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NO. 2 6 7 1
ORISINq(
A RESOLUTION OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON,
AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT
AMONG THE INDIAN HEALTH SERVICE, THE ENVIRONMENTAL PROTECTION
AGENCY, THE CITY OF AUBURN AND THE MUCKLESHOOT TRIBE OF THE
MUCKLESHOOT INDIAN RESERVATION WASHINGTON, TO PROVIDE FOR A
SEWER CONNECTION FROM THE TRIBAL COMMUNITY SEWERAGE SYSTEM TO
THE CITY SYSTEM TO RESOLVE CURRENT HEALTH PROBLEMS ON THE
RESERVATION.
WHEREAS, the Muckleshoot Tribe of the Muckleshoot Indian
Reservation Washington have applied to the Indian Health
Services, IHS, and the Environmental Protection Agency, EPA,
for funding under the Clean Water Act for the purposes of
resolving a health hazard problem on the Reservation due to
inadequate sewerage collection systems; and
WHEREAS, the City of Auburn, City, desires to aid the
Tribe in resolving current health problems; and
WHEREAS, a Memorandum of Agreement provides that a Sewer
Connection Agreement will be negotiated between the Tribe and
the City; and
WHEREAS, the negotiations for the Sewer Connection
Agreement have not yet been completed; however, to facilitate
the Tribal receipt of the grant the City will to continue to
negotiate for the Sewer Connection Agreement to allow a
connection under certain specific terms and conditions of
which the Tribe is in agreement on; and
Resolution No. 2671
September 12, 1995
Page 1
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WHEREAS, the implementation of this Memorandum of
Agreement which will allow connection, does not have any
adverse environmental effect because its sole purpose is to
cure existing health problems; and
WHEREAS, in the negotiation process the City had
expressed concerns on the possibility that if there were a
connection to the City system that the Tribe could, at its
option, connect in, on its system, commercial uses; and
WHEREAS, the Tribe has agreed in exchange for the
connection that it will not allow connections other than those
of existing residential and specific commercial facilities
such as Tribal administration, Tribal school, library, senior
center, Tribal store, churches and current residential; and
WHEREAS, the Tribe has indicated a desire to build
additional single-family residential housing for its members
on Reservation property and desires to have those housing
units connected to the sewerage collection system and the
Tribe has indicated that such connections will be limited; and
WHEREAS, the City agrees pursuant to the Memorandum of
Agreement that the Tribe may connect a limited number of new
single-family residential housing units for Tribal members on
Reservation property to the system and for purposes of this
Agreement a limited number shall be less than one hundred
(100); and
Resolution No. 2671
September 12, 1995
Page 2
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WHEREAS, the Tribe and the City will proceed to negotiate
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a Sewer Connection Agreement in the future to provide for a
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rate structure and payment terms, terms and conditions for the
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connection of the Tribe sewerage collection and transmission
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facilities to the City's sewerage system; terms and conditions
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for future Tribal connections into the system; all terms and
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conditions for continued sewer service.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
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RESOLVES THAT:
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section 1. The Mayor of the City of Auburn is hereby
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authorized to execute a Memorandum of Agreement among the
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Indian Health Service, the Environmental Protection Agency,
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the City of Auburn and the Muckleshoot Tribe of the
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Muckleshoot Indian Reservation Washington.
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Section 2. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation.
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Resolution No. 2671
September 12, 1995
Page 3
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DATED this 13th day of September, 1995.
CITY OF AUBURN
S A. B
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolas,
City Attorney
Resolution No. 2671
September 12, 1995
Page 4
qx?ll
MEMORANDUM O: AGREEMENT `
AMONG
THE INDIAN HEALTH SERVICE
THE ENVIRONMENTAL PROTECTION AGE: _ I.
