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HomeMy WebLinkAbout2671 (2) 1 RESOLUTION NO. 2 6 7 1 2 A RESOLUTION OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, 3 AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT AMONG THE INDIAN HEALTH SERVICE, THE ENVIRONMENTAL PROTECTION 4 AGENCY, THE CITY OF AUBURN AND THE MUCKLESHOOT TRIBE OF THE MUCKLESHOOT INDIAN RESERVATION WASHINGTON, TO PROVIDE FOR A 5 SEWER CONNECTION FROM THE TRIBAL COMMUNITY SEWERAGE SYSTEM TO THE CITY SYSTEM TO RESOLVE CURRENT HEALTH PROBLEMS ON THE 6 RESERVATION. 7 8 WHEREAS, the Muckleshoot Tribe of the Muckleshoot Indian 9 Reservation Washington have applied to the Indian Health 10 Services, IHS, and the Environmental Protection Agency, EPA, 11 for funding under the Clean Water Act for the purposes of 12 resolving a health hazard problem on the Reservation due to 13 inadequate sewerage collection systems; and 14 WHEREAS, the City of Auburn, City, desires to aid the 15 Tribe in resolving current health problems; and 16 WHEREAS, a Memorandum of Agreement provides that a Sewer 17 Connection Agreement will be negotiated between the Tribe and 18 the City; and 19 WHEREAS, the negotiations for the Sewer Connection 20 Agreement have not yet been completed; however, to facilitate 21 the Tribal receipt of the grant the City will to continue to 22 negotiate for the Sewer Connection Agreement to allow a 23 connection under certain specific terms and conditions of 24 which the Tribe is in agreement on; and 25 26 Resolution No. 2671 September 12, 1995 Page 1 _ ., , 1 WHEREAS, the implementation of this Memorandum of 2 Agreement which will allow connection, does not have any 3 adverse environmental effect because its sole purpose is to 4 cure existing health problems; and 5 WHEREAS, in the negotiation process the City had 6 expressed concerns on the possibility that if there were a 7 connection to the City system that the Tribe could, at its 8 option, connect in, on its system, commercial uses; and 9 WHEREAS, the Tribe has agreed in exchange for the 10 connection that it will not allow connections other than those 11 of existing residential and specific commercial facilities 12 such as Tribal administration, Tribal school, library, senior 13 center, Tribal store, churches and current residential; and 14 WHEREAS, the Tribe has indicated a desire to build 15 additional single-family residential housing for its members 16 on Reservation property and desires to have those housing 17 units connected to the sewerage collection system and the 18 Tribe has indicated that such connections will be limited; and 19 WHEREAS, the City agrees pursuant to the Memorandum of 20 Agreement that the Tribe may connect a limited number of new 21 single-family residential housing units for Tribal members on 22 Reservation property to the system and for purposes of this 23 Agreement a limited number shall be less than one hundred 24 (100) ; and 25 26 Resolution No. 2671 September 12, 1995 Page 2 1 WHEREAS, the Tribe and the City will proceed to negotiate 2 a Sewer Connection Agreement in the future to provide for a 3 rate structure and payment terms, terms and conditions for the 4 connection of the Tribe sewerage collection and transmission 5 facilities to the City' s sewerage system, terms and conditions 6 for future Tribal connections into the system; all terms and 7 conditions for continued sewer service 8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 9 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 10 RESOLVES THAT 11 Section 1. The Mayor of the City of Auburn is hereby 12 authorized to execute a Memorandum of Agreement among the 13 Indian Health Service, the Environmental Protection Agency, 14 the City of Auburn and the Muckleshoot Tribe of the 15 Muckleshoot Indian Reservation Washington 16 Section 2 . The Mayor is hereby authorized to implement 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation. 19 20 21 22 23 24 25 26 Resolution No 2671 September 12, 1995 Page 3 r _y 1 DATED this 13th day of September, 1995. 2 3 CITY OF AUBURN 4 ( p n ia 6 CHARLES A BOOTH MAYOR 7 8 9 ATTEST: 10 11 12 /61 " 4 IN uai Robin Wohlhueter, 13 City Clerk 14 15 APPROVED AS TO FORM: 16 17 ti 18 Michael J Reynolds, 19 City Attorney 20 21 22 23 24 25 26 Resolution No. 2671 September 12, 1995 Page 4 MEMORANDUM OF AGREEMENT 51,7 _ta AMONG / / THE INDIAN HEALTH SERVICE �) THE ENVIRONMENTAL PROTECTION AGE' 7Y THE CITY OF AUBURN AND THE MUCKLESHOOT TRIBE OF THE MUCKLESHOOT INDIAN RESERVA%_C WASHINGTON PUBLIC LAR 86-121 PROJECT PO-94--690 This Agreement is made among the Indian Health Service, he:_. ._after referred to as IHS, acting through the Director, Portland Area Indian Health Service, Deprrrrnent of Health and Human Services, under and pursuant to the provisions of Public Law c.