HomeMy WebLinkAbout03-01-2004 ITEM VIII-B-1...J
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Agenda Subject Date:
Resolution No. 3660 2/18/04
Department: Attachments: Budget Impact:
Public Works Resolution No. 3660 To be determined
Administrative Recommendation:
City Council adopt Resolution No. 3860.
Back round Summa :
The City of Auburn Is Sewer Utility is seeking the replacement of the Auburn Way South sanitary sewer
conveyance system (AWSCS). The Muckleshoot Indian Tribe contributes wastewater flows into this
conveyance facility. The City and the Tribe have an existing agreement that allows the Tribe to utilize
Auburn's facilities for wastewater conveyance with the understanding that the Tribe will assist in the
replacement and upsizing of the conveyance facility in the future, together with annual maintenance costs
associated with the AWSCS.
This new agreement commits the Tribe to pay 50% of the project costs for the replacement and upsizing
of the AWSCS. It also outlines what capacity within the segments of the project that will be available for
each party and outlines the desire of both parties to establish the Muckleshoot Indian Tribe as a King
County component agency.
W030'1-8
04.0.'1
Reviewed by Council & Committees:
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® Legal
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Public Works
Action:
Committee Approval:
Council Approval:
Referred to
Tabled
❑Yes []No
❑Yes [:]No Call for Public Hearing
Until 1 1
Until 1 1
Councilmember: Wagner Staff: Dowd
Meeting Date: March 1, 2004 Item Number: VI11.6.1
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO. 3 6 6 0
A RESOLUTION OF THE CIN COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE
MUCKLESHOOT INDIAN TRIBE FOR THE CAST SHARING IN
THE REPLACEMENT AND MAINTENANCE OF A NEW
WASTEWATER CONVEYANCE FACILITY CONVEYING
WASTEWATER FROM MUCKLESHOOT INDIAN TRIBE
PARCELS LOCATED OUTSIDE CIN LIMITS TO KING
COUNTY CONVEYANCE AND TREATMENT FACILITIES
WHEREAS, both the City and the MIT are agencies qualified to engage
in furnishing sanitary sewer service within their approved service areas; and
WHEREAS, the King County Department of Natural Resources, Water
Pollution Control Division is engaged in developing and operating a regional
sewage disposal system and the City and the MIT are engaged in developing
and operating a sewage collection system; and
WHEREAS, the -City and MIT intend to replace the Auburn Way South
Sanitary Sewer Conveyance System (hereinafter AWSCS); and
WHEREAS, the replaced AWSCS is the subject of this Agreement, and is
intended to be consistent with applicable law and comprehensive planning for.
sewage disposal; and
WHEREAS, the MIT desires to provide sewer service only to customers
within the M IT's approved sewer service area; and
WHEREAS, Aubu
rn's existing wastewater conveyance faci 1 ity
surcharges and requires improvements to allow for additional flow capacity and
• and the damages associated with said
avoiding potential overflow of sewage g
9P
overflows; a n d
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Resomion No. 3660
2113104
Page 1 of 3
WHEREAS, the MIT desires ownership of a portion of the capacity
within a sanitary sewer conveyance facility extending from that portion of the
�y
City's MIT service area, outside of the Ci 's service area, into King County's
wastewater conveyance system; and
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WHEREAS, this agreement shall supersede the existing Auburn -- MIT
sanitary sewer Agreement, executed in accordance with City ordinance No.
4967; and.
WHEREAS,to provide wastewater conveyance and ownership
• • • • nits sewer facilities that extend from the
respons�b�l�t�es of the public sanitary
' area along boundary of the City's service a g Auburn Way South to King County's
conveyance facilities at the 'corner of 17th Street SE and K Street SE, it is
necessary that this agreement be entered .into between the City and the MIT,
establishing the rights and duties of .the parties; and
WHEREAS,the Muckleshoot Indian Tribe, and the City of Auburn are
• into this Agreement under the authority of their respective
authorized to enter g
• the authority of Chapter 39.34 RCW, ' the
enabling legislation and under tY
9
Interlocal Cooperation Act; and
WHEREAS, the MIT received approval from the Bureau of Indian
• "far this agreement, pursuant to Title 25,
Affairs, hereinafter referred to as BIA , 9 .
• Code,- or the BIA has determined and so informed the
Section H'I , of the U.S. C ,
' not required under 25 USC 81.
MIT that approval of this Agreement is q
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASH I NOTON, HEREBY RESOLVES as follows:
Section 1, The Mayor is herebyauthorized to execute an interlocal
agreement with the Muckles
hoot Indian Tribe, in substantial.. conformity with the
Resdutfon No. 3660
2/13/04
page 2 of 3
agreement attached hereto,
marked as Exhibit land incorporated herein by this
reference.
authorized to implement Section Z. That the such other Mayor is
• may be necessary to carry out the directives of
administrative procedures as y ry
this legislation.
'
Section 3. That this resolution shall take effect and be in full force
upon passage and signatures hereon.
DATED and sg
signed this day of December, 2003.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
•■■���;Ir"moi =
Daniel B. Heid,
City Attorney
Resolution No. 3660
?/"13104
Page 3 of 3
EXHIBIT 1
AUBURN - MUCKLESHOOT INDIAN TRIBE
SANITARY SEWAGE AGREEMENT.
(Auburn Way South Sanitary Sewer Conveyance System),
For the construction, ownership, and maintenance of the
sanitary sewer conveyance facility that provides service to
Muckleshoot tribal property located outside of Aubum's
municipal limits to King County's wastewater conveyance
and treatment facilities.
This Agreement is entered into in King County, Washington, between
• a municipal corporation under the laws of the State of
the City of Auburn, p p
Washington, hereinafter referred to as the "City" and the Muckleshoot Indian
Tribe
• , a federally recognized nized Indian Tribe located on the Muckleshoot Indian
Reservation, hereinafter referred to as the "MIT"
WHEREAS,Yboth. the Cit and the MIT are agencies qualified to
engage in furnishing
sanitary sewer service within their approved service areas;
and
welfare and safety WHEREAS, the public health, Y of the residents of
the City
• , the MIT and the residents of their service areas require the elimination
' sources of water pollution and the preservation of the fresh water
of potential s
resources of the area; and
WHEREAS, the Kin Count Department of Natural Resources,
King Y p
Water Pollution Co
ntrol Division, hereinafter referred to as "King County", is
in and operating a regional sewage disposal system and
engaged in developing p g � • .
the City
and the MIT are engaged in developing and operating a sewage
collection system; and
WHEREAS,
consistent with the standards -prescribed by the State
of Washington
• , DepartmentEcology, of Ecolo , hereinafter referred to as "DoE", for the
' of sewage effluent within the State, the City and the MIT
collection and disposal g
improving a
are isanitarysewage conveyance system that conveys wastewater
from the MIT and the Ci service areas to King County's facilities, and
WHEREAS, the city and MIT intend to replace the Auburn Way
South Sanitary SewsConveyancer (hereinafter AWSCS); and
replaced AWSCS . is
WHEREAS, the .the subject of this.
, and is intend
Agreement, ' ed to be consistent with applicable law and
g � I•
comprehensive planning for sewage disposal;
and
p
Exhibit ------------------------
Resolution No. 60
Page 1 of 19
r
WHEREAS, the MIT_ desires to provide sewer service only to
customers within the MIT's approved sewer service area; and
WHEREAS, Aubum's existing wastewater conveyance facility
surcharges and requires improvements to allow for additional flow capacity and
avoiding potential overflow of sewage and the damages associated with said
overflows; and
WHEREAS, the MIT desires ownership of a portion of the capacity
within a sanitary sewer conveyance facility extending from that portion of the
MIT service area, outside of the City's service area, into King County's
wastewater conveyance system; and
WHEREAS, to provide for the conveyance and disposal of sewage
conveyed to King County from properties located within City's service area and
from that portion of the MIT service area located outside of the City's service
area, the two parties are entering into contracts with King County; and
WHEREAS, this agreement shall supersede the existing Auburn —
MIT sanitary sewer Agreement, hereinafter referred to as the "1 997 Auburn MIT
Agreement" executed in accordance with City Ordinance No. 4967; and
WHEREAS, the City and MIT are entering .into this Agreement, on a .
government to government basis, with the intention of cooperatively -and
equitably designing, and constructing the AWSCS and thereafter assuring that
its operation meets the needs of the parties, as more fully set out in this
Agreement; and,
WHEREAS, to provide wastewater conveyance .and ownership
responsibilities of the public sanitary sewer facilities that extend from the
boundary'of the City's service area alonp Auburn Way South to King County's.
conveyance facilities at the comer of 17 Street SE and K Street SE (the King
County M Street Trunk Line), it is necessary that this agreement be entered into
between the City and the MIT, establishing the rights and duties of the parties;
and
WHEREAS, the MIT has determined and so informed the City that
approval of this Agreement is not required by the Bureau of Indian Affairs under
Title 25, Section 81, of the U.S. Code..
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and in order to -provide a connection between the. City's, the
MIT's and King County's wastewater conveyance facilities, IT IS'HEREBY.
AGREED AS FOLLOWS:
Exhi 1
-------
........................
Resdudon No. 3fifi�
Page 2 of 19
I. SEWAGE FLOW CAPACITY
planning 1.1 MIT's comprehensive p g has determined that the portion
of MIT service area located outside of Auburn's municipal city limits (south of
.the south section
line. to Section 27, Township 21, Range 5)will require a
maximum p p
eak ca acit' of 7.85 CFS within the AWSCS.
Y
' comprehensive planning has determined that the
1.2 The City's comp p g .. � „
• capacities within the AWSCS are as set. out in Exhibit A .
City s maximum peak p .
be sized to convey the M IT's and the City's combined
The AWSCS shall Y
•
maximum peak capacities acities consistent with this Agreement. A table listing the
•
capacity requirements for the AWSCS is provided in Exhibit "A", a copy of
which is attached hereto and is incorporated herein by this reference.
2. MIT/CITY
RELATIONSHIP FOR WASTEWATER CAPACITY AND
NATURE OF PARTICIPATION
and Participation: The MIT and the City s
2,1 Ownership a hall each p �� „
capacity of the AWSCS as shown in Exhibit A . MIT
own a portion of the p y
affirms that the City shall have the administrative role for the implementation of
he Cit affirms that MIT may, in its discretion, maintain active
the AWSCS and t y .
` ' in the implementation consistent with the terms of this Agreement
participation p
andt equity uit provided by the MIT to the AWSCS project.
q
ownership: The respective capacity
2,1.1 Nature of capacity p
f the MIT and Ci in the AWSCS shall be determined by
ownership interests o City
the maximum capacity it contribution that each makes to the AWSCS, as noted in
• • " T and Cit have agreed on wastewater conveyance capacity
Exhibit A . The MI y g •
• specific locations aloe the sections of AWSCS. Those
maximums at sp g . . �; .
maximum capacity
estimates are set out in Exhibit A . Until changed by
p arties the capacities set out in Exhibit "A" shall
mutual agreement of the p p
ownershi under this Agreement. The parties will share
govern the capacity
equally in the project costs.2.1.2 Additional Capacity: Should either party desire to increase
• capacity in the AWSCS beyond the maximum capacities set [u
its respective cap tY .
• seeking the additional capacity shall be responsible for
In Exhibit A, the party g
the facilities necessary to provide the additional
the casts associated with .
