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HomeMy WebLinkAbout2777 ! RESOLUTION NO. 2 7 7 7 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN 4 INTER-GOVERNMENTAL AGREEMENT BETWEEN THE MUCKLESHOOT INDIAN 5 TRIBE AND THE CITY OF AUBURN TO PROVIDE A FRAMEWORK WHICH CREATES A STRUCTURED PROCESS TO BE USED FOR FUTURE ISSUES 6 BETWEEN THE TRIBE AND THE CITY. 7 8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON IN A 9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: lO ~ The Mayor and City Clerk of the City of ll Auburn are hereby authorized to execute an Inter-Governmental ]2 Agreement between the MUCKLESHOOT INDIAN TRIBE and the CITY OF 13 ]4 AUBURN to provide a framework which creates a structured 15 process to be used for future issues between the Tribe and the 16 City. A copy of said Agreement is attached hereto, 17 denominated as Exhibit "A", and made a part hereof as though 18 set forth in full herein. 19 20 ~ The Mayor is hereby authorized to implement 21 such administrative procedures as may be necessary to carry 22 out the directives of this legislation. 25 26 Resolution No. 2777 Septenlber 11, 1996 Page I ! DATED and SIGNED this 16th day of September, 1996. 2 3 CITY OF AUBURN 4 5 C~L~RLES A. BOOTH 8 MAYOR 9 ATTEST: 10 ]! 18 Robin Wohlhueter, City Clerk ]5 ]6 APPROVED AS TO FORM: 17 20' Michael J. Reynolds, City Attorney 22 23 24 25 26 Resolution No. 2777 Septeraber 11, 1996 Page 2 INTER-GOVERNMENTAL AGREEMENT BETWE~ THE MUCKLESHOOT INDIAN TRIBE AND THE CITY OF AUBURN This inter-governmental agreement (hereinafter referred to as "Framework Agreement") is entered into by and between the Muckleshoot Indian Tribe (hereinafter referred to as "MIT") and the City of Auburn (hereinafter referred to as "Auburn") with reference to the following: RECITALS Whereas, MIT is a federally recognized Indian tribe located on the Muckleshoot Indian Reservation (hereinafter referred to as "the Reservation") in King and Pierce Counties, Washington. MIT has a vital interest in, and responsibility for, the planning and protection of the public health, safety and welfare, economic welfare and resource management needs and interests of its members, the residents of the Reservation and the Reservation itself, and Whereas, Auburn is a Code City (RCW 35A) incorporated within the state of Washington, which is responsible for the planning, protecting, and meeting the public health and safety, and resource management needs and interests of its residents; and Whereas, because the Reservation boundaries fall both inside of and outside of the corporate boundaries of Auburn, and the corporate boundaries of Auburn fall both inside of and outside of the Reservation boundaries, Auburn and MIT have a common interest in ensuring that development actions undertaken by either party are reasonable, do not cause undue economic or environmental harm to MIT or Auburn, and do not interfere with the legitimate authorities, governmental policies, and regulatory responsibilities of either party; and Whereas, MIT and Auburn acknowledge that success in achieving their respective responsibilities, goals, and interests can be significantly affected by the actions of the other, and thus it is in the interests of both parties to establish a process that facilitates greater communication and cooperation between the parties, and provides methods for reaching resolution on various issues, thereby resulting in effective and enduring agreements. Section 1. ~ The goals and objectives of the Framework Agreement are to create a structured process, including regularly scheduled meetings of policy representatives of the parties, which shall be used by both parties to: Resolution No 2777 - September 16, 1996 1 of 6 1.1 Discuss issues, concerns policies, priorities, actions and initiatives affecting and/or of interest to both parties; 1.2 Move to a relationship that is based on consistent contact, constructive dialogue and problem solving efforts by the parties; 1.3 Promote cooperation with regard to projects, studies, development, and resource management/protection efforts of mutual interest and benefit to the parties; 1.4 Seek and achieve agreements that promote stability, certainty and long- term cooperation between the parties; 1.5 Resolve specific disputes by employing appropriate dispute resolution mechanisms to be developed and agreed to by the parties. Section 2 Provisions and Responsibilities of Policy Committee 2.1 Formation of Policy Committee MIT and Aub .u~n agree to form a Policy Committee to be comprised of elected officials, or their designated representatives, of the parties. MIT and Auburn agree that thc Policy Committee is the appropriate forum to discuss their respective issues, discuss disputes and to seek agreements relating to those actions, initiatives, programs, interests and policies that impact and/or are of mutual interest to the parties as outlined in Section 2.4. The Policy Committee shall bc formed and hold its first meeting within forty-five (45) days of the date of thc execution of this Framework Agreement. 