BC Meeting Materials June 8, 2016
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Oneida Nation
BC Meeting Materials June 8, 2016
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 130 pages are the Open Session meeting materials presented at a
meeting duly called, noticed and held on the 8th day of June, 2016.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Page 1 of 122
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, June 7, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, June 8, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: http://oneida-nsn.gov/
I.
CALL TO ORDER AND ROLL CALL
II.
OPENING
III.
ADOPT THE AGENDA
IV.
OATHS OF OFFICE
V.
A. Oneida Election Board – Patricia Moore and Candace House
Sponsor:
Lisa Summers, Tribal Secretary
page 7
B. Audit Committee – James Skenandore Jr.
Sponsor:
Lisa Summers, Tribal Secretary
page 9
MINUTES
A. Approve May 25, 2016, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
VI.
page 11
RESOLUTIONS
A. Adopt resolution titled DOJ/OJJDP FY16 Reducing Reliance on Confinement and
Improving Community-Based Responses for Girls At Risk of Entering the Juvenile Justice
System Grant Program
Sponsor:
Don White, Division Director/Governmental Services
Oneida Business Committee Regular Meeting Agenda of June 8, 2016
Page 1 of 6
page 28
Page 2 of 122
VII.
APPOINTMENTS
A. Approve request to re-post two (2) vacancies on the Oneida Personnel Commission
Sponsor:
Tina Danforth, Tribal Chairwoman
VIII.
page 34
STANDING COMMITTEES
A. Legislative Operating Committee
Sponsor:
Councilman Brandon Stevens, Chair
1. Accept May 18, 2016, Legislative Operating Committee meeting minutes
page 36
B. Finance Committee
Sponsor:
Treasurer Trish King, Chair
1. Approve May 31, 2016, Finance Committee meeting minutes
page 41
C. Community Development & Planning Committee (No Requested Action)
D. Quality of Life Committee (No Requested Action)
IX.
GENERAL TRIBAL COUNCIL
A. Approve request to add Petitioner Nancy Barton: To open an emergency food pantry to the
August 10, 2016, special General Tribal Council meeting agenda
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM MAY 11, 2016: (1) Motion by Lisa Summers to table this item until later on the
agenda so that we have time to read the statement over the lunch hour and we will take it up this
afternoon, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Tehassi Hill
to take this item from the table, seconded by Trish King. Motion carried unanimously. (3) Motion
by David Jordan to accept the financial analysis regarding Petitioner Nancy Barton: To open an
Emergency Food Pantry, seconded by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to accept the legal analysis noting
the financial analysis is due at the May 11, 2016, regular Business Committee meeting, seconded
by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to accept the verbal update
from Chief Counsel and Chief Finance Officer on the status of the analyses and the item be
deferred for sixty (60) days, seconded by Brandon Stevens. Motion carried unanimously.
EXCERPT FROM JANUARY 13, 2016: Motion by Lisa Summers to accept the legislative
analysis, seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to accept the progress
report as information and to defer the legal and financial analyses to the February 24, 2016,
regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously.
EXCERPT FROM OCTOBER 28, 2015: Motion by David Jordan to accept the verified petition
submitted by Nancy Barton: To open an Emergency Food Pantry; to send the verified petition to
the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial,
legislative, and administrative analyses to be completed; to direct the Law, Finance, and
Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty
(60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct
Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office
within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of June 8, 2016
Page 2 of 6
page 49
Page 3 of 122
X.
STANDING ITEMS (No Requested Action)
XI.
UNFINISHED BUSINESS
A. Accept update regarding Oneida Sacred Burial Grounds per GTC Directive
Sponsor:
Brandon Stevens, Councilman
page 52
EXCERPT FROM MARCH 9, 2016: (1) Motion by Tehassi Hill to accept the presentation
regarding the Oneida Sacred Burial Grounds per GTC Directive, seconded by Trish King. Motion
carried unanimously. (2) Amendment to the main motion by Tehassi Hill to request an update at
the first regular Business Committee meeting in June regarding potential locations of the
cemetery, seconded by Trish King. Motion carried unanimously.
XII.
TABLED BUSINESS (No Requested Action)
XIII.
NEW BUSINESS
A. Approve Oneida Business Committee Standard Operating Procedure titled Grantee
Notification of Award Close-Out
Sponsor:
Lisa Summers, Tribal Secretary
XIV.
page 55
TRAVEL
A. TRAVEL REPORTS (No Requested Action)
B. TRAVEL REQUESTS
1. Approve travel request in accordance with section 16-1 of the Travel & Expense Policy
– Four (4) Division of Land Management employees and up to two (2) Land
Commissioners – 5th Annual Partners in Action Conference – Sault Ste. Marie, MI –
July 19-21, 2016
Sponsor: Patrick Pelky, Interim Division Director/Land Management
2. Approve travel request – Councilman David Jordan – Indigenous Gathering Space
Dedication – Hamilton, Ontario, Canada – June 20-22, 2016
XV.
REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)
A. UNFINISHED REPORTS
1. Accept Land Claims Commission FY ’16 2nd quarter report (Report not submitted)
Chair:
Loretta Metoxen
Liaison: Brandon Stevens, Councilman
EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to defer the Land Claims
Commission FY ’16 2nd quarter report to the June 8, 2016, regular Business Committee
meeting, seconded by Jennifer Webster. Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of June 8, 2016
Page 3 of 6
page 58
page 63
Page 4 of 122
B. OPERATIONAL REPORTS
1. Accept Self-Governance FY ’16 2nd quarter report
(1:30 p.m.-1:50 p.m.)
Sponsor: Chris Johns, Coordinator/Self-Governance
page 66
2. Accept Emergency Management FY ’16 2nd quarter report
(1:50 p.m.-2:10 p.m.)
Sponsor: Kaylynn Gresham, Director/Emergency Management Department
page 75
C. CORPORATE REPORTS
1. Accept Oneida Golf Enterprise FY ’16 2nd quarter report
(2:10 p.m.-2:20 p.m.)
Agent:
Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
page 80
2. Accept Oneida Airport Hotel Corporation FY ’16 2nd quarter report
(2:20 p.m.-2:30 p.m.)
President: Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
page 85
3. Accept Bay Bancorporation Inc. FY ’16 2nd quarter report
(2:30 p.m.-2:40 p.m.)
President: Jeff Bowman
Liaison:
Tina Danforth, Tribal Chairwoman
page 90
4. Accept Oneida Seven Generations Corporation FY ’16 2nd quarter report
(2:40 p.m.-2:50 p.m.)
Agent:
Pete King III
Liaison:
Tina Danforth, Tribal Chairwoman
page 94
5. Accept Oneida Total Integrated Enterprise FY ’16 2nd quarter report
(2:50 p.m.-3:00 p.m.)
Chair:
Butch Rentmeester
Liaison:
Tehassi Hill, Councilman
page 97
6. Accept Oneida Engineering Science & Construction, LLC FY ’16 2nd quarter report
(3:00 p.m.-3:10 p.m.)
Chair:
Jacquelyn Zalim
Liaison:
Tehassi Hill, Councilman
page 116
D. BOARDS, COMMITTEES, AND COMMISSIONS (No Requested Action)
Oneida Business Committee Regular Meeting Agenda of June 8, 2016
Page 4 of 6
Page 5 of 122
XVI.
