COLVILLE CONFEDERATED TRIBES (2018)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

June 7th, 2018

Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Edwin Marchand, Sheilah Cleveland, Jack Ferguson, Georgia Simpson, Susie Allen, Larry

Allen, Willie Womer, Andy Joseph Jr., Karen Condon, Joseph Somday, Joel Boyd, Norma

Sanchez

Delegation:

Dr. Michael Marchand, Rodney Cawston

Resolution No.

2018-336.e&e

10-Signature

2018-337.m&b

10-Signature

2018-338.m&b

10-Signature

2018-339.hhs

10-Signature

Condensed Recommendation Information

To approve carry-over of Amendment Number 4, Grant

#90CI9932, Office of Head Start funds of $567,315 to

purchase 3 buses and complete unfinished projects, from CCT

Federal Budget account 202017 to CCT Federal Budget

account 202018. No additional funds and the budget shall be

amended accordingly. Chairman or designee to sign all

pertinent documents.

To approve the 2018-2019 Property & Casualty Insurance

renewal with Conover Insurance. The renewal amount for

2018-2019 year is $1,945,445. These are tribal dollars with

partial reimbursement through 638 contracts, and grant

dollars. To authorize the Chairman or designee the authority

to sign all pertaining documents and approve monthly

payments to Conover Insurance.

To approve the sole source contract with Fire Protection

Specialists, LLC in the amount of $119,015.00 for the turnkey

installation of Clean Agent Fire Suppression System - File,

IDF, & Server rooms to prepare for the move in of the Bureau

of Indian Affairs to the Lucy Covington Government Center.

Chairman or designee to sign all pertinent documents.

To approve this contract amendment, including all Exhibits

and other documents incorporated by reference, contains all

of the terms and conditions agreed upon by the parties as

change to the original contract. No other understandings or

representations, oral or otherwise regarding the subject matter

of this contract amendment shall be deemed to exist or bind

Special Session

June 7th, 2018

Naomi Yazzie, Executive Office Assistant

Colville Business Council

Vote Tally

10 FOR (GS, NS, MM, KC,

SC, WW, JF, RC, LA, JS)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (SC, JS, JF, LA, NS,

GS, KC, JB, AJ, SA)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, NS, GS, JB, SC,

EM, JS, WW, LA, KC)

0 AGAINST

0 ABSTAINED

Rationale: Timelines based

on the move of the Bureau of

Indian Affairs.

11 FOR (SC, NS, AJ, GS, SA,

KC, MM, EM, JF, LA, WW)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

Page 1 of 6

2018-340.hhs

10-Signature

2018-341.m&b

2018-342.m&b

2018-343.m&b

2018-344.m&b

2018-345.m&b

2018-346.m&b.hhs

the parties. All other terms and conditions of the original

contract remain in full force and effect. The parties signing

below warrant that they have read and understand this

contract amendment, and have authority to enter into this

contract amendment. No additional tribal dollars required.

Chair or designee authorized to sign all pertinent documents.

To approve contract amendment is between the State of

Washington Department of Social and Health Services

(DSHS) and the Confederated Tribes of the Colville

Reservation. The contract between the State of Washington

Department of Social and Health Services (DSHS) and

Contractor is hereby amended as follows: The designation of

Sub recipient and corresponding CFDA# are removed from

Page 1 of the original contract. The Contractor is a Vendor

for purposes of this contract. All other terms and conditions

of this contract remain in full force and effect. Chair or

designee authorized to sign all pertinent documents.

To accept the 2017 Flooding Claim Number 75002906 Proof

of Loss in the amount of $275,750.48 and not to include 5401 - MT Forestry Building in the amount $125,587.62 until

further exploration on the cost of renovation of 54-01. To

authorize the Chairman or his designee the authority to sign

all pertaining documents.

To accept the Proof of Loss for claim number 75003091 for

Fish & Wildlife Hatchery, 38 Half Sun Way, Bridgeport,

Washington in the amount of $334,571.52 due to excessive

snow accumulated damage to raceway predator netting, and to

authorize the chairperson and/or designee to sign all

pertaining documents.

To approve for Fleet Management to purchase a 2018 Dodge

Ram 3500 Chassis Tradesman REG CAB 84" C/A 4x4 box

truck in the amount of $71,970.00 for the Donable Foods

Program.

To accept the offer by War Pony Pictures tell a complex story

and gather pertinent information and create a documentary

film on Arrow Lakes (Sinixt,

, Lakes) people for

the use of collegiate education, public awareness and

historical reference to people, places and events related to the

Arrow Lakes band and the Desautel Decision. Whereas, it is

the recommendation to utilize the amount of $115,000.00 for

documentary professional services.