THE CITY OF AUBURN
AND
THE MUCKLESHOOT TRIBE
OF
THE MUCKLESHOOT INDIAN RESERVAT- .,`,
WASHINGTON
PUBLIC LAW 86-121
PROJECT PO-94-690
This Agreement is made among the Indian Health Service, herb. a`ter referred to as IHS,
act: Ling through the Director, Portland Area Indian Health Service, Depsrarrr=ent of Health and
F,-.- Liman Services, under and pursuant to the provisions of Public Law 16-- 21 (73 Stat. 267); the
E_-: nvironmental Protection Agency, hereinafter referred to as EPA, acts ; trough the Regional
A.:-aministrator, Region 10, under and pursuant to tbe provisions of the --an Water Act as
=vended; the City of Auburn, hereinafter called the City, acting throw = me Mayor; and the
T -iuckleshoot Tribe of the Muckleshoot Indian Reservation, hereinafter -- aLed the Tribe, acting
tl;--sough the Chairperson of the Tribe.
WHEREAS, the Tribe has identified the need for major impro-,e:_inents in the sewage
cc %ilection, treatment and disposal facilities on the Reservation; and,
WHEREAS, the Tribe submitted a Project Proposal to IHS on ),1-=_ 24, 1993, requesting
co'mmunity sewage system improvements and has submitted an appli=aoz to EPA for assistance
unader the Indian Set-Aside provisions of the Clean Water Act Amend=erns; and,
WHEREAS, IHS responded to the Project Proposal by indicates ; is 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!&?=uz)n and disposal
sy --'Stem to protect the health of Tribal members and to safeguard the e_- -_-rr=ment in and around
the Reservation; and,
WHEREAS, IHS and EPA have entered im) a Memorandum nderstanding to
cceoperate in assisting Indian Tribes to address sewae treatment and : -=osal needs under the
C.: onstruction Grants Indian Set-Aside Program; an'"
WHEREAS, EPA has approved the Tribe's app cation and haw ?'ed funds under the
In_ iian Set-Aside provisions of Section 518(c) of the Water Quality A: -.--=endment of 1987
(F -L. 92-500); and,
PO-94-690
x
WHEREAS. a:._did,-nal funding is available under compamoon project PO-95-879 to
com; fete additioc= :.-arovements to the community sewer system -_ to serve the proposed HUD
homes being con= ac=rd imder HUD project WA 40-3: and,
WHERE s : T be. EPA and IHS entered into a Predm:nnarv Memc-andum of
Agreement execLz .: = the Tribe on September 29, 1993, the IHS on October :. 1993, and the
EPA on Novembei . _..199=. to provide for the planning phase of ?zne project az- outlined in the
Preliminary Engimc%?_z= Report: and,
WHEREAS. i-- . IHS has completed the planning phase of ::tae project and is ready to
initiate the design and on_aruction 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_ _\\'ITATION FACILITIES CONSTRUCTIO:iN OF A COMMUNITY
SER-AGE COLL:EC __ _ DN TRANSMISSION SYSTEM TO REPLACE FAILDtiG SEPTIC
SYSTEMS ON T---3E•.UCKLESHOOT INDIAN RESERVATION.;, KING COUNTY,
WASHINGTON- tom= ER THE INDIAN SET-ASIDE PROGRAM I OF THE CLEAN WATER
ACT - 1987 AMEND...IEN-B, THROUGH THE ENVIRONh[E-.N-7AL PROTECTION
AGENCY, PUBL]-C _ AW 86-121, PROJECTS PO-94-690 AND PP0-95-879-. dated June 1995,
the parties mutua:-ti : z- ee:
Tribal Contributicr-s
1. Th. t:,- Tribe shall designate by letter from the Cnauirperson to .he parties a
Project Represen= --,°. - co coordinate its participation under this prof:Iect_
2. That fn: Trine hereby grants permission for IHS. EP.'A and the City and their
representatives to n - upon or cross lands of the Muckleshoot lndi<ian Reserv=on to carry out
the project as outlned nn the attached Project Summary and as prov-rided for in this Agreement,
and further agrees to N- Five all claims which may arise by reason of entry upon such lands,
except those whit q-.?iify under the Federal Tort Claims Act.