EXECUTIVE SESSION
A. REPORTS
1. Accept Oneida Golf Enterprise FY ’16 2nd quarter report
page 123
2. Accept Oneida Airport Hotel Corporation FY ’16 2nd quarter report
page 132
3. Accept Bay Bancorporation Inc. FY ’16 2nd quarter report
page 172
4. Accept Oneida Seven Generations Corporation FY ’16 2nd quarter report
page 184
5. Accept Oneida Total Integrated Enterprise FY ’16 2nd quarter report
page 194
6. Accept Oneida Engineering Science & Construction, LLC FY ’16 2nd quarter report
page 201
7. Accept Chief Counsel report – Jo Anne House, Chief Counsel
page 205
a. Accept litigation update from Attorney Locklear
(9:45 a.m.-11:00 a.m.)
page 206
(1:30 p.m.-2:00 p.m.)
Agent:
Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
(2:00 p.m.-2:30 p.m.)
President: Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
(2:30 p.m.-3:00 p.m.)
President: Jeff Bowman
Liaison:
Tina Danforth, Tribal Chairwoman
(3:00 p.m.-3:30 p.m.)
Agent:
Pete King III
Liaison:
Tina Danforth, Tribal Chairwoman
(3:30 p.m.-4:00 p.m.)
Chair:
Butch Rentmeester
Liaison:
Tehassi Hill, Councilman
(4:00 p.m.-4:30 p.m.)
Chair:
Jacquelyn Zalim
Liaison:
Tehassi Hill, Councilman
8. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
a. Accept branding and governmental seal update
page 208
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
C. AUDIT COMMITTEE
Sponsor:
Tehassi Hill, Councilman
1. Accept Mini Baccarat audit and lift confidentiality requirement allowing tribal members
to view the audit
2. Accept April 14, 2016, Audit Committee meeting minutes
Oneida Business Committee Regular Meeting Agenda of June 8, 2016
Page 5 of 6
page 210
page 227
Page 6 of 122
D. UNFINISHED BUSINESS
1. Accept follow-up to concern # 2016-CC-06 and discussion of case management
(9:00 a.m.-9:45 a.m.)
Sponsor: Lisa Summers, Tribal Secretary
page 231
EXCERPT FROM MAY 11, 2016: (1) Motion by Tehassi Hill to direct the Vice-Chairwoman to
follow-up with the Patient Referred Care issues referenced by the Tribal Member; and to
request from the Anna John Residential Centered Care Center a report on rate of denials,
reason for denials, and occupancy, seconded by Jennifer Webster. Motion carried with one
abstention. (2) Motion by Jennifer Webster to request the Tribal Secretary to follow-up with
Elderly Services on the access to the Benefit Specialist issues referenced by Tribal Member,
seconded by Tehassi Hill. Motion carried with one opposed and one abstention. (3) Motion by
Tehassi Hill to forward the discussion to the next regular Business Committee meeting; and
to direct the Comprehensive Health and Governmental Services Division Directors to attend
and bring the appropriate staff to discuss case management for Elder Housing, Elder
Services, Patient Referred Care, and the Anna John Residential Centered Care Center,
seconded by Jennifer Webster. Motion carried with two abstentions.
E. TABLED BUSINESS (No Requested Action)
F. NEW BUSINESS
1. Approve limited waiver of sovereign immunity – Wisconsin State-Transportation –
contract # 2016-0519
Sponsor: Patrick Pelky, Interim Division Director/Land Management
2. Approve limited waiver of sovereign immunity – Micros Fidelio Worldwide, LLC –
contract # 2016-0538
Sponsor: Louise Cornelius, Gaming General Manager
3. Approve limited waiver of sovereign immunity – Baker Tilly Virchow Krause, LLP –
contract # 2016-0558
Sponsor: Larry Barton, Chief Financial Officer
page 291
page 309
4. Adopt resolution titled Regarding Pardon of Thomas Lee
page 321
5. Adopt resolution titled Regarding Pardon of Lindsey Danforth
page 324
Sponsor:
Sponsor:
XVII.
page 233
Lisa Summers, Tribal Secretary
Lisa Summers, Tribal Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 11:00 a.m., Friday, June 3, 2016, pursuant to the
Open Records and Open Meetings Law, section 7.17-1. For additional information, please call the Business Committee
Support Office at (920) 869-4364.
The meeting packet of the open session materials for this meeting is available to members of the Oneida Nation by going
to the Members-Only section of the Oneida Nation’s official website at: https://oneida-nsn.gov/member-login/.
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.
Oneida Business Committee Regular Meeting Agenda of June 8, 2016
Page 6 of 6
Page 7 of 122
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
6
/ 8
/ 16
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 Patricia Moore and Candace House to the Oneida Election 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:
Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Page 8 of 122
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the February 18, 2016 issue of the Kalihwisaks for (2) vacancies on the Oneida Election Board
for Patricia Moore to finish the term until 8/14/16 and Candace House to finish the term until 8/14/17 with the
deadline of March 18, 2016. There were (2) applicants for the (2) vacancies on the Oneida Election Board. The
appointment was made on the May 11, 2016 BC Agenda. They were schedule to be on the May 25, 2016 BC
meeting but called to reschedule.
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
Page 9 of 122
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
6
/ 8
/ 16
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 James Skenandore Jr. to the Oneida Audit 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:
Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Page 10 of 122
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the March 17, 2016 issue of the Kalihwisaks for (1) vacancy on the Oneida Audit Committee
for a 3 year term with the deadline of April18, 2016. There were (2) applicants for the (1) vacancy on the Oneida
Audit Committee. The appointment was made on the May 25, 2016 BC Agenda.
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
Page 11 of 122
/ /
Page 12 of 122
DRAFT
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, May 24, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, May 25, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: ;
Arrived at: Vice-Chairwoman Melinda J. Danforth at 2:10 p.m.;
Others present: Jo Anne House, Lisa Liggins, RaLinda Ninham-Lamberies, Louise Cornelius, Chad
Fuss, Janice Skenandore-Hirth, Josh Doxtator, Loucinda Conway, Mary Graves, Nathan King, Tana
Aguirre, Sharon Mousseau;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster;
Not Present: ;
Arrived at: Vice-Chairwoman Melinda J. Danforth at 1:25 p.m.;
Others present: Brad Graham, Bill Graham, Jo Anne House, Heather Heuer, Debra Danforth, Jessica
Wallenfang, Dawn Walschinski, Rhiannon Metoxen, Chris Johnson, Kathy Metoxen, Wes Martin Jr.,
Nancy Barton, Ravinder Vir, Doug McIntyre, Dawn Moon-Kopetsky, Mary Graves, RaLinda NinhamLamberies, Marena Bridges, Ed Delgado, Gina Buenrostro, Sharon Mousseau, Maureen Perkins, Brian
Doxtator, Linda Jenkins, Taniquelle Thurner, Cathy Metoxen, Leyne Orosco, Paul Witek, Chaz Wheelock,
Madelyn Genskow, Michelle Mays, Laura Manthe, Marlene Garvey, Dale Powless, Bonnie Pigman;
I.
CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:02 a.m.
For the record:
II.
Vice-Chairwoman Melinda J. Danforth is taking personal time during the
morning session. Chairwoman Tina Danforth, Councilwoman Fawn Billie,
and Councilman Tehassi Hill are excused during the afternoon session
to attend the Oneida Nation 8th grade graduation ceremony.