• ' may rent assign or convey to -the other a. portion of the
capacity. Ether party y 9 ,
• as set out in Exhibit A if a party has no. need for the
capacity that a party has .
• conveyance of capacity may be for an agreed period or may be a
capacity. .Any convey p tY Y .
p � capacity to the other
transfer. If a art does convey a portion of its caps ty
permanent t party Y
papartieson fair compensation for the transferred capacitye
gree
� the shall a art may take an .
absence of an agreement between the parties, no party y Y
In the able g
Exhibit 1...,...................
Resolution No. 3660
Page 3 of 19
' to itself an of the unused capacity that
action that would use, or appropriate Y
n the , AWSCS• nor take any action that would limit,-.
the other party may have ' �
' '
i ht of the other party to fully use the full
reduce or in
with the ability or r g .
• his Agreement. The right held by both
that the party awns under t g .
capacity F rests �n the AWSCS shall
this Agreement to use its full ownership interests partes to g
not ba
subject to modification under Section 10.
•The City's maximum capacity and the MIT'.s
2.1.3 Total Capacity. y
•Ito 1 oD°/n of the AWSCS capacity. Any
maximum capacity shall be equal
AWSCS due to pipe sizing shall be owned
remaining excess capacity within the .
g contributions determined
b the parties based upon their respective percentage �i
y p n Exhibit A .
from the maximum capacities as set out i
• Representation: The City and MIT will each
2.1.4 City and MIT
• be assisted. b other employees and/or
si nate a representative who may Y • .
deg participate as provided under
• dvisors to assure that each may fully p + p .
project a
• representatives and advisors will work to minimize areas
this Agreement. The p d as far as
• d to resolve all implementation issue ,
of dispute, an s as- they arise and,
resolution provisions of this
passible,
minimize the need for recourse to disputep this -
Agreement*,
Responsibilities:
For purposes of this
2.2 Project Costs and p
reed u on a lan as outlined in Exhlblt .
Bement the M!T and City haveag p p . Agr �e needs of bath the City and MIT.
"All e upgrade of the AWSCS to meet th
A ,far th pg considered as Project
'recti attributable to the AWSCS shall be
Only costs. directly attributable to the
• • • res onsibilities, and costs not directly a
Casts, Activities,. p of be included in the
to be considered Project Costs and shall n
AWSCS are not .
allocation of costs under this Agreement.
The parties have agreed to share .
2,2.1 Allocation of Costs: p
� -required i red tau rade the AWSCS. The capacity
equally in the casts q pg u�� •q Y�n Exhibit A . Project
' in the upgraded system is as noted
each party wEll have , pg engineering,
�, cation include the fallowing. design
Casts subject to altad other.
in ins ection, contract administration services, an .
construction, perm�tt g� p ible for a ment
' b the parties. Each party will be responsible p Y
cost Mems agreed to y p its d costs for
' actual agreed. .costs. An estimate of the agree
of share of the 9 rred b the Ci
• "A". .The following costs encu y tY
each segment �s set out �n Exhibit •
g shall be included �n the allocated costs
riot to the execution of this Agreement
p cost allocation formula set out in this
between the parties, subject to the
section:
Consoer Townsend Env'rody ne Engineers, Inc. for Section B design
�g
plans and a preliminary design .
i n far the entre AWSCS, $276,585-160
JKW!.1.................M.��r�.
Resolution No. 3660
Page 4 of 19
Pentec Environmental, Inc. for a wetland assessment for Section. B's
proposed alignment, $3,499.75.
p g
2.2.2 Invoicing and Fund Distribution: The City shall provide to
.the MIT ani design, for the desi n, construction and project management- and
inspection work of the AWSCS done pursuant to Section 2.3 of this Agreement.
The
MIT shall provide for a fund transfer of the MIT's share of the invoice
amount
to a financial institution of the city's choice within 5 calendar days of
the date that the MIT receives the invoice. To the extent that the MIT disputes.
the amount, , of the invoice, or whether the contractor the .work performed is in
conformity g
rmit with this Agreement and the approved contract documents, that
dispute shall be resolved under Section 19 of this Agreement. Interest of -.5%
shall be added to an invoice. that is 39, days past due and found to be properly
owed.
2.
2.3 Alternative Invoicingand Fund Distribution: At the option of
it may elect to receive the MIT share of the design, construction,
the city, y
project management work and inspection of the AWSCS done pursuant to
p ) g
Section 2.3 and this section, but not under Section 2.2.2. The city shall make
election in writing to the MIT at the same time that the design or construction
its 9
contracts to designior build each segment of the AWSCS s executed by the
City. Once the Cit makes election it may not change its decision during the
.design
or construction of the segment awarded without the consent of the MIT.
(a) Prior to letting of the consultant contract or the
p
request
for bids and upon notification by the City that the City has committed
p
funds to Y
meet its payment obligations under this Agreement, the MIT shall
deposit their share of the ' estimated project costs into a bank account that
can draw from to a for work related to the AWSCS segment being
Auburn pay
constructed or the consultant contract. The parties agree that costs incurred in
design and construction of the AWSCS will be paid equally by the City and MIT
as the costs are incurred, except as otherwise set out in this Agreement. once
p
funds are
deposited into this account they will be unavailable for MIT until
p rod qct completion or if the project is terminated eary, upon termination. The
account will earn interest for the MIT. Payment from this account does not
guarantee MIT approval or waive the MIT's right to protest any expenditure by
the City.
(b) MIT approved contract changes may require
additionalp funds be deposited into this account to ensure sufficient funding to
support MIT's p g onion of said change, Account adjustments shall occur within
10 calendar days of MIT approval for said change.
(c)
To the extent that the MIT has provided construction
in unex of ended at the end of the construction of a segment
funds that remain p .
ExhiO4.1 ........................
resolution No. 3660
Page 5 of 19 -
the AVIJSC any remaining remainin funds shall be carried forward and shall be used to
fund a portion of the MIT's share of a subsequent section. When the entire..
AW SSS is completed upon termination if terminated early with funds
p or p
remaining ' in the MIT's account, those funds, with accrued interest, shall be
refunded to the MIT. The Cit shall provide periodic reports, no less frequently
than quarterly on
rl the expenditure of funds for the project, as noted in Section
p
2.2.4 and
at the completion or termination of each segment a final accounting
of the funds expended will be provided.
(d)
To the extent that the parties to this Agreement have
p
a dispute
with respect to invoices, the reasonableness of costs associated with
a segment or other matters related as a party's duty to fund, that dispute shall
solved under the procedures set out in Section 10 of this Agreement,
be re
2.2.4 Final Accounting: The City shall provide periodic reports,
no less frequently
fre uentl than quarterly on the expenditure of funds for the project, as
noted in Sections 2.2.1 and 2.2.2. At the completion or termination of each
segment
nt the Ci will provide a final accounting of the funds expended,
Construction Contract Development: 2,3 Design and Con The City shall
be the cog g
contracting agent responsible for managing contracts with design and
construction professionals consistent with the terms of this agreement. and
applicable
laws. Direction to the consultant and contractor shall be through the
City, which is the contracting party.
2.3.1 Reviews: The MIT shall have the opportunity to participate
• review and approval of: (1) the selection of any consultants, contractors,
�n the pP
consistent with an bid documents and bid procedures, and the development of
their corresponding contracts for work to be paid by allocated funds under this
•(2)documents (including any intermediate designs that
Agreement, and desi n design
require a bid documents, construction plans, budgets, sequencing.
approval)
changes, schedules,project ro'ect s p ecifications, and similar documents. MIT
• a roval s shall take place prior to the time that such
review(s) and pp � }
document(s) Y
are considered final b the City and prior to the time that such
documents are Y Y
submitted b the cit to the contracting party for signature. The
shall work cooperatively to assure that all relevant comments are
partes p
considered
in the contract development process
. MIT shall provide its
approval, disapprovalq disapprovalcomments, or notice of its intention to waive its rights to
.
1 calendar days of the date that the documents are submitted
approve within a Y
for MIT review and approval. Failure to respond in the time set out in this
section shall pp
constitute approval of the document. Once MIT approval is.
granted, no,further er chan es to the contract shall be allowed without further.
.concurrence between both parties.
Eihit 1 _ - __.__..
Resolution No. 3660
Page 6 of 19
2.3.2 Correspondence and Meetings: The MIT shall receive
pertinent copies of project correspondence and may, at its option, audit the.
p p ro!.
City's project file and participate in any matter relating to the project including schedules, project meetings, project reports, change orders, claims, pay
works � p �
estimates,
billings, project close out, provision for continuation of services, and
1
matters. The Cit shall inform the MIT of all progress and design
related Y
meetings s with the consultant/contractor and MIT may, at Its option, attend these
meetings. The MIT may contest any billing as -not being consistent with
applicable contract documents or the terms of this Agreement and take any
.Pro s rens meetings
actions necessary to protect its interests if claims are filed g g
established regularly but no less frequently than monthly to confer- on.the
well be est g Y
cons project 'ect and any other aspect of the AWSCS project. To the extent
1
that .the
MIT believes that the City is not complying with the terms of any
construction contract or the terms of this Agreement and the dispute -is- not
resolved, either part seek to resolve the dispute under Section 10 of this.
y may
Agreement.
2,3.3 Scheduling: proposed lin : The construction sequencing for
improvements to the AWSCS is as identified in Exhibit A. Approval of this
confirms the arties' agreement with the sequencing and grants the
Agreementp
City authority to begin processing bills for funds expended on .the design of the
AWSCS consistent with the provisions set out in Section 2 of this Agreement.
To the extent
the parties are unable to reach agreement or any party
believes the other is actin inconsistent with the terms of this section, the
dispute. shall be resolved under Section 10 of this Agreement.
2.
4 Actual Construction: The City shall be responsible for the actual
construction of the AWSCS, paying all construction related costs consistent
with the c
onstruction/bid documents and assuring that construction of each
segment is comp pursuant ursuant to the contract terms and consistent with the
terms oftg
his Agreement and Exhibit "A". The City shall be responsible for
preparing record drawings and providing one full and complete copy to the MIT
' calendar days of final project acceptance by the city. The city shall
within 90 Y
normal 'contracting rules, procedures, and standards as commonly
follow g .. .
the public works industry, except as might be modified by this
accepted by p rY
Agreement.
2.4.1 Project 'Monitoring: The Cit shall be responsible for
g Y
monitoring construction, and shall assure that all contractors, subcontractors
i men are aid and an liens are discharged as required in the
and materia p Y .
` contracts or b operation of law. MIT shall not be liable for any
respective � Y p
cost, ex or expense liability associated with the failure to pay any contractor,
p Y
subcontractor or material man.
Exhibit.t........................
Resolution No. 3660
Page 7 of 19
The MIT shall have access to the project site at all times that
p
construction operations are underway for the purpose of monitoring the project
progress and ensuringcompliance with contract documents and the terms of
i Agreement. The MIT shall follow appropriate safety
this requirements for g
construction zones and shall report any concerns to the-city Project Manager or
Project Inspector consistent with Section 2.3.
P
2.4.2 The city shall indemnify. MIT against any loss, cost or
expense arising out of any action brought against MIT seeking payment for
p g
work done on the AWSCS based on a contract that is not approved by MIT.
g
2.5
Contract Changes: The city may, without MIT prior
concurrence, approve changes for consultant and construction contracts up to
5% of original contract costs. The 5% of an approved construction contract may be set out in any one segment as either,
(a) minor changes (individual changes under $5,000 each),
line item uantit changes (changes to a line item quantity on the bid
(b) quantity
form), or as
(c) a change order (if the individual change exceeds $5,000).
