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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
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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:
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