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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Meeting Materials October 25, 2017
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 239 pages are the Open Session meeting materials presented at a
meeting duly called, noticed and held on the 25th day of October, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Public Packet
Page 1 of 237
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, October 24, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, October 25, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I. CALL TO ORDER AND ROLL CALL
II. OPENING
A. Special Recognition for years of service – Twenty-five (25) Oneida Nation employees
Sponsor: Geraldine Danforth, Area Manager/Human Resources Dept.
III. ADOPT THE AGENDA
IV. OATHS OF OFFICE
A. Pardon & Forgiveness Screening Committee – Jeanette Archiquette-Ninham
B. Anna John Residential Centered Community Board – Joshua Hicks
C. Finance Committee Community Elder Position – Shirley Barber
V. MINUTES
A. Approve October 11, 2017, regular meeting minutes
Sponsor: Lisa Summers, Tribal Secretary
B. Approve October 13, special meeting minutes
Sponsor: Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of October 25, 2017
Page 1 of 5
Public Packet
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VI. RESOLUTIONS
A. Adopt resolution entitled Zero Suicide Initiative
Requestor: Mari Kriescher, Director/Oneida Behavioral Health
Sponsors: Ravinder Vir, Medical Director/Comprehensive Health; Debra Danforth, Division
Director/Comprehensive Health – Operations
B. Adopt two (2) resolutions regarding State Street Bank and Trust Company agreement – file
# 2017-1250
Sponsor: Larry Barton, Chief Financial Officer
1. Resolution entitled Appointing State Street Bank and Trust Company to Act as Trustee
for the Oneida Nation Enterprise 401(k) Plan
2. Resolution entitled Appointing State Street Bank and Trust Company to Act as Trustee
for the Oneida Nation Governmental 401(k) Plan
C. Adopt resolution entitled Opposition to 2017 Senate Bill 395 Regulation and of Nonferrous
Metallic Mineral Prospecting and Mining
Sponsor: Tehassi Hill, Tribal Chairman
D. Adopt resolution entitled Fiscal Years 2019 to 2022 Triennial Strategic Fiscal Planning
Sponsor: Trish King, Tribal Treasurer
E. Adopt resolution entitled Third Extension of the Effective Date of the Community Support
Fund Law
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
VII. STANDING COMMITTEES
A. Finance Committee
Chair: Trish King, Tribal Treasurer
1. Approve October 16, 2017, Finance Committee meeting minutes
VIII. NEW BUSINESS
A. Approve Power Purchase Agreement between Oneida Nation and Oneida Nation Solar
LLC. – file # 2017-0873
Requestor: Michael Troge, Project Manager
Sponsor: Ernie Stevens III, Councilman
B. Schedule a special executive Business Committee meeting on December 15, 2017, at 9:00
a.m. for the purpose of reviewing and approving Year End Financial Statements from RSM
US and forward to the Annual GTC meeting
Requestor: Loucinda Conway, Manager/Internal Audit
Liaison: David P. Jordan, Councilman; Audit Committee Chair
Oneida Business Committee Regular Meeting Agenda of October 25, 2017
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Public Packet
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IX. TRAVEL
A. Travel Reports
1. Approve travel report – Treasurer Trish King – Native American Finance Officers
Association (NAFOA) Fall Finance & Tribal Economies conference – Tulsa, OK –
October 1-4, 2017
X. OPERATIONAL REPORTS (Please Note: Scheduled times are approximate and subject to
change)
A. Accept Comprehensive Health Division FY ’17 4th quarter report (1:30 p.m.-1:50 p.m.)
Sponsors: Debra Danforth, Division Director/Comprehensive Health - Operations; Ravinder Vir,
Medical Director/Comprehensive Health
B. Accept Community & Economic Dev’t Division FY ’17 4th quarter report (1:50 p.m.-2:10 p.m.)
Sponsor: Troy Parr, Assistant Division Director/Community & Economic Development
C. Accept Public Works Division FY ’17 4th quarter report (2:10 p.m.-2:30 p.m.)
Sponsor: Jacque Boyle, Interim Assistant Division Director/Public Works
D. Accept Governmental Services Division FY ’17 4th quarter report (2:30 p.m.-2:50 p.m.)
Sponsor: George Skenandore, Division Director/Governmental Services
XI. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
A. Reports
1. Accept Bay Bancorporation, Inc. FY ’17 4th quarter report
(8:30 a.m.-9:00 a.m.)
President: Jeff Bowman
Liaison: Trish King, Tribal Treasurer
2. Accept Oneida ESC Group, LLC. FY ’17 4th quarter report
(9:00 a.m.-9:30 a.m.)
Chair: Jackie Zalim
Liaisons: Lisa Summers, Tribal Secretary; Ernest Stevens III, Councilman
(Break scheduled from 9:30 a.m.-9:45 a.m.)
3. Accept Oneida Seven Generations Corporation FY ’17 4th quarter report
(9:45 a.m.-10:15 a.m.)
Agent: Pete King III
Liaison: Brandon Stevens, Tribal Vice-Chairman
4. Accept Oneida Airport Hotel Corporation FY ’17 4th quarter report
(1:30 p.m.-2:00 p.m.)
Agent: Janice Hirth-Skenandore
Liaisons: Kirby Metoxen, Councilman; Daniel Guzman King, Councilman
Oneida Business Committee Regular Meeting Agenda of October 25, 2017
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5. Accept Oneida Golf Enterprise FY ’17 4th quarter report
(2:00 p.m.-2:30 p.m.)
Agent: Janice Hirth-Skenandore
Liaison: Trish King, Tribal Treasurer
6. Accept Chief Counsel report – Jo Anne House, Chief Counsel
a. Approve Hobbs Straus Dean and Walker LLP contract – file # 2017-1264
7. Accept Chief Financial Officer – Larry Barton, Chief Financial Officer
8. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
B. Standing Items
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association (2:30 p.m.-2:45 a.m.)
C. Audit Committee
Chair: David P. Jordan, Councilman
1. Accept Audit Committee FY ’17 4th quarter report (10:15 a.m.-10:30 a.m.)
D. Unfinished Business
1. Accept close-out report re: Language Dept. transition (Not Submitted)
Sponsor: Brandon Stevens, Tribal Vice-Chairman
EXCERPT FROM AUGUST 9, 2017: Motion by Lisa Summers to adopt resolution #08-09-17D Transfer of Language Department to Oneida Nation School System, seconded by Tehassi
Hill. Motion carried unanimously.
2. Accept updates on transitions of the Public Works Division, Land & Environment
Division, and Community & Economic Development Division (11:00 a.m.-12:00 p.m.)
Sponsor: Jennifer Webster, Chairwoman
EXCERPT FROM SEPTEMBER 27, 2017: Motion by Lisa Summers for the Oneida Business
Committee sub-teams to provide an update on the transitions of the Public Works Division,
Land & Environment Division and Community & Economic Division and that the Direct
Reports for these areas be included for the discussion, noting that Councilwoman Jennifer
Webster’s Office will be in charge of coordinating the update, seconded by Trish King. Motion
carried unanimously.
E. New Business
1. Accept final report and recommendations regarding Business Committee retreat held
on October 13, 2017
Sponsor: Trish King, Tribal Treasurer
2. Review memorandum from Sovereign Finance dated October 20, 2017
Sponsor: Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of October 25, 2017
Page 4 of 5
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3. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
a. Approval of One Law Group S.C. contract – file # 2017-1268
Requestor: Jo Anne House, Chief Counsel
XII. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:15 p.m., Friday, October 20, 2017, pursuant
to the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://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 Regular Meeting Agenda of October 25, 2017
Page 5 of 5
Public Packet
Page 6 of 237
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Annoucement/Recognition
Accept as Information only
Action - please describe:
Presentation of Years of Service Certificates to approximately twenty-five (25) employees by their immediate
supervisor along with the Business Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. List of employees to be recognized (Handout)
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Geraldine R. Danforth, HRD Area Manager
Primary Requestor:
Maureen Metoxen, Exec Assist
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 7 of 237
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize
employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create
the certificate to be presented to the Years of Service recipient.
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
Page 8 of 237
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Joshua Hicks for the AJRCCC Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 9 of 237
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The appointment for the AJRCCC Board position was made on the October 11, 2017 BC Agenda. There was one
(1) vacancy for a three (3) year term. The vacancy was posted in the May 4, 2017 issue of the Kalihwisaks. The
application deadline was June 2, 2017 and there were four (4) applicants.
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
Page 10 of 237
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Jeanette Archiquette-Ninham for the Pardon & Forgiveness Screening
Committee
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 11 of 237
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The appointment for the Pardon & Forgiveness Screening Committee was made on the July 26, 2017 BC Agenda.
This oath is re-scheduled from the October 11, 2017 BC Agenda, Jeanette's oath wasn't delivered because she
arrived late. There were four (4) vacancies for a three (3) year term. The vacancies were posted in the June 1, 2017
issue of the Kalihwisaks. The application deadline was July 3, 2017 and Jeanette was the only applicant.
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
Page 12 of 237
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Shirley Barber for the Finance Committee Community Elder position.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 13 of 237
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The appointment for the Finance Committee Community Elder position was made on the October 11, 2017 BC
Agenda. There was one (1) vacancy for a three (3) year term. The vacancy was posted in the August 17, 2017 issue
of the Kalihwisaks. The application deadline was September 15, 2017 and there were four (4) applicants.
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
Page 14 of 237
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10
/ 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve October 11, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. October 11, 2017, regular meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
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DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, October 10, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, October 11, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Chairman Tehassi Hill (excused at 9:55 a.m.), Vice-Chairman Brandon Stevens, Treasurer Trish
King, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen
(excused at 9:55 a.m.), Ernie Stevens III, Jennifer Webster;
Not Present: ;
Arrived at: ;
Others present: Jo Anne House, Larry Barton, Lisa Liggins, Joanie Buckley, Jeff House, Tim
Skenandore, Jon Roberts (Via teleconference), John Karras (Via teleconference), Alan King, RaLinda
Ninham-Lamberies, Liz Somers, Frank Cornelius, Janice Skenandore-Hirth;
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: Daniel Guzman
King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;
Not Present: Treasurer Trish King;
Arrived at: Secretary Lisa Summers at 8:31 a.m.;
Others present: Jen Falck, Jessica Wallenfang, Jo Anne House, Rhiannon Metoxen, Rosa Laster, Tina
Moore, Sandra Reveles, Dale Wheelock, Chris Johnson, Ed Delgado, Larry Barton, Nancy Barton,
Brooke Doxtator, Heather Heuer, Brenda Danforth, Jeanette Archiquette-Ninham;
I. CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:30 a.m.
For the record:
Treasurer Trish King is out of the office on personal time. Vice-Chairman
Brandon Stevens is excused for the afternoon session for approved
travel to attend the Haskell Board of Regents Fall meeting in Lawrence,
KS.
Secretary Lisa Summers arrives at 8:31 a.m.
II. OPENING by Councilman Daniel Guzman King
Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017
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III. ADOPT THE AGENDA (00:01:25)
Motion by Lisa Summers to adopt the agenda with the following change: [Delete New Business item IX.A.
Approve Tribal Member request to conduct survey activities regarding Oneida Nation adult voting
members and traditional decision-making practices in the 21st century], seconded by Brandon Stevens.
Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
IV. OATHS OF OFFICE (00:02:18) administered by Secretary Lisa Summers
A. Oneida Pardon and Forgiveness Screening Committee – Jeanette Archiquette-Ninham (Not
present at that time)
B. Oneida Personnel Commission – Tina Moore
C. Oneida Police Commission – Sandra Reveles
V. MINUTES (00:06:25)
A. Approve September 27, 2017, regular meeting minutes
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve the September 27, 2017, regular meeting minutes, seconded by
David P. Jordan. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
VI. RESOLUTIONS
A. Adopt resolution entitled Grant Application by Comprehensive Housing Division for HUD
Resident Opportunity and Self-Sufficiency (ROSS) Service Coordinators Program to Fund
a Service Coordinator Position (00:06:50)
Sponsor: Dana McLester, Division Director/Comprehensive Housing
Motion by Brandon Stevens to adopt resolution # 10-11-17-A Grant Application by Comprehensive
Housing Division for HUD Resident Opportunity and Self-Sufficiency (ROSS) Service Coordinators
Program to Fund a Service Coordinator Position seconded by Ernie Stevens III. Motion carried with two
opposed:
Ayes:
Daniel Guzman King, David P. Jordan, Brandon Stevens, Ernie Stevens
III, Jennifer Webster
Opposed:
Lisa Summers, Kirby Metoxen
Not Present:
Trish King
For the record:
Secretary Lisa Summers stated I am opposing because we don’t have a
completed grant application before us. We don’t have an outline of what
those incurring costs are. We also don’t have an updated organizational
chart from the Comprehensive Housing Division Director indicating
where this position fits into this structure. We don’t have the specifics
about the program itself. There’s been a verbal explanation, but again
because all of the elements aren’t together we don’t have any of that
Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017
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DRAFT
detail in writing and I don’t think it’s appropriate for us to adopt it at this
time. I do support the effort. I think you should continue with the process
and I do support you getting there. I think that this was a situation though
where you just had the cart before the horse and I would encourage you
to make sure that in the future all of these resolutions are submitted with
the entire package. Thank you.
B. Adopt resolution entitled Dissolution of Oneida Health Board in accordance with the
General Tribal Council Directive of February 20, 2017 (00:17:50)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to adopt resolution # 10-11-17-B Dissolution of Oneida Health Board in
accordance with the General Tribal Council Directive of February 20, 2017, seconded by Lisa Summers.
Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: David P. Jordan, Councilman
1. Accept September 20, 2017, Legislative Operating Committee meeting minutes (00:19:47)
Motion by Jennifer Webster to accept the September 20, 2017, Legislative Operating Committee meeting
minutes, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
B. Finance Committee
Chair: Trish King, Treasurer
1. Approve October 2, 2017, Finance Committee meeting minutes (00:20:25)
Motion by David P. Jordan to approve the October 2, 2017, Finance Committee meeting minutes,
seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
VIII. APPOINTMENTS
A. Approve recommendation to appoint Shirley Barber as Community Elder to Finance
Committee (00:20:56)
Sponsor: Tehassi Hill, Chairman
Motion by David P. Jordan to approve the recommendation to appoint Shirley Barber as Community Elder
to Finance Committee, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
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B. Approve recommendation to appoint Joshua Hicks to Anna John Residential Centered
Care Community Board (00:21:30)
Sponsor: Tehassi Hill, Chairman
Motion by David P. Jordan to approve the recommendation to appoint Joshua Hicks to the Anna John
Residential Centered Care Community Board, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
IX. NEW BUSINESS
A. Approve Tribal Member request to conduct survey activities regarding Oneida Nation adult
voting members and traditional decision-making practices in the 21st century
Requestor: Anita Barber
Sponsor: Daniel Guzman King, Councilman
Item deleted at adoption of agenda.
