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HomeMy WebLinkAboutConferderated Tribes of the Colville Reservation - Future Cooperation and Collaboration of Tribally-Owned PropertyAGREEMENT IN PRINCIPLE CONFEDERATED TRIBES OF THE COLVILLE RESERVATION CITY OF PASCO, WASHINGTON Citve{ Pasco This AGREEMENT is by and between the Confederated Tribes of the Colville Reservation ("Tribes" or "Colville"), with headquarters in Nespelem, Washington, and the City of Pasco, Washington ("City") (collectively, the "Parties") regarding future cooperation and collaboration between the Tribes and the City on a variety projects, including but not limited to educational, cultural, and economic development projects related to the use of Tribally-owned property in the City of Pasco in Washington State. Recitals A. Whereas, the Confederated Tribes of the Colville Reservation is a federally- recognized Indian Tribe possessing all government authorities and powers accorded to a sovereign Indian Nation; and B. Whereas, the Colville Business Council ("CBC"), the elected governing body of the Tribes, possesses the authority under Art. V (a) of the Colville Tribal Constitution to protect and preserve the Tribal property, wildlife and natural resources of the Confederated Tribes, to cultivate Indian arts, crafts, and culture; to administer charity, to protect the health, security, and general welfare of the Confederated Tribes; and in addition possesses authorities and powers accorded to the CBC as set out elsewhere in the Tribes' Constitution and in the Colville Tribal Code; and C. Whereas, the City of Pasco operates under the "Council-Manager" plan of government, per the Revised Code of Washington Chapter 35.18. Citizens of Pasco elect individuals to serve on the City Council, the only representative body for the City of Pasco. Pursuant to RCW 35.18 the City Council appoints a City Manager; this position has certain management and supervisory authority as described in the § § 2.10.010-2.10.020 of the Pasco Municipal Code; and D. Whereas, the City Council has declared by its Resolution 3820 that "Pasco is a welcoming and inclusive City, where laws apply equally to all who live here, and where individuals, families and businesses are welcome"; and E. Whereas the Colville Tribes' Confederation includes the Palus Tribe, whose members since time immemorial lived in the region which now includes, but is not limited to, a Agreement in Principle I Confederated Tribes of the Colville Reservation I City of Pasco, Washington Page 1 of 4 3oJ.:~ significant portion of the area comprising of the City of Pasco; and F. Whereas the Tribes recently purchased certain real property within the City limits as part of an effort to bring the Palus Band of the Confederated Tribes, as well as other Tribal members, back to their homeland; and G. Whereas, the CBC and the City desire to establish a framework for future collaboration and cooperation between the Tribes and the City, and to provide support for the Tribes' efforts to develop and enhance this property for the mutual benefit of the Tribes, Tribal members, the City of Pasco and its residents and business community; NOW THEREFORE, The Confederated Tribes of the Colville Reservation and the City of Pasco agree to the following: 1.0 Purpose The purpose of this Agreement is to begin constructing processes and procedures for the effective and efficient cooperation and collaboration between the Tribes and the City on a number of proposed joint efforts, which are set out in more detail below. 2.0 Scope The scope of this Agreement shall include engagement in cooperative efforts regarding, but not limited to, the following: 2.1 Fee-to-Trust Process The Parties agree to conduct discussions on the "Fee-to-Trust" process and the roles of the Parties in forwarding this process, with the goal of developing a Memoranda of Agreement between them, for the provision of assistance, financial and otherwise, by the Tribes to the City to offset potential increased needs for City law enforcement and fire services, among others, that may occur as a result of the development of Tribal properties in trust status within the City, as well as providing other evidence of the City's support for this effort such as a Council resolution on this matter, and other efforts to be identified that may be helpful in securing trust status for the properties. 2.2 Educational and Cultural Awareness Efforts The Parties agree to conduct discussions on potential joint efforts affording the Tribes with opportunities to provide educational and cultural awareness presentations, workshops, exhibits, etc., on or within City-owned properties in the Pasco area, subject to specific Memoranda of Agreement on the locations, timing, and content of these presentations/workshops/exhibits. To that end, the Parties embrace the opportunity to share information to the other about public events occurring in their respective areas which may be of interest, particularly with regards to opportunities for public outreach/education regarding the Colville Tribes, the Palus Tribe, and the history and cultures of the Confederated Tribes of Agreement in Principle Confederated I ribes of the Colville Reservation I City of Pasco, Washington Page2of4 the Colville Reservation. 2.3 Tourism The Parties agree to conduct discussions on how they can work cooperatively to promote tourism to the Pasco area, including partnerships with area tourism bureaus, and to enter into Memoranda of Agreement as needed to implement plans for these efforts. 2.4 Media Outreach The Parties agree to conduct discussions on working cooperatively to provide news releases, fact sheets, brochures and other materials as part of a regional media outreach effort, including but not limited to joint meetings with local media interview boards, drafting of "op-eds" for release as may be needed, and identifying each Party's media outreach point of contact to assure efficient and effective communications between them on matters related to media outreach and response. The Parties will each identify their respective spokespersons on these matters. 3.0 Communications Framework 3.1 The Parties agree to designate an individual and alternate who will be the "point person" for communications between them on the matters described herein. The Parties will each make available to each other the name and contact information for these persons. 3.2 The Parties agree to collaborate to develop a plan for regular meetings and communications, for the purpose of discussing matters of mutual interest related to the subject matter of this Agreement. Each Party agrees to provide to the other requested public information (laws, ordinances, resolutions, etc.), which shall not constitute a public records request, for the benefit of increased awareness and understanding of their respective governmental operations, particularly regarding the required processes of their respective governments for the signing of agreements, passing of resolutions, etc. 3.3 The Parties agree that they will timely share all news releases issued by them related to the subject matter of this Agreement, sending the releases to the contact persons described in 3.1 above. 3.4 The Parties agree that from time to time they may wish to issue joint media releases, and will provide an opportunity for their respective public relations staff to develop such releases in a cooperative manner. 3.5 The Parties agree to request their respective state and federal lobbyists to establish open lines of communication to assure that information related to the subject matter of this Agreement derived from state and federal legislation, policies, rulemaking, etc. is shared between them as needed for the Parties' mutual benefit. 3.6 The Parties agree to promptly contact one another if situations arise which require timely discussion to clarify matters of concern. 4.0 Term This Agreement shall take effect upon its signing by the representatives authorized of the Parties, and shall continue until either Party notifies the other in writing ( email communication is sufficient) that the Agreement is terminated. Agreement in Principle I Confederated Tribes of the Colville Reservation I City of Pasco, Washington Page 3 of 4 5.0 Sovereign Immunity Nothing herein may be construed to in any way limit or restrict the inherent sovereign immunity of the Colville Tribes; provided that any future agreement between the Parties shall require a limited waiver of sovereign immunity by the Tribes, at that time as a condition for the City to enter into said agreement. 6.0 Nonbinding Neither this document, nor anything contained herein, shall be construed as an actual agreement or contract. This Agreement in Principle is not intended to have a legally binding effect but is an expression of intent of the parties. SIGNED BY THE AUTHORIZED OFFICIALS OF THE PARTIES BELOW: For the Confederated Tribes of the Colville Reservation: 0 e rv~,,,, Rodney Cawston, Chairman: ~~ Date: / / -2 () -I °} For the City of Pasco: Matt Watkins, Mayor: ~~ Date: Agreement in Principle I Confederated Tribes of the Colville Reservation I City of Pasco, Washington Page 4 of 4