2.2 Organization of Policy Committee Within forty-five (45) days of the effective date of this Framework Agreement, the Policy Committee shall be formed consisting of up to three (3) elected officials of MIT, or their designated representatives, to be selected and subject to removal and replacement by MIT, and up to three (3) elected officials of Auburn, or their designated representatives, to be selected and subject to removal and replacement by Auburn. Regardless of the number of representatives a party has on the Committee, MIT and Auburn shall each have one vote on matters concerning this Framework Agreement. It is the intent of the parties that the Policy Committee be given wide flexibility in the procedures and the manner in which the matters before the Policy Committee are handled. It is the intent of MIT and Auburn to attempt to achieve consensus on matters requiring action. 2.3 Meetings of Policy Committee The Policy Committee shall meet and confer on a quarterly basis during a calendar year. The Policy Committee shall be co-chaired by an elected official Resolution No 2777 - September 16, 1996 2 or6 from MIT and Auburn. The co-chairs, with assistance from their staffs, shall be responsible for setting meeting dates, agendas and the distribution of materials required for meeting purposes. Meetings of the Policy Committee will take place at a mutually agreed upon location. At least two representatives of each party must be present for Policy Committee action to he valid. Minutes of each meeting shall be taken, and reviewed by MIT and Auburn for any corrections. Additional meetings may be called at the discretion of the co-chairs, the mutual agreement of both being required before scheduling of any such additional meetings occurs. MIT and Auburn may have staff or other designated persons also attend the meetings to provide assistance to the Policy Committee, but such persons shall not be considered part of the Policy Committee for decision making purposes. 2.4 Scope of Issues for Policy Committee The scope of the issues that may be brought before the Policy Committee for discussion, formal consideration and negotiation purposes will be matters of inter- governmental interest to MIT and Auburn and may include, but are not limited to matters such as Environmental Protection, Fire and Emergency Medical Services, Fisheries/Habitat Protection, Land Use Planning and Regulation, Development Activities within the Reservation and City of Auburn; Police and Judicial Services, Utilities matters, and Traffic and Transportation. 2.5 Selection of Issues/Process for Discussion Either MIT or Auburn may propose an issue (or issues) listed in Section 2.4, or other issues, to the Policy Committee that the proposing party would like to make subject to the process of this Framework Agreement. Issues proposed should be provided to the co-chairs for purposes of scheduling, discussion and agenda action. If more than one issue is proposed for discussion and formal selection, the Policy Committee shall discuss the order and/or priority in which the proposed issues should be considered. Only upon formal selection and consensus agreement by the Policy Committee shall an issue become subject to the process of this Framework Agreement. For purposes of this Framework Agreement, "consensus" shall be the agreement of the Policy Committee, or pursuant to paragraph 2.2 herein. 2.6 Decision making by Policy Committee MIT and Auburn agree that decisions made by the Policy Committee should be reached on a consensus basis. To advance this Decision making goal and process, MIT and Auburn agree that Policy Committee meetings and/or negotiations may be facilitated by a qualified, neutral individual who is jointly selected, equally paid by, and agreed to by both parties. Ifa facilitator is so retained, such action shall be by determination of the Policy Committee. 2.7 Formation of Technical Committees Resolution No 2777 - September 16, 1996 3 of 6 If an issue is selected by the Policy Committee that the Policy Committee decides requires further information, technical study, and/or analysis before a draft agreement can be developed, the Policy Committee shall form a Technical Committee to provide appropriate technical support, policy recommendations, and/or agreement drafting assistance. 2.8 Procedures for Technical Committees 2.8.1 The Policy Committee co-chairs may designate Policy Committee members, and appropriate staff, consultants, and/or legal counsel, to participate in a Technical Committee for the purpose of developing, negotiating, and/or reaching draft agreements pertaining to a selected issue. A Technical Committee shall include at least one Policy Committee member from MIT and Auburn. MIT and Auburn shall have equal representation on a Technical Committee. Unless otherwise agreed, Technical Committees shall be chaired or co-chaired by Policy Committee members assigned to participate in the Technical Committees. 