# Oneida Business Committee (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7ab3a49986945239 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 261 Oneida Business Committee Executive Session 8:30 AM Tuesday, April 25, 2023 Virtual Meeting – Microsoft Teams Regular Meeting 8:30 AM Wednesday, April 26, 2023 BC Conference Room 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 1st floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. I. CALL TO ORDER II. OPENING A. Special recognition - recipients of RAISE Grant for the Oneida Transit Bus Garage Sponsor: David P. Jordan, Councilman III. ADOPT THE AGENDA IV. MINUTES A. V. Approve the April 12, 2023, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled Office of Violence Against Women - FY-2023 Grants to Indian Tribal Governments Program Sponsor: Mark W. Powless, General Manager B. Adopt resolution entitled Adoption of the FY 2023-2026 Oneida Nation Tribal Transportation Improvement Plan (TTIP) and Tribal Transportation Program Agreement (TTP/G2G) Including Corresponding Referenced Funding Agreements (RFA) Sponsor: Mark W. Powless, General Manager Oneida Business Committee Regular Meeting Agenda Page 1 of 5 April 26, 2023 Public Packet VI. 2 of 261 C. Adopt resolution entitled Fireworks Display for the 200 Year Bicentennial Sponsor: Mark W. Powless, General Manager D. Enter the e-poll results into the record regarding adopted BC resolution 04-14-23-A Approval of Use of Economic Development, Diversification and Community Development Funds for a Payment of $49,900 for a Third-Party Review of a Feasibility Study in Accordance with BC Resolution # 03-11-20-C Sponsor: Lisa Liggins, Secretary APPOINTMENTS A. VII. Determine next steps regarding ten (10) vacancies - Oneida Election Board Alternates Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. B. FINANCE COMMITTEE 1. Accept the March 3, 2023, regular Finance Committee meeting minutes Sponsor: Keith Doxtator, Chief Financial Officer 2. Accept the March 15, 2023, regular Finance Committee meeting minutes Sponsor: Keith Doxtator, Chief Financial Officer 3. Accept the April 3, 2023, regular Finance Committee meeting minutes Sponsor: Keith Doxtator, Chief Financial Officer 4. Accept the April 17, 2023, regular Finance Committee meeting minutes Sponsor: Keith Doxtator, Chief Financial Officer LEGISLATIVE OPERATING COMMITTEE 1. VIII. Accept the April 7, 2023, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. Adopt resolution entitled Adding Group 3 to Approved ARPA FRF TCS Allocations Sponsor: Jo Anne House, Chief Counsel 2. Adopt resolution entitled Obligation for 22-105 Mission Park Renovations Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager Oneida Business Committee Regular Meeting Agenda Page 2 of 5 April 26, 2023 Public Packet IX. X. 3 of 261 3. Adopt resolution entitled Obligation for Tribal Action Plan Community Events Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 4. Adopt resolution entitled Obligation for Skenandoah Front Lobby Renovation Utilizing Tribal Contribution Savings Sponsor: Todd VanDen Heuvel, Executive HR Director TRAVEL REQUESTS A. Approve the travel request in accordance with § 219.16-1 - Oneida Gaming Commission - sixteen (16) members - 2023 Wisconsin Gaming Regulators Association Summer Conference - Wisconsin Dells, WI - June 21-23, 2023 Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission B. Enter the e-poll results into the record regarding the approved travel for Councilwoman Jennifer Webster to attend the U.S. Department of Health and Human Services HHS Tribal Budget and Policy Consultations in Washington, D.C. - April 1720, 2023 Sponsor: Lisa Liggins, Secretary REPORTS A. OPERATIONAL (10:00 a.m.) 1. Accept the Big Bear Media FY-2023 2nd quarter report Sponsor: Mark W. Powless, General Manager 2. Accept the Comprehensive Health Division FY-2023 2nd quarter report Sponsor: Mark W. Powless, General Manager 3. Accept the Comprehensive Housing Division FY-2023 2nd quarter report Sponsor: Mark W. Powless, General Manager 4. Accept the Digital Technology Services FY-2023 2nd quarter report Sponsor: Mark W. Powless, General Manager 5. Accept the Education & Training FY-2023 2nd quarter report Sponsor: Mark W. Powless, General Manager 6. Accept the Environmental, Health, Safety, Land, & Agriculture Division FY2023 2nd quarter report Sponsor: Mark W. Powless, General Manager 7. Accept the Governmental Services Division FY-2023 2nd quarter report Sponsor: Mark W. Powless, General Manager 8. Accept the Grants FY-2023 2nd quarter report Sponsor: Mark W. Powless, General Manager Oneida Business Committee Regular Meeting Agenda Page 3 of 5 April 26, 2023 Public Packet XI. 4 of 261 9. Accept the Public Works Division FY-2023 2nd quarter report Sponsor: Mark W. Powless, General Manager 10. Accept the Tribal Action Plan FY-2023 2nd quarter report Sponsor: Mark W. Powless, General Manager GENERAL TRIBAL COUNCIL A. Accept the petition processing notice and the 2023 petition status report Sponsor: Lisa Liggins, Secretary B. PETITIONER LINDA DALLAS - Accept the statements of effect - petition # 2023-13, 2023-14, 2023-15, 2023-20, 2023-26 1. C. PETITIONER LINDA DALLAS - Emergency Amendments to the Election Law for the 2023 General Election # 2023-29 1. XII. Accept the statements of effect - petition # 2023-13, 2023-14, 2023-15, 2023-20, 2023-26 Sponsor: David P. Jordan, Councilman Approve three (3) requested actions regarding petition # 2023-29 Sponsor: Lisa Liggins, Secretary EXECUTIVE SESSION A. B. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report (10:00 a.m.) Sponsor: Mark W. Powless, General Manager 3. Accept the Intergovernmental Affairs, Communications, and Self-Governance April 2023 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 4. Defer the Chief Financial Officer April 2023 report to the May 10, 2023, regular Business Committee meeting Sponsor: Keith Doxtator, Chief Financial Officer 5. Accept the Treasurer’s March 2023 report (11:00 a.m.) Sponsor: Keith Doxtator, Chief Financial Officer NEW BUSINESS 1. Accept the Oneida Airport Hotel Corporation liaison update Sponsor: Kirby Metoxen, Councilman Oneida Business Committee Regular Meeting Agenda Page 4 of 5 April 26, 2023 Public Packet XIII. 5 of 261 2. Accept the Wells Fargo Services Merchant Processing final report Sponsor: Keith Doxtator, Chief Financial Officer 3. Review application(s) for ten (10) vacancies - Oneida Election Board Alternates Sponsor: Lisa Liggins, Secretary ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 5 of 5 April 26, 2023 Public Packet 6 of 261 Special recognition - recipients of RAISE Grant for the Oneida Transit Bus Garage Business Committee Agenda Request 1. Meeting Date Requested: 04/26/23 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☒ Accept as information; OR Special Recognition for the recipients of the RAISE Grant for the Oneida Transit Bus Garage. 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Transit and Grants ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions Departments 5. Additional attendees needed for this request: Tina Jorgenson, Division Director GSD Transit Department Grants Department Engineering Department Revised: 11/15/2021 Page 1 of 2 Public Packet 7 of 261 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☒ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 7. Budget Information: ☒ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☐ Not Applicable 8. Submission: Authorized Sponsor: David P. Jordan, Councilman Primary Requestor: Name, Title/Entity Revised: 11/15/2021 Page 2 of 2 Public Packet 8 of 261 Memorandum To: Oneida Business Committee From: David Jordan, Oneida Business Committee member Date: April 18, 2023 Re: Special Recognition – RAISE Grant Recipients Background: The Oneida Transit Team and Oneida Grants Department are the recent recipients of the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant for the Oneida Transit Bus Garage in the amount of $2,952,050.00. In accordance with the Grant,: The Oneida Nation will construct a new transit garage that consists of office space, vehicle storage, wash bay and mezzanines to accommodate the Transit Department’s space needs. The new facility will be built on a 3-acre site, including exterior hard surfaces and green space. The new facility will be approximately 12,660 square feet total, with the office portion approximately 3,700 square feet, and the vehicle bay area approximately 8,960 square feet. The vehicle bay area is large enough to house the entire transit fleet and provide adequate storage space for vehicle supplies and parts. The facility is designed to be functional, ADA compliant, expandable, and energy efficient in order to minimize operating costs and offer sustainable design features. Special Recognition at BC meeting: (4) Carol Stiff, Transit Manager; Marsha Danforth, Grants Department; Don Miller, Grants Department; and Sam VanDen Heuvel, Senior Construction Manager - Engineering Department. Transit Staff: (15) Neva Cahill, Gladys Dallas, Bob Detrie, Ellie Doxtator, Rod Hill, Henry “Hank”Huff, Richell Kaquatosh, Timothy Kaye, Gordon Peters, Tashina Redhail, Carl Roznoski, Sherry Skenandore, Anthony Webster-Bodway, Kymme Skenandore Goodrick, and Joseph Pesmark Page 1 of 1 Public Packet 9 of 261 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 RAISE GRANT PROGRAM This agreement is between the United States Department of Transportation (the “USDOT”) and the Oneida Nation (the “Recipient”). This agreement reflects the selection of the Recipient to receive a RAISE Grant for the Oneida Transit Bus Garage. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS. 1.1 General Terms and Conditions. (a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program: FTA Projects,” dated October 22, 2022, which is available at https://www.transportation.gov/policyinitiatives/raise/raise-grant-agreements. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, terminating of the RAISE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the RAISE Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. ARTICLE 2 SPECIAL TERMS AND CONDITIONS. There are no special terms for this award. 1 of 19 Public Packet 10 of 261 SCHEDULE A ADMINISTRATIVE INFORMATION 1. 2. Application. Application Title: Oneida Transit Bus Garage Application Date: April 8, 2022 Recipient’s Unique Entity Identifier. Recipient’s Unique Entity Identifier: HZ8CHGL3B3S6. 3. Recipient Contact(s). Carol Moore-Stiff Public Transit Manager Oneida Nation P.O. Box 365 Oneida, WI 54155 920-496-5775 Cstiff2@oneidanation.org 4. Recipient Key Personnel. Sam VanDen Heuvel Sr. Construction Manager Oneida Nation P.O. Box 365 Oneida, WI 54155 920-869-4585 svandenh@oneidanation.org Marsha Danforth Grant Development Specialist Oneida Nation P.O. Box 365 Oneida, WI 545155 920-496-7328 mdanfor4@oneidanation.org USDOT Project Contacts. Kelley Brookins Regional Administrator Federal Transit Administration, Region V 200 W Adams Street, Suite 320, Chicago, IL 60606 312-353-1654 Kelley.brookins@dot.gov 2 of 19 Public Packet 11 of 261 Colin Korst Transportation Program Specialist Federal Transit Administration, Region V 200 W Adams Street, Suite 320, Chicago, IL 60606 312-353-3853 colin.korst@dot.gov Erin Ludwig Community Planner Federal Transit Administration, Region V 200 W Adams Street, Suite 320, Chicago, IL 60606 312-353-1546 erin.ludwig@dot.gov 5. Payment System. USDOT Payment System: 6. ECHO Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: None 7. Federal Award Identification Number. Federal Award Identification Number: 3 of 19 [insert FAIN] Public Packet 12 of 261 SCHEDULE B PROJECT ACTIVITIES 1. General Project Description. The project will complete the engineering, design, and construction of the Oneida Transit bus garage. 