430-3561 Douglas-Grant WELLS ILA - 2013

Description

Grant PUD Agreement No. 430-3561 INTERLOCAL COOPERATIVE AGREEMENT THIS AGREEMENT is made by and between PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, WASHINGTON ("Douglas" or "Douglas PUD"), and PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY WASHINGTON ("Grant" or "Grant PUD"), collectively referred to as "Parties". Recitals: A. Public Utility Districts are authorized, pursuant to RCW 39.34, to enter into Interlocal Cooperative Agreements. B. Grant desires to fund a proportional share of the modernization of the Wells Fish Hatchery owned and operated by Douglas for the expressed purpose of gaining long-term access to Douglas PUD' s hatchery infrastructure in order to rear various species of anadromous fish, including up to 110,000 yearling steelhead smolts. Grant also desires to fund a proportional share of the operation and maintenance, and the in-hatchery facility monitoring and evaluation costs necessary to support the production of various species of anadromous fish, including up to 110,000 yearling steelhead smolts. C. D. Douglas is willing to allow Grant to use a proportional share of the rearing capacity at the Wells Fish Hatchery and to fund Douglas to raise, monitor and evaluate Grant's fish on the terms and conditions contained in this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenant contained herein, the Parties agree as follows: 1. TERM. This Agreement shall remain in full force and effect until December 31, 2052 unless terminated earlier based upon written notice issued to the other Party at least eighteen months in advance of the date of termination. This Agreement is to take effect on the day and year that both Grant and Douglas sign the Agreement. The annual hatchery budget detailing shared costs will be updated annually following at least one annual meeting between Grant and Douglas. The terms of this Agreement can be adjusted annually upon the consent of both Grant and Douglas. -1- 2012 Grant-Douglas Wells Hatchery Interlocal Cooperative Agreement Grant PUD Agreement No. 430-3561 2. PURPOSE. The purpose of this Agreement is to provide for the limited use of Douglas PUD' s Wells Fish Hatchery by Grant PUD and Grant PUD's payment of costs related thereto. Both Parties agree that through utilization of this Interlocal Cooperative Agreement, savings to the customers of both utility districts can be achieved. 3. OWNERSHIP AND PRIORITY OF USE.