# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa1439acee1d96c74 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 79 Oneida Business Committee Special Meeting 3:30 PM Tuesday, March 02, 2021 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 BC Support Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. NOTICE Due to the Public Health State of Emergency the OBC meeting is closed to the public. Any person who has comments or questions regarding open session items may submit them to TribalSecretary@oneidanation.org no later than the close of business the day before the OBC meeting. Any comments or questions received shall be noticed to the OBC. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. NEW BUSINESS V. A. Approve the Cooperative Governance Agreement between the Oneida Nation and the City of Green Bay and a limited waiver of sovereign immunity - file # 2021-0035 Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs B. Approve the Law Enforcement Response and Mutual Assistance Agreement between the Oneida Nation and the City of Green Bay and a limited waiver of sovereign immunity - file # 2021-0034 Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 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 Business Committee Support Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Special Meeting Agenda Page 1 of 1 March 02, 2021 Public Packet 2 of 79 Oneida Business Committee Agenda Request Approve the Cooperative Governance Agreement between the Oneida Nation and the City of Green Bay.. 1. Meeting Date Requested: 03 / 02 / 21 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: New Business Accept as Information only Action - please describe: The Oneida Nation and the City of Green Bay Mayor have in full faith negotiated a Cooperative Governance Agreement and Law Enforcement Response & Mutual Assistance Agreement. At the December 15, 2020 Business Committee Work Session, the Business Committee agreed to move these agreements forward with some changes. A review occurred at the January 13, 2021 Business Committee meeting and final draft agreements have been finalized and being presented to the Business Committee for consideration of approval. 3. Supporting Materials Report Resolution Contract Other: 1. Cooperative Governance Agreement 3. IGAC Memorandum to the Business Committee 2. Email and Counteroffer 4. Legal Opinion Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Melinda J. Danforth, IGAC Director of Intergovernmental Affairs Primary Requestor/Submitter: Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 3 of 79 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: See attached memorandum. Requested Action: 1. Approve the Oneida Nation and City of Green Bay Cooperative Governance Agreement and a limited waiver of sovereign immunity. 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 4 of 79 Oneida Nation Intergovernmental Affairs and Communications MEMORANDUM TO: Business Committee FROM: Melinda J. Danforth, IGAC Director DATE: March 2, 2021 SUBJECT: Oneida Nation/Green Bay Cooperative Governance and Mutual Aid Agreement Formally requesting the Business Committee’s consideration of the Oneida Nation/City of Green Bay Cooperative Governance and Mutual Aid Agreements. Background In 2009, the Oneida Nation entered into a service agreement with the City of Green Bay. In that era, the Nation was compensating the City under a “payment in lieu of taxes” philosophy under which the Nation paid the City for services provided to trust properties and received credits for services provided by the Nation. In 2016, and after disingenuous negotiations on the City’s part, the City terminated the agreement. In January 2019, former Green Bay Mayor Jim Schmidt requested a meeting with Nation officials to discuss the possibility of entering into negotiations for a new service agreement. The Nation honored the request and on February 1, 2019 met with Mayor Schmidt along with City Aldermen VanderLeest, Brunette and other staff officials. The Business Committee declined entering into negotiations citing that the Nation desired to complete other negotiations with Brown County and the Village of Ashwaubenon and also citing that Aldermen VanderLeest and Brunette failed to disclose at the February 1st meeting that they both signed a letter from former GB Alderman Sladek indicating that they would protect the City’s right to oppose land into trust. The Business Committee also wanted to wait to see who the next Green Bay Mayor would be, as the mayoral elections were only months away. In a June 11, 2019 letter, the new Mayor, Eric Genrich, formally requested the Nation to meet to discuss consideration to enter into an intergovernmental agreement. On August 22, 2019 the Business Committee and the Mayor along with the Nation’s respective top staff met. The PO Box 365 • Oneida, WI 54155-0365 oneida-nsn.gov Public Packet Nation and the City presented their vision and goals of a cooperative governance agreement. 1 The Mayor first issued an apology on behalf of the City for the previous Administration and City Council’s behavior and statements. The Mayor informed the Nation that he was taking back his authority to negotiate the agreement, and it would be his responsibility to educate and obtain final approval from the City Council. The City’s philosophy was to enter into an agreement that would uphold the United States Constitution and honor the treaties that the United States entered into with the Nation. The focus would be on the needs of the people, the Nation and City being mutually served while recognizing the jurisdiction and authorities of both governments, and to leverage our resources to provide for the needs of the people our governments both serve. After this initial meeting, a series of meetings occurred between the Nation, our divisional staff and the negotiating teams. 2 Of note, a historic meeting was held on October 31, 2019 whereby the Nation and City department heads from 10 areas met, including; leadership (elected officials), finance, public works, police services, emergency management/fire, human resources, transit, water utility/environmental, community/economic development and parks. The goal of the meeting was to be able to identify issues and projects that could be addressed in the agreement, and for government and department counterparts to meet one another in person. From this meeting, the draft cooperative governance documents were prepared, and the final review and discussions were finalized by the negotiating teams. In February 2020, the Business Committee was on the brink of approving the agreement, and the COVID-19 pandemic hit and the agreement was placed on hold due to cash flow and budgetary issues. With the Fiscal Year 2021 budget being approved, the funding for this agreement lies within the service agreement line that was transferred from the Business Committee to Legislative Affairs. On December 15, 2020 at the BC Work Session, the Business Committee received a presentation and draft agreements. Feedback was received on the documents that included incorporating a suspension clause, land into trust challenge provisions, and other minor changes to the document. Those changes were made to the agreement, and the Business In 2017, the Nation entered in to the first Cooperative Governance agreement with the Town of Oneida. The agreement can be found at https://oneida-nsn.gov/dl-file.php?file=2016/02/2016-2021-Cooperative-GovernanceAgreement-Between-Oneida-Nation-and-Town-of-Oneida-signed-7-2728-2017-1.pdf 2 The Nation’s negotiating team was comprised of the Business Committee Officers, James Bittorf, Kelly McAndrews, Melinda J. Danforth, Tana Aguirre and Deborah Thundercloud. The City’s negotiating team was comprised of Mayor Eric Genrich, Mayor’s Chief of Staff Celestine Jeffreys, and City Attorney Vanessa Chavez. 1 5 of 79 Public Packet Committee reviewed the drafts at the Regular BC meeting on January 13, 2021. The documents are now ready for the Business Committee’s formal consideration of approval. 6 of 79 Public Packet 7 of 79 ONEIDA LAW OFFICE CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT TO: Melinda J. Danforth Intergovernmental Affairs & Communications Use this number on future correspondence: FROM: James R. Bittorf, Deputy Chief Counsel James R. Bittorf DATE: February 9, 2021 RE: 2021-0035 Digitally signed by James R. Bittorf Date: 2021.02.09 11:04:18 -06'00' City of Green Bay-Cooperative Governance Agreement 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.) 9 Requires Business Committee approval prior to execution. 9 Waiver of sovereign immunity requires Business Committee approval. Under subsection 10(c), the Nation and the City “waive sovereign immunity and consent to suit in Brown County Circuit Court solely for the limited purpose of compelling arbitration . . . or enforcement of any arbitration award . . .” Public Packet 8 of 79 COOPERATIVE GOVERNANCE AGREEMENT BETWEEN THE ONEIDA NATION AND THE CITY OF GREEN BAY THIS AGREEMENT, by and between the ONEIDA NATION (the “Nation”), a federally recognized treaty tribe organized under the laws of the United States, and the CITY OF GREEN BAY (the “City”), a municipal government organized under the laws of the State of Wisconsin (each a “party” and collectively, the “parties”), WITNESSETH: WHEREAS, the Nation and the City have been good neighbors and desire the spirit of cooperation between the two governments to continue; and WHEREAS, the Oneida Reservation was established pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and encompasses approximately 65,400 acres; and WHEREAS, the boundaries of the Oneida Reservation and the boundaries of the City overlap, and portions of the City are within the Oneida Reservation; and WHEREAS, the Nation owns fee title to parcels of land located within the City, and the Nation may apply to have such parcels taken into trust by the United States; and WHEREAS, the United States holds title to parcels of land within the City in trust for the benefit of the Nation; and WHEREAS, both the Nation and the City provide services which benefit properties, residents, and the community within the Oneida Reservation and the City; and WHEREAS, the services provided by the Nation and the City complement each other and are not intended to create duplication of services; and WHEREAS, the City derives revenue from the taxation of real property, among other things; and WHEREAS, lands held in trust by the United States for the benefit of the Nation are exempt from taxation under federal law due to the Nation’s status as a sovereign; and WHEREAS, the Nation and the City enjoy a relationship of mutual trust and respect; and Public Packet 9 of 79 WHEREAS, both the Nation and the City exercise jurisdiction and provide governmental services within their respective territories, and both the Nation and the City recognize the importance of collaborative efforts to enhance governmental services and to mitigate costs associated with providing governmental services; and WHEREAS, the officers and officials of the City have a duty to uphold the laws of the United States and the State of Wisconsin, including complying with the terms of the 1838 Treaty; and WHEREAS, it is mutually beneficial to the parties to put their understandings in writing; The Nation and the City hereby agree to the following terms and conditions: 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the following meanings: a. “Class III Gaming” has the meaning ascribed to it in the Indian Gaming Regulatory Act, 25 U.S.C. § 2703(8). b. “Gaming Compact” means the agreement entered into by the Nation and the State of Wisconsin pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq., for the conduct of Class III Gaming on the Nation’s Indian lands within the State of Wisconsin, and all amendments to such agreement. c. “Oneida Reservation” or “Reservation” means the land set aside for the use and occupancy of the Nation and its Members pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, encompassing approximately 65,400 acres, and any lands added thereto pursuant to federal law. d. “Tribal Fee Land” means land to which the Nation holds title in fee simple. e. “Tribal Land” means Tribal Fee Land on the Reservation and Tribal Trust Land. f. “Tribal Member” or “Member” means a duly enrolled member of the Nation. g. “Tribal Trust Land” means land to which the United States holds title for the benefit of the Nation pursuant to federal law. h. 2. “Year” means the fiscal year beginning on October 1st of a given calendar year and ending on September 30th of the following calendar year. TERM. The term of this Agreement shall be fifteen (15) years, commencing on the date the Agreement is executed by both parties, and ending on December 31, 2035, and shall automatically renew for successive five (5) year terms. Public Packet 10 of 79 3. LAW ENFORCEMENT MUTUAL AID. The Oneida Police Department and the Green Bay Police Department will provide mutual aid in the form of back-up/secondary assistance for police, ambulance, emergency medical or rescue services (“Mutual Aid”). The conditions under which Mutual Aid shall be provided are set forth in full in Attachment B, which the parties may from time to time amend. 