2. Statement of Work. The Oneida Nation will construct a new transit garage that consists of office space, vehicle storage, wash bay and mezzanines to accommodate the Transit Department’s space needs. The new facility will be built on a 3-acre site, including exterior hard surfaces and green space. The new facility will be approximately 12,660 square feet total, with the office portion approximately 3,700 square feet, and the vehicle bay area approximately 8,960 square feet. The vehicle bay area is large enough to house the entire transit fleet and provide adequate storage space for vehicle supplies and parts. The facility is designed to be functional, ADA compliant, expandable, and energy efficient in order to minimize operating costs and offer sustainable design features. 4 of 19 Public Packet 13 of 261 SCHEDULE C AWARD DATES AND PROJECT SCHEDULE 1. Award Dates. Budget Period End Date: 08/30/2025 Period of Performance End Date: 08/30/2025 Estimated Project Schedule. 2. Milestone Schedule Date Planned Construction Contract Award Date 03/24/2023 Planned Pre-Construction Activities 05/15/2023 Planned Construction Start Date 02/21/2024 Planned Construction Substantial Completion Date 01/21/2025 Planned Begin Beneficial Use 03/15/2025 Special Milestone Deadlines. None. 5 of 19 Public Packet 14 of 261 SCHEDULE D AWARD AND PROJECT FINANCIAL INFORMATION 1. Award Amount. RAISE Grant Amount: 2. Federal Obligation Information. Federal Obligation Type: 3. $2,952,050 Single Approved Project Budget. Eligible Project Costs Total RAISE Funds: Other Federal Funds: Non-Federal Funds: Total: 4. $2,952,050 $1,571,554 $72,000 $4,595,604 Cost Classification Table. Reserved. 5. Approved Pre-award Costs None. The USDOT has not approved under this award any pre-award costs under 2 C.F.R. 200.458. Because unapproved costs incurred before the date of this agreement are not allowable costs under this award, the USDOT will neither reimburse those costs under this award nor consider them as a non-Federal cost sharing contribution to this award. Costs incurred before the date of this agreement are allowable costs under this award only if approved in writing by USDOT before being included in the Project costs and documented in this section 5. See section 13.3(b) of the General Terms and Conditions. 6 of 19 Public Packet 15 of 261 SCHEDULE E CHANGES FROM APPLICATION Scope: None Schedule: The schedule in the application projected a start date for construction approximately 90 days after award in 2023 and an opening on or before June 30, 2026. The schedule has been revised to indicate a construction start date of February 2024 and an opening date of March 2025. The main reason for the variance in the start date is that the original application did not account for adequate time in the schedule for negotiation of the grant agreement. The construction will still be completed within 365-548 days. These allowances have been included in the revised schedule included in Schedule C. Budget: The total project costs included in the application have increased by $1,643,554 (49%) due to an inflationary increase in construction materials cost since the time of the application. This additional cost is being covered by additional Other Federal Funds in the form of 5311c Tribal Transit formula funds and additional Non-Federal Funds in the form of local contribution from Oneida Nation. The table below provides a summary comparison of the Project budget. Application $ % Fund Source Previously Incurred Costs Federal Funds $384,600 95.1% Non-Federal Funds $19,796 4.9% Total Previously Incurred Costs $404,396 Future Eligible Project Costs RAISE Funds $2,952,050 100.0% Other Federal Funds $0 0.0% Non-Federal Funds $0 0.0% Total Future Eligible Project Costs $2,952,050 Total Project Costs $3,356,446 Other: None 7 of 19 Schedule D $ % $384,600 $19,796 $404,396 95.1% 4.9% $2,952,050 $1,571,554 $72,000 64.2% 34.2% 1.6% $4,595,604 $5,000,000 Public Packet 16 of 261 SCHEDULE F RAISE PROGRAM DESIGNATIONS 1. Urban or Rural Designation. Urban-Rural Designation: 2. Urban Capital or Planning Designation. Capital-Planning Designation: 3. Historically Disadvantaged Community or Area of Persistent Poverty Designation. HDC or APP Designation: 4. Capital Yes (HDC) Funding Act. Funding Act: IIJA 8 of 19 Public Packet 17 of 261 SCHEDULE G RAISE PERFORMANCE MEASUREMENT INFORMATION Study Area: The project will be constructed within the boundaries of the Oneida Nation reservation on Tribally owned land held in trust for them by the Federal Government. The Oneida Nation reservation is located in parts of two counties in Northeastern Wisconsin, Brown and Outagamie, the reservation has both rural and urban locations. Baseline Measurement Date: Baseline Report Date: Estimated April 2023 Estimated May 2023 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency Economic Competitiveness, Quality of Life Vehicle Hours and Miles The hours (miles) that a vehicle is scheduled to or actually travels from the time it pulls out from its garage to go into revenue service to the time it pulls in from revenue service. It is often called platform time. Quarterly State of Good Repair System/Vehicle Breakdowns A failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip because actual movement is limited or because of safety concerns. 9 of 19 Quarterly Public Packet 18 of 261 SCHEDULE H CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with “X” in the following table are accurate: The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) x The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.) x The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.) 10 of 19 Public Packet 19 of 261 The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and locationefficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. The facility will be designed to protect the environment from air pollution and to be suitable for Oneida Nation’s long-term goal of replacing its current 10 bus fleet with a fleet focused on the use of electric buses. The public’s use of buses, in addition to promoting community travel and business, also reduces greenhouse gas emissions and reduces wear and tear on local highways and bridges. Improving the condition of the Oneida Nation’s buses will allow it to expand and encourage transit transportation and reduce the community’s carbon footprint. It is ultimately part of a plan to move the Oneida Transit fleet to all electric, supported by the creation of an adequate bus facility. The construction of a new modern facility will allow Oneida Nation to expand its bus service by improving the condition of our current fleet and keeping its buses in better condition and on the road. The improved condition of its buses will allow expansion of its demand response or on-demand services encouraging bus usage as a valid choice for the community. The newly constructed facility will be built to be supportive of the 11 of 19 Public Packet 20 of 261 environment and the community by providing a cross-functional, centralized facility that will allow us to effectively contribute to community resilience planning. It will be in a position to operate as an incident Command Post, emergency shelter or a point of community distribution. A garage facility will give us enough space to allow for us to partner with multiple community emergency response teams and to host evacuation workshops. 12 of 19 Public Packet 21 of 261 SCHEDULE I RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with “X” in the following table are accurate: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.) x The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) x The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 13 of 19 Public Packet 2. 22 of 261 Supporting Narrative. The Oneida transit system operates accessible buses for the transporting of differently abled individuals and the elderly, removing physical barriers for individuals and communities. This project will also support Oneida Nation’s monthly service for transporting clients to inter-city locations for medical purposes such as trips to Madison and Milwaukee, Wisconsin. This project proactively addresses racial barriers to opportunity, including auto dependence. While by far the majority of its clientele is American Indian, the Oneida transit does not discriminate in the service that it offers. Oneida transit is dedicated to the preservation of the Oneida community and supports it by providing adequate transportation to those community members that need it and by supporting community events and activities. Oneida transit supports community events and cultural activities by providing transportation to and from the various venues, including Tribal events such as the annual Oneida Nation powwow and the Apple festival. Oneida transit also transports community members to important public gatherings and political meetings. The Oneida Transit system operates a daily schedule of rides that are designed to cover as many clients as possible while doing so in an efficient and cost-effective manner. Rides are provided at a reasonable cost to promote ridership and affordability. Buses are operated by a trained staff of drivers and are equipped to handle the varied needs of its passengers, as well as the requirements of the ADA. Oneida serves all reservation locations and visits local bus company hubs to transfer individuals to other buses for longer trips. The existence of this reliable service negates the impact that high costs associated with automobile dependent transportation can have on elders, low income and differently able individuals. 14 of 19 Public Packet 23 of 261 SCHEDULE J LABOR AND WORK 1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate: The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.) 15 of 19 Public Packet 24 of 261 The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and f. maintaining robust anti-retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) x The Recipient has taken other actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improving goodpaying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. Oneida transit as required by federal law and Oneida preference laws seeks to hire contractors that obey all local and federal regulations and strives to encourage the hiring of Oneida Tribal members, other minorities, and female employees. The Oneida Nation requires that contractors selected to work on projects for Oneida Nation departments and 16 of 19 Public Packet 25 of 261 divisions hire qualified Oneida people to fill project position and to hire other individuals from minority classes as possible to fill open positions or to be included among employees hired to be trained for positions on Oneida projects. One benefit of this project is the potential for job creation and retention. The construction project itself will create an opportunity for higher wage employment, and Oneida Nation estimates that the project will employ as many as 45 workers. Further, having a facility where Oneida transit can secure its buses will also allow it to hire a maintenance staff and to contribute to the retention of other staff such as groundskeeping and housekeeping and later to expand our service and hire more drivers. Currently all routine and other maintenance except the most basic cleaning services are subcontracted outside the Oneida Nation community. 