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HomeMy WebLinkAboutIL107 Interlocal Agreement After Recording Return to: FURLONG+BUTLER ATTORNEYS $25 CLEVELAND AVENUE MOUNT VERNON,WASHINGTON 98273 (360)336-6508 INTER-LOCAL AGREEMENT BETWEEN SAMISH INDIAN NATION AND THE CITY OF ANACORTES The parties to this Inter-local Agreement dated this( h day of ` Q 2010, are Samish Indian Nation, a federally recognized Indian Nation (the ation") and e City of Anacortes, a municipal corporation organized as a Washington optional municipal code city under Title 35A RCW(the "City"). I. RECITALS WHEREAS, the Nation and the City have authority under the Washington Inter-local Cooperation Act, Chapter 39.34 RCW,to enter into this Inter-local Agreement("Agreement") as set forth herein; and WHEREAS,the Nation intends to construct certain road improvements commonly known as the Fidalgo Bay Road Improvements (hereinafter the"Improvements" and/or the"Project"); and WHEREAS, the United States Congress has allocated funds for the construction of the Improvements; and WHEREAS, the United States Congress apportioned funds for expenses related to the Improvements through the Federal Highway Administration ("FHWA Funds"), which funds are administered in the state of Washington by the Washington State Department Transportation ("WSDOT"); and WHEREAS,WSDOT publishes and periodically revises the Local Agency Guidelines the"LAG Manual") which governs processes and procedures to be utilized by the Nation and the City with respect to a project eligible for reimbursement with FHWA Funds and for construction to be reimbursed by FHWA Funds; and WHEREAS,the latest edition of the LAG,M 36-63, shall apply to this Project; and WHEREAS, the City is certified by WSDOT to inspect, manage, document and otherwise administer Federally Funded construction contracts, and WHEREAS, the Nation is not certified to administer the contracts for the design and construction projects and has asked the City to assist in the Project by acting under its Certified Acceptance Agreement for the Project, and WHEREAS, the Nation shall retain ultimate financial responsibility for expenses related to the design and construction of the Improvements up to the amount of the FHWA Funds allocated by the federal government for the Improvements; and WHEREAS, WSDOT has confirmed that, after the FHWA administrative take down of less than 1%, funds in the amount of$449,387 are available for the Improvements, subject to further drawdowns by WSDOT; and WHEREAS, the Nation and the City have agreed to procedures for the design and construction of the Off-Site Improvements and Parking Facilities with utilization of the FHWA Funds; it is THEREFORE,HEREBY AGREED BETWEEN THE PARTIES as follows: IL AGREEMENT A. CITY OBLIGATIONS 1. Design Development. The City shall cause to be prepared plans and specifications adequate for the construction of the Improvements. The City shall retain such design professionals as are necessary for the accomplishment of these tasks. The plans and specifications for the Improvements shall meet City Public Works construction standards and comply with applicable federal and state requirements, including those set forth in the LAG Manual. The City shall, upon completion of plans and specifications, obtain as necessary, estimates for construction of the Improvements as required by Chapter 39.04 RCW. The costs of completing the foregoing design activities shall be paid pursuant to Paragraph B, subparagraph 1. 2. Bid Packages. The City shall cause to be prepared bid packages for construction of the Improvements. The bid packages shall be prepared in compliance with Chapter 39.04 RCW and INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 2 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES all applicable federal and state regulations, including those contained in the LAG Manual. The City shall require that the design professionals who create the bid packages engage in the normal course of providing information and clarifications to potential bidders, assist in bid openings and assist in the evaluation of bids, including recommendation of award in compliance with Chapter 39.04 RCW and the LAG Manual. The bid packages shall identify the City as the "Owner" and contracting party for construction of the Improvements. The Project shall be put out to bid at time for completion of the Improvements pursuant to a construction schedule established by the City. The foregoing bid package services shall be paid by the City pursuant to Paragraph B, subparagraph 1. 3. Property Acquisition. The City shall not be required to exercise its powers of eminent domain to acquire any right of way or construction easements for this Project. The City shall attempt to secure any necessary permits, permissions or authority from the state of Washington for activities contemplated hereby that will occur in the right of way for State Route 20 Spur. Any fees payable there for shall be paid pursuant to Paragraph B, subparagraph 1. 4. Environmental Review. An environmental review, pursuant the National Environmental Protection Act (NEPA), shall be conducted by the City. The City shall arrange for completion of all required permits including, NEPA documentation and any required S.E.P.A. documentation to be paid pursuant to Paragraph B, subparagraph 1. 