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HomeMy WebLinkAboutMuckleshoot Indian TribeCITY OF AUBURN - MUCKLESHOOT INDIAN TRIBE INTERLOCAL AGREEMENT FOR PREPARATION OF AN ORTHOPHOTOGRAPHY DATABASE THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the 4 ~h day of n'L !~ (2.C~ }~ 2007, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "City"), and the MUCKLESHOOT INDIAN TRIBE (hereinafter referred to as the "Tribe"). WITNESSETH: WHEREAS, the City has contracted with MapCon Mapping Inc. for aerial photography of the City and preparation of an orthophotography database from those photos; and, WHEREAS, a portion of the Muckleshoot Reservation lies within the City and will be included in the City's orthophotography database; and, WHEREAS, the City and Tribe agree to add the rest of the Reservation to that area being photographed by MapCon and included in the orthophotographydatabasev and, WHEREAS, the City and Tribe agree to share the costs of the photography and database preparation for those areas lying within both of their boundaries and to each pay the full costs associated with their respective non-overlapping areas. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, THE PARTIES HERETO DO HEREBY AGREE as follows: 1. The City shall modify the scope of work of its agreement with MapCon to add the following map sections: 36-21-05, 31-21-06, 6-20-06, 1-20-05, 12-20-05, 7-20-06, 18-20-06, 13-20-05, and 14-20-05, and MapCon's work for these map sections shall be the same as those lying within the City. The Tribe shall pay to the City Five Thousand Dollars ($5,000.00) for each of these map section, totaling Forty-Five Thousand Dollars ($45,000.00), to cover the cost of MapCon's work for these sections. 2. Upon receipt of the same from MapCon, the City shall provide the Tribe with computer files containing an orthophotography database containing the above-described map sections and map sections 20-21-05, 28-21-05, 2-20-05, and 34-21-05, which lie both within the City and the Reservation. The Tribe shall pay to the City Two Thousand, Five Hundred Dollars ($2,500.00) for each of these four map section, totaling Ten Thousand Dollars ($10,000.00), to cover one-half of the cost of MapCon's work for these sections. Page 1 3. The total amount that the Tribe shall pay to the City is Fifty-Five Thousand Dollars, which shall be paid to the City as the Tribe's pro rata share of the City's progress payments to MapCon within fifteen (15) days of receipt of a copy of MapCon's latest invoice to the City. 4. NOTICES All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the Tribe Grant Timentwa 39015 172°a Ave SE Auburn, WA. 98092 (253) 876-3327 (253) 876-3182 To the City: City of Auburn 25 West Main Auburn, WA 98001-4998 Attn: Ashley Riggs Phone:(253) 931-3000 FAX (253) 931-3053 or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 5. INDEMNIFICATION A. The Tribe shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the City 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 of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Tribe; and provided further, that nothing herein shall require the Tribe to hold harmless or defend the City, its agents, employees and/or officers from any claims arising from the sole negligence of the City, its agents, employees, and/or officers. No liability shall attach to the City by reason of entering into this Agreement except as expressly Page 2 provided herein. B. The City shall indemnify and hold the Tribe and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the Tribe arising out 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 this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the Tribe, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the City; and provided further, that nothing herein shall require the City to hold harmless or defend the Tribe, its agents, employees and/or officers from any claims arising from the sole negligence of the Tribe, its agents, employees, and/or officers. No liability shall attach to the Tribe by reason of entering into this Agreement except as expressly provided herein. 6. WAIVER OF SUBROGATION The Tribe and the City hereby mutually release each other from liability and waive all right of recovery against each other for any loss caused by fire or other perils which can be insured against under fire insurance contracts including any extended coverage endorsements thereto which are customarily available from time to time in the State of Washington, provided, that this paragraph shall be inapplicable to the extent that it would have the effect of invalidating any insurance coverage of the Tribe or the City. 7. COMPLIANCE WITH REGULATIONS AND LAWS The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 8. ASSIGNMENT The parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other party. 9. ATTORNEYS' FEES If either party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other party with respect to this Agreement, and in the further event that one party shall substantially prevail in such action, the losing party shall, in addition to all other payments required therein, pay all of the prevailing party's reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in the trial court and in any appellate courts. 