17 of 19 Public Packet 26 of 261 RECIPIENT SIGNATURE PAGE The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature. Oneida Nation 03/09/2023 Date By: Signature of Recipient’s Authorized Representative Tehassi Tasi Hill Name Tribal Chairman Title 18 of 19 Public Packet 27 of 261 USDOT SIGNATURE PAGE The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature. UNITED STATES DEPARTMENT OF TRANSPORTATION March 13, 2023 Date By: Signature of USDOT’s Authorized Representative Kelley Brookins Name Regional Administrator Title 19 of 19 Public Packet 28 of 261 Approve the April 12, 2023, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 04/26/23 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: CELLIS1 Public Packet 29 of 261 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, April 12, 2023 BC Conference Room, 2nd floor, Norbert Hill Center Minutes REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster; Not Present: Treasurer Tina Danforth; Arrived at: Secretary Lisa Liggins at 8:37 a.m.; Others present: Jo Anne House, Keith Doxtator, Mark W. Powless (via Microsoft Teams1), Melinda J. Danforth (via Microsoft Teams), Katsitsiyo Danforth (via Microsoft Teams), Todd VanDen Heuvel (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Danelle Wilson (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Clorissa Leeman, RaLinda Ninham-Lamberies (via Microsoft Teams), Maureen Metoxen (via Microsoft Teams), Lisa Duff (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Lori Hill (via Microsoft Teams), Michelle Danforth-Anderson (via Microsoft Teams), Tina Jorgensen (via Microsoft Teams), Grace Elliott (via Microsoft Teams), Paul Witek (via Microsoft Teams), Paul Truttmann (via Microsoft Teams), Sarah Wunderlich (via Microsoft Teams), Jameson Wilson (via Microsoft Teams), Patricia King (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Shannon Davis (via Microsoft Teams), Bonnie Pigman (via Microsoft Teams), Elijah Metoxen (via Microsoft Teams), JoAnn Ninham, Michelle Reed, LeeAnn Schuyler, Doreen Zayas, Teresa Vansteel, Anthony Vansteel, Kiarra Vigil, Orleana Batiste, Gen Zayas, Roy Skenandore, Barry Skenandore, Ray Skenandore, Kelli Strickland (via Microsoft Teams), Sidney White (via Microsoft Teams), Melissa Metoxen (via Microsoft Teams), William Sauer, Kathleen Cornelius, Mike Debraska (via Microsoft Teams), Mary Graves (via Microsoft Teams), Cathy L. Metoxen, Nancy Barton, Fawn Billie, Aliskwet Ellis; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:31 a.m. For the record: Treasurer Tina Danforth is out on leave. 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Regular Meeting Minutes Page 1 of 11 April 12, 2023 Public Packet 30 of 261 DRAFT II. OPENING (00:00:09) Opening provided by Councilman Kirby Metoxen. A. Special recognition for years of service (00:00:33) Sponsor: Todd VanDen Heuvel, Executive HR Director Special recognition for years of service by Chairman Tehassi Hill of the following individuals: 30 years of service - Rae Skenandore, Robert Appel, Christine Joly, Richard King, Kerry Manthe, Tammy Rahmlow, James Powless, Fawne Rasmussen, Michael Jourdan, Luann King-Skenandore, Suzanne Lindberg, Doreen Zayas, Tammy Umentum, Mary Cowman; 25 years of service - Orleana Batiste, Paula Skenandore, Dawn Krines-Glatt. III. ADOPT THE AGENDA (00:04:50) Secretary Lisa Liggins arrived at 8:37 a.m. Motion by David P. Jordan to adopt the agenda with four (4) additions [1) under the New Business section, add item entitled Approve BC Special Project fund request in the amount of $400 for Transit employee recognition; 2) under the New Business section, add item entitled Approve the recommendation for distribution of the Shrine Circus tickets and the eligibility criteria of age 18+ pursuant to OBC SOP Ticket Distribution § 5.3.1.2.; 3) under New Business section, add item entitled Research Request: Sarah Tate - University of Wisconsin-Madison - Cultural Revitalization - review recommendation and determine next steps; 4) under the Executive Session, New Business section, add item entitled Review Kemper Sports Management contract and determine next steps], seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Abstained: Lisa Liggins Not Present: Tina Danforth IV. OATH OF OFFICE A. Oneida Community Library Board - Kathleen Cornelius and Bridget John (00:07:04) Sponsor: Lisa Liggins, Secretary B. Oneida Nation Arts Board - Kent Hutchison and Kelli Strickland (00:07:04) Sponsor: Lisa Liggins, Secretary C. Oneida Police Commission - William Sauer (00:07:04) Sponsor: Lisa Liggins, Secretary D. Oneida Youth Leadership Institute Board - Elijah Metoxen, Melissa Metoxen, and Sidney White (00:07:04) Sponsor: Lisa Liggins, Secretary Oaths of office administered by Councilwoman Jennifer Webster. Kathleen Cornelius and William Sauer are present. Kelli Strickland, Melissa Metoxen, Elijah Metoxen, and Sidney White are present via Microsoft Teams. Bridget John and Kent Hutchison were not present. Oneida Business Committee Regular Meeting Minutes Page 2 of 11 April 12, 2023 Public Packet 31 of 261 DRAFT V. MINUTES A. Approve the March 22, 2023, regular Business Committee meeting minutes (00:11:57) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to approve the March 22, 2023, regular Business Committee meeting minutes, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins Brandon Stevens, Jennifer Webster Abstained: Kirby Metoxen Not Present: Tina Danforth B. Approve the March 27, 2023, special Business Committee meeting minutes (00:12:33) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to approve the March 27, 2023, special Business Committee meeting minutes, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins Brandon Stevens, Jennifer Webster Abstained: Kirby Metoxen Not Present: Tina Danforth VI. STANDING COMMITTEES A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. Accept the February 2, 2023, regular Community Development Planning Committee meeting minutes (00:18:14) Sponsor: Brandon Stevens, Vice-Chairman Motion by Marie Cornelius to accept the February 2, 2023, regular Community Development Planning Committee meeting minutes, seconded by Brandon Stevens. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth B. LEGISLATIVE OPERATING COMMITTEE 1. Accept the March 15, 2023, regular Legislative Operating Committee meeting minutes (00:18:45) Sponsor: David P. Jordan, Councilman Motion by Marie Cornelius to accept the March 15, 2023, regular Legislative Operating Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 3 of 11 April 12, 2023 Public Packet 32 of 261 DRAFT C. QUALITY OF LIFE COMMITTEE 1. Accept the February 16, 2023, regular Quality of Life Committee meeting minutes (00:19:08) Sponsor: Marie Cornelius, Councilwoman Motion by David P. Jordan to accept the February 16, 2023, regular Quality of Life Committee meeting minutes, seconded by Brandon Stevens. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth VII. STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. Adopt resolution entitled Obligation for FY-2024 Food GWA Payment Utilizing Tribal Contribution Savings (00:19:33) Sponsor: Jennifer Hill-Kelley, Chair/Oneida Trust Enrollment Committee Motion by Jennifer Webster to adopt resolution entitled 04-12-23-A Obligation for FY-2024 Food GWA Payment Utilizing Tribal Contribution Savings, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Opposed: Daniel Guzman King, Lisa Liggins Not Present: Tina Danforth 2. Adopt resolution entitled Obligation for the Oneida Pow Wow Arbor Replacement Project Utilizing Tribal Contribution Savings (00:22:14) Sponsor: Mark W. Powless, General Manager Motion by Marie Cornelius to adopt resolution entitled 04-12-23-B Obligation for the Oneida Pow Wow Arbor Replacement Project Utilizing Tribal Contribution Savings, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth 3. Adopt resolution entitled Obligation for Senior Center Vehicles Utilizing Tribal Contribution Savings (00:22:44) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to adopt resolution entitled 04-12-23-C Obligation for Senior Center Vehicles Utilizing Tribal Contribution Savings, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Brandon Stevens, Jennifer Webster Abstained: David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 4 of 11 April 12, 2023 Public Packet 33 of 261 DRAFT 4. Adopt resolution entitled Obligation for The Great Law of Peace Recital Utilizing Tribal Contribution Savings (00:24:50) Sponsor: Mark W. Powless, General Manager Motion by Marie Cornelius to adopt resolution entitled 04-12-23-D Obligation for The Great Law of Peace Recital Utilizing Tribal Contribution Savings with two (2) noted changes [1) in line 43, correct "August" to "September"; and 2) in line 49, correct "The Great Law Committee" to "Cultural Heritage Clan Managers"], seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth VIII. TRAVEL REPORTS A. Approve the travel report - Councilwoman Marie Cornelius - State of the Tribes Address - Madison, WI - March 13-14, 2023 (00:32:30) Sponsor: Marie Cornelius, Councilwoman Motion by Lisa Liggins to approve the travel report from Councilwoman Marie Cornelius for the State of the Tribes Address in Madison, WI - March 13-14, 2023, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth IX. TRAVEL REQUESTS A. Approve the travel request - Chairman Tehassi Hill - Government Accountability Office Tribal Advisory Council meeting - Seattle, WA - May 1-4, 2023 (00:35:42) Sponsor: Tehassi Hill, Chairman Motion by Jennifer Webster to approve the travel request for Chairman Tehassi Hill to attend the Government Accountability Office Tribal Advisory Council meeting in Seattle, WA - May 1-4, 2023, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth B. Approve the travel request - Councilwoman Marie Cornelius - Inter-Tribal Task Force meeting - Lac Du Flambeau, WI - May 10-11, 2023 (00:36:06) Sponsor: Marie Cornelius, Councilwoman Motion by Jennifer Webster to approve the travel request for Councilwoman Marie Cornelius to attend the Inter-Tribal Task Force meeting in Lac Du Flambeau, WI - May 10-11, 2023, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 5 of 11 April 12, 2023 Public Packet 34 of 261 DRAFT X. NEW BUSINESS A. Post ten (10) vacancies for alternates for 2023 General Election - Oneida Election Board (00:38:10) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to post ten (10) vacancies for alternates for 2023 General Election - Oneida Election Board, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth B. Approve BC Special Project fund request in the amount of $400 for Transit employee recognition (00:40:07) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to approve BC Special Project fund request in the amount of $400 for Transit employee recognition, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth C. Approve the recommendation for distribution of the Shrine Circus tickets and the eligibility criteria of age 18+ pursuant to OBC SOP Ticket Distribution § 5.3.1.2. (00:44:45) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to approve the recommendation for distribution of the Shrine Circus tickets by first come, first serve, and the eligibility