COLVILLE CONFEDERATED TRIBES (2020)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

December 22nd, 2020

Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Rodney Cawston, Joel Boyd, Karen Condon, Jack Ferguson, Norma Sanchez, Dustin

Best, Shar Zacherle, Roger Finley, Joe Somday, Jarred Erickson

Absent:

Andy Joseph Jr., Virgil (Smoker) Marchand, Richard Swan Sr., Marvin Kheel

Resolution No.

2020-743.m&b.cdc

10-Signature

2020-744.m&b.cdc

10-Signature

2020-745.m&b.cdc

10-Signature

Condensed Recommendation Information

Colville Business

Council Vote Tally

To approve the attached purchase agreement with Ditch Witch

in the amount of $227,770.28. This purchase will utilize

CARES Act funding to purchase one Heavy Duty Ditch Witch

RT125Q trencher to build fiber to the home (FTTH) for

broadband deployment. The Colville Business Council has

determined that this expense is necessary to respond to the

COVID-19 public health emergency and meet the immediate

needs of the tribal community, and is appropriate under the

Treasury Department guidance and FAQs in effect as of the date

of the recommendation. It is required that the delivery of good

or performance of services be completed no later than

December 30, 2020. The Chairman or his designee shall sign

and approve all relevant documents.

To approve the attached purchase agreement with Pape Material

in the amount of $20,121.20. This purchase will utilize CARES

Act funding to purchase one new Doosan C185WDO-T4F air

compressor to build fiber to the home (FTTH) for broadband

deployment. The Colville Business Council has determined that

this expense is necessary to respond to the COVID-19 public

health emergency and meet the immediate needs of the tribal

community, and is appropriate under the Treasury Department

guidance and FAQs in effect as of the date of the

recommendation. It is required that the delivery of good or

performance of services be completed no later than December

30, 2020. The Chairman or his designee shall sign and approve

all relevant documents.

To approve the attached purchase agreement with Pape

Machinery in the amount of $49,712.22. This purchase will

utilize CARES Act funding to purchase one new 2020 John

Deere 35G compact excavator to build fiber to the home

10 FOR (JF, KC, AJ, JS,

MK, JB, RF, DB, SZ,

JME)

Special Session

December 22nd, 2020

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, KC, AJ, JS,

MK, JB, RF, DB, SZ,

JME)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, KC, AJ, JS,

MK, JB, DB, SZ, RF,

JME)

0 AGAINST

Page 1 of 8

2020-746.tg

10-Signature

2020-747.tg

10-Signature

2020-748.hhs

2020-749.hhs

2020-750.hhs

2020-751.m&b.cdc

2020-752.m&b.cdc.e&e

(FTTH) for broadband deployment. The Colville Business

Council has determined that this expense is necessary to

respond to the COVID-19 public health emergency and meet

the immediate needs of the tribal community, and is appropriate

under the Treasury Department guidance and FAQs in effect as

of the date of the recommendation. It is required that the

delivery of good or performance of services be completed no

later than December 30, 2020. The Chairman or his designee

shall sign and approve all relevant documents.

To support State Representative Debra Lekanoff to be

nominated to serve as the EPA Region 10 Administrator. For

almost two decades, our Washington Tribes have been a part of

Debra's growth in politics. Her commitment to building a

stronger place for all communities is portrayed in her skill to

bring communities, governments and stakeholders together.

Debra has served not only our Washington Tribes, but served in

leadership roles at the state, regional, national and national

matters. We believe in this new role, that she will bring strong

leadership skills to address the legal, science and policy

demands of the Agency.

To extend the closure of the Colville Reservation to all nonessential visitors until midnight on May 31, 2021. The

Chairman or designee is authorized to sign any pertinent

documents.

To approve Amendment #1 to accept additional funding in the

amount of $25,014.00, bringing total contract amount to

$156,138.00. Tribal Chairman or authorized designee to sign all

pertinent documents.