10. MISCELLANEOUS A. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the parties hereto. B. This Agreement shall be deemed to be made and construed in accordance with the Page 3 laws of the State of Washington jurisdiction and venue for any action arising out of this Agreement shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington. C. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. D. The duration of this Agreement shall be for or for the period of time it reasonably takes for the performances by the parties as completed herein. E. Unless otherwise specifically provided herein, no separate legal entity is created hereby, as each of the parties is contracting in its capacity as a municipal corporation of the State of Washington. The identity of the parties hereto is as set forth hereinabove. F. The purpose of this Agreement is to accomplish the objectives of this Agreement. G. The funding of the respective obligations of the parties shall be out of the respective general funds/current expenses of the parties, except as otherwise specifically provided. H. The performances of the duties of the parties provided hereby shall be done in accordance with standard operating procedures and customary practices of the parties. I. Unless a joint oversight and administration board is created as provided herein, the oversight and administration of the Agreement shall be by the respective named representatives identified in Paragraph 4 hereof, or their designees. J. Unless otherwise specifically provided herein, any real property to be held in connection herewith, if applicable, shall be held as the separate property of the party or parties in whose name(s) the property is/was acquired. K. No provision of this Agreement shall relieve either party of its public agency obligations and or responsibilities imposed by law. L. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time the City shall have the right to terminate the Agreement. M. This Agreement constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. N. Copies of this Agreement shall be filed with the Auditor's Office of the county in Washington State in which the property or project is located, and if not site specific, then in the King County Auditor's Office; the Secretary of State of the State of Washington; and the respective Clerks of the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. MUCKLESHOOT INDIAN TRIBE CITY OF AUBURN Page 4 1 _< Its: ~~1 ~. ~1,;.r~ 1~_i.d,~r~,~~'~_7- -~rv~~k:~ ~ '~~t ~~i Attest: Approved as to form: ~' , ~/ , '~ Attorney fog Muckleshoot Indian Tribe /~ Peter B. Lewis, Mayor L , Attest: City Clerk Page 5 MUCKLESHOOT TRIBAL COUNCIL 39015 172nd Avenue S.E. Auburn, Washington 98092-9763 (253) 939-3311 Fax (253) 931-8570 TAX FUND RESOLUTION C~~1 ` 0-~ TO APPROPRIATE AND EXPEND 2007 NON-RECURRING FUNDS FROM THE INFRASTRUCTURE RESERVE FOR INTERLOCAL AGREEMENT WITH THE CITY OF AUBURN FOR AN ORTHOPHOTOGRAPHY DATABASE - $55,000 WHEREAS, the Muckleshoot Indian Tribal Council is the duly constituted governing body for the Muckleshoot Indian Reservation by authority of and is herein acting solely pursuant to its constitution and bylaws approved May 13, 1936 by the Secretary of the Interior, and as amended June 28,1977 and not pursuant to its Indian Reorganization Act Corporate ratified October 31, 1936: and WHEREAS, Article VI.1.g. of the Tribal Constitution and By-Laws empowers the Tribal Council to appropriate and expend Tribal funds; and WHEREAS, the ECCD is requesting approval of an Interlocal Agreement with the City of Auburn for the preparation of an Orthophotography Database, and WHEREAS, the funds needed are NTE $55,000 from the Infrastructure Reserve, and, NOW, THEREFORE BE IT RESOLVED by the Tribal Council of the Muckleshoot Indean Tribe that the Interlocal Agreement with the City of Auburn is approved, and NOW, THEREFORE BE IT RESOLVED by the Tribal Council of the Muckleshoot Indian Tribe that an amount NTE $55,000 are hereby appropriated from the Infrastructure Reserve Fund for the above stated purpose and no further resolution is needed for this purpose, and, NOW, THEREFORE BE IT FURTHER RESOLVED by the Tribal Council of the Muckleshoot Indian Tribe that the Tribal Treasurer and/or Tribal Finance Department is hereby authorized and directed to execute necessary actions to expend an amount NTE $55,000 from the Infrastructure Reserve for the designated purpose. The ATOM for CD is the person responsible for requesting and approving the use of funds. CERTIFICATION As Secretary of the Muckleshoot Indian Tribal Council, I hereby certify that the above resolution was duly adopted at a `~ a sc-c ~ . meeting of the Tribal Council on the ~ day of 2007, held on the Muckleshoot Indian Reservation, Auburn, WA, at which a quorum was pre a vote of ~ for , ~_ against and c~ abstentions. Tribal u '1 Secretary 1 ,.. ' ,~ ~- Tfbal Council Chairman/Vice-Chair