criteria age 18+ pursuant to OBC SOP Ticket distribution § 5.3.1.2., seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth D. Research Request: Sarah Tate - University of Wisconsin-Madison - Cultural Revitalization - review recommendation and determine next steps (00:45:46) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to approve the research request for Sarah Tate, University of WisconsinMadison regarding Cultural Revitalization, consistent with resolution, # BC-05-08-19-A Research Requests: Review and Approval to Conduct, and, in accordance with: a) resolve # 2(3), Ms. Tate is required to submit the final draft research paper for review; b) resolve # 2(4), Ms. Tate is required to submit a copy of the published work and can request to present the research findings to the Oneida Business Committee; and c) resolve # 5, any further use of this research information is subject to authorization by the Oneida Business Committee, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 6 of 11 April 12, 2023 Public Packet 35 of 261 DRAFT XI. GENERAL TRIBAL COUNCIL A. PETITIONER LINDA DALLAS 1. Accept the statement of effect re: Alcohol and Drug Addiction Treatment Assistance (00:54:49) Sponsor: David P. Jordan, Councilman Councilwoman Marie Cornelius left at 9:32 a.m. Councilwoman Marie Cornelius returned at 9:38 a.m. Motion by Jennifer Webster to accept the statement of effect re: Alcohol and Drug Addiction Treatment Assistance, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth 2. Accept the fiscal impact statement re: Alcohol and Drug Addiction Treatment Assistance (01:09:26) Sponsor: Keith Doxtator, Chief Financial Officer Motion by Lisa Liggins to accept the fiscal impact statement status update and legal review status update regarding the Alcohol and Drug Addiction Treatment Assistance, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth 3. Accept the legal review re: Alcohol and Drug Addiction Treatment Assistance (01:09:26) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to accept the fiscal impact statement status update and legal review status update regarding the Alcohol and Drug Addiction Treatment Assistance, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth 4. Accept the statement of effect re: FY-2023 budget (01:10:34) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the statement of effect re: FY-2023 budget, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 7 of 11 April 12, 2023 Public Packet 36 of 261 DRAFT 5. Accept the fiscal impact statement re: FY-2023 budget (01:10:54) Sponsor: Keith Doxtator, Chief Financial Officer Motion by David P. Jordan to accept the fiscal impact statement status update re: FY-2023 budget, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth 6. Accept the legal review re: FY-2023 budget (01:12:30) Sponsor: Jo Anne House, Chief Counsel Motion by Marie Cornelius to accept the legal review status update re: FY-2023 budget, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth 7. Accept the statement of effect re: General Tribal Council directive for the Oneida Business Committee to stay out of day-to-day business (01:13:13) Sponsor: David P. Jordan, Councilman Councilwoman Jennifer Webster left at 9:48 a.m. Councilwoman Jennifer Webster returned at 9:51 a.m. Motion by Marie Cornelius to accept the statement of effect re: General Tribal Council directive for the Oneida Business Committee to stay out of day-to-day business, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth 8. Accept the fiscal impact statement re: General Tribal Council directive for the Oneida Business Committee to stay out of day-to-day business (01:29:52) Sponsor: Keith Doxtator, Chief Financial Officer Motion by Lisa Liggins to accept the fiscal impact statement status update and legal review status update regarding General Tribal Council directive for the Oneida Business Committee to stay out of day-to-day business, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth 9. Accept the legal review re: General Tribal Council directive for the Oneida Business Committee to stay out of day-to-day business (01:29:52) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to accept the fiscal impact statement status update and legal review status update regarding General Tribal Council directive for the Oneida Business Committee to stay out of day-to-day business, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 8 of 11 April 12, 2023 Public Packet 37 of 261 DRAFT B. PETITIONER LLOYD ZEISE Councilman David P. Jordan left at 10:08 a.m. 1. Accept fiscal impact statement re: Uncap All Employee Wages (01:30:23) Sponsor: Keith Doxtator, Chief Financial Officer Motion by Marie Cornelius to accept the fiscal impact statement status update and legal review status update, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: David P. Jordan, Tina Danforth 2. Accept legal review re: Uncap All Employee Wages (01:30:23) Sponsor: Jo Anne House, Chief Counsel Motion by Marie Cornelius to accept the fiscal impact statement status update and legal review status update, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: David P. Jordan, Tina Danforth XI. EXECUTIVE SESSION (01:42:25) Motion by Marie Cornelius to go into executive session at 10:14 a.m., seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: David P. Jordan, Tina Danforth Motion by Daniel Guzman King to come out of executive session at 12:32 p.m., seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: David P. Jordan, Tina Danforth A. REPORTS 1. Accept the Chief Counsel report (01:43:04) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to accept the Chief Counsel report and to direct the Chief Financial Officer to create a reporting line in the Investment Report to track the "Opioid Litigation - Settlement Proceeds" which shall be budgeted in accordance with the Tribal Allocation Order #1 in case # 1:17-ND-2804, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 9 of 11 April 12, 2023 Public Packet 38 of 261 DRAFT 2. Accept the General Manager report (01:43:40) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to accept the General Manager report, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David P. Jordan B. AUDIT COMMITTEE 1. Accept the February 16, 2023, regular Audit Committee meeting minutes (01:43:50) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the February 16, 2023, regular Audit Committee meeting minutes, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David P. Jordan 2. Accept the Complimentary Services compliance audit and lift the confidentiality requirement (01:44:05) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the Complimentary Services compliance audit and lift the confidentiality requirement, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David P. Jordan 3. Accept the Economic Support Department Gift Cards/Vouchers annual audit and lift the confidentiality requirement (01:44:19) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the Economic Support Department Gift Cards/Vouchers annual audit and lift the confidentiality requirement, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David P. Jordan C. NEW BUSINESS 1. Approve a limited waiver of sovereign immunity - Gilbarco Inc. - file # 2023-0278 (01:44:36) Sponsor: Debra Powless, Retail General Manager Motion by Jennifer Webster to approve a limited waiver of sovereign immunity - Gilbarco Inc. - file # 2023-0278, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 10 of 11 April 12, 2023 Public Packet 39 of 261 DRAFT 2. Review Kemper Sports Management contract and determine next steps (01:44:56) Sponsor: Justin Nishimoto, Business Analyst Motion by Lisa Liggins to accept the discussion as information, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David P. Jordan XII. ADJOURN (01:45:15) Motion by Daniel Guzman King to adjourn at 12:34 p.m., seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David P. Jordan Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 11 of 11 April 12, 2023 Public Packet 40 of 261 Adopt resolution entitled Office of Violence Against Women - FY-2023 Grants to Indian Tribal... Business Committee Agenda Request 1. Meeting Date Requested: 04/26/23 2. Session: ‫ ܈‬Open ‫ ܆‬Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ‫ ܆‬Accept as information; OR Approve resolution 4. Areas potentially impacted or affected by this request: ‫ ܆‬Finance ‫ ܆‬Law Office ‫ ܆‬Gaming/Retail ‫ ܆‬Other: Describe ‫ ܈‬Programs/Services ‫ ܆‬MIS ‫ ܆‬Boards, Committees, or Commissions 5. Additional attendees needed for this request: Mark W. Powless, General Manager Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 41 of 261 6. Supporting Documents: ‫ ܆‬Bylaws ‫ ܆‬Contract Document(s) ‫ ܆‬Correspondence ‫ ܆‬Draft GTC Notice ‫ ܆‬Draft GTC Packet ‫ ܆‬E-poll results/back-up ‫ ܆‬Other: Describe ‫ ܆‬Fiscal Impact Statement ‫ ܆‬Law ‫ ܆‬Legal Review ‫ ܆‬Minutes ‫ ܆‬MOU/MOA ‫ ܆‬Petition ‫ ܆‬Presentation ‫ ܆‬Report ‫ ܈‬Resolution ‫ ܆‬Rule (adoption packet) ‫ ܆‬Statement of Effect ‫ ܆‬Travel Documents 7. Budget Information: ‫ ܆‬Budgeted – Tribal Contribution ‫ ܆‬Unbudgeted ‫ ܆‬Other: Describe 8. Submission: ‫ ܈‬Budgeted – Grant Funded ‫ ܆‬Not Applicable signed by Mark W. Powless Mark W. Powless Digitally Date: 2023.04.12 10:58:20 -05'00' Authorized Sponsor: Mark W. Powless, General Manager Primary Requestor: Cheryl Stevens, Grants Office Revised: 11/15/2021 Page 2 of 2 Public Packet 42 of 261 Date: April 11, 2023 To: BC Agenda Request From: Cheryl Stevens, Grants Office Re: Resolution ‐ “Office of Violence Against Women – FY2023 Grants to Indian Tribal Governments Program” The Domestic Violence Program (under Family Services) is re-applying to the Office of Violence Against Women – FY2023 Grants to Indian Tribal Governments Program to enhance current sexual assault services and respond to clientele need with additional resources. This grant will help to increase the quality of life of those served using culturally based systems of care to help victims heal from trauma. We currently have the grant but the funding cycle is ending as of the end of September. The purpose of which is to increase tribal capacity to respond to such gender-based violence victims. This includes advocacy services such as emotional support, education, empowerment groups, legal advocacy, and referrals, all through a culturally relevant lens. The grant is for up to $1,000,000 for 3 years and requires no match from the Nation and is all encompassing. If there are further questions, please contact: Cheryl Stevens 920‐496‐7331 cstevens@oneidanation.org Public Packet 43 of 261 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Oneida, WI 54155 BC Resolution # Leave this line blank Office of Violence Against Women – FY2023 Grants to Indian Tribal Governments Program WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, our Vision is a Nation of strong families built on Tsi?Niyukwliho T^ (Our Ways) and a strong economy; and WHEREAS, the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect, maintain and improve the standard of living and the environment in which the Oneida people live; and WHEREAS, the Oneida Nation has established the Domestic Violence Program within Family Services to address the issues of all forms of abuse, and WHEREAS, the Oneida Business Committee recognizes the need to support children, youth and families who are affected by domestic and sexual assault violence. NOW THEREFORE BE IT RESOLVED, the Oneida Nation authorizes and submits a grant application to the Office of Violence Against Women – FY2023 Grants to Indian Tribal Governments Program to enhance current sexual assault services and respond to clientele need with additional resources. This grant will help to increase the quality of life of those served using culturally based systems of care to help victims heal from trauma. PLEASE NOTE: 1. DO NOT include the Certification. The Certification includes the voting record and Secretary signature line and will be added after the adoption of the resolution. 