.Changesin bid quantities, minor changes, or change orders shall all be brought
to the M IT's attention no later than the next scheduled progress meeting
City between
the Ci and MIT. A description of the change along with an
explanation for the change shall be supplied to the MIT for its concurrence. If
MIT determines that the change was not proper it may refuse to pay that
n of the cost of the change that would otherwise be allocated to the MIT.
portio g. .
If the parties do not agree on this issue then the issue or disagreement shall be
p g
resolved under the procedures set out in Section 10.
Contrast changesexceeding 5% of the total contract estimate shall
g
require Pp
ire cit and MIT approval prior to implementation. All changes that require
pp
City
council approval shall also require MIT approval without regard to the
amount. City and MIT shall provide' their approval, disapproval, comments, or
notice
of its intention to waive its rights to approve within 15 calendar days of
date that the change is submitted in writing to each of the agencies. Failure
the g
to respond and in the time set out in this section shall constitute approval of the
document.
2.5 Final Inspection: Every contract let to construct,. modify, or
air the AWSCS shall provide for a final inspection of the work done prior to
rep
any fin payment a ment under the contract or the release of any funds held back.
The City shall take the lead in providing a final inspection. The MIT shall be-
y p
informed
of an final inspection or testing events at the time of scheduling, or 5.
calendar p an
ar days prior to scheduled inspection, whichever is the shorter. The
Y
MIT may a p p p provide input and options, on the methods and means to be used to
Exhibit.1 .....................
Resolution No. 3660
Page 8 of 19
•inspect the completion om letion of each -segment; the entire AWSCS; and during the life
eement an repairs- or modifications done to the AWSCS. The MIT,
in
of this Ag r y p
• 'on may artici ate in or monitor the final inspection. If the parties
�n its discretion, y p p
cannot agree on the methods and means of any final inspection the dispute
e resolved under the procedures set out in Section 10 of this Agreement.
shall b
3. OPERATIONS AND MAINTENANCE
d Maintenance
3.1 operation an Duty: The city shall be responsible
for undertaking akin all the routine operation and maintenance associated with the
AWSCS. Routine operations and maintenance shall consist of inspection and
cleaning of g
the trunk line together with the activities set out in Exhibit "I:3. - The
MITs duty
to contribute to operations and maintenance shall commence when
King the
MIT and Kin County execute the Agreement set out in Section 4.
3.2 MIT
Contribution: MIT's maximum obligation to contribute
p
towards
the operations and maintenance set out in Section 3.1 shall be
hundred dollars er year. This fee shall be payable within the
$500.00 (six � p
month of January Y of each year. The MIT shall have no other financial
obligation tp
o fund operation and maintenance set out in Section 3.1.The MIT
shall begin makingthis contribution upon the establishment of the MIT as a
King County Component Agency om onent A for the conveyance and treatment of
Y
wastewater flows to Kin county. This fee shall be reviewed after 15 years
g
from the date
of this Agreement. If an increase in the annual fee is determined
justifiable then the city and the MIT shall negotiate the new fee.
3.2.1
In order to measure MIT wastewater volume and
MIT shall install and maintain a flow meter to be .located at the
contribution,
southern term
inus of the AWSCS. The meter shall have a totalizer that records.
the volume 0f y
quantifying
wastewater conveyed to the AWSCS. This meter shall be used
inMIT wastewater flow into King County's system.
3.2.2 If requested b MIT, the City. will install, at the city's
expense
and at a .location designated by the MIT, a temporary flow monitor to
• cumulative Cit and MIT flows in the conveyance piping*
sufficiently capture the y
The meter will be installed at a frequency not to exceed once every 20 months.
hall have three months to establish the meter upon receipt The City s of written
request by the MIT. All information concerning the flows from said meter shall
he MIT. An information provided from King County to City
be provided tot y .
concerning the flows from the AWSCS shall be forwarded to MIT for their
records within 15 calendar days of receipt.
3.3 Extraordinary
Repair: Should the AWSCS require additional'
repair or m or maintenance upgrade over and above the routine. maintenance
pg
Exh i hit.1..................
Resolution No. 3660
Page 9 of 19
described in part 3.1, in order to meet the requirements of the MIT and city,
and where the need for maintenance is not caused by the negligence of either
Y
party,
the Cit and MIT shall meet together to agree on the nature and cost of
repair or upgrade. Upon reaching agreement on the nature.
the p pg and costs of
the repair, each party shall contribute to the repair and/or upgrade in the same
p
percentage a as each contributed to the construction of the AWSCS. The City
may complete repairs without concurrence. from MIT where the failure to
p .
immediate/ complete the repairs would create a public health hazard caused
Y a
b the release of wastewater outside of the sewer system. When the City acts
Y
without the concurrence of MIT, the City shall document the reasons for such
repair and costs. MIT may contest the need for the emergency repair and or
the amount expended. If the parties are unable to reach agreement on the nature of Extraordinary Repairs, the costs associated with such repairs, or any
dispute than resolution will be sought under Section 10 of this Agreement.
3.4 Coordination of Operation and Maintenance: The parties shall-
each
hall-each name one .representative to coordinate operation and maintenance
matters rs and to serve as a medium of communication on such matters. The
representatives shall meet at least monthly to examine and agree on
maintenance schedules, cost items and similar matters relating to the operation
and maintenance of the AWSCS. Neither representative shall have the power
to bind or commit a party to costs that exceed the operation and maintenance
fund established in the 'Agreement. Disputes_ shall be resolved under the
procedures set out in Section 10.
3.5
Effective Date: The duty of the MIT to contribute to
Extraordinary p
rdina Repairs under Section 3.3 shall apply only to those segments of
.
e AWSCS that are replaced under this Agreement and only when the
the
replacement is complete. The MIT shall not be responsible for the cost of
ordinary repairs airs and maintenance under Section 3.1 on Segments of the
p
AWSCS that have not been replaced under this Agreement where the cost of
ordinary maintenance and repair is related to the age of the AWSCS extant as
ord ry .
of the date of this Agreement.
4
SEPARATE AGREEMENT BETWEEN KING COUNTY AND TRIBE.
4.1
The MIT shall execute a separate interlocal agreement with King
County 9 for Kin County's conveyance and treatment of the M IT's wastewater.
4.2 The MIT shall be governed by the existing conditions of the
Auburn MITAgreement for wastewater conveyance established with the
199? A
city i
as noted in Exhibit "C", a copy of which is attached hereto and s
incorporated herein b this reference, until an agreement is established
between the MIT and King County for the conveyance . and treatment of
Eihit_1........................
ReWufion No. 3660
Page 10 of 19
Upon the establishment of said agreement with King County the
wastewater. UpO
Operation and Maintenance fees as set out in Section..
MIT shall begin paying
3.2 of this Agreement.
4.3 Upon the establishment of said agreement with King County the
City shall proved e the MIT with a final monthly sewer :bill based upon all the
facilities that
facilities have connected to the sanitary sewer pipe that drains into Auburn.
The MIT shall supply I documentation detailing all of the MIT connections to the
wastewater conveyance facility.
nt, Section 5.1 of the 1997
Upon the execution of this Agreement, 4.4 p .
all not I and the MIT may continue to move wastewater
Agreement sh apply, .
tin and when completed new AW SCS without regard to the
through the existing P
p
number of MIT
hook-ups or the source of the wastewater so long as the
meets the standards set out in the 19.97 agreement and capacity
wastewater WSCS if
WSCS is not exceeded. Prior to the completion of the A ,
within the A .
• existing AWSCS is exceeded then the MIT shall be required
capacity within the e g
to delay the peak eak flows until off-peak hours or until the problem lines are
repaired
• . For the purpose of this Section 4,4 off-peak hours shall be defined as
p
weekends and anytime except 5:30 AM to 5;34 PM.
parties agree'that upon establishment of the MIT as a King
4.5 The p g p .
ter agency, the MIT will no longer -be subject to any City fees .
County wastewa 9 y, ..
including but not limited to monthly service fees and new connection system
development charges,
u n less otherwise noted in this Agreement. All fees
• conveyance, treatment, and disposal of wastewater shall be
associated with y ,
• un directly to the MIT except the maintenance- and
billed from King County Y
operational costs outlined in Section 3.2 above.
Kin Count capacity charge shall continue to be billed
4.5 .1 The g Y P Y
• MIT from KingCounty for new connections to the sanitary sewer
directly to the
system.
5.
WASTEWATER COLLECTION LIMITATIONS
IT agrees to limit its local sanitary sewer service area for
5,1 The M g
sewer connections to Indian lands located on or near the MIT. Reservation
service area as defined as of the effective date of
located outside of the City's
this Agreement. This region ion is consistent with the area used to -define the peak
flows noted in Exhibit "A".
5,2 The capacity re y required b the Cit for the AWSCS shall provide
q Y
service area based upon within the City's approved
service to those properties Y.
• future growth rojections, and topographical features.
existing zoning, g p
Exhibit_!------------------ ------•
Resolution No. 60
Page 11 of 19
5.2.1 Nothing thin in this Agreement is intended to apply City zoning
to MIT owned lands within the City.
Y Y g
5,3 The
MIT and Cit may agree in the future to add MIT land
located within the City's ' service area to the MIT's service area. If the MIT and
the City so agree, p p
the respective Operation and Maintenance obligation of the parties set out in Section 3 shall be adjusted.
6. WASTEWATER OPERATIONAL LIMITATION
City g
6.1 The
MIT and Ci agree to maintain soluble hydrogen sulfide
City 's and M IT's wastewater below 0.5 ppm over a six -hour
levels in the C y
provide chemical addition to its wastewater infrastructure if
average. Each will p i . .
• ' d to be creating a corrosive environment. In addition, the
sulfide is determine g
parties shall requirepretreatment retreatment of industrial wastes to King County standards
and shall req grease
require traps to be installed and maintained by all restaurants.
p
a collection and
enforce all sewage 5.2 The MIT and City shall g
' m wastewater quality standards required by King County
transmission system q tY
f Natural Resources and Parks, Wastewater Treatment Division
Department o
and/or the EPA, as applicable, a licable for all wastewater discharged into the AWS
CS.
the Cit imposes additional limits on sewage that may be
To the extent that y p , , .
City's sanity sewers stem, those additional limitations shall
accepted into the Ci y sanitary Y
o long as the(a)address the quality of effluent accepted into
a I to the MIT s g Y .
apply rued b the Ci either directly or
system; and(b)apply to all customers se y tY : 'the y ..
that prior to the imposition of any limit, the City shall
by contract. Provided, p p
and provide assurances to the MIT that any change will not
confer with the MIT p .
'se limit existing MIT services. Provided further, the city may.
affect orotherwi g ,
additional limit that would affect the right of the MIT to fully
not impose any add .
cit ownership rights in the AWSCS, or that would be inconsistent
utilize its capacity . , p g r •
• ions and limits set out in this Agreement. The MIT shall
with the express proves
• one such sewage collected or received by the MIT as is
deliver to the AWSCS y g .
• rules and standards set out in this section. The MIT shall
in conformity with the u . .
e or wastes from an person, firm, corporation, or other entity
not accept sewage Y .