5. Bid Solicitation and Award. a. The City shall, in full compliance with applicable state law and the LAG Manual provisions, administer the process of bid solicitation for the Improvements, including provision of supplemental information to potential bidders, bid opening, bid review and bid award and protest. The City shall delegate these activities to its design professionals as set in Paragraph A, subparagraph 2, above. The City shall be named the "Owner" and contracting agency for both projects. b. The City shall transmit a request for Construction Authorization to WSDOT along with the required number of copies of the Project P, S & E. A copy of this request shall be transmitted to the Nation. c. Once Construction Authorization is received from WSDOT, the City shall notify the Nation by copy of the authorization. The City may then to proceed with the advertisement for bids. The City will establish a bid opening date that provides for a minimum INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 3 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES advertisement period of three weeks from the date of the first legal publication as required by the LAG Manual. The City shall also arrange for a minimum of two advertisements to be posted in the official legal publication of the City, as well as the Seattle Daily Journal of Commerce. d. All bids shall be received at the time and place specified in the bid documents and advertisements, and opened and read aloud as required by the LAG Manual. After opening and reading the bids, the City shall take custody of the bids and review them for accuracy and completeness as required by the LAG Manual. The City shall also prepare a bid tabulation showing all items for work and the bid amounts for each item, the extended amounts for each item and the total amount of the bid. The bid tabulation shall also contain the Engineer's Estimate in the same manner. A copy of the bid tabulations shall be transmitted to the Nation and additional copies shall be made available for public inspection. 6. Project Administration and Inspection. a. The City shall, in consultation with the Nation, undertake the administration of all phases of post-bid construction of the improvements contemplated herein until such improvements are complete, have been "final" accepted and all costs and expenses paid and/or disputes, if any, resolved. Such administration shall be in full compliance with state law and the LAG Manual. b. The City may hire a third party to administer either or both projects and/or to conduct inspections and act as Owner's representative. The costs related thereto shall be paid by the City with reimbursement from FHWA Funds, pursuant to the procedures set forth in Paragraph B, below. c. The Nation, as requested, will be responsible for Obligating Federal Aid Construction Funds through WSDOT by executing the appropriate Local Agency Agreement and/or Supplement thereto. d. The City shall engage in all activities required to close out the Project in compliance with state law. 7. Materials Testing. To the extent required by the plans and specifications, the LAG Manual or prudent engineering standards, the City or third-party administrator shall hire the appropriate professional(s) and conduct material testing with respect to materials used in the construction of both projects. The City or third-party administrator shall arrange for, and supervise to the extent necessary, all material testing activities. The costs related to material testing activities shall be INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 4 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES paid by the City,with reimbursement from the FHWA Funds pursuant to the procedures set forth in Paragraph B, subparagraph 1, below. 8. Permits. The City shall cause to be issued all necessary permits in which the City has jurisdiction and in accordance with the City's Municipal Code. Fees related to the permits shall be paid pursuant to the procedures set forth in Paragraph B, subparagraph 1,below. 9. Records. The City or third-party administrator shall keep complete records of all its activities hereunder. Such records shall be promptly available for review and/or copying by the Nation upon reasonable request. All records shall be maintained in conformance with Washington law. B. PAYMENT OF COSTS AND EXPENSES/OWNERSHIP OF IMPROVEMENTS 1. Payment of Expenses. The parties expect that all Expenses, including Design Development, Bid Packages, Environmental Review, Permit Fees construction and labor costs, materials testing, inspection fees and project administration fees, whether owed to a third party ("Construction Fees") or reimbursable to the City ("City Reimbursable Expenses," as defined below) will be paid from FHWA Funds. The City shall not approve or incur any expenses of any kind related to the Project, for design, administration or management, or construction, or any other expenses or costs, that will exceed the amount of funds allocated by the federal government for the Improvements, without the express written approval of the Nation,which may be withheld in the Nation's sole discretion. However, the Nation be shall be ultimately responsible for all Construction Fees and City Reimbursable Expenses related to the Improvements in an amount not to exceed the allocated FWHA Funds,unless agreed in writing by the Nation. The City shall once a month, upon the receipt of invoices related to the design, permitting, evaluation and approval of the Improvements from all engineers, consultants, material providers, contractors, materials testers and the Owner's representative/inspector, provide such invoices to the Nation for review. The City thereupon shall seek reimbursement for such payments from WSDOT from the FHWA Funds. The City shall, on a monthly basis, generate an invoice for its City Reimbursable Expenses, described below, and related to administration of this Project that shall be provided in writing to the Nation and the City shall submit the invoices to WSDOT for reimbursement from the FHWA Funds. At such time as the City anticipates that the FHWA Funds will be exhausted,the City may, in its sole discretion,take INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 5 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES those steps it deems necessary to terminate the Project so that the FHWA Funds are adequate to pay all Construction Fees and City Reimbursable Expenses. 2. Calculation of City Reimbursable Expenses. The City shall be reimbursed for the hourly wage or salary and cost of benefits (based on hours devoted to the Project) of its employees and agents, including legal counsel, while engaged directly in development and management of this Project and for long distance telephone calls, facsimile charges and/or travel charges properly documented based, plus five percent (5%) ("City Reimbursable Expenses") based on the Schedule of City Reimbursable Expenses attached as Exhibit A hereto. 3. Ownership of Improvements. a. The Improvements shall be exclusively owned by the City, which shall have the sole obligation to maintain the Improvements. The Nation shall, upon request, execute any reasonable document establishing the City's ownership of the Improvements. b. Any third-party warranties attaching, and/or claims related, to either the Improvements are hereby assigned by the Nation to the City. The Nation shall, upon request, cooperate with the City to document such assignment and/or to pursue a claim or warranty claim against a third party. C. SHARED DUTIES 1. The parties shall each share responsibility for and the obligation to carry out the following duties: Each party shall keep the other party reasonably informed as to material facts concerning the design and construction of project contemplated by this Agreement and the payment there for. The parties shall communicate by such means as is reasonably prudent, except where written notices are required as set forth in this Agreement. Written notices shall be provided by hard copy, either by personal delivery, postal mail, facsimile or by e-mail. The parties shall establish a reasonable schedule for regular communications during the course of the administration of this Agreement. The parties shall agree upon the form and content of information required to be exchanged hereby. The City shall be exclusively in control of design development, creation of bid packages, property acquisition, and environmental review, as set forth in Paragraph A, subparagraphs 1 — 4, above. The City shall consult with the Nation concerning these activities INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 6 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES and take into consideration the reasonable expectations of the Nation in the construction of the Project. The City shall have the day-to-day responsibility for the administration of design development, creation of bid packages, environmental review and construction contracts. The City make all material decisions with respect to the construction of the Project without the written consent of the Nation, such as: (1) contract award; (2) the resolution of any dispute with any person or entity providing services or materials as part of either project, or with WSDOT; (3) agree to any change order that will cause the total of the construction costs of the Project to exceed ten percent (10%) of the contract amount; and (4) any addition or deletion or modification to the Improvements. The Nation shall have no financial responsibility for Construction Fees or City Reimbursable Expenses incurred without these approvals. The City shall be responsible for ensuring contractor compliance with these regulations. Compliance will be documented in accordance with the provisions of the LAG and Construction Manuals. The City will review the Project P, S &E to ensure that all necessary contract provisions are included in the Contract Documents. The contractor and all subcontractors, will be required to submit a "Notice of Intent to Pay Prevailing Wages" to the Washington State Department of Labor and Industries naming The City as the Contracting Agency. D. MISCELLANEOUS PROVISIONS 1. Legal Provisions. This Agreement shall be construed pursuant to the laws of the state of Washington. Venue for any suit or action between the parties shall be exclusively in Skagit County Superior Court. The prevailing party in any action shall receive an award of its reasonable attorney's fees and costs, including those incurred on appeal. 