4. INTERGOVERNMENTAL COOPERATION. The parties agree to work collaboratively to the greatest extent possible in order to foster positive intergovernmental relationships, achieve common goals, and realize efficiencies in the delivery of programs and services, including but not limited to the following efforts: a. Point of Contact. The parties hereby designate the following representatives as points of contact who shall have primary responsibility for ensuring compliance, receiving notice, and ensuring continued participation under this Agreement: City of Green Bay: Oneida Nation: Chief of Staff City of Green Bay 100 North Jefferson St., Rm 200 Green Bay, WI 54313 Tribal Secretary Intergovernmental Affairs Director Oneida Nation P.O. Box 365 Oneida, WI 54155 A party may only change its designated Point of Contact by providing written notice to the other party. b. Information Sharing. The parties will collaborate on mapping and share data bases concerning issues of mutual interest and concern, including but not limited to parcel information, zoning, land use, land ownership status, census information, archeological/historical background (with appropriate limitations on culturally sensitive sites and public access), utilities, roads and rights of way, etc. c. Resource Sharing. The parties agree to make equipment, supplies, and other physical assets available to each other on an at-cost or in-kind basis when permissible and feasible in order to facilitate the delivery of governmental services and to promote the common good. d. Cost Mitigation. The parties will actively explore ways to conserve resources through cooperation and agree to accept and review proposals from each other regarding potential cost saving measures related to the delivery of governmental programs and services. e. Grants and Funding Sources. The parties agree to support each other in seeking grants and other sources of funding, and agree, to the extent feasible, to share knowledge and expertise regarding grant opportunities and grant writing. Public Packet 11 of 79 f. Legislative Initiatives. The parties agree to share information regarding legislative initiatives on matters of mutual concern and in which their interests coincide, and each party agrees to consider the interests of the other party in determining whether to support or oppose legislative proposals. g. Environmental Protection. The parties each provide programs and services which protect the environment and promote human health and agree to coordinate such activities to the extent possible and to work together on public education, stormwater management, responses to spills, clean sweep programs, and the like. h. Departmental Meetings. Each party will identify a contact person to facilitate meetings between corresponding departmental staff of the parties in order to identify issues of concern, address emergent issues, and promote intergovernmental cooperation. The parties’ contact persons are listed in Attachment A, which the parties shall update from time to time as necessary, but not less than annually. i. Liaisons. Each party will identify representatives to serve as liaisons to relevant boards, committees and commissions of the other party for the purpose of facilitating communication. The parties’ liaisons are listed in Attachment A, which the parties shall update from time to time as necessary, but not less than annually. 5. BAY BEACH WILDLIFE SANCTUARY. The mission of the City’s Bay Beach Wildlife Sanctuary (the “Sanctuary”) is: “To provide an urban wildlife refuge where people can interact with wildlife, plants and other natural resources through environmental education and recreation.” This mission corresponds with and complements the Nation’s goals of protecting and enhancing the natural environment. Despite the City’s ongoing commitment and efforts to maintain the Sanctuary, additional capital improvements, education, and services are necessary to enable the Sanctuary to fulfill its mission. In recognition of the mutual benefit of the Sanctuary to the community, the Nation agrees to make a one-time payment of $150,000 to further the mission of the Sanctuary. 6. NEIGHBORHOOD LAND USE a. The Oneida Code of Laws contains zoning, building, nuisance, and other land use regulations (“Land Use Regulations”) which are applicable to the Nation, Tribal Members, and individuals and businesses leasing, occupying or otherwise using Tribal Land. City ordinances addressing Land Use Regulations do not apply to the Nation or Tribal Members on the Reservation. b. The parties agree to work together to improve neighborhood services and recognize that communication between the parties is the best way to achieve this goal. The parties shall each identify a contact person responsible for communication regarding land use regulation issues, and Tribal staff and City staff shall meet quarterly. Public Packet 12 of 79 c. The City agrees to refer land use regulation issues concerning the Nation, Tribal Members, and individuals and businesses leasing, occupying or otherwise using Tribal Land to the Nation’s contact person and appropriate tribal staff. The Nation agrees to refer neighborhood peace and safety issues concerning nonmembers on nontribal land to the City’s contact person and appropriate city staff. d. The parties’ contact persons and staff members are listed in Attachment A, which the parties shall update from time to time as necessary, but not less than annually. 7. PUBLIC IMPROVEMENTS. a. Residential Street Improvements. The City does not currently assess property owners the cost of residential street repairs. Instead, the City collects a vehicle registration tax (“Wheel Tax”) in lieu of the assessments for street improvements on residential properties. The Annual Payment under section 8 below covers the cost of all residential street improvements benefitting Tribal Land. In the event the City in the future assesses the cost of street improvements on residential properties, the Nation will pay the actual proportional cost of all such improvements benefitting Tribal Land in the same manner as provided for in subsection (b) below, and all amounts paid by the Nation for such improvements shall be credited against the Annual Payment for the year in which they are paid. b. To the extent the City assesses the cost of public improvements against properties benefitted by such improvements, the Nation agrees to pay the actual, proportional cost of all public improvements benefitting Tribal Land including, but not limited to, grading, graveling, storm and sanitary sewer and laterals, water mains and laterals, sidewalks, paving and relays, reconstructions, overlays or repairs thereof, to the same extent and on the same basis as such costs are charged to other property owners. The Nation agrees to pay those costs in accordance with the following procedure: The City will not take any action to levy assessments for such improvements but will inform the Nation of the proposed improvement and the estimated cost thereof not less than thirty (30) days prior to commencement of the project. The City agrees to give due consideration to all comments which the Nation may submit regarding the project. The City will bill the Nation the cost of any such street improvement attributable to the Tribal Land upon completion of such improvement. The Nation will pay such bill in full within thirty (30) days of receipt thereof. 8. COMPENSATION. a. Annual Payment. In consideration of the services provided by the City, and the promises and agreements stated herein, the Nation shall make an annual payment (the “Annual Payment”) to the City in accordance with the following schedule: 2021 2022-2025 $322,192 $525,000 Public Packet 13 of 79 2026-2030 2031-2035 $575,000 $625,000 On or before January 31, 2035, the parties shall enter into good faith negotiations regarding the amount of the Annual Payment for 2036 and following years. Either party may request peacemaking and/or non-binding mediation to facilitate such negotiations, and the parties shall thereafter engage in such peacemaking and/or mediation. Disagreements about the amount of the Annual Payment for 2036 and following years shall not be subject to arbitration. In the event the parties cannot agree on the amount of the Annual Payment for 2036 and following years by December 31, 2035, either party may terminate this agreement by providing written notice of termination to the other party. The Nation may make Annual Payments in the form of cash or cash equivalents, inkind and non-monetary contributions, cooperative governance project payments, and payments for residential street improvements under section 7 above, provided that the Nation shall make a payment of at least $300,000 annually in the form of cash or cash equivalents. b. In-Kind and Non-Monetary Contributions. The value of rights, goods and services which the Nation provides or transfers to the City shall be counted as part of the Annual Payment, provided the City accepts and agrees to such in-kind and nonmonetary contributions. In-kind and non-monetary contributions shall be valued at the fair market value of the rights, goods or services, or the actual price paid by the Nation to acquire the rights, goods or services. For example, if the Nation acquires and transfers ownership of $100,000 in firefighting equipment to the City in March 2030, the Nation shall receive a credit of $100,000 against the Annual Payment for that year. Under no circumstances shall Nation’s internal costs be considered to be in-kind or non-monetary contributions. c. Cooperative Governance Project Payments. Payments directly to a vendor or agency as part of a joint or cooperative project between the City and Nation shall be counted as part of the Annual Payment. The Nation shall receive a dollar-for-dollar credit for all expenditures made by the Nation in furtherance of such projects. For example, if the Nation pays $100,000.00 to fund cooperative governance projects in March 2030, the Nation shall receive a credit of $100,000.00 against the Annual Payment for that year. Cooperative Governance Projects. Cooperative governance projects are intended to facilitate or enhance governmental services and/or to promote economic development. By way of illustration but not limitation, cooperative governance projects may include: the construction, maintenance, and repair of roads, bridges, pedestrian pathways, and related infrastructure; the construction, maintenance, and repair of storm sewers, storm water treatment facilities, and related infrastructure; the construction, maintenance, and repair of buildings, public facilities, and related infrastructure; the purchase of land; the procurement of leases, easements, or rights- Public Packet 14 of 79 of-way; and the purchase of machinery, equipment, and tools; contracted lobbying services for the benefit of the City; contracted grant-writing services for the benefit of the City. Cooperative Governance Project Team. Each party shall designate three (3) representatives to serve on a cooperative governance project team which shall be responsible for identifying, planning, bringing forward for approval, and overseeing the implementation of cooperative governance projects. The cooperative governance project team shall meet as frequently as necessary, and in no event fewer than four (4) times/year. With respect to each approved project, the cooperative governance project team shall determine the amount of credit to which the Nation shall be entitled for cooperative governance project payments and in-kind and non-monetary contributions to fund or facilitate the project. The parties’ cooperative governance team members are listed on Attachment A, which the parties shall update from time to time as necessary, but not less than annually. d. Invoices and Payment. On or before February 1st of each year, the City will submit an invoice to the Nation reflecting the Annual Payment for that year. In the event the Nation disputes the invoice, the Nation shall initiate the dispute resolution procedures set forth in section 10 below within thirty (30) days of receipt of the invoice. On or before September 30th, the Nation shall pay the Annual Payment less any amounts taken as credits for in-kind and non-monetary contributions, cooperative governance project payments, and payments for residential street improvements, and shall itemize the amounts of such credits in writing. In the event the City disputes the amounts taken as credits by the Nation, the City shall initiate the dispute resolution procedures set forth in section 10 below within thirty (30) days. e. Suspension of Payments. In the event of a Change in Circumstances which affects the Nation’s ability to make Annual Payments, the Nation may suspend payment until such time as the Change in Circumstances has abated, and thereafter shall pay the suspended Annual Payment(s) in three equal annual installments beginning in the year after the Change in Circumstances has abated or as the parties may otherwise in writing agree. If the Change in Circumstances persists in excess of one (1) year, either party may terminate this Agreement upon written notice to the other party; provided, however, that the obligation to pay the Annual Payment shall not be affected until termination, and all amounts accruing prior to termination shall remain due. The parties shall thereafter enter into good faith discussions regarding the possibility of entering into a successor agreement. For purposes of this subsection 8(e), Change in Circumstances includes: (1) impairment of the Nation’s ability to conduct Class III gaming at the locations at which the Nation currently conducts such gaming due to adverse court decision(s), acts of God, or otherwise; (2) shutdown of the federal government lasting three months or more; and (3) economic recession defined as lasting two quarters or more. A party may not terminate this Agreement Public Packet 15 of 79 pursuant to this section 8(e) unless payments have been suspended due to a Change in Circumstances, and the Change in Circumstances persists in excess of one (1) year. f. Repayment by City. In the event the Nation serves written notice of dispute on the City under subsection 10(a) below alleging the City has materially breached the terms of this Agreement, the Nation’s obligation to make Annual Payments shall continue pending resolution of the dispute pursuant to the procedures outlined in section 10 below. If an Arbitration Panel empaneled pursuant to subsection 10(d) below determines the City has materially breached or is materially breaching the terms of this Agreement, the City shall repay to the Nation those amounts paid under subsection 8(a) above and return any in-kind and non-monetary contributions received under subsection 8(b) above, from the date of service of the written notice of dispute to the date of the Arbitration Panel’s determination, order and/or judgment. The requirements of this subsection 8(f) shall not apply to any Cooperative Governance Projects Payments identified in subsection 8(c) above, which projects the parties agree are mutually beneficial to the City and Nation. In addition, if the City does not cure such breach within fifteen (15) days of such determination, order and/or judgment, the Nation may terminate this Agreement pursuant to section 13 below and thereupon shall not be required to make any payments to the City. For purposes of this subsection 8(f), any violation by the City of the provisions of section 9 below shall be deemed to be a material breach of this Agreement. 