• its service area boundaries, without written consent of
that is located outside of it
the City. Should the MIT or the Ci at any time suspect .that the wastewater is
• dards the art suspected of being in violation shall
not meeting these Stan party
make every effort to locate and eliminate the source of contamination.
the AWSCS resulting from wastewater from -either
6,3 Damage to g
the MIT or City collection s stems that does not meet the standards of Section
6.1 and 6.2, shall be
addressed as follows: Where the MIT is the offending
• ' Cityfor an and all such damages; where the City is
arty, it will reimburse the Y � . , .
p r repairing any damage at its sole
he offending arty it shall be responsible fo p g Y
t gp
EA:_IM .............. r..r 0.
Resolution No. 3660
Page 12 of 19
ion- either art that believes that the other party is
cost and expense. In addition, party
• o the AWSCS that does not meet the standards set out
delivering wastewater t .
• in'unctive relief under Section 10.3 against the
in this section may seek
• in the violation without first complying with the
offending party to endo
requirements of Sections 10.1 and 10.2. 0.4 MIT specifically g
' ' ll agrees that should the City believe that the MIT
i r that does not meet the standards ses delivering wastewater t out in this.
does not take action permitted under Section 0.3, the
Agreement and the City d ,
g . be deemed a waiver of any of the City's
failure to take such action shall not ,
Agreement and the MIT will not assert the doctrine of wavier,
rights under this Agree .
t the Cit in an subsequent action relating to the
estoppel, Or laches against y Y
delivery of wastewater that does not meet -the standards under this Agreement.
OR DAMAGES
RESPONSIBILITY F
7.
7.1 The City and the MIT shall each be responsible for any damage
• S(not includin routine maintenance and repair) by
that is caused tO the AWSC g
their respective negligent acts or the acts of their customers. In such case the cost of repair shall be bom by the negligent party.
all perform repairs to the AWSCS as noted in
7.2 The City sh p p .
• air was necessitated by the negligent actions of the
Section 3.3. Where the rep
• above the reasonable cost for such repairs will
MIT as described in Section 7.1 •
• hall bear interest, at the then existing ninety (90) day
be billed t� the MIT, and •
• thin days from the date of billing. Where the repairs to
Treasury Bill rate, after .
Y Y at its
are caused b the City, the City shall complete the repairs,
the AWSCS Y
reasonable time so as not to interfere with the continued -
operation
sole expense, in a both the MIT and
the AWSCS. Where the damage is caused by
of
• all(50%-50%)responsible for its share of the damageit each shall be equ y .
City, damage is the result of the
repair costs. Questions as to whether particular g
of either or
negligence
both parties and the needed repairs to fix the damage shall be resolved under Section 10.
8. CAPACITY RIGHTS
associated with the design, construction, Payment of invoices as tion, inspectionf AWSCS's sewer improvements entities and project management o les the MIT to
is „
within the AWSCS as outlined within Exhibit A .
ownership of capacity
9.
TERMINATION OF AGREEMENT
s the intention of the
It ie parties that this Agreement shall not terminate
• believes that the other party is in violation of this
Burin its term. If a party bele •
g under Section 10.. Provided, that the
Agreement, that party may seek redress
9
1K)o ........................
a. ....................
Resolution No. 3664
Page 13 of 19
a in writingto terminate this Agreement on whatever
parties thereto may
terms and conditions y agree
the determine to be acceptable. Provided further, that.
• force the other art to terminate this Agreement, nor shall
neither party may for party
agree to terminate this
the failure to agr Agreement be subject to the procedure
setout in Section 10.
10. DISPUTE RESOLUTION AND LIMITED WAIVER of SOVEREIGN
IMMUNITY
10.1 Dispute ute Resolution - Mediation. In the event the MIT and the
City are engaged in a dispute, which relates to or arises under this Agreement,
dispute within 3o calendar days, either
to resolve said dis
and they are unable p
party art may request mediation. -
1 .1.1 The art requesting Mediation shall notify the other party
g party .. .
• writing request to mediate a dispute identified in Section 10.1. If the
in writing of its
parties agree
to enter into mediation within 20 calendar days from such request
Y
the matter shall be
deemed stayed and the arbitration clause contained herein
Shall not be put into effect. Mediation shall continue for no more than 90
calendar days at w point oint the mediation shall be deemed failed unless the
• an agreement and have had such agreement approved
parties have reached g
p
by the governing
bodies of each respective party and, if applicable, the Bureau
of Indian Affairs. The p may agree to continue mediation for a longer
Y
period
• . 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 o g f Washington, the mediation shall be deemed failed and the
unresolvedi
-'ssu e -shall be submitted to binding arbitration as set forth herein.
10.2 Failure to mediate: In the event that the parties 'do not reach
an agreement to mediate within 20 calendar days of receipt of the notice
the non-requestingarty, the matter shall be submitted
requesting mediation by p
to binding `ndin arbitration as set forth herein.
Arbitration: An controversy or claim that relates to or arises
1 Q.3 �► Y •
under this Agreement or the breach thereof, shall be settled by arbitration
administered by the he American Arbitration Association in accordance - with its
applicable rules. Judgment on the decision rendered by the arbitrator may be
into the United
entered iStates District Court for .the Western District of
Washin
•gton. The arbitrator shall not have authority to enter an order
terminating this Agreement.
10.4 Attorney fees and costs: Each party art shall bear its own costs of
mediation and arbitration,
Exhibit t ------------------------
Resolution No. 3660
Page 14 of 19
10.5 Limited Waiver of Sovereign Immunity and consent. to
Jurisdiction
of Federal court. The MIT hereby waives its sovereign immunity
and jurisdiction consents to the of the United States District Court for the
Western District of Washington concerning disputes regarding the. interpretation
his Agreement and the enforcement of any rights, obligations ations or liabilities, in g
law or in equity, pertaining to hold harmless provisions of this Agreement. Such
q y: p g
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 the decision of the city 'to
p Y
g
enter
into this Agreement was made in part based on this limited waiver of
sovereign immunity.
10.6 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 that pertain ' to its
implementation. The MIT further agrees that it has no authority to submit the
City to jurisdiction the of the MIT Tribal Court with regard to any sewer -related
matters or disputes that may arise between the parties under this Agreement.
11. PERFORMANCE, AMENDMENT, AND INTERPRETATION
Eachart agrees that it will execute any and all instruments, documents
p Y g
resolutions or ordinances necessary to give effect to the terms of this
and .
Agreement.
This Agreement may be modified only if such .modifications are written
g Y jointly .roved b written resolutions adopted by the Auburn City Council,
and app y
the MIT Tribal council, and the BIA, if required.
The p comply parties shall with all applicable rules and regulations
p Y
p9
ertainin to them in connection with the, matters covered herein.
Y
This
document has been mutual) negotiated between the parties.. No
e inference or ambiguityg shall be construed against the party preparing
adverse
document for signature. No waiver by either party of any term or condition
this d g
Agreement shall be deemed or construed to be- a waiver of any other
of this
term
or condition, nor shall a waiver of any breach be deemed to constitute a
n subsequent breach, whether of the same or a different portion of
waiver of any q . .
this Agreement.
12, TERM OF AGREEMENT
g
The initial Term of this
Agreement shall continue until the AWSCS
.
constructed, under this Agreement is replaced in its. entirety or 50 years
whichever g
is the Ion parties jointly agree to replace the AWSCS the
Ewlt t.1 .......................
Resolution No. 3660
Page 15 of 19
parties shall negotiate the terms and conditions of a new agreement that
provides for both MIT and City ownership and use of capacity in the new sewer-.
line. If the parties can not reach an agreement on the terms of a new
l� p .
agreement with respect to the new AWSCS, then the MIT may continue to have
g p
the right - to use the AWSCS in the same manner. and under the same
g � full
conditions as set out in this Agreement until the existing AWSCS is y
replaced or until the 50 year term referred to above ends, whichever is longer.
13. INDEMNIFICATION
The MIT agrees to indemnify and hold the City and its agents,
and/or officers, harmless from and shall process and defend at its
employees,
own ex expense any and all claims, demands, suits, at law or equity, actions,
p u
penalties, losses, damages or costs, of whatsoever kind or nature, brought
agar y g
against the Cit arising out of, in connection with, or incident to the execution of
this Agreement and/or the Tribe's performance or failure to perform any aspect
g b
of this Agreement; provided, however, that if such claims are caused y
or
result negligence from the concurrent ne li ence of the City, its agents, employees, and/or
officers, this indemnity provision shall be valid and enforceable only to -the
o , tY
of the negligence of the Tribe; and provided further, that nothing herein
extent
shall require the Tribe to hold harmless or defend the City, its agents,
ees and/or officers, from any claims arising from the sole negligence of
employ
the City', agents, ents, employees, and/or officers. No liability shall attach to the
y
CityY
b reason of entering this Agreement except as expressly provided herein,
The City agrees to indemnify and hold the MIT and its agents,
ees and/or officers, harmless from and shall process and defend at its
employ
own ex and all claims, demands, suits, at law or equity, - actions,.
penalties, g expense any
losses damages or costs, of whatsoever kind or nature, brought
against
the MIT arisingout of, in connection with, or incident to the execution of
this Agreement and/or the City's performance or failure to perform any aspect
of g
this Agreement; provided, however, that if such -claims are caused by or result from t e
he concurrent n
g
.li ence of the MIT, its agents, employees, angor
negligence
officers, Y
this indemnity provision shall be valid and enforceable only to the
f the negligence of the city; and provided further, that .nothing herein
extent o.
hail require the Ci to hold harmless or defend the MIT, its agents,
s q City • . ,
es and/or officers, from any claims arising from the sole negligence of
employees,
its agents, em to ees, -and/or officers. No liability shall attach to the
the MIT, it g p Y f
MIT b reason of entering this Agreement except as expressly provided herein.
Each party h art shall maintain in.full force and effect throughout the term of
this A a Agreement olio -of comprehensive general liability insurance, or
g policy
demonstrate that the party a is self-insured, with minimum coverage of one
Exhibit 1 -----------------------
Resolution
_ __ __ -----.
Resolution No. 3666 -
Page 16 of 19
million per occurrence 1 two. million dollars aggregate for personal. injury,
�Ilion dollars
death, and property damage. The parties may agree to increase the
including dea , p p Y 9
coverage
limits set out in this section or if no agreement on different limits can
be reached, any party art can submit the issue for resolution under Section 10. If
insurance is provided -the insured party shall include the other party as an
additional named insured. If a party relies on self-insurance, the other party
party shall be named as a third art beneficiary. with enforcement rights to seek
indemnificatione
City and MIT agree to hold each other harmless from third -party
. TheCy g ...
claims arising
from the use of wastewater conveyance facilities within the
respective jurisdictions and service areas.
14. ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or
duty ut therein without the express written consent of the other party.
15. ATTORNEY'S FEES
either art shall be required to bring any action to enforce any
If e party
provision of this g.
' is A reement or shall be required to defend any action brought
art with respect to this Agreement, and in the further event that
by the other party , p .
substantial) prevail in such action, the losing party shall, in
one party shall y p ..
all other payments required therein, pay all of the prevailing party's
addition to p Y
reasonable costs in connection with such action, including such sures as the
court or courts may adjudge ad'ud a reasonable as attorney's fees in trial court and in
appellate courts.
