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HomeMy WebLinkAbout49671 ORDINANCE NO. 4 9 6 7 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REAFFIRMING RESOLUTION NOS. 2671 AND 2800 WHICH 4 SETS FORTH INTENT AND SPECIFIC CONDITIONS UNDER WHICH THE 5 MAYOR AND CITY CLERK ARE AUTHORIZED TO EXECUTE A SANITARY SEWER CONNECTION AGREEMENT AND AUTHORIZING THE MAYOR AND 6 CITY CLERK TO EXECUTE THE AMENDED AGREEMENT WITH THE SPECIFIC CHANGES REQUIRED BY THE UNITED STATES DEPARTMENT OF 7 INTERIOR BUREAU OF INDIAN AFFAIRS AS A SPECIFIC CONDITION OF 8 THEIR EXECUTION OF THE AGREEMENT. 9 WHEREAS, the City has previously expressly authorized 10 ]1 the connection of the Muckleshoot Indian Tribe sewage 12 collection under City Resolution Nos. 2671 and 2800; and WHEREAS, Resolution Nos. 2671 and 2800 set forth 14 specific restrictions which must be complied with; and ]5 WHEREAS, the United States Department of Interior 17 Bureau of Indian Affairs is a necessary party to the ]8 Sanitary Sewer Connection Agreement to achieve an 19 enforceable agreement and to assure strict compliance with 20 all terms and conditions of the Agreement and with the 21 intent as established in Resolution Nos. 2671 and 2800; and 22 23 WHEREAS, copies of this Ordinance and Resolution Nos. 24 2671 and 2800 are to be transmitted by the City Clerk to the 25 26 Ordinance No. 4967 April 10, 1997 Page 1 Muckleshoot Indian Tribe and the United States Department of 2 Interior Bureau of Indian Affairs prior to their execution of the Sanitary Sewer Connection Agreement to establish the 4 5 intent of the City; and 6 WHEREAS, this Ordinance is in compliance with the 7 restrictions set forth in Resolution No. 2800 in that the 8 modification to the Sanitary Sewage Connection Agreement as 9 attached is not inconsistent with the intent of Resolution 10 1] No. 2800; and ]2 WHEREAS, this Ordinance is in compliance with the provisions set forth in Paragraph XVI ~Amendment to this 14 Agreement" of the Sanitary Sewer Connection Agreement in 15 that the purpose of the modification is to obtain execution ]6 17 by United States Department of Interior Bureau of Indian ]8 Affairs and is consistent with the specific conditions of 19 Resolution Nos. 2671 and 2800. 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 21 22 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, DO HEREBY 23 ORDAIN AS FOLLOWS: 24 25 26 Ordinance No. 4967 April 10, 1997 Page 2 ] Section 1. Resolution Nos. 2671 and 2800 are 2 reaffirmed and the modification to the attached Sanitary Sewer Connection Agreement is consistent with the intent of 4 5 Resolution Nos. 2671 and 2800 and is modified only for the 6 purposes of obtaining the United States Department of 7 Interior Bureau of Indian Affairs agreement and execution. 8 Section ~. The Mayor and City Clerk of the City of 9 Auburn are hereby authorized to execute a Sanitary Sewage ]0 ]1 Connection Agreement between the Muckleshoot Indian Tribe 12 and the City of Auburn. A copy of said Agreement is ]3 denominated as Exhibit "A", and made a part hereof as though 14 set forth in full herein. 15 18 Section 3. The City Clerk is directed to transmit a 17 copy of this Ordinance, Resolution Nos. 2671 and 2800 to the ]8 Muckleshoot Indian Tribe and the United States Department of 19 Interior Bureau of Indian Affairs. 20 Sect.ion 4. The Findings of Fact set forth above and in 21 22 Resolution Nos. 2671 and 2800 set forth the City Council's 23 intent implementing this legislation and authorizing the 24 execution of Exhibit ~A" and Resolution Noso 2671 and 2800 25 26 Ordinance No. 4967 April 10, 1997 Page 3 1 are attached hereto and incorporated by reference as if set 2 forth in full herein. Section 5. If any provision of this Ordinance, 4 5 Resolution Nos. 2671 and 2800 or the Agreement are deemed to 6 be invalid or unenforceable for any reason the remaining 7 provisions of this Ordinance or Resolution Nos. 2671 and 8 2800 and the Sanitary Sewer Connection Agreement shall 9 10 remain in force and effect. 11 Section 6. The Mayor is hereby authorized to implement ]2 such administrative procedures as may be necessary to carry 13 out the directions of this legislation. ]4 Se~t.4on 7. This Ordinance shall take effect and be in 15 ]6 force five (5) days from and after its passage, approval and 17 publication, as provided by law. INTRODUCED: ~ / 19 PASSED: APPROVED: 22 24 CHARLES A. BOOTH 25 MAYOR 26 Ordinance No. 4967 April 10, 1997 Page 4 ] 2 ATTEST: Robin Wohlhueter, 6 City Clerk 7 8 9 APPROVED AS TO FORM: ]0 ]2 Michael J. Reynolds, 13 City Attorney 14 15 16 Published: 17 ]8 19 20 2] 22 23 25 26 Ordinance No. 4967 April 10, 1997 Page 5 ORIGINAL SANITARY SEWAGE CONNECTION AGREEMENT between the CITY OF AUBURN and the MUCKLESHOOT INDIAN TRIBE Of the MUCKLESHOOT INDIAN RESERVATION KING COUNTY, WASHINGTON, USA This Agreement is entered into on this day of · 1997. in King County, Washington, between the City of Auburn, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and the Muckleshoot Indian Tribe, a federally recognized Indian Tribe located on the Muckleshoot Indian Reservation, hereinafter referred to as the ~MIT" and "MIT Reservation" respectively. WHEREAS, in order to meet the standards prescribed by the State of Washington, Department of Ecology, for the collection and disposal of sewage effluent within the State, the City constructed a sanitary sewage collection system including transmission facilities to the King County Department of Natural Resources, Water Pollution Control Division, hereinafter referred to as ~Metro", wastewater treatment plant; and WHEREAS, the MIT has identified the need for community sewage collection and disposal facilities to resolve current sanitation needs of the MIT Reservation not currently served by a sanitary sewage collection system; and WHEREAS, the Indian Health Service, hereinafter referred to as ~IHS,'" the Environmental Protection Agency, hereinafter referred to as ~EPA," the MIT and the City concur in the need for a sewage collection, treatment and disposal system to protect the health of MIT members and to safeguard the environment in and around the MIT Reservation; and WHEREAS, the IHS, the EPA, the MIT and the City have entered into a separate Memorandum of Agreement to provide for the construction of a sewage collection and transmission system on the MIT Reservation and for connection of this sewage system to the City's sewage system utilizing funding from the Indian Set-Aside Program of the Clean Water Act - 1987 amendments, through the EPA and funding from the IHS through Sanitation Facilities Construction Program, Public Law 86-121, under Project PO-94-690; and 1 WHEREAS, this Agreement is required by EPA and IHS for the MIT to obtain the funding to resolve its current residential sanitation needs; and WHEREAS, the consideration the City will receive from this Agreement is enhancement of public health by connecting current septic systems to a new sewer system; and WHEREAS, furtherance of public health and safety of area inhabitants requires that all sewage collected by the MIT and discharged into the City's system of sanitary sewers be both non- harmful and non-toxic to both the City's system of sanitary sewers and area residents, as well as in conformity with reasonable rules and regulations; and 7_-90~ o h c e is incorporated herein by this reference, expressly reviewed and reaffirms the policy set forth in Resolution No. 2671 authorizing the execution of the September 6, 1995, Memorandum of Agreement Among the IHS, the EPA, the City, and the MIT of the MIT Reservation, also identified as Public Law 86-121, Project P0-94-690 (~Four Party Agreement" herein), and thereby authorized its Mayor to execute this Agreement which authorizes sanitary sewage connections for residential, single family housing units and specific existing non-residential facilities; WHEREAS, all parties agree that this Agreement is solely for the purpose of protecting public health and contemplates only the connection of the 40 existing homes in the Skopabsh Village, up to 230 units of residential housing, and those other facilities set forth in the City's Resolution No. 2671, page two, which are defined as ~Tribal administration, Tribal school, library, senior center, Tribal store, churches"; WHEREAS, the MIT Tribal Council has by Resolution No. by this reference, expressly reviewed and approved this Agreement and secured Bureau of Indian Affairs, hereinafter referred to as ~BIA", approval pursuant to Title 25, Section 81, of the U.S. Code; and WHEREAS, the dispute resolution provisions of this Agreement shall apply to all issues arising between the parties which relate to sewer and sewer related services; and NOW, THEREFORE, in order to provide for connection and continued use of the MIT's sewage collection and transmission system to the City's sewage system, the parties mutually agree: I. CONNECTION AUTHORIZED 1.1 MIT is authorized to connect to City sewer line to service only 40 existing homes in Skopabsh Village, MIT residential units in existence at the time of City Resolution No. 2671 passage (estimated to be approximately 130 units), up to a maximum of 100 additional units of single family housing, and MIT governmental or community facilities such as administration, school, library, senior center, store, and churches. II. CITY'S SYSTEM DEVELOPMENT CHARGE 2.1 Determination of System Development Charge. That the MIT agrees to provide the City with a listing of all connections to the MIT's sewage system and agrees to pay the City a one-time System Development Charge, hereinafter referred to as SDC, for each connection to the MIT's sewage system. This listing will be updated by the MIT as needed on a monthly basis as an attachment to the monthly utility fee paid to the City. The SDC for each connection shall be as calculated utilizing Metro forms 1057, 1058, and 0461, latest revisions, copies of which are attached hereto, for Residential Customer Equivalents, hereinafter referred to as ~RCE's" The MIT has already pre-paid the SDC's for 230 RCE units with IHS funds in April, 1996. The current charge for a single family residential and every other RCE connection is $840. 2.2 This SDC rate is subject to change as described in Article XIV. of this Agreement. 2.3 The City agrees to waive the SDC for the 40 existing MIT homes in the Skopabsh Village housing area due to these homes being connected to the City sewage system since 1977. III. CITY'S USER FEE 3.1 Because the MIT has responsibility for ownership, operation and maintenance of the MIT's sewage collection and transmission system, the parties agree that the MIT will provide the City with a monthly user fee equivalent to fifty percent (50%) of the user fee charged to City customers. 3.2 The MIT will provide the City with 50% of the City monthly user fee as charged to the City customers. For other than single family residential connection, this will include an additional volume amount per month. The volume amount shall be calculated as follows: -3- V = monthly volume from water service meter, in cubic feet R = current applicable rate, in dollars [V - 750] · R , (0.5) Volume amount billing = (loo) · (7.5) 3.3 Each connection other than single family residential shall have a water service meter installed prior to sanitary sewer connection. Each single family residential connection shall have a water service meter installed prior to 1 September 1997, or prior to sanitary sewer connection thereafter. 3.4 This rate and the applicable percentage to ownership, operation, and maintenance is subject to change as described in Article XIV. of this Agreement. IV. METRO'S USER FEE 4.1 The MIT will provide the City with the Metro monthly user fee as charged to the City customers. For other than single family residential connection, this will include an additional volume amount per month. The volume amount shall be calculated as follows: V = monthly volume from water service meter, in cubic feet R = current applicable rate, in dollars [v- 75o] * (R) Volume amount billing ...................... (loo) , (7.5) 4.2 Each connection other than single family residential shall have a water service meter installed prior to sanitary sewer connection. 4.3 This rate is subject to change as described in Article XIV. of this Agreement. V. QUALITY OF SEWAGE 5.1 The MIT agrees to connect only the 40 homes in the Skopabsh Village, up to 230 units of residential housing, and those other facilities set forth in the City's Resolution No. 2671, page two, which are defined as "Tribal administration, Tribal school, library, senior center, Tribal store, churches ..." that discharge domestic type sewage into the City's sewage system. The MIT will not permit industrial waste producing developments to connect to their community sewage system. For -4- I purposes of this Agreement domestic type sewage shall be defined as that type of sewage which is contributed by a residential user. 5.2 The MIT agrees to enforce all sewage collection and transmission system effluent quality standards as required by the City, Metro and/or the EPA for all effluent discharged into the City's sewage system. The MIT shall deliver to the City sanitary sewer system only such sewage collected or received by the MIT as is in conformity with and subject to such reasonable rules and regulations as currently exist or as may be adopted from time to time by the City, Metro, or the EPA. The MIT shall not accept sewage or wastes from any person, firm, corporation, or other entity which is located within or without it boundaries, or is otherwise delivering its sewage into the MIT's sanitary sewer system, without written consent of the City. Should the MIT or the City at any time suspect that the effluent from the MIT collection system is not meeting these standards, the MIT shall make every effort to locate and eliminate the source of contamination. 5.3 Should damages to the City system result from effluent from the MIT's collection system that does not meet the standards of Section 5.2, the MIT will reimburse the City for any such damages. 5.4 The MIT's transmission of effluent to the City which does not meet the effluent quality standards as required by the City, Metro, and/or the EPA shall constitute a material breach of this Agreement by the MIT entitling the City to immediately terminate this Agreement for cause. Without terminating this Agreement, the City may in its sole discretion and upon provision of notice to the MIT refuse to accept any effluent it believes is not meeting the effluent quality standards as required by the City, Metro, and/or the EPA and continue to accept effluent which does meet applicable standards. In such event, the MIT specifically agrees that the City shall not be deemed to have waived any of its rights under this Agreement and the MIT will not assert doctrines of waiver, estoppel, and laches against the City in any subsequent action pertaining to this Agreement and the rejection and acceptance of conforming and non-conforming effluents. -5- VI. SEWER COMMIESYSTEMS COORDINATION 6.1 In the interest of continuing to promote better communication and cooperation between the MIT and the City, both parties agree to send a representative to participate in all regular and special meetings of the MIT's Utility District and the City's Public Works Committee. Both parties shall notify the other party in writing of all such meetings. 