9. LAND INTO TRUST. a. When the Nation acquires fee title to land located within the City, the Nation will notify the City of the acquisition and the following information: 1) the street address, 2) the tax parcel number(s), 3) the acreage, 4) the current use of the land, and 5) the Nation’s proposed use of the land. Upon receiving such notice, the City may request a meeting and the parties shall thereafter meet to discuss any issues or matters raised by the City pertaining to that parcel. b. At least sixty (60) days prior to submitting an application to have land within the City taken into trust, the Nation will send notice to the City which includes the following information: 1) the street address, 2) the tax parcel number(s), 3) the acreage, 4) the current use of the land, 5) the Nation’s proposed use of the land after trust acquisition, and 6) any proposed development or improvements to the land. Within thirty (30) days of receiving such notice, the City shall identify in writing any issues or matters pertaining to the land, and the parties shall thereafter meet within ten (10) days, or at any other time mutually agreeable, to discuss such issues or matters. Prior to submitting the application, the Nation shall inform the City in writing of any measures it may take to address any issues or matters raised by the City. After sixty (60) days have elapsed from the date of the Nation’s notice to the City, the Nation may file the application, and shall clearly identify in the application any unresolved issues or matters, any actions taken or proposed to be taken by the Nation to address the issues or matters, and any final positions taken by the City or the Nation with Public Packet 16 of 79 regard to the unresolved issues or matters. Either party may thereafter request mediation or peacemaking to attempt to resolve the issues or matters, and the parties shall engage in such mediation or peacemaking. This subsection 9(b) shall not apply to any applications filed by the Nation prior to the effective date of this Agreement. c. The City will not oppose applications by the Nation to have land taken into trust during the term of this Agreement if the following criteria are satisfied: 1) the Nation has held fee title to the land in question for a period of three (3) years or more prior to the date of the application; or prior to the Nation’s acquisition, a tax exempt entity held title to the land in question; 2) the Nation has met its obligations under subsection 9(b) above with respect to the application in question; and 3) the Nation has not been determined to be in material noncompliance with the terms of this Agreement pursuant to the dispute resolution procedures set forth in subsection 10(d) below; or if the Nation has been determined to be in material noncompliance with the terms of this Agreement pursuant to the dispute resolutions procedures set forth in subsection 10(d) below, such noncompliance has been cured or corrected. If these criteria are not satisfied, the City may object to the application as provided for in 25 C.F.R. Part 151. Notwithstanding the foregoing, in no event shall the City challenge the authority of the Secretary of the United States Department of the Interior to take land into trust for the benefit of the Nation on the grounds the Nation allegedly was not under federal jurisdiction in 1934 or otherwise. d. If a representative of the City, in his or her official or personal capacity, submits an objection to the United States Bureau of Indian Affairs or other responsible federal agency regarding an application for trust acquisition of Tribal Fee Land which meets the criteria listed in subsection 9(c) above, the City will as soon as practicable submit appropriate correspondence to the United States Bureau of Indian Affairs or other responsible federal agency attesting that the objector does not represent the interests of the City or have authority to speak on the City’s behalf. In addition, if a representative of the City, in his or her official or personal capacity, appeals a notice of decision or other determination issued by the Bureau of Indian Affairs or other responsible federal agency to place into trust Tribal Fee Land which meets the criteria listed in subsection 9(c) above, the City will as soon as practicable file appropriate pleadings or correspondence with the Interior Board of Indian Appeals or other responsible hearing body attesting that appellant does not represent the interests of the City or have authority to speak on the City’s behalf. e. Upon execution of this Agreement and in consideration of the promises and payments identified herein, the City shall withdraw any and all objections it has submitted to the Bureau of Indian Affairs or Department of the Interior regarding the Nation’s applications to have land placed into trust, and shall withdraw and move for the immediate dismissal with prejudice of any and all appeals it has filed with the Interior Board of Indian Appeals of notices of decision to place land into trust for the Nation. Public Packet 10. 17 of 79 DISPUTE RESOLUTION. a. Negotiation. If either party believes the other has failed to comply with the requirements of this Agreement, or if a dispute arises over the proper interpretation of any provision of this Agreement, then either party may initiate negotiation by serving a written notice on the other identifying the specific provision or provisions of the Agreement in dispute and specifying in detail the factual basis for any alleged noncompliance and/or the interpretation of the provision of the Agreement. Within thirty (30) days of service of such notice, representatives designated by each party shall meet in an effort to resolve the dispute through negotiation. b. Peacemaking. If either party believes the other has failed to comply with the requirements set forth in this Agreement, or if there is a dispute over the proper interpretation of any provision of this Agreement, the parties may agree in writing to attempt to settle the dispute through peacemaking. c. Mediation. If either party believes the other has failed to comply with the requirements set forth in this Agreement, or if there is a dispute over the proper interpretation of any provision of this Agreement, and peacemaking has been unsuccessful, the parties may agree in writing to attempt to settle the dispute by nonbinding mediation. d. Arbitration. If a dispute is not resolved within one hundred twenty (120) days of service of the notice provided for in subsection (a) above, either party may serve on the other a written demand for arbitration, and the dispute shall thereafter be resolved by arbitration which shall be conducted in conformance with the rules set forth below and such other rules as the parties may in writing agree. i. Arbitration Panel. Each party shall appoint one arbitrator. The two partyappointed arbitrators shall then appoint a third arbitrator, and the three arbitrators shall constitute the panel. ii. Cost of Arbitration. The cost of arbitration shall be borne equally by the parties, with one-half (1/2) of the cost charged to the Nation and one-half (1/2) of the cost charged to the City, and each shall bear its own expenses. e. Limited Waiver of Immunity. The City and the Nation specifically waive sovereign immunity and consent to suit in Brown County Circuit Court solely for the limited purposes of compelling arbitration in accordance with the provisions of this Agreement or enforcement of any arbitration award rendered pursuant to this Agreement. 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes all prior oral and written agreements between the parties on the subjects addressed herein. Public Packet 18 of 79 12. AMENDMENT. Either party may propose amendments to this Agreement at any time. No amendment or modification of this Agreement will be effective unless the amendment or modification is reduced to writing and agreed to and executed by both parties. The parties may agree to non-binding mediation for disputes regarding proposed amendments, but such disputes shall not otherwise be subject to dispute resolution or arbitration. 13. TERMINATION. This Agreement may be terminated only in one of the following ways: 1) this Agreement will immediately terminate and cease to be effective in the event the City no longer provides services to the Nation; 2) this Agreement will immediately terminate and cease to be effective in the event the Nation for any reason ceases to conduct Class III Gaming pursuant to a Gaming Compact with the State of Wisconsin; 3) the parties may terminate this Agreement by mutual agreement, provided that such agreement is reduced to writing and signed by both parties, and 4) either party may terminate this Agreement by serving written notice of termination in accordance with subsection 8(a) above; 5) either party may terminate this Agreement by serving written notice of termination pursuant to subsection 8(e) above; and 6) either party may terminate this Agreement by serving written notice of termination on the other party in the event an Arbitration Panel determines the other party has materially breached the terms of this Agreement and the other party does not immediately cure such breach. Upon termination, neither party shall have any further obligation under this Agreement, except that the provisions of section 10 above shall survive termination of this Agreement. 14. NOTICE. Notice provided by a party under this Agreement must be in writing sent by either e-mail, read receipt requested, or certified mail, return receipt requested, to the appropriate representative(s) of the other party as set forth in Attachment A. 15. SEVERABILITY. If any provision of this Agreement is determined to be invalid under the laws of the United States, the Nation or the State, such invalidity will not affect the validity of the remaining provisions of this Agreement. 16. PRESERVATION OF JURISDICTION. Nothing in this Agreement is intended to be a grant of jurisdiction from one party to the other. This Agreement is not intended to alter the existing jurisdiction of any party, and by approving this Agreement, neither party is agreeing or conceding to any jurisdiction of the other party which would not otherwise exist under the law. 17. NO THIRD-PARTY BENEFICIARIES. This Agreement is made and entered into for the sole protection and benefit of the Nation and the City, and is not intended to create any right, benefit, obligation, or cause of action, whether direct or indirect, for any person or entity not a signatory to this Agreement. 18 CHOICE OF LAW. This Agreement shall be construed in accordance with the laws of the State of Wisconsin. Public Packet 19 of 79 IN WITNESS WHEREOF the parties have set their hands and seal on the date listed below. ONEIDA NATION CITY OF GREEN BAY By: By: By: Tehassi Tasi Hill, Chairman Date: Lisa Liggins, Secretary Date: Seal of the Oneida Nation By: Eric Genrich, Mayor Date: Celestine Jeffreys, Clerk Date: Seal of the City of Green Bay Public Packet 20 of 79 Attachment A: Cooperative Agreement Points of Contact City of Green Bay Oneida Nation____________________ Generally for Cooperative Governance Agreement Mayor Eric Genrich Chairman Tehassi Hill 100 N. Jefferson Street P.O. Box 365 Green Bay, WI 54301 Oneida, WI 54155 Email: Eric.Genrich@greenbaywi.gov Email: thill7@oneidanation.org Phone: (920) 448-3005 Phone: (920) 869-2214 Section 3: Law Enforcement Mutual Aid Andrew Smith Eric Boulanger Chief of Police Chief of Police 307 S. Adams Street 2783 Freedom Road Green Bay, WI 54301 Oneida, WI 54155 Email: Andrew.Smith@greenbaywi.gov Email: eboulan1@oneidanation.org Phone: (920) 448-3234 Phone: (920) 869-2239 Section 4: Intergovernmental Cooperation Celestine Jeffreys Melinda J. Danforth City Clerk Director of Intergovernmental Affairs 100 N. Jefferson Street P.O. Box 365 Green Bay, WI 54301 Oneida, WI 54155 Email: celestine.jeffreys@greenbaywi.gov Email: mdanforj@oneidanation.org Phone: (920) 448-3010 Phone: (920) 869-4022 Section 6: Neighborhood Land Use Cheryl Renier-Wigg Troy Parr Interim Development Director Community Economic Development 100 N. Jefferson Street Director/Zoning Administrator Green Bay, WI 54301 P.O. Box 365 Email: Cheryl.Renier-Wigg@greenbaywi.gov Oneida, WI 54155 Phone: (920) 448-3412 Email: tparr@oneidanation.org Phone: (920) 869-4529 Section 8: Compensation Cooperative Governance Team Paul Neumeyer, Zoning Administrator 100 N. Jefferson St., 6th Floor Green Bay, WI 54301 Email: Paul.Neumeyer@greenbaywi.gov Phone: 920-448-3405 Troy Parr, Community/Economic Development Director/Zoning Administrator P.O. Box 365 Oneida, WI 54155 Email: tparr@oneidanation.org Phone: (920) 869-4529 Public Packet 21 of 79 Dan Ditscheit Parks Director 100 N. Jefferson Street Green Bay, WI 54301 Email: Dan.Ditscheit@greenbaywi.gov Phone: (920) 448-3365 Patrick Pelky Land, Environmental Health & Safety Director P.O. Box 365 Oneida, WI 54115 Email: ppelkly@oneidanation.org Phone: (920) 869-1600 Steve Grenier Director of Public Works 100 N. Jefferson Street Green Bay, WI 54301 Email: steven.grenier@greenbaywi.gov Phone: (920) 448-3535 Jacque Boyle, Director of Public Works & Comprehensive Housing Divisions P.O. Box 365 Oneida, WI 54155 Email: jboyle@oneidanation.org Phone: (920) 869-1059 Payment Submitted to: City of Green Bay Diana Ellenbecker, Finance Director 100 N. Jefferson, 1st floor Green Bay, WI 54301 Email: Diana.Ellenbecker@greenbaywi.gov Invoice Submitted to: Oneida Nation Attention: Tribal Secretary P.O. Box 365 Oneida, WI 54155 Email: TribalSecretary@oneidanation.org Additional Contacts: Dan Ditscheit Parks Director 100 N. Jefferson Street Green Bay, WI 54301 Email: Dan.Ditscheit@greenbaywi.gov Phone: (920) 448-3365 Land/Environmental Issues Patrick Pelky Land, Environmental Health & Safety Director P.O. Box 365 Oneida, WI 54115 Email: ppelkly@oneidanation.org Phone: (920) 869-1600 Steve Grenier Director of Public Works 100 