3. Th:m fi Tribe shall provide, at no cost to IHS or EF.'A, all requi ed lands,
easements, and rights- --way- over lands controlled by the Tribe ne.essary for construction of the
sewage disposal it =aes, as described in the attached Project Sumo ary. All interests in such
land& easements. anc -2h--of--,tray shall remain in the name of the Tribe.
4. Th r a, Tribe shall provide necessary administra:ive.., clerical. Ldlity and operator
support to assist it the -Li.siga and construction phase of this project.
5. Th:: th. Tribe shall develop and adopt before solicituation by IIIS for construction
bids appropriate d,o=_.nLs governing the operation and mainteranace of the proposed facilities,
including an ordi-nc_ rul`s and regulations, plan of operation. ann i user fee s`aedule (or other
po- - --690
acceptable sources of revenue): that the TriDe _ shall implement specified procedures no later t, an
upon completion of construction of the prorcosed facilities.
6. That the Tribe stall secure. -ricr to construction of the proposed facilities. the
services of an operator certified by the State c.` Washington, Department of Ecology at the le•: - el
appropriate to the fac ities con_antcted.
7. That the Tribe shall negotiate Sewage Connection Agreement with the City to
provide for the following: rate structure and rnayment terms; terms and conditions for the
connection of the Tribe's sewage collection annd transmission facilities to the City's sewage
system; and all terms and conditions for corntinued sewer service.
8. The Tribe agrees to collect ar : monthly user fees from all homes connected to ,ane
Muckleshoot sewage collection and transmi= -sion facilities as outlined in the Project Summ
and will compensate the City at the agreed .-== structure provided for in the Sewage Connect-aon
Agreement with the City of Auburn.
EPA Contributions
9. That EPA shall designate by :eetter to the parties a representative to coordinr-z :_ts
participation in the Project.
10. That EPA shall provide to IF3 technical assistance as needed to help meet
applicable requirements to conduct success a:iy the design and construction phase of the Pr---et.
11. That pursuant to this Agree.-: =nt. EPA shall transfer to IHS, through an Inter-
Agency Agreement, finds in an amount no- = :o exceed $2,086,000.00 to provide the sewage
facilities described in the Project Summary.
C& of Auburn Contnbutiom
12. That the City shall designat` `,i% letter to the parties a Project Representative :o
coordinate its participation under this Project..
13. That the City shall negotiate . Sewage Connection Agreement with the Trite :o
provide for the following: rate structure an.:: Dayrnetat terms; terms and conditions for the
connection of the Tribe's sewage collectia- nrd trannmtission facilities to the City's sewage
system; terms and conditions for future Tr-yt connections onto the system; and all terms a=ir
conditions for continued sewer service.
14. That the City ag-rees to pe=::= : the connection of existing domestic sewage, is - of
September 1, 1995, and future residential, ::-n_le family housing units only, to the extent of
capacity allowed under the Agreement to be - negotia=ed, entitled "Sewage Connection
Agreement" referred to in Paragraphs 7 an-- _ - above.
PO-94-690
f ?
Indian Health Service Contributions
15. That IHS shall designaa== a Project E_zineer to manage the Project on behalf of the
Tribe, as described in this Agreement c and the attacEtid Project Summary.
16. That IHS, utilizing EP.'A s contribution, shall provide all labor, supplies, materials
equipment, and professional and administrative services required to design and construct the
facilities described in the Project Sumnmary, including but not limited to engineering design and
management, construction procuremecnt, contract administration and management, construction
inspection, reporting, final inspection_ and warranty enforcement.
17. That the IHS will coorrdinate 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 r plans and spe6fications. The IHS will provide a
completed Facility Extension Applicaation for all work performed on the City's facilities,.
18. That IHS shall certify =and pay all applicable construction contract payment
requests and provide copies to the Tribe and EPA.