6.2 The MIT and the City agree to provide technical and operational assistance to the other party upon request and as resources of manpower or equipment or plant may be available on a cost reimbursable basis. If one party assists the other, the party assisted agrees to honor payment of billings for labor and equipment rental. Both parties will make available established hourly rates for purposes of encouraging this program. VII. SEWAGE FLOW MEASUREMENT 7.1 The quantity of sewage entering the City's collection system shall be measured by a flow meter located in the City's regulation station. The proper calibration of this flow meter will be the responsibility of the City. The MIT shall keep monthly records of the sewage pumps running time hour meters and of the average pumping rate for each pump for comparison and confirmation of the flow meter calibration on an annual cycle. In the event that the flow meter appears to have malfunctioned, the hour meter readings and the corresponding flow rates shall be used to determine the amount of sewage that has been pumped to the City's sewage system until the flow meter repairs are completed. The MIT will report the total sewage flow as measured utilizing the pump running time hour meters estimated method to the City monthly, as an attachment to the monthly user fee payment. VIII. TRIBAL OR CITY OWNERSHIP AND MAINTENANCE 8.1 The MIT shall own, operate and maintain all gravity collection lines, sewage lift stations and force main piping located upstream of the City's regulation station and generally within the southeastern portion of the MIT Reservation in Sections 1, 2 and 12 of Township 20 North, Range 5 East, W.M., but, also including the gravity and force main piping located outside of the MIT Reservation boundaries in Section 35 of Township 21 North, Range 5 East, W.M., upstream from the City's regulation station. 8.2 The gravity and force main line located downstream from the City's regulation station to the connection manhole at the corner of Auburn-Enumclaw Highway and 368th Street shall be conveyed to and be owned, operated and maintained by the City provided however that MIT residential connections will be permitted, but no non-MIT connections will be authorized without MIT written approval. 8.3 The MIT operations staff shall operate their facilities in conformance with the Plan of Operation developed with the assistance of the IHS during the design and construction of the facilities. 8.4 In order to maintain compatibility of design/construction operating systems, the MIT agrees to construct and maintain all property referred to herein in accordance with standards and specifications provided by the City. IX. INTERRUPTION OF SERVICE 9.1 It is understood that the City will periodically need to restrict or shut off sewage flow into their collection system in order to perform repair or maintenance on downstream facilities. For scheduled maintenance or repair activities the City shall notify the MIT, in writing, at least five working days in advance. Such notice shall indicate the work that is to be performed, the anticipated duration of this work, what restrictions or changes to the Plan of Operation will be necessary and a contact person for coordinating all activities with the MIT's operations staff. 9.2 It is also understood that emergency situations may arise that could threaten public health and/or the continued operation of the City's sewage collection system and the City may be unable to notify the MIT in the manner prescribed above (in Section 9.1). In such a situation the City shall use best efforts to contact the MIT's Utility staff (operator or Council officers) and request assistance in regulating the discharge of effluent from the MIT's sewage system. 9.3 The MIT, by reason of this Agreement, shall grant the City an access easement to pump station #2 sufficient to permit the City to regulate the sewage flow and to permit emergency repair work on the City's sewage system. A copy of the Easement form is attached hereto as Exhibit A and is incorporated herein by reference as though fully set forth. -7- 9.4 The MIT agrees to assume liability, if any, for sewage back-ups, if any, within the MIT's sewage system that are caused by capacity shortfalls and flow control spill incidents within the MIT's sewage system, and will hold the City harmless from any such claims, all as more particularly described in Article X. of this Agreement. 9.5 The MIT shall procure and maintain in full force and effect throughout the term of this Agreement a policy of comprehensive general liability insurance with minimum coverage of one million dollars per occurrence/two million dollars aggregate for personal injury including death, and property damage. As a condition of providing service, the City reserves the right, in its sole discretion, to demand increased minimum coverage limits at five (5) year intervals from the date of signing hereof. In the event the MIT does not provide proof of insurance issued by a company approved by the City, with increased limits, within thirty (30) days of such request the City shall be authorized to procure such a policy on its own behalf and deduct such policy premiums from the reserve account established pursuant to this Agreement. Such policy shall name the City as an additional named insured and shall include a provision in such policy prohibiting cancellation or reduction in coverage except upon at least thirty (30) written days notice to the City. Cancellation or reduction of the required insurance shall constitute a material breach of this Agreement and, at the City's sole option, may constitute grounds for the City to immediately terminate this Agreement. Further, the MIT agrees to execute all documents and do all things necessary to allow the City, as additional named insured, to recover directly from the insurance carrier in the event of loss, without having to first commence dispute resolution proceedings or bring suit against the MIT. X. SEWAGE FLOW CAPACITY Release Monitoring, Metering and Regulation: 10.1 Conceptual Premises. The MIT and the City agree to the following conceptual premises with regard to operation and maintenance of the sewer system pursuant to this Agreement: A. Prior to City approval of sanitary sewer connection, the City shall approve construction documents as per the Four Party Agreement and the following plans, specifications, and conditions will be met: 1. The MIT agrees to construct and dedicate in fee title all infrastructure concerning the system, except for the regulation station vault to be designed and constructed by the City, from the upstream side of the vault, northwesterly to the City's receiving manhole near the City limits. (Exhibit B: general map illustration) 2. The City will design and construct the regulation station, downstream monitoring gauges, telemetry and control cabinet. The City will seek to coordinate this design with the MIT's consultant (IHS) to assure compatibility with the connection and regulation telemetry of the MIT's #2 pump station. 3. The MIT and City agree to cost share the City's design and construction effort referenced in Section 10.1.A.2. on a 50/50 percentage basis according to and for the mutual benefits accruing to both parties. The MIT agrees to pay its share of the City's improvements prior to construction contract award. No connection shall be allowed until such time as all payments are received by the City. 4. The MIT and City agree to share the monthly communication and any associated maintenance and repair bills as necessary to operate and maintain the telemetry system so long as the MIT's sanitary sewer system is connected to the City's sanitary sewer system. These costs will be included on each monthly sewer bill presented to the MIT. The City will be responsible for maintaining the telemetry system up to and including the telemetry intertie box located at the pump station #2. The MIT hereby grants the City and its system maintenance agents right of entry to all locations served by the City's telemetry system. 10.2 Regulatory Concept: Generally the system components consist of: 1. Downstream monitoring gauges will be installed at two manholes in the City's system for purposes of measuring, recording and telemetering ~real time" control signals to the MIT's pump station that regulates releases to the City's system. 9 2. A regulatory vault consisting of and containing a manual gate valve, a motor operated ball valve, flow meter, and telemetry devices shall be installed at a location along the force main downstream of Pump Station #2. 3. In Pump Station #2 the design shall provide an additional wet well surcharge minimum capacity volume of 1,400 cubic feet to accommodate pump regulation. Pumping capacity at Pump Station #2 may be overridden by City telemetry. Override telemetry will control operation of both high volume and low volume pumps, as the IHS has installed no variable flow pumps. As such, the only operations available are fixed high volume, fixed low volume, and all off - no volume. 4. The regulation of the pump station shall be responsive to the downstream monitoring gauge signals and the flow control valve in the regulation vault to assure the performance objectives outlined herein are met, and maximum flows are therefor not exceeded. 5. The telemetry system shall be capable of recording the actual flow data in digital format on a continuous basis and down-loading to a computer system in both the MIT office and the City utility office via modem. The computer software will be capable of showing the real-time flow data at all monitored points (Pump Station #2, Regulatory vault, and monitoring gauges). 6. As the City and MIT decide to modify this Agreement to accommodate adjustments of release rates allowable, the telemetry system shall be capable of receiving programmable updates. 7. Prior to issuance of the connection approval the MIT and its contractor will perform commissioning tests to demonstrate to the City's satisfaction that the system accomplishes the following performance objectives: a. The pump station responds to regulate the flow releases to the City's system in such a manner that when the City's pipe being monitored is equal to or greater than 80% full as measured by flow depth within the pipe, the pumping rate is curtailed, and if necessary, reduced to zero. b. As the City's pipe being monitored drops to a 75% of full condition, the system will query the status of wet well levels and pump down times to assess when pumps are re-energized to commence pumping. The system will periodically continue to query system status at such time as pumping decisions are required. c. The pump station can be calibrated to deliver flows as dictated by the City's downstream capacity available, and within the limits of flow control as provided by IHS construction to date. d. At a monitored one-foot surcharge within a gauging manhole, the regulation station will automatically shut off influent flow from the MIT's Pump Station #2, and influent flow shall remain off until the surcharge has disappeared. This will be the only condition mandating zero flow from the MIT's Pump Station #2 except for emergency conditions. 10.3 Maximum Flow to Be Accepted By City. The maximum allowable sewage flow rate from the MIT's sewage system to the City's sewage system shall not exceed the capacity available within the City's system at any time as determined by City monitoring gauges. Such flow can be released at any time capacity is available within the City's system. 10.4 Funding of Future Improvements By MIT A Condition Precedent to Continuing Flow to the City System. a. The MIT acknowledges that its share of funding the design and construction of any future capacity expansion effort of the City system is an express condition precedent to the City proceeding with expansion of its system. Payment of this funding share by the MIT is necessitated by the fact that acceptance of MIT flow by the City will consume previously existing capacity, makes such capacity unavailable to the City, and requires subsequent improvements to the City system in order for the City to have and maintain the capacity necessary for the City's own needs and uses. Such funding amounts may be credited against future MIT SDC amounts, if any. b. The prorata share of City system expansion projects between the MIT and the City shall be determined based on benefit received. XI. COLLECTION OF FEES, TERMINATION OF SERVICE, AND BREACH OF AGREEMENT 11.1 Collection of Development Charges, User, and Connection Fees. A. Payment as Condition Precedent. The Agreement is between the MIT and the City and no third parties, even though third parties may be indirectly benefited. As a condition precedent to connection and continued service, the MIT shall pay all necessary development charges and user fees. Additionally the MIT shall apply for any necessary City approvals on behalf of members or property owners within MIT jurisdiction who desire to be connected to the sewer system. The City's issuance of a permit shall be directly conditioned upon completion of those items specified in any particular permit as well as the MIT's payment of the permit fees. The MIT and the City expressly agree that the City shall not be responsible for collecting of SDC's, user charges, permitting fees, or any other moneys of any kind from any other individual or entity. B. Rstab]ishment of Reserve Account for Future System Rxpanslon and Related Costs. The City and MIT shall, upon execution of this Agreement, establish a supplemental reserve account in the amount of Five Hundred Thousand Dollars ($500,000.00) to provide for future funding of anticipated system expansion necessitated on account of increased flows resulting from this Agreement, non-budgeted uses of funds necessitated by natural disasters and other public health reasons, payment of insurance premiums, and any other unpaid charges or fees pertaining to the use of the system or permits pertaining thereto. The City and the MIT shall each contribute Two Hundred Fifty Thousand Dollars ($250,000.00) and the fund shall be maintained at this level with each party replacing the funds which are withdrawn on account of its respective obligations. The fund shall be established in a Restricted Use account of the Sanitary Sewer Fund as designated by the City. The interest accruing thereon, if any, shall be apportioned between the parties in relation to their respective contributions and any such interest and principal remaining at the termination of this Agreement shall be returned to the remitter of such funds upon such termination and settlement of all claims and disputes pertaining to this Agreement. The City shall, upon consultation with the MIT, be authorized to immediately draw upon and use the funds in the reserve account for the uses and purposes herein mentioned. The City shall account to the MIT for all such funds used. Nothing contained herein shall derogate from the need of the MIT to pay in advance as a condition precedent for the City's performance under other provisions of this Agreement. 