To approve Amendment #2 to accept additional funding in the

amount of $3,821.00, bringing total contract amount to

$159,959.00. Tribal Chairman or authorized designee to sign all

pertinent documents.

To approve Amendment #3 to accept additional funding in the

amount of $555.00, bringing total contract amount to

$160,514.00. Tribal Chairman or authorized designee to sign all

pertinent documents.

To accept Office of Head Start Non-competing FY2021 funds

(Grant#90CI9932-06-000) in the amount of $731,541.00 with a

non-federal match of $345,195.00, waiver requested in the

amount of $20,576.00. Chairman or designee to sign all

pertinent documents.

To approve the submission of the Office of Head Start 1303,

Pre-Approval Checklist to release facility funding in the amount

Special Session

December 22nd, 2020

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

Rationale: Timelines

10 FOR (RF, JB, JS, JME,

SZ, AJ, NS, JF, KC, RC)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, NS, AJ, RC,

KC, JME, JS, JB, RF, SZ)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

Page 2 of 8

of $1,605,702.00 for Omak Head Start Facility Project.

Chairman or designee to sign all pertinent documents.

2020-753.m&b.cdc

2020-754.m&b.cdc

2020-755.m&b.cdc

To approve Change Order#2 for the contract with Ribail

Advisory Services. Resolution 2019-84 approved the three-year

contract for $25,000.00 per year. This change order brings the

total to $75,000.00 which exceeds the signing authority of the

Executive Director. Chairman or designee to sign all pertinent

documents.

To approve the attached Change Order #1 for contract #C20073, signed pursuant to Resolution 2019-777, with Softchoice in

the amount of $234,920.00. This change will utilize CARES

Act funding to purchase 24 months of systems security and

storage to support broadband deployment. The Colville

Business Council has determined that this expense is necessary

to respond to the COVID-19 public health emergency and meet

the immediate needs of the tribal community, and is appropriate

under the Treasury Department guidance and FAQs in effect as

of the date of the recommendation. It is required that the

delivery of goods or performance of services be completed no

later than December 30, 2020. Chairman or designee to sign

and approve all relevant documents.

To rescind Resolutions 2020-557 and 2020-626.

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

2020-756.m&b.cdc

2020-757.m&b.l&j

To approve the attached purchase agreement with CED in the

amount of $2,756.44. This purchase will utilize CARES Act

funding to purchase electrical materials to build power to

support wireless broadband deployment in Malott, Washington.

The Colville Business Council has determined that this expense

is necessary to respond to the COVID-19 public health

emergency and meet the immediate needs of the tribal

community, and is appropriate under the Treasury Department

guidance and FAQs in effect as of the date of the

recommendation. It is required that the delivery of goods or

performance of services be completed no later than December

30, 2020. Chairman or his designee shall sign and approve all

relevant documents.

The Colville Business Council has been directly advised by

tribal member owners of filling stations doing business within

the jurisdiction of the Confederated Tribes of the Colville

Reservation that they are purchasing and distributing fuel in a

manner contrary to the Colville Tribal Law and Order Code

(hereinafter "Code"). Specifically, the filling stations are

purchasing fuel on which state fuel tax has not been paid, and

they are distributing fuel to retail customers without collection

of the State of Washington's motor vehicle fuel tax or special

Special Session

December 22nd, 2020

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

7 FOR (JB, JF, NS, DB,

SZ, JS, JME)

0 AGAINST

2 ABSTAINED (KC, RF)

Page 3 of 8

2020-758.m&b.cdc.hhs

2020-759.m&b.cdc.hhs

fuel tax, as applicable, upon each gallon of fuel sold or

delivered. It is the joint recommendation of the Management

and Budget and Law & Justice Committees that the Colville

Business Council specifically find the purchase and distribution

of fuel without collection of the State fuel tax, by filling stations

within the jurisdiction of the Colville Reservation, to be in

violation of the Code, including but not limited to Chapter 6-12

of the Code.

