Agenda - Council - 02/12/2008 - Laserfiche WebLink

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MUTUAL RELEASE This Release ("Release") is made and entered into this day of February, 2008 and is by and between Connexus Energy, formerly known as Anoka Electric Cooperative, 14601 Ramsey Blvd., Ramsey, Minnesota 55303 ("Connexus") and the City of Ramsey, a Minnesota municipal corporation, 7550 Sunwood Drive, NW, Ramsey, Minnesota 55303 (the "City"). WHEREAS, Connexus has provided City with utility billing services since 1993, and on October 13, 1999, the parties entered into written agreement whereby Connexus was to perform certain billing services for the City's utility customers/residents (the "Billing Services Agreement") which has been renewed annually since 2003; and WHEREAS, the City has alleged that Connexus has not satisfactorily performed its billing services required by the Billing Services Agreement specifically relating to certain under billing of the City's utility customers; and WHEREAS, Connexus has alleged that it has properly performed its service responsibilities required by the Billing Services Agreement; and WHEREAS, the Billing Services Agreement automatically renews annually on April 1 unless cancelled by either party with 60 days written notice; and WHEREAS, the City has given the required 60 days written notice to avoid renewal on April 1, 2008 and thereby terminate the Billing Services Agreement. WHEREAS, the Billing Services Agreement includes a provision regarding "Transfer of Records" which provides that upon termination Connexus will make available to City, at the expense of Connexus, records and data to enable the City to perform the billing and collection services, and Connexus has the option to provide such records and data in hard copies; and WHEREAS, in order to reduce costs of its new billing services contractor and to expedite billing following termination of the Billing Services Agreement, City prefers to obtain the Transfer of Records data in electronic form which Connexus estimates will cost $11,210. -106-