11.2 MIT's Right to Terminate Agreement. The MIT shall have the right to terminate the discharge of sewage from their sewage system to the City's at any time for any reason, or no reason whatsoever, by providing the City with a minimum of five (5) years' written notice prior to termination of such discharge. The City agrees to terminate this Agreement with the MIT at the date noted upon said written notice. Monetary and other obligations owed by the MIT to the City on the date of termination shall survive. 11.3 City's Right to Terminate Agreement. The City shall have the right to terminate this Agreement at any time for any reason, or no reason whatsoever, by providing the MIT with a minimum of five (5) years' written notice prior to termination. The City shall also have the right to immediately terminate this Agreement for any reason constituting a material breach. In addition to those breaches defined by law, the City and the MIT expressly agree that a material breach justifying the City to immediately terminate service shall include, but not be limited to, the non-payment of SDC's or user fees, failure of the MIT to provide proof of insurance required herein, exceeding the number of type of sewer connections allowed under this Agreement, discharge of non-domestic sewage into the system, and/or failure of MIT to honor easements, and/or failure to fund the reserve account specified herein. 11.4 Right to Rely upon Notice of Termination. As between the City and the MIT, in the event that one party, hereinafter referred to as the ~Transmitting Party," sends the other party a notice to terminate this Agreement, the party receiving such notice, hereinafter referred to as the ~Receiving Party," shall have a right to rely upon such notice. Absent prior written agreement to the contrary, the Transmitting Party shall not be allowed to revoke its notice of intent to terminate this Agreement or to otherwise keep this Agreement in full force and effect beyond the termination date specified in the notice. This provision shall be effective regardless of whether or not the Transmitting Party actually changes its position, or the Receiving Party otherwise relies in any material manner upon the Transmitting Party's notice of termination. XII. DISPUTE RESOLUTION AND LIMITED WAIVER OF SOVEREIGN IMMUNITY 12.1 Dispute Resolution - Mediation. In the event the MIT and the City are engaged in a dispute which relates to this Agreement or any other issue arising relating to sanitary sewer, and they are unable to resolve said dispute within ninety (90) days, either party may request mediation of any dispute, in any manner agreed upon by the parties. a. Mediation shall be commenced by the party requesting it notifying the other party in writing of its request to mediate a dispute arising between the parties which relate to sanitary sewer and sewer related services. If the parties agree to enter into mediation within 20 days from such request the matter shall be deemed stayed and the arbitration clause continued herein shall not be put into effect. Mediation shall continue for no more than one hundred twenty (120) days at which point the mediation shall be deemed failed unless the parties have reached an agreement and have had such agreement approved by the governing bodies of each respective party and, if applicable, the Bureau of Indian Affairs. If such agreement is not approved by the governing bodies of each respective party or is not enforceable in the United States District Court for the Western District of Washington, the mediation shall be deemed failed and the unresolved issue shall be submitted to binding arbitration as set forth herein. b. In the event the parties do- not reach an agreement to mediate within twenty (20) days of receipt of the notice requesting mediation by the non-requesting party, the matter shall be submitted to binding arbitration as set forth herein. c. Each party shall bear its own costs of mediation. 12.2 Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules. Judgment on the decision rendered by the arbitrator may be entered into the United States District Court for the Western District of Washington. Each party shall bear its own costs of arbitration. 12.3 Limited Waiver of Sovereign Immunity and Consent to Jurisdiction of Federal Court. The MIT hereby waives its sovereign immunity and consents to the jurisdiction of the United States District Court for the Western District of Washington concerning disputes regarding the interpretation of this Agreement and the enforcement of any rights hereunder, including collection of any SDC's, User Fees, or other obligations or liabilities, in law or in equity, pertaining to hold harmless provisions of this Agreement. Such waiver of Sovereign Immunity and Consent to jurisdiction shall apply to no other court. This Limited Waiver of Sovereign Immunity and Consent to Jurisdiction has been specifically negotiated by the parties and decision of the City to extend sanitary sewer service to the MIT and a portion of the MIT's payments hereunder are expressly made the consideration for this Limited Waiver and Consent to Jurisdiction. 12.4 Disclaimer of MIT Tribal Court Jurisdiction. The MIT agrees that the MIT Tribal Court has no jurisdiction over the force, effect, and interpretation of this Agreement, nor the resolution of disputes which pertain to its implementation. The MIT further agrees that it has no authority to submit the City to the jurisdiction of the MIT Tribal Court with regard to any sewer-related matters or disputes which may arise between the parties. XIII. FEE AND CHARGES PAYMENTS 13.1 The City shall bill the MIT on a monthly basis for any fees or charges as determined in Articles II, III, and IV of this Agreement. The MIT shall have thirty (30} days to provide payment of the amount to the City from the date of bill issuance. 13.2 In the event that any payments for a sewer bill due under this Agreement shall remain unpaid in excess of the thirty (30) days from the date of issuance, then the bill shall be delinquent. In the event that a bill becomes delinquent, the City shall give the MIT fifteen (15) days' notice of its intent to enforce collection of said bill. A bill which has been properly addressed and deposited in the United States Postal Service shall be deemed to be presented to the MIT for payment. 13.3 If the MIT believes that the City's bill for fees or charges is in error, the MIT shall notify the City of the error no later than fifteen (15) days following the date of bill issuance, accompanied by any supporting documents. Within ten (10) days thereafter, the City and MIT shall meet to attempt to resolve the dispute. If the dispute cannot be resolved informally, then the parties shall proceed pursuant to Article XII (Dispute Resolution). In any event, the MIT shall pay any uncontested portion of the bill within thirty (30) days after date of issuance. The MIT shall also continue to pay uncontested subsequent monthly bills as provided in this Section. 13.4 If the bill remains unpaid fifteen (15) days following the City's notice of intent to enforce collection, then the City may at its discretion discontinue service to the MIT; provided that the MIT has not provided notice to the City pursuant to Paragraph 12.1. If the MIT has given such notice, the City shall have the authority to discontinue service for failure to pay only in the event that the MIT has not paid the uncontested portion of the bill. 13.5 If the billing dispute is resolved in favor of the City pursuant to Article XII (Dispute Resolution), and the bill remains unpaid for five working days thereafter, the City may at its discretion discontinue service to the MIT unless otherwise specified within the dispute resolution. XIV. CHANGES TO RATES AND CHARGES The City's and/or Metro's user fee rate structure and charges for the MIT shall be changed only at such times as the City and/or Metro adjusts its rates and charges through established procedures for all other users. XV. HOLD HARMLESS AND INDEMNIFICATION The MIT agrees to indemnify and hold harmless City, and its agents and employees, from and against all claims, damages, losses, and expenses, including reasonable attorneys' fees, which originate from events which occur on MIT owned or controlled land or facilities including, but not being limited to, sanitary sewer backups, floods, spillage, property damage, personal injury, and other types of sewage contamination, except that this indemnification shall not apply to the sole negligent or intentional acts of the City and its agents and employees. XVI. PERFORMANCE OF AGREEMENT Each party agrees that it will execute any and all instruments, documents and resolutions or ordinances necessary to give effect to the terms of this Agreement. Furthermore, the City shall have access at reasonable times and on reasonable notice to inspect the MIT's sanitary sewer system and related facilities for the purpose of verification of the number of hook ups, type of discharge, and operation levels which constitute the basis of the MIT's obligations to the City on account of fees and charges. XVI, AMENDMENT OF THIS AGREEMENT This Agreement may be modified only if such modifications are written and are approved by written resolutions adopted jointly by the Auburn City Council, the MIT Tribal Council, and the BIA. XVII, CONSTRUCTION AND INTERPRETATION. This document has been mutually negotiated between the parties. No adverse inference or ambiguity shall be construed against the party preparing this document for signature. No waiver by either party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or a different portion of this Agreement. XVTII, TERM OF AGRE~.MENT, The initial Term of this Agreement shall be fifty (50) years from the date that the parties executed this Agreement unless terminated earlier pursuant to Section XI of this Agreement. This Agreement shall be automatically renewed for an additional term of fifty (50) years (without any action required by either party), provided that either party may decline to renew the Agreement by notifying the other party by written notice at least five (5) years prior to the end of the initial Term of this Agreement. IN WITNESS TO THE TERMS OF THIS AGREEMENT, the parties hereto have subscribed their names: MUCK~E~/~ I~..z TRIBE Muckleshoot Tribal Council Date: )C ~ - 9 7 Consented to, Agreed and Approved as to Form: United States Department of Interior Bureau of Indian Affairs Accommodation Approval Its: Superintendent, Puget Sound Agency Date: Approved as to Form: Tribal/~torney CITY OF AUBURN CHARLES A. BOOTH, ~YOR ATTEST: Robin Wohlhueter, City Clerk P~~A,S~RM: Mike J. Reynolds, City Attorney RESOLUTION NO. 2 8 0 0 2 3 A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING FORTH INTENT AND AUTHORIZING THE MAYOR AND 4 CITY CLERK TO EXECUTE A SANITARY SEWER CONNECTION AGREEMENT 5 BETWEEN THE MUCKLESHOOT INDIAN TRIBE AND THE CITY OF AUBURN, AND REQUIRING TRANSMITTAL TO MUCKLESHOOT INDIAN TRIBE. 7 WHEREAS, in order to meet the standards prescribed by the 8 State of Washington, Department of Ecology, for the collection 9 and disposal of sewage effluent within the State, the City of 10 11 Auburn constructed a sanitary sewage collection system 12 including transmission facilities to the King County 13 Department of Natural Resources, Water Pollution Control 14 Division (METRO); and 15 WHEREAS, the Muckleshoot Indian Tribe have requested 17 community sewage collection and disposal facilities to resolve 18 current sanitation needs of the Muckleshoot Indian Tribe 19 Reservation not currently served by a sanitary sewage 20 collection system; 21 WHEREAS, the City of Auburn finds it is in the benefit of 22 23 public health, safety and welfare to authorize the extension 24 of the sanitary sewage collection system to resolve the 25 Resolution No. 2800 January 10, 1997 Paae 1 1 current sanitation needs of the Muckleshoot Indian Tribe on 2 its Reservation; and WHEREAS, the City of Auburn is mandated to comply with 4 5 the Washington State Growth Management Act and to be 6 consistent with the City Comprehensive Plan and to authorize 7 the extension of the sanitary sewage collection system to 8 resolve the current sanitation needs of the Muckleshoot Indian 9 Tribe on its Reservation which consists of its current 10 11 Reservation boundaries and its current population, allowing a 12 limited number of additional residential housing units to provide separate residential housing units for Tribal members 14 now residing in current over-crowded residential units, is 15 consistent with the State Growth Management Act and the City's 16 17 Comprehensive Plan; and 18 WHEREAS, the City of Auburn desires to cooperate with 19 Federal agencies who have provided grant. monies specifically 20 to resolve the current sanitation needs of the Muckleshoot 2] 22 Indian Tribe on its Reservation and without the cooperation of 23 the City of Auburn the purpose of the grants to resolve the 24 current sanitation needs could not be met; and 25 26 Resolution No. 2800 January 10, 1997 Paqe 2 1 WHEREAS, the authorization of the entry into the Sanitary 2 Sewage Connection Agreement which under the findings of fact set forth herein, has no adverse environmental effect and with 4 5 the intent of resolving current sanitation needs of the 6 Muckleshoot Indian Tribe on its Reservation, the Sanitary ? Sewage Connection Agreement has a positive environmental 8 effect; and 9 10 WHEREAS, it is the specific intent of the City to 11 authorize this Resolution and the specific intent of the City 12 to enter into the Sanitary Sewage Connection Agreement for the purpose of providing such sewer connection for residential 14 uses and those commercial and institutional uses as 15 16 specifically identified in the Sanitary Sewage Connection ]7 Agreement; and 18 WHEREAS, the use of the sanitary sewage collection system 19 beyond the intent set forth herein is a material breach of the 20 Sanitary Sewage Connection Agreement and the purposes of the 21 22 Federal Grant for its construction, and is not authorized; and 23 WHEREAS, any change, modification or amendments to the 24 Sanitary Sewage Connection Agreement shall be consistent with 25 28 Resolution No. 2800 January 10, 1997 p~ ~ 1 the intent set forth herein and any change, modification or 2 amendments inconsistent with the intent set forth herein shall 3 be unauthorized, null and void; and 4 5 WHEREAS, it is the desire of the City of Auburn to 8 encourage the economic vitality of the members of the ? Muckleshoot Indian Tribe and to encourage them in the 8 development of their cultural heritage, however sewage 9 connections beyond those specifically authorized in the 10 11 Sanitary Sewage Connection Agreement, even though they may 12 promote the economy of the Tribe, are not authorized. 