Further, the Colville Tribes has committed in the "Agreement

Concerning Taxation of Motor Vehicle Fuel and Special Fuel

Between the Confederated Tribes of the Colville Reservation

and the State of Washington" (hereinafter "Agreement") to

enforce Tribal law and the State's laws respecting the imposition

and collection of its fuel taxes where the Colville Tribes

exercises governmental authority. It is the joint

recommendation of the Management & Budget and Law &

Justice Committees that the Colville Business Council

specifically find that the purchase and distribution of fuel

without collection of the State fuel tax, by filling stations within

the jurisdiction of the Colville Reservation, causes financial loss

to the Colville Tribes under the terms of the Agreement, and

that the Tribes is committed to enforcement of its tribal law

under the Agreement.

It is the joint recommendation of the Management & Budget

and Law & Justice Committees that all tribal employees and

staff, including but not limited to the Office of Reservation

Attorney and the Executive Director, have been and be and

hereby are, authorized to take all lawful steps necessary to

enforce the Code and the Tribes' Agreement. No federal Indian

trader's license should be issued to, or remain active for, any

business within the jurisdiction of the Colville Reservation

while said business is in violation of tribal law, nor should any

subsidiary business licenses be issued or remain active to a

business in violation of tribal law, including but not limited to

fuel or tobacco licenses. Chairman or designee to sign all

pertinent documents.

To send a letter of support for the Healing Lodge of Seven

Nations, to enter into a 20 Year No-Cost IHS out lease

agreement. The facility construction will provide Behavioral

Health Clinic out-patient care for minors and youth.

That given the emergency nature of response to the COVID-19

Pandemic and a current need for the developing of vaccine and

healthy behavior related marketing materials, a sole source

contract allocating COVID-19 CARES Act funding is

authorized between the Tribes and Tran Creative for the

development of a COVID-19 Response Marketing Campaign.

Chairman or designee to sign all pertinent documents.

Special Session

December 22nd, 2020

Naomi Yazzie, Executive Office Assistant

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

Page 4 of 8

2020-760.m&b.cdc.hhs

2020-761.m&b.cdc.hhs

2020-762.m&b.cdc.hhs

2020-763.m&b.cdc.hhs

2020-764.m&b.cdc.hhs

2020-765.tg

To accept the Amendment between North Central Accountable

Community of Health (NCACH) and the Confederated Tribes

of the Colville Reservation Health & Human Services

Department. While the purpose and responsibilities outline in

the original MOU (Resolution 2020-128) have not changed,

some line items are being adjusted or removed based on the

assessment and priorities of the CCT-HHS new Director.

Chairman or designee to sign all pertinent documents.

To approve the payment of $66,651.29 from the general fund to

cover the over-expenditure of funds allocated to NARCH

Award# U261HS0086 between 2015-2018 to Washington State

University.

To accept Continuing Grant Award Number: H1D1IHS043617-03 in the amount of $519,357.00. Whereas, the budget will

include salary and wages for costs to oversee the project

activities. Chairman or designee is authorized to sign all

pertinent documents.

To award Number: 1-N&58NP006731-01-00 in the amount of

$124,000.00 for a one year grant period. Whereas, the budget

will include salary and wages for costs to oversee the project

activities. Whereas, the Diabetes Prevention Program (DPP)

agrees to coordinate local training in with collaboration with

Northwest Regional Council in a virtual setting; and, Whereas,

the WEAVE-NW grant funds will seek to enhance and

implement a Cultural Wellness approach offering healthy

activities and virtual education for district community members

from Omak, Nespelem, Keller or Inchelium communities.

Chairman or designee is authorized to sign all documents.

To institute a curfew in the Keller District each day between the

hours of 9:00 p.m. through 6:00 a.m. This curfew is necessary

as the Keller District is currently experiencing an outbreak of

COVID-19 infections. The curfew is intended to minimize inperson interactions, which are the primary means of

transmission of COVID-19, and will curtail the spread of

COVID-19 and preserve the peace, health, safety, and welfare

of the Colville Reservation. The curfew in the Keller District is

effective immediately and will remain in effect until further

notice. Residents of, and visitors to, the Keller District are

required to remain indoors during these hours. The curfew does

not apply to travel which is absolutely essential, such as to seek

medical care or to go to or from verified and essential

employment. A violation of this curfew will be a violation of

the Colville Tribal Law and Order Code Chapter 3-7-40,

“Violation of Tribal Law". The Chairman or designee is

authorized to sign all relevant documents.