-- :21 (73 Stat. 267); the E--tvtronmental Protection Agency, hereinafter referred to as EPA, act_ through the Regional A,_umintstrator, Region 10, under and pursuant to the provisions of the e.ea n Water Act. as at:vended; the City of Auburn, hereinafter called the Citt- acting throum the Mayor and the i\l_uckleshoot Tribe of the Muckleshoot Indian Reservation, hereinafter ntned the Tribe, acting tE-rough the Chairperson of the Tribe. WHEREAS, the Tribe has identified the need for major impro-•errtnents in the sewage ec ;ilection, treatment and disposal facilities on the Reservation; and WHEREAS, the Tribe submitted a Project Proposal to IHS on t-L_ 24, 1993 requesting cc—mmunit. sewage system improvements and has submitted an applic-:no- to EPA for assistance ur der the Indian Set-Aside provisions of the Clean Water Act Amendne.rm-s: and, WHEREAS, IHS responded to the Project Proposal by indica>u _ its intent to assist the T r_t-ibe in improving the community sewage system:and_ WHEREAS, IHS and EPA concur in the need for a sewage co=ectguan and disposal sv.stem to protect the health of Tribal members and to safeguard the er.--mc-ment in and around the_ Reservation; and, WHEREAS,IHS and EPA have entered into a Memorandum _nierstanding to ccooperate in assisting Indian Tribes to address sewage treatment and c.--esal needs under the C. vnstruction Grants Indian Set-Aside Program; and. WHEREAS, EPA has approved the Tribe's apps.cation and has -___c ed funds under the Ir__aan Set-Aside provisions of Section 518(c) of the R ater Quality A. - cDendment of 1987 (P 1. 92-500); and, PO-94-690 WHEREAS :�.. diconal funding is available under compamoon project P0-95-879 to compete addition:" nrovements to the community sewer system. to serve the proposed HUD homes being cons.=jni seder HUD project WA 40-3 and, WHEREAS S. the Trbe. EP a and IHS entered into a Pre'.Im..nnan Mernc-andum of Agreement exectd - the Tribe on September 29, 1993 the IHS on October i 1993, and the EPA on November 15 1993 to provide for the planning phase of-`Ise project as outlined in the Preliminary Engines=- Report; and, WHEREAS. th IHS has completed the planning phase of:`Ise project and is ready to initiate the design: and _:on_auction phases of the project; and, NOW in order to carry out the project as set t forth in the attached Project Summary entitled_ "S__\NITATION FACILITIES CONSTRUCTIO-IN OF A COMMUNITY SEVI AGE COLLECT__ _DN TRANSMISSION SYSTEM TO REPL. ACE FAILING SEPTIC SYSTEMS ON T_- '_d IUCKLESHOOT INDIAN RESERVATION KING COUNTY, WASHINGTON. L-N-1:2ER THE INDIAN SET-ASIDE PROGRAM I OF THE CLEAN WATER ACT - 1987 AMEND ;IENFS, THROUGH THE ENVIRONMENTIAL PROTECTION AGENCY, PUBLIC L AV. 86-121 PROJECTS P0-94-690 AND PPO-95-879" dated June 1995, the parties mutual_\ erree: Tribal Contributions 1 TI-n: Trite shall designate by letter from the Cnairirperson to the parties a Project Represent a v_ :o coordinate its participation under this proi :ect. 2. Thai the -Tribe hereby grants permission for IHS EP 'A and the City and their representatives to emir-upon or cross lands of the Muckleshoot Indium Reservaion to carry out the project as out nned rn the attached Project Summary and as prov 'ided for in this Agreement, and further agrees to ,naive all claims which may arise by reason. of entry upon such lands, except those whicn q-aniif% under the Federal Tort Claims Act. 3 Thai the Tribe shall provide. at no cost to IHS or EP A, all required lands, easements, and rit his- -way os er lands controlled by the Tribe necr essary for construction of the sewage disposal E iL-aaes. as described in the attached Project Scnmary All interests in such lands. easements. and :n slit_-of-wa■ shall remain in the name of the Tribe. 4 That the Tribe shall provide necessary administ:avee, clerical. cility and operator support to assist c the _cesi p1 and construction phase of this project 5 Than the Tri c shall develop and adopt before soh:;taation by I:S for construction bids appropriate c.tocry eents governing the operation and mainter..;-nace of the T :posed facilities, including an ordir :t rules and regulations, plan of operation- _nni user fee schedule (or other acceptable sources of-evenue): that the Tnb-e shall implement specified procedures no later c nan upon completion of ccnstruction of the propcosed facilities. 