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 14 WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 15 ]8 RESOLVES AS FOLLOWS: 17 Section ]. The Mayor and City Clerk of the City of 18 Auburn are hereby authorized to execute a Sanitary Sewage 19 Connection Agreement between the MUCKLESROOT INDIAN TRIBE and 20 the CITY OF AUBURN. A copy of said Agreement is attached 21 22 hereto, denominated as Exhibit "A", and made a part hereof as 23 though set forth in full herein. 24 25 28 Resolution No. 2800 January 10, 1997 Page 4 1 Section 2. The City Clerk is directed to transmit a copy 2 of this Resolution to the Muckleshoot Indian Tribe. 3 4 SectiOn 3. The findings of fact set forth above set 5 forth the City Council's intent implementing this legislation 8 and authorizing the execution of Exhibit "A". 7 Section 4. If any provision of this ResolUtion or the 8 Sanitary Sewer Connection Agreement referred to as Exhibit "A" 9 10 is determined to be invalid the remaining provisions of this 11 Resolution and the Sanitary Sewer Connection Agreement 12 referred to as Exhibit "A" shall remain in force and effect. ]3 Section 5. The Mayor is hereby authorized to implement 14 such administrative procedures as may be necessary to carry 15 16 out the directives of this legislation. 17 DATED and SIGNED this 21st day of January, 1997. ]8 19 20 CITY OF AUBURN 2] 22 CHARLES A. BOOTH 24 MAYOR 25 26 Resolution No. 2800 January 10, 1997 1 ATTEST: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I Robin wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney ------------------------ Resolution No. 2800 January 10, 1997 Page 6 SANITARY SEWAGE CONNECTION AGREEMENT between the CITY OF AUBURN and the MUCKLESHOOT INDIAN TRIBE of the MUCKLESHOOT INDIAN RESERVATION KING COUNTY, WASHINGTON, USA This Agreement is entered into between the City of Auburn, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and the Muckleshoot Indian Tribe, a federally-recognized Indian Tribe located on the Muckleshoot Indian Reservation, hereinafter referred to as the "MIT" and "MIT Reservation" respectively. WHEREAS, in order to meet the standards prescribed by the State of Washington, Department of Ecology, for the collection and disposal of sewage effluent within the State, the City constructed a sanitary sewage collection system including transmission facilities to the King County Department of Natural Resources, Water Pollution Control Division, hereinafter referred to as "Metro", wastewater treatment plant; and WHEREAS, the MIT has identified the need for community sewage collection and disposal facilities to resolve current sanitation needs of the MIT Reservation not currently served by a sanitary sewage collection system; and WHEREAS, the Indian Health Service, hereinafter referred to as "IHS," the Environmental Protection Agency, hereinafter referred to as "EPA," the MIT and the City concur in the need for a sewage collection, treatment and disposal system to protect the health of MIT members and to safeguard the environment in and around the MIT Reservation; and WHEREAS, the IHS, the EPA, the MIT and the City have entered into a separate Memorandum of Agreement to provide for the construction of a sewage collection and transmission system on the MIT Reservation and for connection of this sewage system to the City's sewage system utilizing funding from the Indian Set-Aside Program of the Clean Water Act - 1987 amendments, through the EPA and funding from the IHS through Sanitation Facilities Construction Program, Public Law 86-121, under Project PO-94-690; and Exhibit °A" - Resolution No. 2800 -1 Adopted 1/21/97 WHEREAS, this Agreement is required by EPA and IHS for the MIT to obtain the funding to resolve its current residential sanitation needs; and WHEREAS, the consideration the City will receive from this Agreement is enhancement of public health by connecting current septic systems to a new sewer system; and WHEREAS, furtherance of public health and safety of area inhabitants requires that all sewage collected by the MIT and discharged into the City's system of sanitary sewers be both non- harmful and non-toxic to both the City's system of sanitary sewers and area residents, as well as in conformity with reasonable rules and regulations; and WHEREAS, the Auburn City Council has by Resolution No. a copy of which is attached hereto and is incorporated herein by this reference, expressly reviewed and reaffirms the policy set forth in Resolution No. 2671 authorizing the execution of the September 6, 1995, Memorandum of Agreement Among the IHS, the EPA, the City, and the MIT of the MIT Reservation, also identified as Public Law 86-121, Project PO-94-690 ("Four Party Agreement" herein), and thereby authorized its Mayor to execute this Agreement which authorizes sanitary sewage connections for residential, single family housing units and specific existing non-residential facilities; WHEREAS, all parties agree that this Agreement is solely for the purpose of protecting public health and contemplates only the connection of the 40 existing homes in the Skopabsh Village, up to 230 units of residential housing, and those other facilities set forth in the City's Resolution No. 2671, page two, which are defined as "Tribal administration, Tribal school, library, senior center, Tribal store, churches"; WHEREAS, the MIT Tribal Council has by Resolution No. a copy of which is attached hereto and is incorporated herein by this reference, expressly reviewed and approved this Agreement and secured Bureau of Indian Affairs, hereinafter referred to as "BIA", approval pursuant to Title 25, Section 81, of the U.S. Code; and WHEREAS, the dispute resolution provisions of this Agreement shall apply to all issues arising between the parties which relate to sewer and sewer related services; and NOW, THEREFORE, in order to provide for connection and continued use of the MIT's sewage collection and transmission system to the City's sewage system, the parties mutually agree: Exhibit "A" - Resolution No. 2800 -2- Adopted 1/21/97 I. CONNECTION AUTHORIZED 1.1 MIT is authorized to connect to City sewer line to service only 40 existing homes in Skopabsh Village, MIT residential units in existence at the time of City Resolution No. 2671 passage (estimated to be approximately 130 units), up to a maximum of 100 additional units of single, family housing, and MIT governmental or community facilities such as administration, school, library, senior center, store, and churches. II. CITY'S SYSTEM DEVELOPMENT CHARGE 2.1 Determination of System Development Charge. That the MIT agrees to provide the City with a listing of all connections to the MIT's sewage system and agrees to pay the City a one-time System Development Charge, hereinafter referred to as SDC, for each connection to the MIT's sewage system. This listing will be updated by the MIT as needed on a monthly basis as an attachment to the monthly utility fee paid to the City. The SDC for each connection shall be as calculated utilizing Metro forms 1057, 1058, and 0461, latest revisions, copies of which are attached hereto, for Residential Customer Equivalents, hereinafter referred to as "RCE's The MIT has already pre-paid the SDC's for 230 RCE units with IHS funds in April, 1996. The current charge for a single family residential and every other RCE connection is $840. 2.2 This SDC rate is subject to change as described in Article XIV. of this Agreement. 2.3 The City agrees to waive the SDC for the 40 existing MIT homes in the Skopabsh Village housing area due to these homes being connected to the City sewage system since 1977. III. CITY'S USER FEE 3.1 Because the MIT has responsibility for ownership, operation and maintenance of the MIT's sewage collection and transmission system, the parties agree that the MIT will provide the City with a monthly user fee equivalent to fifty percent (50%) of the user fee charged to City customers. 3.2 The MIT will provide the City with 50% of the City monthly user fee as charged to the City customers. For other than single family residential connection, this will include an additional volume amount per month. The volume amount shall be calculated as follows: Exhibit "K- Resolution No. 2800 -3- Adopted 1/21197 i V = monthly volume from water service meter, in cubic feet R = current applicable rate, in dollars [V - 7501 * R * (0.5) Volume amount billing = -------------------------- (100) * (7.5) 3.3 Each connection other than single family.residential shall have a water service meter installed prior to sanitary sewer connection. Each single family residential connection shall have a water service meter installed prior to 1 September 1997, or prior to sanitary sewer connection thereafter. 3.4 This rate and the applicable percentage to ownership, operation, and maintenance is subject to change as described in Article XIV. of this Agreement. IV. METRO'S USER FEE 4.1 The MIT will provide the City with the Metro monthly user fee as charged to the City customers. For other than single family residential connection, this will include an additional volume amount per month. The volume amount shall be calculated as follows: V = monthly volume from water service meter, in cubic feet R = current applicable rate, in dollars [V - 750] * (R) Volume amount billing = --------------------- (100) * (7.5) 4.2 Each connection other than single family residential shall have a water service meter installed prior to sanitary sewer connection. 4.3 This rate is subject to change as described in Article XIV. of this Agreement. V. QUALITY OF SEWAGE 5.1 The MIT agrees to connect only the 40 homes in the Skopabsh Village, up to 230 units of residential housing, and those other facilities set forth in the City's Resolution No. 2671, page two, which are defined as "Tribal administration, Tribal school, library, senior center, Tribal store, churches that discharge domestic type sewage into the City's sewage system. The MIT will not permit industrial waste producing developments to connect to their community sewage system. For Exhibit "A" - Resolution No. 2800 -4- Adopted 1/21/97 purposes of this Agreement domestic type sewage shall be defined as that type of sewage which is contributed by a residential user. 5.2 The MIT agrees to enforce all sewage collection and transmission system effluent quality standards as required by the City, Metro and/or the EPA for all effluent discharged into the City's sewage system. The MIT shall deliver to the City sanitary sewer system only such sewage collected or received by the MIT as is in conformity with and subject to such reasonable rules and regulations as currently exist or as may be adopted from time to time by the City, Metro, or the EPA. The MIT shall not accept sewage or wastes from any person, firm, corporation, or other entity which is located within or without it boundaries, or is otherwise delivering its sewage into the MIT's sanitary sewer system, without written consent of the City. Should the MIT or the City at any time suspect that the effluent from the MIT collection system is not meeting these standards, the MIT shall make every effort to locate and eliminate the source of contamination. 5.3 Should damages to the City system result from effluent from the MIT's collection system that does not meet the standards of Section 5.2, the MIT will reimburse the City for any such damages. 5.4 The MIT's transmission of effluent to the City which does not meet the effluent quality standards as required by the City, Metro, and/or the EPA shall constitute a material breach of this Agreement by the MIT entitling the City to immediately terminate this Agreement for cause. without terminating this Agreement, the City may in its sole discretion and upon provision of notice to the MIT refuse to accept any effluent it believes is not meeting the effluent quality standards as required by the City, Metro, and/or the EPA and continue to accept effluent which does meet applicable standards. In such event, the MIT specifically agrees that the City shall not be deemed to have waived any of its rights under this Agreement and the MIT will not assert doctrines of waiver, estoppel, and laches against the City in any subsequent action pertaining to this Agreement and the rejection and acceptance of conforming and non-conforming effluents. Exhibit "A" - Resolution No. 2800 -s- Adopted 1/21/97 VI. SEWER COMMISSION 6.1 In the interest of continuing to promote better communication and cooperation between the MIT and the City, both parties agree to send a representative to participate in all regular and special meetings of the MIT's Utility District and the City's Public Works Committee. Both parties shall notify the other party in writing of all such meetings. 6.2 The MIT and the City agree to provide technical and operational assistance to the other party upon request and as resources of manpower or equipment or plant may be available on a cost reimbursable basis. If one party assists the other, the party assisted agrees to honor payment of billings for labor and equipment rental. Both parties will make available established hourly rates for purposes of encouraging this program. VII. SEWAGE FLOW MEASUREMENT 7.1 The quantity of sewage entering the City's collection system shall be measured by a flow meter located in the City's regulation station. The proper calibration of this flow meter will be the responsibility of the City. The MIT shall keep monthly records of the sewage pumps running time hour meters and of the average pumping rate for each pump for comparison and confirmation. of the flow meter calibration on an annual cycle. In the event that the flow meter appears to have malfunctioned, the hour meter readings and the corresponding flow rates shall be used to determine the amount of sewage that has been pumped to the City's sewage system until the flow meter repairs are completed. The MIT will report the total sewage flow as measured utilizing the pump running time hour meters estimated method to the City monthly, as an attachment to the monthly user fee payment. VIII. TRIBAL OR CITY OWNERSHIP AND MAINTENANCE 8.1 The MIT shall own, operate and maintain all gravity collection lines, sewage lift stations and force main piping located upstream of the City's regulation station and generally within the southeastern portion of the MIT Reservation in Sections 1, 2 and 12 of Township 20 North, Range 5 East, W.M., but, also including the gravity and force main piping located outside of the MIT Reservation boundaries in Section 35 of Township 21 North, Range 5 East, W.M., upstream from the City's regulation station. Exhibit "A" - Resolution No. 2800 6 8.2 The gravity and force main line located downstream from the City's .regulation station to the connection manhole at the corner of Auburn-Enumclaw Highway and 368th Street shall be conveyed to and be owned, operated and maintained by the City provided however that MIT residential connections will be permitted, but no non-MIT connections will be authorized without MIT written approval. 