2. Duration. The term of this Agreement shall commence upon mutual acceptance by the parties and terminate when the projects are complete, final acceptance has been made, all expenses have been paid and any disputes resolved;provided, that the parties accrued rights and obligations at the time of termination as established herein, including, but not limited to, the provisions in this Paragraph D, shall survive termination. INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 7 of 17 FIDALGO ROAD IMPROVEMENTS SANIISH INDIAN NATION CITY OF ANACORTES 3. Administration/Notices. The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed,the party making the change shall notify the other party: Nation's representative shall be Ted Gage The City's representative shall be Jeff Beltramini Any notice required to be given in writing pursuant to the terms of this Agreement shall be addressed as follows: To the Nation: Samish Indian Nation do Ted Gage P.O. Box 547 Anacortes, WA 98221 (360) 293 - 6404 x 118 telephone (360)299 - 0790 facsimile To the City: City of Anacortes Public Works Department do Jeff Beltramini P.O. Box 217 Anacortes, WA 98221 (360)293 - 1920 x 239 telephone (360)293 - 1938 facsimile With Copy to: Bradford E. Furlong 825 Cleveland Avenue Mount Vernon, WA 98273 360) 336-6508 telephone 360) 336-3318 facsimile bef@furlongbutler.com INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 8 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES Any notice addressed to the postal address to the recipient, as set forth above, shall be deemed delivered and received the third day thereafter, any facsimile message shall be deemed delivered upon transmission, as shall any e-mail message. The parties shall be deemed to have received such notices at the addresses and telephone numbers listed above, unless the party(ies) shall have given written notice to the other party of any change(s). 5. Mutual Indemnity. a. The Nation shall indemnify the City for any claim of loss by a third party for personal injury or property damage to the extent such loss resulted from an act or omission of the City, its employees or its agent. Such indemnity obligation includes the amount of any judgment in favor of such a third party and the cost of defense of any claim, including attorney fees. b. The City shall indemnify the Nation for any claim of loss by a third party for personal injury or property damage to the extent such loss resulted from an act or omission of the City, its employees or its agent. Such indemnity obligation includes the amount of any judgment in favor of such a third party and the cost of defense of any claim, including attorney fees. c. Each party shall, upon learning of any third-party claim or potential third- party claim, shall give written notice of such clam or potential claim to the other party. d. No party shall admit liability of the other party nor settle or compromise any claim in a manner requiring contribution from or imposing liability on the other party without the other party's prior written approval. 6. Relationship of Parties. The parties are not acting as partners or as joint venturers hereby. Neither party assumes the liabilities of the other party related to the activities contemplated hereby. This Agreement shall not be construed to confer any benefit on any person or entity not a party hereto. 7. Inte gration/Amendment. This Agreement constitutes the entire understanding between the parties and any oral agreements or representations shall be disregarded. Any amendments to this Agreement shall become effective only upon mutual written agreement of the parties. INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 9 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES S. Interpretation. No inference or presumption shall be drawn if a party or its attorney prepared and/or drafted this Agreement; it shall be conclusively presumed that the parties participated equally in its preparation and/or drafting. Each party was represented by counsel in the preparation of this Agreement. Should any provision of this Agreement be held by a court to be invalid or unenforceable,the other provisions shall remain in full force and effect. 9. Force Majeure. If either municipality is rendered unable, wholly or in part, by force majeure or any other cause of any kind not reasonably within its control to perform or comply with any obligation or condition of this Agreement upon giving written notice to the other party, such obligation or condition shall be suspended during the continuance of the inability so caused and such party shall be relieved of any liability during such period. The term force majeure shall include, without limitation by the following enumeration, acts of God, federal, state, county, or municipal orders, regulations or directives of any governmental authority or persons purporting to act therefor, or when the supply of product or any facility of production, manufacture/storage, transportation, distribution or delivery contemplated by either party is prevented or delayed by terrorist or enemy attack, riots, other disturbances, earthquakes,hurricanes, strikes,or lockouts of any class of workmen, or stoppage of labor, or damage to piers or essential equipment, floods, fire, explosion, or destruction from any cause of any character either similar or dissimilar to the foregoing and reasonably beyond the control of the party failing to perform. 