B. Approve posting of known 2018 vacancies for Boards, Committees, Commissions, and
Corporate Boards (00:22:00)
Requestor: Kathleen Metoxen, Records Tech II/BC Support Office
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to approve the posting of known 2018 vacancies for Boards, Committees,
Commissions, and Corporate Boards, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
X. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Councilman Kirby Metoxen – Native American Tourism of
Wisconsin (NATOW) Board of Directors meeting – Milwaukee, WI – September 5-6,
2017 (00:22:45)
Motion by Lisa Summers to accept the travel report – Councilman Kirby Metoxen – Native American
Tourism of Wisconsin (NATOW) Board of Directors meeting – Milwaukee, WI – September 5-6, 2017,
seconded by Ernie Stevens III. Motion carried with one abstention:
Ayes:
Daniel Guzman King, David P. Jordan, Brandon Stevens, Ernie Stevens
III, Lisa Summers, Jennifer Webster
Abstained:
Kirby Metoxen
Not Present:
Trish King
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2. Accept travel report – Councilman Kirby Metoxen – National Indian Gaming Association
(NIGA) Mid-Year conference – Phoenix, AZ – September 18-21, 2017 (00:23:45)
Motion by David P. Jordan to accept the travel report – Councilman Kirby Metoxen – National Indian
Gaming Association (NIGA) Mid-Year conference – Phoenix, AZ – September 18-21, 2017, seconded by
Lisa Summers. Motion carried with one abstention:
Ayes:
Daniel Guzman King, David P. Jordan, Brandon Stevens, Ernie Stevens
III, Lisa Summers, Jennifer Webster
Abstained:
Kirby Metoxen
Not Present:
Trish King
B. TRAVEL REQUESTS
1. Approve travel request – Various Attendees – New York Properties tour – New York –
November 3-6, 2017 (00:24:40)
Motion by Lisa Summers to approve the travel request – Chairman Tehassi Hill, Secretary Lisa Summers,
Councilman Daniel Guzman King, Councilman Kirby Metoxen, Councilman Ernest Stevens III,
Councilwoman Jennifer Webster, Chris Cornelius, Dakota Webster, Tomas Escamea, Sheila
Shawanokasic, Jay Rasmussen, Becky Webster, Julie Barton, Troy Parr, and Pat Pelky – New York
Properties tour – New York – November 3-6, 2017, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
For the record:
Secretary Lisa Summers stated I am planning on attending.
For the record:
Councilman Ernest Stevens III stated that even though I have been to
the area this is the first I’ve seen some of these lands so it’s come from a
land use perspective.
XI. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Petitioner Edward Delgado – Trust Land Distribution (00:30:34)
1. Defer legal analysis for sixty (60) days
Sponsor: Jo Anne House, Chief Counsel
Motion by Lisa Summers to defer the legal analysis for sixty (60) days, noting the Law Office will be kept
informed of the progress being made about possible withdrawing the petition in the future, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
2. Accept 2nd financial progress report
Sponsor: Larry Barton, Chief Financial Officer
Motion by David P. Jordan to accept the 2nd financial progress report, seconded by Brandon Stevens.
Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017
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EXCERPT FROM SEPTEMBER 27, 2017: Motion by David P. Jordan to accept the legislative
analysis, legal progress report, and financial progress report, seconded by Trish King. Motion
carried unanimously.
EXCERPT FROM JULY 27, 2017: (1) Motion by Tehassi Hill to acknowledge receipt of the petition
submitted by Edward Delgado regarding Trust Land Distribution, seconded by Fawn Billie. Motion
carried unanimously. (2) Motion by Tehassi Hill to send the verified petition to the Law, Finance,
Legislative Reference, and Direct Report Offices' for legal financial, legislative, and administrative
analyses, seconded by Trish King. Motion carried unanimously. (3) Motion by Tehassi Hill to direct
the Law, Finance, and Legislative Reference Office to submit their analyses to the Tribal Secretary
within sixty (60) days with a progress report to be submitted within forty-five (45) days, seconded
by Fawn Billie. Motion carried unanimously. (4) Motion by Tehassi Hill to direct the Direct Report
Offices to submit administrative analyses to Tribal Secretary within thirty (30) days, seconded by
Fawn Billie. Motion carried unanimously.
B. Petitioner Frank Vandehei – Modify or eliminate E-Poll (00:44:09)
1. Accept legislative analysis
Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair
Motion by Lisa Summers to accept the legislative analysis, seconded by David P. Jordan. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
2. Defer legal analysis for sixty (60) days
Sponsor: Jo Anne House, Chief Counsel
Motion by Jennifer Webster to defer the legal analysis for sixty (60) days, seconded by Lisa Summers.
Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
3. Accept financial analysis progress report
Sponsor: Larry Barton, Chief Financial Officer
Motion by Lisa Summers to accept the financial analysis progress report, seconded by Daniel Guzman
King. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
EXCERPT FROM SEPTEMBER 27, 2017: Motion by David P. Jordan to accept the legislative
progress report, legal progress report, and financial verbal progress report, seconded by Daniel
Guzman King. Motion carried unanimously.
EXCERPT FROM JULY 27, 2017: (1) Motion by Tehassi Hill to acknowledge receipt of the petition
submitted Frank Vandehei regarding the E-Poll process, seconded by David Jordan. Motion
carried unanimously. (2) Motion by Tehassi Hill to send the verified petition to the Law, Finance,
Legislative Reference, and Direct Report Offices' for legal financial, legislative, and administrative
analyses, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Tehassi Hill to
direct the Law, Finance, and Legislative Reference Office to submit their analyses to the Tribal
Secretary within sixty (60) days with a progress report to be submitted within forty-five (45) days,
seconded by David Jordan. Motion carried unanimously. (4) Motion by Tehassi Hill to direct the
Direct Report Offices to submit administrative analyses to Tribal Secretary within thirty (30) days,
seconded by David Jordan. Motion carried unanimously.
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C. Petitioner Linda Dallas – 2017 Tri-Annual General Election (00:45:31)
1. Accept legislative analysis
Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair
Motion by Lisa Summers to accept the legislative analysis, seconded by David P. Jordan. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
EXCERPT FROM SEPTEMBER 27, 2017: Motion by Lisa Summers to accept the legislative
progress report, and financial analysis, seconded by David P. Jordan. Motion carried
unanimously.
EXCERPT FROM SEPTEMBER 9, 2017; Motion by Lisa Summers to accept the legal
opinion regarding Petitioner Linda Dallas – 2017 Tri-Annual Election, seconded by Kirby
Metoxen. Motion carried unanimously.
EXCERPT FROM JULY 27, 2017: (1) Motion by Brandon Stevens to acknowledge receipt of
the petition submitted by Linda Dallas regarding the 2017 Tri-Annual Election, seconded by
Trish King. Motion carried unanimously. (2) Motion by Trish King to send the verified petition
to the Law, Finance, Legislative Reference, and Direct Report Offices' for legal financial,
legislative, and administrative analyses, seconded by Tehassi Hill.
Motion carried
unanimously. (3) Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference
Office to submit their analyses to the Tribal Secretary within sixty (60) days with a progress
report to be submitted within forty-five (45) days, seconded by Fawn Billie. Motion carried
unanimously. (4) Motion by Tehassi Hill to direct the Direct Report Offices to submit
administrative analyses to Tribal Secretary within thirty (30) days, seconded by Brandon
Stevens. Motion carried unanimously.
D. Petitioner Brad Graham – 2017 Tri-Annual General Election (00:46:00)
1. Accept legislative analysis
Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair
Motion by Kirby Metoxen to accept the legislative analysis, seconded by Lisa Summers. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
2. Accept financial analysis
Sponsor: Larry Barton, Chief Financial Officer
Motion by Lisa Summers to accept financial analysis, seconded by David P. Jordan. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
EXCERPT SEPTEMBER 27, 2017: (1) Motion by David P. Jordan to accept the legal
analysis and supplemental materials, seconded by Brandon Stevens. Motion carried
unanimously. (2) Amendment to the main motion by Lisa Summers to request the Secretary
to schedule a special Business Committee work session as soon as possible to go over the
agenda for these items so that we can put the packet together and formulate what will be
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presented to General Tribal Council, seconded by Jennifer Webster. Motion carried
unanimously.
EXCERPT FROM AUGUST 17, 2017: Motion by Kirby Metoxen to acknowledge receipt of
the petition submitted by Brad Graham regarding the 2017 Tri-Annual General Election; to
send the verified petition to the Law, Finance, Legislative Reference, and Direct Report
Offices for legal, financial, legislative, and administrative analyses; to direct the Law, Finance,
and Legislative Reference Offices to submit their analyses to the Tribal Secretary within sixty
(60) days with a progress report to be submitted within forty-five (45) days; and to direct the
Direct Report Offices to submit administrative analyses to Tribal Secretary within thirty (30)
days, seconded by Lisa Summers. Motion carried unanimously.
E. Schedule special GTC meeting on Tuesday, January 16, 2018, at 6:00 p.m. (00:47:03)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to schedule a special GTC meeting on Tuesday, January 16, 2018, at 6:00
p.m., seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
XII. EXECUTIVE SESSION
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (00:49:77)
Motion by Lisa Summers to accept the Chief Counsel report, seconded by David P. Jordan. Motion
carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
a. Approve Purchase Order increase – No. JSC-16625-17-PO for Hansen Reynolds
LLC. contract – file # 2017-0378 (00:49:49)
Motion by Lisa Summers to approve the Purchase Order increase – No. JSC-16625-17-PO for Hansen
Reynolds LLC. contract – file # 2017-0378, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
B. STANDING ITEMS
1. Land Claims Strategy (00:50:30)
Motion by Lisa Summers to accept this item as information; and to defer the discussion to the November
OBC work session, seconded by David P. Jordan. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
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Motion by Lisa Summers to direct to the Law Office to assist the Chair’s Office with recommended
correspondence, seconded by David P. Jordan. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
C. NEW BUSINESS
1. Approve two (2) requested actions regarding TIP Strategies, INC. Economic
Development Strategic Plan contract – file # 2017-1154 (00:51:06)
Requestor: Troy Parr, Division Director/Community & Economic Development
Sponsor: Trish King, Treasurer
Motion by Jennifer Webster to approve the TIP Strategies, INC. Economic Development Strategic Plan
contract – file # 2017-1154, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Motion by Lisa Summers to direct the funding for the contract be acquired in accordance with BC
resolution # 09-28-16-B, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
2. Approve limited waiver of sovereign immunity – Election Systems & Software LLC. –
file # 2017-1114 (00:51:53)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Election Systems &
Software LLC. – file # 2017-1114, seconded by David P. Jordan. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
3. Review request regarding Blue Skies Foundation and Freedom House Golf Outing
Sponsor: Tehassi Hill, Chairman (00:53:13)
Motion by Jennifer Webster to defer the request to the Chair’s Office for the appropriate follow-up,
seconded by David P. Jordan. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Motion by Jennifer Webster to forward the discussion regarding donations/sponsorships from the Nation’s
vendors to the Finance Committee for the development of a standard process, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
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4. Review concern # 2017-CRPT05-01 (00:53:04)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to accept complaint 2017-CRPT05-01 as information, noting it has been
resolved, seconded by David P. Jordan. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
5. Review concern # 2017-CRPT02-01
Sponsor: Daniel Guzman King, Councilman
Motion by Lisa Summers to defer this item until 3:30 p.m. today, seconded by Kirby Metoxen. Motion
carried unanimously: (00:53:33)
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Motion by Lisa Summers to recess at 10:30 a.m. until 3:30 p.m., seconded by David P. Jordan. Motion
carried unanimously: (00:57:04)
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Meeting called to order by Chairman Tehassi Hill at 4:48 p.m.
Vice-Chairman Brandon Stevens and Treasurer Trish King not present.
Motion by Lisa Summers to defer concern # 2017- CRPT02-01 to the special Business Committee
meeting on October 13, 2017, seconded by David P. Jordan. Motion carried unanimously: (00:57:10)
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III,
Lisa Summers, Jennifer Webster
Not Present:
Trish King, Brandon Stevens
6. Review concern # 2017-DR06-09 (00:52:24)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to deem complaint # 2017-DR06-09 as having no merit in accordance with the
Business Committee’s SOP for the Complaint Process for Direct Reports, noting the complainant did not
submit additional information or provide verbal additional information as requested, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
7. Approve limited waiver of sovereign immunity – VitalSmarts Trainer Agreement – file #
2017-1219 (00:55:07)
Sponsor: Geraldine Danforth, Area Manager/Human Resources
Motion by Lisa Summers to approve the limited waiver of sovereign immunity – VitalSmarts Trainer
Agreement – file # 2017-1219, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
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Motion by Lisa Summers to go into executive session at 9:27 a.m., seconded by Jennifer Webster.
Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Motion by Lisa Summers to come out of executive session at 10:30 a.m., seconded by David P. Jordan.
Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
8. Discuss Oneida Airport Hotel Corporation Strategy (00:56:30)
Sponsor: Tehassi Hill, Chairman
Motion by Lisa Summers to approve the correspondence dated October 11, 2017, seconded by Ernie
Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
XIII. ADJOURN
Motion by Lisa Summers to adjourn at 4:49 p.m., seconded by Ernest Stevens III. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve October 13, 2017, special meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. October 13, 2017, special meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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DRAFT
Oneida Business Committee
Special Meeting
8:15 a.m. Friday, October 13, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
SPECIAL MEETING
Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Council members:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;
Not Present: Vice-Chairman Brandon Stevens;
Arrived at: ;
Others present: Jo Anne House, Heather Heuer, Larry Barton, Lisa Liggins;
I. CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:25 a.m.
II. OPENING by Chairman Tehassi Hill
For the record:
Vice-Chairman Brandon Stevens is excused for the afternoon session for
approved travel to attend the Haskell Board of Regents Fall meeting in
Lawrence, KS.
III. ADOPT THE AGENDA (00:04:10)
Motion by Lisa Summers to adopt the agenda with the following change: [Add-on Executive Session –
Unfinished Business item V.A.01. Review complaint # 2017-CRPT02-01], seconded by Jennifer Webster.
Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
IV. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Approve November 12, 2017, special GTC meeting materials (00:04:48)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the November 12, 2017, special GTC meeting materials with the
following changes: [Combine all supplemental materials into a separate packet due to printing costs;
make a note on the legal review chart with a website link to where the larger sized chart can be viewed;
remove images of sharpie pen, the additional ballot, and ballot machine from legal review; and note on
the petition certification pages the limitations on actions that can be taken in accordance with Election
Law], seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie
Stevens III, Lisa Summers, Jennifer Webster
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Not Present:
Brandon Stevens
Motion by Lisa Summers to go into executive session at 8:51 a.m., seconded by Ernest Stevens III.
Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
Motion by Lisa Summers to come out of executive session at 9:54 a.m., seconded by Trish King. Motion
carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
V. EXECUTIVE SESSION
A. UNFINISHED BUSINESS
1. Review complaint # 2017-CRPT02-01 (00:26:01)
Sponsor: Daniel Guzman King, Councilman
Motion by Lisa Summers to enact Article 7, Section C of the Oneida Airport Hotel Corporation Charter as
discussed today, noting the Chairman will send the correspondence to the affected Board Members,
seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
Motion by Lisa Summers for the Liaisons of the Airport Hotel Corporation Board to communicate with
them the action taken by the Business Committee today, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
Motion by Lisa Summers to post the new vacancy for the Oneida Airport Hotel Corporation Board in
accordance with their Charter, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
EXCERPT FROM OCTOBER 11, 2017: Motion by Lisa Summers to defer concern # 2017CRPT02-01 to the special Business Committee meeting on October 13, 2017, seconded by
David P. Jordan. Motion carried unanimously.
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VI. ADJOURN
Motion by David P. Jordan to adjourn at 9:56 a.m., seconded by Lisa Summers. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Special Meeting Minutes DRAFT of October 13, 2017
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Oneida Nation
Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Zero Suicide Initiative
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,
maintain, and improve the standard of living and the environment in which the Oneida
people live; and
WHEREAS,
the Oneida Nation recognizes the need to address the issue of suicide, suicide attempts
and suicide ideation among tribal youth and community members; and
WHEREAS,
the prevalence and impact of suicide and suicide related behaviors is overwhelmingly
high and undeniably problematic; and
WHEREAS,
the Oneida Nation understands there is a need to develop and implement a Zero Suicide
Initiative to create a healthy and empowered community through providing culturallybased, trauma-informed prevention for youth suicide and substance abuse; and
WHEREAS,
utilizing the Oneida Nation Core Values as guiding principles, the Zero Suicide team will
work with tribal leaders and departments to develop and implement a coordinated
approach to providing social services to our community member’s; and
WHEREAS,
the Oneida Behavioral Health Department was created “to empower individuals and
families within the Oneida community to restore harmony in mind, body, and spirit
through culturally inspired interventions for the next seven generations; and
WHEREAS,
the Oneida Nation believes that our community will be strengthened by providing critically
needed services and programming which will have a positive impact on our families,
elders, and youth; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and supports the submission
of a Zero Suicide Initiative Grant Application to the U.S. Department of Health and Human
Services/Indian Health Services in the amount of $400,000.
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Oneida Law
From:
Sent:
To:
Cc:
Subject:
Terry A. Cornelius
Thursday, October 12, 2017 11:24 AM
Oneida Law
Denise J. Vigue; Lawrence E. Barton; Joshua C. Cottrell
supporting documentation for Transamerica platform change
Below is an explanation for need of the Trust agreement. There is also a corporate resolution, which was not applicable
to us. I will work on rewording that resolution to a form more compatible through Transamerica and Yoder&Langford.
State Street Bank and Trust Company Trust Agreement: The Trust Agreement offered by Transamerica is a trust
agreement that appoints State Street Bank & Trust (SSBT) as the trustee for the plan and details the agreement between
the plan sponsor and SSBT. A Trust Agreement is required for accounts offering mutual funds and/or collective trust
funds. The document outlines the procedures and policies under the Trust and the responsibilities of the Trustee.
If State Street Bank & Trust Company (SSBT) is appointed as trustee, the SSBT directed trust agreement must be
used. SSBT acts as a passive or directed trustee, and many of the trustee responsibilities have been assigned by SSBT to
Transamerica through a servicing agent agreement.
Corporate Resolution: This document is required when State Street Bank & Trust (SSBT) is appointed as the Trustee for
the plan. It should be on client letterhead and is required to contain the following information: (1) accept resignation of
current trustee(s), (2) appoint State Street as new trustee, (3) appoint Transamerica as the new provider, (4) appoint
individuals to serve as members of the retirement plan committee, (5) appoint individuals authorized to sign documents
necessary to complete transactions (i.e., withdrawals, loans, election changes, distribution requests, etc.), and (6)
appoint individuals authorized to sign the trust agreement and plan documents. If it’s not possible to obtain a Corporate
Resolution prior to the asset transfer date, then a letter or other form of official authorization is acceptable.
Terry A. Cornelius
Oneida Nation Finance Department
PO Box 365
Oneida, WI 54155
(O): 920‐869‐4410
(C): 920‐737‐4410
(F): 920‐869‐4393
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Trust Agreement
Please note that this Trust Agreement is a proprietary document of State Street Bank and Trust Company (“SSBT”),
which is offered for use solely by clients of Transamerica Retirement Solutions, LLC and its affiliated companies
(“TRS”). Trustee services are provided by SSBT as a directed trustee under this document to clients of TRS free of
charge due to TRS's unique business relationship with SSBT.
Please note that this Trust Agreement may not be modified or altered in any way. Also note there is no obligation to
appoint SSBT as plan trustee; a different trustee may be appointed at your discretion.
We would be glad to answer any questions you or your legal counsel may have regarding the Trust Agreement's
provisions.
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TRUST
AGREEMENT
6/14
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TRUST AGREEMENT
Table of Contents
Section
Section 1.1
Section 1.2
ARTICLE I
ESTABLISHMENT
Page
Establishment of Trust.............................................................................................................................. 1
Plan Qualification ..................................................................................................................................... 1
ARTICLE II
ADMINISTRATION OF TRUST FUND
Section 2.1
Section 2.2
Section 2.3
Section 2.4
General Administration ............................................................................................................................ 1
Contributions to Trust .............................................................................................................................. 2
Accounts ................................................................................................................................................... 2
Distributions from Trust ........................................................................................................................... 2
ARTICLE III
INVESTMENT DIRECTION
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Directed Trustee ....................................................................................................................................... 3
Named Fiduciary-Investment Direction ................................................................................................... 3
Participant-Investment Direction.............................................................................................................. 3
Short-Term Holdings Pending Instructions .............................................................................................. 3
ARTICLE IV
POWERS OF TRUSTEE
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Directed Powers of the Trustee ................................................................................................................ 4
Discretionary Powers of the Trustee ........................................................................................................ 4
Delegation ................................................................................................................................................ 5
Delivery and Custody of Funds and Securities ........................................................................................ 5
Voting ....................................................................................................................................................... 5
ARTICLE V
ACCOUNTINGS
Section 5.1
Section 5.2
Valuation and Reports .............................................................................................................................. 5
Approval of Account ................................................................................................................................ 5
ARTICLE VI
COMPENSATION, FEES AND TAXES
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Trustee Compensation .............................................................................................................................. 6
Fees .......................................................................................................................................................... 6
Method of Payment .................................................................................................................................. 6
Taxes ........................................................................................................................................................ 6
ARTICLE VII
RESIGNATION OR REMOVAL OF TRUSTEE
Section 7.1
Resignation or Removal of Trustee .......................................................................................................... 6
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Section
ARTICLE VIII
PROTECTION/LIMITATION ON LIABILITY FOR TRUSTEE
Section 8.1
Section 8.2
Section 8.3
Section 8.4
Section 8.5
Trustee's Protection .................................................................................................................................. 7
Reliance by Trustee .................................................................................................................................. 7
Absence of Instructions ............................................................................................................................ 7
Indemnification by the Employer and Plan Administrator ....................................................................... 7
Indemnification by the Trustee ................................................................................................................. 8
Page
ARTICLE IX
PROHIBITION OF DIVERSION
Section 9.1
Prohibition of Diversion ........................................................................................................................... 8
ARTICLE X
AMENDMENT AND TERMINATION OF THE TRUST
Section 10.1 Amendment .............................................................................................................................................. 8
Section 10.2 Termination of Plan .................................................................................................................................. 8
Section 10.3 Termination of Trust by Employer ........................................................................................................... 8
ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 11.1
Section 11.2
Section 11.3
Section 11.4
Section 11.5
Section 11.6
Section 11.7
Section 11.8
Section 11.9
Section 11.10
Section 11.11
Section 11.12
Section 11.13
Relationship to Plan ............................................................................................................................... 9
Nonalienation ......................................................................................................................................... 9
Certification of Trust Agreement ........................................................................................................... 9
Not a Party to Trust ................................................................................................................................ 9
Governing Law....................................................................................................................................... 9
Definition of Employer .......................................................................................................................... 9
Titles ...................................................................................................................................................... 9
Counterparts ........................................................................................................................................... 9
Severability ............................................................................................................................................ 9
Trustee’s Standard of Care ..................................................................................................................... 9
Trustee’s Acknowledgement of Fiduciary Status ................................................................................... 9
Employer Certification Re: Other Plan Assets ....................................................................................... 9
Written Notice ........................................................................................................................................ 10
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TRUST AGREEMENT
THIS TRUST AGREEMENT (this “Trust Agreement”), between Oneida Nation (the “Employer”), and State
Street Bank and Trust Company (the "Trustee") is effective January 1, 2018. This Trust Agreement is applicable to the
following plan or plans, sponsored by the Employer. Such plan or plans will be referred to collectively as “Plan” throughout
this Trust Agreement, and will mean each plan referenced below, or any one, all or any combination of the plans, or the
applicable plan, whichever meaning is appropriate to the section of this Trust Agreement.
Account Number
QK63094
QK63095
Plan Name
Oneida Nation Enterprise 401(k) Plan
Oneida Nation Governmental 401(k) Plan
W I T N E S S E T H:
WHEREAS, the Employer has duly established the Oneida Nation Enterprise 401(k) Plan and Oneida Nation
Governmental 401(k) Plan, for certain of its employees and the employees of other adopting employers, if so provided in the
Plan, and wishes to establish a trust (the “Trust”) to be administered by the Trustee, to which Trust contributions are to be
made from time to time by the Employer and the other adopting employers, to be used for the exclusive benefit of its
employees and their successors in interest in accordance with the provisions of the Plan and as set forth below;
WHEREAS, Transamerica Retirement Solutions, LLC (TRS) or any successor thereto has been selected by the
Employer to provide administrative and recordkeeping services for the Plan pursuant to a written service agreement between
Transamerica and the Employer or the Plan Administrator; and
WHEREAS, the Trustee is willing to serve as a directed trustee and to hold and administer such money and other
property that is deposited to the Trust pursuant to the terms of this Trust Agreement;
NOW, THEREFORE, the Employer and the Trustee agree as follows:
ARTICLE I
ESTABLISHMENT
1.1 Establishment of Trust. The Employer hereby establishes the Trust to hold assets of the Plan qualified under Section
401(a) of the Internal Revenue Code of 1986, as amended (“Code”). If the Plan is not qualified, the Trust will not be made
available to the Employer, and if the Plan subsequently ceases at any time and for any reason to be qualified, the Trust will
not remain available to the Employer. All deposits to the Plan must be made to the Trust, and all assets of the Plan must
be held under the Trust, with the exception of Plan assets held in trust by a Trustee other than State Street Bank and Trust
Company.
The Trustee, by executing this Trust Agreement, accepts the Trust and agrees to administer the Trust as provided in this
Agreement.
1.2 Plan Qualification. The Employer, by executing this Trust Agreement, represents that the Plan is a qualified plan under
Section 401(a) of the Code, and agrees to notify the Trustee if it has reason to believe the Plan has ceased or will cease to
be so qualified. The Trustee will have no liability or responsibility for the validity, legal effect or tax qualification of the
Plan.
ARTICLE II
ADMINISTRATION OF TRUST FUND
2.1 General Administration. The Trust shall be administered by the Trustee for the exclusive purposes of providing benefits to
Participants and their successors in interest and shall be administered in accordance with all applicable laws and
regulations including without limitation the Employee Retirement Income Security Act of 1974 ("ERISA"), and this
Agreement. The Trustee, by executing this Agreement, agrees to be bound by its terms. The Employer hereby agrees to
provide a copy of the Plan document to the Trustee, to notify the Trustee of any amendment to the Plan and to provide
promptly a copy of such amendment to the Trustee.
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2.2 Contributions to Trust. The Trustee will, subject to prior review and approval, accept such contributions of cash or
Employer Securities as defined by Code Section 409(1) made by or on behalf of Participants as it receives from time to
time from the Employer, and such assets as may be transferred by the Plan Administrator, Participants or by the trustee or
custodian of another qualified plan or individual retirement account, if the Plan Administrator has certified that such
transfer is in accordance with the Plan.
Pursuant to the Department of Labor Field Assistance Bulletin 2008-1, the Trustee is a directed trustee. As such, it will
have no power over or responsibility for determining the time for making or the amount of any contribution to the Trust.
Nor will the Trustee have any power over or responsibility for enforcing the collection of any delinquent contributions
unless the Named Fiduciary directs it to do so. In that event, the Trustee will follow the direction of the Named Fiduciary
in collecting delinquent contributions so long as the directions are proper, made in accordance with this Agreement and are
not contrary to ERISA. If the Trustee knows that the Named Fiduciary has not assumed the responsibility for providing
proper directions to the Trustee and also knows that delinquent contributions are going uncollected, then the Trustee will
take appropriate steps to remedy the situation. The Trustee will have no power over or responsibility for determining that
contributions satisfy any applicable requirement of the Plan or law, including, but not limited to, the minimum
contribution requirements of Code Sections 412, 416 and 430. The Trustee will have no power over or responsibility for
determining whether the amount of any contribution (or the portion of such contribution allocated to the account(s) of a
Participant) is within any applicable limit, including, but not limited to, the limits imposed by Code Sections 401(k) and
(m), 402(g), 404 and 415. The responsibilities described in this paragraph shall be those of the Employer, Named
Fiduciary or Plan Administrator, whoever submits the contribution or transfer to the plan. The contribution or transfer of
any amount to the Trustee hereunder constitutes a certification by the Employer and the Plan Administrator that such
contribution or transfer is in accordance with the Plan.
