# COLVILLE CONFEDERATED TRIBES (2018) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ac195e5473bdca362 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Ac195e5473bdca362. Public record. Not legal advice.