8.3 The MIT operations staff shall operate their facilities in conformance with the Plan of Operation developed with the assistance of the IHS during the design and construction of the facilities. 8.4 In order to maintain compatibility of design/construction operating systems, the MIT agrees to construct and maintain all property referred to herein in accordance with standards and specifications provided by the City. IX. INTERRUPTION OF SERVICE 9.1 It is understood that the City will periodically need to restrict or shut off sewage flow into their collection system in order to perform repair or maintenance on downstream facilities. For scheduled maintenance or repair activities the City shall notify the MIT, in writing, at least five working days in advance. Such notice shall indicate the work that is to be performed, the anticipated duration of this work, what restrictions or changes to the Plan of Operation will be necessary and a contact person for coordinating all activities with the MIT's operations staff. 9.2 It is also understood that emergency situations may arise that could threaten public health and/or the continued operation of the City's sewage collection system and the City may be unable to notify the MIT in the manner prescribed above (in Section 9.1). In such a situation the City shall use best efforts to contact the MIT's Utility staff (operator or Council officers) and request assistance in regulating the discharge of effluent from the MIT's sewage system. 9.3 The MIT, by reason of this Agreement, shall grant the City an access easement to pump station #2 sufficient to permit the City to regulate the sewage flow and to permit emergency repair work on the City's sewage system. A copy of the Easement form is attached hereto as Exhibit A and is incorporated herein by reference as though fully set forth. Exhibit "A" - Resolution No. 2800 7 A~4~,-,~,4 4 1"14 ~'"~ 9.4 The MIT agrees to assume liability, if any, for sewage back-ups, if any, within the MIT's sewage system that are caused by capacity shortfalls and flow control spill incidents within the MIT's sewage system, and will hold the City harmless from any such claims, all as more particularly described in Article X. of this Agreement. 9.5 The MIT shall procure and maintain in full force and effect throughout the term of this Agreement a policy of comprehensive general liability insurance with minimum coverage of one million dollars per occurrence/two million dollars aggregate for personal injury including death, and property damage. As a condition of providing service, the City reserves the right, in its sole discretion, to demand increased minimum coverage limits at five (5) year intervals from the date of signing hereof. In the event the MIT does not provide proof of insurance issued by a company approved by the City, with increased limits, within thirty (30) days of such request the City shall be authorized to procure such a policy on its own behalf and deduct such policy premiums from the reserve account established pursuant to this Agreement. Such policy shall name the City as an additional named insured and shall include a provision in such policy prohibiting cancellation or reduction in coverage except upon at least thirty (30) written days notice to the City. Cancellation or reduction of the required insurance shall constitute a material breach of this Agreement and, at the City's sole option, may constitute grounds for the City to immediately terminate this Agreement. Further, the MIT agrees to execute all documents and do all things necessary to allow the City, as additional named insured, to recover directly from the insurance carrier in the event of loss, without having to first commence dispute resolution proceedings or bring suit against the MIT. X. SEWAGE FLOW CAPACITY Release Monitoring, Metering and Regulation: 10.1 Conceptual Premises. The MIT and the City agree to the following conceptual premises with regard to operation and maintenance of the sewer system pursuant to this Agreement: A. Prior to City approval of sanitary sewer connection, the City shall approve construction documents as per the Four Party Agreement and the following plans, specifications, and conditions will be met: Exhibit "A" - Resolution No. 2800 8 1. The MIT agrees to construct and dedicate in fee title all infrastructure concerning the system, except for the regulation station vault to be designed and constructed by the City, from the upstream side of the vault, northwesterly to the City's receiving manhole near the City limits. (Exhibit B: general map illustration) 2. The City will design and construct the regulation station, downstream monitoring gauges, telemetry and control cabinet. The City will seek to coordinate this design with the MIT's consultant (IHS) to assure compatibility with the connection and regulation telemetry of the MIT's #2 pump station. 3. The MIT and City agree to cost share the City's design and construction effort referenced in Section 10.1.A.2. on a 50/50 percentage basis according to and for the mutual benefits accruing to both parties. The MIT agrees to pay its share of the City's improvements prior to construction contract award. No connection shall be allowed until such time as all payments are received by the City. 4. The MIT and City agree to share the monthly communication and any associated maintenance and repair bills as necessary to operate and maintain the telemetry system so long as the MIT's sanitary sewer system is connected to the City's sanitary sewer system. These costs will be included on each monthly sewer bill presented to the MIT. The City will be responsible for maintaining the telemetry system up to and including the telemetry intertie box located at the pump station #2. The MIT hereby grants the City and its system maintenance agents right of entry to all locations served by the City's telemetry system. 10.2 Regulatory Concept: Generally the system components consist of: 1. Downstream monitoring gauges will be installed at two manholes in the City's system for purposes of measuring, recording and telemetering "real time" control signals to the MIT's pump station that regulates releases to the City's system. 9 Exhibit "A"- Resolution No. 2800 2. A regulatory vault consisting of and containing a manual gate valve, a motor 'operated ball valve, flow meter, and telemetry devices shall be installed at a location along the force main downstream of Pump Station #2. 3. In Pump Station #2 the design shall provide an additional wet well surcharge minimum capacity volume of 1,400 cubic feet to accommodate pump regulation. Pumping capacity at Pump Station #2 may be overridden by City telemetry. Override telemetry will control operation of both high volume and low volume pumps, as the IHS has installed no variable flow pumps. As such, the only operations available are fixed high volume, fixed low volume, and all off - no volume. 4. The regulation of the pump station shall be responsive to the downstream monitoring gauge signals and the flow control valve in the regulation vault to assure the performance objectives outlined herein are met, and maximum flows are therefor not exceeded. 5. The telemetry system shall be capable of recording the actual flow data in digital'format on a continuous basis and down-loading to a computer system in both the MIT office and the City utility office via modem. The computer software will be capable of showing the real-time flow data at all monitored points (Pump Station #2, Regulatory vault, and monitoring gauges). 6. As the City and MIT decide to modify this Agreement to accommodate adjustments of release rates allowable, the telemetry system shall be capable of receiving programmable updates. 7. Prior to issuance of the connection approval the MIT and its contractor will perform commissioning tests to demonstrate to the City's satisfaction that the system accomplishes the following performance objectives: a. The pump station responds to regulate the flow releases to the City's system in such a manner that when the City's pipe being monitored is equal to or greater than 80% full as measured by Exhibit "A" - Resolution No. 2800 flow depth within the pipe, the pumping rate is curtailed, and if necessary, reduced to zero. b. As the City's pipe being monitored drops to a 75% of full condition, the system will query the status of wet well levels and pump down times to assess when pumps are re-energized to commence pumping. The system will periodically continue to query system status at such time as pumping decisions are required. c. The pump station can be calibrated to deliver flows as dictated by the City's downstream capacity available, and within the limits of flow control as provided by IHS construction to date. d. At a monitored one-foot surcharge within a gauging manhole, the regulation station will automatically shut off influent flow from the MIT's Pump Station #2, and influent flow shall remain off until the surcharge has disappeared. This will be the only condition mandating zero flow from the MIT's Pump Station #2 except for emergency conditions. 10.3 Maximum Flow to Be Accepted By City. The maximum allowable sewage flow rate from the MIT's sewage system to the City's sewage system shall not exceed the capacity available within the City's system at any time as determined by City monitoring gauges. Such flow can be released at any time capacity is available within the City's system. 10.4 Funding of Future Improvements By MIT A Condition Precedent to Continuing Flow to the City System. a. The MIT acknowledges that its share of funding the design and construction of any future capacity expansion effort of the City system is an express condition precedent to the City proceeding with expansion of its system. . Payment of this funding share by the MIT is necessitated by the fact that acceptance of MIT flow by the City will consume previously existing capacity, makes such capacity unavailable to the City, and requires subsequent improvements to the City-system in order for the City to have and maintain the capacity necessary for the City's own needs and uses. Such funding amounts may be credited against future MIT SDC amounts, if any. Exhibit "A"~ Resolution No. 2800 b. The prorata share of City system expansion projects between the MIT and the City shall be determined based on benefit received. XI. COLLECTION OF FEES, TERMINATION OF SERVICE, AND BREACH OF AGREEMENT 11.1 Collection of Development Charges, User, and Connection Fees. A. Payment as Condition Precedent. The Agreement is between the MIT and the City and no third parties, even though third parties may be indirectly benefited. As a condition precedent to connection and continued service, the MIT shall pay all necessary development charges and user fees. Additionally the MIT shall apply for any necessary City approvals on behalf of members or property owners within MIT jurisdiction who desire to be connected to the sewer system. The City's issuance of a permit shall be directly conditioned upon completion of those items specified in any particular permit as well as the MIT's payment of the permit fees. The MIT and the City expressly agree that the City shall not be responsible for collecting of SDC's, user charges, permitting fees, or any other moneys of any kind from any other individual or entity. B. Rstab]~shment of Reserve Account for Future System Rxpans~on and Related Costs. The City and MIT shall, upon execution of this Agreement, establish a supplemental reserve account in the amount of Five Hundred Thousand Dollars ($500,000.00) to provide for future funding of anticipated system expansion necessitated on account of increased flows resulting from this Agreement, non-budgeted uses of funds necessitated by natural disasters and other public health reasons, payment of insurance premiums, and any other unpaid charges or fees pertaining to the use of the system or permits pertaining thereto. The City and the MIT shall each contribute Two Hundred Fifty Thousand Dollars ($250,000.00) and the fund shall be maintained at this level with each party replacing the funds which are withdrawn on account of its respective obligations. The fund shall be established in a Restricted Use account of the Sanitary Sewer Fund as designated by the City. The interest accruing thereon, if any, shall be apportioned between the parties in relation to their respective contributions and any such interest and principal remaining at the termination of this Agreement shall be returned to the remitter of such funds upon such termination and settlement of all claims and disputes pertaining to this Agreement. The City shall, upon consultation Exhibit "A" - Resolution No. 2800 -12- Adnn~a 4/9"1/Q7 with the MIT, be authorized to immediately draw upon and use the funds in the reserve account for the uses and purposes herein mentioned. The City shall account to the MIT for all such funds used. Nothing contained herein shall derogate from the need of the MIT to pay in advance as a condition precedent for the City's performance under other provisions of this Agreement. 11.2 MIT's Right to Terminate Agreement. The MIT shall have the right to terminate the discharge of sewage from their sewage system to the City's at any time for any reason, or no reason whatsoever, by providing the City with a minimum of five (5) years' written notice prior to termination of such discharge. The City agrees to terminate this Agreement with the MIT at the date noted upon said written notice. Monetary and other obligations owed by the MIT to the City on the date of termination shall survive. 11.3 City's Right to Terminate Agreement. The City shall have the right to terminate this Agreement at any time for any reason, or no reason whatsoever, by providing the MIT with a minimum of five (5) years' written notice prior to termination. The City shall also have the right to immediately terminate this Agreement for any reason constituting a material breach. In addition to those breaches defined by law, the City and the MIT expressly agree that a material breach justifying the City to immediately'terminate service shall include, but not be limited to, the non-payment of SDC's or user fees, failure of the MIT to provide proof of insurance required herein, exceeding the number of type of sewer connections allowed under this Agreement, discharge of non-domestic sewage into the system, and/or failure of MIT to honor easements, and/or failure to fund the reserve account specified herein. 