OPENING by Councilman Tehassi Hill
Oneida Business Committee Regular Meeting Minutes - DRAFT of May 25, 2016
Page 1 of 16
Page 13 of 122
DRAFT
III.
ADOPT THE AGENDA (00:03:58)
Motion by Tehassi Hill to adopt the agenda with the following changes: [Schedule item 13.B. Approve
limited waiver of sovereign immunity – Discovery Education – contract # 2016-0483 at 9:10 a.m.;
Schedule item 15.C.01. Accept Oneida Nation School Board FY ’16 2nd quarter report at 9:20 a.m.; and
Schedule item 15.A.01 Accept Comprehensive Health Division FY ’16 2nd quarter report at 9:30 a.m.],
seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
IV.
OATHS OF OFFICE (00:09:23) administered by Secretary Lisa Summers
A. Oneida Nation Arts Board – Marena Bridges and Dawn Walschinski
Sponsor:
Lisa Summers, Tribal Secretary
B. Oneida Election Board – Patricia Moore (Not present)
Sponsor:
V.
Lisa Summers, Tribal Secretary
MINUTES (00:12:05)
A. Approve May 5, 2016, emergency meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the May 5, 2016, emergency meeting minutes, seconded by Jennifer
Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
B. Approve May 11, 2016, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the May 11, 2016, regular meeting minutes, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
VI.
RESOLUTIONS
Treasurer Trish King departs at 11:56 a.m.
A. Adopt resolution titled Adoption of Marriage Law Amendments (2:24:20)
Sponsor:
Brandon Stevens, Councilman
Motion by David Jordan to adopt resolution 05-25-16-A Adoption of Marriage Law Amendments,
seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Melinda J. Danforth, Trish King
Oneida Business Committee Regular Meeting Minutes - DRAFT of May 25, 2016
Page 2 of 16
Page 14 of 122
DRAFT
Motion by Lisa Summers to request the Legislative Operating Committee to also process an amendment
to the Marriage Law that identifies recourses for individuals who feel their rights have been violated under
the law, what that process is, and what it looks like, seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King
Treasurer Trish King returns at 11:59 a.m.
Motion by David Jordan to recess at 12:02 p.m. and to reconvene at 1:30 p.m., seconded by Tehassi Hill.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m. to go into the Reports
section of the agenda.
Chairwoman Tina Danforth, Councilwoman Fawn Billie, Councilman Tehassi Hill, and Councilman
Brandon Stevens not present.
Councilman Brandon Stevens arrives at 1:31 p.m.
VII.
APPOINTMENTS 1 (3:53:48)
A. Approve recommendation to appoint Jim Skenandore Jr. to the Audit Committee (3:53:48)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to approve the recommendation to appoint Jim Skenandore Jr. to the Audit
Committee, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
VIII.
STANDING COMMITTEES
A. Legislative Operating Committee
Sponsor:
Councilman Brandon Stevens, Chair
1. Accept May 4, 2016, Legislative Operating Committee meeting minutes (3:54:27)
Motion by Jennifer Webster to accept the May 4, 2016, Legislative Operating Committee meeting
minutes, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
1
This section of the agenda follows after completion of the XV. Reports section.
Oneida Business Committee Regular Meeting Minutes - DRAFT of May 25, 2016
Page 3 of 16
Page 15 of 122
DRAFT
2. Accept Legislative Operating Committee FY ’16 2nd quarter report (3:59:18)
Motion by Lisa Summers to accept the Legislative Operating Committee FY ’16 2nd quarter report,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
B. Finance Committee
Sponsor:
Treasurer Trish King, Chair
1. Approve May 16, 2016, Finance Committee meeting minutes (4:01:25)
Motion by David Jordan to approve the May 16, 2016, Finance Committee meeting minutes, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
David Jordan, Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
2. Approve E-poll results for approval of a Capital Expenditure Purchase of an
InterSeeder in the amount of $90,999 (4:03:28)
Motion by David Jordan to approve the procedural exception regarding the E-poll results approving a
Capital Expenditure Purchase of an InterSeeder in the amount of $90,999, seconded by Jennifer
Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
C. Community Development & Planning Committee (No Requested Action)
D. Quality of Life Committee
Sponsor:
Councilwoman Fawn Billie, Chair
1. Accept March 10, 2016, Quality of Life Committee meeting minutes (4:11:37)
Motion by David Jordan to accept the March 10, 2016, Quality of Life Committee meeting minutes,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
2. Accept April 14, 2016, Quality of Life Committee meeting minutes (4:23:37)
Motion by Jennifer Webster to accept the April 14, 2016, Quality of Life Committee meeting minutes,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
Oneida Business Committee Regular Meeting Minutes - DRAFT of May 25, 2016
Page 4 of 16
Page 16 of 122
DRAFT
IX.
GENERAL TRIBAL COUNCIL
A. Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board
EXCERPT FROM MAY 11, 2016: Motion by Jennifer Webster to defer the legal analysis to
the next regular business Committee meeting, seconded by David Jordan. Motion carried
unanimously.
EXCERPT FROM APRIL 27, 2016: Motion by Melinda J. Danforth to accept the legislative
progress report, seconded by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM March 9, 2016: Motion by David Jordan to accept the verified petition from
Michael Debraska to establish a Health Care Board; to send the verified petition to the Law,
Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative,
and administrative analyses to be completed; to direct the Law, Finance, and Legislative
Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60)
days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct
Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s
Office within thirty (30) days, seconded by Trish King. Motion carried unanimously.
1. Accept legislative analysis (4:36:27)
Sponsor:
Brandon Stevens, Councilman
Motion by Lisa Summers to accept the legislative analysis regarding Petitioner Michael Debraska: Special
GTC meeting to establish a Health Care Board, seconded by David Jordan. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
2. Accept legal analysis (4:40:14)
Sponsor:
Jo Anne House, Chief Counsel
Motion by Lisa Summers to accept the legal analysis regarding Petitioner Michael Debraska: Special GTC
meeting to establish a Health Care Board, seconded by David Jordan. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
3. Defer financial analysis for thirty (30) days (4:40:46)
Sponsor:
Larry Barton, Chief Financial Officer
Motion by David Jordan to defer the financial analysis regarding Petitioner Michael Debraska: Special
GTC meeting to establish a Health Care Board for thirty (30) days, seconded by Jennifer Webster.
Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
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B. Accept financial analysis regarding Petitioner Michael Debraska: Special GTC meeting for
Per Capita Distribution $3,000/$5,000 (4:41:29)
Sponsor:
Larry Barton, Chief Financial Officer
EXCERPT FROM MAY 12, 2016: Motion by David Jordan to accept the verified petition from
Michael Debraska regarding Per Capita Distribution; to send the verified petition to the Law,
Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and
administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference
Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a
progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to
submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30)
day, seconded by Lisa Summers. Motion carried unanimously.
Motion by Lisa Summers to accept the financial analysis regarding Petitioner Michael Debraska: Special
GTC meeting for Per Capita Distribution $3,000/$5,000, seconded by David Jordan. Motion carried
unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
C. Approve 2016 Semi-Annual General Tribal Council meeting materials (4:43:52)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to defer this item to a special Business Committee meeting to be scheduled next
week, seconded by Jennifer Webster. Motion carried unanimously:
Councilman David Jordan departs at 3:25 p.m. before voting occurs
Ayes:
Not Present:
For the record:
For the record:
X.
Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan
Councilwoman Jennifer Webster stated on Wednesday, July 6th, I will not
be in attendance at the GTC meeting. I will be on vacation.