N. Jefferson Street Green Bay, WI 54301 Email: steven.grenier@greenbaywi.gov Phone: (920) 448-3535 Department of Public Works Jacque Boyle, Director of Public Works & Comprehensive Housing Divisions P.O. Box 365 Oneida, WI 54155 Email: jboyle@oneidanation.org Phone: (920) 869-1059 Public Packet Diane Ellenbecker Finance Director 100 N. Jefferson Street Green Bay, WI 54301 Email: Diana.Ellenbecker@greenbaywi.gov Phone: (920) 448-3025 22 of 79 Finance Lawrence Barton Chief Financial Officer P.O. Box 365 Oneida, WI 54155 Email: lbarton@oneidanation.org Phone: (920) 869-4491 Public Packet ATTACHMENT B 23 of 79 LAW ENFORCEMENT RESPONSE AND MUTUAL ASSISTANCE AGREEMENT BETWEEN ONEIDA NATION AND CITY OF GREEN BAY THIS AGREEMENT (“Agreement”), by and between the ONEIDA NATION (the “Nation”), a federally recognized treaty tribe organized under the laws of the United States, and the CITY OF GREEN BAY (the “City”), a municipal government organized under the laws of the State of Wisconsin (each a “party” and collectively, the “parties”). WITNESSETH: WHEREAS, the Oneida Reservation was established pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and encompasses approximately 65,400 acres; and WHEREAS, the boundaries of the Oneida Reservation and the City overlap, and portions of the City are within the Oneida Reservation; and WHEREAS, the Nation established the Oneida Police Department pursuant to tribal and federal law in order to provide law enforcement services within the Oneida Reservation; and WHEREAS, the City established the Green Bay Police Department pursuant to State law in order to provide law enforcement services within the City of Green Bay; and WHEREAS, beginning in 1996, the Nation and City codified the cooperation and collaboration of their two police departments in a mutual aid agreement; and WHEREAS, the Oneida Police Department and Green Bay Police Department continue to work collaboratively to prevent and deter crime, to provide assistance in the form of trained personnel and/or equipment when requested by the other, and to promote effective law enforcement for the benefit of the entire community; and WHEREAS, the Nation and the City continue to have good law enforcement relations and wish to reflect their spirit of cooperation and collaboration in an updated mutual aid agreement that reflects their current practices; and WHEREAS, the Nation and City believe such mutual aid agreement is to the benefit of the entire community; and WHEREAS, the General Tribal Council of the Nation is authorized to enter into this Public Packet ATTACHMENT B 24 of 79 Agreement pursuant to Art. IV., Sec. 1(a) of the Nation’s Constitution, and the General Tribal Council has delegated this authority to the Oneida Business Committee; and WHEREAS, the City is authorized to enter into this Agreement pursuant to sections 66.0301(1) and (2) of the Wisconsin Statutes. NOW THEREFORE BE IT RESOLVED, that the Nation and the City mutually agree on the terms and conditions as follows: AGREEMENT 1. DEFINITIONS. A. “Arrest Related Death” means the death of any person who is: (1) detained by law enforcement; (2) under arrest; (3) in the process of being arrested; (4) en route to being incarcerated or detained. B. “Deadly Force” means the intentional use of a firearm or other instrument that creates a high probability of death or great bodily harm. C. “Internal Investigation” means a formal investigation of an employee who has become the subject of possible misconduct. D. “Lead Investigator” means the person in charge of the investigation, who plays a principal, guiding role. E. “Officer Involved Death” shall be defined according to Wis. Stat. § 175.47(1)(c), or successor statute. Officer Involved Deaths include, but are not limited to the use of deadly force (shooting or otherwise) and traffic related fatalities. F. “Officer Involved Injury” means any serious injury resulting from an application of force. G. “Primary law enforcement response” means the police department which is responsible for providing the first law enforcement response or services in a specific area. H. “Secondary law enforcement response” means the police department which is responsible for providing the secondary law enforcement response or services in a specific area. Secondary response may occur when the primary police department is unavailable, requests additional assistance, or any other circumstance additional law enforcement response is appropriate. I. “Requesting Department” is the police department that requests the Responding Department to provide assistance with alternate or additional Public Packet ATTACHMENT B 25 of 79 law enforcement response or services. J. “Responding Department” is the police department that responds to the Requesting Department to provide assistance with alternate or additional law enforcement response or services. K. “Use of Force” means the application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained. 2. TERM. This Agreement shall become effective upon execution of this Agreement by both parties and shall remain in effect for the duration of the Cooperative Governance Agreement Between the Oneida Nation and the City of Green Bay, including renewals thereof. 3. PRIOR AGREEMENT. Upon the execution of this Agreement by both parties, the Law Enforcement Mutual Aid Agreement Between the Oneida Nation in Wisconsin and City of Green Bay executed October 16, 1996 is hereby terminated. This Agreement supersedes all prior agreements between the parties pertaining to mutual aid. 4. COMPLIANCE WITH WISCONSIN LAW. The parties recognize that Wis. Stat. § 165.92(2) authorizes tribal law enforcement officers to exercise the same powers to enforce the laws of the State and to make arrests for violations of such laws that sheriffs have, including powers granted to sheriffs under § 59.27 and 59.28 and under the common law. The parties acknowledge that Wis. Stat. § 165.92(3m) requires the Nation to pass a resolution waiving its right to sovereign immunity to the extent necessary to allow the enforcement in the courts of this State of its liability or to maintain an insurance policy covering any liabilities that may arise from the acts or omissions of its tribal law enforcement officers before its officers can exercise such powers. This Agreement is contingent on the Nation’s ongoing compliance with the provisions of Wis. Stat. § 165.92(3m), or any statutory successor. In the event it is determined that the Nation is not in compliance with Wis. Stat. § 165.92(3m), or any statutory successor, the terms of this Agreement shall be suspended until compliance is achieved by the Nation, which the Nation agrees to pursue diligently. 5. PURPOSE. The primary responsibility of the Oneida Police Department and Green Bay Police Department is to provide law enforcement services and protection to their community. This Agreement is intended to clarify each Department’s areas of primary and secondary response, provide for mutual assistance when requested, and provide for the provision of additional services such as providing the Requesting Department with an independent law enforcement agency to provide a criminal investigation into certain use of force situations, certain officer-involved injuries, and officer-involved deaths. 6. OPERATIONAL PLANS AND PROTOCOLS. The Chiefs of the Oneida and Green Bay Police Departments may jointly promulgate operational plans, protocols or policies in order to implement the intent and purposes of this Public Packet ATTACHMENT B 26 of 79 Agreement. The provisions of such operational plans, protocols or policies shall be consistent with the provisions of this Agreement. 7. LAW ENFORCEMENT RESPONSE IN OVERLAPPING JURISDICTION. A. B. Grant of Authority and Scope. 1. Territorial Jurisdiction of the Oneida Police Department. The Oneida Nation GIS Department maintains up-to-date maps of the official Oneida Nation Reservation boundaries. The Nation shall make such maps available to the City upon request. 2. Territorial Jurisdiction of the City of Green Bay Police Department. The City of Green Bay GIS Division maintains up-to-date maps of official City of Green Bay boundaries. The City shall make such maps available to the Nation upon request. 3. Overlapping Territorial Jurisdiction. The Nation and the City have overlapping territorial jurisdiction in the City of Green Bay. A copy of a map depicting the overlapping territorial jurisdiction is attached hereto as Appendix A. 4. Concurrent Jurisdiction. “Concurrent Jurisdiction” refers to the sharing of or having equal authority within the same jurisdictional boundaries by two or more law enforcement entities. The Oneida Police Department and City of Green Bay Police Department have concurrent jurisdiction over criminal matters occurring in their overlapping territorial jurisdiction. It is the policy of both Departments to provide assistance and cooperation to one another when they are performing law enforcement duties in their overlapping territorial jurisdiction. Areas of Responsibility. 1. The Oneida Police Department will be responsible for providing primary law enforcement response and services to the locations and/or areas attached hereto as Appendix B, which may from time to time be amended to reflect current response areas. The City will be responsible for providing secondary law enforcement response and services to the locations and/or areas in Appendix B. The list of properties in Appendix B shall be provided to the communication entity/system to be coded in the communication system. 2. The Nation may update Appendix B by providing an updated list of tribal properties the Oneida Police Department will provide primary law enforcement response and services to. The Green Bay Police department will be responsible to provide Public Packet ATTACHMENT B 27 of 79 primary law enforcement response and services to all other areas within the City of Green Bay, including the parties’ overlapping territorial jurisdiction. The parties agree to work together and with any other communication entity/system in order to code necessary properties to reflect the agreed upon law enforcement response, provided however, that in the event of a conflict between Appendix B and the coding in the communication system, the law enforcement response shall be in accordance with the coding in the communication system. Neither Department has any responsibility to review Appendix B prior to responding to a call, and may rely exclusively on the coding in the communication system as the basis for their response. C. 8. 3. Nothing in this Agreement shall be construed to prevent the officers from each Department from performing community policing or other self-initiated law enforcement activity, or otherwise assisting one another, in the parties’ overlapping territorial jurisdiction. 4. The parties understand that any request for mutual assistance beyond their territorial jurisdiction requires compliance with the requirements in Wis. Stat. § 66.0313. Handling of Calls. 1. Calls for assistance within the areas described above in Paragraph 7.B are the sole responsibility of the Department designated as providing primary law enforcement response and services. If all officers of the primary Department are busy or otherwise determine that assistance is needed, the primary Department may make a request for response to the secondary Department. 2. When the Department designated to provide secondary law enforcement response and services responds to a call in lieu of the primary Department, that secondary Department generally agrees to handle the call in its entirety. This does not preclude the Responding Department from seeking additional assistance from the Requesting Department for follow-up work. RESPONDING TO REQUESTS FOR ASSISTANCE. A. Officers from one Department will assist any officer from the other Department whenever such assistance is requested. Requests may be made through any means available. B. The Requesting Department shall retain jurisdiction over the call for the entirety of its duration regardless of whether that Department would have secondary or primary jurisdiction. Under no circumstances shall Public Packet ATTACHMENT B 28 of 79 either Department assert jurisdiction over a call for which it is the Responding Department, and instead the parties agree to provide support when responding unless the Requesting Department specifically states to the highest ranking officer on the scene that jurisdiction is being transferred to the Responding Department. C. When requests for assistance are made, the officer will notify his/her Communications Center as soon a reasonably possible, unless such request for assistance was given by the Communications Center. Officers are responsible for notifying their respective supervisors of requests for assistance, based upon their departmental policies and expectations. D. If for some reason the officer is not able to respond to the request for assistance from the Requesting Department, the Communications Center will notify the Requesting Department immediately. As soon as officers are free to respond from the Responding Department, the officer or the Communications Center will notify the Requesting Department and determine if assistance is still needed. E. Refusal, insubordination, misconduct or any other non-professional behavior from any officer from the Requesting or Responding Department will be dealt with according to the rules and regulations of that officer's Department. 9. AUTHORITY TO ISSUE MUNICIPAL AND TRIBAL ORDINANCE CITATIONS. Should the Oneida Police Department and/or Green Bay Police Departments agree to a grant of authority to authorize officers from the other Department to enforce City and/or Tribal ordinances, this Agreement may be amended or an addendum agreement may be entered into and incorporated herein as referenced by such document. 