11.4 Right to Rely upon Notice of Termination. As between the City and the MIT, in the event that one party, hereinafter referred to as the "Transmitting Party," sends the other party a notice to terminate this Agreement, the party receiving such notice, hereinafter referred to as the "Receiving Party," shall have a right to rely upon such notice. Absent prior written agreement to the contrary, the Transmitting Party shall not be allowed to revoke its notice of intent to terminate this Agreement or to otherwise keep this Agreement in full force and effect beyond the termination date specified in the notice. This provision shall be effective regardless of whether or not the Transmitting Party actually changes its position, or the Receiving Party otherwise relies in any material manner upon the Transmitting Party's notice of termination. -~.3- Exhibit "A"- Resolution No. 2800 XII. DISPUTE RESOLUTION AND LIMITED WAIVER OF SOVEREIGN IMMUNITY 12.1 Dispute Resolution - Mediation. In the event the MIT and the City are engaged in a dispute which relates to this Agreement or any other issue arising relating to sanitary sewer, and they are unable to resolve said dispute within ninety (90) days, either party may request mediation of any dispute, in any manner agreed upon by the parties. a. Mediation shall be commenced by the party requesting it notifying the other party in writing of its request to mediate a dispute arising between the parties which relate to sanitary sewer and sewer related services. If the parties agree to enter into mediation within 20 days from such request the matter shall be deemed stayed and the arbitration clause continued herein shall not be put into effect. Mediation shall continue for no more than one hundred twenty (120) days at which point the mediation shall be deemed failed unless the parties have reached an agreement and have had such agreement approved by the governing bodies of each respective party and, if applicable, the Bureau of Indian Affairs. If such agreement is not approved by the governing bodies of each respective party or is not enforceable in the United States District Court for the Western District of Washington, the mediation shall be deemed failed and the unresolved issue shall be submitted to binding arbitration as set forth herein. b. In the event the parties do not reach an agreement to mediate within twenty (20) days of receipt of the notice requesting mediation by the non-requesting party, the matter shall be submitted to binding arbitration as set forth herein. c. Each party shall bear its own costs of mediation. 12.2 Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules. Judgment on the decision rendered by the arbitrator may be entered into the United States District Court for the Western District of Washington. Each party shall bear its own costs of arbitration. -14- Exhibit "A"- Resolution No. 2800 12.3 Limited Waiver of Sovereign Immunity and Consent to Jurisdiction of Federal Court. The MIT hereby waives its sovereign immunity and consents to the jurisdiction of the United States District Court for the Western District of Washington concerning disputes regarding the interpretation of this Agreement and the enforcement of any rights hereunder, including collection of any SDC's, User Fees, or other obligations or liabilities, in law or in equity, pertaining to hold harmless provisions of this Agreement. Such waiver of Sovereign Immunity and Consent to jurisdiction shall apply to no other court. This Limited Waiver of Sovereign Immunity and Consent to Jurisdiction has been specifically negotiated by the parties and decision of the City to extend sanitary sewer service to the MIT and a portion of the MIT's payments hereunder are expressly made the consideration for this Limited Waiver and Consent to Jurisdiction. 12.4 Disclaimer of MIT Tribal Court Jurisdiction. The MIT agrees that the MIT Tribal Court has no jurisdiction over the force, effect, and interpretation of this Agreement, nor the resolution of disputes which pertain to its implementation. The MIT further agrees that it has no authority to submit the City to the jurisdiction of the MIT Tribal Court with regard to any sewer-related matters or disputes which may arise between the parties. XIII. FEE AND CHARGES PAYMENTS 13.1 The City shall bill the MIT on a monthly basis for any fees or charges as determined in Articles II, III, and IV of this Agreement. The MIT shall have thirty (30) days to provide payment of the amount to the City from the date of bill issuance. 13.2 In the event that any payments for a sewer bill due under this Agreement shall remain unpaid in excess of the thirty (30) days from the date of issuance, then the bill shall be delinquent. In the event that a bill becomes delinquent, the City shall give the MIT fifteen (15) days' notice of its intent to enforce collection of said bill. A bill which has been properly addressed and deposited in the United States Postal Service shall be deemed to be presented to the MIT for payment. 13.3 If the MIT believes that the City's bill for fees or charges is in error, the MIT shall notify the City of the error no later than fifteen (15) days following the date of bill issuance, accompanied by any supporting documents. Within ten (10) days thereafter, the City and MIT shall meet to attempt to resolve the dispute. If the dispute cannot be resolved -i5- Exhibit "A"- Resolution No. 2800 informally, then the parties shall proceed pursuant to Article XII (Dispute Resolution). In any event, the MIT shall pay any uncontested portion of the bill within thirty (30) days after date of issuance. The MIT shall also continue to pay uncontested subsequent monthly bills as provided in this Section. 13.4 If the bill remains unpaid fifteen (15) days following the City's notice of intent to enforce collection, then the City' may at its discretion discontinue service to the MIT; provided that the MIT has not provided notice to the City pursuant to Paragraph 12.1. If the MIT has given such notice, the City shall have the authority to discontinue service for failure to pay only in the event that the MIT has not paid the uncontested portion of the bill. 13.5 If the billing dispute is resolved in favor of the City pursuant to Article XII (Dispute Resolution), and the bill remains unpaid for five working days thereafter, the City may at its discretion discontinue service to the MIT unless otherwise specified within the dispute resolution. XIV. CHANGES TO RATES AND CHARGES The City's and/or Metro's user fee rate structure and charges for the MIT shall be changed only at such times as the City and/or Metro adjusts its rates and charges through established procedures for all other users. XV. HOLD HARMLESS AND INDEMNIFICATION The MIT agrees to indemnify and hold harmless City, and its agents and employees, from and against all claims, damages, losses, and expenses, including reasonable attorneys' fees, which originate from events which occur on MIT owned or controlled land or facilities including, but not being limited to, sanitary sewer backups, floods, spillage, property damage, personal injury, and other types of sewage contamination, except that this indemnification shall not apply to the sole negligent or intentional acts of the City and its agents and employees. XVI. PERFORMANCE OF AGREEMENT Each party agrees that it will execute any and all instruments, documents and resolutions or ordinances necessary to give effect to the terms of this Agreement. Furthermore, the City shall have access at reasonable times and on reasonable notice to inspect the MIT's sanitary sewer system and related -16- Exhibit "A"- Resolution No. 2800 facilities for the purpose of verification of the number of hook ups, type of discharge, and operation levels which constitute the basis of the MIT's obligations to the City on account of fees and charges. XVI. AMENDMENT OF THIS AGREEMENT This Agreement may be modified only if such modifications are written and are approved by written resolutions adopted jointly by the Auburn City Council, the MIT Tribal Council, and the BIA. XVII. CONSTRUCTION AND INTERPRETATION. This document has been mutually negotiated between the parties. No adverse inference or ambiguity shall be construed against the party preparing this document for signature. No waiver by either party of any term or condition of this Agreement shell be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or a different portion of this Agreement. IN WITNESS TO THE TERMS OF THIS AGREEMENT, the parties hereto have subscribed their names: MUCKLESHOOT INDIAN TRIBE Virginia Cross, Chairperson, Muckleshoot Tribal Council Date: Consented to, Agreed and Approved as to Form: United States Department of Interior Bureau of Indian Affairs BY: Its: Approved as to Form: Tribal Attorney Exhibit "A" - Resolution No. 2800 CITY OF AUBURN CHARLES A. BOOTH, MAYOR ATTEST: Robin Wohlhueter, City Clerk PROVED AS TO FORM: Mike J. ds, City Attorney Exhibit "A" - Resolution No. 2800 MIT ACCEPTING RESOLUTION and CITY ACCEPTING RESOLUTION Exhibit "A" - Resolution No. 2800 METRO FORMS FOR RCE'S 1057 1058 0461 Exhibit "A" - Resolution No. 2800 - 2 0 - Adnnf~.d 4/? 4/Ct7 " ,!TIET[:IO Residential Sewer Use Certification (To be completed for all new sewer conneclions, reconnections, or change of use ol existing connections. This Iorm does not apply to repairs or replacements of existing sewer connections.) Pursuanl to Metro Council Resolution Nos. 5719 and 5968. all sewer customers who eslaial;sh a new service which uses metropolilan sewage Jacililies aher February 1. 1990 shall be subject to a capacity charge. The Motto Council has eslablished Ihe amount el' the charge a[ seven dollars ($7.00) per monlh per residential customer ar residential cuslomer equivalent lot a period ot' tiffeen years. The purpose oJ The charge is to recover casts ot providing sewage treairnont capacity |or new sewer customers. All lulure billings can be prepaid a~ a discounted amounL (Please prinl or type) Owners Name (Last. First. Middle Inidal) For Metro use: Property Legal Address: Subdivision Plat Account # Property Monthly Rate Street Address Six Month Due City, State, Zip Owners Mailing Address (If differenl from above) Owner's Phone Number ( __ ) Part to be Billed (it di~Yerent Irom owner) Pany's Mailing Address (if differen~ i~rom above) City or Sewer District Date of Connection: Side Sewer Permit # Residential Customer Please check appropriate box: Equivalent (RCE) [] Single-family 1.0 [] Duplex (0.8 RCE per unit) 1.6 ID 3-Plex (0.8 RCE per unit) 2.4 [] 4-Plex (0.8 RCE per unit) 3.2 [] 5 or more (0.64 RCE per unit) No. of Units x 0.64 = [] Mobile home space (1.0 RCE per space) No. of Spaces x 1.0 = I For condominiums, please fill out Supplemental Form A in addition to this form. I certify lhat the information given is correct. I understand that the capacity charge levied will be based on this information and any deviation will require resubmission of corrected data for determination of a revised capacity charge. Signalure of Owner/Representative Date Print Name of Owner/Representative ~as7 iRev. 5/91) White - Metro Yellow - Local Sewer Agenet Pink - Sewer Customer Exhibit "A" - Resolution No. 2800 ' rnSTFiO Non-Residential Sewer Use Certification (To be completed for all new sewer connections, reconnectlons or change of use of existing connections. This form does not apply to repairs or replacements of existing sewer connections.) Pursuant to Metro Council Resolution Nos. 57t9 and 5968. all sewer cuehomers who establish a new service which uses metropolitan sewage facilities after February 1. 1990 shall be subject to a capacity change. The Melro Courtall has established the arnaunl ot ~e charge at seven dollars ($7.00} per month per residential customer or residenl~al customer equivalent for a period of fifteen years. The purpose of the charge is Io recover costs of providing sewage re.ak'n'mnt capacity for new sewer customers. The charge is collected semi-annually. All Mute billings can be prepaid al a discounted aueslions regarding the capacity charge or Ihis form should be referred to Motto at 684-1740. (Please print or type) Ownet's Name Patty to be Bfiled (if tiffstoni from owner) Prcperty Legal Address: IL~,,. Fh,. ~i=,:so I,i,~ll Patiy's Mailing Address: (if diH~ren~ from propony address) Subdivision Ptat ProperTy Sireel Acdress C;ty. St::te, Zip City or Sewer District Cwner's Phone Number ( ) Die of ConnecUcn Owners Mairing Address: (if different from above) Side Sewer Pen'nit # A, FIxture Units B. Otllar Wastewater Flow Number of Fixtures x Fixture Units = Total Fixture Urils ('m addition to Rxture Units identified in Section A) (Public or Private) Type of Facility/Process: ~zlu~ Units I .No, o( Piz~u~ms Ba:htubs anQ'ar shower 4 2 Dental units or lavatory ! - Estimated Wastewater Discharge: Cisnwasher. commercial 4 - 0nnking Iounlain (each hea<~) 1 - Gallons/day HcSe bibb or sill cock 5 3 t Residential Customer Equivalents (RC E): }Laundrytu0orclotheswasher 4 2 187 gallons per day equals 1.0 RCE Sink. bar or lavatory 2 ! Total Discharge (gal/day) S~nk. clinic. flushing 10 - = RCE S;nk. ki{chen 4 2 e 187 Sink. other 4 Sink wash. circle spray 4 - C. Total Residential Customer Equivalents: Unnal. flush lank 3 - (add A & B) Urinal. petesial 10 - Urinal, wall or slall 5 - A Water closet lank 5 3 { Water closet, flush valve ! 0 6 + B , Total Fixture Units ~ Residential Customer Equivalents (RCE) = ~ } RCE 20 fixture units equal 1.0 RCE Total No. of Fixture Units I I RCE 20 = I certify that the information given is correct. I understand that the capacity charge levied will be based on this For Metro use: -. ..., · ';:. :'~".-.' :';:-~'information and any deviation will require resubmission : :~;:~:' :~': ':' ::~?::'!.;"corrected data for determination of a revised capacity Account # ' :. ;;: Ch a rg e, Monthly Rate "' !' ;:':. · .' : -"' · :. Signature of Owner/ SIx Month Due - · : , ..~ :-, .:. . Representative Print Name of Owner/ ; :. . ,.... Representative .. ....-. Date :a.'a r~o.. ~, White - Metro Yellow - Uo~., S~wer ~ge.~7 Pi.