Chairwoman Tina Danforth stated I will be out of the office on
Wednesday and Friday on personal time. Tuesday I have meetings out
of the office.
STANDING ITEMS
Councilman David Jordan returns at 3:38 p.m.
Treasurer Trish King departs at 3:40 p.m.
A. Accept update regarding Work Plan for CIP # 14-002 Cemetery Improvements (5:00:54)
Sponsor:
James Petitjean, Interim Assistant Division Director/Development
Motion by Jennifer Webster to accept the update regarding Work Plan for CIP # 14-002 Cemetery
Improvements, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
Motion by Lisa Summers to recess at 3:43 p.m. until 3:53 p.m., seconded by David Jordan. Motion
carried unanimously:
Ayes:
David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King
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Meeting called to order by Chairwoman Tina Danforth at 3:54 p.m.
Vice-Chairwoman Melinda J. Danforth, Councilwoman Fawn Billie, and Councilman Tehassi Hill not
present.
B. Accept update from Constitutional Amendments Implementation Team; and approve
request to revise reporting schedule to every other month (5:14:40)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Brandon Stevens to accept the update from the Constitutional Amendments Implementation
Team, seconded by Trish King. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
Motion by Lisa Summers to approve the request to revise the reporting schedule from the Constitutional
Amendments Implementation team to the second regular Business Committee meeting of every other
month, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
XI.
UNFINISHED BUSINESS (No Requested Action)
XII.
TABLED BUSINESS (No Requested Action)
XIII.
NEW BUSINESS
A. Approve request to post one (1) vacancy on the Oneida Police Commission (5:21:16)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the request to post one (1) vacancy on the Oneida Police
Commission, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
B. Approve limited waiver of sovereign immunity – Discovery Education – contract # 20160483 (00:13:20) (This item is scheduled at 9:10 a.m.)
Sponsor:
Fawn Billie, Councilwoman
Motion by Fawn Billie to approve the limited waiver of sovereign immunity – Discovery Education –
contract # 2016-0483, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
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C. Approve limited waiver of sovereign immunity – Memorandum of Agreement for Project
BE-16-J78 Beechtree Lane Water and Sewer Extension – contract # 2016-0450; and
authorize the Tribal Chairwoman to sign-off on agreement (5:21:43)
Sponsor:
Jacque Boyle, Interim Assistant Division Director/Development-Operations
Motion by David Jordan to approve the limited waiver of sovereign immunity – Memorandum of
Agreement for Project BE-16-J78 Beechtree Lane Water and Sewer Extension – contract # 2016-0450;
and to authorize the Tribal Chairwoman to sign-off on agreement, seconded by Lisa Summers. Motion
carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
D. Approve limited waiver of sovereign immunity – Wisconsin Public Service – contract #
2016-0510 (5:22:41)
Sponsor:
James Petitjean, Interim Assistant Division Director/Development
Motion by David Jordan to approve the limited waiver of sovereign immunity – Wisconsin Public Service –
contract # 2016-0510, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
Secretary Lisa Summers departs at 4:04 p.m.
Secretary Lisa Summers returns at 4:06 p.m.
E. Approve Oneida Business Committee Special Projects for FY 2017 budget consideration
(5:23:14)
Sponsor:
Trish King, Tribal Treasurer
Motion by Lisa Summers to approve the requested amount of $100,700 for the Oneida Business
Committee “Special Projects Budget” including the support of the language fund initiative of $15,000 to be
budgeted in the appropriate Governmental Services Division budget; and to support the signage initiative
amount of $38,000 to be budgeted in the appropriate Developmental Division budget, seconded by Trish
King. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
F. Approve Oneida Business Committee Corporate Credit Card Standard Operating
Procedure (5:39:52)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the Oneida Business Committee Corporate Credit Card Standard
Operating Procedure with the following changes: [Add a definition of “appropriate parties” identified in
section 3.5.1.1.1; and Revise section 3.3.2 to read “Business Committee members or designee may sign
out their credit card no more than 3 business days prior to their approved travel date and no more than 3
business days on their return.”], seconded by David Jordan. Motion carried with one opposed:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Opposed:
Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
Motion by Lisa Summers to reinstate the use of corporate credit cards by Oneida Business Committee
members, seconded by Brandon Stevens. Motion carried with one opposed:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Opposed:
Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
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XIV.
TRAVEL (No Requested Action)
A. TRAVEL REPORTS
B. TRAVEL REQUESTS
XV.
REPORTS
A. OPERATIONAL REPORTS
Councilman Brandon Stevens departs at 10:10 a.m.
Councilman Brandon Stevens returns at 10:15 a.m.
Councilman Tehassi Hill departs at 10:18 a.m.
Secretary Lisa Summers departs at 10:34 a.m.
Councilman Tehassi Hill returns at 10:34 a.m.
Secretary Lisa Summers returns at 10:36 a.m.
Treasurer Trish King departs at 10:40 a.m.
Treasurer Trish King returns at 10:44 a.m.
1. Accept Comprehensive Health Division FY ’16 2nd quarter report (00:37:42)
(This item is scheduled at 9:30 a.m.)
Sponsor:
Debra Danforth, Division Director/Comprehensive Health Operations & Dr.
Ravinder Vir, Division Director/Medical Operations
Motion by David Jordan to accept the Comprehensive Health Division FY ’16 2nd quarter report, seconded
by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
B. CORPORATE REPORTS (No Requested Action)
C. BOARDS, COMMITTEES, AND COMMISSIONS
1. Accept Oneida Nation School Board FY ’16 2nd quarter report (00:15:44)
(This item is scheduled at 9:20 a.m.)
Chair:
Debra Danforth
Liaison:
Fawn Billie, Councilwoman
Motion by Jennifer Webster to accept the Oneida Nation School Board FY ’16 2nd quarter report,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
2. Accept Environmental Resources Board FY ’16 2nd quarter report (3:00:28)
(1:30 p.m.-1:45 p.m.)
Chair:
Marlene Garvey
Liaison:
Tehassi Hill, Councilman
Motion by Jennifer Webster to accept the Environmental Resources Board FY ’16 2nd quarter report,
seconded by David Jordan. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Fawn Billie, Tehassi Hill
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Chairwoman Tina Danforth arrives at 1:48 p.m. and resumes responsibility of the Chair.
3. Accept Child Protective Board FY ’16 2nd quarter report (3:04:34)
(1:45 p.m.-2:00 p.m.)
Chair:
Dale Powless
Liaison:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to accept the Child Protective Board FY ’16 2nd quarter report, seconded by
Brandon Stevens. Motion carried unanimously:
Ayes:
Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Fawn Billie, Tehassi Hill
Vice-Chairwoman Melinda J. Danforth departs at 2:20 p.m.
4. Accept Oneida Library Board FY ’16 2nd quarter report (3:51:21)
(2:00 p.m.-2:15 p.m.)
Vice-Chair:
Roxanne Anderson
Liaison:
Fawn Billie, Councilwoman
Motion by Lisa Summers to accept the Oneida Library Board FY ’16 2nd quarter report, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
5. Accept Land Claims Commission FY ’16 2nd quarter report (3:51:56)
(Report not submitted)
Chair:
Loretta Metoxen
Liaison:
Brandon Stevens, Councilman
Motion by Lisa Summers to defer the Land Claims Commission FY ’16 2nd quarter report to the June 8,
2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
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XVI.
