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Everett shall make available to Tulalip, during Everett's regular business hours, all test <br /> and monitoring data and reports of Everett drinking water quality. Everett shall send to Tulalip <br /> its periodic reports of drinking water quality,prepared by Everett in conformance with <br /> requirements of the Safe Drinking Water Act or State Department of Health regulations. <br /> 5. Rates and Charges. Rates for water delivery service under this Contract shall be <br /> established by Everett ordinance, as may be amended. Tulalip will receive water service under <br /> the Everett's"east of river" ordinance rate or successor rate. (For purposes of reference,this rate <br /> for 2016 is set forth in Section 14.16.713.B.2.b(1) of the Everett Municipal Code.) All rates <br /> shall be based on accepted standard practice for public water utility rate-making, such as AWWA <br /> M1 Rate Manual or successor manual or other commonly-used industry standards,provided: <br /> A. Unless Everett is mandated to pay or otherwise remit a State utility tax by <br /> Washington State law,no rate or charge under this Contract shall include State utility tax or <br /> adjustment for State utility tax. <br /> B. As of the date of this Contract,Everett, in accordance with City Council <br /> Resolution 2285, charges the Everett utility an annual PILOT payment equal to 6%of utility <br /> revenues. This PILOT is included in the "east of river"ordinance rate, as it is included in all <br /> other wholesale water rates. With respect to the Everett PILOT,the parties agree: <br /> 1. The rate charged under this Contract may include such an Everett <br /> PILOT, so long as it is the same percentage included in the rate of other wholesale customers and <br /> so long as the PILOT(alone or in combination with any successor tax or fee to the PILOT or any <br /> other Everett taxes or fees on Utility revenues) included in the rate charged to Tulalip during the <br /> initial 50-year term of this Contract does not exceed six percent(6%). <br /> 2. For the entire term of the Contract(including the initial 50-year <br /> term of this Contract and renewal term) and subject to Section 5.D below,neither Tulalip nor <br /> Everett will, so long as the PILOT included in the Tulalip rate does not exceed 6%, challenge the <br /> binding character of the provisions made in this Section 5.B addressing the PILOT or otherwise <br /> seek to either eliminate or reduce the PILOT from the Tulalip rate or change the 50-year 6%cap <br /> that this Section B imposes on it. If after the initial 50-year term of this Contract, Everett <br /> increases the PILOT in the Tulalip rate in excess of 6%,then Tulalip may challenge the PILOT, <br /> but the remedy allowed in the challenge to the PILOT by Tulalip shall be solely limited to the <br /> remedy of reducing the PILOT to 6%, and no retroactive remedy shall be available. <br /> C. Everett's outside rate multiplier is a percentage surcharge on water service <br /> outside of Everett city limits. As of the date of this Contract,this multiplier is 20%for the "east <br /> of river"rate. Regardless of whether such multiplier is later increased in the Everett Municipal <br /> Code or elsewhere, the rate charged to Tulalip, regardless of whether it is the "east of river"rate <br /> or successor rate,will never include such a multiplier in excess of 20%. <br /> 3 <br />