~ EXhibit "A" - Resolution No. 2800 , ITIETRO Residential Sewer Use Certification Supplemental Form A For Condomlnlums -. Please complete this form for condominiums only. Attach additional sheets, If necessary, using lhe same format. BIll condomlnlum association [] Bill Individual owners [] Building No. of Units Closing Number per Building Address Unit # Homeowner Date o,o,,,~ A-1 2 2345 Seattle Avenue 101 John Smith 01/01/91 c46~ {5a~) White - Metro Yellow - Local Sewer Agency Pink - Sewer Customer Exhibit "A" - Resolution No. 2800 EXHIBIT A EASEMENT FORM Exhibit "A" - Resolution No. 2800 AFTER RECORDING. RETURJq TO: Ci|y or Auburn 25 West Main Street Auburn, WA 98001-4998 A'71'N: City Clerk EASEMENT (CORPORATE FORM) For and in consideration of the sum ofone dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, , hereby conveys and warrants to the City of Auburn, Grantee herein, a Municipal Corporation of the State of' Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of'laying, maintaining, and installing AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBIT "A", ATTACF[ED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede fi. dl use of the real property within the above-described Easement by said Grantee for the above-described purposes. Said Grantor may fence across said Easement and/or along the boundaries of said Easement provided tha! a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of', and access and egress to and from the real property within the above-described Easement. If'said gate is to be locked, keys shall be provided to the Grantee. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its property officers and its corporate seal to be hereunto affixed this __ day of , 19__ GRANTOR BY President BY Secretary STATE OF WASHINGTON) )ss COUNTY OF KING ) On this day of ,19 , before me, the undersigned, a Notary Public in and for the State of Wa~n, duly commissioned and sworn, personally appeared and , to me known to be the and the respectively, of , the corporation that executed the within and foregoing instrument and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date herelnabove set forth. ' ' NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT MY COMMISSION EXPIRES Exhibit "A" - Resolution No. 2800 · EXHIBIT B GENERAL MAP ILLUSTRATION -p. 2- Exhibit "A"- Resolution No. 2800 ' :': · :E:'::'.':'.-'.::~ ...E :. :: .:: :' .,:..:..:. ' I ' ' .. · i!:: .'::::i'- ,.:...' :.:~: .;:.: '-" ... ::: -.:. :. :.. :. · ' I .... :..-...... ~: ................ · ' .:~ .. i::.:7:. i:':.!:!ii::' .x ul~L[o~ ...... V~ulL , .... /:. I f_ ~/.' :.. · ~:...: · .::~EL~:Z.:: '::E":::'E:"'.:~ ~:: ',~'E LE':'::Z?:~:L~. ...... ":.:'T':.'::7:'-::'::::"" }"':".'-:-~::7..~::?:.:.:. ...-:.....:./...:?.~::.:~'.:::::.~:.~ : "":' ' .... ('..':.::.~.~.'">'~ ~ ~ ' ':' ~ ""~ ~[L -. % .. :':'-- .C<'~':-'. ::.~-:~;; :~":' . .:.".:~;::.:'- :.-. ..... -.."' :.:-:'~::~:....: .::~.:~:.:::: ~ " '23 '-Z:: ':::;.~':::."':':E;~'L.:]Z . · .... .' · .~ .' ~--~'~:-' , :":.7~: . . .......... ~ ~ ~ 7:~:."~: J~ "x . . ':":" ':' ::' '::: ':; :" '. :. ~:5 ~:' .::. '2:: 'C: ~":' ;'' ': :":; "' '?.'~:"~.'.' .:. :_.: ", -. ',: ', ", '..---':.-,: .' ,.: L.'.'.'::'.~.., .: ','. : · :- .L, .. . .. ~ ' .I ' Z ." ·.. . · ..,.. . . · '..Z.:'..'., .:'.... ,..."'..:~.':'. '.': '.': 3.: 4' . .....,;7:2: Exhibit "A"- Resolution No. 2800': ": '.': '-', .... :... -.:. Adopted 1/21/g7 % · ~ ~ ~,,~ · " ' :::7: [ "E "~7':.~:" ?'~'?::::"' '. ':-..:': .::- '.-: · -:-.-':- ORIGItV L 1 RESOLUTION NO. 2 6 7 1 A RESOLUTION OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, 3 AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT AMONG THE INDIAN HEALTH SERVICE, THE ENVIRONMENTAL PROTECTION 4 AGENCY, THE CITY OF AUBURN AND THE MUCKLESHOOT TRIBE OF THE MUCKLESHOOT INDIAN RESERVATION WASHINGTON, TO PROVIDE FOR A 5 SEWER CONNECTION FROM THE TRIBAL COMMUNITY SEWERAGE SYSTEM TO THE CITY SYSTEM TO RESOLVE CURRENT HEALTH PROBLEMS ON THE 8 RESERVATION. 7 8 WHEREAS, the Muckleshoot Tribe of the Muckleshoot Indian 9 Reservation Washington have applied to the Indian Health 10 Services, IHS, and the Environmental Protection Agency, EPA, 11 for funding under the Clean Water Act for the purposes of 12 resolving a health hazard problem on the Reservation due to 13 inadequate sewerage collection systems; and 14 WHEREAS, the City of Auburn, City, desires to aid the 15 Tribe in resolving current health problems; and 18 WHEREAS, a Memorandum of Agreement provides that a Sewer 17 Connection Agreement will be negotiated between the Tribe and 18 the City; and 19 WHEREAS, the negotiations for the Sewer Connection 20 Agreement have not yet been completed; however, to facilitate 21 the Tribal receipt of the grant the City will to continue to 22 negotiate for the Sewer Connection Agreement to allow a 23 connection under certain specific terms and conditions of 24 which the Tribe is in agreement on; and 25 26 Reso~ut]0D No. 2871 September 12, 1995 Page 1 WHEREAS, the implementation of this Memorandum of 2 Agreement which will allow connection, does not have any adverse environmental effect because its sole purpose is to 4 cure existing health problems; and 5 WHEREAS, in the negotiation process the City had expressed concerns on the possibility that if there were a 7 connection to the City system that the Tribe could, at its 8 option, connect in, on its system, commercial uses; and 9 WHEREAS, the Tribe has agreed in exchange for the 10 connection that it will not allow connections other than those 11 of existing residential and specific commercial facilities 12 such as Tribal administration, Tribal school, library, senior 13 center, Tribal store, churches and current residential; and 14 WHEREAS, the Tribe has indicated a desire to build 15 additional single-family residential housing for its members 16 on Reservation property and desires to have those housing 17 units connected to the sewerage collection system and the 18 Tribe has indicated that such connections will be limited; and ]9 WHEREAS, the City agrees pursuant to the Memorandum of 20 Agreement that the Tribe may connect a limited number of new single-family residential housing units for Tribal members on 22 Reservation property to the system and for purposes of this Agreement a limited number shall be less than one hundred 24 (100); and Resolution No. 2671 September 12, 1995 Page 2 ] WHEREAS, the Tribe and the City will proceed to negotiate 2 a Sewer Connection Agreement in the future to provide for a rate structure and payment terms, terms and conditions for the 4 connection of the Tribe sewerage collection and transmission 5 facilities to the City's sewerage system; terms and conditions for future Tribal connections into the system; all terms and 7 conditions for continued sewer service. 8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 9 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 10 RESOLVES THAT: 11 Section 1. The Mayor of the City of Auburn is hereby ]2 authorized to execute a Memorandum of Agreement among the 13 Indian Health Service, the Environmental Protection Agency, 14 the City of Auburn and the Muckleshoot Tribe of the Muckleshoot Indian Reservation Washington. 16 Section 2. The Mayor is hereby authorized to implement 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation. 19 20 2] 22 23 24 25 Resolution No. 2871 Se~ember12,1995 Page 3 1 DATED this 13th day of September, 1995. 2 3 CITY OF AUBURN 4 HARLES BOOTH 6 C A. MAYOR 7 8 9 ATTEST: 10 11 Robin Wohlhueter, 13 City Clerk 14 15 APPROVED AS TO FORM: 16 17 ~~ 18 Michael J. Reynolds, 19 City Attorney . 20 21 22 23 24 25 26 ResoJution No. 2671 SereruDer 12, 1995 Page 4 MEMORANDUM OF AGREEMENT ~ T~ THE INDIAN HEALTH SERVICE THE ENVIRONMENTAL PROTECTION AGE':" TY THE CITY OF AUBURN AND THE MUCKLESHOOT TRIBE OF THE MUCKLESHOOT INDIAN RESERVAT_C] .?.: WASHINGTON' PUBLIC LAW 86-121 PROJECT P0-94-690 This Agreement is made among the Indian Heakh Service, h,ere-.-.~'-ter referred to as IHS, at:--dng through the Director, Portland Area Indian Health Service, Dep~ ...~nt of Health and E:.-.~man Services, under and pursuant to the provisions of Public Law [& - :21 (73 Stat. 267); the E.-..~vironmental Protection Agency, hereinaf~er referred to as EPA, act:"Z: ',~xough the Regional A:.:aministrator, Region 10, under and pursuant to the provisions of the C~-ezn Water Act,. as ar. nended; the City of Auburn, hereinafter called the City, acting thro~:u.~. '_ t~e Mayor; and the ~X:_:ucldeshoot Tribe of the Muckleshoot Indian Res,.~va~,on, hereinaft~ ~ed the Tribe, acting tk.~ough the Chairperson of the Tribe. - WEREAS, the Tribe has identified the nk-~xt for major impro:-e..-:~,~---nats in the sewage iiection, treatment and disposal facilities on the Reservation; and. WHEREAS, the Tribe submitted a Project Proposal to IHS on 3,'.::~.' 24, 1993, requesting cc..,-nununity sewage system improvements and has mbmitted an appli~----:ze-~ to EPA for assistance u:.:der the Indian Set-Aside provisions of the Clean Water Act Amendr.~..~:s; and. x,~q-IEREAS, IHS responded to the Project Proposal by indica[---2: z:s intent to assist the T.~ibe in improving the community sewage system; and. WHEREAS, IHS and EPA concur in the need for a sewage co"~r Uon and disposal sy ~-~tem to protect the health of Tribal members and to safeguard the er;:.:,-'w'c~--~ment in and around tl:e: Reservation; and, WHEREAS, IHS and EPA have entered into a .Memorandum cf '.'jnderstanding to cccoperate in assisting Indian Tribes to address se~x2ge u'eatment and ~rcsal needs under the ~nstruction Grants Indian Set-Aside Program; an&-. V~I-IEREAS, EPA has approved the Tribe's appZ, cation and ha~ __-_-_-_-_-_-_-_-_~._%..~3'ed funds under the Iz:.:iian Set-Aside provisions of Section 518(c) of the Water Qualit).' Az.-.:-~._~endment of 1987 ff 'L. 92-500); and, P0-94-690 WHEREAS. a:.z~it~o,-al funding is available under compa.maon project ?O-95-879 to comF~ete additior::-' ~_:..vrovements to the community sewer sy.--ter,: to serve t2:e proposed HUD horn~ being cor~'~-az-~ u~der HU'D project WA 40-3: and, WHERE.-'5. -~:__=: Tr2be, EPA and IHS entered into a Pre:irr.:nnary Merncr,_..ndum of Agreement execur_e,~ ~-- · the Tribe on September 29, 1993, the EHS. on October '. 1993, and the EPA on Novembc i 5. ! 99.'3. to provide for the planning phase of :2~ne project ~ outlined in the Preliminary Eng~,7. g Report: and, WHERE,-x,S. fr2. e IHS has completed the planning phase of :2-me project -~d is ready to initiae the desigr_, an-: :.::on---:2'uction phases of the project; and, NOW THERE::'ORE. in order to carry out the project as set, t forth in the attached Project Summary entitled, "S_:-_,.NTTATION FACILITIES CONSTRUCHO2~N OF A COMMUNITY SEWAGE COLLECT_ ' DN TRANSMISSION SYSTEM TO KEPL. ,ACE FAH TNG SEPTIC SYSTEMS ON T":E 5 .; :UCKi, ESHOOT INDIAN RESERVATION. ~, KING COU'NTY, WASHINGTON. L_'N22ER THE LN'DIAN SET-ASIDE PROGRAY, I 1 OF THE CLEAN WATER ACT - 1987 AM~.'D!, .,!EN'I'S, THROUGH THE ENVIRONM2EN,.'TTAL PROTECTION AGENCY, PUBL2 C L--:~,W' 8(>- 121; PROJECTS PO-94-690 AND PCO-95-879'. dated June 1995, the parties mutuaL2',' Triba2 Contributio:'~ 1. Tkz<-- fre Tribe shall designate by letter from the Cr, a,,irperson to :he parties a Project RepresenT_..rlve ' :o coordinate its participation under this prcj pect. 2. ~ ~ Tribe hereby grants permission for IHS. E?:'A and the City and their representatives to ent,~.-: upon or cross lands of the Muckleshoot Izdinan Reser,'a_.fion to carry out the project as out:':nec2 .=n the attached Project Summary and as pmvTided for in :his Agreement, and ~arther agrees :o ;-:2ire all clain'ts which may arise by reason of: entry upo= such lands, except those whick q-: :iifv under the Federal Tort Claims Act. 3. Tka ~ 'Tribe shall provide, at no cost to IHS or Eaz'A, all req'uL-~' lands, easements, and ri,Z_;nt_~zr-f-v,~y over lands controlled by the Tribe ne--,.z. essary for construction of the sewage disposal ff.~412-_=es. as des,."ribed in the attached Project S~ary. All iz~erests in such lands. easements. -_no;. _-:ngh=--of-way shall remain in the name of tke Tribe. 4. Tkz.= ~ Tribe s-hall provide necessary administr~ve % clerical. u_-ility and operator support to assist i- -..he _s2esign and construction phase of this proj~:-.. 5. Tkzr.= 7.~ Tribe shall develop and adopt before soEci:.'Tation by [Hi for construction bids appropriate doc,r_--_.ents governing the operation and mainter. aaace of the -pr'-.-.posed facilities, including an ordir_znz~_ ru!~ and regulations, plan of operation. z:.r,j user fee ~hedule (or other P0-c-~--690 acceptable sources of revenue): that the Trik: shall implement specified procedures no later upen completion of construction of the proFgsed facilities. 6. That the Tribe s.~311 secure. ~.:..ncr to construction of the proposed facilities. the services of an operatcr certified by the Stare ' c 5 Washington, Department of Ecology at the I~.'~ 'e 1 appropriate to the fac:"ities consa-ucted. 7. That the Tribe shall negotiaze :- a Se'~gZe Connection Agreement with the City :a; provide for the follo~ag: rate structure and rpayrnent terms; terms and conditions for the connection of the Tribe's se,,,,~ge collection -:zmd transmission facilities to the City's sewage system; and all tenns and conditions for cor,.amued sewer service. 8. The Tribe agrees to collect a": month.lv user fees from all homes connected Tc -23.ae Muckleshoot sewage collection and tran-qm.!--~sion facilities as outlined in the Project Surtm~-'2.: and will compensate ',he City at the agreed ..~_.2e structure provided for in the Sewage Conne~aon Agreement with the City of Auburn. EPA Contributions 9. That EPA shall designate by 2:er'.er to the parties a representative to coordinz~* ::ns participation in the Project. 10. That EPA shall provide to IY_z., technical assistance as needed to help meet applicable requirements to conduct succesS:uiiy the design and construction phase of the ~ :eect. 11. That p'arsuant to this Agree=hi. EPA shall transfer to IHS, through an Inter.- Agency Agreement, lands in an amount nc: :.:o exceed $2,086,000.00 to provide the sewage facilities described in ,,he Project Summar2,.-. Cir,' of Auburn Cont~butions 12. That the City shall designa2 _-n.:,- letter to the parties a Project Representative coordinate its participation under this Proj~:_. 132 That the City shall negotiate z_: Sewage Connection Agreement with the Tribe. provide for the follox~tng: rate structure at:2 :'!3ayment terms; terms and conditions for the connection of the Tri~'s sewage collectio: -nnd tran.maission facilities to the City's sew~e system; terms and conditions for future TrYrz. z-i connections onto the system; and all terms a"c2 conditions for continued sewer service. 14. That the City ~ees to ~':: the cor_,nection of existing domestic sewage, ~s :r f September 1, 1995, and future residential. r:.n~e family housing units only, to the extent o5 capacity allowed under the A~"eement to ~ r negotiazed, entitled "Sewage Connection Agreement" referred :o in Para_.yazphs 7 an:2 i _: above. PO-94-69~ Ipdian Health Service Contributions 15. That IHS shall designame a Preject F:--gineer to manage the Project on behalf of the Tribe, as described in this Agreement: and the attacb~ Project Summary. 16. That IHS, utilizing EP?A's con:ributic.~ shall provide all labor, supplies, materials. equipment, and professional and admnini-~trative services required to design and construct the facilities described in the Project Sunmmary, hacludi~g but not limited to engineering design and management, construction procuremean:. contract ac~:ninistration and management, construction inspection, reporting, final inspection... and ~-.rranty enforcement. 