EXECUTIVE SESSION
A. REPORTS
1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager
(5:53:40) (9:00 a.m. – 9:45 a.m.)
Motion by Brandon Stevens to accept the Gaming General Manager report, seconded by David Jordan.
Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
a. Approve limited waiver of sovereign immunity – Shift4Dollars-Net Service
Agreement – contract # 2016-0391 (5:54:21)
Motion by Lisa Summers to approve the limited waiver of sovereign immunity – Shift4Dollars-Net Service
Agreement – contract # 2016-0391, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
b. Approve request to support Gaming General Manager’s term renewal on the
Green Bay Area Chamber of Commerce Board of Directors (5:54:50)
Motion by Jennifer Webster to approve the request to support the Gaming General Manager’s term
renewal on the Green Bay Area Chamber of Commerce Board of Directors, seconded by David Jordan.
Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
Motion by Jennifer Webster to accept the Intergovernmental Affairs & Communications report, seconded
by David Jordan. Motion carried unanimously: (5:55:20)
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
Motion by Lisa Summers to approve up to three (3) Business Committee members to attend the
inauguration events in January of 2017, seconded by Jennifer Webster. Motion carried unanimously:
(6:13:40)
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
For the record:
Chairwoman Tina Danforth stated I want to be included as one of the
three.
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3. Accept Chief Counsel report – Jo Anne House, Chief Counsel (5:55:49)
Motion by Jennifer Webster to accept the Chief Counsel report, seconded by David Jordan. Motion
carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association (5:56:49)
(9:45 a.m. – 10:15 a.m.)
Sponsor: Trish King, Tribal Treasurer
Motion by David Jordan to accept the update regarding Golf Enterprise – Ladies Professional Golf
Association, noting the correspondence from Andrus is accepted as information, seconded by Trish King.
Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
C. AUDIT COMMITTEE
Sponsor:
Tehassi Hill, Councilman
1. Accept update and presentation regarding audit # 336 (5:57:51)
(11:00 a.m. – 12:00 p.m.)
Motion by David Jordan to accept the update and presentation regarding audit # 336, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
Motion by Jennifer Webster to request the summary of the actionable employment items be forwarded to
the supervisor for the appropriate follow-up to be completed in the next (2) two weeks, noting this followup be reported back to the Business Committee in that time frame, seconded by David Jordan. Motion
carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
D. UNFINISHED BUSINESS
1. Approve request to close-out complaint # 2015-DR11-01 (5:59:50)
Sponsor:
David Jordan, Councilman
EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR11-01 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi
Hill. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding
Complaint # 2015-DR11-01 to the April 27, 2016, regular Business Committee meeting,
seconded by Jennifer Webster.
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EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding
complaint # 2015-DR11-01 to the March 30, 2016, regular Business Committee meeting,
seconded by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of
the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn
Billie. Motion carried unanimously.
EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint #
2015-DR11-01 and to defer item to Chairwoman Tina Danforth, Councilman David Jordan,
and Councilman Brandon Stevens for follow-up, seconded by Jennifer Webster. Motion
carried unanimously.
Motion by David Jordan to approve the request to close-out complaint # 2015-DR11-01, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
2. Approve request to close-out complaint # 2015-DR11-02 (6:00:24)
Sponsor:
David Jordan, Councilman
EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR11-02 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi
Hill. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding
Complaint # 2015-DR11-02 to the April 27, 2016, regular Business Committee meeting,
seconded by Jennifer Webster.
EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding
complaint # 2015-DR11-02 to the March 30, 2016, regular Business Committee meeting,
seconded by Brandon Stevens. Motion carried unanimously.
EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of
the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn
Billie. Motion carried unanimously.
EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint #
2015-DR11-02 and to defer item to Chairwoman Tina Danforth, Councilman David Jordan,
and Councilman Brandon Stevens for follow-up, seconded by Fawn Billie. Motion carried
unanimously.
Motion by David Jordan to approve the request to close-out complaint # 2015-DR11-02; and to accept
item as information, seconded by Trish King. Motion carried with one abstention:
Ayes:
David Jordan, Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
3. Approve request to close-out complaint # 2015-DR14-01 (6:01:04)
Sponsor:
David Jordan, Councilman
EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR14-01 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi
Hill. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding
Complaint # 2015-DR14-01 to the April 27, 2016, regular Business Committee meeting,
seconded by Jennifer Webster.
EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding
complaint # 2015-DR14-01 to the March 30, 2016, regular Business Committee meeting,
seconded by Brandon Stevens. Motion carried unanimously.
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EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of
the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn
Billie. Motion carried unanimously.
EXCERPT FROM DECEMBER 9, 2015: Motion by David Jordan to defer complaint # 2015DR14-01 to Chairwoman Tina Danforth, Councilman David Jordan, and Councilman Brandon
Stevens for follow-up, seconded by Lisa Summers. Motion carried unanimously.
Motion by David Jordan to approve the request to close-out complaint # 2015-DR14-01, seconded by
Brandon Stevens. Motion carried with one abstention:
Ayes:
David Jordan, Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
4. Accept update regarding complaint # 2016-DR06-01; and defer item to the June 22,
2016, regular Business Committee meeting (6:01:37)
Sponsor:
Tehassi Hill, Councilman
EXCERPT FROM MARCH 30, 2016: Motion by Tehassi Hill to accept Complaint # 2016DR06-01, to acknowledge merit, and to assign Councilman Brandon Stevens, Councilman
Tehassi Hill, and Councilwoman Jennifer Webster, seconded by Fawn Billie. Motion carried
with one abstention.
Motion by Lisa Summers to accept the update regarding complaint # 2016-DR06-01; and to defer item to
the June 22, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried
unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
5. Accept updated correspondence from the Oneida Personnel Commission dated May
12, 2016, for the record and determine appropriate next steps (6:02:04)
Sponsor: Lisa Summers, Tribal Secretary
EXCERPT FROM MAY 11, 2016: Motion by Jennifer Webster to defer the outstanding
request back to the Oneida Personnel Commission to request they review and update their
request, if needed; and for the Oneida Personnel Commission to submit a finalized request to
the Business Committee for the June 8, 2016, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried with one opposed and two abstentions.
Motion by Jennifer Webster to accept the Chairwoman’s verbal recommendation to support the
recommendation from the Oneida Personnel Commission regarding the termination, seconded by Lisa
Summers. Motion carried with one abstention:
Ayes:
David Jordan, Trish King, Lisa Summers, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
E. TABLED BUSINESS (No Requested Action)
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F. NEW BUSINESS
1. Approve limited waiver of sovereign immunity – Trane US Inc. – contract # 2016-0482
(6:04:20) (This item is scheduled at 1:30 p.m.)