To approve the attached contract with Skikos Crawford

Skikos & Joseph LLP to represent the Tribes in litigation

against opioid manufacturers and distributors on a

contingency fee basis. Chairman or designee to sign all

pertinent documents.

To approve the reallocation AAOA Tribal Budget

Special Session

June 7th, 2018

Naomi Yazzie, Executive Office Assistant

11 FOR (SC, S, AJ, GS, SA,

KC, MM, EM, JF, LA, WW)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

Page 2 of 6

$1,153,320, see attached. No additional Tribal dollars

required. Chair or designated to sign all pertinent documents.

2018-347.m&b.l&j

2018-348.m&b.l&j

2018-349.m&b

2018-350.m&b

2018-351.m&b

2018-352.m&b

2018-353.e&e

To decrease the salaries & fringe for the Tribal budget due to

shifting personnel to A16AV00308 federal budget and to add

$50,000 to Consultant line item for attorney fees. The

remaining amount of $178,405 will be returned to the General

Fund, allocated for Land Purchase. The Chair and/or his

designee authorized to sign all pertinent documents.

To approve the budget modification for federal budget

A16AV00308 (638) and to redistribute 2016/2017 carryover

and add FY '18 TPA (Tribal Program Award); and to adjust

salaries from Tribal budget fund 881. Total increase of

$328,106 from current FY 17 approved budget. ($64,330)

direct contract support, $161,015 indirect costs, and $102,761

TPA funds.) Annual TPA is: $343,382; of which $190,613

has been received. Mod #13 is attached for reference. The

Chair and/or his designee authorized to sign all pertinent

documents.

To approve the sale of the Confederated Tribes of the Colville

Re erv io ’ 5.5% of Well D m power allocation to Puget

Sound Energy. Contract term will be 37 months with a

monthly payment of $527,027, and a total contract price of

$19,500,000. Term to begin September 1st, 2018, and end

October 1st, 2021. The Chairperson or designee has the

authority to sign all pertinent documents including the 8th

amendment of Power Sales Service Agreement.

To approve to support the 4th of July Nespelem Celebration

Stickgame Tournament. To approve $5,000.00 towards this

event, money to come from the Donation Committee. Each

District receives this amount and would like Nespelem's to go

towards this event. Chairman or designee to sign all pertinent

documents.

To approve the contract with Bering Sea Eccotech, Inc. in the

amount of $1,977,771.71 to perform fiber optic installation at

various locations on or near the Colville Indian Reservation in

accordance with the attached contract and Exhibits.

Chairman or designee to sign all related documents.

To approve the franchise agreement with the City of Omak,

Washington. Franchise agreement will allow for fiber optics

to be installed along Jackson Street and 8th Avenue, City of

Omak, Washington. Terms of agreement will be for (15)

years from date of all signature executed in the amount of a

one-time payment of $3,000.00. Chair or designee approved

to sign all pertinent documents.

To approve the Memorandum of Understanding between the

Colville Confederated Tribes Language Program & Head

Start Program.

Special Session

June 7th, 2018

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

Page 3 of 6

2018-354.e&e

2018-355.e&e

2018-356.nrc

2018-357.nrc

2018-358.nrc

2018-359.nrc

2018-360.nrc

To request the approval of the updated CCT YDP Summer

Youth Employment Program Handbook. The Summer Youth

Employment Program (SYEP) primary objective is to provide

employment experience, job readiness skills, and training

needed to obtain full time employment. The program also

provides an opportunity for youth employees to obtain

meaningful work ethics, financial benefits, and confidence

that will prepare them to make respectable career decisions

ultimately leading to self-sufficiency.

To appoint Cynthia Williams, Tribal Member, to the vacant

TERO Commission Omak (G-8425) position for a four year

term. Hire will be contingent upon passing required

background clearances. In the event that Cynthia Williams

does not pass the background check or declines the position,

the position will be offered to alternate Melissa Williams.

Chairman or designee to sign all pertinent documents.

To approve budget modification #1 for 316617 Okanogan

Sub Basin Implementation & Habitat Project EXP deobligating -$1,210,653 bringing the total contract value to

$2,406,187 and the contract dates remain the same and the

Chairman or his/her designee is authorized to sign all

pertinent documents. Attached is budget modification #1. No

Tribal dollars associated.

To approve budget modification #2 for 316017 Non Native

Predator Removal Project adding an additional $292,858

bringing the total contract value to $517,858 and extending

the date to January 31, 2019 and authorize the Chairman or

his/her designee to sign all pertinent documents. Attached is

budget modification #2. No Tribal dollars associated.