The Employer represents and warrants that it is a “Named Fiduciary” as defined in Section 402(a)(2) of ERISA, or has
properly delegated the responsibility of such role to another Named Fiduciary, or that the Plan or this Agreement has
named another Named Fiduciary (other than the Trustee). Whichever party is the Named Fiduciary shall be responsible
for determining the amount, correctness and timing for making contributions and for directing the Trustee to collect
delinquent contributions, loan repayments and other amounts required to be made to the Trust.
2.3 Accounts. The Trustee will maintain such accounts or funds as are necessary for the Trustee to carry out its
responsibilities under the Trust; and the Trustee will make credits to or charges against such accounts or funds as directed.
The Trustee will not maintain records of individual Participant's accounts.
2.4 Distributions from Trust. The Trustee shall pay benefits, fees and/or dividends paid on Employer Securities, if any, from
the Trust only upon receipt of written direction from Transamerica Retirement Solutions, LLC ("TRS") or any successor
thereto.
TRS will provide such direction to the Trustee based on the written direction it receives from the Plan Administrator or a
third party administrator or other entity, if authorized by the Plan Administrator. The Trustee shall rely on directions from
TRS and shall be under no duty to ascertain whether the directions are in accordance with the Plan.
Upon receipt of written direction as described above certifying that an amount is payable under the Plan, TRS will give
direction to the Trustee who will promptly pay such amount in accordance with the notice and will be fully protected in so
doing. The notice to TRS will include all information necessary to enable TRS to direct the Trustee to make such
payment, including income tax withholding instructions and the account or accounts or investment fund or funds to be
charged with such payments. The Plan Administrator's giving of a payment notice constitutes a certification to the Trustee
and TRS that such payment is in accordance with the Plan, that the Plan Administrator has provided the Participant any
and all notices and explanations required by law and that the Plan Administrator has properly obtained any waivers or
consents of the Participant, the Participant's spouse or other distributee required by law. The Trustee will have no
responsibility for the application of any payments made by it, for determining the rights or benefits of any person in the
Trust or under the Plan, for the administration of the Plan, or for the adequacy of the Trust to meet all liabilities arising
under the Plan. The Trustee shall have no responsibility for calculating or determining any amount to be distributed to a
Participant and/or for compliance with any applicable requirements for distribution.
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ARTICLE III
INVESTMENT DIRECTION
3.1 Directed Trustee. The Trustee shall act only as a directed Trustee and shall exercise no discretion over the investment or
distribution of the Trust. The Trustee shall invest and reinvest the Trust, without distinction between principal and
income, in accordance with investment directions, as provided in this Article. The Trustee will have no responsibility to
question such instructions or directions and will have no responsibility or liability for compliance with any applicable
requirements concerning Plan investments under the Plan or ERISA or for any loss or decrease in value which results from
the choice of investments for the Trust. Whenever the Trustee is permitted or required to act upon instructions or
directions of the Named Fiduciary, Plan Administrator, or Participant, the Trustee will have no responsibility or liability
for any action taken or omitted by the Trustee in reliance on such instructions or directions. Notwithstanding the
foregoing, the Employer shall ensure that any investments of Plan assets in Employer Securities are made in accordance
with the Plan and applicable law.
It is understood and agreed by the parties that although the Trustee will perform certain ministerial and custodial duties
with respect to the assets held in Trust, such duties will be performed by officers and other employees of the Trustee or by
such other person or persons with whom the Trustee has contracted to perform services for it, all of whom may be
unfamiliar with investment management, and that such duties will not include the exercise of any discretionary authority or
other authority to manage and control assets comprising the Trust.
It is also understood that for administrative purposes the Employer will execute all documents relating to the investment of
Plan assets in any vehicle sponsored by or made available through TRS and its affiliates.
The Employer or any person authorized to act on behalf of the Employer shall execute any document with respect to any
investment vehicle, account, fund or product approved by the Employer or its authorized person as an investment option
under the Plan and made available by or through TRS. Any such investment option shall be held under the Trust unless
the Trustee or TRS notifies the Employer or its authorized person that such investment option is not permitted to be held
under the Trust.
3.2 Named Fiduciary-Investment Direction. Subject to Sections 3.3 and 3.4, the Trustee is authorized to take investment
instructions from TRS and TRS will provide investment instructions to the Trustee based on the written direction it
receives from the Plan’s Named Fiduciary or any person authorized to act on behalf of the Named Fiduciary. The
Employer will certify to TRS the identity of any person authorized to act on behalf of the Plan and will provide specimen
signatures of such person(s). The Trustee and TRS may assume that the authority of such person or persons continues
unless otherwise notified in writing.
3.3 Participant-Investment Direction. If the Plan permits Participants to direct the investment of some or all of their Plan
accounts, the Trustee will invest the Trust pursuant to the Participant's investment directions as communicated to it by
TRS. Each Participant shall convey investment instructions to the Plan Administrator and the Plan Administrator shall
transmit those instructions, in writing (or such other method as TRS and the Plan Administrator may agree in a separate
written agreement), promptly to TRS. TRS will then provide such investment instructions to the Trustee.
Each Participant who has established a Schwab Personal Choice Retirement Account® (“PCRA”) and completed a
Limited Power of Attorney ("LPOA") is authorized by the Trustee to relay trading instructions directly to Charles Schwab
& Co., Inc. ("Schwab"). The Trustee or its agent may, in accordance with the LPOA, revoke the LPOA at any time by
giving written notice to Schwab and reserves the right under certain circumstances to provide written direction to Schwab
to liquidate a Participant’s PCRA assets for transfer to TRS on behalf of such Participant.
3.4 Short-Term Holdings Pending Instructions. In the event the Trustee fails to receive proper direction with respect to the
investment of any contribution made to the Plan, the Trustee may hold such assets without liability for interest for a
reasonable length of time from the date of receipt; and, then, if proper instructions have still not been received, the Trustee
shall invest such contribution in a short-term investment fund. The Trustee may also hold assets awaiting distribution
from the Plan for a reasonable length of time without liability for interest.
The Trustee does not retain any float income; the handling of float income that may be retained by TRS is described in
detail in TRS’s investment documents or Pension Services Agreement, as the case may be.
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ARTICLE IV
POWERS OF TRUSTEE
4.1 Directed Powers of the Trustee. The Trustee shall have the following powers and authority in the administration of the
Trust; provided, however, that such powers and authority shall be exercised by the Trustee only upon the receipt of
direction as provided in Article III:
(a) to deal with all or any part of the Trust assets, including the power to acquire and dispose of assets;
(b) to hold any part of the Trust in cash for a reasonable time pending investment or distribution, without liability for
interest;
(c) to enforce by suit or otherwise, or to waive its rights on behalf of the Trust, and to defend claims asserted against it or
the Trust; however, the Trustee will not be required to institute or defend itself, the Plan or the Trust in any court or
administrative proceeding unless it has first been indemnified to its satisfaction for costs and expenses;
(d) to compromise, adjust and settle any and all claims against or in favor of it or the Trust;
(e) to vote, or give proxies to vote, any stock or other security, and to waive notice of meetings; provided, however, that
such rights shall be exercisable with respect to Employer Securities held as part of the Trust Fund only to the extent
and in the manner set forth in the Operating Procedures;
(f) to oppose, or participate in and consent to the reorganization, merger, consolidation or readjustment of the finances or
capitalization of any enterprise, to pay assessments and expenses in connection therewith, and to deposit securities
under deposit agreements;
(g) to invest or reinvest principal and income of the funds belonging to the Trust in common or preferred stocks,
including Employer Securities, mutual funds, bonds, or other securities, or limited partnership interests, or real or
personal properties or interests therein, or any options, warrants or other instruments representing rights to receive,
purchase, or subscribe for the same, or evidencing or representing any other rights or interests therein, or group
annuity contracts which may include separate accounts issued by a legal reserve life insurance company or to hold any
reasonable amounts of such principal or income in cash;
(h) to execute such deeds, leases, contracts, bills of sale, notes, proxies and other instruments in writing as shall be
deemed requisite or desirable in the proper administration of the Trust Fund;
(i) unless otherwise provided in the Plan, to cause all or any part of the money or other property of this Trust to be
commingled with the money or other property of trusts created by others by causing such assets to be invested as part
of any one or more collective investment funds or group trusts maintained by fiduciaries with respect to this Plan and
Trust, including the Trustee. The declaration of trust under which each such collective investment fund or group trust
is established and maintained, as from time to time amended, is hereby made a part of this Trust to the same extent as
if its terms were set out in full herein;
(j) to sell for cash, to convert, redeem or exchange for other securities or other property, to tender securities pursuant to
tender offers, or otherwise to dispose of any securities or other property at any time held by the Trustee;
(k) to exercise any conversion privilege, subscription or other rights incident to property in the Trust and to make
payments incidental thereto;
(l) to do all acts and things, not specified herein, which it deems advisable to carry out the Trust; and generally to
exercise any of the powers of an owner with respect to all or any part of the Trust.
4.2 Discretionary Powers of the Trustee. The Trustee shall have the following powers and authority in the administration of
the Trust to be exercised in its sole discretion:
(a) to register or cause to be registered any securities held by it hereunder in its own name or in the name of a nominee
with or without the addition of words indicating that such securities are held in a fiduciary capacity, to permit
securities or other property to be held by or in the name of others, to hold any securities in bearer form and to deposit
any securities or other property in a domestic depository, clearing corporation, or similar corporation;
(b) to make, execute, and deliver as Trustee hereunder, any and all instruments in writing necessary or proper for the
accomplishment of any of the powers referred to in Section 4.1 or in this Section 4.2;
(c) to employ suitable agents, advisers, and counsel and to pay their reasonable expenses and compensation as expenses
of the Trust;
(d) to contract with, as an agent of the Trustee, another person or persons, related or unrelated to the Trustee, for
performance of any of the Trustee’s duties hereunder, including, but not limited to, Trust recordkeeping, provided that
the expenses and compensation of such person or persons shall be an expense of the Trustee, and not an expense of
the Trust;
(e) to bring, join in, or oppose any suits or legal proceedings involving the Trust where the Trustee may be adversely
affected by the outcome, individually or as trustee, or where it is advised by counsel that such action is required on its
part by ERISA or other applicable law provided that the Trustee shall promptly give written notice to the Employer
and offer the Employer the right to control any such action as long as such action has not been initiated by the
Employer or any of its affiliates;
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(f) to receive all rents, issues, dividends, income, profits, and properties of every nature due the Trust Fund, and to hold
or make distribution therefore in accordance with the terms of this Trust Agreement;
(g) to take any action committed to the Trustee's discretion by other provisions of this Agreement;
(h) generally to exercise such powers and to do such acts (exclusive of powers and acts involving investment management
or otherwise committed to the discretion of the Named Fiduciary or any other party hereunder) whether or not
expressly authorized, which may be considered necessary or desirable by the Trustee for the protection of the Trust.
4.3 Delegation. In the administration of the Trust and with respect to its duties hereunder, the Trustee may employ agents and
delegate to them such duties as the Trustee shall see fit. As of the effective date of the Trust Agreement, the Trustee has
appointed TRS as the agent to which it has delegated certain duties.
4.4 Delivery and Custody of Funds and Securities. All settlements of transactions shall be carried out through the Trustee.
The Trustee shall comply with applicable law as to such custody.
4.5 Voting. The Trustee shall forward all proxies, shareholder information calls for redemption, offer or exchange,
subscription, reorganization or other proceedings affecting securities in the Trust Fund to the individual or entity holding
voting power with respect to the securities involved and shall take action in respect thereto as directed; with respect to
Employer Securities, the provisions of the Plan or Operating Procedures shall determine who has such voting power.
ARTICLE V
ACCOUNTINGS
5.1 Valuation and Reports.
(a) The Trustee will keep full accounts of all its receipts, disbursements and other transactions hereunder, and, will
(subject to Section 5.1(b) hereof) determine the fair market value of the assets of the Trust periodically. Within sixty
days after the close of each Plan Year and at more frequent intervals as may be agreed to by the parties hereto in
writing, and within sixty days after the removal or resignation of the Trustee as provided hereunder, the Trustee shall
render or cause TRS to render to the Employer a report showing in reasonable summary the investments, receipts,
disbursements, and other transactions engaged in during the preceding Plan Year (or such period of time during the
preceding Plan Year that it was the Trustee), and setting forth the assets held in the Trust. If any assets of the Trust
are invested in Employer Securities for which there is no readily ascertainable market value, the Employer shall
engage an independent fiduciary to supply the Trustee with a proper valuation. For purposes of such accounts, the
fiscal year of the Trust will coincide with the Plan Year.
(b) Assets of the Trust shall be valued at their market values based on information and financial publications of general
circulation, statistical and valuation services, or records of security exchanges. If any assets of the Trust are not traded
with sufficient volume or frequency to be considered readily tradable on a national security market or exchange or if
pricing information for such assets is not otherwise readily available, the Employer shall be responsible for engaging
an independent appraiser to determine the value of such asset(s) and for providing that valuation information to the
Trustee. The Trustee shall be entitled to conclusively rely upon such valuation for all purposes under this Trust
Agreement and shall have no responsibility with respect to such valuation.
(c) With the consent of the Trustee, the Plan Administrator or Employer may establish other valuation dates, and the
Trustee will render to the Plan Administrator an account of the value of the Trust assets as of the current valuation
date and, if requested, of its transactions hereunder since the preceding valuation date.
(d) The Trustee's records, if any, relating to each Plan, shall be open to inspection, copying and audits at reasonable times
by the Plan Administrator and TRS. No person other than the Plan Administrator will have the right to demand or
receive any report or account from the Trustee. In any proceeding for a judicial settlement of any account or for
instructions, the only necessary parties will be the Trustee, TRS, and the Plan Administrator.
5.2 Approval of Account. To the extent permissible under applicable law, the written approval of any account statement by
the Plan Administrator will be final and binding upon the Employer, the Participants and all persons who now or at any
time have an interest in the Trust, relating to all matters and transactions stated or shown. The failure of the Plan
Administrator to notify the Trustee or its duly appointed agent within 180 days (9 ½ months for the Plan year end account
statement) of the Plan Administrator's objections (if any) to the account statement after the Trustee's sending of any such
account statement to the Employer will be the equivalent of written approval. If the Plan Administrator files any
objections within such 180 day period (9 ½ months for the Plan year end account statement) with respect to any matters or
transactions stated or shown in the account statement and the Plan Administrator and the Trustee cannot resolve the
questions raised by such objections, the Trustee will have the right to have such questions settled by judicial proceedings.