6. That the Tribe shall secure. r:ne- to construction of the proposed facilities. the services of an operate-certified by the Stare c`Washington, Department of Ecology at the is appropriate to the fac:.ities const ucted. 7 That the Tribe sh'11 negotiate a Sewage Connection Agreement with the City to provide for the following: rate structure anc -payment terms; terms and conditions for the connection of the Tribe's sewage collection nand transmission facilities to the City's sewage system; and all terms and conditions for continued sewer service. 8. The Tithe agrees to collect a_ monthly user fees from all homes connected to lane Muckleshoot sewage collection and transntsssion facilities as outlined in the Project Summ r: and will compensate the City at the agreed _. ee structure provided for in the Sewage Conne moon Agreement with the City of Auburn. EPA Contributions 9 That EPA shall designate by letter to the parties a representative to coordinre :ITS participation in the Project. 10 That EPA shall provide to HIE-, technical assistance as needed to help meet applicable requirements to conduct success _uik the design and construction phase of the P- e_ct. 11 That pursuant to this Agrees ee nt, EPA shall transfer to IHS, through an Inte:- Agency Agreement, funds in an amount nc- , exceed 52,086,000 00 to provide the sewage facilities described in the Project Summar Cin of Auburn Contributions 12. That the City shall designate --• letter to the parties a Project Representative s coordinate its participation under this Project_ 13 That the City shall negotiate _. Sewage Connection Agreement with the Tribe to provide for the following: rate structure ant: -payment terms; terms and conditions for the connection of the Tribe's sewa .e collection end transmission facilities to the City's sewage system; terms and conditions for future Tr`:na. connections onto the system, and all terms a=d conditions for continued sewer service. 14 That the City agrees to pet— = the connection of existing domestic sewage. is r September 1, 1995, and future residential. _.-ngle family housing units only, to the extent of capacity allowed under the Agreement to be -negotiated, entitled "Sewage Connection Agreement" referred to in Para_-raphs 7 an± _ abo'e. P0-94-690 Indian Health Service Contribution_ 15 That IHS shall designate:: a Project Ea-t:ineer to manage the Project on behalf of the Tribe, as described in this Agreement t and the attached Project Summary 16. That IHS, utilizing EP 'A s con- ibutic , shall provide all labor, supplies, material_'- equipment, and professional and admninistrative services required to design and construct the facilities described in the Project Surnnrnary, including but not limited to engineering design and management, construction procuremeent. contract administration and management, construction inspection, reporting, final inspecuon. and warranty enforcement. 17 That the IHS will coercdtnate with the City all construction inspection activities of the sewage collection and transmissioon facilities as provided for in the Project Summary to ensure compliance with the approved rplans and specifications. The IHS will provide a completed Facility Extension Applicaation for all work performed on the City's facilities,. 18. That IHS shall certify, =and par all applicable construction contract payment requests and provide copies to the Tut and EPA. 19 That IHS, as manazer of the funds of this project, shall establish a separate account and set of accounting records_ reflecting all u-ansactions using funds received from EPA for this project; that II-IS shall charge to the project only those direct costs necessary or allocable to the project; that IHS shall provide t to EPA and the Tribe, upon request, detailed accounting data related to costs incurred for the pnroject; that ant change in the financial status of the project that would require a monetary conrihounon from the Tribe shall be reported by IHS to the Tribe within 48 hours of discovery 20 That IHS shall provide to the Tribe and EPA within 15 working days of the end of each quarter-year a brief report on Arco_less of the project, including funds expended and significant events. 