10. Signing/Recording. This Agreement may be executed in counterparts and shall be recorded with the Skagit County Auditor at the Nation's Expense. 11. Dispute Resolution. In the event of a dispute between the City and the Nation regarding the rights, duties, or liabilities of the parties under this Agreement, or the delivery of services under this Agreement, the Nation's Tribal Council; and the City Council shall designate representatives who shall review such dispute and discuss options for resolution. If any dispute, controversy or claim arising out of or relating to this Agreement or the alleged breach of such Agreement cannot be resolved by the parties, such dispute shall be submitted to binding arbitration in accordance with the rules and procedures of the Commercial Rules and Expedited Procedures of the American Arbitration Association, with appeal limited to INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 10 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES that set forth in Chapter 7.04 RCW. The judgment or award rendered by the arbitrator may be entered and enforced in Skagit County Superior Court. In any arbitration or suit to compel arbitration or to enforce an arbitrator's award, the prevailing party shall receive an award of its reasonable attorney fees and costs, including those incurred on appeal. 12. Nation's Limited Waiver of Sovereign Immunity; Jurisdiction; Binding Arbitration; Remedies Against Tribal Assets; Tribal Council Resolution. a. The Nation expressly and irrevocably grants a limited waiver of its immunity and consents to suit by City and only for the benefit of the City in the Skagit County Superior Court and in the United States District Court for the Western District of Washington, and if the Skagit County Superior Court and the United States District Court for the Western District of Washington are without, abstain, or decline to exercise jurisdiction, in the any Tribal Court, at the City's sole option, to enforce the terms of this Agreement. This limited waiver confers no right to or benefits on any third party. b. The Nation and City voluntarily submit themselves to the exclusive jurisdiction of the Skagit County Superior Court, to the exclusion of any other court, forum, remedy, or proceeding, to resolve any Dispute;provided, however, if for any reason the Skagit County Superior Court does not have, abstains, or otherwise declines to exercise subject matter jurisdiction over any Dispute,the Nation and City voluntarily submit themselves to the exclusive jurisdiction of the United States District Court for the Western District of Washington, to the exclusion of any other court, forum, remedy, or proceeding, to resolve any Dispute; and,further provided, if for any reason the United States District Court for the Western District of Washington is without, abstains or otherwise declines to exercise subject matter jurisdiction over any Dispute, the Nation and City voluntarily submit themselves to binding arbitration as the exclusive remedy to resolve any Dispute ("Binding Arbitration"). The Commercial Arbitration Rules of the American Arbitration Association shall apply in Binding Arbitration. If a question exists whether a matter is a Dispute subject to Binding Arbitration, that question shall be decided solely by the arbitrator(s), whose decision shall be final and binding, the same as any other matter subject to Binding Arbitration herein. Costs of the arbitration shall be borne equally by the parties. Under American Arbitration Association rules,the arbitrator(s) is limited to entry of an order or judgment to enforce the terms of this Agreement. Each Party consents to suit solely by the other party in the Skagit County Superior Court and the United States District Court for the Western District of Washington in the order and subject to the considerations described in the first sentence of this subsection, and in any Tribal Court solely at the instance of the City if and after the Skagit County Superior Court and the United States District Court for the Western District of Washington both determine, or the Parties agree, that such courts are without jurisdiction or such courts abstain or otherwise decline to exercise jurisdiction to (i) enforce the INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 11 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES Parties' agreement to resolve any Dispute by Binding Arbitration; (ii) confirm, enter judgment on, and enforce any award arising out of Binding Arbitration in accordance with standards set by the Federal Arbitration Act; and(iii) vacate,modify, or correct any decision or award arising out of Binding Arbitration in accordance with standards set by the Federal Arbitration Act. As to any Dispute submitted to Binding Arbitration, the parties expressly waive any right to seek judicial remedies, except as provided above, including the right to a jury trial. hi a Binding Arbitration proceeding, interpretation of this Agreement shall be governed by Washington state law. c. The parties agree that the City shall have all legal remedies available now and during the term this Agreement under Washington state law, except as limited by this Agreement. d. To the extent exhaustion of tribal remedies under federal law may apply to any dispute that arises under this Agreement, the Tribe expressly waives any such exhaustion requirement in favor of