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ARTICLE VI
COMPENSATION, FEES AND TAXES
6.1 Trustee Compensation. There are currently no direct fees due the Trustee from the Plan or the Employer except with
respect to certain plans which offer Employer Securities as a plan investment option. However, for all plans, the Trustee
receives indirect compensation from TRS for the services provided hereunder. The Trustee reserves the right to impose
and/or amend fees upon the giving of 90 days' advance written notice to the Employer. If the Trustee resigns or is
removed during the 90 day notice period, such new or amended fees will not be in effect.
6.2 Fees. Any direct fees imposed pursuant to Section 6.1 which are incurred in the administration of the Trust may be paid
directly to the Trustee by the Employer. All direct fees not so directly paid by the Employer shall be paid from the assets
of the Trust.
6.3 Method of Payment. In order to provide for payment of any direct fees not paid directly by the Employer as provided in
Section 6.2, the Trustee in its discretion may partially or fully liquidate any asset in the Trust and shall not be liable for any
loss resulting from such liquidation. Any direct fees of the Trustee which are not paid from the Trust for whatever reason
will be the responsibility of the Employer. Any payment out of the Trust of any of the direct fees authorized in this Article
VI shall be deemed to be for the exclusive benefit of the Participants and their successors in interest.
6.4 Taxes.
(a) All real and personal property taxes, income taxes and other taxes of any and all kinds in respect of the Trust or any
money, income or property forming a part of the Trust, shall be paid directly from the assets of the Trust following
advance written notice to the Employer, if the Employer chooses not to pay such taxes separately.
(b) The Trustee may assume that any taxes assessed on or in respect of the Trust are lawfully assessed unless the Plan
Administrator or the Employer shall in writing advise the Trustee that in the opinion of counsel for the Employer such
taxes are not lawfully assessed. If the Trustee is so advised and if requested to do so by the Plan Administrator and
suitable provision for indemnity has been made, the Trustee shall contest the validity of such taxes in any manner
deemed appropriate by the Plan Administrator, Employer or counsel for the Employer. The word "taxes" in this
Section 6.4 shall be deemed to include any interest or penalties that may be levied or imposed in respect to any taxes
assessed.
(c) In order to provide for payment of any taxes as provided in Section 6.4, the Trustee in its discretion may partially or
fully liquidate any asset in the Trust and shall not be liable for any resulting loss. Any payment out of the Trust of any
taxes authorized in this Article VI, shall be deemed to be for the exclusive benefit of the Participants and their
successors in interest.
ARTICLE VII
RESIGNATION
7.1 Resignation or Removal of Trustee.
(a) The Trustee may resign at any time by giving at least 90 days' written notice to the Employer, and the Employer may
remove the Trustee at any time by giving at least 90 days' written notice to the Trustee; in either case, the notice
period may be reduced to such shorter period as the Trustee and the Employer agree upon. The Trustee's removal or
resignation will be effective upon the last day of the notice period or, if later, the acceptance of the Trust by the
successor Trustee. Until the effective date of the appointment of a successor Trustee, the incumbent Trustee will have
full authority and responsibility to act as Trustee hereunder.
(b) The Trustee shall give the Employer at least 90 days' notice of its resignation upon the occurrence of any one of the
following events:
(i) The giving of notice of termination by either party to the Pension Services Agreement, if any, between TRS and
the Employer;
(ii) The Employer or the Named Fiduciary directs that any Plan assets be invested in investments or investment
vehicles not made available through or permitted by TRS or one of its affiliates.
(c) When the Trustee's resignation or removal becomes effective, the Trustee will perform all acts necessary to transfer
the assets of the Trust to its successor. However, the Trustee may reserve such portion of the Trust assets as it may
reasonably determine to be necessary for payment of its fees, if any, and any taxes and expenses; any balance of such
reserve remaining after payment of such fees, taxes and expenses will be paid over to its successor.
(d) Resignation or removal of the Trustee will not terminate the Trust. In the event of any vacancy in the position of
Trustee, whether by the resignation or removal of the Trustee, the Employer will appoint a successor Trustee and such
appointment will become effective upon the acceptance of its office by the successor Trustee. If the Employer does
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not appoint such a successor within 90 days after notice of resignation or removal is given, the Trustee may apply to a
court of competent jurisdiction for such appointment. Each successor Trustee so appointed and accepting a
Trusteeship hereunder will have all of the rights and powers and all of the duties and obligations of the original trustee
under the provisions hereof. However, the Trustee may reserve such portion of the Trust assets as it may reasonably
determine to be necessary for payment of its fees, if any, and any taxes and expenses; any balance of such reserve
remaining after payment of such fees, taxes and expenses will be paid over to its successor.
(e) No Trustee will be liable or responsible for any actions taken or not taken in the administration of the Trust before it
became Trustee or after it ceases to be Trustee.
ARTICLE VIII
PROTECTION/LIMITATION ON LIABILITY FOR TRUSTEE
8.1 Trustee's Protection. The Trustee shall have no duty to take any action other than as specified in this Agreement, unless
the Plan Administrator shall furnish it with instructions in proper form and such instructions shall have been specifically
agreed to by it, or to defend or engage in any suit unless it shall have first agreed in writing to do so and shall have been
fully indemnified to its satisfaction.
8.2 Reliance by Trustee.
(a) The Trustee may rely upon any decision of the Plan Administrator purporting to be made pursuant to the terms of the
Plan, and upon any information, statements, certifications or directions submitted by the Employer or the Plan
Administrator (including statements concerning the entitlement of any Participant to benefits under the Plan or
directions to make payments), and will not be bound to inquire as to the basis of any such decision or information or
statements, and will incur no obligation or liability for any action taken or omitted by the Trustee in reliance thereon.
(b) Whenever the Trustee is permitted or required to act upon the instructions or directions of the Employer or Plan
Administrator, the Trustee will be fully protected in not acting in the absence hereof.
(c) The Trustee may conclusively rely upon and shall be protected in acting in good faith upon any written representation
or order from the Plan Administrator or any other notice, request, consent, certificate or other instrument or paper
believed by the Trustee to be genuine and properly executed, or any instrument or paper if the Trustee believes the
signature to be genuine.
(d) The Trustee may consult with legal counsel (who may or may not be counsel for the Employer) concerning any
questions which may arise with respect to its rights and duties under this Trust Agreement, and will be fully protected
with respect to any actions taken or omitted in good faith in accordance with the opinion of such counsel.
8.3 Absence of Instructions. If the Trustee receives no instructions from the Plan Administrator or the Employer in response
to communications sent to the last known address as shown on the books of the Trustee, the Trustee shall make certain
determinations with respect to matters that would adversely impact the tax-qualified status of the Plan and/or the Trust. If
determinations so made were in order to avoid adverse tax consequences, then they shall be binding on all persons having
or claiming any interest under the Plan or Trust, and the Trustee will incur no obligation or responsibility for such
determinations made in good faith, or for any action taken with respect to such determinations.
8.4 Indemnification by the Employer and Plan Administrator.
(a) The Employer shall indemnify and hold harmless the Trustee and its officers, directors, employees, shareholders and
agents (Trustee) from and against any losses, costs, damages, or expenses, including reasonable attorneys' fees, which
may be incurred or paid out by the Trustee, by reason of: (i) actions taken by the Trustee in accordance with the
directions of the Employer, Plan Administrator, TRS (when TRS is acting as agent for the Employer or the Plan
Administrator), or, if applicable, a Participant or successor in interest, or actions not taken in the absence of such
directions; (ii) the Trustee's exercise and performance of its powers and duties hereunder, or (iii) any (alleged or
actual) action or inaction on the part of the Employer or Plan Administrator, unless, with respect to (ii) and (iii) above,
such losses, costs, damages, expenses are due to the Trustee's negligence, bad faith, willful misconduct, breach of this
Agreement, or of applicable law.
(b) In addition, regardless of whether the Plan meets the requirements of Section 404(c) of ERISA and its regulations, if
the Participant controls the investment of his or her account, the Employer shall indemnify and hold harmless the
Trustee and its agent from and against any losses, costs, damages, or expenses, including reasonable attorneys' fees,
which may be incurred or paid out by reason of actions taken in accordance with a Participant's directions or failing to
act in the absence of such directions or acting or failing to act in reliance on a Participant's instructions incorrectly
conveyed by the Plan Administrator.
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(c) The Employer further agrees to indemnify and hold harmless the Trustee for any losses, costs, damages, or expenses,
including reasonable attorneys' fees, which may be incurred or paid out by reason of any (alleged or actual) action or
inaction on the part of any predecessor or successor Trustee.
(d) Any obligation to provide indemnification under this Agreement shall be expressly conditioned upon providing
written notice to the Employer of any pending or threatened action within a reasonable time after learning of such
action and offering the Employer the right to control the defense of any such action as long as the Employer or any of
its affiliates did not initiate such action.
8.5 Indemnification by the Trustee.
(a) The Trustee and its officers, directors, employees, shareholders and agents shall indemnify and hold harmless the
Employer and the Plan Administrator and their officers, directors, partners and employees (Employer) from and
against any losses, costs, damages, or expenses, including reasonable attorney’s fees, incurred or paid out by reason of
the Trustee’s negligence, bad faith, willful misconduct, intentional breach of this Agreement or breach of applicable
law.
(b) Any obligation to provide indemnification under this Agreement shall be expressly conditioned upon the provision of
providing written notice to the Trustee of any pending or threatened action within a reasonable time after learning of
such action and offering the Trustee the right to control the defense of any such action as long as the Trustee or its
agent did not initiate such action.
ARTICLE IX
PROHIBITION OF DIVERSION
9.1 Prohibition of Diversion.
(a) Except as provided in subparagraph (b), at no time prior to the satisfaction of all liabilities with respect to Participants
and their successor in interest under the Plan shall any part of the corpus or income of the Trust be used for, or
diverted to, purposes other than for the exclusive benefit of Participants or their successors in interest or for defraying
reasonable expenses of administering the Plan.
(b) The provisions of subparagraph (a) notwithstanding, contributions made by the Employer shall be returned to the
Employer under the following conditions:
(i) if a contribution to the Plan (other than a multi-employer Plan) is made by mistake of fact, such contribution,
adjusted for losses, not adjusted for gains, shall be returned to the Employer within one year of the payment of
such contribution; and
(ii) contributions to the Plan are specifically conditioned upon their deductibility under the Internal Revenue Code.
To the extent a deduction is disallowed for any such contribution, it shall be returned to the Employer within one
year after the disallowance of the deduction, adjusted for losses, not adjusted for gains. Contributions which are
not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be
considered to be disallowed for purposes of this subsection.
ARTICLE X
AMENDMENT AND TERMINATION OF THE TRUST
10.1 Amendment. Either the Trustee or the Employer may amend all or any part of the Agreement at any time provided,
however, that any amendment shall not be effective until it has been agreed to and executed by both parties. Any such
amendment may be retroactive if necessary or appropriate to qualify or maintain the Trust as a part of a plan and trust
exempt from Federal income tax under Sections 401(a) and 501(a) of the Code, the provisions of ERISA, or other
applicable law. No amendment shall increase the duties or liabilities of the Trustee without the Trustee's consent; and
no amendment shall divert any part of the Trust to any purpose other than providing benefits to Participants and their
successors in interest or defraying reasonable expenses of administering the Plan.
10.2 Termination of Plan. If the Plan is terminated in whole or in part, the Trustee shall distribute the Trust or any part in
such manner and at such times as the Plan Administrator shall direct in writing subject to the Trustee’s receipt of 90
days advance written notice. The Trust created hereunder will terminate upon the distribution or application of all the
assets of the Trust.
10.3 Termination of Trust by Employer. The Employer may terminate the Trust at any time, subject to providing the Trustee
with at least 90 days written notice. If the Trust is terminated, the Trustee shall distribute the assets as directed by the
Employer. Upon distribution of all the assets under the Trust, the Trust is terminated.
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ARTICLE XI
MISCELLANEOUS PROVISIONS
11.1 Relationship to Plan. Unless the context of this Agreement clearly indicates otherwise, any terms used in this
Agreement which are defined in the Plan shall have the same meaning as in the Plan.
11.2 Nonalienation. Except as otherwise required in the case of any qualified domestic relations order within the meaning of
Section 414(p) of the Code or as otherwise allowed by Code Section 401(a)(13)(A) or (C), the benefits or proceeds of
any allocated or unallocated portion of the assets of the Trust and any interest of any Participant or successor in interest
arising out of or created by the Plan either before or after the Participant's retirement shall not be subject to execution,
attachment, garnishment or other legal or judicial process whatsoever by any person, whether creditor or otherwise,
claiming against such Participant or successor in interest. No Participant or successor in interest shall have the right to
alienate, encumber or assign any of the payments or proceeds or any other interest arising out of or created by the Plan
and any action purporting to do so shall be void. The provisions of this Section shall apply to all Participants and
successors in interest regardless of their citizenship or place of residence.
11.3 Certification of Trust Agreement. Any person dealing with the Trustee may rely upon a copy of this Agreement and any
amendments certified to be true and correct by the Trustee.
11.4 Not a Party to Trust. If any contract issued by an insurance company shall form a part of the Trust assets, the insurance
company shall not be deemed a party to this Trust Agreement. A certification in writing by the Trustee as to the
occurrence of any event contemplated by this Trust Agreement or the Plan shall be conclusive evidence thereof and the
insurance company shall be protected in relying upon such certification and shall incur no liability for so doing. With
respect to any action under any such contract, the insurance company may deal with the Trustee as the sole owner
thereof and need not see that any action of the Trustee is authorized by this Trust Agreement or the Plan.
11.5 Governing Law. The construction, validity and administration of this Agreement shall be governed by the laws of the
Commonwealth of Massachusetts, except to the extent that such laws have been specifically superseded by ERISA.
11.6 Definition of Employer. As used in the Agreement, "Employer" means: (a) the employer specified in the Agreement
and (b) any other entity, maintaining the Plan, that is required to be aggregated with such employer under Code Section
414(b), (c), (m), or (o) and which has authorized such employer to act on its behalf for purposes of this Agreement. The
term "Employer" shall include other adopting employers under the Plan, to the extent not inconsistent with the terms of
the Plan.