17. That the IHS will coorc~mate with the City all construction inspection activities of the sewage collection and transmissioon facilities as provided for in the Project Summary to ensure compliance with the approved t plans a. nd specifications. The IHS will provide a completed Facility Extension Appliczation for all wc, rk performed on the City's facilities,. 18. That IHS shall certify :and pay all ap;.licable construction contract payment requests and provide copies to the T~:ibe and EPA. 19. That IHS, as man~er c of the funds o5 this project, shall establish a separate account and set of accounting records_. reflecting all zransactions using funds received from EPA for this project; that IHS shall charge: m the project c, nly those direct costs necessary or allocable to the project; that IHS shall provide: :o EPA and the Tribe, upon request, detailed accounting data related to costs incurred for tee gt~roject; that an.',- change in the financial status of the project that would require a monetary cor~--i~utrdon from the Tribe shall be reported by IHS to the Tribe within 48 hours of discovery. 20. That IHS shall proxY, de: to the Tribe and EPA ~thin 15 working days of the end of each quarter-year a brief report on prco_m~ess of the project, including funds expended and significant events. 2 1. That IHS, as pan of its ~ contrac~ requ27. ements, will obtain from funds made available by EPA, a one (I) year ,~arrranty for the Tr.'be from IHS contractbrs, suppliers and manufacturers on all equipment, ~'ork_L and supplies provided under this Agreement. In the even: of a problem occurring within the fu'rc: >-ear o f insta2ation of IHS-installed facilities, equipment or work not protected by the warr~fiees of the supp.Y~s or manufacturers, IHS will correct the problem, subject to the availabili~- of :' ~-'nds and sta5 resources, as determined by IHS. Design Review 22. That the IHS shall mbmnit to ~e Tribe, EPA and the City for review and tommen: and approval the draft and final des-i_~..-: including the plans and specifications for the sewage system collection and transmissio: faec~ties and sh~ incorporate all reasonable requirements from said reviews into the final de,_'i,_,_n::. The EHS w:" incorporate in the design of the primary P0-94-690 .~wage lift station provisior~ :3: prevent and/or min!:ffze an>' envirorm:en:atal eff¥cts caused by ~-:v surface or subsurface c,~ e~tiowing discharge or l~e from the IL~. !:atation. F'::oject Technical Support 23. That from ~e :zc. raa/funds made ava~Iz':;e t~ this project ~-v: me EPA, an amount of 10% will be utilized by IHS 5: r: Project Technical ST_. po~ that the fu~ s shall be used to cover technical support costs sucl: as: _,_-~cknician's wages. trz'.-,'el. and other su~cr::'t costs; clerical .capport; testing, printing, artS. cuther indirect technicaZ support costs assccicaated with the planning, 6esign, and construction of ~.e ~ sanitation facilities pr..jec-.-._s. Project Schedule and Work 24. That in the ir2~est ofcoordinatiom tr. der,;,anding and ezcr.,nomy. before design or c.,3nstruction of the project b~Z-:-"ms a Work Plan and p::.Lori.-,.' for the sche~--:-'.~ing and conduct of the Project shall be prepared by -:'e: IHS Project Enginee:. in direct consul-t~c.':n 'Mth the Tribe and EPA. The Work Plan will .~..ec-~,:,'f2,.' the critical projec: work elements tc ~e ~ accomplished by IHS, the Tribe, the City and EPA. znad a time schedule for :ompleting them. 'T..:ne Work Plan may be modified or amended by the ?~ect Engineer with the ar?roval of the .'r~.~e and EPA when r, ecessary to facilitate acco~ii~hment of the Proj Special Provisions for Proje: F~sunding 25. That if the a~-,~.~ t costs of providing tY_ese eligible facili:es 3 and services described i-n the Project Summary are 3-~z 3 than the total of $2,C'~6,C,00, then the ~_.~?.rence vdll be returned to EPA on a pro-rata basis. Z_ .' on the other hand, ~ r~y point during citron. con.swuction or Vroject closeout the projecti:~ :' xbr the cost of these fa:ili~es exceeds $'- 2~,~6.000. then IHS will r',atify EPA and the Tribe hr.:e'zdiately. No additior~ work shall be pe'_'or:Tmed by the IHS beyond the amount of funds '-.:'a'ailable until additien~ ~ding has beer :r~rovided by the parties and formalized in an Amenc:--er. nt to this Agreement- Any additional c:n:.'nribution by EPA shall be subject to the availabili~' :f :' funding and prior apt --'rov----I of EPA. Final Inspection 26. That representa,.':ve:3 from the Tribe, E?A. the City and IH5 _:~..~all conduct a joint final '~x_~spection to certify that all :e-.v~'ly consumeted se,a~.Ze facilities are in :.:=-=pliance with the Lp. proved plans and specific -7_2o uns and are installed iz accordance with ~ z applicable roles and regulations. Special Provisions for Direr.- ?rroject Managemen: b~- IHS 27. That IHS sh.C-~ 2z. ssu.'y,e tha: all expendi:res under the Pr:,~r:: are in conformance ,.vith and necessary to perfor-_ :.me scope of work de_~bezl in the attac;_~: Project Summary; that t_.~on conclusion of the Pro.ie:~. IHS shall provide :o iPA and the T~lx ~: :omp~hensive listing ° P0-94-690 of all exper. zz:.~..-es under the Project, and the Director, Sanitation F-":ilities ,2onstruction for the Ponlarxd A.. .... ',ff~ce shall confirm in writing the determination ~. z'.l suc~ expenditures were in conformx:c~- ~ -.~'::~ 'the approved scope of work in the Project Su:::.z- .,. 28. ."nat upon completion of construction, IHS, follo~:~.- - its nc.--'mal procedures for final L-x.spec-.: -' :-_ ~nd evaluation, shall determine that the facilities L- ~ e beer- -.'onstructed as designed az:-' -_- c. onformance with the approved scope of work i~ r_~ ~ Proje-c: Summary. 29. ?nat during the first year of operation of facilities c?~su'ucte~ IHS shall provide technical ~.s~:~;~-?z.~ce to help the Tribe to assure on-going compli~ - with ir..s operational permits and desi~ ;.~-',--L--~eters; that as part of its normal warranty inspec~,z: proc6~res, IHS shall conduct acc c, : : ,_ ehensive inspection of the facilities constructed. sh:~i provS:ie for warranty correctiov~ :.~r. zc. cordance with Paragraph No. 21, and shall provi& :recommmdations and techtticaI ass~sL~2.nce tO help the Tribe demonstrate compliance ,,x~,~_ .-r.s opet-~onal permits and design pa.~.-:::-'-'~'--~:'s. Transfer ~.~ ~ C'v,~aership of Facilities 30. ."hat in consideration of the contributions made an~ ::.he resFensibilities assumed by the Tribe_. "'-2S, upon completion or termination of the Project ~ tran..~er to the Tribe, thro:ugh a Tz~-:~r Agreement executed by all parties to this A~__2.ent, aE fights, title, and interest of E-~S Ln all sewage facilities and equipment constructe,5.. _----_zchase~. installed, and/or rehabilitate:: ::~-~er this Agreement and all subsequent Amendme.'7:-. 31. _'That the Tribe agrees to accept transfer of these fa:' -:~es and agrees to operate, mainr2in an:: r_.-:3_,air them as the property of the Tribe, and to kee7 ::2..'zrn in effective operating condition fcr r ~ long as users are connected to the facilities. 32. _"hat as required by the Clean Water Act, in reco~_eT-::,n of the facilities provided under this F.'-rc- ~:.t. the Tribe shall comply with the following pro~:r_z ~ns: a. ."he Tribe agrees to operate and maintain the faci!~'-.~ _~ prov~ed through this ?roject in a proper manner while in Tribal owners'----_. conere: or use. The Tribe shall obtain EPA approval before sale, transfer or ~...-7'~-ndonment of any of the ?roject facilities. b. ?he Tribe agrees to comply fully and cooperate ~x7.~: -me perz'Drmance review ~tivities being conducted by IHS, ongoing duri n-Z Z~--~ first fear in service, whereby the operation and maintenance of the ne~ _~::ilities ~d the overall ::uality of the facilities are observed. P0-94-690 General Prc-0~'isions 33. That the terms of any required Amendments to this A~_:reement shall be drafted by IHS and ne?:ctiated by the ;~.rties within 30 days of identification of ::me need for an Amendment by any P.q"2-..' 34. That at the end of the project, IHS shall submit a proje. r-:t completion package to the parties c:' -: this Agreement, including a Final Report and complete :: financial summary to close out the Pro-'.~ct. All project files and financial documents shall be re~--_.nmed by IHS in accordance with audit r:-cquirements of I/IS. 35- That this A_~'eement shall remain in effect at least unr2 .i the earlier of the tbllowing dates: a. The dat~ when all terms of this Agreement hay~_ e been met, or b. Dec~-maber 31, 1997. 36. That ifi afro: the date specified in Paragraph No. 35, L'-r.y project elements as specified i.-- :.me Project Work Plan are not completed by the responsi'rj~!e party(s), then an Amendme".:. shall be nego.~aed within 30 days between the parties. ~:.,vith IHS assuming the lead role, to de.~zee a plan to complete or terminate the Project. Any such :.~greement shall include a provision tha-: all project facilities, complete or incomplete, shall becz.-::,_me the propert2,.' of the Tribe, and :Lmat all EPA ftm~ not expended or obligated shall be trar. zfferred immediately from the projec; -.,-ccount to EPA on a prorated basis of the EPA cash conm:-i~ution to the total project cost. 37. That any dL-~utes among the parties to this A~m'eemer...: shall be handled in accordance .-with IHS's disp:~-:e resolution procedure prescribed under. '5 Section 3.2E of the Guidelin~ fzer the UtilizarZ,.-n of the Memorandum of Agreement by -.__xne Indian Health Service Sanitation F::e. cilities Con..rr. action Program. Concurrezce' with Project S',Lmrnary and Memorandum of Agreeme:: 38. That each F-a'~.' to this Agreement has reviewed and cz:oncurs with the combined Project S~-'- -:nary for PO-94q590 and PO-95-879, upon which this A_f. zeement is based. pO-'c~-~-690 IN WITNESS TO THE TERMS OF :"'THIS AGREENIENT, the parties hereto have sub_~ribed their names: FOR THE N.c__'CKLESHOOT TRIBE: Date C'h~-dJ-~'kl~bal Council, having been duly authorize,~ :c =..-mater into this Agreement on behalf of the Muckleskc, x _'L:ribe, as evidenced by the attached Resolution mn.~cle by the FOR TFEE ~ OF AUBURN: Date Mayor, C.-v cr -' Auburn FOR THE B.2DIAN HEALTH SERVICE: Date Director, P~-r--~d Area Indian Health Service, Department of Health ari E:r:rrnan Ser,.4ces FOR TH~ ='2CcVIRON~IENTAL PROTECTION AGENCY: Date Director. Xv--_-~r Division, Region 10, En~iror__2~ i Protection Agency _:SUPPLEKENT AGREEMENT TO ~OI~ANDUM OF AGREEMENT A~ONG '.'THE MUCKLESHOOT TRIBE OF THE If~C~LESHOOT INDIAN RESERVATION WAS_NTWGTON TIlE CITY OF AUBURN This Agreemenz is entered into this /5.~day of September, 1995, heetween the Muckleshoot Tribe of the Muckleshoot Indian F~eservation, hereinafter referred to as the "TRIBE" and the City of Auburn, hereinafter referred to as "AUBURN". WHEREAS, the i2ity Council of Auburn authorized the Mayor enter into a ~eemcrandun of Agreement among the Indian Health Service, the BPA, Auburn and Tribe at a special meeting of the 5llty Council on September 13, 1995, contingent upon the execution of this Agreement; and WHEREAS, the ~-2zrpose of this Agreement is to establish a clear understand=-.c7 of t_he goal of negotiating the finance section of the Sews~ee Connection Agreement; NOW THEREFORE, based upon mutual consideration the parties agree as fcliiows: Supplemental Agreement September 13, 1995 1. The TRIBE ~-_-i AUBURN agree to negotiate a Sewage Connection Agreement. one element of which will be allocation of costs, both operational and capital. In negotiating this elem=_rnt the parties will allocate costs to the party that is utili~zing or will utilize the capacity. MUCXLESHOOT TRIBE VIRGINIA CROSS, Chairperson MUCKLESHOOT TRIBAL COUNCIL DATE: APPROVED AS TO FORM: ROBERT L. OTSEA, JR. Tribal Attorney Supplemental Agreement September 13.1995 Page 2 (tegat/agree sa-mt) CITY OF AUBUI~N CHARLES A. BOOTH Mayor ATTEST: Robin Wohlhuueter, ' City Clerk APPROVED A~ TO FORM: Michael J. F~eynolds, City Attorneey Suppleme~.al AGreeement Se~embe,," 13, ~9_c.c5 Pace 3 · Muckleshoot Indian Tribal Council 39015 172nd Avenue S.E. · Auburn, Washington 98002 , (206)939-3311 TO APPROVE A S]LNITARY SEWAGE CONNECTION AGREEMENT BETWEEN THE CITY OF AUBURN AND THE MUCKLESHOOT TRIBE WHEREAS, the Muckleshoot Indian Tribal Council is the duly constituted governing body for the Muckleshoot Indian Reservation by authority of and is herein acting solely pursuant to its constitution and by-laws approved May 13, 1936, by the Secretary of the Interior, and as amended June 2e, 1977, and not pursuant to its Indian Reorganization Act Corporate Charter ratified October 31, 1936; and WHEREAS, parts of the Muckleshoot Indian Reservation not currently served by a sanitary sewer system have had a continuing public health problem because of inadequate and failing septic systems, which has also limited additional housing and other opportunities for the Tribe; and WHEREAS, the Muckleshoot Tribe, through federal and tribal funding, is having constructed, and will operate, a sanitary sewer system on the Muckleshoot Indian Reservation in parts of the Reservation not currently served by a sanitary sewer system; and WHEREAS, the Tribe desires to discharge the sewage from its sewer system into the King County/Metro sewage treatment system by transmission of the sewage through the City o[ Auburn's sanitary sewer system; and WHEREAS, the Tribe and the City of Auburn have negotiated the attached Sanitary Sewer Connection Agreement, which provides the terms upon which the Tribe's sanitary sewer system will be connected to the City of Auburn's sanitary sewer system; NOW THEREFORE BE IT RESOLVED by the Tribal Council of the Muckleshoot Indian Tribe that the attached Sanitary Sewage Connection Agreement between the City of Auburn and the Muckleshoot Tribe is hereby approved, and the Chairperson of the Tribe, or in the absence of the Chairperson the Vice-Chairperson, Resolution No. Page - i is authorized to execute the originals of the Sanitary Sewage Connection Agreement; NOW THEREFORE BE IT FURTHER RESOLVED that the Chairperson of the Tribal Council or in the absence of the Chairperson, the Vice- Chairperson, is hereby authorized to sign, execute and negotiate all contracts, agreements and amendments thereto on behalf of the Tribe without further adoption of a resolution in the securing and performance of this activity throughout its duration provided that such authorization does not exceed the specific intent and terms of the aforementioned document and/or activity and is executed in compliance with'all applicable Tribal, federal and other ordinances, laws, regulations, policies and procedures. CERTIFICATION As Secretary of the Muckleshoot Indian Tribal Council, I hereby certify that the above resolution was duly adopted at a J~(~l~/ meeting of the Tribal Council on the /~ day ~f v~i~ , 1997, held on the Muckleshoot Indian eser , Auburn, WA., at which a quorum was present by a vote of ~ for, Q against and 0 abstentions. Norma Eyle ~ , Jr. · n' Secretary Resolution No. Page - 2