Sponsor:
Fawn Billie, Councilwoman
Motion by David Jordan to approve the limited waiver of sovereign immunity – Trane US Inc. – contract #
2016-0482, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
2. Review complaint # 2016-CC-07 and determine appropriate next steps (6:05:05)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to forward complaint # 2016-CC-07 to the Legislative Operating Committee,
noting it is considered closed on the Business Committee agenda, seconded by David Jordan. Motion
carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
3. Review complaint # 2016-CC-08 and determine appropriate next steps (6:05:48)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to forward the appropriate portion of the complaint to the Oneida Police
Commission to address; to close-out complaint # 2016-CC-08; and to direct Councilwoman Fawn Billie to
provide a response to the complainant seconded by Lisa Summers. Motion carried with one abstention:
Ayes:
Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster
Abstained:
David Jordan
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
4. Review complaint # 2016-DR02-01 and determine appropriate next steps (6:06:59)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to close-out complaint # 2016-DR02-01 as insufficient; and to direct
correspondence be sent to the complainant in accordance with the Standard Operating Procedure,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
5. Review complaint # 2016-DR10-02 and determine appropriate next steps (6:07:58)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to close-out complaint # 2016-DR10-02 as having been created in error; to
forward the documented complaint to the Police Commission for follow-up; and to direct correspondence
be sent to the complainant in accordance with the Standard Operating Procedure, seconded by Jennifer
Webster. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
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6. Approve request to direct Business Committee Officers to work with Operations
Branch of Development Division to remove Oneida Indian Development Land signs
(6:12:54)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the request to direct Business Committee Officers to work with the
Operations Branch of Development Division to remove Oneida Indian Development Land signs,
seconded by David Jordan. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
7. Approve staff attorney contract # 2016-0540 (6:13:17)
Sponsor:
Jo Anne House, Chief Counsel
Motion by Jennifer Webster to approve the staff attorney contract # 2016-0540, seconded by Trish King.
Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
XVII.
ADJOURN
Motion by Lisa Summers to adjourn at 4:55 p.m., seconded by David Jordan. Motion carried
unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented/corrected on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
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06 / 08 / 16
===============
Submitted by Susan House, Area Manager-Parks & Recreation
Page 29 of 122
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Oneida Nation
BC Resolution # __-__-__-_
DOJ/OJJDP FY16 Reducing Reliance on Confinement and Improving Community-Based
Responses for Girls At Risk of Entering the Juvenile Justice System Grant Program
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
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 for culturally relevant prevention and intervention
strategies to address the problems of juvenile delinquency; and
WHEREAS,
the Oneida Nation understands that the arrests, detainment, and court cases for girls and
young women has steadily increased over the past two decades and that alternatives to
detention and incarceration must be further developed and expanded; and
WHEREAS,
the Oneida Nation supports a community-based, trauma-informed response to girls at
risk of entering the juvenile justice system; and
NOW, THEREFORE, BE IT RESOLVED: that the Oneida Nation authorizes the development of a grant
proposal to be submitted to the U.S. Department of Justice (DOJ)/Office of Juvenile Justice and
Delinquency Prevention (OJJDP) – FY 2016 Reducing Reliance on Confinement and Improving
Community-Based Responses for Girls At Risk of Entering the Juvenile Justice System program.
Page 31 of 122
Page 32 of 122
Page 33 of 122
Page 34 of 122
Page 35 of 122
Page 36 of 122
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
6
/ 8
/ 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Standing Committees
Accept as Information only
Action - please describe:
Accept the May 18, 2016 LOC Meeting Minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor:
Submitted by Doug McIntyre, Staff Attorney/LRO
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Page 37 of 122
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The purpose of this request is to ask the OBC to accept the attached LOC meeting minutes. In accordance with
the LOC Bylaws, all minutes shall be submitted to the Tribal Secretary's Office within 30 calendar days after
approval by the LOC [See LOC Bylaws, 4-2(a)].
Action Requested:
Accept the LOC meeting minutes of May 18, 2016.
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
Page 38 of 122
Oneida Nation
Legislative Reference Office
P.O. Box 365
Oneida, WI 54155
(920) 869-4376
(800) 236-2214
http://oneida-nsn.gov/LOC
Committee Members
Brandon Stevens, Chairperson
Tehassi Hill, Vice Chairperson
Fawn Billie, Councilmember
David P. Jordan, Councilmember
Jennifer Webster, Councilmember
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Business Committee Conference Room-2nd Floor Norbert Hill Center
May 18, 2016 9:00 a.m.
Present: Brandon Stevens, Tehassi Hill, Fawn Billie, Jennifer Webster, David P. Jordan
Excused:
Others Present: Taniquelle Thurner, Krystal John, Maureen Perkins, Doug McIntyre, Rae
Skenandore, Nancy Barton, Gina Buenrostro, Rhiannon Metoxen, Matt J. Denny, Danelle Wilson,
Mike Debraska (via videoconference from SEOTS)
I.
Call to Order and Approval of the Agenda
Brandon Stevens called the May 18, 2016 Legislative Operating Committee meeting
to order at 9:00 a.m.
Motion by Fawn Billie to adopt the agenda with the addition of the Semi-annual
Report and the Memorandum regarding the Code Reorganization and Administrative
Rulemaking template to the Additions section; seconded by Tehassi Hill. Motion
carried unanimously.
II.
Minutes to be approved
1. May 4, 2016 LOC Meeting Minutes
Motion by Jennifer Webster to approve the May 4, 2016 LOC meeting minutes;
seconded by Tehassi Hill. Motion carried unanimously.
III.
Current Business
1. Back Pay Amendments (2:53-23:35)
Motion by David P. Jordan to accept the public meeting comments regarding the
Back Pay Amendments, to request reports from the Accounting Department and the
Oneida Law Office regarding their timeframes for processing back pay awards and to
direct the Legislative Reference Office to bring options back to the LOC regarding
the back pay formula; seconded by Tehassi Hill. Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of May 18, 2016
Page 1 of 3
Page 39 of 122
2. Marriage Law Amendments (23:36-35:28)
Motion by David P. Jordan to accept the fiscal impact statement that was provided as
a handout and to approve the adoption packet for the Marriage Law Amendments to
be forwarded to the Oneida Business Committee for consideration; seconded by Fawn
Billie. Motion carried unanimously.
3. Employment Law (35:29-1:38:33 )
Motion by Jennifer Webster to accept the updated draft of the Employment law based
on the public meeting comments; noting the revision to be made to section 300.11-4
changing the language from a fee waiver to a statement that prohibits the Judiciary
from assessing court fees upon employees disputing employment matters; and
deferring to the Legislative Reference Office for an updated legislative analysis;
seconded by David P. Jordan. Motion carried unanimously.
4. Mortgage and Foreclosure Law (1:38:34-1:39:58)
Motion by David P. Jordan to accept the legislative analysis of the Mortgage and
Foreclosure law with revisions (adding section references and noting that the
Mortgage and Foreclosure law conflicts with the current Real Property Law, and the
Mortgage and Foreclosure law will govern upon adoption) and to defer to the
Mortgage and Foreclosure law to the Legislative Reference Office to prepare a public
meeting packet for a public meeting to be held on June 16, 2016; seconded by Tehassi
Hill. Motion carried unanimously.
IV.
New Submissions
V.
Additions
1. Semi-Annual Report (1:50:19-1:52:22)
Motion by Jennifer Webster to approve the semi-annual report and to direct the LOC
chairperson to request permission from the Secretary to include more work progress
information in the LOC’s semi-annual report; seconded by Tehassi Hill. Motion
carried unanimously.
2. Code Reorganization and Administrative Rulemaking Template (1:52:232:00:31)
Motion by Tehassi Hill to approve the formatting standards included in the
memorandum and the attached Administrative Rulemaking rule template; seconded
by Jennifer Webster. Motion carried unanimously.
VI.
Administrative Updates
1. Quarterly Report (1:39:59-1:50:18)
Motion by Tehassi Hill to approve the LOC quarterly report and forward to the
Oneida Business Committee; seconded by Jennifer Webster. Motion carried
unanimously.