11.7 Titles. The titles to sections of this Trust Agreement are placed herein for convenience of reference only, and the Trust
Agreement is not to be construed by reference thereto.
11.8 Counterparts. This Trust Agreement may be executed in any number of counterparts, each of which shall be deemed to
be an original but all of which together shall constitute but one instrument, which may sufficiently be evidenced by any
counterpart.
11.9 Severability. If any provision of this Trust Agreement shall be held invalid or unenforceable, such invalidity or
unenforceability shall not affect any other provisions thereof, and this Trust Agreement shall be construed and enforced
as if such provisions had not been included.
11.10 Trustee’s Standard of Care. The Trustee shall discharge its fiduciary duties with respect to the Plan in accordance with
the following: (a) solely in the interest of the Plan’s Participants and successors in interest; and (b) with the care, skill,
prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar
with such matters would use in the conduct of an enterprise of a like character and with like aims.
11.11 Trustee’s Acknowledgement of Fiduciary Status. Except as provided herein, the Trustee will provide its services
hereunder to the Plan as a fiduciary within the meaning of ERISA Section 3(21).
11.12 Employer Certification Re: Other Plan Assets. The Trustee will have no responsibility for any assets of the Plan that are
not held under the Trust. The Employer will promptly notify the Trustee and TRS of any Plan assets that are not held
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under the Trust. Upon the Trustee’s request, the Employer shall provide a written certification to the Trustee that no
Plan assets are held outside of the Trust.
11.13 Written Notice. Any written notice, demand, direction, or instruction given to the parties to this Agreement shall be
duly given if mailed or delivered:
(a) to the Trustee, at State Street Bank and Trust Company, One Lincoln Street, Boston, MA 02111, Attention:
Director, Trust and Custody Services, or any other address as shall be specified by the Trustee in writing; and
(b) to the Employer, at the address indicated on the signature page, or any other address as shall be specified by the
Employer in writing.
A copy of any written notice, demand, direction, or instruction between the parties to the Agreement shall be sent to
Transamerica Retirement Solutions, LLC, 440 Mamaroneck Avenue, Harrison, NY 10528, Attention: Mr. Robert J.
Vetere.
IN WITNESS WHEREOF, this Agreement has been executed on behalf of the parties hereto, all on the day and year first
above written.
EMPLOYER
By:
Address for receipt of notices:
Oneida Nation
N7210 Seminary Road
Oneida, WI 54155
Attn: Plan Administrator
TRUSTEE
By:
Account # QK63094-QK63095
SSBT Trust Agreement #2 Rev 6-12-14
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Appointing State Street Bank and Trust Company to act as Trustee for the Oneida Nation
Enterprise 401(k) Plan
Summary
This Resolution appoints State Street Bank and Trust Company to act as trustee for the Oneida
Nation Enterprise 401(k) Plan.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: October 18, 2017
Analysis by the Legislative Reference Office
This Resolution terminates Reliance Trust Company retirement administration as Trustee with
respect to the Oneida Nation Enterprise 401(k) Plan and appoints State Street Bank and Trust
Company to act as Trustee with respect to the Oneida Nation Enterprise 401(k) Plan. This trustee
appointment is effective January 1, 2018.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # Leave this line blank
Appointing State Street Bank and Trust Company to act as Trustee for the
Oneida Nation Enterprise 401(k) Plan
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Nation sponsors the Oneida Nation Retirement Savings and 401(k) Plan (the
“Enterprise 401(k) Plan”), and
WHEREAS,
the Nation has operated the Governmental 401(k) Plan in reasonable and good faith
operation compliance with the PPA requirements since January 1, 2007 and has adopted
on an operational basis, the Oneida Nation Enterprise 401(k) Plan (the “Enterprise 401(k)
Plan”) in connection with such reasonable and good faith operational compliance; and
WHEREAS,
the Nation has now chosen to transition from Reliance Trust Company’s retirement
administration as Trustee for the Enterprise 401(k) Plan to State Street Bank and Trust
Company.
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee appoint State Street Bank
and Trust Company to act as Trustee with respect to the Oneida Nation Enterprise 401(k) Plan effective
January 1, 2018, and
BE IT FUTHER RESOLVED, that the Oneida Business Committee terminates Reliance Trust Company
as Trustee with respect to the Oneida Nation Enterprise 401(k) Plan effective January 1, 2018.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Appointing State Street Bank and Trust Company to act as Trustee for the Oneida Nation
Governmental 401(k) Plan
Summary
This Resolution appoints State Street Bank and Trust Company to act as trustee for the Oneida
Nation Governmental 401(k) Plan.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: October 18, 2017
Analysis by the Legislative Reference Office
This Resolution terminates Reliance Trust Company retirement administration as Trustee with
respect to the Oneida Nation Governmental 401(k) Plan and appoints State Street Bank and Trust
Company to act as Trustee with respect to the Oneida Nation Governmental 401(k) Plan. This
trustee appointment is effective January 1, 2018.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # Leave this line blank
Appointing State Street Bank and Trust Company to act as Trustee for the
Oneida Nation Governmental 401(k) Plan
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Nation sponsors the Oneida Nation Retirement Savings and 401(k) Plan (the
“Governmental 401(k) Plan”), and
WHEREAS,
the Nation has operated the Governmental 401(k) Plan in reasonable and good faith
operation compliance with the PPA requirements since January 1, 2007 and has adopted
on an operational basis, the Oneida Nation Enterprise 401(k) Plan (the “Enterprise 401(k)
Plan”) in connection with such reasonable and good faith operational compliance; and
WHEREAS,
the Nation has now chosen to transition from Reliance Trust Company’s retirement
administration as Trustee for the Governmental 401(k) Plan to State Street Bank and
Trust Company.
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee appoint State Street Bank
and Trust Company to act as Trustee with respect to the Oneida Nation Governmental 401(k) Plan
effective January 1, 2018, and
BE IT FUTHER RESOLVED, that the Oneida Business Committee terminates Reliance Trust Company
as Trustee with respect to the Oneida Nation Governmental 401(k) Plan effective January 1, 2018.
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt Opposition to 2017 Senate Bill 395 Regulation and Permitting of Nonferrous Metallic Mineral
Prospecting and Mining resolution.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Statement of Effect
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Tehassi Hill, Chairman
Primary Requestor/Submitter:
Danelle Wilson, Chairman's Assistant
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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Oneida Nation
Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # _____________
Opposition to 2017 Senate Bill 395 Regulation and Permitting of Nonferrous Metallic Mineral
Prospecting and Mining
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Wisconsin State Legislature is currently considering 2017 Senate Bill 395 (SB395)
which would repeal existing state law that prohibits the Department of Natural Resources
from issuing sulfide ore mining permits until the Department of Natural Resources
determines that there is a mining operation in a potentially acid-generating sulfide ore
body in the United States or Canada that has been in operation for at least ten years, or
that has been closed for at least ten years, without resulting in the pollution of
groundwater or surface water from acid drainage or from the release of heavy metals;
and
WHEREAS,
SB 395 would also modify the point of application for groundwater standards; exempt
wetland regulations from applying to some state-regulated wetlands; change the bulk
sampling process; modify the application, review and permitting process; and exempt
nonferrous metallic mining from certain fees required under Wisconsin law; and
WHEREAS,
the regulatory process proposed under SB 395 does not provide Indian tribes with an
adequate, recognized role as most of the proposed mines are in areas where tribal lands
and/or interests will be impacted by such mining; and
WHEREAS,
acid mine drainage is a serious, long-term environmental problem as can be seen
through the example of Roman-era mines in Europe, which are more than 1,500 years
old and still resulting in acid mine drainage; and
WHEREAS,
the Flambeau Mine, which the State of Wisconsin uses as an example of a successful
mine, has resulted in tributaries to the Flambeau River currently being classified as
impaired waters due to acute aquatic toxicity for both copper and zinc under the
Wisconsin Department of Natural Resources Impaired Waters Search Tool.
NOW THEREFORE BE IT RESOLVED, that the Oneida Nation opposes SB 395, which would repeal the
moratorium on nonferrous metallic mining, until there are proven technologies relating to non-polluting
mining.
BE IT FINALLY RESOLVED, that the Oneida Nation opposes SB 395 until modifications are made to the
regulatory process to increase environmental protections as SB 395 does not adequately protect the
interests of Indian tribes and the public from the harms of such mining.
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OneidaNation
OneidaBusinessCommittee
LegislativeOperatingCommittee
POBox365•Oneida,WI54155Ǧ0365
OneidaǦnsn.gov
Statement of Effect
Opposition to 2017 Senate Bill 395 Regulation and Permitting of Nonferrous Metallic Mineral
Prospecting and Mining
Summary
This Resolution opposes Senate Bill 395, which would repeal the moratorium on nonferrous
metallic mining, until there are proven technologies relating to non-polluting mining.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: October 3, 2017
Analysis by the Legislative Reference Office
This Resolution states the Nation’s opposition to Senate Bill 395, which would repeal the
moratorium on nonferrous metallic mining, until there are proven technologies relating to nonpolluting mining. The resolution also states that the Nation will oppose Senate Bill 395 until
modifications are made to the regulatory process to increase environmental protections as Senate
Bill 395 does not adequately protect the interests of Indian tribes and the public from the harms
of such mining.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt BC Resolution titled, "Fiscal Years 2019 to 2022 Triennial Strategic Fiscal PlanOJOH."
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Trish King, Treasurer
Primary Requestor/Submitter:
Brian A. Doxtator, Executive Assistant to Tribal Treasurer
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Requested action:
Adopt BC Resolution, "Fiscal Years 2019 to 2022 Triennial Strategic Plan."
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
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Consider adoption of Resolution: Third Extension of the Effective Date of the Community Support Fund Law
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Statement of Effect
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, LOC Chairman
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
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Oneida Nation
Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Third Extension of the Effective Date of the Community Support Fund Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee originally adopted the Community Support Fund law
(“the Law”) pursuant to resolution BC-05-15-96-A, and made amendments pursuant to
resolution BC-01-08-97-G, BC-12-01-13-D, and most recently with BC-01-11-17-B; and
WHEREAS,
the most recent amendments were originally set to become effective on May 11, 2017;
and
WHEREAS,
the Law states that the Social Services Area of Governmental Services Division is
responsible for operation of the Community Support Fund (“the Fund”) but may designate
the operation of the Fund to a department within its control; and
WHEREAS,
the Law delegates rulemaking authority to the operators of the Fund to create rules to
manage the Fund including the list of categories the Fund covers and funding caps; and
WHEREAS,
the Law is so dependent on the development and use of Community Support Fund rules
that the Law cannot become effective until the rules are created and prepared; and
WHEREAS,
the Oneida Business Committee extended the effective date of the Law in resolution BC04-12-17-B to September 8, 2017, to allow for the rules to be promulgated and become
effective; and
WHEREAS,
the Oneida Business Committee extended the effective date of the Law a second time in
resolution BC-06-28-17-F to October 26, 2017 because the September 8, 2017 effective
date was too soon after the transition of the incoming newly elected Oneida Business
Committee, so it was necessary to allow time for the new Oneida Business Committee to
become familiar with the Law and the process set forth in the Administrative Rulemaking
law; and
WHEREAS,
after a Public Meeting was held on the proposed rules and significant changes being
made to the rules, a second Public Meeting is now required in accordance with the
process set forth in the Administrative Rulemaking law, thereby requiring more time
before the law and rules can become effective.
NOW THEREFORE BE IT RESOLVED, the effective date of the Community Support Fund law as stated
in resolution BC-01-11-17-B, and extended in resolution BC-04-12-17-B, and extended in resolution 0628-17-A, is again extended until January 25, 2018.
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BC Resolution _____________
Third Extension of the Effective Date of the Community Support Fund Law
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NOW THEREFORE BE IT FURTHER RESOLVED, that the Fund operator shall have until January 25,
2018, when the law becomes effective to create and make effective rules in accordance with the Law.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Third Extension of the Effective Date of the Community Support Fund Law
Summary
This resolution extends the effective date of the Community Support Fund law for a third time.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: October 17, 2017
Analysis by the Legislative Reference Office
This resolution provides a third extension of the effective date of the Community Support Fund
law (“the Law”). The most recent amendments to the Law were originally set to become
effective on May 11, 2017, as stated in resolution BC-01-11-17-B.
The Oneida Business Committee extended the effective date of the Law an additional one
hundred and twenty (120) days in resolution BC-04-12-17-B, so that the Law would become
effective on September 8, 2017. The Law was extended due to additional time being needed to
develop and make effective the rules regarding management of the Community Support Fund in
accordance with the process set forth in the Administrative Rulemaking law. The Law is so
dependent on the development and use of Community Support Fund rules that the Law cannot
become effective until the rules are created and made effective.
The Oneida Business Committee extended the effective date of the Law a second time through
resolution BC-06-28-17-F, so that the Law would become effective on October 26, 2017. This
extension was granted by the Oneida Business Committee due to 1) additional time being needed
to develop and make effective the Community Support Fund rules and 2) the September 8, 2017,
effective date of the Law fell during the transition of the incoming newly elected Oneida
Business Committee.
Due to the fact that the Community Support Fund rules will again not be developed or made
effective by the extended effective date of the Law, this Resolution extends the effective date of
the Law a third time, so that the Law would become effective on January 25, 2018.
This Resolution also requires that the Community Support Fund operator shall have until January
25, 2018, the date the Law becomes effective, to create and make effective rules in accordance
with the Law.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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ONEIDA NATION
P.O. Box 365
Oneida, WI 54115
MEMORANDUM
TO:
CC:
FR:
DT:
RE:
Finance Committee
Business Committee
Denise Vigue, Executive Assistant
October 17, 2017
E-Poll Results of: FC Meeting Minutes of October 16, 2017
An E-Poll vote of the Finance Committee was conducted to approve the
October 16, 2017 Finance Committee meeting minutes. The results of the
completed E-Poll are as follows:
E-POLL RESULTS:
There was a Majority 4 YES votes from Larry Barton, Patrick Stensloff,
Daniel Guzman King and Chad Fuss to approve the October 16, 2017
Finance Committee Meeting Minutes.
The minutes will be placed on the next BC agenda of October 25, 2017
for approval and the next Finance Committee agenda of October 30,
2017 to ratify this E-Poll action.
Yaw^ko
__________________________________________________________________________________________________________________________________________________________
* Per the Finance Committee By-Laws Article III-Meetings, 3-4 Quorum. Four (4) members of the Finance Committee shall
constitute a quorum & 3-6 Voting. (d) The Finance Committee shall act by a majority of vote of the quorum present at any
meeting.
