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related to the Carrizo Facilities. The City and GBRA will also submit annual <br />audited financial statements of the Plant and the Raw Water Delivery System to the <br />Management Committee by December 1. <br />All books and records pertaining to this Agreement shall be open and <br />available for copying, inspection, and audit by the City and GBRA. Appropriate <br />retention schedules that comply with state laws shall be agreed upon by both <br />Parties. <br />9. Section 23, Payments for Water Treatment and Delivery, is hereby amended to read <br />as follows: <br />Section 23. Payments for Water Treatment and Delivery. <br />(1) O&M Rate Charge. The City shall annually establish a rate in <br />accordance with accepted rate malting practices to be charged to and paid by GBRA <br />for the treatment and delivery of treated surface water, if any, to GBRA at the Point <br />of Delivery (the "Operation and Maintenance Rate" or "O&M Rate"). The O&M <br />Rate set by the City each year shall be a function of the total Net Plant Operating <br />and Maintenance Costs estimated to be incurred and total treated surface water <br />estimated to be delivered during the next City fiscal year. The annual O&M Rate <br />shall be set by the City on or before the last day of July preceding the fiscal year to <br />which it shall apply. The O&M Rate shall be calculated by dividing the total Net <br />Plant Operating and Maintenance Costs estimated to be incurred by the total treated <br />surface water estimated to be delivered by the Plant, in thousands (1,000) of <br />gallons, during the next City fiscal year. The O&M Rate will then be assessed each <br />month during the applicable fiscal year against every thousand gallons of treated <br />surface water delivered to GBRA during the month preceding the bill ([O&M Rate <br />times number of thousand gallons of treated surface water delivered to GBRA] _ <br />amount to be charged to and paid by GBRA). The determination of the amount of <br />treated surface water delivered to GBRA during any month shall be the total water <br />received at the Point of Delivery less the amount of ground water, if any, metered <br />through the Carrizo Facilities and allocable to GBRA during the same time period. <br />(2) Other Charges. To the extent not already included in the Operation <br />and Maintenance Expenses as part of the O&M Rate charged to GBRA under this <br />Section 23, GBRA shall additionally be responsible for any of the following costs <br />incurred by the City: <br />(a) GBRA's pro rata share of the construction of any treatment capacity <br />above the City's 9 MGD that is requested by GBRA as part of the <br />initial phase of the Plant pursuant to Section 4(1)(a), above; and <br />(b) GBRA's incremental share of the construction of any expansion <br />treatment capacity that is requested by GBRA from time to time <br />pursuant to Section 4 1 a , above; <br />10 <br />