10. INVESTIGATIVE SERVICES. The Parties agree to provide additional Investigative Services in accordance with Wis. Stat. § 66.0301 and § 175.47 and in accordance with the provisions set forth herein. A. Cooperation. The Requesting Department shall cooperate with the Responding Department’s investigation. B. Written Policy. The Requesting Department shall provide its written policy regarding the investigation of officer-involved deaths as well as any other pertinent policy to the Responding Department. C. Required Investigators. When requested to provide a criminal investigation for certain use-of-force situations, certain officer-involved injuries, and officer-involved deaths, the Responding Department shall provide at least Public Packet ATTACHMENT B 29 of 79 two (2) investigators. The Responding Department shall designate one investigator to serve as the lead investigator. No investigator or other staff provided by the Responding Department shall be an employee of the Requesting Department. 11. D. Internal Investigations. The Requesting Department may assign up to two (2) investigators to perform an internal investigation, so long as such internal investigation does not interfere with the investigation being performed by the Responding Department. Although the Requesting Department may seek additional outside assistance to perform its internal investigation, it may not request the Responding Department to assist with the internal investigation. E. Expeditious Investigation. The investigators performing the investigation shall perform all functions of law enforcement, perform the investigation in an expeditious manner, and shall provide a complete report to the District Attorney of the county in which the use of force, officer-involved death, or other incident occurred. F. Release of Report. Records requests pertaining to the report shall be processed in accordance with the Open Records law that applies to the Department that receives the records request. The report shall be maintained by the Responding Department in accordance with its standard policies and practices. G. Non-Exclusivity. Nothing herein shall be construed to create an exclusive relationship between the parties. As such, the Requesting Department involved in the use of force or officer-involved death has the authority and discretion to request the services of another or additional outside departments or agencies. SUPERVISION AND COMPENSATION. A. Oneida Police Department Officers acting pursuant to this Agreement shall remain employees of the Nation and shall remain under the control and supervision of the Nation and the Oneida Police Department. Oneida Police Department Officers are not employees of the City of Green Bay. The Nation shall remain responsible for its employees’ salaries, insurance, and civil liability. Each Oneida Police Department Officer shall be deemed to be performing regular duties of the Oneida Police Department while performing services for the City pursuant to this Agreement. Oneida Police Department Officers shall not represent themselves as Officers of the Green Bay Police Department. B. Green Bay Police Department Officers acting pursuant to this Agreement shall remain employees of the City and shall remain under Public Packet ATTACHMENT B 30 of 79 the control and supervision of the City and the Green Bay Police Department. The City shall remain responsible for its employees’ salaries, insurance, and civil liability. Each Green Bay Police Department Officer shall be deemed to be performing regular duties of the Green Bay Police Department while performing services for the Nation pursuant to this Agreement. Green Bay Police Department Officers shall not represent themselves as Officers of the Oneida Police Department. 12. COSTS AND COMPENSATION. A. The Nation shall assume responsibility for all costs incurred by the Oneida Police Department and its Officers under this Agreement. The City shall assume responsibility for all costs incurred by the Green Bay Police Department and its Officers under this Agreement. B. Should the Responding Department cause damage to the Requesting Department’s equipment while such equipment is in the custody and control of the Responding Department, normal wear and tear excepted, the Responding Department shall repair or replace the Requesting Department’s equipment as soon as practicable and at no cost to the Requesting Department. Repairs shall be made by an entity so authorized by the equipment manufacturer. If the equipment is damaged beyond repair, the Requesting Department shall be entitled to an amount equal to the value of the equipment immediately prior to the same being damaged beyond repair. Such determination of value may be determined by an independent appraisal. C. Investigative Services. 1. Regular wages. The Responding Department shall not bill the Requesting Department for any regular or “on duty” time spent on the investigation or routine use of equipment. 2. Overtime wages. The Requesting Department is responsible for payment of any overtime wages or non-routine expenses of the Responding Department that are deemed necessary to perform the requested investigation. The Responding Department’s command staff shall be vested with the authority and discretion to authorize overtime for responding staff and non-routine expenses as deemed appropriate. However, the Responding Department’s command staff shall be required to regularly communicate expenses related to the investigation to the Requesting Department. Public Packet ATTACHMENT B 31 of 79 3. Evidence. The Requesting Department is responsible for reasonable evidence storage fees for evidence collected in the investigation. The Responding Department bears no financial liability for fees associated with the keeping and/ or testing of evidence associated with the investigation. 4. Other Costs. The Requesting Department is responsible for all reasonable costs incurred from outside vendors while providing investigative services, including but not limited to transcription fees. 13. JOINT TRAINING AND COMMUNITY EVENTS. The Departments shall work cooperatively to identify and attend joint training and community events which benefit the Departments and/or the community. 14. IMMUNITIES. 15. A. The parties. Notwithstanding any other portions of this Agreement, nothing contained herein is intended to preclude the parties and their insurers from asserting the limitations, defenses, and immunities contained within applicable law. To the extent indemnification is available and enforceable, the parties or their insurers shall not be liable in indemnity, contribution, or otherwise for an amount greater than the limits of liability set forth in established law. The parties agree to maintain appropriate liability insurance policies. B. Oneida Police Department. With the exception of those noted in Sec. 4, all immunities from liability, and exemptions from laws, ordinances, and regulations, which Oneida Police Officers possess in their own jurisdiction shall be effective in the City’s jurisdiction in which the Nation’s Officers are providing assistance, unless otherwise prohibited by law. The provisions of 25 U.S.C. § 5321, et seq., and/or 5361, et seq., and the Federal Tort Claims Act apply to acts and omissions by Oneida Police Department Officers. C. Green Bay Police Department. Nothing contained herein is intended to preclude the Green Bay Police Department or its Insurers from asserting the limitations, defenses, and immunities contained within Wis. Stats. § 345.05 and 893.80 any other applicable provision of law. INDEMNIFICATION. A. General Indemnification. Except as otherwise provided for in Paragraph 15.B herein, each party is legally responsible for the acts or omissions of its own employees, agents, or assigns with respect to their activities and performance under this Agreement. The Nation shall Public Packet ATTACHMENT B 32 of 79 protect and defend, and indemnify and hold harmless the City, City’s Police Chief, the Green Bay Police Department and their respective employees, agents, or officers, from any and all claims, judgments, or liabilities arising from the acts or omissions of Oneida Police Department Officers. The City shall protect and defend, and indemnify and hold harmless the Nation, Nation’s Police Chief, the Oneida Police Department and their respective employees, agents, or officers, from any and all claims, judgments, or liabilities arising from the acts or omissions of Green Bay Police Department Officers. The parties shall be responsible for any and all liability arising from the acts or omissions of their own officers, to the extent provided by law. Under no circumstances shall a party be liable for acts or omissions of the officers or employees of the other party. B. Indemnification for Investigative Services. The Requesting Department shall hold harmless, defend and indemnify the Responding Department from and against any and all claims, damages, liabilities and expenses of any type whatsoever, including reasonable attorney’s fees, arising out of services provided pursuant to Paragraph 10 of this Agreement whether resulting from property damage, bodily injury or death, or personal injury, except to the extent that such claims, damages, liabilities and expenses arise from the Responding Department’s intentional tort, malicious act or willful act. C. These obligations shall survive the termination of the Agreement. 16. DISPUTE RESOLUTION. The Dispute Resolution provision of the Cooperative Governance Agreement Between the Oneida Nation and the City of Green Bay shall apply to this Agreement. The Police Chief of either Department may initiate dispute resolution pursuant to this Agreement by following the Dispute Resolution process in accordance with the Cooperative Governance Agreement Between the Oneida Nation and the City of Green Bay. 17. ENTIRE AGREEMENT. This Agreement and any attachments herein referenced contains the entire agreement between the parties on the subject of law enforcement mutual aid. 18. AMENDMENT. Either party may propose amendments to this Agreement at any time. No amendment or modification of this Agreement will be effective unless the amendment or modification is reduced to writing and agreed to and executed by both parties. The parties may agree to non-binding mediation for disputes regarding proposed amendments, but such disputes shall not be otherwise be subject to dispute resolution or arbitration. 19. ASSIGNMENT. Neither this Agreement nor the provisions herein may be assigned without the written consent of both parties. Public Packet ATTACHMENT B 33 of 79 20. TERMINATION. This Agreement may only be terminated upon the termination of the Cooperative Governance Agreement Between the Oneida Nation and the City of Green Bay. 21. NOTICE. Notice provided under this Agreement will be in writing and must be sent by Certified Mail, Return Receipt Requested, to the parties at the following addresses, unless otherwise stated in this Agreement: ONEIDA NATION Police Chief Oneida Police Department P.O. Box 365 Oneida, Wisconsin 54155 22. CITY OF GREEN BAY Police Chief Green Bay Police Department 307 S. Adams Street Green Bay, Wisconsin 54301 SEVERABILITY. If any clause, provision or section of this Agreement is ruled invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any of the remaining clauses, provisions or sections of this Agreement. [Remainder of page intentionally left blank.] Public Packet ATTACHMENT B 34 of 79 IN WITNESS WHEREOF the parties have set their hands and seal on the date(s) below listed. ONEIDA NATION CITY OF GREEN BAY By: By: By: By: Tehassi Tasi Hill, Chairman Date: Lisa Liggins, Secretary Date: Eric H. Boulanger, Chief of Police Date: Seal of the Oneida Nation By: By: Eric Genrich, Mayor Date: Celestine Jeffreys, City Clerk Date: Andrew Smith, Chief of Police Date: Seal of the City of Green Bay Public Packet ATTACHMENT B 35 of 79 Appendix A ONEIDA RESERVATION MUNICIPALITY and ROAD MAP OLD 29 TRIAN GLE DR " ) VV 29 ¬ « 32 ¬ « LINSMEYER RD N. OVERLAND RD. DR WEST POINT RD. 54 ¬ « RICE RD. 54 ¬ « 172 « ¬ CR EE K RD FR EE DO M " ) 55 ¬ « FLORIST DR. AUSTIN STRAUBEL AIRPORT DU CK RD IN AR Y GOVERNMENT RANCH RD H GE " ) E " ) CR OO K WEST ADAM DR. RD FERNANDO DR C " ) TOWN RD. S. OVERLAND RD FISH CREEK ROAD MOORE RD. VINE RD. POPLAR RD. ROAD SE M VAN BOXTEL RD. OLD SEYMOUR RD. CULBERTSON RD U " ) EE " ) VANS RD ORLANDO DR DR ND PA CK ER LA McCABE RD. SECTION LINE RD. ADVENT RD. " )J CYRUS RD. NATHAN RD. BAIN RD. RAY RD WEST MASON ST. E PEARL ST FF " ) " )J S. PINETREE RD C.T.H. Y ROAD SMITH U " ) RI VE RD AL . HENN RD CTY LINE ROAD COOPER RD. OLSON RD TROUT CREEK RD PACKERLAND DR. PLAINVIEW RD SOUTH POINT RD REFORMATORY RD. HILLCREST DR. N. PINETREE RD. SUNLITE DR. SHADY LANE HANSON RD. ALBERS LUTHER DR RUEDEN BROWN COUNTY S " ) Legend Village of Ashwaubenon City of Green Bay Village of Hobart Oneida Reservation Village of Howard Duck Creek Town of Oneida Road Centerlines Town of Pittsfield GEOGRAPHIC LAND INFORMATION SYSTEMS N7332 Water Circle Place Oneida, Wisconsin (920) 869-1600 File: 11x17Munc-Rds.mxd Municipalities Date: Revised 04-27-10 Source: Photography April, 2014 - County Data Coordinate System: Wisconsin State Plane, Central Zone Lambert Projection, U.S. Foot Horizontal Datum: NAD83 Vertical Datum: Nav88 Public Packet ATTACHMENT B 36 of 79 Appendix B Revised 2-8-2021 PARCEL 6H-759 6H-759-3 6H-761 6H-765-1 6H-765-2 6H-765-2-1 6H-765-3 6H-766-1 6H-1018-1 6H-1035 6H-1035-1 6H-1035-2 6H-1066-1 6H-1066-4 6H-1069-2 6H-1069-5 6H-1096-2 6H-1110-4-C 6h-1110-4-E 6H-1118 6H-1119 6H-1119-1 6H-1121 6H-1121-2 6H-1121-5 6H-1122-3 6H-1122-9 6H-1125-1 6H-1125-5 6H-1127-10 6H-1131-1 6H-1137-5 6H-1137-14 6H-1137-19 6H-1139 6H-1140-2 6H-1140-4 6H-1148 6H-1150-3 6H-1154-1-1 6H-1155 6H-1155-1 6H-1155-5 6H-1156-1-1 6H-1156-11 6H-1156-12 6H-1156-2 6H-1160-3 6H‑1166‑1‑A LOCATION 3392 W MASON ST 3334 W MASON ST 3321 W MASON ST W MASON ST W MASON ST 3294 W MASON ST 3249 W MASON ST 1050 PLEASANT LN 431 HILLCREST DR 315-324 COUNTRY CLUB RD 316-326 COUNTRY CLUB RD 302 COUNTRY CLUB RD 315 COUNTRY CLUB RD 2700 KLEE ST 2602 INDIAN HILL DR 2590 INDIAN HILL DR 2370 W MASON ST 1219-1221 HOBART DR 2424-2426 BELLWOOD LN W MASON ST 2799 W MASON ST 2777 W MASON ST WEST POINT RD BROCOIN WY WEST POINT RD WEST POINT RD 2726 WEST POINT RD 2612 WEST POINT RD 2686 WEST POINT RD 1435 PACKERLAND DR 2436 WEST POINT RD 2597 W. MASON ST/1111 PACKERLAND 2659 W. MASON (strip mall) 2701 W MASON ST HILLCREST DR 926-928 GREEN RIDGE DR 1008-1010 GREENRIDGE DR 2860 W. MASON ST 1020 COUNTRY CLUB RD 2803 W MASON ST 1223 CRESTWOOD 2833 W MASON ST 2847 W MASON ST 1238 CRESTWOOD