2.8.2 Once approved and assigned to a task or study effort, the Technical Committee shall develop a work plan, schedule and cost sharing formula, which shall be reviewed and approved by the Policy Committee. The work plan shall focus upon gathering information, performing background research, technical studies, and/or otherwise developing the factual basis necessary for continuing discussion on the issue designated. The work plan shall direct the study, data collection, analytical and other relevant tasks appropriate to the issue. The Technical Committee shall prepare a report on the issue, which should contain findings and recommendations, for submission to, and consideration by the Policy Committee. A Technical Committee may also submit a proposed draft agreement concerning a specific issue to the Policy Committee. 2.9 Review of Proposed Agreements Draft agreements concerning specific issues developed by a Technical Committee shall be submitted to the Policy Committee for its consideration. The Policy Committee shall have ninety (90) days to review and discuss a proposed agreement from the date the Technical Committee submits a proposed agreement for review. If consensus on a draft agreement is reached by the Policy Committee or the ninety day review period expires, whichever occurs first, original and/or revised draft agreements on specific issues, or certain issues within a draft agreement that are identified by the Policy Committee as matters preventing the Policy Committee from reaching consensus, shall be submitted to the MIT Tribal Council and the Auburn City Council for their review and action. Pending such actions by the MIT Tribal Council and the Auburn City Council, and formal adoption by MIT and Auburn of any agreements on specific issues, draft agreements developed by the Policy Committee are advisory only, are non-binding upon the parties, and shall have no fome and effect. Resolution No 2777 - September 16, 1§96 4 of 6 Section 3 ~ MIT and Auburn intend that the commitments made in this Framework Agreement and any other agreements reached concerning specific issues should be subject to the establishment of effective dispute resolution methods. 3.1 Framework Agreement In the event an issue or dispute arises between the parties concerning this Framework Agreement, the parties shall make a good faith effort to resolve any conflict, claim or controversy by employing the Policy Committee for discussion of the matter. In the event the Policy Committee is unable to resolve the dispute within ninety (90) days, either party may request mediation. Mediation shall be commenced by the party requesting it notifying the other party of its request for mediation. The parties shall mutually agree on the mediator to carry out the mediation. Mediation shall continue for no more than one hundred and twenty (120) days at which point the mediation shall be deemed failed, unless the parties agree to extend the time or the parties have reached an agreement and have had such agreement approved by the MIT Tribal Council and the Auburn City Council. Each party shall bear its own costs of mediation. 3.2 Issue Specific Agreements Any agreement reached by the parties concerning a specific issue pursuant to Section 2 shall contain effective dispute resolution measures. At a minimum, all such specific agreements shall contain provisions for the mediation of disputes. Section 4 Miscellaneous Provisionn 4.1 Construction and Interpretation This Framework Agreement has been mutually negotiated between the parties. No adverse inference or ambiguity shall be construed against the party that drafted any part of this Framework Agreement. 4.2 Amendments to this Framework Agreement The provisions of this Framework Agreement may be modified or amended upon the mutual written agreement of the parties duly executed by the lawfully authorized officers or officials of each party. 4.3 Notices All notices given pursuant to this Framework Agreement shall be by first class mail, postage prepaid, to the following: Resolution No 2777 - September 16, 1996 5 of 6 For City of Auburn: Mayor City of Auburn 25 West Main Auburn, WA 98001 For Muckleshoot Indian Tribe Chairperson Muckleshoot Indian Tribe 39015 - 172nd Avenue S.E. Auburn, WA 98092 4.4 Termination of Framework Agreement Either party may terminate this Framework Agreement upon one hundred and eighty (180) days written notice. Termination of the Framework Agreement shall not terminate, nor be construed as terminating, any other agreements reached by the parties prior to the termination date of the Framework Agreement. Such prior agreements shall survive the termination of the Framework Agreement, and shall he binding on both parties and their successors. 4.5 Effective Date This Framework Agreement shall become effective upon execution by MIT and Auburn. DATED this/~y of ~.~/'~, 1996. Mayor Ch~i.p~/jts;h~-' ~, City of Auburn Muckl~shoot Indian Tribe  _~roved as to Form: Resolution No 2777 - September 16, 1996 6 of 6