16. NOTICES
All notices between the two agencies hereunder may be delivered or
mailed. If Y
f mailed the shall be sent. to the following respective addresses:
City of Auburn
Public Works Director
25 West Main Street
Auburn, VITA 98001
(253)-931-3010
Muckleshoot Indian Tribe
Assistant Tribal Operations Manager
Community Development
39015 172nd Ave. S.E.
Auburn, WA , 98092
253-870-3104
representative addresses as either party may hereafter from
o r to such other rep .
• ' nate in writing. All notices and payments, mailed by first class
time to time designate 9
• shall be deemed to have been gven on the second
mail, postage prepaid
• win the date of mailing, if properly mailed and addressed.
business day following g
Exhibi 1.................3Cfi�
Resoldon No
Page 17 of 19
Notices and paymentsy sent b certified or registered mail shall be deemed to
he da next following the date of mailing, if properly mailed
have been given on # y g .
II types of mail the postmark affixed by -the United States
and addressed. Fora yp f p , •
Postal Service shall be conclusive evidence of the. date of mailing.
17, NONDISCRIMINATION
artier for itself, its heirs, personal representatives,
Each of the parties, .
st and assigns, as art of the consideration hereof, does
successors in inters g p
and agree that it will comply with statutes, executive orders
hereby covenant a g .
are promulgated there under that are applicable to a party to
and such rules as p g . .
person shall on the rounds of race, creed, color, national origin,
assure that no pe g
presence of an sensory, mental or physical handicap be
sex, age, or the pr Y
• r receive discriminatory treatment by reason thereof..
discriminated
against o
18. INTEGRATION,
• constitutes the entire agreement of the parties regarding
This Agreement. .
• hereof, and there are no other representations or oral
the subject matter
than those listed herein, which vary the terms of this
agreements other t .
agreements, may occur between the parties to transfer
Agreement. Future ag Y .
additional or future service areas by mutual agreement.
19, OBLIGATION I NTACTr
• trued to alter the rights, responsibilities,
Nothing herein shall be cons 9 .
• • • • 'ons of either the MIT or the City regarding provision of
liabilities, or obligati
sewer service, except as specifically set forth herein.
20, OBLIGATION TO COMPLETE PROJECT.
The Partes expect that the AWSCS shall be constructed in substantially
the same farm as described in Exhibit A. The parties expect that, absent an
' event that is outside the control of the parties, that
unforeseen intervening S
the use of due care, that all segments of the AWSC
could not be avoided by .
• within six ears of the effective date of this Agreement,
will be completed Y
reed upon parties. Should either par
unless otherwise ag b the p Y ty fail to take.
der this Agreement such that the AWSCS is delayed or
any action required un g ,
• ed the other art may seek injunctive relief under
its construction stopped, party .
• the other art to undertake any. required action under
.section 1 o to compel party
this Agreement to
• complete the AWCSC. Provided, that if the City s the non-
complying party, t
Y i
he MIT may continue to transport effluent through the existing
line to accommodate at least a peak. f
Auburn Way South sewer I low of 1.34cfs,
• on the source of such effluent so long as it comes from
without any limitation
a and meets effluent standards set out in this Agreement
the MIT service are holds
• S is com leted. Provided further, unless a court
until the AW SC p .
•Citybe held to be le ally incapable of completing the
otherwise, should the g � .
effluent through the existing Auburn Way South
A1NSC5 the MIT may transportg .
Exhibit ........................
Resomon No. 3660
Page 18 of 19
sewer line to accommodate at least a peak flow of 1.34cfs without any limitation
on the source of such effluent so long as it comes from the MIT service. area
and meets effluent standards set out in this Agreement. Provided further, to
the extent that the MIT has paid any money to the City as required under this
Agreement and the City has become legally incapable of completing the
AWSCS, the City shall return to the MIT any funds paid by the MIT, including
accrued interest, without regard to whether the funds have been expended by
the City, unless some other agreement between the MIT and the City can be
established.
IN WITNESS TO THE TERMS OF THIS AGREEMENT, the parties hereto have
subscribed their names:
MUCKLESHOOT INDIAN TRIBE
John Daniels Jr. Date
Chairperson, Muckleshoot Tribal Council
CITY OF AUBURN
Peter B. Lewis, date
Mayor, City of Auburn
ATTEST:
Danielle Daskam,
City clerk, City of Auburn
Exhibit -j.........................
Resolution No. 3660
Page 19 of 19
APPROVED AS TO FORM:
5�'niel B. He
City Attorney, City of Auburn
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Exhibit B
Auburn=Muckleshoot Indian Tribe Sanitary Sewage
Agreement
Auburn Way South Conveyance System (AWSCS)
Operation and Maintenance Activities
Line Locates
Locate sewer lines for construction activities that take place near existing sewer pipes.
High Velocity Jetting
Use high-pressure water discharged from a nozzle to scrub the internal surfaces of the
AWSCS.
Vacuum Cleaning
Vacuum clean the AWSCS to collect solids, fats, oils and possibly grease that may have
accumulated. This will typically be done in conjunction with high pressure cleaning.
Rat Baiting
Place rat poison in manholes to eliminate existing or potential problems.
Visual Inspection of AWSCS
Pull manhole lids to visually observe the flow and assess whether capacity problems are
being experienced. This will be done most frequently during storm events.
Smoke Testing
Smoke test AWSCS to determine if any cracks or broken pipe exist.
TV Inspection
Inspect AWSCS for breaks, bellies or other pipeline problems.
Manhole Maintenance
Re -grout AWSCS manhole collars that may have shifted and cracked allowing ground
water to enter the manhole. Add a riser ring if needed due to manhole settlement.
Repairs and Replacement
Repairs and replacement to the AWSCS shall be made consistent with the terms of the
Agreement.
Exhibit 1 - Exhibi# 8
Resolution Na . 3666
Page 1 of 1
Exhibit C
SANITARY SEWAGE CONNECTION AGREEMENT.
between the
CITY -OF AUBURN .
and the
MUCKLESHOOT INDIAN TRIBE
of .the
MUCKLESHOOT INDIAN RESERVATION
KING COUNTY, WASHINGTON, USA
' A reement is entered into
day
This g
i between the City
oration under the laws of the State of
of Auburn.. a municipal corp %, the
Washington, herei naf ter referred to as the City►n and
e a federally recognized Indian Tribe
Muckl�eshoot Indian Tribe,
ckleshoot Indian Reservation, hereinafter
located on. the Mu n" respectively*-
o as the "MIT" and MIT Reservation p Y•
ref erred t .
the standards prescribed by.the
.WHEREAS, in order to meet ion
n De artment, of Ecology ► f or the collect
State- of Washingto p e .State the City
sal of sewage effluent within, th
and disposal a collection system including
constructed. a sanitary sewage Department of Natural
facilities to -the Ding County Depart
transmission Division,. hereinafter referred
Resources. Water pollution Control
" a►► wastewater. treatment . plant; and-,
to as Metr ►
has identified the need for community
WHEREAS $ the MIT , cur ent
' on and. disposal facilities. to resolve�'
.sewage collects �n not currently served by a
sanitation needs of the MIT Reservation
sewage collection system; and
sanitary 9 .
WHEREAS. the Indian Health Service hereinafter referred
." Environmental Protection _Agency, ..hereinafter
to as "IHS. the
"EPA," IT and the City concur in the need for .
refer -red to as EPA. the M - protect the
.a sewage collection, treatment and disposal system to
o safeguard the. environment in and
health of MIT members and t .
around the MIT Reservation; and
WH
EREAS , the IHS . the. EPA, the
MIT and the city 'have
Memorandum o f Agreement t o . prove de for
entered into a separate Me ., ., ion system
' n of a sewage collection and transmiss.
the construction. and far connect iori of this , sewage � system
on the MIT Reservation f
tilizing' � un ding . from ' the Indian ,
� s sewage system u
to the City g
' Act 1957 amend
m
ents,
of the Clean Water
Set -Aside Program IHS through Sanitation
through the EPA and . funding from the
Facilities Construction Program, Public Law 85-1.21► under Project
Po-94-590; and
Ex*q1- Exhibit_------------ .--.-----------.-
Resolu#ion No. 3660
Page 1 of 18
5C
WHEREAS, g this Agreement is required, by EPA and • IHS for,
the MIT,t
o obtain the funding to resolve .its current res ident i.al
sanitation needs; and
WHEREAS ► -the consideration the City. will
,
s Agreement is enhancement of public health
thig
current septic tic sy�s t ems- to a new sewer sys.t em; . and
curt p .
receive f rom
by connecting
WHEREAS. furtherance of public health and , safety of area
inhabitants requires that all sewage collected by the MIT and.
rehabstant. �
into. the Cit 's system of sanitary sewers be both.non-
discharged Y S.
harmful and. non-toxic. both the.. City' s system of sanitary..
sewers a
rid . area residents, as well as in conformity with
reasonable =rules . and. regulations; and
he Auburn Cit Council has by Resolution- No.
REAS, ty
o of which 40"Ittached hereto and is incorporated
t cp�".
herein by
t.his reference, expressly reviewed and reaf f arms the
policy set
forth in Resolution No. 26.71 authorizing the execution
of the -September 6 , 1
the EPA► 995, Memorandum of Agreement Among the . , IHS ,
the Cit and the MIT of the MIT Reservation, also
,
identified as Public Law 86-121f Prod ect PO -94-690 ("Four Party.
Agree
ment" herein, and thereby authorized its Mayor to, execute
this -Agree
meet which -authorizes sanitary sewage connections for
'
. single family housing units and specific existing
residential
non-residential facilities;
WHEREAS ► all p
arties 'agree. that this Agreement is solely
.
se of rot.ectin public health and contemplates only
- for the purpose p, 9
the -connection of . the 40 existing homes in the Skopabsh Village,
..
units of residential housing, and those other
. up to 23�
. faclllt
ies 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";
Tribal Council has by, Resolution N00
. WHEREAS, the MIT .
attached hereto and is incorporated
of whichis
a copy
reviewed and approved. this
herein b this reference. expressly revi pp
her Y
.Secured Bureau of Indian Affairs,
hereinafter
Agreement .and � tion • 81
referred
to as ."B IA" , approval , pursuant to Title 2 5 , Sec ►
of the U . S . . Code; and
WHEREAS, the dispute
resolution provisions of. this
1 to all issues arising between. the parties
Agreement shall. apply
which relate to to sewer and sewer related services; and
order to provide for. connection' and
NOW, THEREFORE, 1n P , ,
continued use
of, the MIT's sewage. collection and transmission
e Cit 's sewage system, the parties mutually agree:
system to th Y
Exhibit 1 - Exhibit C
.............w..w....w�ww.w.�..........
Rssoiution No. 3660 .
Page 2 of 18
-2-
Ie CONNECTION AUTHORIZED
1, �. MIS' is authorized to'. connect to City sewer line to
only 4 existing homes in Skopabsh Village, MIT
service Y
residential units in existence at the time of city Resolution Noe
2671 passage (estimated to be approximately -13 O units) , up to a
maximum Of 160 additional units. of single family housing, and MIT
1 or community f ani l it ies such as admini strat ion ■
governments y
school■
library, senior center., -store, and churches* .
IIe CITY'S SYSTEM DEVELOPMENT CHARGE
1 Determination of System► Development charge. That
�' - ' a listing of all
IT agrees to provide the city with g
the M g
. connections
to the MIT's sewage system and agrees to pay the- City
System Development Charge, hereinafter referr
a one-time Y
ed to as
.