To approve the new award for BIA Chief Joseph Hatchery

Predator Net Project in the amount of $99,760 and the dates

are from April 13, 2018 to September 30, 2018 and authorizes

the Chairman or his/her designee to sign al pertinent

documents. Attached is new award & Budget. No Tribal

dollars associated.

To approve the new award for BIA Okanogan River Basin

PIT Tag Array Project in the amount of $49,975 and the dates

are from April 13th, 2018 to September 30th, 2018 and

authorizes the Chairman or his/her designee to sign all

pertinent documents. Attached is new award & budget. No

Tribal dollars associated.

To approve the new sub contract for 317518 Cardno in the

amount of $130,175 and authorizes the Chairman or his/her

designee to sign all pertinent documents. Attached is the sub

contract & SOW. No Tribal dollars associated.

Special Session

June 7th, 2018

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 FOR (SC, GS, SA, LA, AJ,

KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

*Out of the Room (JF, WW)

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

Page 4 of 6

2018-361.nrc

2018-362.nrc

FAILED

2018-363.nrc

2018-364.nrc

2018-365.nrc

2018-366.nrc

To approve Carl Seastrom - member, for grazing privileges

on Range Unit 76 for the 2018 to 2022 grazing permit cycle.

The grazing fees ($1.20/AUM for Tribal tracts and

$10.00/AUM for allotment tracts) established by resolution

2018-44 shall apply. The permittee shall comply with the

Best Management Practices (BMP's) set forth by the Range

Program for the duration of the permit. Chair or designee is

authorized to sign all pertinent documents.

To approve Dale Smith - non-member, for grazing privileges

on Range Unit 35 for the 2018 to 2022 grazing permit cycle.

The grazing fees ($10.00/AUM plus $2.50/AUM user fee for

Tribal tracts and $10.00/AUM for allotment tracts)

established by resolution 2018-44 shall apply. The permittee

shall comply with the Best Management Practices (BMP's) set

forth by the Range Program for the duration of the permit.

Chair or designee is authorized to sign all pertinent

documents.

To transfer the following property from Colville Tribal Credit

Corporation to the Confederated Tribes of the Colville

Reservation: Lot 11, Block 125, Plat of the Townsite of

Omak, Colville Indian Reservation, as per plat thereof

recorded in Book "D" of Plats, pages 31 and 32, records of

the Auditor of Okanogan County, Washington. The Real

Property or its address is commonly known as 612 Edmonds

St., Omak, WA 98841. The Real Property tax identification

number is 2001241100. Valued at $60,000. The Chairman or

designee is authorized to sign all pertinent documents.

To approve contract change order #1, amending Resolution

#R15-374 with Anatek Labs, Inc. (C15-294) adding $63,000

to the original contract price of $89,680.00 for a new contract

amount of $152,680.00. Also, requesting to change the

contract completions date from June 14, 2018 to June 14,

2021. No additional tribal dollars are being requested,

Chairman or designee authorized to sign all related

documents.

To enact amendments or Chapter 4-6 Mining Code as

proposed (attached). Chapter 4-6 has been processed utilizing

CBC Procedural Rule 3 (b), (e), (f) and (g) and is in the final

stage. No comments have been received during this comment

period. Once approved, a copy shall be forwarded to the

Code Reviser for certification and distribution.

To approve sales for June 18, 2018 through July 4, 2018 (up

to midnight). The following designated sites for the discharge

of fireworks on July 4, 2018 will be Round Lake in Inchelium

and Omak East Side Park in Omak. Illegal to discharge

fireworks outside of the designated areas. If caught outside

designated areas, you will be subject to fines. The Colville

Business Council reserves the right to gauge the fire season

Special Session

June 7th, 2018

Naomi Yazzie, Executive Office Assistant

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

9 FOR (SC, JF, GS, SA, WW,

AJ, JS, JB, NS)

0 AGAINST

2 ABSTAINED (LA, KC)

11 FOR (SC, JF, GS, SA, LA,

WW, AJ, KC, JS, JB, NS)

0 AGAINST

0 ABSTAINED

10 FOR (SC, JF, GS, SA, LA,

WW, AJ, JS, JB, NS)

1 AGAINST (KC)

0 ABSTAINED

9 FOR (JF, GS, SA, LA, WW,

AJ, KC, JS, JB)

1 AGAINST (SC)

1 ABSTAINED (NS)

Page 5 of 6

each year to make an annual determination to allow the sales

and discharge fireworks. This resolution supersedes all past

resolutions.

Special Session

June 7th, 2018

Naomi Yazzie, Executive Office Assistant

Page 6 of 6