To approve the following eligibility requirements and deadlines

for the 2021 181-D (Grand Coulee Dam) Annual BPA

Special Session

December 22nd, 2020

Naomi Yazzie, Executive Office Assistant

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

Page 5 of 8

2020-766.tg

2020-767.e&e

2020-768.e&e

2020-769.e&e

Settlement disbursement from account PL7219709 to be

distributed on or before March 29, 2021. Eligibility

requirements: must be enrolled and living as of midnight of

January 21, 2021; DNA testing completed by December 31,

2021. Completed Enrollment Application packet received by

January 11, 2021; February 1, 2021 is deadline for the

following: Department Hold list, Half-Share forms, Voluntary

request, Official Court Orders, and Direct Deposit forms.

Emergency Custody Orders issued will be accepted until the

closing of the file and payment shall be held into the minors IIM

account. Debt Set-Off Ordinance and Retro Active Payments

shall not apply. The following shall be approved for deposit into

the tribal members IIM accounts:

1. Children & Family Services - Court Orders/voluntary consent

for minors and court declared incompetent adults.

2. Social Services (Regular) - Court Orders and voluntary

consent for minors and court declared incompetent adults.

3. Enrollment Department - Court Orders and voluntary consent

for minors and adults/Deceased Members/Custody Orders

received after deadline/Unclaimed Checks past 90 days.

To approve the 2021 February Elder Quarterly Stipend, from

account PL75747012, in the amount of $350.00 to each eligible

tribal member age 55 and older of the Confederated Tribes of

the Colville Reservation. Elder Stipend shall be distributed on

or before February 1, 2021. Eligibility for the Elder Stipend

shall be: age 55, enrolled and living as of midnight of December

31, 2020. The following shall not apply to the 2021 February

Elder Stipend: Debt Set-Off Ordinance and Retro Active

Payments. Department hold list is due January 8th, 2021. The

following departmental holds shall be approved for deposit into

the tribal members IIM account:

1. Social Services (Regular) - Court Order/Voluntary consent

for adults.

2. Enrollment - Deceased Elders/Unclaimed Checks past 90

days.

To approve the MOU between Colville Confederated Tribes

ECE/Head Start and NEWESD 101. Tribal Chairman or

designee to sign all pertinent documents.

To approve the renewal of the Memorandum of Understanding

between Colville Confederated Tribes Early Childhood

Education/Head Start and Okanogan County Child

Development Association. Tribal Chairman or designee to sign

all pertinent documents.

To approve the MOU between Colville Confederated Tribes

ECE/Head Start and Bright Start Services, LLC. Tribal

Chairman or designee to sign all pertinent documents.

Special Session

December 22nd, 2020

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

Page 6 of 8

2020-770.nrc

2020-771.nrc

2020-772.nrc

2020-773.nrc

2020-774.nrc

2020-775.nrc.m&b.cdc

To approve the Toby Epperson Pasture Lease Application for

Tribal Tract 101-T3750, Toby Epperson is a tribal member is in

good standing.

This property is described as:

The SW NW of section 29, Township 32 North, Range 33 East,

Willamette Meridian, Ferry County, Washington, containing

40.00 acres, more or less. Term: 5 years from date of approval.

Compensation: $75.00/per year. Bond: Waived. Entire term of

lease will be subject to Fair Market Rental Value. Lease subject

to conditions cited in IRMP Coordinator's review. Chairman or

designee has authority to sign all pertinent documents.

To accept and approve Colville Confederated Tribes I.T.

business lease application to move forward in negotiations on

the Lacy Paul Allotment No. 101-2459(por) described as: 1012459: The W-½ E-½ SW-¼, THE W-½ SW-¼ of section 21 and

the NW-¼ NW-¼ of section 28, township 29 N, Range 31 E.

