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HomeMy WebLinkAboutMuckleshoot Indian Tribe MEMORANDUM OF UNDERSTANDING Between MUCKLESHOOT INDIAN TRIBE And CITY OF AUBURN This Memorandum of Understanding ("MOU") is entered into on 20by the Muckleshoot Indian Tribe ("Tribe"), a federally recognized Indian Tribe; and the City of Auburn ("Agency"). RECITALS A. Pursuant to terms of the Muckleshoot Indian Tribe-State of Washington Gaming Compact ("Compact"), as amended„ entered into between the Tribe and the State of Washington, the Tribe agreed to establish a fund consisting of up to two percent (2%) of the "net win" `from certain Class III table games activities and up to half percent (0.5%) of the "net win" from certain Tribal Lottery System activities at the Muckleshoot Indian Casino ("Casino"), on the Muckleshoot Reservation. Such fund, to be designated herein as the "Community, Contribution Fund" is to be available from Casino revenues to provide assistance to law enforcement, emergency services, and other agencies providing services which are impacted by Casino' gaming activities on the Reservation. The assistance shall be in the form of payments from the Community Contribution Fund ("Community Contributions"). B. Pursuant to the Compact, a committee consisting of one representative each from the Tribe, King County, City of Auburn, and the Washington State Gambling Commission (jointly "the Committee") will meet at least annually to discuss the impacts, if any, from the Casino on matters within the jurisdiction of each potential recipient of any Community Contributions to be paid by the Tribe. C. This MOU is entered into for. the purpose of establishing the relationshipand esponsibilities of Agency regarding the submission, request for, and payment from the Community Contribution Fund ("Community,Contributions") and Agency' s possible participation therein. The amount and number of such payments, if any, will be based on revenues generated by the Casino and on needs identified and determined on an annual basis as set forth below. WHEREFORE, Tribe and Agency agree as follows: 1. Community Contributions shall be determined annually by the Tribe. 2. Agency will be given an opportunity to submit to the Committee a written request for a Community Contribution that outlines how the Casino will have a material financial impact on matters under Agency's Jurisdiction ("Agency Impact"). The request should state projected amount of such Agency Impact over the next year; identify a specific amount for grant consideration, and include an itemized budget specifying how and when such funds will be used. The request shall be detailed enough to allow objective verification of data and subsequent audit of specific expenditures. 3. Based on such written requests and any other information as the Committee may consider, the Tribe shall determine which Agencies, if any, are to receive Community Contributions. Recipients of Community Contributions are referred to herein as "Contribution Recipients". Agency agrees that it shall not expend any monies received in connection with the Community Page I of 2 Contribution except for the purposes for which the Community Contribution was paid,.and shall promptly return funds not so used to the Tribe. Should a dispute arise regarding any decision to make a,Community Contribution, such dispute may be resolved in accordance with the provisions of the Compact, as amended. 4. The total amount of all Community Contributions in any Fiscal Year shall not exceed the Tribe's annual contribution to the Community Contribution Fund for such Fiscal Year. As used herein, the term "Fiscal Year" shall coincide with Casino's annual accounting period. Tribe's annual contribution shall be as defined in the Compact and based on its operating results in that Fiscal Year. Any unused funds in the Community Contribution Fund at the end of the Fiscal year shall be handled in accordance with the terms of the Compact.. Payment shall be made pro rata to Contribution Recipients in equal installments commencing after Contribution Recipient selection and approval by the Tribe on or before the yet.to occur dates of April 30th; July 30th, October 30th of the funding year and January 30th of the year following. Adjustments to Community Contributions shall be made in proportion to any adjustments made to the amount of the Tribe's contribution in the event inadequate funding is generated for the Community Contribution Fund to meet all requests. 5. Agency agrees that any information it obtains regarding the total amount of the Casino "net win", the amount of Community Contributions paid, or any other information which would tend to reveal the operating results of the Tribe's Casino are proprietary to Tribe shall remain confidential and not be disseminated or published without Tribe's prior written consent. 6. All Community Contributions shall be deemed to be for one year only. Undistributed funds in any Fiscal Year may be carried over to the subsequent Fiscal Year at the Tribe's discretion. The payment of a Community Contribution shall not be construed as a guarantee that the Agency will be a Contribution Recipient in any subsequent year regardless of whether or not there is an Agency Impact. Such determinations may not be challenged by any Agency. .7. Agency agrees to maintain accurate written records regarding Community Contributions and the uses of funds provided. Contribution Recipients shall promptly provide upon request, in the form required by the Tribe, written reports or records of the costs and expenditures made in addressing the impacts for which the Conununity Contribution was provided. Agency further agrees to submit to an audit by the Washington State Auditor to assure compliance with the terms and conditions of the Community Contribution. 8. The specific terms and conditions of the MOU shall be applicable for all years in which Agency received funding, regardless of when the Community Contribution is paid. The Tribe and Grantee, by mutual concurrence, reserve the right to modify the terms and conditions of the MOU for Community Contributions at any time. FOR THE MUCKLESHOOT INDIAN TRIBE: 16 By. Date: FOR GENC NOV 9 2010 By: Date: Page 2 of 2 SL