VII.
Executive Session
Legislative Operating Committee Meeting Minutes of May 18, 2016
Page 2 of 3
Page 40 of 122
VIII. Recess/Adjourn
Motion by David P. Jordan to adjourn the May 18, 2016 Legislative Operating
Committee meeting at 11:00 a.m.; seconded by Tehassi Hill. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of May 18, 2016
Page 3 of 3
Page 41 of 122
06
Page 42 of 122
ONEI D A FI N ANCE COM M I TTEE
May 31, 2016 – 10:00 A.M.
Business Committee Executive Conference Room
REGULAR MEETING MINUTES
Members Present:
Larry Barton, CFO/FC Vice-Chair
Jennifer Webster, BC Council Member
Wesley Martin, Jr., Community Elder Member
David Jordan, BC Council Member
Patrick Stensloff, Purchasing Director
Members Excused: Patricia King, Treasurer/FC Chair & Chad Fuss, Gaming AGM/FC Alternate
Others Present: David Emerson, Lambert Metoxen, Andrew Doxtater, James Petitjean,
Bonnie Pigman, Mike Debraska, Daniel Miller and Denise Vigue, FC recording secretary
I.
II.
Call to Order: The meeting was called to order by the FC Vice-Chair at 10:03 A.M.
Appr oval of Agenda: May 31, 2016:
Motion by Wesley Martin, Jr. to approve the Finance Committee revised agenda for May
31, 2016. Seconded by David Jordan. Motion carried unanimously.
Jennifer Webster arrives at 10:05 A.M.
III.
Appr oval of Minutes: May 16, 2016 (approved via FC E-Poll on 5/17/16):
Motion by Wesley Martin, Jr. to ratify the FC E-Poll action of May 17, 2015 approving the
Finance Committee meeting minutes of May 16, 2015. Seconded by Patrick Stensloff.
Motion carried unanimously.
IV.
Approval of FC Special E-Poll: May 18, 2016 RE: CapEx-InterSeeder Technologies:
Motion by David Jordan to ratify the FC Special E-Poll action of May 18, 2016 regarding the
approval of the InterSeeder Technologies request. Seconded by Wesley Martin, Jr. Motion
carried unanimously.
V. Tabled Busi ness: No Tabled Business
VI. Capital Expenditures:
1. Data Financial, Inc. -3 Dispensing Units
Andrew Doxtater, Gaming Cage/Vault
Andrew was present to discuss this request: the 3 dispensing units are the replace the old
kiosks on the gaming floor that break bills; this is sole source for consistency as they have their
maintenance agreement also with this company; they are a licensed vendor in WI; this item
has been approved through Gaming Capital Expenditures.
Motion by Wesley Martin, Jr. to approve the Data Financial Capital Expenditure purchase
for 3 Dispensing Units in the amount of $131,640.00. Seconded by David Jordan. Motion
carried unanimously.
2. IGT – (6) Slot Game Purchase
David Emerson, Gaming Slots
David Emerson was present to discuss this purchase: usually the bulk of their slot machines
are purchased in the fall these were trial games that have become very profitable, in such
cases Slots will purchase the games; costs paid through existing Gaming Capital Expenditures
and has been approved through Gaming Capital Expenditure.
Page 1 of 6
Finance Committee Meeting Minutes of May 31, 2016
Page 43 of 122
Motion by David Jordan to approve the IGT (6) Slot Games Purchase from the existing
Gaming Capital Expenditures budget for the Slots Department in the amount of $100,844.42.
Seconded by Jennifer Webster. Motion carried unanimously.
3. Transfer CapEx funds to CIP-OJC
Paul Witek, Engineering
James Petitjean was present to explain this request of transfer of existing CIP funds from one
area to another area, in this case to be used for the masonry project repair at the Oneida
Judiciary building.
Motion by Jennifer Webster to approve the transfer of $13,600.00 CIP funds from roads to the
Oneida Judiciary building to be used specifically for the masonry project repair. Seconded by
David Jordan. Motion carried unanimously.
VII.
New Business:
1. Data Financial – 2 yr. Maintenance Contract
Chad Fuss, Gaming Administration
Andrew Doxtater explained the maintenance contract with this vendor; the cost associated with
this is for the first of the two years; the second year costs will be brought back to the FC when
the FY17 budget is approved by GTC; this is actually a 25 month agreement; this is a
budgeted item; there was discussion regarding the service charge for off hours service and the
legal review regarding BC approval; the equipment listing is current as Andrew has reviewed it
himself with staff.
Motion by David Jordan to approve the Data Financial – 2 year maintenance agreement and
the payment of the first year in the amount of $429,349.00 pending costs for service hours are
renegotiated and a legal review is provided. Seconded by Jennifer Webster. Motion carried
unanimously.
2. Data Financial – Custom Playing Cards
Kim La Luzerne, Gaming Table Games
Lambert Metoxen was present to discuss this item: cost is for a three year supply; sole source
as for consistency with current supply; Table Games has looked at other vendors in the past
but they could not supply quality and cost as this vendor; the quality of cards ensures usability
in summer and winter; there was also a question of name change on the contract of the
Oneida Nation.
Motion by Jennifer Webster to approve the Data Financial agreement of supplying custom
playing cards for Table Games in the amount of $217,900.80. Seconded by David Jordan.
Motion carried unanimously.
3. Request: Establish a Language Revitalization Endowment Fund
Susan White, Trust Director
Bonnie Pigman was present to discuss this request; per the Endowment Law, all development
of endowments will be forwarded to the Finance Committee who will provide
recommendations; the GTC resolution #1-28-04-A resolved that future unclaimed or
unallocated per capita funds be added to the pooled account and the Trust Committee to
ensure the interest from the principal be directed to Language Revitalization Program; there as
also a GTC approved action on 4/11/16 that unclaimed per capita funds would be put in a fund
to provide more sewer & water home sites for tribal members on trust land. There was a
discussion about the intent of the language of the resolution and subsequent GTC motion; it
would be more helpful to defer to the Law Office for guidance.
Page 2 of 6
Finance Committee Meeting Minutes of May 31, 2016
Page 44 of 122
Motion by Jennifer Webster to refer this request to the Law Office for interpretation of the intent
of the resolution and the motion taken by GTC for FC guidance. Seconded by Wesley Martin,
Jr. Motion carried unanimously.
4. Q2 – Finance Committee Report to the BC
Larry Barton, CFO
Motion by Wesley Martin, Jr. to approve the Second Quarter Report of the Finance Committee
and send it to the BC regular agenda. Seconded by David Jordan. Motion carried unanimously.
VIII.
Executi ve Session:
1. Medical Contract
Henrietta Cornelius, OCHC
No updates this item remains on the agenda.
IX.
Communit y Fund:
1. Laptop Purchase
Michael Debraska
There was an extensive discussion about this and the following two requests to the Community
Fund; the Vice-Chair provided requestors that were present with to other options: the Oneida
Vocational Rehabilitation Office and the COPS program at the Oneida Health Center as each
of these requests are medically related and both areas have programs that may possibly
provide technological equipment; there was also discussion of the unmet need of disabled
Oneida members and limits to services they can obtain in Oneida; the Vice-Chair also referred
to the GTC resolution for the Trust Department to create a Disability Endowment to meet these
unmet needs and for Trust to provide update on where that is at; finally the scope and
resources available in the Community Fund are finite; original intent was mainly for tribal
members who engage in self-development activities/events, Community Events, and
fundraising events; would also like the Law Office to weigh in on the Community Fund SOP’s
as appropriate.