Finance Administration Office
Phone: 920- 869-4325
FAO@oneidanation.org
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ONEIDA FINANCE COMMITTEE
October 16, 2017 – 10:00 A.M.
Business Committee Executive Conference Room
REGULAR MEETING MINUTES
FC Members Present:
Patricia King, Treasurer/FC Chair
Chad Fuss, AGGM-Finance (Gam. Alt.)
Larry Barton, CFO/FC Vice-Chair
Patrick Stensloff, Purchasing Director
Members Excused: Jennifer Webster, BC Council Member and Daniel Guzman King, BC Council
Member
Others Present: Jed Schacht; Lisa A. Moore; Francine Valentino; and Denise Vigue, taking
minutes
I.
CALL TO ORDER: The meeting was called to order by the FC Chair at 10:02 A.M.
II.
APPROVAL OF AGENDA: OCTOBER 16, 2017
Motion by Chad Fuss to approve the FC meeting agenda of Oct. 16, 2017 with one ADD
On under Donations #4. Seconded by Larry Barton. Motion carried unanimously.
For The Record: The CF Chair just wanted to let everyone know that the Community Fund for
individual fund requests has been increased to $500 per person/per year. This was part of the
motion by GTC when the budget was approved. New forms and information are already on the
Intranet and Internet reflecting this update.
III.
APPROVAL OF MINUTES: Oct. 2, 2017 (Approved via E-Poll on 10/02/17)
Motion by Patrick Stensloff to ratify the FC E-Poll action taken on 10/02/17 approving
the 10/02/17 Finance Committee meeting minutes. Seconded by Larry Barton. Motion
carried unanimously.
IV.
TABLED BUSINESS: No Tabled Business
V.
CAPITAL EXPENDITURES: None
VI.
DONATIONS:
1.
Update: Oneida Community Farm Projects
Frank Vandehei
Frank was not present for the discussion over the two lost checks and recipient
responsibilities; as the growing season has passed FC felt if needed the requestor can
bring this back in the spring; a letter explaining this will be sent if that is the motion.
Motion by Larry Barton to defer this request to spring of 2018 provided it is again brought
forward by the requestor. Seconded by Chad Fuss. Motion carried unanimously.
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Finance Committee Meeting Minutes of October 16, 2017
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2.
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Donations - Monthly Update for Oct. 2017
Denise Vigue, Finance
Motion by Larry Barton to accept the October 2017 Monthly Update for the FC Donations
line. Seconded by Chad Fuss. Motion carried unanimously.
3.
St. John’s Homeless Shelter – Gala Fundraiser
Requestor: Leanne Baeten, Program Director
Amount: $5,000.00
The Requestor is seeking $5,000.00 in sponsorships/donation due to group moving fund
raising event to the Radisson. This would require a procedural exception to the $2,500.
Limit per the Donation Policy; this would also be one fourth of the FY18 funds allocated
for Local Groups; last year group received $2,000.00.
Motion by Larry Barton to approve $2,500.00; the maximum from the Finance Committee
Donation line per the Donation Policy for the St. John’s Homeless Shelter’s Gala
Fundraising Event at the Radisson in Nov. 2017 payable to the Radisson. Seconded by
Patrick Stensloff. Motion carried unanimously.
4.
ADD ON: Update-Oneida Sportsmen’s Club – Prize
Patricia King, Treasurer & FC Chair
The Treasurer reported that she was fortunate enough to receive a prize of a gun cabinet
from the Oneida Sportsmen’s Club. The ticket she had was from the OSC given to the
Oneida Nation for their donation. As the item is costly, in keeping with the Code of Ethics,
she donated the cabinet back to the OSC for future fundraising for the club. She has
attached documentation to this effect as well as e-mail receipt from the OSC accepting this
item back.
Motion by Chad Fuss to accept, for the record, the update from the Treasurer of the
received and returned prize from the Oneida Sportsmen’s Club. Seconded by Patrick
Stensloff. Motion carried unanimously.
The following request was not part of the agenda when it was approved; when requestor
was present the following motion was made:
Motion by Chad Fuss to include as a Late Add On the donation request from the Blue Skies
Foundation. Seconded by Patrick Stensloff. Motion carried unanimously.
5. LATE ADD: Blue Skies Foundation Donation Request (referral from BC mtg 10/11/17)
Francine Valentino was present to discuss this request with the Finance Committee. They
are sponsoring a golf event at the end of the month to raise funds for a Freedom House for
indigenous youth in Oneida. This is complimentary to what the Oneida Nation is doing in
their TAPS initiatives; they also have a month long fire going to help bring awareness to the
situation of the opioid epidemic in tribal communities. There were some questions as far as
needs for the firekeepers, a list will be forwarded to the Treasurer to follow up with the BC
special projects; the FC also discussed approving water from the Community FundsProducts.
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Finance Committee Meeting Minutes of October 16, 2017
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Motion by Larry Barton to: 1) approve from the Finance Committee’s Donation Line
$2,500.00 for the Golf Fundraising Event the Blue Skies Foundation is holding at the end of
the month and direct staff to process the check to be payable directly to Thornberry Creek
when Donation application is received by the requestor; and 2) Have requestor submit
directly to the Treasurer a list of supplies needed by the firekeepers/volunteers (food, paper
products, etc.) and she will follow up with the BC Special Projects funds. Seconded By Chad
Fuss. Motion carried unanimously.
Motion by Larry Barton to approve from the Community Fund ten (10) cases of Coca-Cola
product (water) for use at the month long fire event sponsored by the Blue Skies
Foundation. Seconded by Patrick Stensloff. Motion carried unanimously.
NEW BUSINESS:
VII.
1.
Alliant Specialty Ins. Serv.
Robert Keck, Risk Management
Amount: $109,205.00
This is the last of 8 payments, originally to Meadowbrook; this last payment will be made
directly to the carrier; early next year an RFP will go out to see current market rates.
Motion by Chad Fuss to approve the payment to Alliant Specialty Insurance Services for
liability coverage in the amount of $109,205.00. Seconded by Patrick Stensloff. Larry Barton
abstained. Motion carried.
2.
FY18 Blanket PO- Bellin
Robert Keck, Risk Management
Amount: $106,000.00
This is a blanket for ongoing wellness initiatives offered now to non-gaming employees; this
includes Nursing Care Coordinator and Clerical Assistant; both employees of Bellin.
Motion by Chad Fuss to approve the FY18 Blanket Purchase Order to Bellin for Nursing
services and support in the amount of $106,000.00. Seconded by Patrick Stensloff. Motion
carried.
3.
FY17 Fourth Quarter Report to the BC
Larry Barton, Finance
Motion by Chad Fuss to approve the FY17 Fourth Quarter Report to the BC. Seconded by
Patrick Stensloff. Motion carried unanimously.
EXECUTIVE SESSION: None
FOLLOW UP: None
FYI and/or THANK YOU:
VIII.
IX.
X.
1.
FYI: Revised Service Agreement-Town of Oneida
Paula King Dessart, BC Support Office
Motion by Larry Barton to accept the revised service agreement with the Town of Oneida
as FYI. Seconded by Patrick Stensloff. Motion carried unanimously.
Page 3 of 4
Finance Committee Meeting Minutes of October 16, 2017
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2.
Page 79 of 237
FYI: Updated Vendor Information Form – 2017
Patrick Stensloff, Purchasing Director
Jed Schacht from Purchasing was present to update the Finance Committee on the new
Vendor Information Form; the coordination across departments with new form/updated
procedures & to communicate with departments and vendors the use of the new form; part
of the change was due to an Audit finding; there was a question if Purchasing can work with
the Oneida Gaming Committee to come up with one fee for gaming vendors; this would
simplify a stringent process gaming vendors are required to do, this can be worked on; last
piece will be communication to all departments.
Motion by Chad Fuss to accept the updated Vendor Information Form 2017 as FYI.
Seconded by Larry Barton. Motion carried unanimously.
XI.
ADJOURN: Motion by Chad Fuss to adjourn. Seconded by Patrick Stensloff. Motion
carried unanimously. Time: 11:05 A.M.
Minutes taken & transcribed by:
Denise Vigue, Executive Assistant to the CFO
& Finance Committee Contact/Recording Secretary
Finance Committee-E-Poll Minutes Approval Date:
October 17, 2017
Oneida Business Committee’s FC Minutes Approval Date:
Page 4 of 4
DRAFT Finance Committee Meeting Minutes of Oct. 2, 2017
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 25 / 17
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:
Approve Power Purchase Agreement between Oneida Nation and Oneida Nation Solar LLC.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Original Agreement # 2017-0873 (7/26/17)
3.
2. Amended Agreement # 2017-0873 (9/25/17)
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Ernest L. Stevens III, Councilmember
Primary Requestor/Submitter:
Michael Troge, Project Manager
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
On July 26, 2017 the previous Business Committee approved the Operating Agreement and associated
agreements that created Oneida Nation Solar LLC. This allowed for the Solar Deployment Project to proceed with
installation activities.
The solar power purchase phase of the partnership is defined by the Power Purchase Agreement. Sovereign
Finance (SF) was put on contract by Finance Department to review the Power Purchase Agreement and the
capital analysis that was drafted by the Project Team. The Project Team is comprised of Ater Wynne (legal
consultant), BDO (financial consultant), NREL (technical consultant), and SunVest (investor). Two meetings have
been held with SF. Most of their questions have been addressed. The Project Agreements have received verbal
acceptance from SF. What remains to be completed from SF's standpoint is BDO's updated capital analysis and
SF's final report.
It has been the Project Team's intention to present SF's findings to the BC, however, requests for information
have been somewhat delayed thus delaying the capital analysis and the final report.
The Project is nearly complete. The commissioning of the Project is December 1, 2017. Shortly after that time is
when the Power Purchase Agreement takes into effect.
1. The Project Team requests that BC approve the PPA as presented to initiate the purchase of solar power.
2. Upon receiving SF's evaluation, the Project Team will present their findings at a future BC meeting.
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
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Solar Power Purchase Agreement
This Solar Power Purchase Agreement (this “Agreement”) is entered into by the parties listed below (each a “Party” and collectively
the “Parties”) as of the date signed by Seller below (the “Effective Date”).
Purchaser:
Seller:
Name
and
Address
Oneida Nation
N7332 Water Circle Place
Oneida, WI 54155
Attn: Michael Troge, Environmental
Project Manager
Name
and
Address
Phone
(920) 869-4591
Phone
Oneida Nation Solar, LLC
N27W24075 Paul Ct Suite 200
Pewaukee, WI 53072
Attention: Jeff Knudtson & Michael Troge, Comanagers
(262) 547-1200; (920) 869-4572
Fax
(920) 869-1610
Fax
(262) 349-9324; (920) 869-1610
mtroge@oneidanation.org
jeff@neumanncompanies.com
Premises
Ownership
Purchaser [X] owns [_] leases the
Premises.
Additional
Seller
Information
List Premises Owner, if different from
Purchaser:
This Agreement sets forth the terms and conditions of the purchase and sale of solar generated electric energy from the eight solar
module systems described in Exhibits 2A to 2H (the “Systems”) and installed at the Purchaser’s eight facilities described in Exhibits
2A to 2H (the “Facilities”) at the property where each of the eight Facilities are located described in Exhibits 2A to 2H (the
“Premises”).
The tables and exhibits listed below are incorporated by reference and made part of this Agreement.
Exhibit 1
Basic Terms and Conditions (Applies to each System, Facility, and Premise A through H)
Exhibits 2A-2H Description of each system, facility, and premise
Exhibit 3
General Terms and Conditions (Applies to each System, Facility, and Premise A through H)
Exhibit 4
Land Use License
Table 1: Facilities and Systems
Anna John Resident Centered Care Community
A
Elder Service Apartments
B
Food Distribution/Pantry
C
Irene Moore Activity Center
D
Irene Moore Activity Center Annex
E
Oneida Community Health Center
F
County H Recreation Center South Array
G
County H Recreation Center East Array
H
AJRCCC
ESA
FDP
IMAC
ANNEX
OCHC
CHRC South
CHRC East
165.5 kw
68.3 kw
98.5 kw
99.8 kw
157.5 kw
168.8 kw
26.1 kw
15.4 kw
Purchaser: Oneida Nation
Seller: Oneida Nation Solar LLC
Signature: _____________________________________
Signature: ____________________________________________
Printed Name: __________________________________
Printed Name: _________________________________________
Title: __________________________________________
Title: _________________________________________________
Date: _________________________________________
Date: _________________________________________________
Solar Power Purchase Agreement Between the Oneida Nation and Oneida Nation Solar, LLC
Page 1 of 25
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Table 2: Oneida Nation Solar Deployment on Tribal Facilities Site List 7‐6‐2017
SYSTEM:
Solar Power Purchase Agreement Between the Oneida Nation and Oneida Nation Solar, LLC
Page 2 of 25
Building
Address
City
State
Zip Code
Building Use
Electric Supplier
Account Number
Meter #
Annual Consumption (kWh)
Annual revenue
Solar Array Size (kw)
Annual Production (kWh)
% of Facility Usage
% of facility usage
# of modules
module rated power (kw)
Racking
Total Block Count
Roof Type
Roof Contractor
Roof install year
Roof Age (yrs)
Roof replace year
Structural Drawings Complete
Structure Sufficient
Service Size
Service Voltage
Interconnection
Inverters
Optimizers
Site Emergency Contact
Email/phone
Site Electrical Contact
Email/phone
Site Access Contact
Email/phone
Site Security Contact
Email/phone
A
B
C
D
E
F
G
H
Anna John Nursing Home
Elder Services
Food Distribution
IMAC
IMAC ‐ Annex
Oneida Community Health
Center
County H Rec Center
County H Rec Center
2907 Overland Dr,
Oneida
WI
54155
Health Facility
WPS
0402046949‐00186
741964
1,463,920
2907 S Overland Dr.
Oneida
WI
54155
Office
WPS
0402048525‐00001
742110
307,080
N7360 Water Circle
Oneida
WI
54155
Warehouse
WE Energies
4667615101
2100 Airport Rd
Green Bay
WI
54303
Casino
WPS
0402046949‐00091
953578
1,481,280
525 Airport Rd
Oneida
WI
54155
Health Facility
WPS
0402046949‐00092
884103
1,096,240
N6457 County Rd H
Oneida
WI
54155
Recreation
WE Energies
7250770709
N6457 County Rd H
Oneida
WI
54155
Recreation
WE Energies
7250770709
123,160
2100 Airport Rd
Green Bay
WI
54303
Casino
WPS
0402046949‐00071
906257
1,051,080
60,600
60,600
165.5
208,252
14.2%
14.2%
494
335
Ballasted
791
Adhered EPDM
68.3
88,261
28.5%
28.7%
204
335
Flush ‐ FF
0
Arch Shingle
98.5
118,931
97.1%
96.6%
294
335
Tilt‐up ‐ S5
0
Standing Seam
99.8
125,619
12.0%
12.0%
298
335
Ballasted
0
Adhered EPDM
157.5
200,740
13.6%
13.6%
470
335
Ballasted
2105
168.8
213,467
19.0%
19.5%
504
335
Ballasted
1156
Ballasted EPDM
26.1
20,450
33.7%
33.7%
78
335
Flush ‐ S5
0
Standing Seam
15.4
18,295
30.2%
30.2%
46
335
Flush ‐ S5
0
Shingle
2014
3
2034
Yes
Yes
2000A
480
MDP
(5) SE33.3
P700
2012
5
2027
Yes
Yes
1200A
480 & 208
MDP
(2) SE33.3
P700
2015
2
2035
Yes
Yes
1200A
480
MDP
(4) SE33.3
P700
2003
14
2022
Yes
Yes
2000A
480
MDP
(4) SE33.3
P700
2001
16
2041
Yes
Yes
(2) 200A
240
CT & Meter
(2) SE10.0 ‐ 240V
P400
2001
16
2017
Yes
Yes
(2) 200A
240
CT & Meter
(2) SE6.0
P400
Kevin Rentmeester
920‐869‐1059 x2006
Kevin Rentmeester
920‐869‐1059 x2006
Kevin Rentmeester
920‐869‐1059 x2006
Kevin Rentmeester
920‐869‐1059 x2006
38,745
Kevin Rentmeester
920‐869‐1059 x2006
Kevin Rentmeester
920‐869‐1059 x2006
1998
1997
19
20
2038
2017
Yes
Yes
Yes
Yes
(2) 200A
1200A?
