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Home My WebLink About2778 \ 25 26 ~ ~ 1 RESOLUTION NO. 2 7 7 8 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE MUCKLE SHOOT INDIAN TRIBE AND THE CITY OF AUBURN FOR THE PURPOSE OF THE 1996 REIMBURSEMENT UNDER THE MUCKLE SHOOT INDIAN TRIBE-STATE OF WASHINGTON GAMING COMPACT. 4 5 6 7 8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON IN A 9 10 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of 11 Auburn are hereby authorized to execute a Memorandum of 12 13 Understanding between the MUCKLE SHOOT INDIAN TRIBE and the 14 CITY OF AUBURN for the purpose of the 1996 reimbursement under 15 the Muckleshoot Indian Tribe-State of Washington Gaming 16 Compact. A copy of said Memorandum is attached hereto, 17 denominated as Exhibit II All , and made a part hereof as though 18 set forth in full herein. 19 20 Section 2. The Mayor is hereby authorized to implement 21 such administrative procedures as may be necessary to carry 22 out the directives of this legislation. 23 24 ------------------------ Resolution No. 2778 September 11, 1996 Page 1 · , 1 2 DATED and SIGNED this 16th day of September, 1996. 3 CITY OF AUBURN 4 5 6 Ck~Q-\1~ CHARLES A. BOOTH MAYOR 7 8 9 ATTEST: 10 11 12 0/') t . . / ,.0..' [vii{ JCt~/({¡¿IA¿(l ¥-(~. Robin Wohlhueter, City Clerk 13 14 15 16 APPROVED AS TO FORM: 17 :: høl~ 20 Michael . Reynolds, City Attorney 21 22 23 24 25 26 ------------------------ Resolution No. 2778 September 11, 1996 Page 2 OR\ f"!~'! AL " . '.' f 011'~ MEMORANDUM OF UNDERSTANDING Between THE MUCKLE SHOOT INDIAN TRIBE and CITY OF AUBURN This Memorandum of Understanding ('MOU') is entered into this day of June, 1996, by the Muckleshoot Indian Tribe ('Tribe'), a federally recognized Indian Tribe; and City of Auburn (' Agency' ) . RECITALS A. Pursuant to Section XIV.C. of the Muckleshoot Indian Tribe-State of Washington Gaming Compact ('Compact') entered into between the Tribe and the State of Washington, the Tribe agreed to establish a fund consisting of up to two percent (2%) of the 'net win' from certain Class III gaming activities at the Muckleshoot Indian Casino ('Casino'), on the Muckleshoot Reservation. Such fund, to be designated herein as the 'Community Contribution Fund' is to be available from Casino revenues to provide assistance to law enforcement, emergency service, and other agencies providing services which are impacted by Casino gaming activities on the Reservation ('Agency Grant'). B. Pursuant to the Compact, a committee consisting of one representative each from the Tribe, King County, the City of Auburn, and the Washington State Gambling Commission (jointly 'Committee') will meet at least annually to discuss the impacts, if any, from the Casino on matters within the jurisdiction of any potential recipient of an Agency Grant. Agency Grants shall be awarded by the Tribe. C. This MOU is entered into for the purpose of establishing the relationship and responsibilities of Agency 04\Connnunity Impact-MOU\.04 1 Resolution No. 2778 September 16, 1996 :' regarding the submission, request for, and award of Agency Grants from the Community Contribution Fund and Agency's possible participation therein. The amount and number of such grants, if any, will be based on revenues generated by the Casino and needs determined on an annual basis as set forth below. WHEREFORE, Tribe and Agency agree as follows: 1. Agency Grants shall be determined annually by the Tribe. Agency will be given an opportunity to submit to the Committee in writing a request for an Agency Grant supported by a report and other information substantiating Agency's contention, if any, that the Casino will have a material financial impact on matters under Agency's jurisdiction ('Agency Impact'); the projected amount of such Agency Impact over the next year; a proposal for an amount to be awarded to it; and a plan and budget specifying how such funds will be used. Such reports shall be detailed enough to enable objective verification and auditing of any data upon which the report relies. 2. Based on such reports and any other information as the Committee may consider, the Tribe shall determine which Agencies, if any, are to receive Agency Grants and the amounts thereof for the coming year. Such Agencies are referred to herein as 'Grantees'. Should a dispute arise regarding any decision to make an Agency Grant, such dispute may be resolved in accordance with the provisions of the Compact. The Tribe shall impose such terms and conditions on the Agency Grant as to assure its use in conformity with the Grantee's proposal, for auditing and other verification, and such other matters as the Tribe and the Committee shall deem appropriate in carrying out its fiduciary responsibilities of assuring that the Tribe's revenues are expended in accordance with the Compact and as represented by the Agency in its request. Agency agrees that it shall not expend any monies received in connection with an Agency Grant except for the purposes for which the Agency Grant was awarded, and shall promptly return any funds not so used to the Tribe. Agency further agrees to provide such written reports and submit to such audits as may be required to assure compliance with this 04\Connnunity Impact-MOU\.04 2 Resolution No. 2778 September 16, 1996 · , paragraph. Agency agrees to maintain accurate and separate records regarding Agency Grants and will make such records available to the Committee or to Tribe's auditors upon request. 3. The total amount of all Agency Grants in any Fiscal Year shall not exceed Tribe's annual contribution to the Community Contribution Fund for such Fiscal Year. As used herein, the term 'Fiscal Year' shall coincide with Casino's annual accounting period. Tribe's annual contribution shall be 2% of the 'net win' from certain Class III gaming activities as defined in the Compact and based on its operating results in the prior Fiscal Year as reported on a confidential basis by the Casino's Chief Financial Officer. Any unused funds in the Community Contribution Fund at the end of the Fiscal Year shall be credited to Tribe's contribution for the next Fiscal Year. Payment shall be made pro rata to Grantees in quarterly installments, commencing on the first day of the fourth full month after the Casino opens for business, or on the first day of the second full month after the Committee has met and the Tribe has made its determinations, whichever last occurs. Until the Tribe has completed a Fiscal Year comprised of a full twelve months of operations, the Tribe's obligation shall be estimated based on the first three months of operations and adjusted quarterly thereafter to conform to actual operating results until said Fiscal Year based on twelve months of operations is closed. Adjustments to Agency Grants shall be made in proportion to any adjustments made to the amount of Tribe's contribution. In no event shall Agency Grants total, at the end of any Fiscal Year, more than 2% of the 'net win' during such period. 4. Agency agrees that any information it obtains regarding the total amount of the Casino 'net win,' the amount of Agency Grants awarded, or any other information which would tend to reveal the operating results of Tribe's Casino are proprietary to Tribe and shall remain confidential and not be disseminated or published without Tribe's prior written consent. 5. All Agency Grants shall be deemed to be for one year only. The award of an Agency Grant shall not be assurance to Agency that it will be a Grantee in any subsequent year 04\Connnunity Impact-MOU\,04 3 Resolution No. 2778 September 16, 1996 · , .. regardless of whether or not there is an Agency Impact, and such determinations may not be challenged by any Agency. 6. Agency agrees to maintain written accurate records regarding the use of any funds provided under an Agency Grant and to promptly make such records available to the Tribe and the Committee upon request. Grantees shall provide, in the form required by Tribe, written quarterly reports of costs and expenditures in addressing the impacts for which the Agency Grant was provided. FOR CKLESHOOT TRIBE: By: Date: A ' 1/2/¿1b FOR CITY OF AUBURN: ~V'~ ~- Date: q//(/J/9() I I By: 4 Resolution No. 2778 September 16, 1996 04\Connnunity Impact-MOU\.04