19. That IHS, as manager c of the funds of this project, shall establish a separate
account and set of accounting records-. reflecting all transactions using funds received from EPA
for this project; that IHS shall charge t to the project only those direct costs necessary or allocable
to the project; that IHS shall provide t to EPA and the Tribe, upon request, detailed accounting
data related to costs incurred for the prtroject; that any change in the financial status of the project
that would require a monetary con ribnution from the Tribe shall be reported by IHS to the Tribe
within 48 hours of discovery.
20. That IHS shall pro-,ide t to the Tribe and EPA within 15 working days of the end of
each quarter-year a brief report on prcogress of the pr, jest, including funds expended and
significant events.
21. That IHS, as part of its ; contract requirements, will obtain from funds made
available by EPA, a one (1) year iAmT:ranty for the Tribe from IHS contractors, suppliers and
manufacturers on all equipment, work, and supplies provided under this Agreement. In the event
of a problem occurring within the first' year of instauation of IHS-installed facilities, equipment
or work not protected by the warrastiees of the suppcers or manufacturers, IHS will correct the
problem, subject to the availabilir} of : ftmds and staff resources, as determined by IHS.
Design Review
22. That the IHS shall sibnmit to the Tribe. EPA and the City for review and comment
and approval the draft and final deign including the plans and specifications for the sewage
system collection and transmission *acci:jties and shLl incorporate all reasonable requirements
from said reviews into the final de:211:_. The IHS w i_1 incorporate in the design of the primary
PO-94-690
swage lift station provisions :a ' prevent and/or mini- ze any environ==tal effects caused by
a_nv surface or subsurface ove--'cioving discharge or lmka_e from the li`. :station-
Project Technical Sugport
23. That from thr :--c-tal funds made avail:_`ie t. this project-; _ vne EPA, an amount of
10% will be utilized by IHS S.r r Project Technical St;-port; that the funs s shall be used to cover
technical support costs such as :technician's wages. tnel- and other sufoor-rt costs, clerical
support; testing, printing, an_ Oother indirect technica support costs asscc-.wated with the planning,
design, and construction of t?e ; sanitation facilities p^jecrs.
Project Schedule and Wort: Dann
24. That in the ice:.--est of coordination- tndetstanding and e:on-lomy, before design or
construction of the project bs=nns a Work Plan and p=:oria' for the schaL::wing and conduct of the
Project shall be prepared b-, ?c : IHS Project Engine- in direct consul===1 with the Tribe and
EPA. The Work Plan will s e ?'ify the critical projec:w•ork elements to _e - accomplished by IHS,
tae Tribe, the City and EPA anad a time schedule for-ompleting them. T'. ne Work Plan may be
modified or amended by the ?--oiect Engineer with the approval of the -r.^^e and EPA when
necessary to facilitate accor-ii shment of the Project
Special Provisions for Project : rundint?
25. That if the ac-= i costs of providing th--se eligible facili_es s and services described
L-2 the Project Summary are iws s than the total of S2. 36,C,00, then the cue:-rence will be returned
to EPA on a pro-rata basis. on the other hand, at my point during dwirn. construction or
project closeout the prcjecthri for the cost of these fa:ilites exceeds $= S^,6.000. then IHS will
notify EPA and the Tribe is-.e=diately. No additions work shall be pe°o--rmed by the IHS
beyond the amount of funds r. vailable until additions: funding has beer V ru-ovided by the parties
and formalized in an Amen-e=nt to this Agreement. Any additional c:n?-eribution by EPA shall
be subject to the availability -- f 'funding and prior ap,*ov 1 of EPA.
Final Inspection
26. That representa`: e? 3 from the Tribe, EPA the City and IHS 3n-a1-1 conduct a joint final
inspection to certify that all ze-a 'ly constructed sevva`-- facilities are in : n=pliance with the
approved plans and specific. cons and are installed ii accordance with i'_ - applicable rules and
regulations.