2. If resolution runs to 2 or more pages, make sure to update the header with the TITLE Public Packet 44 of 261 Adopt resolution entitled Adoption of the FY 2023-2026 Oneida Nation Tribal Transportation Improvement Business Committee Agenda Request 1. Meeting Date Requested: 04/26/23 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Motion to approve the 2023-2026 TTIP list; to approve and execute the BIA retained services agreement; and to adopt the resolution and to forward to the BIA 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☐ Other: Describe ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Shannon Stone, DPW Director Troy D. Parr, AIA – Community Development Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 45 of 261 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☒ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☒ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☒ Budgeted – Grant Funded ☐ Not Applicable 8. Submission: Authorized Sponsor: Mark W. Powless, General Manager Primary Requestor: Troy D. Parr, AIA – Community Development Revised: 11/15/2021 Page 2 of 2 Public Packet 46 of 261 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Purpose: Attached you will find the annual update for the following documents: 1. The Tribal Transportation Improvement Project (TTIP) List 2. The BIA's Retained Services Addendum 3. BC Resolution #04-26-23-? for OBC consideration and adoption This is the annual update of the these three items allows us to continue to received our fair share of the Tribal Federal Transportation funding delivered through the BIA. Once adopted, this resolution will allow us to continue to progress with our Tribal Transportation Improvement Plans outlined 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet 47 of 261 ONEIDA LAW OFFICE CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT TO: Troy D. Parr cc: Misty D. Cannon Community Development Use this number on future correspondence: FROM: Carl J. Artman, Staff Attorney Carl J. Artman Digitally signed by Carl J. Artman Date: 2023.04.14 14:18:22 -05'00' DATE: April 14, 2023 RE: 2022-0553 Tribal Transportation Program Agreement Between the Oneida Nation's and the United States Department of Interior Bureau of Indian Affairs Purchasing Department Use Contract Approved Contract Not Approved (see attached explanation) If you have any questions or comments regarding this review, please call 869-4327. The attached agreement, contract, policy and/or guaranty has been reviewed by the Oneida Law Office for legal content only. Please note the following: 9 The document is in appropriate legal form. (Execution is a management decision.) Public Packet 48 of 261 Public Packet 49 of 261 FY2023 REFERENCED FUNDING AGREEMENT Pursuant to Oneida Nation’s Tribal Transportation Program Agreement (A22AV01063) With the Bureau of Indian Affairs Section 1. Authority. This Referenced Funding Agreement (RFA) is entered into by the Director, Bureau of Indian Affairs (BIA), on behalf of the Secretary of the Interior, and by the Oneida Nation (Tribe) and together with the BIA (collectively “the Parties”), pursuant to the Tribal Transportation Program Agreement (Program Agreement) between the Parties for comprehensive transportation planning, research, design, engineering, construction, maintenance of highway, road, bridge, parkway, or transit facility programs or projects that are located on, or which provide access to, the Oneida Nation along with related program administration activities and associated transportation services authorized by the Tribal Transportation Program (TTP), 23 U.S.C. §§ 201-202, as amended by the Surface Transportation Reauthorization Act of 2021 (STRA-21), Div. A of Pub. L. 117-58 (November 15, 2021), also colloquially known as the “Bipartisan Infrastructure Law,” or “BIL,” 25 C.F.R. Part 170 and 23 C.F.R. Part 661 (together, the “TTP Regulations”), and in accordance with the Indian Self-Determination and Education Assistance Act (ISDEAA), Pub. L. 93-638, as amended, 25 U.S.C. § 5301 et seq., including for purposes of Federal Tort Claims Act coverage, and by resolution of the Tribe’s governing body. Section 2. Effective Date. This RFA is effective upon its approval and execution by authorized representatives of the Tribe and BIA, except that if the Program Agreement is not yet in effect, then this RFA shall become effective upon approval of the Program Agreement by authorized representatives of the Tribe and BIA. Section 3. Purpose. The purpose of this RFA is to identify the source and amounts of funds for Fiscal Year 2023 made available to the Tribe under the Program Agreement, the time and method of payment, and such other provisions as the Parties agree in writing, if any, as provided below. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 1 of 4 FY23 STRA-21 RFA Public Packet 50 of 261 Section 4. Summary of Funds. The total amount and sources of funding provided under this RFA are as follows: Prior Year Funds (If Applicable) IRR Program Funds TTP Funds FAST ACT TTP Transportation Planning Funds (2%) FAST ACT TTP Funds STRA-21 TTP Transportation Planning Funds (2%) STRA-21 Highway Infrastructure Program Funds TTP Safety Funds Tribal Transportation Facility Bridge Program Funds Other Prior Year Funds Total Prior Year Funding $ - FY 2023 Tribal Transportation Program Funds and Other FHWA Funds TTP Funds TTP Transportation Planning Funds (2%) TTP Safety Funds TTP HPP Tribal Transportation Facility Bridge Program Funds Other Federal Lands Highway Program Funds Funds Transferred under Intergovernmental Fund Transfer Agreement Other Funds as described in Attached Agreement Funds Retained under Retained Services Addendum (RSA) Total FY 2023 Funding $ $ 1,405,585.00 32,137.00 $ 1,437,722.00 Total Amount for this RFA $ 1,437,722.00 Page 2 of 4 FY23 STRA-21 RFA Public Packet 51 of 261 Section 5. Use and Administration of Highway Infrastructure Programs Funds. Funds identified as “Highway Infrastructure Programs” funds under this RFA are made available pursuant to Title IV, Division M of the “Coronavirus Response and Relief Supplemental Appropriations Act,” Pub. L. 116-260 (Dec. 21, 2020) (“HIP-CRRSAA Funds”), for activities eligible under the TTP, as described in 23 U.S.C. § 202, and shall be administered by the Tribe in accordance with the Program Agreement, subject to the following: a) HIP-CRRSAA Funds may be used without limitation to pay for costs related to preventive maintenance, routine maintenance, operations, personnel, including salaries of employees (including those employees who have been placed on administrative leave) or contractors, debt service payments, availability payments, and coverage for other revenue losses, provided that all such costs must be related to highway surface transportation. b) An approved Long-Range Transportation Plan (“LRTP”) or Transportation Improvement Program (“TIP”), 23 U.S.C. §§ 134 and 135, is not required before the Tribe may expend HIP-CRRSAA funds for costs related to preventive maintenance, routine maintenance, operations, personnel, including salaries of employees (including those employees who have been placed on administrative leave), or contractors, debt service payments, availability payments and coverage for other revenue losses. An approved LRTP and TIP is required before HIPCRRSAA Funds may be expended on any other TTP-eligible activities. c) The Tribe shall separately track expenditures for all HIP-CRRSAA Funds and report on such expenditures in accordance with Article III, Section 7 of the Program Agreement. Section 6. Time and Method of Payment. Subject to the availability of funds, and the execution of this RFA by both Parties, the Director shall provide to the Tribe or its designee the funds identified in Section 4 of this RFA in a single advance payment within thirty (30) calendar days. This transfer shall be made electronically. The final amounts available in the fiscal year are subject to the determination of the Tribe’s share and other funds described under Article II, Section 2.A of the Program Agreement. Section 7. Amendments. Except as otherwise provided by the Program Agreement, any modification of this RFA shall be in the form of a written amendment and shall require the signatures of the authorized representatives of the Tribe and the Director. Section 8. Retained Services. In accordance with Article IV, Section 7.B., of the Program Agreement, and upon agreement of both parties, the Director will perform the activities identified in the attached “Retained Services Addendum” (RSA), if any. The funds identified in the RSA shall be retained by the Director. Any funds retained under this RSA that are not expended by the Director as of September 1st of the respective funding year shall be obligated to the Tribe’s Program Agreement prior to September 30th of that funding year. Section 9. Fiscal Year 2024 Referenced Funding Agreement. The Parties shall commence negotiation of a successor RFA at the beginning of Fiscal Year 2024, with the intention that the FY2024 RFA be made available for use as soon as possible after October 1, 2023. Page 3 of 4 FY23 STRA-21 RFA Public Packet 52 of 261 Oneida Nation By Date Tehassi Hill. Chairman United States Department of Interior Bureau of Indian Affairs By Johnna Blackhair Acting Deputy Bureau Director Office of Indian Services Date Page 4 of 4 FY23 STRA-21 RFA Public Packet 53 of 261 FY2023 REFERENCED FUNDING AGREEMENT Pursuant to Oneida Nation’s Tribal Transportation Program Agreement (A22AV01063) With the Bureau of Indian Affairs Section 1. Authority. This Referenced Funding Agreement (RFA) is entered into by the Director, Bureau of Indian Affairs (BIA), on behalf of the Secretary of the Interior, and by the Oneida Nation (Tribe) and together with the BIA (collectively “the Parties”), pursuant to the Tribal Transportation Program Agreement (Program Agreement) between the Parties for comprehensive transportation planning, research, design, engineering, construction, maintenance of highway, road, bridge, parkway, or transit facility programs or projects that are located on, or which provide access to, the Oneida Nation along with related program administration activities and associated transportation services authorized by the Tribal Transportation Program (TTP), 23 U.S.C. §§ 201-202, as amended by the Surface Transportation Reauthorization Act of 2021 (STRA-21), Div. A of Pub. L. 117-58 (November 15, 2021), also colloquially known as the “Bipartisan Infrastructure Law,” or “BIL,” 25 C.F.R. Part 170 and 23 C.F.R. Part 661 (together, the “TTP Regulations”), and in accordance with the Indian Self-Determination and Education Assistance Act (ISDEAA), Pub. L. 93-638, as amended, 25 U.S.C. § 5301 et seq., including for purposes of Federal Tort Claims Act coverage, and by resolution of the Tribe’s governing body. Section 2. Effective Date. This RFA is effective upon its approval and execution by authorized representatives of the Tribe and BIA, except that if the Program Agreement is not yet in effect, then this RFA shall become effective upon approval of the Program Agreement by authorized representatives of the Tribe and BIA. Section 3. Purpose. The purpose of this RFA is to identify the source and amounts of funds for Fiscal Year 2023 made available to the Tribe under the Program Agreement, the time and method of payment, and such other provisions as the Parties agree in writing, if any, as provided below. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 1 of 4 FY23 STRA-21 RFA Public Packet 54 of 261 Section 4. Summary of Funds. The total amount and sources of funding provided under this RFA are as follows: Prior Year Funds (If Applicable) IRR Program Funds TTP Funds FAST ACT TTP Transportation Planning Funds (2%) FAST ACT TTP Funds STRA-21 TTP Transportation Planning Funds (2%) STRA-21 Highway Infrastructure Program Funds TTP Safety Funds Tribal Transportation Facility Bridge Program Funds Other Prior Year Funds Total Prior Year Funding $ - FY 2023 Tribal Transportation Program Funds and Other FHWA Funds TTP Funds TTP Transportation Planning Funds (2%) TTP Safety Funds TTP HPP Tribal Transportation Facility Bridge Program Funds Other Federal Lands Highway Program Funds Funds Transferred under Intergovernmental Fund Transfer Agreement Other Funds as described in Attached Agreement Funds Retained under Retained Services Addendum (RSA) Total FY 2023 Funding $ $ 1,405,585.00 32,137.00 $ 1,437,722.00 Total Amount for this RFA $ 1,437,722.00 Page 2 of 4 FY23 STRA-21 RFA Public Packet 55 of 261 Section 5. Use and Administration of Highway Infrastructure Programs Funds. Funds identified as “Highway Infrastructure Programs” funds under this RFA are made available pursuant to Title IV, Division M of the “Coronavirus Response and Relief Supplemental Appropriations Act,” Pub. L. 116-260 (Dec. 21, 2020) (“HIP-CRRSAA Funds”), for activities eligible under the TTP, as described in 23 U.S.C. § 202, and shall be administered by the Tribe in accordance with the Program Agreement, subject to the following: a) HIP-CRRSAA Funds may be used without limitation to pay for costs related to preventive maintenance, routine maintenance, operations, personnel, including salaries of employees (including those employees who have been placed on administrative leave) or contractors, debt service payments, availability payments, and coverage for other revenue losses, provided that all such costs must be related to highway surface transportation. b) An approved Long-Range Transportation Plan (“LRTP”) or Transportation Improvement Program (“TIP”), 23 U.S.C. §§ 134 and 135, is not required before the Tribe may expend HIP-CRRSAA funds for costs related to preventive maintenance, routine maintenance, operations, personnel, including salaries of employees (including those employees who have been placed on administrative leave), or contractors, debt service payments, availability payments and coverage for other revenue losses. An approved LRTP and TIP is required before HIPCRRSAA Funds may be expended on any other TTP-eligible activities. c) The Tribe shall separately track expenditures for all HIP-CRRSAA Funds and report on such expenditures in accordance with Article III, Section 7 of the Program Agreement. Section 6. Time and Method of Payment. Subject to the availability of funds, and the execution of this RFA by both Parties, the Director shall provide to the Tribe or its designee the funds identified in Section 4 of this RFA in a single advance payment within thirty (30) calendar days. This transfer shall be made electronically. The final amounts available in the fiscal year are subject to the determination of the Tribe’s share and other funds described under Article II, Section 2.A of the Program Agreement. Section 7. Amendments. Except as otherwise provided by the Program Agreement, any modification of this RFA shall be in the form of a written amendment and shall require the signatures of the authorized representatives of the Tribe and the Director. Section 8. Retained Services. In accordance with Article IV, Section 7.B., of the Program Agreement, and upon agreement of both parties, the Director will perform the activities identified in the attached “Retained Services Addendum” (RSA), if any. The funds identified in the RSA shall be retained by the Director. Any funds retained under this RSA that are not expended by the Director as of September 1st of the respective funding year shall be obligated to the Tribe’s Program Agreement prior to September 30th of that funding year. Section 9. Fiscal Year 2024 Referenced Funding Agreement. The Parties shall commence negotiation of a successor RFA at the beginning of Fiscal Year 2024, with the intention that the FY2024 RFA be made available for use as soon as possible after October 1, 2023. Page 3 of 4 FY23 STRA-21 RFA Public Packet 56 of 261 Oneida Nation By Date Tehassi Hill. Chairman United States Department of Interior Bureau of Indian Affairs By Johnna Blackhair Acting Deputy Bureau Director Office of Indian Services Date Page 4 of 4 FY23 STRA-21 RFA Public Packet 57 of 261 Name of Tribe Current Year Annual Transportation Allocation ONEIDA NATION $ 1,437,722 Tribal Transportation Improvement Plan Priority 1 BIA Route # 1040 Section 10 Project Length 0.7 Year of Constr 2021 All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Road Name Location (Start and End Points) Description of Work Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Construction Engineering Estimated Cost Who/How Work Done Other Total Estimated Cost Estimated Cost Smit Farm (Peter Hill Lane/Bread Creek Village) $ 30,000 Tribe $ 376,000 Tribe $ 1,500 Tribe $ 407,500 extend community roads, new bituminous surface 2 1048 10 0.1 2021 Maple Leaf west (Cattails Marsh Neighborhood) Road construction $ 24,000 Tribe $ 400,000 Tribe $ 5,000 Tribe $ 429,000 3 1043 10 0.1 2021 Manders Court (Metoxen Land / Uskah Village) Road construction $ 10,000 Tribe $ 40,000 Tribe $ 5,000 Tribe $ 55,000 4 NA NA NA 2021 Oneida - Pedestrian Trail Infrastructure Project $ 10,000 Tribe $ 90,000 Tribe $ 100,000 NA NA NA NA TTP Road Maintenance $ 350,000 $ 350,000 TTP Transportation Planning (LRTP & Inventory work) $ 96,222 $ 96,222 $ 1,437,722 (TTP Construction Funds for TTP Road Maintenance) NA NA NA NA (TTP Construction Funds for TTP Transportation Planning) FY23 Totals Public Packet Priority BIA Route # 58 of 261 Section Project Length Year of Constr All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Road Name Location (Start and End Points) Description of Work Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Construction Engineering Estimated Cost Who/How Work Done Other Total Estimated Cost Estimated Cost 1 1048 10 0.1 2022 Maple Leaf west (Cattails Marsh Neighborhood) Road construction $ 100,000 Tribe $ 750,000 2 1043 10 0.1 2022 Manders Court (Metoxen Land / Uskah Village) Road construction $ 100,000 Tribe $ 204,000 3 NA NA NA 2022 Oneida - Pedestrian Trail Infrastructure Project NA NA NA NA TTP Road Maintenance $ TTP Transportation Planning (LRTP & Inventory work) $ Tribe $ 25,000 $ 850,000 $ 329,000 $ - 208,000 $ 208,000 50,722 $ 50,722 $ 1,437,722 Tribe (TTP Construction Funds for TTP Road Maintenance) NA NA NA NA (TTP Construction Funds for TTP Transportation Planning) FY24 Total Public Packet Priority 1 BIA Route # 1307 59 of 261 Section 20 Project Length 0.22 Road Name Year of Constr 2023 All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Location (Start and End Points) Description of Work Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Construction Engineering Estimated Cost Who/How Work Done Minoka Hill Drive $ 30,000 Tribe $ 200,000 Tribe $ 10,000 Tribe Seminary Road (Ranch to CTH E) $ 5,000 Tribe $ 268,700 Tribe $ 5,000 Tribe Other Total Estimated Cost Estimated Cost #NAME? mill & overlay 2 5022 810 1.2 2023 $ 278,700 $ - Road construction 3 1048 10 0.1 2023 Maple Leaf west (Cattails Marsh Neighborhood) Road construction 4 1043 10 0.1 2023 Manders Court (Metoxen Land / Uskah Village) Road construction $ 5,000 Tribe $ 290,300 Tribe $ 5,000 Tribe $ 300,300 5 1029 10 0.3 2023 Sand Hill Court mill & overlay $ 15,000 Tribe $ 200,000 Tribe $ 15,000 Tribe $ 230,000 NA NA NA NA TTP Road Maintenance $ 306,000 $ 306,000 TTP Transportation Planning (LRTP & Inventory work) $ 82,722 $ 82,722 (TTP Construction Funds for TTP Road Maintenance) NA NA NA NA (TTP Construction Funds for TTP Transportation Planning) FY25 Total #NAME? Public Packet Priority BIA Route # 1 5022 60 of 261 Section 810 Project Length 1.2 Year of Constr 2024 All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Road Name Location (Start and End Points) Description of Work Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Seminary Road (Ranch to CTH E) $ 50,000 Tribe $ 844,000 Tribe Oneida - Pedestrian Trail Infrastructure Project $ 30,000 Tribe $ 300,000 Tribe Construction Engineering Estimated Cost $ 50,000 Who/How Work Done Other Total Estimated Cost Estimated Cost Tribe $ 944,000 $ 330,000 Road construction 2 NA NA NA 2024 NA NA NA NA TTP Road Maintenance $ 81,000 $ 81,000 TTP Transportation Planning (LRTP & Inventory work) $ 82,722 $ 82,722 $ 1,437,722 (TTP Construction Funds for TTP Road Maintenance) NA NA NA NA (TTP Construction Funds for TTP Transportation Planning) FY26 Totals Project Information: Who/How Work Done: Possible Choices BIA Route # List all routes that will be worked on. Section List only those sections that will be worked on along with corresponding length Location List start and end points of where work will be performed (road names, rivers, end, etc.) Description of Work List as much detail as you can including existing road type and work to be performed Estimated Cost: Provide dollar amounts that you estimate will be required for each project/phase utilizing new funds from that year only. Prior year money obligated to contract should not be listed here. BIA BIA will perform direct service (DS) work for the Tribe as outlined in a Retained Service Agreement (RSA) as approved/signed by the Tribe and BIA. (Self Determination, G2G, and Self Gov Tribes can all elect to receive these services) 638 Self Determination Tribe will enter into a P638 contract with the BIA and either perform work with in-house staff or subcontract work out to consultant/contractor. Coop Tribe can receive funding through a P638 contract, G2G, or Self Gov Agreement. Tribe will then enter into a 2-party (Coop) agreement with County, State, Township etc. who will usually serve as the lead agency for the project. Tribe Tribe administers program/project through a Self Governance or G2G Agreement. Public Packet 61 of 261 Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Adoption of the FY-2023-2026 Oneida Nation Tribal Transportation Improvement Plan (TTIP) And Tribal Transportation Program Agreement (TTP/G2G) Including Corresponding Referenced Funding Agreements (RFA) WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, adequate transportation infrastructure is integral to service local and community needs; and WHEREAS, the Oneida Business Committee agrees with the needs and priorities presented in the 2023-2026 Oneida Nation Tribal Transportation Improvement Plan; and WHEREAS, the Bureau of Indian Affairs and the Oneida Nation desire to continue the Government-toGovernment Agreement and associated Reference Funding Agreements to prove the Tribal Transportation related funding; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee approves the Government-toGovernment Agreement and associated Referenced Funding Agreements (RFA’s) for Tribal Transportation funding for Fiscal Year 2023 and future years until this approval is rescinded. NOW THEREFORE BE IT FINALLY RESOLVED, that the Oneida Business Committee adopts the 20232026 Oneida Nation Tribal Transportation Improvement Plan for the projects listed in the attached CSTIP forms that were developed between the Oneida Nation and the BIA for Tribal Shares funding along the corresponding 2023 TTP Retained services agreement (RSA). Public Packet 62 of 261 Adopt resolution entitled Fireworks Display for the 200 Year Bicentennial %XVLQHVV&RPPLWWHH$JHQGD5HTXHVW    0HHWLQJ'DWH5HTXHVWHG    6HVVLRQ   ‫ ܈‬2SHQ ‫[( ܆‬HFXWLYH±PXVWTXDOLI\XQGHU†  -XVWLILFDWLRQChoose or type justification.    