DR 1110 CRESTWOOD DR 1118 CRESTWOOD DR 1146 CRESTWOOD DR 3051 W. MASON 2892 WEST POINT RD Page 1 of 6 COMMENT(S) Residential home Residential home Residential home Log homes Memorial Wall Veteran's Park Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Oneida One Stop at Hinkle & W. Mason Rental Rental Chief Hill Dr homes 3 sisters park Rental Chief Hill Dr homes Chief Hill & Swamp Rd homes Chief Hill Dr homes Onu-Sla Way homes Residential home Residential home Residential home Residential home Residential home Four Paths (f/k/a Grand Central) Subway Big Bear Media DPW Garage Rental Rental Residential home Residential home Three Sisters Day Care Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Public Packet ATTACHMENT B PARCEL 6H-1166-2 6H-1168 6H-1168-2 6H-1168-10 6H-1182-1 6H-1183-4 6H-1184-1-A 6H-1184-3 6H-1194-B 6H-1206-1 6H-1219 6H-1219-6 6H-1223-2 6H-1223-D 6H-1224-3 6H-1224-8 6H-1226-1 6H-1227-2-2 6H-1227-8 6H-1228-2 6H-1237-2 6H-1252-2 6H-1264-1 6H-1264-2-2 6H-1264-2-A 6h-1267-10 6H-1267-13 6H-1268-1-1 6H-1269-7 6H-1270-1-2 6H-1270-1-3 6H-1430-K-12 6H-1487-A 6H-1487-B 6H-1491-2 6H-1494-4 6H-1497 6H-1500-3 6H-1500-4 6H-1501-1-D 6H-1501-2 6H-1502-5 6H-1503-1 6H-1507-5 6H-1508-M-28 6H-1508-M-12-1 6H-1508-M-48 6H-1529 6H-1554 6H-1547 6H-1548 37 of 79 LOCATION 1320 CRESTWOOD DR FERNDALE DR 2845 FERNDALE DR BROCOIN WY 3085 PAR CT 3089 W MASON ST 1235 HILLCREST DR 1143 HILLCREST DR 1509 HILLCREST 2190 SOUTH POINT RD 2426 OAKWOOD DR 2420 OAKWOOD 2535 WEST POINT RD 1520 EDGEHILL DR 2586 OAKWOOD DR 1821 PACKERLAND DR & 2582 OAKWOOD 2680 OAKWOOD DR 2742 HE-NIS-RA LN 2725 WEST POINT RD 2782 OAKWOOD DR 2576 HAZELWOOD LN 2795 HAZELWOOD LN 2449 WEST POINT RD 2442 OAKWOOD DR 2456 OAKWOOD 1503-1505 BEECH TREE DR 1502 BEECH TREE DR 2191-2193 WEST POINT TERRACE 2319 NINTH ST 1909 WOOD LN 1915 WOOD LN 2738 OAKWOOD DR 2571 OAKWOOD DR 2567 OAKWOOD DR 2532 HAZELWOOD LN 1915 BELMONT DR 2465 OAKWOOD DR 2415 SHADY OAK DR 2413 SHADY OAK DR 1924 WOOD LN 2420 SHADY OAK 2418 IRONWOOD 2420 HAZELWOOD LN 2484-2486 HAZELWOOD 1954 STRAWBERRY LN 2706 HAZELWOOD LN 1932 MULBERRY LN 2720-2722 KLEE ST 2713 KLEE ST 2666 OAKWOOD 2691 HE-NIS-RA LN Page 2 of 6 COMMENT(S) Residential home Rona Lane homes Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Rental Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Rental Residential home Rental Residential home Residential home Residential home Residential home Residential home Residential home Rental Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Rental Residential home Residential home Residential home Rental Residential home Residential home Residential home Public Packet ATTACHMENT B PARCEL 6H-1571 6H-1580 6H-1595 6H-1601 6H-1606 6H-1608 6H-1628 6H-1633 6H-1658 6H-1679 6H-1680 6H-1687 6H-1721-2 6H-1722 6H-1722-1 6H-1723 6H-1726 6H-1732-1 6H-1746-3 6H-1769 6H-1785 6H-1788 6H-1790 6H-1791 6H-1792 6H-1794 6H-1797 6H-1799 6H-1801 6H-1802 6H-1803 6H-1804 6H-1805 6H-1806 6H-1807 6H-1811 6H-1812 6H-1813 6H-1815 6H-1881 6H-1904 6H-1973 6H-1986 6H-1987 6H-2029 6H-2034 6H-2036 6H-2042 6H-2069 6H-2090 6H-2091 38 of 79 LOCATION 2105 NINTH ST 1438 SPRINGDALE LN 2041 RED OAK DR 2159 RED OAK DR 2258 RED OAK DR 1508 ACORN DR 2155 HUTSON RD 2035 LARSEN RD 2201 SHAMROCK LN 1330 HOBART DR 1338 HOBART DR 2291 NINTH ST 701-703 PACKERLAND DR 2522 W. MASON ST 2514 W MASON ST 2550 W. MASON ST 909 PACKERLAND DR 501 PACKERLAND DR 2630 W MASON ST 2642 FORESTVILLE DR 1406 BROCOIN WY 1330 BROCOIN WY 1310 BROCOIN WY 1309 BROCOIN WY 1313 BROCOIN WY 1327 BROCOIN WY 1401 BROCOIN WY 2716 RAMADA LN 1338 BAUMGART RD 1334 BAUMGART RD 1328 BAUMGART RD 1320 BAUMGART RD 1314 BAUMGART RD 1308 BAUMGART RD 1309 BAUMGART 1335 BAUMGART RD 1339 BAUMGART RD 1401 BAUMGART RD 1416 HOBART DR 2464 HE-NIS-RA LN 2498 VALIANT LN 2580 ZAK LN 1936 EVERBREEZE RD 1946 EVERBREEZE RD 2502 LAREDO LN 2534 LAREDO LN 2546 LAREDO LN 1200 ELDORA LN 2567-2569 TROJAN DR 2050 OAKWOOD 2070 OAKWOOD COMMENT(S) Residential home Residential home Residential home Residential home Residential home Residential home former Accounting Bldg. Macco Flooring Residential home Residential home Residential home Residential home Rental Casino Casino Bay Bank Skenandoah Complex Oneida One Stop/ Market Judicial Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Rental Residential home Residential home Page 3 of 6 Public Packet ATTACHMENT B PARCEL 6H-2135 6H-2156 6H-2165 6H-2195 6H-2196 6H-2182 6H-2189 6H-2206 6H-2208 6H-2209 6H-2236 6H-2244 6H-2254 6H-2255 6H-2266 6H-2269 6H-2275 6H-2334 6H-2340 6H-2354 6H-2363 6H-2398 6H-2451 6H-2453 6H-2469 6H-2472 6H-2606 6H-2621 6H-2627 6H-2654 6H-2657 6H-2662 6H-2666 6H-2668 6H-2670 6H-2707 6H-2711 6H-2717 6H-2726 6H-2728 6H-2729 6H-2730 6H-2734 6H-2737 6H-2739 6H-2740 6H-2767 6H-2770 6H-2773 6H-2774 6H-2776 39 of 79 LOCATION 1615 ST. CHROSTOPHER CT 2536 CHERRYWOOD LN 2577 CHERRYWOOD 2572 ZAK LN 2564 ZAK LN 2440 W MASON ST 2550-2552 HAZELWOOD LN 1801-1803 PACKERLAND DR 1715-1717 PACKERLAND DR 1705-1707 PACKLERLAND DR 2564 ST. STEVEN CT 2566 HE-NIS-RA LN 2776 CANDLE LN 1949 CANDLE WAY 2778 CANDLE CT 1956 CANCLE WAY 1967 SOUTH POINT RD 220 SEMINOLE LN 2660 SHAG BARK LN 2664 SEQUOIA LN 1233 CRESTWOOD DR 2443 PARKWOOD 2523-2525 DUNBAR LN 1965-1967 BELMONT DR 2046-2048 PACKERLAND DR 2024-2026 PACKERLAND DR 715 GREEN RIDGE DR 820 GREEN RIDGE DR 729 ROLLING GREEN 3110 EAGLE TERRACE 3131 EAGLE TERRACE 540 ROLLING GREEN DR 604 ROLLING GREEN DR 3144 DAYS END 716 ROLLING GREEN DR 2069-2071 PACKERLAND DR 3095 SANDIA DR 1327 OASIS DR 3076 FERNDALE DR 3068 FERNDALE DR 3064 FERNDALE DR 3060 FERNDALE DR 3032 FERNDALE DR 13509 MIRAGE 1340 MIRAGE DR 1330 MIRAGE DR 1328-1330 LACOUNT RD 1334-1336 LA COUNT RD 1405 MIRAGE DR 1415 MIRAGE DR 1410-1412 LA COUNT RD Page 4 of 6 COMMENT(S) Residential home Residential home Residential home Residential home Residential home Subway in Walmart Rental Rental Rental Rental Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Rental Rental Rental Rental Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Rental Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Rental Rental Residential home Residential home Rental Public Packet ATTACHMENT B PARCEL 6H-2781 6H-2784 6H-2786 6H-2790 6H-2793 6H-2819 6H-2831 6H-2834 6H-2856 6H-2871 6H-2874 6H-2928 6H-2928-1 6H-2929-1 6H-2935 6H-2945 6H-2947 6H-2948 6H-2949 6H-2951 6H-2954 6H-2964 6H-2967 6H-2968 6H-2970 6H-2973 6H-2982 6H-2983 6H-2984 6H-2986 6H-2991 6H-2994 6H-3006 6H-3016 6H-3018 6H-3027 6H-3048 6H-3077 6H-3079 6H-3084 6H-3115 6H-3118 6H-3154 6H-3167 6H-3221 6H-3256 6H-3240 6H-3259 6H-3261 6H-3274 6H-3323 40 of 79 LOCATION 3033 FERNDALE DR 3045 FERNDALE DR 3053 FERNDALE DR 3081 FERNDALE DR 3097 FERNDALE DR 3020 WEST POINT RD 2966 FERNDALE DR 1399 SANDHILL DR 2949 FERNDALE DR 3033 FERNDALE DR 1405 DANCING DUNES DR 1329 LA COUNT RD 1331 LA COUNT RD 1319 LA COUNT RD 2980-2982 SUNSHINE PL 1231-1233 SHEPHERDS PATH 3034-3036 CACTUS CT 1205 SHEPHERDS PATH 1197 SHEPHERDS PATH 1145 SHEPHERDS PATH 3036 SUMMER PL 3065 SUMMER PL 1146 SHEPHERDS PATH 3062 SUNDANCE AV 3072 SUNDANCE AV 3090 SUNDANCE 1206 SHEPHERDS PATH 1210 SHEPHERDS PATH 3062 CACTUS AV 3070 CACTUS AV 3095 CACTUS AV 3075 CACTUS AV 1235-1237 WESTERN MEADOWS DR 1230 WESTERN MEADOWS DR 3116 SANDIA DR 1145 SANDSTONE PL 2480 N. CHICKADEE 996 SQUARE TERRACE 1008-1010 SQUARE TERRACE 3049-3051 WEDGE CT 3018 SUMMER PL 3080 PAR CT 2151 KING JAMES 2760 INDEPENDENCE DR 1700 KALAHARI DR 2690 CORMIER RD 1520 DANCING DUNES DR 2175 WOODCREST DR 2163 WOODCREST DR 2160 WOODCREST DR 2750 YORKTOWN Page 5 of 6 COMMENT(S) Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Rental Rental (3036) Rental & (3034) ownership Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Rental Residential home Residential home Residential home Residential home Residential home rental Rental Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Public Packet ATTACHMENT B PARCEL 6H-3331 6H-3332 6H-3338 6H-3416 6H-3477 6H-3523 6H-3524 6H-3527 6H-3542 6H-3369 6H-3550 6H-3597 6H-3641 6H-3644 6H-3645 6H-3687 6H-3698 6H-3655 6H-3769 6H-3785 6H-3843 6H-3968 6H-3969 6H-4050 6H-4088 6H-4119 6H-4142 6H-4155 41 of 79 LOCATION 2069 CANDLE WAY 2059 CANDLE WAY 2011 CANDLE WAY 2119-2121 PACKERLAND 2179 SOUTH POINT RD 3105 SANDIA DR 3107 SANDIA DR 1315 SANDSTONE DR 3140 SUNLAND CI 2924 SANDIA DR 2924 SANDIA DR 2946-2948 SORENSON DR 2995 SORENSON 1199 LA COUNT RD 1205 LA COUNT RD 2880 ANTLER TRAIL 2960 FLEETWOOD 2081 SUGAR MAPLE CT 2970 SORENSON DR 2488 SHADY OAK DR 610 NIGHT CT 1820 NOBLEMEN CT 1818 NOBLEMEN CT 2075 WINTERCRESS 2106 SUGAR MAPLE CT 2855 OGDAN WOOD SR 3157 WEST POINT RD 3011 WEST POINT RD COMMENT(S) Residential home Residential home Residential home Residential home Individual Trust Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Residential home Page 6 of 6 Public Packet From: Sent: To: Subject: Attachments: 42 of 79 Melinda J. Danforth Thursday, February 25, 2021 8:37 AM BC_Agenda_Requests@oneidanation.org FW: CGA Term Oneida Nation_COGB_Cooperative Governance Agreement REDLINED 2.24.21.docx I would like to include this in the BC packet as a counterproposal from the City of Green Bay. The only change is reducing the term of the agreement from 15 years to 10 years with two automatic renewals (the renewal language hasn’t changed). Melinda J. Danforth, Director Intergovernmental Affairs Oneida Nation P.O. Box 365 Oneida, WI 54155 Phone: (920) 869‐4022 Cell: (920) 562‐0290 Fax: (920) 869‐4040 Email: mdanforj@oneidanation.org 1 Public Packet 43 of 79 COOPERATIVE GOVERNANCE AGREEMENT BETWEEN THE ONEIDA NATION AND THE CITY OF GREEN BAY THIS AGREEMENT, by and between the ONEIDA NATION (the “Nation”), a federally recognized treaty tribe organized under the laws of the United States, and the CITY OF GREEN BAY (the “City”), a municipal government organized under the laws of the State of Wisconsin (each a “party” and collectively, the “parties”), WITNESSETH: WHEREAS, the Nation and the City have been good neighbors and desire the spirit of cooperation between the two governments to continue; and WHEREAS, the Oneida Reservation was established pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and encompasses approximately 65,400 acres; and WHEREAS, the boundaries of the Oneida Reservation and the boundaries of the City overlap, and portions of the City are within the Oneida Reservation; and WHEREAS, the Nation owns fee title to parcels of land located within the City, and the Nation may apply to have such parcels taken into trust by the United States; and WHEREAS, the United States holds title to parcels of land within the City in trust for the benefit of the Nation; and WHEREAS, both the Nation and the City provide services which benefit properties, residents, and the community within the Oneida Reservation and the City; and WHEREAS, the services provided by the Nation and the City complement each other and are not intended to create duplication of services; and WHEREAS, the City derives revenue from the taxation of real property, among other things; and WHEREAS, lands held in trust by the United States for the benefit of the Nation are exempt from taxation under federal law due to the Nation’s status as a sovereign; and WHEREAS, the Nation and the City enjoy a relationship of mutual trust and respect; and 1 Public Packet 44 of 79 WHEREAS, both the Nation and the City exercise jurisdiction and provide governmental services within their respective territories, and both the Nation and the City recognize the importance of collaborative efforts to enhance governmental services and to mitigate costs associated with providing governmental services; and WHEREAS, the officers and officials of the City have a duty to uphold the laws of the United States and the State of Wisconsin, including complying with the terms of the 1838 Treaty; and WHEREAS, it is mutually beneficial to the parties to put their understandings in writing; The Nation and the City hereby agree to the following terms and conditions: 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the following meanings: a. “Class III Gaming” has the meaning ascribed to it in the Indian Gaming Regulatory Act, 25 U.S.C. § 2703(8). b. “Gaming Compact” means the agreement entered into by the Nation and the State of Wisconsin pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq., for the conduct of Class III Gaming on the Nation’s Indian lands within the State of Wisconsin, and all amendments to such agreement. c. “Oneida Reservation” or “Reservation” means the land set aside for the use and occupancy of the Nation and its Members pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, encompassing approximately 65,400 acres, and any lands added thereto pursuant to federal law. d. “Tribal Fee Land” means land to which the Nation holds title in fee simple. e. “Tribal Land” means Tribal Fee Land on the Reservation and Tribal Trust Land. f. “Tribal Member” or “Member” means a duly enrolled member of the Nation. g. “Tribal Trust Land” means land to which the United States holds title for the benefit of the Nation pursuant to federal law. h. 2. “Year” means the fiscal year beginning on October 1st of a given calendar year and ending on September 30th of the following calendar year. TERM. The term of this Agreement shall be fifteen ten (150) years, commencing on the date the Agreement is executed by both parties, and ending on December 31, 20350, and shall automatically renew for successive five (5) year terms. 2 Public Packet 45 of 79 3. LAW ENFORCEMENT MUTUAL AID. The Oneida Police Department and the Green Bay Police Department will provide mutual aid in the form of back-up/secondary assistance for police, ambulance, emergency medical or rescue services (“Mutual Aid”). The conditions under which Mutual Aid shall be provided are set forth in full in Attachment B, which the parties may from time to time amend. 