SDC,. .for each connection to the MIT*'s sewage system. This
1 be updated by the MIT as needed on a monthly basis
listing will p he City... .
a s an attachment to the monthly utility fee paid to t
The SDC for each connection shall be as calculated utilizing
1057 1058., and 6451, latest revisions, copies -of
Metro f o $ nt ial customer Equivalents,
which are attached hereto, for Reside
erred to as "RCE' s" . The MIT has already pre -paid
here1naf ter ref The.
the SDcs
r for 230 RCE units with IHS funds in, April, 19964
e for a sin le family. residential and every other.
current charg g
RCE connection is $840. •
sub ect to -change as described in
2,2 Thi .s SDC rate is j
cle. XIV. of this Agreement -0
Arta.
City agrees to waive the SDC for the 40 existing
. 2,3 The Y g hese homes
s in the.Skopabsh Village housing area due to t
. MIT home ,
ected-to the city sewage system since 1977.
. being conn. ..
III . CITY' S - USER FEE
responsibility far. ownership,
3 ,1 Because the MIT has res p.
maintenance of the MIT's sewage collection and
operation and ma will'provide
ion system, the parties agree that the MIT ' z p
transmiss Y
' h• a monthly user fee equivalent to fifty . percent
the city With. Y
of . the user fee charged to city customers .
5 D . 0 the cit with . 5 6 % . Qf the City
3,2 The MIT will provide Y
s charged ed to the , . City customers For other
monthly user fee a J - include �an
family residential connection, this will
than single Y volume amount -shall be.
addi.tio
na ].
volume amount per mont h e The
calculated as follows:
Exhibit - Exhibit C _
r .................
Fwrrw.wr�ww•••ww
Resolution No. 3666
Page 3 of 18
-3_
= monthly volume from water se
rvice mater, in cubic feet
V
PP
� current applicable rate, in dollars
=
V-7501 *R*
Volume amountb i i i i n � � � r Mr � � � � � � � � w
g * ( 7 , 5 )
.(100)
family residential
tion other than single f � y
3 , 3. Each. connection prior to ,-sanitary .
water service meter installedP
shall have a � family residential -connection
action Each single Y
sewer c° meter installed prior to 1 September.
hall - have a water'service on thereaf tern•
s sewer connects
97 or prior to sanitary applicable percentage �. , to
1997 • rate .and , the aPP 1 .
3.4 This is subject- to change as
-operation, and maintenance
ownership" of this Agreement..
described
in Article SIV . - . . .
IV* METRO'S USER FEF
. with the Metro monthly.
4.1
The MIT will provide the pity � in le
City customers. For other t an s g
fee as charged to the y elude an additional
. user ,
al connection, this wil .in d
family .residents me amount shall be calculate
. amount per month. The volume
volume amou .
as'follows: fol lows
= monthly vc,e meter, ill. cubic feet
olume from water. servl
V m
R =current applicable rate.�ln dollars
V - 750] * (R)
.billing
Volume amount - (100) * (70-5)
amil residential
ion other than single f Y
4,� Each connect �lied rlor to sanitary
i
. water service meter nsta P_.
shall have'. a wa t .
sewe
r.connection. change as described in
4.3
This rate is. subject to
Article
XIV, of this.Agreement.
. UAL I TY OF - S EWAGS
the 40 homes in the
agree to connect only .
5,1 The MIT 9 re housing; and
u to �3 0 units of r � n No.
Skopabsh Village. P }� in the city"s Resolution
' r facilities set fort
se -othe "Tribal administration,
those which are def in as
1 . age two, � Tribal . store, churches
2 6 7 P fibra , senior center ► r
Tribal school , 1 rY into the •city s sews►g
discharge domestic typo sewage e producing
that di g permit industrial wast
The MIT will not Pe sewage system. For
system.' ct to their community g
developments to conne
Exhibit_1._ :__Exhi t_C ..................
Resolution No. 3054
Page 4 of 18
_ 4-
e
..
,Agreement shall . ae defined
of this domestic type sewage
purposes
of� a which is contributed by a residential
as that type ., sewage
user.
s to enforce'- all sewage collection and
5,2 The MIT agree
transmission s
`stem effluent quality standards as" .required by the
system
and/or. -.,the EPA f or all effluent -discharged charged into the
.City, Metro. � .
• e system, The MIT shall deliver to the City sanitary
City s sewag y1
onlysuch sewage collected or received by the MIT as
sewer system
is 1 rules and
'n conformity with and subject to .such reasonable
currents 'exist or as may be adopted f ram time to
regulations as Y
' Metro or, the EPA... The MIT 'shall not accept
time by the . City, � ion or other
or- wastes f ram any person, f irm, corporation,
sewage
is located within or without it boundaries, or is
. entity which sewer
otherwise delivering its sewage into the MIS'' s sanitary
sys tem �. wit
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. e f f o
rt to locate and eliminate the source of
contamination.
d damages to the City system result from
5,3 Shoul s .g not meet the
effluent
from the MIT's collection system that does
standards of
Section 5.2 , the MIT will reimburse the City f or any
such damages.
T' s transmission of of f luent to the City
4 The MI fired b
whi ch. .doe s
not meet the effluent quality standards as requ y
br the EPA shall constitute a material
the. City. Metro, and l
A reement by the MIT entitling the 'City to
breach . of this . g Without
immediately terminate this Agreement for, cause.
immedi Y
�' '' this ' A reement , the City may in its. sole discretion .
terminating g IT refuse to accept -any
d u on rovision .of notice to the M ,
.and P p . , not meeting the effluent' luen� quality
effluent Jt believes is g .
` d b the City.. Metro,
and/or the EPA and.
standards as require Y 'cable standards.
accept effluent which does meet apple
continue. to p � � a reel that the City shall
In
such - .event . the .MIT specs f ical ly g .
have waived -any,
of ,its rights .under this
. not be .deemed to. ha t doctrines of waiver, .
the MIT will not asser,
Agreement and subsequent action and laches against the City ,in any � .
estoppel, rejection and acceptance of .
..
pertaining to this Agreement and the
p g e f f 1 cents .
conforming and non -conforming
E�Cilit]it.1_w...Exhib�trC
------------------
.r.rr+rr.
ReSolution No. 3660
Page 5 of 18
STI S 4E V nUU T S ION
interest of continu' ng to promote better
6. �. In the ,
' nand .-.cooperation
between the MIT and the City, both
communication ,
to send'a re resentative to participate in all
parties agree � p � � � and
d' special meetings of • the MIT. s Utility District
regular an P rties shall notify the
. ' t ■ s Public Works Commi. t t ee . Both pa Y .
the C� Y .
in writing of all such meetings.
other party
Cit agree to provide technical a
� , � The MIT and the y g nd
.
assistance to. ' the other party upon. request and as
operational be available on a
resources of manpower or equipment or plant may .
le basis. If one party assists the other, the
cost reimbursable. .- or and
d agrees to. honor payment party assists of billings for lab gmake available established
meet rental. Both parties will ma
sulp purposes of encouraging this program..
hourly . rates for
VIIr SEWAGE FLOW MEASUR
quantity of sewage entering the City' -s
. 7.1 The qua Y meter located in'
n system shall. be measured by a flow collectio Y The proper calibration of this
the City's regulation station. P p
shallbility of the -y. Mll betheres onsi
flow meter wi
meters
. records of the sewage, pumps running time hour
keep monthly , h um .for comparison and .
the . average pumping rate for . sac p p P
and °f calibration an an annual -cycle.
confirmation of the flow meter c
hat the flow meter appears to have malfunctioned ■
In the event t �f low rates shall be
t
he hour meter readings and the corresponding
'ne, the amount of sewage that has been pumps to
used to determl
sewage system until the flow meter repairs are.
the City's g .y sewa a flow as measured -
, The MIT will report the total g ,
completed F meters estimated method to
utilizing the pump running time. hour
ut i g`
an attachment to the monthly user fee
the City mon
thly■ as
payments
MAINTENANCZ
CITY OWNERSHIP AND
VIII• TRIBAL OR ..
te and maintain all gravity
8,1 The MIT shall own,
operate
Ines sewage lift. stations and force main piping
collection 1, station and enerally
stream of the City's regulation g ,
. .located up of the MIT � Reservation in
within the' southeastern portion _ .
of Townshi " 2 0 North, Range .5 -East,,
W . M
Sections 1, 2 and 12 psated
' he rav@t and force main- piping to
but . 'also including t g Y � n -35..', of.
-Outsidehe MIT Reservation boundaries in Sectio
°f t upstream from the City's
shi 21 North, Range 5 East W. M . ■ p
Town p
regulat Lon station*
Exhibit
Exh
- ibit
.......1----- C ...............
Resolution No. 3630
Page 6ofl8
� 6
The ravitY and force main line located downstream
8.� 9
.
Cit is regulation station to the connection manhole at
from the
Y , ,
the corner of Auburn -Enumclaw Highway and 358th Street shall be
and be owned, operated -and maintained by the City
conveyed to ' will -be
pry
vided -however, that. MIT residential connections
but no ' non -MIT . connect ions .will be authorized without
permitted ► .
MIT written app rova,Y .
. 8,3 The MIT operations staff shall operate their
• 'n conformance with - the Plan of operation developed
facilities.. 1
'istance of the IHS during the design and construction
with the ass
of the f acil.ities . '
compatibility of
maintain. com
. 8 .,�. In order to P
design/construction operating
systems, th6 MIT agrees to
design/conto herein in
. constru
ct and maintain all proper- ty referred
with standards and specifications provided by. the'
accordance .
city*
Ixe INTERRUPTION OF SERVICE
9.1 It is
understood that the -City will periodically
or shut off sewage flow into their collection
need to .restrict � n downstream
' stem in order to .perform repair or maintenance o � .
s
' For scheduled maintenance- or repair aotivlties the
facllit�es . �.
of the MIT. in writing, at least five working days
. City shall. no Y indicate he work that is to be
'n advance. Such notice shall indicate t ,
i
the anticipated duration of .this work,' what
p
performed. f operation ion wl 11 be
restrictions or changes to the. Plan o ,p ,
A
and a contact_ person for coordinating all activities
with the MIT' s operations staff*
is also understood that emergency situations may
. 9'2 It d
arise that
could threaten public health an /or the continued
operation of the Y
h City" sewage collection system and the City may
be i
unable to notify the MIT n the' manner prescribed above tin
Section . 9.1) . In . such a situation the City shall use best
MIT''s Utility staf f (operator or Council
e f f arts, to contact the are of
request assistance in regulating the discharge- offitersi and qu .
effluent from the MIT's sewage.systeme
n of this Agreement,. shall grant
9.13 The MIT, by reaso g .
access easement to-. pump station #Z sufficient to
the. an act sewa a flow and,.to permit
it the City to regulate the 9
peen
on the Cit s, sewage system . A copy .of the
emergency repair work Y orated.
is attached hereto as Exhibit A and is incorp
Easement form th .
b reference as though fully set for
herein Y .
Exhibit. 1 - Exhibit C
.....r.........................rr.w........r �.....•
Resolu#ion No. 3860
Page 7 of 18
_7_
g
9.4 The MIT agrees -to assume liability, if any, for
ok�u s, ; if any, within the MIT' s. sewage system that are
sewage b .sP
capacity shortfalls and flow control spill incidents
caused by P 'Y � harmless
the MIT' s 'sewage system., and will hold the City ha
within .
from any
such Claims, all as more particularly described in
' Article X, of this , Agreement '9,5 .