21 That IHS, as part of its , contract requirements, will obtain from funds made available by EPA, a one (I) year warranty for the T be from IHS contractors, suppliers and manufacturers on all equipment, v.D&.and supplies provided under this Agreement. In the even_ of a problem occurring within the first' year of insta'-ation of IHS-installed facilities, equipment or work not protected by the warmrices of the suppi_ers or manufacturers, IHS will correct the problem, subject to the availability of funds and staff resources, as determined by IHS. Design Review 22. That the IHS shall :cabman to the Tribe. EPA and the City for review and comment and approval the draft and final deagr--. Including the plans and specifications for the sewage system collection and transmissio: faccihues and shall incorporate all reasonable requirements from said reviews into the final dessn_ The IHS incorporate in the design of the primary PO-94-690 `wage lift station provisio`: .a prevent and/or min — ze any environniennial effects caused by an surface or subsurface o•,er:coning discharge or le ka_e from the li- ._station. Project Technical Support 23 That from tir: .:c-tal funds made ava:laile to this project the EPA_ an amount of 10% will be utilized by IHS fir Project Technical Sport; that the fun's s shall be used to cover technical support costs such as _technician's wages_ tr_✓el_ and other su}ror:t costs: clerical support; testing, printing, and anther indirect technical support costs assc::aated with the planning, design, and construction of-de sanitation facilities prajecs. Project Schedule and Work ?:aan 24 That in the t:e:eest of coordination_ unietsanding and e:o,!:tomy before design or construction of the project h_ nns a Work Plan and priori- for the sche_:..umg and conduct of the Project shall be prepared M ±e IHS Project Engine in direct consultrior n with the Tribe and EPA. The Work Plan will s,e f\ the critical projec:-,A,ork elements to re a accomplished by IHS, the Tribe, the City and EP-V mad a time schedule for:orcpleting them. 7 no Work Plan may be modified or amended by the ?-_otect Engineer with the approval of the--:ace and EPA when necessary to facilitate accoxurshment of the Project Special Provisions for Proje t -Funding 25 That if the ac_a:.i costs of providing dose eligible facili_es s and services described ci the Project Summary are ifs:: than the total of S'2 ei6,000, then the c=r_rence will be returned to EPA on a pro-rata basis. _: on the other hand, at -ay point during d°si-_n. construction or project closeout the project] r : for the cost of these faiili_es exceeds $-v€, 6.000 then IHS will notify EPA and the Tribe irr—e=diately No addition-work shall be pe-_'o--rmed bw the IHS beyond the amount of funds aailable until addition funding has beer 7rcrovided by the parties and formalized in an Amencecnt to this Agreement 4ri: additional c:Lthrtbution b_y EPA shall to subject to the availability : * funding and prior approval of EPA. Final Inspection 26. That representaa- es3 from the Tribe, EPA the City and IHS sart111 conduct a joint final inspection to certify that all =e-awly constructed sew:a=e facilities are in ..:r-pliance with the approved plans and specific-it-cons and are installed a accordance with ri_ _ applicable rules and regulations. Saecial Provisions for Direct Project Managemen: b- IHS 27 That IHS shy_ __assure tha: all expend: ;res under the Pr'ez:_ are in conformance c ith and necessary to perfo— me scope of work described in the attacied Project Summary; that upon conclusion of the Prole-: IHS shall provide to EPA and the Tribt : _ :omprehensive listing PO-94-690 of all exper_=-_es under the Project, and the Director, Sanitation :_ :ilities Construction for the Portland -r ra_ _''ice shall confirm in writing the determination t`._ all sucE expenditures were in conforma-.c_ _h the approved scope of work in the Project 2S. That upon completion of construction, IHS, follow-- _ its nccnal procedures for final inspec_.._- and evaluation, shall determine that the facilities = e been constructed as designed anc_ n conformance with the approved scope of work in Projec Summary 29 That during the first year of operation of facilities c=nst acted, IHS shall provide technical asast__ance to help the Tribe to assure on-going compliance with its operational permits and design rzrrneters; that as part of its normal warranty inspect=_proceures, IHS shall