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Tulalip Tribes 11/9/2016
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Tulalip Tribes 11/9/2016
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Entry Properties
Last modified
2/26/2024 7:10:16 AM
Creation date
11/23/2016 8:41:14 AM
Metadata
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Template:
Contracts
Contractor's Name
Tulalip Tribes
Approval Date
11/9/2016
Council Approval Date
10/19/2016
End Date
11/9/2066
Department
Public Works
Department Project Manager
Jim Miller
Subject / Project Title
Wholesale Water Delivery
Tracking Number
0000341
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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D. Everett contracts with customers other than Tulalip for the provision of <br /> water supply and/or water delivery services. If after the day this Contract is signed, Everett <br /> allows a wholesale customer(whether current or future Everett customer)who was charged the <br /> "east of river" or successor ordinance rate during the term of this Contract to receive service <br /> substantially similar to that under this Contract at a lower rate and/or charge than charged now or <br /> in the future under this Contract,then such lower rate shall apply to this Contract so that the rate <br /> and/or charge to Tulalip under this Contract is equal to or less than the rate charged to such other <br /> Everett customer(s). <br /> E. Everett shall not charge an Everett tax to the Tulalip Tribes for water <br /> delivered under this contract. Everett charges on Everett utility revenues are covered by S.B. <br /> above. <br /> 6. Payment. On a monthly basis, Everett shall bill Tulalip for water delivered to <br /> Tulalip through pipeline master meter. Said bills shall be payable within thirty(30) days after <br /> receipt of the invoice. Delinquent bills shall accrue interest at the rate of twelve percent(12%) <br /> per annum,but not to exceed 1%per month, for any delinquency greater than sixty(60)days. If <br /> payments are delinquent by greater than 180 days, the matter shall be submitted to dispute <br /> resolution. If payments are delinquent by more than one year,the City has the right to shut off <br /> service until paid in full. <br /> 7. Resale or Distribution of Water. After water has passed the points of delivery and <br /> has entered Tulalip's connection transmission pipeline, said water becomes subject to Tulalip's <br /> exclusive authority, except as otherwise provided in this Contract: <br /> A. After the water has passed the point of delivery and has entered the <br /> Tulalip's portion of the pipeline, Tulalip may, at its sole discretion, use the water delivered by the <br /> City for any purpose allowed under applicable law in the Tribal Service Area as shown in Exhibit <br /> B, now existing or as may be amended in the future. Tulalip shall have sole discretion over resale <br /> to Tribal enterprises and other users within the Tribal Service Area. If a planned new connection <br /> is for delivery of water outside of the Tribal Service Area, greater than 12 inches, and supplies <br /> more than one million gallons per day(1 MGD),then the Tulalip shall first obtain approval from <br /> Everett for said connection. Everett's approval shall not be unreasonably withheld and shall be <br /> based on the water supply impacts to Everett water system caused by said connection. <br /> B. Tulalip will provide information to the City of Everett as may be needed to <br /> meet the City's reporting requirements approved by the Washington State Department of Health, <br /> if appropriate. <br /> 8. Term of Contract. The term of this Contract shall be fifty(50)years from the date <br /> of its mutual acceptance by the parties to be automatically renewed for an additional fifty(50) <br /> years unless(a)the Parties agree mutually not to renew this water contract, or(b)the City fails to <br /> 4 <br />
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