roll in time for inclusion on the next fiscal year's tax bills so long as the proper documents are provided by District on or before August 15th of the current year. taxcol.agr - - 4/07/97 7. TIME OF AGREEMENT: This Agreement shall commence on July 1, 1997 and shall continue in effect until terminated by either party pursuant to paragraph 8 below. 8. TERMINATION: A. If the District fails to provide in any manner the information or documentation required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the County may terminate this Contract by giving five (5) calendar days written notice to the party involved. B. Until the taxes or assessments are placed on the tax rolls, either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the surer parties. 1`Ictice of terriunation shall be by written notice to the other party. 9. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performances of the services herein, both parties shall act in an independent capacity and as independent contractors and not as officers, employees or agents of the other party. 10. AMENDMENT: . This Contract may be amended or modified only by written agreement of all parties. 11, JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Nevada County, California. 12. IINDaEMNWICATION: District agrees to indemnify, defend, and hold County harmless from any and all liabilities which it may incur as a consequence of this Contract and from any and all claims and/or losses to anyone who may b- injured or darnaged by reason cf CCsi3itty;5 perfOi7nirlCe Of this Contract. Ln3S indemnification shall apply, at a minimum, to any claim or suit to determine the legality of the tax or assessment, to the accuracy of information provided by the District and any legal procedures employed by the Tax Collector in collection of the taxes or assessments. 13. NOTTCES: Notices shall be given to County at the following location: Auditor-Controller County of Nevada 950 Maidu Avenue Nevada City, California 95959 Notices shall be given to District at the following address: taxcol.agr a 3 _ 4107197 Truckee Donner Public Utilit,, District P a _i ruckee_ CA 96160 IN WITNESS WBEREOF, the parties hereunto have executed this Contract on the date first above written. COUNTY OF NEVADA: ATTEST: CATHY R. THOMPSON By: Clerk of the Board Chairman, Board of Supervisors of Supecors By: APPROVED AS TO FORM: COUNTY COUNSEL By DISTRICT: Truckee Donner Public Utility District ATTEST: By: Naive: Peter L. Hol zmeister Title: General, 'Manager taxcol.agr -4 _ 4/07/97