208
208
CT & Meter
CT cabinet
2) SE33.3 & (1) SE20 w TX) SE33.3 & (1) SE20 w T
P700
P700
Kevin Rentmeester
Becky Demmith
Tim Skenandore
Tim Skenandore
Kevin Rentmeester
920‐869‐1059 x2006 920‐347‐0500
920‐494‐4500 x3442 920‐494‐4500 x3442 920‐869‐1059 x2006
Kevin Rentmeester Kevin Rentmeester
Kevin Rentmeester
920‐869‐1059 x2006 920‐869‐1059 x2006
920‐869‐1059 x2006
Becky Demmith
920‐347‐0500
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Exhibit 1
Basic Terms and Conditions
1.
Scope: Exhibit 1 applies to all Systems, A through H.
2.
Term: Twenty (20) years, beginning on the Commercial Operation Date.
3.
Additional Terms: Up to two (2) Additional Terms of five (5) years each.
4.
Environmental Incentives and Environment Attributes: Accrue to Buyer.
5.
Contract Price:
Contract Year
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
$/kWh
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
$0.081
6.
Anticipated Commercial Operation Date:
7.
Purchaser Options to Purchase Systems. [_] None [X] or as set forth in Section 15(b).
8.
Systems Installation:
Includes:
November 30, 2017
[X] Design, engineering, permitting, installation, monitoring, interconnection application and paperwork
processing of the Systems.
[X] Limited Warranty.
[X] List of Approved Subcontractors
Excludes:
Unforeseen groundwork (including, but not limited to, excavation/circumvention of underground obstacles),
upgrades or repair to the Facility or utility electrical infrastructure, payment bonds, performance bond(s),
prevailing wage construction, tree removal, or tree trimming.
Solar Power Purchase Agreement Between the Oneida Nation and Oneida Nation Solar, LLC
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Exhibit 2A
Description of System A
1.
System Location:
AJRCCC, 2907 Overland Road, Oneida, WI 54155
2.
System Size (DC kW):
165.5 kilowatts
3.
Expected First Year Energy Production (kWh):
4.
Expected Structure: [_] Ground Mount [X] Roof Mount [_] Parking Structure [_] Other
5.
Expected Module(s):
6.
208,252 kilowatt-hours
Manufacturer/Model
Quantity
Canadian Solar CSP335 W Poly
494
Expected Inverter(s):
Manufacturer/Model
Quantity
SolarEdge 33.3K-US
5
7.
Utility:
Wisconsin Public Service
8.
Delivery Point:
Main Electrical Panel
9.
Facility and System Layout:
Aerial of Roof
Solar Rendering
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Exhibit 2B
Description of System B
1.
System Location:
Elder Service Apartments, 2907 South Overland Road, Oneida, WI 54155
2.
System Size (DC kW):
68.3 kilowatts
3.
Expected First Year Energy Production (kWh):
4.
Expected Structure: [_] Ground Mount [X] Roof Mount [_] Parking Structure [_] Other
5.
Expected Module(s):
6.
88,261 kilowatt-hours
Manufacturer/Model
Quantity
Canadian Solar CSP335 W Poly
204
Expected Inverter(s):
Manufacturer/Model
Quantity
SolarEdge 33.3K-US
2
7.
Utility:
Wisconsin Public Service
8.
Delivery Point:
Main Electrical Panel
9.
Facility and System Layout:
Solar Rendering
System Layout
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Exhibit 2C
Description of System C
1.
System Location:
Food Distribution, N7360 Water Circle Place, Oneida, WI 54155
2.
System Size (DC kW):
98.5 kilowatts
3.
Expected First Year Energy Production (kWh):
4.
Expected Structure: [_] Ground Mount [X] Roof Mount [_] Parking Structure [_] Other
5.
Expected Module(s):
6.
118,931 kilowatt-hours
Manufacturer/Model
Quantity
Canadian Solar CSP335 W Poly
294
Expected Inverter(s):
Manufacturer/Model
Quantity
SolarEdge 33.3K-US
2
SolarEdge 20.0K-US
1
7.
Utility:
WE Energies
8.
Delivery Point:
Main Electrical Panel
9.
Facility and System Layout:
System Layout
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Exhibit 2D
Description of System D
1.
System Location:
IMAC, 2100 Airport Road, Green Bay, Wi 54303
2.
System Size (DC kW):
99.8 kilowatts
3.
Expected First Year Energy Production (kWh):
4.
Expected Structure: [_] Ground Mount [X] Roof Mount [_] Parking Structure [_] Other
5.
Expected Module(s):
6.
125,619 kilowatt-hours
Manufacturer/Model
Quantity
Canadian Solar CSP335 W Poly
298
Expected Inverter(s):
Manufacturer/Model
Quantity
SolarEdge 33.3K-US
2
SolarEdge 20.0K-US
1
7.
Utility:
Wisconsin Public Service
8.
Delivery Point:
Main Electrical Panel
9.
Facility and System Layout:
Solar Rendering
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Exhibit 2E
Description of System E
1.
System Location:
IMAC Annex, 2100 Airport Road, Green Bay, WI 54303
2.
System Size (DC kW):
157.5 kilowatts
3.
Expected First Year Energy Production (kWh):
4.
Expected Structure: [_] Ground Mount [X] Roof Mount [_] Parking Structure [_] Other
5.
Expected Module(s):
6.
200,740 kilowatt-hours
Manufacturer/Model
Quantity
Canadian Solar CSP335 W Poly
470
Expected Inverter(s):
Manufacturer/Model
Quantity
SolarEdge 33.3K-US
4
7.
Utility:
Wisconsin Public Service
8.
Delivery Point:
Main Electrical Panel
9.
Facility and System Layout:
Solar Rendering
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System Layout, IMAC + Annex
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Exhibit 2F
Description of System F
1.
System Location:
ONHC, 525 Airport Road, Oneida, WI 54155
2.
System Size (DC kW):
168.8 kilowatts
3.
Expected First Year Energy Production (kWh):
4.
Expected Structure: [_] Ground Mount [X] Roof Mount [_] Parking Structure [_] Other
5.
Expected Module(s):
6.
213,467 kilowatt-hours
Manufacturer/Model
Quantity
Canadian Solar CSP335 W Poly
504
Expected Inverter(s):
Manufacturer/Model
Quantity
SolarEdge 33.3K-US
4
7.
Utility:
Wisconsin Public Service
8.
Delivery Point:
Main Electrical Panel
9.
Facility and System Layout:
Solar Rendering
System Layout
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Exhibit 2G
Description of System G
1.
System Location:
CHRC South, N6457 County Hwy H, Oneida, WI 54155
2.
System Size (DC kW):
26.1 kilowatts
3.
Expected First Year Energy Production (kWh):
4.
Expected Structure: [_] Ground Mount [X] Roof Mount [_] Parking Structure [_] Other
5.
Expected Module(s):
6.
20,450 kilowatt-hours
Manufacturer/Model
Quantity
Canadian Solar CSP335 W Poly
78
Expected Inverter(s):
Manufacturer/Model
Quantity
SolarEdge 10.0K-US
2
7.
Utility:
WE Energies
8.
Delivery Point:
Main Electrical Panel
9.
Facility and System Layout:
EAST ARRAY
SOUTH ARRAY
System Layout (South + East)
Solar Power Purchase Agreement Between the Oneida Nation and Oneida Nation Solar, LLC
Page 11 of 25
Public Packet
Page 122 of 237
Exhibit 2H
Description of System H
1.
System Location:
CHRC East, N6457 County Hwy H, Oneida, WI 54155
2.
System Size (DC kW):
15.4 kilowatts
3.
Expected First Year Energy Production (kWh):
4.
Expected Structure: [_] Ground Mount [X] Roof Mount [_] Parking Structure [_] Other
5.
Expected Module(s):
6.
18,295 kilowatt-hours
Manufacturer/Model
Quantity
Canadian Solar CSP335 W Poly
46
Expected Inverter(s):
Manufacturer/Model
Quantity
SolarEdge 6.0K-US
2
7.
Utility:
WE Energies
8.
Delivery Point:
Main Electrical Panel
9.
Facility and System Layout:
EAST ARRAY
SOUTH ARRAY
System Layout (South + East)
Solar Power Purchase Agreement Between the Oneida Nation and Oneida Nation Solar, LLC
Page 12 of 25
Public Packet
Page 123 of 237
Exhibit 3
Solar Power Purchase Agreement
General Terms and Conditions
August 8, 2013 Solar Energy Finance Association Version 1.0
1.
Definitions and Interpretation: Unless otherwise defined or required by the context in which any term appears: (a) the
singular includes the plural and vice versa; (b) the words “herein,” “hereof” and “hereunder” refer to this Agreement as a
whole and not to any particular section or subsection of this Agreement; (c) references to any agreement, document or
instrument mean such agreement, document or instrument as amended, modified, supplemented or replaced from time to
time; and (d) the words “include,” “includes” and “including” mean include, includes and including “without limitation.”
The captions or headings in this Agreement are strictly for convenience and shall not be considered in interpreting this
Agreement.
2.
Purchase and Sale of Electricity. Purchaser shall purchase from Seller, and Seller shall sell to Purchaser, all of the electric
energy generated by System A through System H (the “Systems”) during the Initial Term and any Additional Term (as
defined in Exhibit 1, and collectively the “Term”). Electric energy generated by the System will be delivered to Purchaser
at the delivery point identified on Exhibits 2A through 2H (the “Delivery Point”) for each System. Purchaser shall take
title to the electric energy generated by the System at the Delivery Point for each System, A through H, and risk of loss will
pass from Seller to Purchaser at the Delivery Point for each System. Purchaser may purchase electric energy for each Facility
from other sources if the Purchaser's electric requirements at such Facility exceed the output of that Facility’s System. Any
purchase, sale and/or delivery of electric energy generated by the Systems prior to the Commercial Operation Date shall be
treated as purchase, sale and/or delivery of limited amounts of test energy only and shall not indicate that the Systems have
been put in commercial operation by the purchase, sale and/or delivery of such test energy.
3.
Term
4.
a.
Initial Term. The initial term (“Initial Term”) of this Agreement shall commence on the Commercial Operation
Date (as defined below) and continue for the length of time specified in Exhibit 1, unless earlier terminated as
provided for in this Agreement. The “Commercial Operation Date” is the date Seller gives Purchaser written
notice that the Systems are mechanically complete and capable of providing electric energy to the Delivery Points.
Such notice shall be deemed effective unless Purchaser reasonably objects within five (5) days of the date of such
notice. Upon Purchaser’s request, Seller will give Purchaser copies of certificates of completion or similar
documentation from Seller’s contractor and the interconnection or similar agreement with the entity authorized and
required under applicable law to provide electric distribution service to Purchaser at each Facility (the “Utility”), as
set forth on Exhibits 2A through 2H. This Agreement is effective as of the Effective Date and Purchaser’s failure
to enable Seller to provide the electric energy by preventing it from installing the Systems or otherwise not
performing shall not excuse Purchaser’s obligations to make payments that otherwise would have been due under
this Agreement.
b.
Additional Terms. Prior to the end of the Initial Term or of any applicable Additional Term, as defined below, if
Purchaser has not exercised its option to purchase the Systems, either Party may give the other Party written notice
of its desire to extend this Agreement on the terms and conditions set forth herein for the number and length of
additional periods specified in Exhibit 1 (each such additional period, an “Additional Term”). Such notice shall be
given, if at all, not more than one hundred twenty (120) and not less than sixty (60) days before the last day of the
Initial Term or the then current Additional Term, as applicable. The Party receiving the notice requesting an
Additional Term shall respond positively or negatively to that request in writing within thirty (30) days after receipt
of the request. Failure to respond within such thirty (30) day period shall be deemed a rejection of the offer for an
Additional Term. If both Parties agree to an Additional Term, the Additional Term shall begin immediately upon
the conclusion of the Initial Term or the then current term on the same terms and conditions as set forth in this
Agreement. If the Party receiving the request for an Additional Term rejects or is deemed to reject the first Party’s
offer, this Agreement shall terminate at the end of the Initial Term (if the same has not been extended) or the then
current Additional Term.
Billing and Payment.
a.
Monthly Charges. Purchaser shall pay Seller monthly for the electric energy generated by the System and
delivered to the Delivery Point at the $/kWh rate shown in Exhibit 1 (the “Contract Price”). The monthly payment
for such energy will be equal to the applicable $/kWh rate multiplied by the number of kWh of energy generated
during
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