5HTXHVWHG0RWLRQ ‫܆‬$FFHSWDVLQIRUPDWLRQ25 Enter the requested motion related to this item.    $UHDVSRWHQWLDOO\LPSDFWHGRUDIIHFWHGE\WKLVUHTXHVW ‫)܆‬LQDQFH ‫܆‬/DZ2IILFH ‫*܆‬DPLQJ5HWDLO ‫܈‬2WKHU Sent: Thursday, April 13, 2023 2:52 PM To: Secretary ; Tehassi Tasi Hill ; Brandon L. Yellowbird-Stevens ; Cristina S. Danforth ; Lisa A. Liggins ; Daniel P. Guzman ; David P. Jordan ; Kirby W. Metoxen ; Ethel M. Cornelius ; Jennifer A. Webster Cc: Danelle A. Wilson ; Rhiannon R. Metoxen ; Kristal E. Hill Subject: E-POLL REQUEST: Adopt resolution entitled Approval of Use of Economic Development, Diversification and Community Development Funds for a Payment of $49,900 for a Third-Party Review of a Feasibility Study in Accordance with BC Resolution # 03-11-20-C E-POLL REQUEST Summary: The request to use the Economic Development, Diversification, and Community Development Fund (EDDCD Fund) to use $49,900 as payment for a third-party review of the casino’s feasibility study. Justification for E-Poll: Payment is needed for the third-party vendor to conduct the assessment and the payment is needed before the next Business Committee meeting. Public Packet Requested Action: Adopt resolution entitled Approval of Use of Economic Development, Diversification and Community Development Funds for a Payment of $49,900 for a Third-Party Review of a Feasibility Study in Accordance with BC Resolution # 03-11-20-C Deadline for response: Responses are due no later than 4:30 p.m., Friday, April 14, 2023. Voting: 1. Use the voting button above, if available; OR 2. Reply with “Support” or “Oppose”. Aliskwet Ellis Senior Information Management Specialist Government Administrative Office O: 920.869.4408 • E: cellis1@oneidanation.org P.O. Box 365 • Oneida, WI • 54155 A good mind. A good heart. A strong fire. CONFIDENTIALITY NOTICE: This message and any included attachments are intended only for the addressee. This message may contain privileged, confidential, or proprietary information. Unauthorized forwarding, printing, copying, distribution, or use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please inform us promptly by reply e-mail, then delete the e-mail and destroy any printed copy. 70 of 261 Public Packet 71 of 261 Business Committee Agenda Request 1. Meeting Date Requested: 4/13/23 2. Session: ‫ ܆‬Open ‫ ܆‬Executive – must qualify under §107.4-1. Justification: Choose or type justification. Other - Resolution  Requested Motion: ‫ ܆‬Accept as information; OR(QWHUWKHUHTXHVWHGPRWLRQUHODWHGWRWKLVLWHP Approve or Deny the request for $49,900 from EDDCD funds for Casino Feasibility Review  Areas potentially impacted or affected by this request: ‫ ܆‬Finance ‫ ܆‬Law Office ‫ ܆‬Gaming/Retail ‫ ܆‬Other: ‫ ܆‬Programs/Services ‫ ܆‬MIS ‫ ܆‬Boards, Committees, or Commissions 5. Additional attendees needed for this request: 1DPH7LWOH(QWLW\25&KRRVHIURP/LVW Louise Cornelius, Gaming General Manager Justin Nishimoto, Business Analyst Rae Skenandore, Budget Analyst Chad Fuss, Gaming Assistant - Chief Financial Officer Revised: 11/15/2021 Page 1 of 2 Public Packet 72 of 261  Supporting Documents: ‫ ܆‬Bylaws ‫ ܆‬Contract Document(s) ‫ ܆‬Correspondence ‫ ܆‬Draft GTC Notice ‫ ܆‬Draft GTC Packet ‫ ܆‬E-poll results/back-up ‫ ܆‬Other: ‫ ܆‬Fiscal Impact Statement ‫ ܆‬Law ‫ ܆‬Legal Review ‫ ܆‬Minutes ‫ ܆‬MOU/MOA ‫ ܆‬Petition ‫ ܆‬Presentation ‫ ܆‬Report ‫ ܆‬Resolution ‫ ܆‬Rule (adoption packet) ‫ ܆‬Statement of Effect ‫ ܆‬Travel Documents  Budget Information: ‫ ܆‬Budgeted – Tribal Contribution ‫ ܆‬Unbudgeted ‫ ܆‬Other: ‫ ܆‬Budgeted – Grant Funded ‫ ܆‬Not Applicable  Submission: Nishimoto, Analyst Name, Title/EntityBusiness OR Choose from Authorized Sponsor: Justin Primary Requestor:  Revised: 11/15/2021 Page 2 of 2 Public Packet 73 of 261 MEMO To: Oneida Business Committee From: Economic Development Diversity and Community Development Team Date: April 12, 2023 Re: Payment for a third-party review of a feasibility study for Oneida Casino Background The Oneida Casino has completed a feasibility study for economic development and was put in motion in General Tribal Council on January 20th, 2020, under BC Resolution #03-11-20-C, to do a third-party review of the feasibility study. The Oneida Casino is requesting $49,900 to have the review to be done. The Oneida Casino has completed a request for proposal, scored the RFP, and has both legal and purchasing approval for the contract and vendor. Current Request On April 6th, 2023, the Oneida Casino applied to the Economic Development, Diversification, and Community Development team to review the request for payment of $49,900 for a thirdparty review of a feasibility study. Findings after review The request supplied the RFP scoring sheets, proposal winner (FSA Advisors, LLC), and the BC Resolution #03-11-20-C, for the EDDCD review team. The Guiding Documents utilized to determine the use of the EDDCD funds include the Broad Goals, Comprehensive Plan Elements, and Economic Development plan which have the following community related items: Public Packet ¾ Revenue Generation- We want to gain financial security by leveraging our assets and strengths, such as agriculture, tourism, entertainment, and the ability to create our own corporate and tax laws to provide financial independence from Gaming and from the federal government to provide a strong economy where the Nation and community members can succeed and have individual independence and self-reliance. ¾ Economic Development-Support sound economic activities. ¾ Visitor Attraction-Elevate the role of the Oneida Reservation as a visitor destination with events, conferences, and new tourist attractions. In Closing The requested $49,900 from the EDDCD fund for Oneida Casino is an appropriated use of the funding. 74 of 261 Public Packet 75 of 261 Oneida Nation Post Office Box 365 Phone: (920)869--2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Oneida, WI 54155 BC Resolution # Leave this line blank Approval of Use of Economic Development, Diversification and Community Development Funds for a Payment of $49,900 for a Third-Party Review of a Feasibility Study in Accordance with BC Resolution #03-11-20-C WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Economic Development, Diversification and Community Development Fund was created by resolutions # BC-09-28-16-B, BC-07-12-17-A, and BC-01-23-19-D and the procedures for use of the fund set forth in resolution # BC-12-12-18-B, BC-01-23-19- C, and BC-05-26-21-B, Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended; and WHEREAS, the Oneida Casino is requesting $49,900 payment to do a third party review on a feasibility study as directed in BC Resolution #03-11-20-C Interpretation of the General Tribal Council January 20, 2020 Economic Development and Fiscal Strategy Motion and Setting Implementation Procedures; and WHEREAS, utilizing the Economic Development, Diversification, and Community Development Fund to fund $49,900 for payment for the third-party assessment is aligned with Oneida Business Committee Broad Goals, the approved Comprehensive Plan Elements related to economic development, and the approved Economic Development Plan. NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does approve the allocation of $49,900 from the Economic Development, Diversification and Community Development Funds for the purpose of ED 23-002 payment to the Oneida Casino for a third-party review of a feasibility study. BE IT FUTHER RESOLVED, the $49,900 as payment is not intended to be used for any other expenses and any unspent funds from the $49,900 will be returned to the Economic Development, Diversification, and Community Development Fund. BE IT FINALLY RESOLVED, any expenses over the $49,900 payment will be the responsibility of the Oneida Casino and responsible employees identified as General Manager, Louise Cornelius, and Chief Financial Officer, Chad Fuss. Public Packet 76 of 261 Economic Development, Diversification, and Community Development Fund (EDDCD) Request Name: Chad Fuss     Date Requested: 4/6/23 Department: Gaming- Accounting Please ^ĞůĞĐƚ ‫ ܈‬use for the funds: ■ ‫܆‬Social Wellness ‫܆‬Housing ‫܆‬Community Design ‫܆‬Transportation, Facilities & Utilities ‫܆‬Economic Development ‫܆‬Natural Resources ‫܆‬Public Safety ‫܆‬Land Use ‫܆‬Parks and Recreation ‫ ܆‬Agriculture Detailed Description (Please attach any supporting documents to form and dollar amounts needed): In1.accordance with BC Resolution # 03-11-20-C, Gaming is seeking to utilize up to $49,900 for a third party review of a feasibility study that was completed. A team consisting of Gaming employees, Engineering, Legal and Finance Office reviewed proposals and would like to move forward with the most responsible bidder, The Request for Proposals was not based on pricing but on a comprehensive score. Attached you will find BC Resolution # 03-11-20-C, the scoring of the three potential partners and the proposal of the winning proposal. *For more information please refer to the 2014 Comprehensive Plan, Land Use Plan, Neighborhood Development Plan, Live, Sustain, Grow Plan, and the Economic Development Plan. Does this project already exist or have been approved for CIP? No If “YES” please indicate the CIP or project number: Responsible employee for authorizing expenditures: Public Packet 77 of 261 Oneida Nation Post Office Box 365        Phone: (920)869-2214 Oneida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± ³³7KDW DQ\ HFRQRPLF GHYHORSPHQWRUILQDQFLDOVWUDWHJ\EHUHYLHZHGDQGYHWWHGE\DQLQGHSHQGHQWUGSDUW\IRU DSSURSULDWH GXH GLOLJHQFH 7KDW WKH VWUDWHJ\ LQFOXGH DQ\ DQG DOO SHUWLQHQW DVVXPSWLRQV 7KDWWKHVWUDWHJ\EHSUHVHQWHGWR*7&IRUUHYLHZDQGDSSURYDODQG7KDWWKHLQGHSHQGHQW UGSDUW\EHSUHVHQWDWWKH*7&PHHWLQJWRDQVZHUDQ\TXHVWLRQV´DQG  :+(5($6 WKH2QHLGD%XVLQHVV&RPPLWWHHKDVGHWHUPLQHGWKDWLPSOHPHQWDWLRQRIWKLVGLUHFWLYHRI WKH *HQHUDO 7ULEDO &RXQFLO UHTXLUHV VWDQGDUG SURFHVVHV ZKLFK VKRXOG EH VHW IRUWK E\ UHVROXWLRQIRUFRQVLVWHQWDSSOLFDWLRQDQG  12: 7+(5()25( %( ,7 5(62/9(' WKDW WKH 2QHLGD %XVLQHVV &RPPLWWHH GLUHFWV WKDW HFRQRPLF GHYHORSPHQWDQGILQDQFLDOVWUDWHJLHVVKDOOEHJXLGHGDQGSURFHVVHGDVVHWIRUWKLQWKLVUHVROXWLRQDQGDV GHILQHGEHORZ x (FRQRPLF GHYHORSPHQW PHDQV DQ\ QHZ EXVLQHVV GHYHORSPHQW RU H[SDQVLRQ PHUJHU DQGRU DFTXLVLWLRQZKLFKUHVXOWVLQDQHZSURILWUHYHQXHVRXUFHIRUWKH1DWLRQ x )LQDQFLDOVWUDWHJ\PHDQVDSODQIRUWKHGHYHORSPHQWRIFDSLWDOIRUSURILWJHQHUDWLRQ  %(,7)857+(55(62/9('WKDWWKHIROORZLQJSHUVRQQHODUHGHILQHGLQWKLVUHVROXWLRQ Public Packet 78 of 261 %&5HVROXWLRQ& ,QWHUSUHWDWLRQRI*HQHUDO7ULEDO&RXQFLO-DQXDU\(FRQRPLF'HYHORSPHQWDQG)LVFDO6WUDWHJ\0RWLRQDQG6HWWLQJ ,PSOHPHQWDWLRQ3URFHGXUHV 3DJHRI  x x x 2ZQHU PHDQV WKH GLUHFW UHSRUW WR WKH 2QHLGD %XVLQHVV &RPPLWWHH IRU H[DPSOH WKH *HQHUDO 0DQDJHU*DPLQJ*HQHUDO0DQDJHUHWF &KLHI)LQDQFLDO2IILFHUPHDQVWKHLQGLYLGXDOKLUHGLQWKDWSRVLWLRQZKLFKUHVSRQVLELOLWLHVVKDOOQRW EHGHOHJDWHG 3URMHFW 0DQDJHU PHDQV WKH HPSOR\HH DVVLJQHG WR PDQDJH D SURMHFW IURP WKH &RPPXQLW\ DQG (FRQRPLF'HYHORSPHQW'LYLVLRQ  %(,7)857+(55(62/9('DVGLUHFWHGE\WKH*HQHUDO7ULEDO&RXQFLODQ\DFWLYLW\ILWWLQJZLWKLQHLWKHU GHILQLWLRQDERYHVKDOOIROORZWKHSURFHGXUHVVHWRXWLQWKLV5HVROYH   $IWHU ILQDOL]DWLRQ RI WKH HFRQRPLF GHYHORSPHQW RU ILQDQFLDO VWUDWHJ\ WKH RZQHU RI WKH HFRQRPLF GHYHORSPHQWRUILQDQFLDOVWUDWHJ\VKDOOQRWLI\WKH7UHDVXUHUDQG7ULEDO6HFUHWDU\RIWKHLQWHQWWR LGHQWLI\DWHDPWRFRQGXFWWKHWKLUGSDUW\UHYLHZ  7KHWHDPVKDOOFRQVLVWRIWKHRZQHUWKHSURMHFWPDQDJHUDQGWKH&KLHI)LQDQFLDO2IILFHU  7KHWHDPVKDOOSRVWDUHTXHVWIRUELGVRUSURSRVDOVWRFRQGXFWDWKLUGSDUW\DQDO\VLVRIWKHHFRQRPLF GHYHORSPHQW RU ILQDQFLDO VWUDWHJ\ ZLWK D UHTXLUHPHQW WR SURYLGH D UHFRPPHQGDWLRQ DQG WR EH DYDLODEOHWRSUHVHQWDWD*HQHUDO7ULEDO&RXQFLOPHHWLQJ  7KHWKLUGSDUW\YHQGRUVKDOOFRQGXFWDQGSUHVHQWWKHUHYLHZDQGUHFRPPHQGDWLRQ  7KHRZQHUVKDOOSURYLGHWKHHFRQRPLFGHYHORSPHQWRUILQDQFLDOVWUDWHJ\WKHUHTXHVWIRUELGVRU SURSRVDOVDOLVWRIVXEPLWWLQJYHQGRUVWKHWKLUGSDUW\DQDO\VLVDQGDQ\FKDQJHVPDGHDVDUHVXOW RIWKHWKLUGSDUW\DQDO\VLVWRWKH7UHDVXUHUDQG7ULEDO6HFUHWDU\ZLWKDUHTXHVWWREHSODFHGRQD *HQHUDO7ULEDO&RXQFLODJHQGD  %(,7)857+(55(62/9('WKH&RPPXQLW\DQG(FRQRPLF'HYHORSPHQW'LYLVLRQ'LUHFWRUVKDOOGHYHORS VWDQGDUG RSHUDWLQJ SURFHGXUHV ZKLFK VHWV IRUWK PRUH GHWDLOHG WLPHOLQHV DQG SURFHVV WR JXLGH WKH SURFHGXUHVVHWRXWLQWKHDERYH5HVROYH  %(,7),1$// Sent: Wednesday, April 12, 2023 8:45 AM To: Leslie A. Doxtater Subject: RE: TC Savings Projects Sakoli Leslie‐ Looks good. I have attached the BC Agenda Request form and the instructions for how to complete. This is on the website under Government BC. You can submit to the next available BC agenda. From: Leslie A. Doxtater Sent: Tuesday, April 11, 2023 4:08 PM To: Ralinda R. Ninham‐Lamberies Subject: RE: TC Savings Projects Sheku Ralinda, Attached is the resolution for your review as requested. Please provide feedback as this is my first time submitting a resolution for approval. I appreciate you Ralinda. Sent: Tuesday, March 14, 2023 2:31 PM 1 Public Packet 135 of 261 To: Leslie A. Doxtater Cc: Mark W. Powless ‐ General Mgr Subject: TC Savings Projects Sakoli‐ The Oneida Business Committee has approved the following projects to be funded with TC Savings TAP Community Events $66,000 I have attached the TC Savings Project resolution template. Please complete the template and submit to the next available BC agenda as timing allows. Please be aware that the lion’s share of TC Savings dollars have been obligated and the portal will soon be closed. Please submit your agenda requests to officially obligate the funds and ensure you do not lose out on the opportunity. Yaw^ko RaLinda 2 Public Packet 136 of 261 Adopt resolution entitled Obligation for Skenandoah Front Lobby Renovation Utilizing Tribal Contribution.. Public Packet 137 of 261 Public Packet From: To: Subject: Date: Attachments: 138 of 261 Lisa A. Liggins BC_Agenda_Requests FW: TC Savings Project Friday, April 21, 2023 11:10:17 AM Tribal-Contribution-Savings Template.docx Aliskwet – For the BC meeting packet, generally there is confirmation that the proposed TC Savings Project was approved by the BC Work Session and I don’t want there to be an question for the meeting materials. Please accept this email as confirmation, in addition to RaLinda’s email below, that the BC discussed the HRD Remodel TC Savings Project at the 4/18 BC Work Session and supported the project being funded. There are some barriers identified because the request was: submitted before the portal was closed, and a technological issue prevented it from being considered before the portal was closed by BC resolution # 03-22-23-F The solution identified was for an amendment be made to BC resolution # 03-22-23-F to add a “Group 3” and the portal remains closed. Chief Counsel has submitted the identified resolution and it will need to be considered by the BC before the resolution to obligate TC Savings for the HRD Remodel Project. Thank you! Lisa Liggins Secretary Oneida Business Committee From: Ralinda R. Ninham-Lamberies Sent: Tuesday, April 18, 2023 4:14 PM To: Todd A. Vanden Heuvel Cc: Jean C. Vandyke ; Jennifer J. Schabow ; Lisa A. Liggins ; Jo A. House ; Keith A. Doxtator ; David P. Jordan ; Kirby W. Metoxen ; Ethel M. Cornelius ; Brandon L. Yellowbird-Stevens ; Tehassi Tasi Hill ; Jennifer A. Webster ; Craig A. Clausen ; Daniel P. Guzman ; Paul J. Witek Subject: TC Savings Project Sakoli- Public Packet 139 of 261 Attached is the BC Resolution to allocate TC Savings funds for your project. As your project is a CIP, I don’t believe the project would run through your business unit. I believe it would go through Engineering and they would be the project sponsor. Alternately, it could run through the Bldg Mtce Set Aside if it can be completed by the end of the year and Craig Clausen would be the sponsor. The PRT 888 shouldn’t be needed in HRD’s business unit. If that is an incorrect statement, my manager’s will correct me. Yaw^ko Public Packet 140 of 261 Public Packet 141 of 261 Public Packet 142 of 261 Public Packet 143 of 261 Public Packet 144 of 261 Public Packet 145 of 261 Public Packet 146 of 261 Public Packet 147 of 261 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Oneida, WI 54155 BC Resolution # Obligation for Skenandoah Front Lobby Renovation Utilizing Tribal Contribution Savings WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation has received Fiscal Recovery Funds (FRF) through the American Rescue Plan Act of 2021 (ARPA) funds to address matters arising out of the COVID-19 pandemic; and WHEREAS, the Oneida Business Committee has approved application of ARPA FRF through the revenue loss formula set forth in 31 CFR 35.6(d)(2) which applied these federal funds throughout the Nation’s budget to governmental programs business units beginning with “42#####”; and WHEREAS, the savings from the application of these funds has resulted in tribal funds being placed in the line “Tribal Contribution Savings” in the Investment Report presented in the Treasurer’s Report; and WHEREAS, the Oneida Business Committee has determined that Tribal Contribution Savings funds should be used as set out in resolution # BC-06-09-21-B, as amended by resolution # BC06-23-21-C which designates percentage allocations to eight categories (percentages rounded) – • Direct Membership Assistance, 45% of funds; • Housing, 17% of funds; • Food and Agriculture, 12% of funds; • Education, 6% of funds; • Culture and Language, 10% of funds; • Revenue Generations, 2% of funds; • Government Roles and Responsibilities, 3% of funds; • Overall Priority – Land, Infrastructure, Sovereignty, 5% of funds; and WHEREAS, the Skenandoah Front Lobby Renovation will ensure effective safety measures are put in place to protect the health and welfare of the employees located within the Skenandoah complex; and WHEREAS, the Project Owner for the proposed project is requesting $250,000 obligated from the Tribal Contribution Savings Overall Priority – Land, Infrastructure, Sovereignty; and WHEREAS, this project will be concluded by February 2025; and Public Packet 148 of 261 BC Resolution # Obligation for Skenandoah Front Lobby Renovation Utilizing Tribal Contribution Savings Page 2 of 2 46 47 48 49 50 51 WHEREAS, the Oneida Business Committee has reviewed the proposed project; and NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee approves the obligation of funds for the Skenandoah Front Lobby Renovation in the amount of $250,000 from Tribal Contribution Savings, Overall Priority – Land, Infrastructure, Sovereignty; with Todd VanDen Heuvel, Executive HR Director assigned as the Project Owner. Public Packet 149 of 261 Approve the travel request in accordance with § 219.16-1 - Oneida Gaming Commission - sixteen (16)... Business Committee Agenda Request 1. Meeting Date Requested: 04/26/23 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Requesting OBC approval for a Travel Request for tentatively 16 people to attend the 2023 WGRA Summer Conference at the Ho-Chunk Gaming Wisconsin Dells Casino and Resort in Baraboo, WI June 21-23, 2023. 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☒ Gaming/Retail ☐ Other: Describe ☐ Programs/Services ☐ MIS ☒ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 150 of 261 6. Supporting Documents: ☐ Bylaws ☐ Fiscal Impact Statement ☐ Contract Document(s) ☐ Law ☒ Correspondence ☐ Legal Review ☐ Draft GTC Notice ☐ Minutes ☐ Draft GTC Packet ☐ MOU/MOA ☐ E-poll results/back-up ☐ Petition ☒ Other: Draft Agenda for WGRA ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☒ Travel Documents 7. Budget Information: ☒ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☐ Not Applicable 8. Submission: Authorized Sponsor: Mark A. Powless SR, OGC Chairman Primary Requestor: Ashley M. Blaker, Administrative Assistant Revised: 11/15/2021 Page 2 of 2 Public Packet 151 of 261 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The eleven (11) Tribes in WI, along with the State get together to discuss issues that pertain to gaming, licensing and investigations, compliance, audits, surveillance, or things going on in the gaming industry specific to Indian Country. They are in State and it allows us to save money. These conferences are very beneficial as it allows us to work together on things that may impact all 11 Tribes. It also allows us to network with each other. WGRA attendance is included in the approved FY-23 Budget. We are seeking approval due to the number of attendees we would like to send. The Gaming Commission is respectfully requesting for sixteen (16) employees to attend. It is our intention to utilize Tribal vehicle/s for this request. OGC- 4 ED- 1 OGC- Compliance- 3 OGC- Investigations & Licensing- 3 OGC- Surveillance- 5 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet 152 of 261 Public Packet 9  153 of 261 012345ÿ157301ÿ 78592 ÿ5 7 08357301ÿ82 27ÿ ÿ7ÿ3ÿ ÿ!"ÿ#$%&$ÿ Mark A. 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Danforth '()*+ÿ-*.(ÿ*/ÿ01ÿ*22(*3/ÿ4-ÿ53*6(+(3/ÿ7306(38/ÿ'09(-/(ÿ43ÿ:1*1(ÿ;7?&!@ÿAB$ÿ CDEFGEF!GÿIJKL ®¯°¯±²²³ÿµ¶ÿ·ÿ̧²·¹º»¼½ÿ¾¯¿À¼ÁÿµÀÂò¼ÂÀ¼ÿÄÅÆÆ ÇÈÉÊËÉÊÇÊÌ NEA$GÿMEÿ ÇÈÉÊÌÉÊÇÊÌ C?$EA$ÿMEÿ OA$?!Dÿ!"ÿE$%&ÿ ÍÎÎżÏÀ¼ÁÿκÅÿÊÇÊÌÿµ¾ÐÍÿÑ»¿¿Å°ÿ¹²¼ÒŰżÃÅ PQ$RMÿSTÿUVV!AGEÿÇÇË·ÓÊÔÌÇÇÌ·ÇÇÇ·ÔÇËÇÇÇ·ÇÇÇ 5ÿWÿXYÿ5ZY[ÿ8Yÿÿ\Zÿÿ]^ÿ_Zÿ2`aÿ8Y_XYÿ ÕÿÖ×ØÇÇ O$ÿCFÿ$Eÿ?$ÿM@ÿbcdefghÿ ÿÿiYÿ2Yÿ3ÿ ÿÿO$D!G&ÿUAE!!BF&ÿjF&Rÿ>k?GDDÿ #!E&ÿF&Dÿ jA&EF?&@ÿB@ÿEQÿjF&Rÿ$Eÿ ¨ÿª«¬­ 4YX`ÿ 8ÿ lXÿ 4aYÿ O$ÿCFÿ"!$ÿFGFEF&ÿE$%&ÿMEÿ mnopÿ ÕÿÖ×ØÇÇ Ë O$ÿCFÿ"A&&ÿM@ÿEÿMDEFGEF!Gÿ qnmmÿ ÕÿÖ×ØÇÇ Ë ÕÿÖ×ØÇÇ O$ÿCFÿ"!$ÿ$EA$GÿE$%&ÿrstu mnopÿ Ë vGV&AMMÿ&DÿKwKef jFDV&&G!ADÿk?GDDxÿEkFyÿ ?$zFGRyÿ"DyÿEVnÿ _{|7ÿ}ÿ7ÿ5ZXÿ T!MRFGRÿFGV&AMFGRÿ$!!yÿEkDyÿ"Dyÿ ÕÿËÇÖØÌÖ Ê GMÿQ!E&ÿ?$zFGRÿ UF$"$ÿ TARRRÿ~Dÿ P$ÿNGE&ÿ NRFDE$EF!Gÿ U&&!B&ÿ?$FVÿM€ADEGEÿ _{|7ÿ}ÿ9_ÿiZÿ 7ÿiYÿ2Yÿ ÕÿÇØÇÇ 7ÿ ÕÿÓÓØÊÖ  ÕÿÖ×ØÇÇ  ÕÿÓÓØÊÖ  ÕÿËØÇÇ ÕÿËÓÈØÖÇ  ÕÿÊËÇØÔÇ ÕÿÇØÇÇ ÕÿÇØÇÇ ÕÿÇØÇÇ ÕÿÇØÇÇ ÕÿÖÇÇØÇÇ ÕÿÔËÇØÔÇ  ÕÿÙÖÔØÊÇ  ÿAGM$DEGMÿEQFDÿM%GVÿF&&ÿBÿMMAVEMÿ"$!ÿ@ÿV&Fÿ"!$ÿ$FBA$DGEÿ!"ÿVEA&ÿE$%&ÿk?GDDnÿ ÿ&D!ÿAGM$DEGMÿEQEÿF"ÿEQFDÿM%GVÿFGÿG!EÿV&$MÿFEQFGÿqmÿV&GM$ÿM@Dÿ"E$ÿ@ÿE$%&ÿ$EA$GÿMEyÿ EQÿEF!GÿQDÿEQÿAEQ!$FE@ÿE!ÿFEQQ!&MÿG@ÿM%GVMÿ"AGMDÿ"$!ÿ"AEA$ÿRDnÿÿ ‚_Yÿƒÿ5``Yÿ [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7ab3a49986945239. Public record. Not legal advice.