?,;+Pcial Provisions for Direr'^oject Managemen. by IHS
27. That IHS sh: _ _.ssure that all expend`=es under the Pr:lec are in conformance
v.%ith and necessary to perfo- :-ice scope of work ces, ibed in the attar=ea Project Summary; that
t on conclusion of the Pro i'- . IHS shat provide :o =PA and the Trib_ a comprehensive listing
1 41 e
PO-94-690
? n , t
of all expenn: es under the Project, and the Director, Sanitation F ilities - nstruction for the
Portland 4-e = -'ft-icc shall confirm in writing the determination t l= - a:l succ expenditures were in
conformanc_ = i the approved scope of work in the Project Su =
28. -hat upon completion of construction, IHS, follo.l- . its nccmal procedures for
final inspel = = and evaluation, shall determine that the facilities = : . been zonstructed as
designed an: conformance with the approved scope of work in - = Projez Summary.
29. -hat during the first year of operation of facilities ;structe IHS shall provide
technical ass -ace to help the Tribe to assure on-going compliaaz?z = with it operational permits
and design -na- -peters; that as part of its normal warranty inspectio= : nrocec::res, IHS shall
conduct a ccr;=-ehensive inspection of the facilities constructed, s .i prop sae for warranty
corrections = i.cordance with Paragraph No. 21, and shall provii -recommendations and
technical as_asiz=nce to help the Tribe demonstrate compliance wi= : --s operJ Tonal permits and
design par==s.
Transfer arc - :anmitip of Facilities
30. --hat in consideration of the contributions made anz respkDnsibilities assumed
by the Tribe_ . --5, upon completion or termination of the Project s=ue: trans_--er to the Tribe,
through a T-r.-- cr Agreement executed by all parties to this Agre=- ent, aL rights, title, and
interest of E -HS in all sewage facilities and equipment constructs: =_=chase--L installed, and/or
rehabilitates : -=Jer this Agreement and all subsequent Amendme-?-.
31. -'hat the Tribe agrees to accept transfer of these fay-?es anc agrees to operate,
maintain arc:: -T%air them as the property of the Tribe, and to kee} _= m in effective operating
condition R7 _z long as users are connected to the facilities.
32. That as required by the Clean Water Act, in reco_=-nn of t,e facilities provided
under this F- c _-t, the Tribe shall comply with the following pm _ ins:
a. =the Tribe agrees to operate and maintain the faci;az? > provi6°d through this
?roject in a proper manner while in Tribal owners!=- . control- or use. The Tribe
shall obtain EPA approval before sale, transfer or zi=don=znt of any of the
?roject facilities.
b. -he Tribe agrees to comply fully and cooperate n._` _ _ne per-armance review
activities being conducted by IHS, ongoing durin` -- a _ first = ar in service,
.-hereby the operation and maintenance of the nev ?cilities and the overall
_:iality of the facilities are observed.
PO-94-690
General Pr--,N 'isi2ns
33. That the terms of any required Amendments to this A_ _reement shall be drafted by
IHS and ne_-coated by the parties within 30 days of identification of _:,.e need for an Amendment
by any par-,
34. That at the end of the project, IHS shall submit a proj=-t completion package to
the parties c: _ this Agreement, including a Final Report and complete :L financial summary to close
out the Pro eect. All project files and financial documents shall be re--mined by IHS in accordance
with audit rz-? quirements of IHS.
35. That this Ac. Bement shall remain in effect at least unr.- -1 the earlier of the following
dates:
a. The date when all terms of this Agreement hay' a been met. or
b. December 31, 1997.
36. That if, after the date specified in Paragraph No. 35, a.=-y project elements as
specified iY -:.ne Project Work Plan are not completed by the respons --cle party(s), then an
Arttendme= . shall be negotiated within 30 days between the parties, , ,cith IHS assuming the lead
role, to des= a plan to complete or terminate the Project. Any such _agreement shall include a
provision tear-. all project facilities, complete or incomplete, shall bec.:?me the property of the
Tribe, and : aat all EPA fund-, not expended or obligated shall be trarisferred immediately from
the project ;, account to EPA on a prorated basis of the EPA cash contr - oution to the total project
cost.
