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HomeMy WebLinkAbout4652 Contract. Number: Vendor: Subj ect:, Department: File Class:. Begin Date: End. Date.: Review Date: Vault Date: Comments: 4652 SUQUAMISH INDIAN TRIBE Guiding Principles Engineering LEG 12-1 09/10/2007 06/15/2009 Termination w/120 day written notice by either party Review date for tracking. only MEMORANDUM OF UNDERSTANDING BETWEEN THE SUQUAMISH INDIAN TRIBE AND THE CITY OF BREMERTON GUIDING PRINCIPLES r This memorandum of understanding (hereinafter referred to as MOD) dated -JLphrV1 b..ur 10 ,2007, is executed between the Suquamish Indian Tribe (hereinafter referred to as "the Tribe") and the City of Bremerton (hereinafter referred to as "the City") in order to better achieve mutual goals through an improved relationship between sovereign Tribal government and local city government. This MOD provides a framework for strengthening the government-to-government relationship that exists today. The Parties to this MOD respect the sovereignty and political integrity of the Tribal government and the political integrity of the City government. The respective sovereignty of a federally recognized Tribe and the decision-making authority of the City, as a recognized legal entity of the State of Washington, provide authority for that party to exist and govern. The Parties share respect for the values and culture represented by the Tribal government and the City, and desire an agreement between the City and the Tribe reflecting a full government-to-government relationship and will work in good faith to achieve the goals of such an MOD. PARTIES The Tribe is a federally recognized Indian tribe located on the Port Madison Indian Reservation (hereinafter referred to as "the Reservation") in Kitsap County, Washington. The Tribe is a party to the Treaty of Point Elliott. The Tribe has a vital interest in, and responsibility for, the planning and protection of the public health, safety, economic welfare, and resource management needs and interests of their members, the residents of the Reservation, and the Reservation itself. The City is a municipal corporation in the State of Washington. The City has a vital interest in, and responsibility for, the planning and protection of the public health, safety, economic welfare, and resource management needs and interests of its residents. GOALS This MOD is a testament to the commitment by the Parties to strengthen their government-to-government relationship. This relationship respects the sovereign status of the Tribe and decision-making roles ofthe City, enhances and improves communications between them, and seeks to facilitate the resolution of issues. 1 This MOD intends to implement a forum in which to discuss, review, and recommend procedures to strengthen the government-to-government relationship. This MOD also provides a foundation for subsequent agreements between the governments of a more specific nature which outline specific tasks to address or resolve specific issues. The Parties recognize the contributions, both unique to and shared by the Parties, that each make to a broad cultural, economic, and historical heritage. Better communication and more systematic opportunities to work and celebrate together are understood by both Parties to further basic goals of a regional community such as promoting respect for different cultures, linking people to their heritage, fostering a sense of place, deepening community pride, encouraging civility, fostering empathy, and offering hope for the future. The Parties acknowledge that certain of the actions on the part of either the City or the Tribe have the potential to affect aquatic habitats, fisheries, or cultural resources, security, or economic well-being of the Parties. The Parties recognize that the Tribe has a vital economic, cultural, and/or spiritual interest which may be affected by City activities. Further, the City's own economic and cultural interests may be influenced by activity of the Tribe. The Parties acknowledge that success in achieving their respective goals, responsibilities, and interests can be significantly affected by the actions of the other, and it is therefore in the interests of both Parties to establish a process that facilitates cooperation between the Parties, and provides methods for better communication, continued education, and resolution of various issues. IMPLEMENTATION PROCEDURES This MOD addresses the relationship between the Parties, its ultimate purpose being to improve communication and mutual understanding so that people are better served by decisions made by these governments. PROVISIONS AND DUTIES OF INTERGOVERNMENTAL COMMITTEE Formation: The Tribe and the City agree to form an Intergovernmental Committee to be comprised of elected officials, or their designated representatives, of the Parties. The Tribe and the City recognize this Intergovernmental Committee as the appropriate forum for discussion and resolution of issues. It will be the Intergovernmental Committee's responsibility to review issues and formulate recommendations for their respective government's action. The Committee will outline actions, initiatives, and/or policies to address and/or resolve issues of mutual concern. The Intergovernmental 2 Committee shall be formed and conduct its first meeting within sixty (60) days of the date of the execution of this MOD. Membership: The Intergovernmental Committee shall include up to three (3) elected officials of the Tribe, or their designees, and up to three (3) elected officials of the City or their designated representatives. The Committee members will be selected and subject to removal and replacement by their respective governments. Meetings: The Intergovernmental Committee shall meet quarterly for two years following adoption of this MOD, at the end of which time the Committee will evaluate the effectiveness of the MOD. The Intergovernmental Committee may opt by mutual agreement to alter the frequency of meetings as circumstances warrant. The Intergovernmental Committee shall be co-chaired by a member from each Party. The Tribe and the City will each appoint a co-chair at the Intergovernmental Committee's first meeting. These co-chairs may be replaced by their appointing government at any time. The co-chairs and their designees and/or staff will be responsible for setting meeting dates and places, developing agendas, and producing and distributing any materials required for meetings. The meetings will be conducted at a mutually agreed upon location. At least two representatives of each Party must be present for an Intergovernmental Committee action to be considered valid. Meeting summaries shall be prepared and reviewed by each Party for amendments. The responsibility for preparing meeting summaries shall be decided by the Intergovernmental Committee. Scope of Issues: Matters brought before the Intergovernmental Committee will be issues of intergovernmental interest to the Tribe and the City and may include, but are not limited to matters such as economic well-being, environmental protection, cultural events, cultural resource protection, fisheries, and habitat restoration. The Intergovernmental Committee will decide based on mutual agreement whether it will address a particular matter. Decision-Making: The Intergovernmental Committee shall have wide flexibility in the manner in which matters before the Intergovernmental Committee are handled. Both Parties agree to attempt to achieve consensus on matters requiring action by their respective governments. The Intergovernmental Committee need not, but may, elect to facilitate its discussions by a qualified and neutral individual who is jointly selected, equally paid by, and agreeable to both Parties. Technical Subcommittees: The Intergovernmental Committee may elect to delegate specific technical issues to subcommittees for information gathering, study, and/or analysis prior to the Intergovernmental Committee reaching agreement on an issue. The composition, scope, and responsibilities of the subcommittees will be determined by mutual agreement of the Intergovernmental Committee at the time of its decision for the need for such a subcommittee. 3 Amendment Procedures: The provisions of this MOD may be amended by mutual written agreement of the Parties duly executed by the lawfully authorized officers or officials of each Party. SOVEREIGNTY AND DISCLAIMERS Each of the Parties respects the sovereignty of the other. In executing this MOD, no Party waives any rights, including treaty rights, immunities, or jurisdiction. This MOD does not diminish any rights or protections; rather, it seeks to strengthen a collective ability to successfully resolve issues of mutual concern. While the relationship described in this MOD provides increased ability to solve problems, it is not expected to resolve all issues. Inherent in the relationship is the recognition that ultimate decision making authority lies with the respective Party's duly authorized governmental body. TERMINATION OF AGREEMENT Either Party may terminate this MOD upon one hundred and twenty (120) days written notice. Recommendations made by the Intergovernmental Committee and all specific agreements executed by the Parties pursuant to this MOD shall survive the termination of this MOD and shall be binding on both Parties and their successors. EFFECTIVE DATE This MOD shall become effective upon authorized signatures by the Parties below. THE SDQDAMISH TRIBE Cary Bozeman Mayor City of Bremerton ~ OLeonard Forsman Tribal Council Chairman Suquamish Tribe 4