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Home My WebLink AboutIL208 Interlocal Agreement CITY OF ANACORTES, WASHINGTON AND SKAGIT COUNTY DRAINAGE AND IRRIGATION IMPROVEMENT DIS I RICT NO. 15 PROVIDER AGREEMENT FOR TEMPORARY AGRICULTURE IRRIGATION WATER SERVICE June 2015 CITY OF ANACORTES,WASHINGTON PROVIDER AGREEMENT FOR TEMPORARY AGRICULTURE IRRIGATION WATER SERVICE 1. AGREEMENT This Provider Agreement for Temporary Agriculture Irrigation Water Service (the"Agreement") is between the City of Anacortes ("City") and Skagit County Drainage and Irrigation Improvement District No. 15. The City and the Service Provider are each a "Party" to this Agreement and collectively referred to as the "Parties." The City and the Service Provider agree as follows. 2. RECITALS 2.1 The City and Service Provider do not currently have a water supply relationship. This Agreement applies to the sale of temporary agricultural irrigation water by the City, through use of the Service Provider's utility system. 2.2 The Service Provider is entering into this Agreement to provide agriculture customers within its service area (the "Agriculture Customers") with City water at the City's agriculture irrigation rate. 2.3 The City owns and operates a Water Supply System. The City has water available on a temporary basis to serve Agriculture Customers on a temporary basis and is willing to supply water according to the terms and conditions of this Agreement. 2.4 This Agreement is in furtherance of the region's agricultural community and the City's proprietary authority. There is a current emergency as a result of reduction in the region's snow pack. The Washington Department of Ecology ("Ecology") has approved on an emergency basis the temporary and limited withdrawal of Skagit River water through a temporary change of point(s) of withdrawal. This Agreement is subject to all conditions of Ecology approval. 2.5 The Service Provider intends to install or provide for any required meters and appurtenances to the Service Provider's utility for Agriculture Customers; supply Agriculture Customers with agriculture irrigation water through meters and appurtenances; and, to measure and meter the water consumption of Agriculture Customers consistent with the approvals by Ecology. The City shall bill Agriculture Customers at the City's agriculture irrigation rate. 2.6 It is the purpose of this Agreement to provide for a temporary supply of water to Agriculture Customers in accordance with the Agreement. City of Anacortes/Service Provider Temporary Agriculture Irrigation Provider Agreement—Page 1 3. WATER SERVICE 3.1 Quantity. 3.1.1. The City agrees to supply, on a temporary basis, water to the Service Provider for Agriculture Customers during the months of July, August, and September of 2015. Agricultural Customers own or occupy property that is in commercial farm and agricultural production, and is available to be served by Service Provider under this Agreement. For purposed of this Section, "property that is in commercial farm and agricultural production" shall have the same meaning as "farm and agricultural land" under RCW 84.34.020 (2). Agricultural irrigation water rates are not applicable to domestic water uses, including housing or agricultural product treatment or processing. 3.1.2. The quantity of water available under this Agreement is subject to all conditions and requirements established by Ecology in Ecology's approval of the change in point(s) of withdrawal, attached hereto as Exhibit 1. The Service Provider indemnifies and holds harmless the City, its agents, employees, and officers, from any liability arising out of service provider's violation of the conditions and requirements established by the Department of Ecology. The authorizations herein are interruptible to the extent that such use conflicts with needs of the City. Withdrawal is as laid out in the schedule attached as Exhibit 2. 3.2 Delivery Points. As approved by Ecology, water withdrawal shall be accomplished using existing or additional equipment at points of withdrawal of Service Provider and/or Agriculture Customers. 3.3 Metering. The Service Provider shall use existing meters or install meters and shall measure and meter the volume of water delivered to Agriculture Customers, The Service Provider shall maintain and read the meters. The Service Provider shall test the meters periodically, to assure continuing meter accuracy and conformance to the standards of measurement and service accepted in the water industry. The Service Provider shall bear the cost of conducting the tests. The City may request additional tests. If a meter is accurate, the City shall pay for the cost of the additional test; but if the additional test reveals an inaccuracy of more than two (2) percent, the Service Provider shall pay for the test. If an inaccuracy of more than two (2) percent is discovered, all billings for water furnished to Agriculture Customers under this Agreement and all billings for water furnished to the Service Provider under the Water Supply Agreement shall be adjusted to within two (2) percent accuracy. The City may elect to have a representative witness any meter test. Service Provider shall provide to the City 24 hour unrestricted access to all pumping facilities to ensure compliance with this Agreement. 