The . MIT shallrocure and maintain in full force and
-ou, bout the term of this . Agreement a policy of
effect
throughout
ns lVe 'general' liability - insurance with minimum coverage
compre hens
of � one mil dollars per occurrence/two million. dollars
for personal - itj ury including death, and property.
. aggregate , P
s, a condition of.providing providing service, the City reserves
.damages A
in its sole .discretion, to demand increased minimum
the right • '' from the date of
e 1 imits. at f ive 5 i year lnter�rals
caVerag.
�f . In the event the M.IT does .not provide proof of
signing here
ssuede b a company approved by the City, with .
insurance i. Y
increased limitswithin thirty ( 3 0 ) days of such.. . request the
be authorized to procure such a policy on its own
City, shall he reserve account,
f and deduct. such policy premiums from t
behalf ,
ursuant, to this Agreement. Such policy shall name
established P shall include. a
the. City
' as. an additional named insured and
.
such
policy prohibiting cancellation or reduction in
.provision in P y ' en da s' not ice to
coverag
e except upon at least thirty i
1. The MIT agrees to construct and dedicate
in f ee title. all infrastructure concerning the
system, except f or the regulation station vault to
be designed and constructed by the City, from the
upstream • � side of the vault ; northwesterly -to the
P � it � limitse
city's receiving manhole near the y
(Exhibit B:.- general -map. illustration).
2. The city will design and construct the
regu lation 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
. P
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 R 1.A.2.. on a 5o/5o percentage basis
according ng to and for . the mutual benefits accruing to.
artier. The MIT agrees to pay its share of
both p .,
the City's improvements prior to construction
contract award. No connection shall be allowed
u
nt ill such time as all payments are -received by the-
city.
4. The MIT and City agree to share the
1 communication and any associated maintenance
monthy
and air bills as • necessart to operate and
a repair
• maintain the telemetry system so long. as the MIT'a
sanity sewer system is connected to theCity's
sanitary sewer system. These costs will -be included
s an ry
on each monthly sewer bill presented' to , .the MITI...
City will be responsible for maintaining. the..
The Y
telemetry elemet •system up to and. including -the telemetry
.
lnte
rt1e 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 :
monitoring au
_ 10 Downstream mo 3 es wil-1 be gauges
at two manholes in the City's system for
installed
ser of measuring,. recording and telemetering
. Pubo �► s to the MIT' s pump
.%areal time control signal ,
station that regrulates releases to the City s-
system.
Exhibit l .Exhibit C ..................
Resolution o. 3666
.
Page 9 of 18 9 _ .
•�ry
o vault consisting of and
2, ; A regulat ,
G�
ontainin a manual gate valve, a motor operate -
.
valve flow meter, and -telemetry devices shall
ball ► , •
e installedI at a location along the force main
b.
downstream .of Pump .Station #2.
.. .. ., shall
3 . In Pump Station #2 the design
� ' we t well. surcharge minimum '
provide an additional .
cit volume of 1, 4 0.4 cubic feet to accommodate
Gapa y
. regulation* Pumping capacity at Pump Station
-
pump., r �
be overridden by city telemetry. override
#2 may
will control 'operation of both high volume
telemetry .
ow
volume pumps, as the IHS has installed no
and 1
vat
fable . f law pumps : As such, the only operations
available. are fixed high volume, fixed low volume,
and all off no volume,
regulation of the pump station shall
4. The regal p
be
responsive to the downstream -monitoring gauge,
signals and the flow control valve in the regulation
assure- the performance objectives outlined
vault to p
herein are met, and maximum flaws are therefor not
exceeded
stem. shall be capable of
s
5. The telemetry y
in the actual flow data .1n digital format on
recording ,
a continuous
basis and down -loading to ,a computer
system in
both ' the MIT off ice and the City utility
a modem. The computer software will be
-office vi ,
showing the real-time flow data at all
capable of s g vault
Dred -points (Pump Station #21 Regulatory
'v
and monitoring gauges.
6, As the pity and MIT
decide to modify this
Agreement
to accommodate adjustments of release
rates alio
wable t the. telemetry -system shall be
. .
Capable ble of receiving programmable updates.
. � .of � the connection .
7, Prior to issuance
MIT and its contractor will perform
.. approval the
comms. 9
the City's'.
'ssionin tests to demonstrate to
satisfaction t
hat the system -accomplishes- the
following performance objectives:
tion responds to regulate
. a , The pump sta p . _ .
releases to the City's system in such -a'
the flaw tele ► _ ed is
manner
that when the City s -pipe being monitor
, t .
equal to or grea
ter .than 80% full as. measured by
Exhibit C
Exhibit - _
.........
Resalution No. 3660
Page 10 of 18 -10-
flow depth -within the pipe, the pumping rate-,. is
. ,
curtailed-, and., i f necessary, reduced to zero.
the fit 's pipe e being monitored drops
b . As Y P
to a 75' ,of full condition. the system will query
. the status s o f wet well levels and pump down ' t ime s to
assess when -pumps are. re -energized to commence.
The s stem will periodically continue to
pumping*. Y , .
query system status at such. time. as pumping
decisions are required*
The pump station can, be calibrated to
deliver- flows as dictated by the City's downstream
acit available. and within. the limits of flow
cap y . on to date .
control as ,provided by -IHS constructs
d . Ata
monitored one -foot surcharge within
station will
a gauging manhole, the regulation
flow f ram the MIT' s
automatically, shut of f i.nf luent
Pump
Station #2, and influent f low, shall remain off
This will be
until the surcharge has disappeared.
the
onlycondition mandating zero flow from. the
MIT's Pump. Station #2 except for emergency
conditions.
Be Accepted, e ted , By Ci ter . The maximum
1 � . 3 . Maximum Flow to , p .
allowable sewage
flow rate -from the MIT' .s sewage system to. the
- stem shall not exceed the capacity available
City s sewage system .determined by City
within the City s.system as at any time
au mss. Such flow can be released at any time
monitoring g g - r s stem.
capacity is available within the City s y
P .
I rovements By • MIT A -Condition
10.4 Funding of Future mp
PreGedeA
t. tQ Continuing Flog to the City SYBtem.
.
The MIT acknowledges that its share of funding
a.
T . � tura � capacity
'design and construction of any fu P y
the �
ion effort. . of the City system is an express
eXpans ,
condition precedent to the City. proceeding .with expansion
payment of this funding share by the MIT
of its system, �' ce of MIT flow
is necessitated by the. fact than acceptance .
Cit. will consume previously existing capacity,
by the y pre
-and requires
make& such capacity unavailable to. the City,'
'm rovements to the City system in order for
subsequent 1p
the City . to have
and maintain the capacity necessary for
t ' s own needs and uses . -Such funding. amounts , may
the Ci .
. y
be'credited g ted a ainst future MIT SDC amounts . , if any's
Exhibit 1 - Exhibit C
• r � rwrM � � M � � � � r Ywn��.......... �Y .....y•
Resolution No, 3 6
Page 11 of 18
-11-
0
b. The P rorata share of City system expansion
..
P
ro'ects between the MIT and the City shall be determined
based on benefit receivedID
OF
XI
COLLECTION of FEES ■ TERMINATION of SERVICE,.. AND BREACH
AGREEMMW
11.1
Collection of Development Charges■ User. and
Connection, Fees .
-A. pa- ent -as Con 'di -tion Erececlent. The Agreement
is between the .MIT and the. City and no third parties -I- even though
third parties may be indirectly benefited.. As a condition
� shall a
precedent to connection and continued service, the MIT pay
a
development charges and user fees*. .Additiorially
all necess ry P �� son behalf of „
IT shall apply for. any necessary City approval
the M
members or property jurisdiction..
owners within MIT who desire to
ted to the sewer system. The. City's issuance of a
be c onne c r .
all be directly conditioned upon completion of those
permit 'Shall s
items'' specif ied in any particular permit as well as the MIT'
of the permit lees. The MIT and the City expressly agree
payment P
shall not be responsible for collecting of SDC' s ■
that the city.
s permitting in fees,- - or any other- moneys of - any kind
user charge p J .
f rom any other individual or entity.
B
The City and MIT.shall, upon
of this A regiment, establish & supplemental reserve
execution � Thousand Dollars
account in the, amount of Five Hundred provide for future- funding of anticipated system
($500100.0.00 ) to P � - resulting
expansion
necessitated on account of increased flows g
Agreement, bud eted uses of funds necessitated -by
from this Agree non - g
' rs and other public health reasons, payment of
natural disasters • remiums ■ and any. � other unpaid charges or fees
insurance p . .
' the use of the system or permits pertaining
pertaining to
Cit and the MIT shall each. contribute Two Hundred
thereto. The Y � shall be
Fifty Thousand Dollars ($250, Doo . 00} . and . the fund
maintained at
this level., -with each . party replacing the funds
On account -of its respective obligations*
which are withdrawnf . the
shall • be ' established in a Restricted Use account o
The fund The' interest
a Sewer Fund as designated by the city.
Sanitary
n - if an shall be apportioned ' . between the
accruing thereo ■ Y
elation to their respective contributions and any
parties in r •
and principal remaining at the termination of this
such interest a . P P � � such funds upon
Agreement
shall be returned to the remitter of su P
ion and settlement o
such terminat f all claims and disputes.,
his Agreements The City shall, upon consultation
pertaining to t g - .
Exhibit 1 - Exhibit C
r.ww.■wry...�.�.r....wr......r....w�w�iw�rr.w■
Resolution No. 38fi0
Page 12 of 18 .12 -
be authorized to ' immediately draw upon and use the
with .the MITI'
e reserve account for the uses and purposes herein
funds , in t h .
The c` t shall account to the MIT for all such. funds
mentioned. Y
`n contained herein shall derogate from the need of
used. Nothing 's
a y in advance as a condition precedent f or the
the MIT to P Y
performance under other provisions of this Agreement*
F iAgreement
. The MIT shall
11.2 MIT■s Rght to Terminate
,
have the rlg
ht to terminate the di s charge of sewage from their
system to the City's at anytime for any reason, or no
sewage y b providing the City with a minimum of five:
reason whatsoever,Y
written notice prior to termination of. such discharge.
(5) yearsi wr .P MIT at the
agrees to terminate this Agreement with the.
The city g
on- said written notice. Monetary and other.
. date -noted up � � the . date �. -of
owed by the. MIT to the city on
obligations.
termination .shall survive .
. Terminate Agreements The city
11.3 City s Right to � ,
to. terminate this Agreement at any time for
shall have the right � the MIT with.a
any reasonor no reason whatsoever, by providing
,
minimum- of
five ( 5 ) . years' written notice prior to termination .
so . have the right to immediately terminate this
The city shall al ,
' an. reason. constituting a material.breach. in
Agreement forY ,
se breaches def i.ned by law, the City and the MIT
addition . to tho justifying the � cit to
a tee that a material breach Y
expressly g include,but not be limited
immediately terminate service shall
Y
a ent of SDC' s or. user fees, failure of the MIT to
to, the non P ym .
insurance required herein, exceeding the number
provide proof of � � Agreement,
sewer connections allowed. under this
°f type °f �` system, and/or failure
-domestic sewage into the syst 1
discharge of non easementsand/or failure to fund the reserve
of MIT to honor , .
counts edified- herein ,&
ac P
Rel upon. Notice of. Ter nation. As.