4. INTERGOVERNMENTAL COOPERATION. The parties agree to work collaboratively to the greatest extent possible in order to foster positive intergovernmental relationships, achieve common goals, and realize efficiencies in the delivery of programs and services, including but not limited to the following efforts: a. Point of Contact. The parties hereby designate the following representatives as points of contact who shall have primary responsibility for ensuring compliance, receiving notice, and ensuring continued participation under this Agreement: City of Green Bay: Oneida Nation: Chief of Staff City of Green Bay 100 North Jefferson St., Rm 200 Green Bay, WI 54313 Tribal Secretary Intergovernmental Affairs Director Oneida Nation P.O. Box 365 Oneida, WI 54155 A party may only change its designated Point of Contact by providing written notice to the other party. b. Information Sharing. The parties will collaborate on mapping and share data bases concerning issues of mutual interest and concern, including but not limited to parcel information, zoning, land use, land ownership status, census information, archeological/historical background (with appropriate limitations on culturally sensitive sites and public access), utilities, roads and rights of way, etc. c. Resource Sharing. The parties agree to make equipment, supplies, and other physical assets available to each other on an at-cost or in-kind basis when permissible and feasible in order to facilitate the delivery of governmental services and to promote the common good. d. Cost Mitigation. The parties will actively explore ways to conserve resources through cooperation and agree to accept and review proposals from each other regarding potential cost saving measures related to the delivery of governmental programs and services. e. Grants and Funding Sources. The parties agree to support each other in seeking grants and other sources of funding, and agree, to the extent feasible, to share knowledge and expertise regarding grant opportunities and grant writing. 3 Public Packet 46 of 79 f. Legislative Initiatives. The parties agree to share information regarding legislative initiatives on matters of mutual concern and in which their interests coincide, and each party agrees to consider the interests of the other party in determining whether to support or oppose legislative proposals. g. Environmental Protection. The parties each provide programs and services which protect the environment and promote human health and agree to coordinate such activities to the extent possible and to work together on public education, stormwater management, responses to spills, clean sweep programs, and the like. h. Departmental Meetings. Each party will identify a contact person to facilitate meetings between corresponding departmental staff of the parties in order to identify issues of concern, address emergent issues, and promote intergovernmental cooperation. The parties’ contact persons are listed in Attachment A, which the parties shall update from time to time as necessary, but not less than annually. i. Liaisons. Each party will identify representatives to serve as liaisons to relevant boards, committees and commissions of the other party for the purpose of facilitating communication. The parties’ liaisons are listed in Attachment A, which the parties shall update from time to time as necessary, but not less than annually. 5. BAY BEACH WILDLIFE SANCTUARY. The mission of the City’s Bay Beach Wildlife Sanctuary (the “Sanctuary”) is: “To provide an urban wildlife refuge where people can interact with wildlife, plants and other natural resources through environmental education and recreation.” This mission corresponds with and complements the Nation’s goals of protecting and enhancing the natural environment. Despite the City’s ongoing commitment and efforts to maintain the Sanctuary, additional capital improvements, education, and services are necessary to enable the Sanctuary to fulfill its mission. In recognition of the mutual benefit of the Sanctuary to the community, the Nation agrees to make a one-time payment of $150,000 to further the mission of the Sanctuary. 6. NEIGHBORHOOD LAND USE a. The Oneida Code of Laws contains zoning, building, nuisance, and other land use regulations (“Land Use Regulations”) which are applicable to the Nation, Tribal Members, and individuals and businesses leasing, occupying or otherwise using Tribal Land. City ordinances addressing Land Use Regulations do not apply to the Nation or Tribal Members on the Reservation. b. The parties agree to work together to improve neighborhood services and recognize that communication between the parties is the best way to achieve this goal. The parties shall each identify a contact person responsible for communication regarding land use regulation issues, and Tribal staff and City staff shall meet quarterly. 4 Public Packet 47 of 79 c. The City agrees to refer land use regulation issues concerning the Nation, Tribal Members, and individuals and businesses leasing, occupying or otherwise using Tribal Land to the Nation’s contact person and appropriate tribal staff. The Nation agrees to refer neighborhood peace and safety issues concerning nonmembers on nontribal land to the City’s contact person and appropriate city staff. d. The parties’ contact persons and staff members are listed in Attachment A, which the parties shall update from time to time as necessary, but not less than annually. 7. PUBLIC IMPROVEMENTS. a. Residential Street Improvements. The City does not currently assess property owners the cost of residential street repairs. Instead, the City collects a vehicle registration tax (“Wheel Tax”) in lieu of the assessments for street improvements on residential properties. The Annual Payment under section 8 below covers the cost of all residential street improvements benefitting Tribal Land. In the event the City in the future assesses the cost of street improvements on residential properties, the Nation will pay the actual proportional cost of all such improvements benefitting Tribal Land in the same manner as provided for in subsection (b) below, and all amounts paid by the Nation for such improvements shall be credited against the Annual Payment for the year in which they are paid. b. To the extent the City assesses the cost of public improvements against properties benefitted by such improvements, the Nation agrees to pay the actual, proportional cost of all public improvements benefitting Tribal Land including, but not limited to, grading, graveling, storm and sanitary sewer and laterals, water mains and laterals, sidewalks, paving and relays, reconstructions, overlays or repairs thereof, to the same extent and on the same basis as such costs are charged to other property owners. The Nation agrees to pay those costs in accordance with the following procedure: The City will not take any action to levy assessments for such improvements but will inform the Nation of the proposed improvement and the estimated cost thereof not less than thirty (30) days prior to commencement of the project. The City agrees to give due consideration to all comments which the Nation may submit regarding the project. The City will bill the Nation the cost of any such street improvement attributable to the Tribal Land upon completion of such improvement. The Nation will pay such bill in full within thirty (30) days of receipt thereof. 8. COMPENSATION. a. Annual Payment. In consideration of the services provided by the City, and the promises and agreements stated herein, the Nation shall make an annual payment (the “Annual Payment”) to the City in accordance with the following schedule: 2021 2022-2025 $322,192 $525,000 5 Public Packet 48 of 79 2026-2030 2031-2035 $575,000 $625,000 On or before January 31, 2035, the parties shall enter into good faith negotiations regarding the amount of the Annual Payment for 2036 and following years. Either party may request peacemaking and/or non-binding mediation to facilitate such negotiations, and the parties shall thereafter engage in such peacemaking and/or mediation. Disagreements about the amount of the Annual Payment for 2036 and following years shall not be subject to arbitration. In the event the parties cannot agree on the amount of the Annual Payment for 2036 and following years by December 31, 2035, either party may terminate this agreement by providing written notice of termination to the other party. The Nation may make Annual Payments in the form of cash or cash equivalents, inkind and non-monetary contributions, cooperative governance project payments, and payments for residential street improvements under section 7 above, provided that the Nation shall make a payment of at least $300,000 annually in the form of cash or cash equivalents. b. In-Kind and Non-Monetary Contributions. The value of rights, goods and services which the Nation provides or transfers to the City shall be counted as part of the Annual Payment, provided the City accepts and agrees to such in-kind and nonmonetary contributions. In-kind and non-monetary contributions shall be valued at the fair market value of the rights, goods or services, or the actual price paid by the Nation to acquire the rights, goods or services. For example, if the Nation acquires and transfers ownership of $100,000 in firefighting equipment to the City in March 2030, the Nation shall receive a credit of $100,000 against the Annual Payment for that year. Under no circumstances shall Nation’s internal costs be considered to be in-kind or non-monetary contributions. c. Cooperative Governance Project Payments. Payments directly to a vendor or agency as part of a joint or cooperative project between the City and Nation shall be counted as part of the Annual Payment. The Nation shall receive a dollar-for-dollar credit for all expenditures made by the Nation in furtherance of such projects. For example, if the Nation pays $100,000.00 to fund cooperative governance projects in March 2030, the Nation shall receive a credit of $100,000.00 against the Annual Payment for that year. Cooperative Governance Projects. Cooperative governance projects are intended to facilitate or enhance governmental services and/or to promote economic development. By way of illustration but not limitation, cooperative governance projects may include: the construction, maintenance, and repair of roads, bridges, pedestrian pathways, and related infrastructure; the construction, maintenance, and repair of storm sewers, storm water treatment facilities, and related infrastructure; the construction, maintenance, and repair of buildings, public facilities, and related infrastructure; the purchase of land; the procurement of leases, easements, or rights- 6 Public Packet 49 of 79 of-way; and the purchase of machinery, equipment, and tools; contracted lobbying services for the benefit of the City; contracted grant-writing services for the benefit of the City. Cooperative Governance Project Team. Each party shall designate three (3) representatives to serve on a cooperative governance project team which shall be responsible for identifying, planning, bringing forward for approval, and overseeing the implementation of cooperative governance projects. The cooperative governance project team shall meet as frequently as necessary, and in no event fewer than four (4) times/year. With respect to each approved project, the cooperative governance project team shall determine the amount of credit to which the Nation shall be entitled for cooperative governance project payments and in-kind and non-monetary contributions to fund or facilitate the project. The parties’ cooperative governance team members are listed on Attachment A, which the parties shall update from time to time as necessary, but not less than annually. d. Invoices and Payment. On or before February 1st of each year, the City will submit an invoice to the Nation reflecting the Annual Payment for that year. In the event the Nation disputes the invoice, the Nation shall initiate the dispute resolution procedures set forth in section 10 below within thirty (30) days of receipt of the invoice. On or before September 30th, the Nation shall pay the Annual Payment less any amounts taken as credits for in-kind and non-monetary contributions, cooperative governance project payments, and payments for residential street improvements, and shall itemize the amounts of such credits in writing. In the event the City disputes the amounts taken as credits by the Nation, the City shall initiate the dispute resolution procedures set forth in section 10 below within thirty (30) days. e. Suspension of Payments. In the event of a Change in Circumstances which affects the Nation’s ability to make Annual Payments, the Nation may suspend payment until such time as the Change in Circumstances has abated, and thereafter shall pay the suspended Annual Payment(s) in three equal annual installments beginning in the year after the Change in Circumstances has abated or as the parties may otherwise in writing agree. If the Change in Circumstances persists in excess of one (1) year, either party may terminate this Agreement upon written notice to the other party; provided, however, that the obligation to pay the Annual Payment shall not be affected until termination, and all amounts accruing prior to termination shall remain due. The parties shall thereafter enter into good faith discussions regarding the possibility of entering into a successor agreement. For purposes of this subsection 8(e), Change in Circumstances includes: (1) impairment of the Nation’s ability to conduct Class III gaming at the locations at which the Nation currently conducts such gaming due to adverse court decision(s), acts of God, or otherwise; (2) shutdown of the federal government lasting three months or more; and (3) economic recession defined as lasting two quarters or more. A party may not terminate this Agreement 7 Public Packet 50 of 79 pursuant to this section 8(e) unless payments have been suspended due to a Change in Circumstances, and the Change in Circumstances persists in excess of one (1) year. f. Repayment by City. In the event the Nation serves written notice of dispute on the City under subsection 10(a) below alleging the City has materially breached the terms of this Agreement, the Nation’s obligation to make Annual Payments shall continue pending resolution of the dispute pursuant to the procedures outlined in section 10 below. If an Arbitration Panel empaneled pursuant to subsection 10(d) below determines the City has materially breached or is materially breaching the terms of this Agreement, the City shall repay to the Nation those amounts paid under subsection 8(a) above and return any in-kind and non-monetary contributions received under subsection 8(b) above, from the date of service of the written notice of dispute to the date of the Arbitration Panel’s determination, order and/or judgment. The requirements of this subsection 8(f) shall not apply to any Cooperative Governance Projects Payments identified in subsection 8(c) above, which projects the parties agree are mutually beneficial to the City and Nation. In addition, if the City does not cure such breach within fifteen (15) days of such determination, order and/or judgment, the Nation may terminate this Agreement pursuant to section 13 below and thereupon shall not be required to make any payments to the City. For purposes of this subsection 8(f), any violation by the City of the provisions of section 9 below shall be deemed to be a material breach of this Agreement. 