3.4 Quality of Water. 3.4.1 Water Quality Standards. The City makes no representations regarding the quality of water withdrawn directly from the Skagit River under this Agreement. 3.4.2 City Responsibility. The City shall not be liable to the Service Provider for failure to meet any water quality standards. The Service Provider indemnifies, hold City of Anacortes/Service Provider Temporary Agriculture Irrigation Provider Agreement—Page 2 haiiiiless and shall defend the City from any water quality related claim for damages by Agriculture Customers served by or through the Service Provide. 4. RATES AND CHARGES The City's agriculture irrigation water rates under AMC 13.32.035 apply to this Agreement. 5. BILLING 5.1 General. The City shall bill directly the Agriculture Customers in accordance with the City's monthly billing practices for residential and commercial customers. 5.2 Meter Reading. The Service Provider shall read the Agriculture Customers' meter(s) each month and record the volume of agriculture irrigation water delivered to each Agriculture Customer for the prior month. The Service Provider shall transmit the volume of metered agriculture irrigation water delivered to each Agriculture Customer for each month to the City by the second Monday of the following month. The City shall bill directly each Agriculture Customer for the volume of Agriculture Irrigation water delivered. In each bill, the City shall identify the City's Agriculture Irrigation rate, the volume of metered water delivered to the Agriculture Customer during that month, and the total amount due to the City. 6. ASSIGNMENT; SUCCESSORS; NO THI I PARTY BENEFICIARY 6.1 Assignment. The Service Provider shall not assign any rights or obligations under or arising from this Agreement without the prior written consent of the City. 6.2 Successors, This Agreement shall be binding on any and all successors or assignees of a Party in accordance with this Section. 6.3 No Third Party Beneficiary. This Agreement provides a means for City agricultural irrigation water service to Agricultural Customers through connections to the Service Provider. The connections and metering relationship is between the Agricultural Customers and the Service Provider. The sale of agricultural irrigation water is between the City and Agricultural Customers. Neither Agricultural Customers nor any other person is a third party beneficiary of this Agreement. 7. GOVERNING LAW, VENUE,AND COSTS 7.1 State Law. This Agreement shall be deemed to have been made in and shall be construed under the laws of the State of Washington. The Parties agree that proper venue for any City of Anacortes/Service Provider Temporary Agriculture Irrigation Provider Agreement—Page 3 judicial proceeding to enforce any decision or award made by the arbitrators under this Section shall be exclusively in Skagit County,Washington. 7.2 Costs and Fees. In the event suit or action or arbitration is instituted to enforce any right granted herein, each Party shall be responsible for payment of its own attorney fees and costs. 8. NOTICE 8.1 Addresses. All notices and billing required under this Agreement shall be sent to the following addresses: CITY SERVICE PROVIDER City of Anacortes Skagit County Drainage and Irrigation Improvement District No. 15 Attn: Public Works Director B. Jennings Hart And to, City Clerk/Finance Director 16072 Best Road Mailing: PO Box 547 Mount Vernon,WA Anacortes, WA 98221 Project contact: Brandon Roozen, Physical: 904 6th Street Western Washington Agricultural Anacortes, WA 98221 Association,2017 Continental Place, Suite#6,Mount Vernon,WA 98273 8.2 Notice Process. All notices shall be personally delivered or sent by United States mail (return receipt requested) or by reputable private independent courier. Except for personal delivery, all notices will be effective on the date delivered to the United States Post Office depository or reputable private independent courier, as the case may be. Either Party shall have the right to designate a new address for the receipt of notices by giving written notice as herein provided, but notwithstanding the foregoing, such notice of a new address shall not be effective until actually received by the other Parties. 9. TERM—EFFECTIVE DATE �e�� fJ✓ j 115 9.1 Initial Term. This Agreement shall take effect on July 1, 2015 "Effective Date"), and remain in full force and effect until September 30, 2015 (the "Initial Term"). City of Anacortes/Service Provider Temporary Agriculture Irrigation Provider Agreement—Page 4 9.2 Termination. Either the City or the Service Provider shall have the right to terminate this Agreement by giving at least one (1)months' written notice of its desire to do so. 10. SIGNATURE-EXECUTION 10.1 Each Party warrants that the representative of the Party is duly authorized to and executes this Agreement for and on behalf of the indicated Party. 10.2 IN WITNESS WHEREOF, the Parties have executed this Agreement as of this -6 day of June,2015. CITY OF ANACORTES By: GGe-1 el er"--___ Laurie Gere,Mayor ATTEST: AL) Steve Hoglund, City Clerk/Treasurer C.I. 8.-‘4"11-11 _ . SERVIC , ROVIDER Dar . SIAX111 ail()I s fi By. o 6415 ��,�,�ai B. Jennings Har l� V► ""J Commissioner ' d District Secretary ATTEST: City of Anacortes/Service Provider Temporary Agriculture Irrigation Provider Agreement-Page 5