conduct a ccr=ehensive inspection of the facilities constructed. shn i provide for warranty corrections accordance with Paragraph No. 21, and shall provide -recommendations and technical ass. :_:rice to help the Tribe demonstrate compliance wi-C -s oper-- onal permits and design parrs. Transfer arc. . C vnership of Facilities 30 :nat in consideration of the contributions made an_ ace responsibilities assumed by the Tribe_ _S. upon completion or termination of the Project s±al tranrf:r to the Tribe, through a T a der Agreement executed by all parties to this Ap rent, aL rights, title, and interest of E- S En all sewage facilities and equipment constructed --chase.:. installed, and/or rehabilitates _ flier this Agreement and all subsequent Amendmen 31 That the Tribe agrees to accept transfer of these face-res anc agrees to operate, maintain an:_ z=-air them as the property of the Tribe, and to keep -gem in effective operating condition fc-- as long as users are connected to the facilities. 32. That as required by the Clean Water Act, in recognan of the facilities provided under this F-rc-ect the Tribe shall comply with the following pros-a a. The Tribe agrees to operate and maintain the faci' pros hied through this Project in a proper manner while in Tribal owners: contrc: or use. The Tribe shall obtain EPA approval before sale,transfer or annndomr_ent of any of the Project facilities. b. :ne Tribe agrees to comply fully and cooperate vv-_= ne per brmance review activities being conducted by IHS, ongoing durin_ nee first Tear in service, hereby the operation and maintenance of the ne-tA __cilities and the overall aality of the facilities are observed. PO-94-p90 General Pr-,'tsions 33 That the tees of any required Amendments to this A__reement shall be drafted by IHS and ne cotiated b. the parties within 30 days of identification of.ne need for an Amendment by any par-- 34 That at the end of the project, IHS shall submit a project completion package to the parties o- this Agreement_ including a Final Report and complete ±unancial summary to close out the Projeect. All project files and financial documents shall be re.._atned by IHS in accordance with audit ,ecautrements of IHS. 35 That this Agreement shall remain in effect at least untL.1 the earlier of the following dates: a The date when all terms of this Agreement hat e been met. or b. December 31, 1997 36. That it after the date specified in Paragraph No. 35, =TIN project elements as specified m ..ne Project R ork Plan are not completed by the respons cie party(s), then an Amendmea: shall be negotiated within 30 days between the parties, -.with IHS assuming the lead role, to de::cce a plan to complete or terminate the Project. An. such _agreement shall include a provision i:.aa: all project facilities, complete or incomplete, shall bec.=-'me the property of the Tribe, and Hat all EPA funds not expended or obligated shall be trarn-:ferred immediatels from the project -,,ccount to EPA on a prorated basis of the EPA cash contr_ -loution to the total project cost. 37 That any disputes among the parties to this Aarcemea_ shall be handled in accordance •with IHS's dispute resolution procedure prescribed under _ Section 3.2E of the Guidelines :;cr the Utilizaton of the Memorandum of Agreement by =trine Indian Health Service Sanitation._acilities Construction Program. Concurrence with Project Summary and Memorandum of Agreement 38. That each parry to this Agreement has reviewed and cc:=ncurs with the combined Project Stzzzmary for P0-94-690 and P0-95-879, upon which this A-_reement is based. PO-L4-1-690 IN WITNESS TO THE TERMS OF `THIS AGREEMENT, the parties hereto have subscribed their names: FOR THE \f _ CKLESHOOT TRIBE. ( 10 � 7� deot-f-e Date Ch ' er n\.A kleshoot Tribal Council, having been duly authorize-f.LL fr rater into this Agreement on behalf of the Muckleshte�r`ribe. as evidenced by the attached Resolution mnade by the FOR TH- C:TY OF AUBURN 9—/s- ?C. Date Mayor, C_, :r_ Auburn FOR TIC I :DIAN HEALTH SERVICE. Date Director. Pcr-:_:and Area Indian Health Service, Department of Health an.:Fnnan Services FOR THE EN.7:VIRONMENTAL PROTECTION AGENCY Date Director. n=7 Division, Region 10, Environnn. Protection Agency P0-94-690/95-879 Prepared By A' ' ' Peter Nachod, Environmental Engineer Date Seattle District Office Recommended By rkiall ft Lam 6-8 _7s Michael R. Weaver, P.E., DEE, District Engineer Date Seattle District Office