the dispute resolution procedures set forth in this Section. If for any reason any Dispute is deemed to be or may be subject to any rule of law, equity, comity, or otherwise requiring exhaustion of Tribal remedies, the Parties designate Binding Arbitration, including procedures for enforcement and review thereof, as provided in subsection b herein, as the exclusive Tribal remedy. If any proceeding is initiated in any Tribal Court or any other Tribal forum, whether legislative, executive,judicial, or otherwise, relating to a Dispute without Lessor's advance written consent (a "Proceeding"), the Nation shall immediately give notice thereof to the City and seek dismissal of such Proceeding and take and follow such other action relating to such Proceeding as required by the City. e. The Tribe pledges the funds appropriated by the United States Congress for the Fidalgo Bay Road Improvement projects and administered by the Federal Highway Administration. The Nation's limited waiver of sovereign immunity under this Agreement is limited to the funds appropriated by the United States Congress for the Fidalgo Bay Road Improvement projects and administered by the Federal Highway Administration. INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 12 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES f. Attached hereto as Exhibit B is a Resolution of the Samish Indian Tribal Council approving this Agreement and the waiver of sovereign immunity set forth in this Agreement. The Resolution shall provide, in addition, that it may not be revoked, rescinded, modified, or amended without the City's advance written consent and that no approval or other action by the Nation, other than enactment of the Resolution described in this subsection and execution of the agreement by the Nation, or any other entity is necessary to make this Agreement irrevocable, legal, valid, binding, and enforceable in accordance with its terms against the Nation. INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 13 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES THIS AGREEMENT, HAVING BEEN APPROVED BY THE TRIBAL COUNCIL OF SAMISH INDIAN NATION AND THE ANACORTES CITY COUNCIL, IS EXECUTED BY THE PARTIES AS FOLLOWS: CITY OF ANACORTES BY: —74 (.02-e-- 1/111-e--1/6•If Dean Maxwell,Mayor Date: 2_I f ATTEST: J4t)/4el Steve Hoglund, Finance Director APPROVED AS TO FORM: 1, ✓" / Bradford E. Fur e g, W.BA# 12924 City Attorney INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 14 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES SAMISH INDIAN NATION BY: Tom ooten, Tribal Chairman Date: 0 APPROVED AS TO FORM: Legal Counsel INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 15 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES EXHIBIT A [INSERT: Schedule of City Reimbursable Expenses] INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 16 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES EXHIBIT B [INSERT: Resolution of the Samish Indian Tribal] INTER-LOCAL AGREEMENT RE CONSTRUCTION OF Page 17 of 17 FIDALGO ROAD IMPROVEMENTS SAMISH INDIAN NATION CITY OF ANACORTES S .1M1rl cS9 — g OF WASHINGTON �j , W. ,, Motion:2010-01-014 Resolution No:2010-01-009 Date Approved:January 20,2010 Subject: Inter-Local Agreement with City of Anacortes WHEREAS, the Samish Indian Nation was Federally re-acknowledged by the Assistant Secretary of the Department of the Interior of the United States of America on April26, 1996; and WHEREAS, the Samish Tribal Council is empowered to act on behalf of the Samish Indian Nation pursuant to Article VI, Section 2, of the Samish Tribal Constitution, approved November 14, 2003, by Resolution of the Samish Tribal Council and adopted and ratified by Vote of the Samish General Council on March 2, 2004 and recognized by the Assistant Secretary for Indian Affairs,David W.Anderson on April 20,2004; and WHEREAS, the health, safety, welfare and education of the Indian people of the Samish Indian Nation is the responsibility of the Samish Indian Nation Tribal Council; and WHEREAS, The Samish Indian Nation Tribal Council has reviewed the attached Inter-Local Agreement between the City of Anacortes and the Samish Indian Nation for road improvements to Fidalgo Bay Road; and WHEREAS, The Samish Indian Nation Tribal Council feels it is in the best interest of the Samish Indian Nation Tribal members to enter into the Agreement to facilitate improvements to Fidalgo Bay Road. NOW THEREFORE BE IT RESOLVED the Samish Tribal Council approves the adoption of the attached Inter-Local Agreement between the City of Anacortes and the Samish Indian Nation BE IT FURTHER RESOLVED that the Samish Tribal Council hereby authorizes the Chairman and/or his designee to sign, negotiate, modify and amend the Inter-Local Agreement between the Samish Indian Nation and the City of Anacortes. SAMISH TRIBAL COUNCIL By: homas D. ooten Tribal Chairman CERTIFICATION The above resolution was duly adopted by the Samish Tribal Council at a special conference call Council meeting held on the 201 day of January 2010 at which time a quorum was present by a vote of: 5 FOR; 0 AGAINST; 0 ABSTAIN. Certified by: z Dana M.Matthews Tribal Council Secretary MAILING ADDRESS: P.O. BOX 217 • ANACORTES, WA 98221 OFFICE:2918 COMMERCIAL AVE. ANACORTES, WA 98221 PHONE: (360)293-6404 • FAX: (360)299-0790 • www.samishtribe.nsn.us