Willamette Meridian, Okanogan County, Washington,

containing 160.00 acres, more or less. Term: 25 years plus

option for 25 years. Compensation: Subject to Negotiations

between CCT IT and Landowner. Bond: $Required. Lease

Fee: $waived. Lease subject to conditions cited in IRMP

Coordinator's review. Chairman or designee has authority to

sign all pertinent documents.

To approve continuation of Memorandum of Agreement

between Washington State University and Colville

Confederated Tribes, for funding of $106,300.00 as outlined in

Appendix A of MOA (attached). Dollars already budgeted, no

new dollars requested. Chairperson or designee authorized to

sign Appendix A of existing MOA and all pertinent documents.

To approve the 2021 Invasive Species Funding request in the

amount of $100,000 to be used to help manage the wild horse

population on the Colville Reservation. The funding would be

used to pay tribal members $350 per horse using ground-based

capture methods. The Chair or designee is authorized to sign all

pertinent documents.

To approve the 2021 Wildhorse bounty, in the amount of

$50,000 to be paid from Tribal Range account 781. Payments

will be made on a first come first serve basis, not to exceed the

above dollar amount. Tribal members will be required to enter

into a formal contract with the Tribe and abide by the rules and

regulations outlined in the 2020-2021 Season Chase and

Capture Rules. The Chair or designee is authorized to sign all

pertinent documents.

To approve Change Order No. 2 to add $15,106.54 to the

contract and extend the contract to February 28, 2021. Total

contract amount will be increased to $921,943.35. Chairman or

Special Session

December 22nd, 2020

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

8 FOR (JB, JF, NS, DB,

SZ, RF, JS, JME)

0 AGAINST

1 ABSTAINED (KC)

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

Page 7 of 8

designee to sign all pertinent and related documents.

2020-776.fish

2020-777.fish

2020-778.fish

2020-779.fish

2020-780.l&j

2020-781.l&j

To approve the New Award for 311920 Colville Hatchery M&E

in the amount of $729,786 and the dates are from December 1,

2020 to November 30, 2021 and authorize the Chairman or

his/her designee to sign all pertinent documents. Attach is the

New Award. No Tribal dollars associated.

To approve the budget modification #1 for 160120 BIA Canada

Lynx Bud Mod #1 doing a line item transfer of funds and the

contract value and dates remain the same, and authorize the

Chairman or his/her designee to sign all pertinent documents.

Attached is budget mod #1. No Tribal dollars associated.

To approve for permission to apply for the BIA Invasive

Species Northern Pike Grant in the amount of $120,000 and

authorize the Chairman or his/her designee to sign all pertinent

documents. Attached is Grant Proposal and budget. No Tribal

dollars associated.

To approve the new sub contract for 752620 Trout Unlimited

WWTP in the amount of $77,955 and the dates are from signed

document to June 30, 2021 and authorizes the Chairman or

his/her designee authorized to sign all pertinent documents.

Attach is the sub contract & SOW. No Tribal dollars associated.

To approve the attached Memorandum of Agreement between

the Federal Bureau of Investigation and CTCR to pay for noncriminal background checks as part of the Tribal Access

Program (TAP). Participating programs with authority to query

the FBI for non-criminal backgrounds include CIHA, Human

Resources, Child Support Enforcement, Children & Family

Services, and Tribal Civil Court. Chairman and or designee is

authorized to sign all pertinent documents.

To sign the attached letter to the NIGC with the tribes

comments on the proposed changes to the Memorandum of

Understanding related to the Federal Bureau's Investigation's

Criminal History Record Information (CHRI). Chairman or

designee authorized to sign all pertinent documents.

Special Session

December 22nd, 2020

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

9 FOR (JB, KC, JF, NS,

DB, SZ, RF, JS, JME)

0 AGAINST

0 ABSTAINED

Page 8 of 8