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Marysville, PUD, Tulalip Tribes 8/16/2021
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Marysville, PUD, Tulalip Tribes 8/16/2021
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Last modified
2/26/2024 7:10:11 AM
Creation date
8/27/2021 10:40:57 AM
Metadata
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Contracts
Contractor's Name
Marysville, PUD, Tulalip Tribes
Approval Date
8/16/2021
Council Approval Date
8/4/2021
End Date
12/31/2050
Department
Public Works
Department Project Manager
Souheil Nasr
Subject / Project Title
JOA Water Supply Contract
Tracking Number
0003028
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Interlocal Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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approved by the Washington State Department of Health as appropriate. The Participants shall <br /> annually provide to Everett a water system report to include number of customers, peak use and <br /> other information useful in optimizing joint operations. <br /> 10. Continuity of Service. <br /> a. To the extent feasible, Everett shall continuously maintain service to the <br /> Participants as set forth in this Contract. In the event of a general emergency or water shortage, <br /> Everett and the Participants will share in implementing the necessary water conservation <br /> measures. Recognizing that both Everett and the Participants have critical customers, Everett will <br /> consult with the Participants regarding water allocations. General restrictions placed upon <br /> deliveries to the Participants shall be made according to Everett's most recent Emergency and/or <br /> Drought Response Plan. In the event of localized emergency problems, temporary service <br /> interruptions may result. <br /> b. It is recognized by the parties that emergency conservation measures may <br /> have to be implemented by the Parties on a regional basis in order to meet an emergency <br /> condition.The Participants shall assist and support such emergency conservation measures. <br /> c. Everett shall provide oral notice to the Participants, and may temporarily <br /> interrupt or reduce deliveries of water to the Participants, if Everett determines that such <br /> interruption or reduction is necessary or reasonable in case of system emergencies. Except in <br /> cases of emergency, and in order that Participants' operations will not be unreasonably <br /> interfered with, Everett shall give the Participants five (5) days' notice of any other interruptions <br /> or reduction in services, the reason therefor, and the probable duration thereof, including any <br /> interruptions or reduction in services that will be caused by installation of equipment, repairs, <br /> replacements, investigations, inspections, or other maintenance performed by Everett on its <br /> water system or those parts of the system supplying the Participants. <br /> 11. Force Majeure and Changes in Law. None of the parties hereto shall be <br /> considered to be in default in respect to any obligations hereunder if prevented from fulfilling <br /> such obligations due to conditions beyond their reasonable control or due to changes in state or <br /> federal law. If a party is unable to perform in whole or in part because of such condition or change <br /> in the law, the party shall diligently and promptly take reasonable steps to allow it to perform. <br /> 12. Miscellaneous <br /> a. Assignment; Successors Bound. Neither this Contract nor any right or <br /> privilege herein shall be assigned by any party without the written consent of the other parties. <br /> This Contract shall apply to and be binding upon the lawful successors of all parties. <br /> b. Notices. Unless otherwise provided herein, all notices complying with this <br /> Contract shall be sent by registered mail asfollows: <br />
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