9. LAND INTO TRUST. a. When the Nation acquires fee title to land located within the City, the Nation will notify the City of the acquisition and the following information: 1) the street address, 2) the tax parcel number(s), 3) the acreage, 4) the current use of the land, and 5) the Nation’s proposed use of the land. Upon receiving such notice, the City may request a meeting and the parties shall thereafter meet to discuss any issues or matters raised by the City pertaining to that parcel. b. At least sixty (60) days prior to submitting an application to have land within the City taken into trust, the Nation will send notice to the City which includes the following information: 1) the street address, 2) the tax parcel number(s), 3) the acreage, 4) the current use of the land, 5) the Nation’s proposed use of the land after trust acquisition, and 6) any proposed development or improvements to the land. Within thirty (30) days of receiving such notice, the City shall identify in writing any issues or matters pertaining to the land, and the parties shall thereafter meet within ten (10) days, or at any other time mutually agreeable, to discuss such issues or matters. Prior to submitting the application, the Nation shall inform the City in writing of any measures it may take to address any issues or matters raised by the City. After sixty (60) days have elapsed from the date of the Nation’s notice to the City, the Nation may file the application, and shall clearly identify in the application any unresolved issues or matters, any actions taken or proposed to be taken by the Nation to address the issues or matters, and any final positions taken by the City or the Nation with 8 Public Packet 51 of 79 regard to the unresolved issues or matters. Either party may thereafter request mediation or peacemaking to attempt to resolve the issues or matters, and the parties shall engage in such mediation or peacemaking. This subsection 9(b) shall not apply to any applications filed by the Nation prior to the effective date of this Agreement. c. The City will not oppose applications by the Nation to have land taken into trust during the term of this Agreement if the following criteria are satisfied: 1) the Nation has held fee title to the land in question for a period of three (3) years or more prior to the date of the application; or prior to the Nation’s acquisition, a tax exempt entity held title to the land in question; 2) the Nation has met its obligations under subsection 9(b) above with respect to the application in question; and 3) the Nation has not been determined to be in material noncompliance with the terms of this Agreement pursuant to the dispute resolution procedures set forth in subsection 10(d) below; or if the Nation has been determined to be in material noncompliance with the terms of this Agreement pursuant to the dispute resolutions procedures set forth in subsection 10(d) below, such noncompliance has been cured or corrected. If these criteria are not satisfied, the City may object to the application as provided for in 25 C.F.R. Part 151. Notwithstanding the foregoing, in no event shall the City challenge the authority of the Secretary of the United States Department of the Interior to take land into trust for the benefit of the Nation on the grounds the Nation allegedly was not under federal jurisdiction in 1934 or otherwise. d. If a representative of the City, in his or her official or personal capacity, submits an objection to the United States Bureau of Indian Affairs or other responsible federal agency regarding an application for trust acquisition of Tribal Fee Land which meets the criteria listed in subsection 9(c) above, the City will as soon as practicable submit appropriate correspondence to the United States Bureau of Indian Affairs or other responsible federal agency attesting that the objector does not represent the interests of the City or have authority to speak on the City’s behalf. In addition, if a representative of the City, in his or her official or personal capacity, appeals a notice of decision or other determination issued by the Bureau of Indian Affairs or other responsible federal agency to place into trust Tribal Fee Land which meets the criteria listed in subsection 9(c) above, the City will as soon as practicable file appropriate pleadings or correspondence with the Interior Board of Indian Appeals or other responsible hearing body attesting that appellant does not represent the interests of the City or have authority to speak on the City’s behalf. e. Upon execution of this Agreement and in consideration of the promises and payments identified herein, the City shall withdraw any and all objections it has submitted to the Bureau of Indian Affairs or Department of the Interior regarding the Nation’s applications to have land placed into trust, and shall withdraw and move for the immediate dismissal with prejudice of any and all appeals it has filed with the Interior Board of Indian Appeals of notices of decision to place land into trust for the Nation. 9 Public Packet 10. 52 of 79 DISPUTE RESOLUTION. a. Negotiation. If either party believes the other has failed to comply with the requirements of this Agreement, or if a dispute arises over the proper interpretation of any provision of this Agreement, then either party may initiate negotiation by serving a written notice on the other identifying the specific provision or provisions of the Agreement in dispute and specifying in detail the factual basis for any alleged noncompliance and/or the interpretation of the provision of the Agreement. Within thirty (30) days of service of such notice, representatives designated by each party shall meet in an effort to resolve the dispute through negotiation. b. Peacemaking. If either party believes the other has failed to comply with the requirements set forth in this Agreement, or if there is a dispute over the proper interpretation of any provision of this Agreement, the parties may agree in writing to attempt to settle the dispute through peacemaking. c. Mediation. If either party believes the other has failed to comply with the requirements set forth in this Agreement, or if there is a dispute over the proper interpretation of any provision of this Agreement, and peacemaking has been unsuccessful, the parties may agree in writing to attempt to settle the dispute by nonbinding mediation. d. Arbitration. If a dispute is not resolved within one hundred twenty (120) days of service of the notice provided for in subsection (a) above, either party may serve on the other a written demand for arbitration, and the dispute shall thereafter be resolved by arbitration which shall be conducted in conformance with the rules set forth below and such other rules as the parties may in writing agree. i. Arbitration Panel. Each party shall appoint one arbitrator. The two partyappointed arbitrators shall then appoint a third arbitrator, and the three arbitrators shall constitute the panel. ii. Cost of Arbitration. The cost of arbitration shall be borne equally by the parties, with one-half (1/2) of the cost charged to the Nation and one-half (1/2) of the cost charged to the City, and each shall bear its own expenses. e. Limited Waiver of Immunity. The City and the Nation specifically waive sovereign immunity and consent to suit in Brown County Circuit Court solely for the limited purposes of compelling arbitration in accordance with the provisions of this Agreement or enforcement of any arbitration award rendered pursuant to this Agreement. 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes all prior oral and written agreements between the parties on the subjects addressed herein. 10 Public Packet 53 of 79 12. AMENDMENT. Either party may propose amendments to this Agreement at any time. No amendment or modification of this Agreement will be effective unless the amendment or modification is reduced to writing and agreed to and executed by both parties. The parties may agree to non-binding mediation for disputes regarding proposed amendments, but such disputes shall not otherwise be subject to dispute resolution or arbitration. 13. TERMINATION. This Agreement may be terminated only in one of the following ways: 1) this Agreement will immediately terminate and cease to be effective in the event the City no longer provides services to the Nation; 2) this Agreement will immediately terminate and cease to be effective in the event the Nation for any reason ceases to conduct Class III Gaming pursuant to a Gaming Compact with the State of Wisconsin; 3) the parties may terminate this Agreement by mutual agreement, provided that such agreement is reduced to writing and signed by both parties, and 4) either party may terminate this Agreement by serving written notice of termination in accordance with subsection 8(a) above; 5) either party may terminate this Agreement by serving written notice of termination pursuant to subsection 8(e) above; and 6) either party may terminate this Agreement by serving written notice of termination on the other party in the event an Arbitration Panel determines the other party has materially breached the terms of this Agreement and the other party does not immediately cure such breach. Upon termination, neither party shall have any further obligation under this Agreement, except that the provisions of section 10 above shall survive termination of this Agreement. 14. NOTICE. Notice provided by a party under this Agreement must be in writing sent by either e-mail, read receipt requested, or certified mail, return receipt requested, to the appropriate representative(s) of the other party as set forth in Attachment A. 15. SEVERABILITY. If any provision of this Agreement is determined to be invalid under the laws of the United States, the Nation or the State, such invalidity will not affect the validity of the remaining provisions of this Agreement. 16. PRESERVATION OF JURISDICTION. Nothing in this Agreement is intended to be a grant of jurisdiction from one party to the other. This Agreement is not intended to alter the existing jurisdiction of any party, and by approving this Agreement, neither party is agreeing or conceding to any jurisdiction of the other party which would not otherwise exist under the law. 17. NO THIRD-PARTY BENEFICIARIES. This Agreement is made and entered into for the sole protection and benefit of the Nation and the City, and is not intended to create any right, benefit, obligation, or cause of action, whether direct or indirect, for any person or entity not a signatory to this Agreement. 18 CHOICE OF LAW. This Agreement shall be construed in accordance with the laws of the State of Wisconsin. 11 Public Packet 54 of 79 IN WITNESS WHEREOF the parties have set their hands and seal on the date listed below. ONEIDA NATION CITY OF GREEN BAY By: By: Tehassi Tasi Hill, Chairman Date: By: Eric Genrich, Mayor Date: By: Lisa Liggins, Secretary Date: Celestine Jeffreys, Clerk Date: Seal of the Oneida Nation Seal of the City of Green Bay 12 Public Packet 55 of 79 Oneida Business Committee Agenda Request Approve the Law Enforcement Response and Mutual Assistance Agreement between the Oneida Nation.. 1. Meeting Date Requested: 03 / 02 / 21 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: New Business Accept as Information only Action - please describe: The Oneida Nation and the City of Green Bay Mayor have in full faith negotiated a Cooperative Governance Agreement and Law Enforcement Response & Mutual Assistance Agreement. At the December 15, 2020 Business Committee Work Session, the Business Committee agreed to move these agreements forward with some changes. A review occurred at the January 13, 2021 Business Committee meeting and final draft agreements have been finalized and being presented to the Business Committee for consideration of approval. 3. Supporting Materials Report Resolution Contract Other: 1. Mutual Assistance Agreement 3. IGAC Memorandum to the Business Committee 2. Legal Review 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Melinda J. Danforth, IGAC Director of Intergovernmental Affairs Primary Requestor/Submitter: Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 56 of 79 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: See attached memorandum. Requested Action: 1. Approve the Oneida Nation and City of Green Bay Law Enforcement Response and Mutual Assistance agreement and a limited waiver of sovereign immunity. 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 57 of 79 Oneida Nation Intergovernmental Affairs and Communications MEMORANDUM TO: Business Committee FROM: Melinda J. Danforth, IGAC Director DATE: March 2, 2021 SUBJECT: Oneida Nation/Green Bay Cooperative Governance and Mutual Aid Agreement Formally requesting the Business Committee’s consideration of the Oneida Nation/City of Green Bay Cooperative Governance and Mutual Aid Agreements. Background In 2009, the Oneida Nation entered into a service agreement with the City of Green Bay. In that era, the Nation was compensating the City under a “payment in lieu of taxes” philosophy under which the Nation paid the City for services provided to trust properties and received credits for services provided by the Nation. In 2016, and after disingenuous negotiations on the City’s part, the City terminat [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%3Aa1439acee1d96c74. Public record. Not legal advice.