Approved By / /29. _ _ : 6 I 2R /R5 Richard R. Truitt, P.E., Director Date Division of Sanitation Facilities Construction Portland Area Office Concurred By AA wAele 741/4r T R Webster, P.E., Director Date Office of Environmental Health and Engineenng Portland Area Office SSUPPLEMENT AGREEMENT TO ssA.ORANDUM OF AGREEMENT AMONG 7,IHE MUCKLESHOOT TRIBE OF THE murricLESHOOT INDIAN RESERVATION WASHINGTON AND THE CITY OF AUBURN This Agreement is entered into this A31-1-) day of September, 1995, =eetweer• the Muckleshoot Tribe of the Muckleshoot Indian = eservaticn, hereinafter referred to as the "TRIBE" and the -City of Auburn, hereinafter referred to as "AUBURN" WHEREAS, the _City Council of Auburn authorized the Mayor enter into a HAemcrardum of Agreement among the Indian Health Service, t== BRA, Auburn and Tribe at a special meeting of the _inty Council on September 13 , 1995, contingent upon the jexecution of this Agreement; and WHEREAS, the --pose of this Agreement is to establish a clear understanding: of the goal of negotiating the finance section of the Sewa_.e Connection Agreement; NOW THEREFORE based upon mutual consideration the parties agree as fc=_nows Supplemental Agreement September 13, 1995 Page 1 (legal/agree sa-mt) 1. The TRIBE a=zi AUBURN agree to negotiate a Sewage Connection Agreement one element of which will be allocation of costs, both operational and capital In negotiating this element the parties will allocate costs to the party that is util_zing or will utilize the capacity. MUCKLESHOOT TRIBE VIRGINIA CROSS, Chairperson MUCKLESHOOT TRIBAL COUNCIL DATE APPROVED AS TO FORM ROBERT L OTSEA, JR Tribal Attorney Supplemental Agreement September 13, 1995 Page 2 (legal/agree sa-mt) CITY OF AUBURN f- CHARLES A BOOTH Mayor DATE: 943- `RS- ATTEST: Robin Wohlhuaeter, City Clerk APPROVF1) AS TO FORM. jetak jAS - Michael J. RReynolds, City Attorneey Supplemental A reeement September 13 ;;; 5 Page 3 t:_aL/ rpz- sa-m-) Ots c►r CHARLE&A.B00711,MAYOR ff`sti AUBURN CITY CLERK Robin Wohlhueter,City Clerk I� 25 West Main, Auburn,WA 980171 Dani Daskam, Deputy City Clerk City Clerk:(253)931 3039 Tamie Bothell, Records/License Clerk 'Business Registration:(253)931-3007 Fax:(253)288-3132 '7a 5:e 0 117 hi STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2671 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2671 " I certify that said Resolution No 2671 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 13th day of September, 1995 Witness my hand and the seal of the City of Auburn this 20th day of October, 1997 44(42 &i DaniellaDaskam, City Clerk CO of Auburn rd 02�i2/ • CHARLES A. BOOTH, MAYOR AUBURN CITY ATTORNEY Michael J. ReyiVld§, Acting City Attorney 25'West Main, Auburn WA 9800P'4998 Judith C. Ausman, Assistant City Attorney Ja i^ Karen C. Gulliver Prosecutor ? .^ (206) 931-3030 • September 14 , 1995 oi'�l y & 7 Robert L. Otsea, Jr Muckleshoot Indian Tribe Office of the Tribal Attorney 39015 172nd Avenue SE Auburn, WA 98002 Michael R Weaver, P. E Department of Health & Human Services Seattle District Office Indian Health Service 2201 Sixth Avenue, Room 300 Seattle, WA 98121 Re: MEMORANDUM OF AGREEMENT AMONG THE INDIAN HEALTH SERVICE AND THE ENVIRONMENTAL PROTECTION AGENCY, THE CITY OF AUBURN AND THE MUCKLESHOOT TRIBE OF THE MUCKLESHOOT INDIAN RESERVATION WASHINGTON RESOLUTION NO. C2'67F SUPPLEMENT TO AGREEMENT TO MEMORANDUM OF AGREEMENT Dear Rob and Mike Based upon telephone conference with Laurie from Mike's office, they will pick up 5 executed copies of the above Please note that all of the above must be read together, that is the Resolution sets forth facts to clarify the Memorandum of Agreement and the Supplement covers a concern the Public Works Committee had. 1 Robert L. Otsea. Jr Michael R. Weaver September 14 1995 Page 2 If there is a disagreement with anything in any of the above please advise before execution We look forward to working with Rob to work out details of the Sewer Connection Agreement Please note that these Agreements and Resolution allow the connection of existing homes and facilities and 100 additional residential homes This was to address the Tribes desire for additional housing units for its members which are of immediate concern Thank you both for your courtesy and cooperation. Very truly yours, MICHAEL J REYNOLDS City Attorney MJR: jb cc: Mayor Charles A Booth Paul Krauss, Planning Director Frank Currie, Director Public Works (legal/sept-95)