37. That any disputes among the parties to this Agreemer-- shall be handled in
accordance •,vith IHS's disp:re resolution procedure prescribed under ' Section 3.2E of the
Guidelines '-or the Utilization of the Memorandum of Agreement by ?e Indian Health Service
Sanitation f-?zcilities Cons---uction Program.
C'oncurrer with Proiect cummarv and Memorandum of &g=mer:
38. That each ram to this Agreement has revieVved and c;:-uncurl with the combined
Project Su==Ia-rc for PO-94-690 and PO-95-879, upon which this A_-=eement is based.
PO_c..i'4- 90
.'
IN WITNESS TO THE TERMS Oz'--;-MS AGREEMENT, the parties hereto have
subscribed their names:
FOR THE }C - CKLESHOOT TRIBE:
Date ac;' Ll? kleshoot Tribal Council, having been duly
authorizes w snter into this Agreement on behalf of the
Muckleslati t - ribe, as evidenced by the attached Resolution made
by the Cc? -_.c:--.
FOR THE C, 7Y OF AUBURN:
9'13-95 U"j. G
Date Mayor, C---v ci - Auburn
FOR =- 1,\??DIAN HEALTH SERVICE:
Date Director. Pr--L:and Area Indian Health Service, Department of
Health arc :man Services
FOR THE E- ? VIRONMENTAL PROTECTION AGENCY:
Date Director-,%-ter Division, Region 10,
Environr,': Protection Agency
PO-94-690195-879
. a
Prepared By:
Peter Nachod, Environmental Engineer
Seattle District Office
Recommended By:
.,
?e ?
Date
wl -8-9s
Michael R. Weaver, P.E., DEE, District Engineer Date
Seattle District Office
Approved By:
?CL - /Lty 6 /2q R5
Richard R. Truitt, P.E., Director Date
Division of Sanitation Facilities Construction
Portland Area Office
Concurred By:
GtJ? rtit??? 7 ?? r
T. R Webster, P.E., Director Date
Office of Environmental Health and Engineering
Portland Area Office.
SSUPPLE2(ENT AGREEMENT
TO
1-.°MORANDUM OF AGREEMENT
AMONG
ITHE MUCRLESHOOT TRIBE
OF
THE MLc3SLESHOOT INDIAN RESERVATION
AND
THE CITY OF AUBURN
This Agreeme-= is entered into this L--i day of
September, 1995, =e-atween the Muckleshoot Tribe of the
Muckleshoot Indian -reservation, hereinafter referred to as
the "TRIBE" and the City of Auburn, hereinafter referred to
as "AUBURN".
WHEREAS, the =_ity Council of Auburn authorized the
Mayor enter into a xeemorardum of Agreement among the Indian
Health Service, t2-e BPA, Auburn and Tribe at a special
meeting of the __ity Council on September 13, 1995,
contingent upon the execution of this Agreement; and
WHEREAS, the r pose of this Agreement is to establish
a clear understandivc of the goal of negotiating the finance
section of the Sewa=z-s Connection Agreement;
NOW THEREFORE, based upon mutual consideration the
parties agree as fc_=iows:
Supplemental Agreement
September 13, 1995
Page 1 (legal/agree sa-mt)
1. The TRIBE a7-7-d AUBURN agree to negotiate a Sewage
Connection Agreement. one element of which will be
allocation of costs, both operational and capital. In
negotiating this eleme=nt the parties will allocate costs to
the party that is uti=--zing or will utilize the capacity.
MUCKLESHOOT TRIBE
VIRGINIA CROSS, Chairperson
MUCKLESHOOT TRIBAL COUNCIL
DATE:
APPROVED AS TO FORM:
ROBERT L. OTSEA, JR.
Tribal Attorney
Supplemental Agreement
September 13, 1995
Page2 (legal/agree sa-mt)
I
ATTEST:
Robin Wohlhuaeter,
city clerk
APPROVED AS TO FORM:
J _
Michael J. id-teynolds,
City Attorneey
Supplemer7tal A;reeement
September" 13, 19955
Page 3
CITY OF AUBURN
CHARLES A. BOOTH
Mayor
DATE: 9-13' /3-