11.4 Right to Y
city and the MIT,' in the event that one party,
■
between the
tin Partyl , sends the
ref erred to . as the. "Transmitting Y
hereinafter
tice to terminate this Agreement, the party
other party a no reed to as the "Receiving
`vin such notice, hereinafter refs
receiving Absent
1. have, a right to rely upon such notice .
Party. shall. Transmitting -Party
a .reement to the contrary► the
prior written g ice of intent -.to terminate
shall not :be allowed to revoke its notice ,
F o otherwise keep this Agreement in -full force.
this Agreement or t in the notice.
and the termination date specified
and effect bey � � ss of whether or. � not
vision shall be effective regardless
This pro . .
actually changes its position, -or. the
the Transmitting Party Y
ise relies in any material manner upon the
Receiving Party otherw
sn'ittin Party's notice of termination.
Tran g
1
,Exhibit. -
r
............ .
Resolution No. 3664
Page 13 of 18
-13-
•
RESOLUTION, AND. LIMITED WAIVER of -SDVEREIG74 IMMYNITY
XII. DISPUTE .. . .
. 12,1 Dispute Resolution - Media -tion., In, the event the
MITand the Citaged in a dispute which relates to this
. . Y are engaged
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
., Y
manner agreed upon by' the . , parties .
•Mediation shall be commenced by the party
a.
_
t notifying the other party in writing. of its .request -
request
requesting 1 Y g . w h � .relate to
e a dispute arising between the parties. hic
to mediate p ....
sanitary se. wer and sewer related services. If the parties agree
to enter
into mediation within 20 days, from such request the
ll .be deemed stayed and the arbitration clause
matter shall -.be .
continued herein shall not be put into effect. Mediation shall .
n one hundred twenty . t 12 0) days at which
continue for no more than . point the mediation shall be 'deemed., failed unless the parties
re ement and have had such agreement approved by
a
have reached an agreement
the governing i a licable
nin bodies' of each respective party and, f pp
inn Affairs.
I f such agreement is - not approved
the Bureau of Ind not
by the governing � bodi.e s of. each. ..respective party or i s
in the United States District Court. for the Western
enforceable be deemed failed and
ct of Washington, the mediation shall
Distrz .
.the unresolved issue, shall be submitted to binding arbitration as
set' forth hereine
• the parties do • not reach an
b. , In the event p ,
mediate within twenty (2 0) days of . receipt of the
. .agreement to med
requesting - mediation by the non -requesting pa y■ the
muted to binding arbitration. as set forth
matter shall be sub .
herein.
-c. Each party
shall bear its ..own costs of
mediation.
Any,controversy or claim. arising out
12,2 Arbitration.
this A reement , or the breach thereof; shall , be
of or relating to thi g ,
' ation administered by the American Arbitration.
' settled by arbitration .
'cordance with its applicable rules. Judgment on
Association �n ac ,
ed b the arbitrator may be entered into .the
the decision render Y trict of
States District court for the Western' Dis
United
if
t shall bear its own costs oarbitration,
Washington. Each party
Exhibit i - Exhibit C .........._._.__._
............................. ....
Resolution No. 3660
Page 14 of 18
-14-
1Z.3. Lim Waiver of Sovereign immunity and Consent to
* � • �� Federal Court. The MIT hereby waives its
Jurisdsct1osi of �, F jurisdiction f theUnited' 'mmunitand consents to the o
. sovereign immunity , y District of Washington
District Court for the Western, D
States D . he � interpretation of this
in disputes regarding t
concerning � of an rights hereunder, including
Agreement and the .enforcement Y or
9 n SDC' s User. Fees, � or other Obligations
collection of any'. hold harmless
* in law or in equity► pertaining to
liabllltieS•. h waiver of Sovereign Immunity
visions of this Agreement . Such
pro to no ether court . This .
and consent to jurisdiction shall apply
ei n Immunity and Consent to Jurisdiction
Limited Waiver of Saver g and decision of
ecif ically. negotiated by the parties
has been.. sp sewer service- to the MIT and a
the City to extend sanitary res s 1 made the
. � � the MIT' s payments hereunder are expressly
portion - of Waiver and Consent to
consideration for this '.Limited, consld .
Jurisdiction•
Tribal Court Jurisdiction. The
12.4 Disclaimer of MIT T the
the MIT Tribal Court
MIT ..agrees. that . has no jurisdiction over . 'this A regiment ■ nor the
fact , and interpretation of t! g.
force ■ of ' n to its implementation. The
• lotion of disputes which pertain .t to
resolution .it has no authority to submit the City
MIT. further agrees that with regard to any
of the MIT Tribal Court wi 3
the jurisdiction .. which may arise between the
elated matters or disputes y
sewer r -
•
part1es�e .
XIII.
FEE AND CHARGES.PAYMENTS
i T on a . monthly basis for
. 3.1 The City shall bell the MI ,
1
determined in, Articles I I , III, and IV,of
fees or charges as Bete s to rovide
any MIT shall have thirty ( 3 0 i day p
this Agreement. The of bill issuance.
payment. of the
amount to -the City from the data
anpayments for a sewer bill , due
13..2 In the event that Y the thirty
all remain � unpaid in excess of Y
under this Agreement shall ., a bill shall be
u date• of� i s suanCe , then th
(3 0) days f ram the comes delinquent, in ent , the
...(30)
� In the event that a bill be � ,
delinquent,4aysl notice. of its intent
five•the MIT fifteen t 15 .�
City shall g 'll. A bill which has been
rce collection of said bill al
to enfo d in the. United States Post
properlyaddressed and deposite a ent.
, to be resented to the. MIT for p ym
rvice.shall be deemed P
Se -
' eves 'that the city's • bill f or f ees or.
' 13.3 If the MIT bell
the City of the error
is In error. the
-charges fifteen
than
M IT shall
� 15 i days
notify.
following the
date of bill
no later
issuance accompanied by
'n documents.
any support. g
� MIT shall meet
within ten
to attempt to
days thereafter, the C1tY and
(10� Y the
If
dispute cannot
be resolved
resolve the dispute.
Exhibit 1 _.:..Exhibit C
Resolution No. 3860
Page 15 of 18
-15 -
11 ,then the par
XII
proceed pursuant to Article
inf orma y.
xII (�Dl p
' s ute Resolution) . In any event,- the MIT shall pay any
ested ortion of the bill within thirty {3.03days after
. uncont P ,
issuance , The MIT shall also continue to pay uncontested
date of ,
bse ent monthly bills as provided�in this Section.
su , � .
3 , 4' I f the -bill remains unpaid f if teen (15) days
1 .
f a 11 owing . the City" ' s notice of intent to enforce collection, then
.
y
the City may at*its discretion discontinue service to the MIT;
.
provided
that- the MIT' has. not provided notice to the City
o .Para rah 12,,l, if the MIT has given such. notice,
pursuant t -Paragraph
shall have the authority to discontinue service for.
. the City .
a only in the event that the MIT has not paid the
failure to pay, Y
uncontested portion of the bill. ,
If the billin dispute is resolved in favor of 'the13.5 g
Ci. ty . pursu
art to, Article XII (Dispute Resolutions , and, the bill
remains unpaid for five working days thereafter, the City may at
,
ion. discontinue service to the MIT unless otherwise
its dlscret, .
s cif ied within the dispute resolution.
XIV. CHANGES TO RATES AND.CHARGES
's user fee rate structure and
The City s . and/or Metro. , the.M M'IT shall be changed only at such times- as the
charges fog .
Metro adjusts.sits .rates and charges through
City. and/or.
established procedures for all other users.
XV0,
HOLD HARMLESS AND INDEMNIFICATION
' demnif and hold harmless City, and
The MIT agrees to in Y ,
• and em to ees, from and. against all claims,. damages.,
its agents P Y
enses including reasonable attorneys.'.. fees, which
losses, an exp 3. I
. m events which occur on MIT owned or controlled land.
originate fro
sewer
.or facilities including, but not being limited toysanitary
personal in ' u and
s floods., -spillage, property damage, pe 7 ry •
backups,' � of sewage contamination - except that.
this
other tYpes
to the sole .negligent or
indemnification shall not apply
intentional,
acts of the City and its agents and employees.
XV1. PERFORMANCE OF AGREEMENT
agrees that it will execute any and all
Each party g
documents and .resolutions or ordi
nances. necessary. to
instruments. this
he terms of thi. s Agreement . Furthermore, the
glue .effect to t � d on reasonable
'� shall have access at. reasonable times an
City ,S sanitary sewer system and related
notice to inspect the MIT
Exhibit 1 - Exhibit C
wf wr
wwwwywwww.www.wwwwwrwwwwwrwwrwww.w...ww.r
Resolution No, 3660
Page 16 of 18 C
faciliti-.purpose of veri f icat ion , of the number of hook,
es f,ar the p rp ,.
' discharge, and -o enation levels
constitute the
ups, .type . of g P .
IT's obli atians to the City on account of fees and
basis of the: M g
.charges.
r XVI. AMENDMENT of THIS ACRE
modified ' onl if such modifications
This Agreement may be y
are approved by written resolutions adopted
are written and pP
Auburn cit Council, the MIT Tribal Council, and
J oint ly. by the Y
the BIAS
XVII*
CONSTRUCTION AND INTERPRETATION.
been mutually negotiated between the
This document has
verse inference or ambiguity shall be construed
parties. No ad
art preparing this document for signature. No
against the.. party P P ion of' this Agreement
either party of any term or cvndit g
. .waiver by waiver of any other .terror or
all be deemed or construed to be a
sh o f an breach be deemed. to
condition, nor shall a waiVer Y
waiver of an subsequent breach, whether of the same
constitute a wa � Y .
ox
a different portion of this Agreemente
t
■ t M �M
'■ �i-! !'
f
Thi_- * the partiegg _ ` X11 ■ !
■ ! •: ■ ! !
14
nat..
■ ■ * + ■
■ -, _. - !
_41i f nr an
-This A r=Ment shal I be automAticallY X
!
Amilemc=_
.0 . i ■! - ill ■f if 15 "-
! ■ - !
re0ii - ■
•derj renew
the
-�i- !
incr
the, �■ - a . f the initial Te of --this
fiYe (5) VeAa Ir t
lea _q prig 0 the end
it
the
parties
IN WITNESS TO THE-
hereto have subscribed their names:
MUCKLESE INDI TRIBE
airperson,
uckleshoot Tribal Council
M
Date: "9 7
Consented g
to Agreed and Approved as to Form: .
.
United
States Department of Interior
Exhib�t�1 - ..._ww....ww__w
N.wr
.w...Exh�b� .w.
Resolution No. 3660
Page 17 of 18
--17-
.i an Af f airs '.
.Bureau of Ind
Accommodation Approval
420 199T
BY:
•
Its. sup2ri ntendent.9 Puget Sound -Agency Date
Approved as to Form:.
ATTEST:,
Robin Wohlhueter,
City Clerk
PROVED AS To FORM:
Mike J. Reynolds.
Exhibit 1 - Exhibit C
wwwyMw�wf�-iww wwww wwwwwResouton o. 3660
Page 18 of 18
-18.
CHARLES A. BOOTH,
MAYOR