Motion by Wesley Martin, Jr. refer this to the Oneida Trust Department and the Law Office
requesting a follow up from each of these areas within 30 days (concurrently). Seconded by
Jennifer Webster. Motion carried unanimously.
2. I-Pad Pro Purchase
Beverly Somers
- See motion in CF #1
3. I-Pad Pro Purchase
Daniel Miller
- See motion in CF #1
4. WCSS 2016 Basketball Camp fees
Zandra John for son, Hawkins
Motion by Wesley Martin, Jr. to approve from the Community Fund the WCSS 2016 Basketball
Camp registration for the son of the requestor in the amount of $299.00. Seconded by David
Jordan. Motion carried unanimously.
5. Air Force Gymnastics Academy fees
Yen^stakwas Danforth for daughter, Alianna
Motion by David Jordan to approve from the Community Fund the Air Force Gymnastics
(classes) registration in the amount of $300.00 Seconded by Patrick Stensloff. Motion carried
unanimously.
Page 3 of 6
Finance Committee Meeting Minutes of May 31, 2016
Page 45 of 122
6. YMCA Camp U-Nah-Li-Ya Registration
Melinda J. Danforth for son, Everett
Motion by David Jordan to approve from the Community Fund the YMCA Camp U-Nah-Li-Yah
registration for the son of the requestor in the amount of $300.00. Seconded by Wesley Martin,
Jr. Motion carried unanimously.
7. Art Workshop Registration fees
Christine Klimmek
Motion by David Jordan to approve from the Community Fund the Art Workshop registration in
the amount of $300.00. Seconded by Patrick Stensloff. Motion carried unanimously.
8. UWGB Art Camp Registration fees
Jodie Skenandore, for daughter, Rylee
Motion by David Jordan to approve from the Community Fund the UWGB Art Camp
registration for the daughter of the requestor in the amount of $300.00. Seconded by Wesley
Martin, Jr. Motion carried unanimously.
9. NAIG Tryouts for Youth
Lori Hill
Motion by David Jordan to approve from the Community Fund Fifteen (15) Cases of Coca-Cola
product for use at the NAIG Tryouts for Youth. Seconded by Jennifer Webster Motion carried
unanimously.
10. Sports Emporium Registration fees
Angela Danforth, for daughter, Whitney
Motion by Jennifer Webster to approve from the Community Fund the Sports Emporium
(classes) registration for the daughter of the requestor in the amount of $300.00. Seconded by
David Jordan. Motion carried unanimously.
11. Duck Creek Pop Warner Registration
Angela Danforth, for son, Curtis
Motion by David Jordan to approve from the Community Fund the Duck Creek Pope Warner
football participation registration for the son of the requestor in the amount of $130.00.
Seconded by Wesley Martin, Jr. Motion carried unanimously.
12. Oneida Elite Lacrosse Registration fees
Rhianna Metoxen, for son, Loh^tiyo
Motion by David Jordan to approve from the Community Fund the Oneida Elite Lacrosse
participation registration for the son of the requestor in the amount of $290.00. Seconded by
Patrick Stensloff. Motion carried unanimously
13. Bode Boot Camp Class fees
Alicia Tisch
From the information provided by the requestor it appears they are asking for annual
membership fees; which is not covered under the Community Fund; if request is denied the
requestor does have the option to resubmit with clearly documented costs for classes, not
membership.
Motion by Wesley Martin, Jr. to deny this request as the Community Fund does not cover
membership fees. Seconded by Jennifer Webster. Motion carried unanimously.
Page 4 of 6
Finance Committee Meeting Minutes of May 31, 2016
Page 46 of 122
14. Oneida Lacrosse Tournament- Referees
Curt Summers
It was noted the Oneida Lacrosse Tournament was previously approved for 41 cases of
product, the funds being requested are to help pay for the referees for the tournament.
Motion by David Jordan to approve from the Community Fund $1,000.00 to go towards referee
costs at the Oneida Lacrosse Tournament. Seconded by Wesley Martin, Jr. Motion carried
unanimously.
15. Concordia Chinese Language Camp
Lou Williams, for daughter, Belle Mae
Motion by David Jordan to approve from the Community Fund the Concordia Chinese
Language camp registration for the daughter of the requestor in the amount of $300.00.
Seconded by Jennifer Webster. Motion carried unanimously.
16. Great Mother and New Father Conference
Richard Elm-Hill
Motion by Wesley Martin, Jr. to deny this request and CF requests #17; #18; & #19 as the
Community Fund criteria does not cover travel /travel related requests or events that have
occurred by the FC review date. Seconded by Jennifer Webster. Motion carried unanimously.
17. Great Mother and New Father Conference
Cherie Elm
- See motion in CF#16.
18. Great Mother and New Father Conference
Cherie Elm, for son, Quanah
- See motion in CF#16.
19. Great Mother and New Father Conference
Cherie Elm, for son, Quincy
- See motion in CF#16.
20. UWGB Art Camp Registration fees
Darnell Danforth, for daughter, Mercedes
Motion by David Jordan to approve from the Community Fund the UWGB Art Camp registration
for the daughter of the requestor in the amount of $300.00. Seconded by Wesley Martin, Jr.
Motion carried unanimously.
21. GoAhead Tours Overseas Trip
Breann Clark
Motion by Jennifer Webster to deny this request as the Community Fund criteria does not cover
travel /travel related requests. Seconded by David Jordan. Motion carried unanimously.
22. Tough Mudder & Warrior Dash Registration
Katsi tsi yo Danforth
Motion by David Jordan to approve from the Community Fund the race registration fees in the
amount of $238.00 for this request and $238.00 for CF #23. Seconded by Jennifer Webster.
Motion carried unanimously.
Page 5 of 6
Finance Committee Meeting Minutes of May 31, 2016
Page 47 of 122
23. Tough Mudder & Warrior Dash Registration
Josephine Skenandore
- See motion in CF #22.
24. Youth Taekwondo Championship Registration
Alex Powless, for daughter, Harlow
Motion by David Jordan to approve from the Community Fund the Youth Taekwondo
Championship registration for the daughter of the requestor in the amount of $300.00.
Seconded by Jennifer Webster. Patrick Stensloff abstained. Motion carried.
25. YMCA Camp U-Nah-Li-Ya Registration
Nelson Ninham, for son, Nelson
Motion by David Jordan to approve from the Community Fund the YMCA Camp U-Nah-Li-Yah
registration for the son of the requestor in the amount of $300.00. Seconded by Wesley Martin,
Jr. Motion carried unanimously.
26. ADD ON: Farmers Market Bash in July
Bill Ver Voort, Community Dev-OCIFS
Motion by David Jordan to approve from the Community Fund Twenty-Five (25) Cases of CocaCola product for use at the Farmers Market Bash in July. Seconded by Wesley Martin, Jr.
Motion carried unanimously.
(*Unless otherwise noted all requests are from Oneida Tribal members)
X.
Follow Up:
1. ADD ON: Treasurer FolUp on Tier IV Project
Motion by Jennifer Webster to defer follow up information from the Treasurer regarding the
Tier IV Project at the Skenandoah Complex until all parties can be present to discuss.
Seconded by David Jordan. Motion carried unanimously.
XI. FYI and /or Thank You:
1. FYI: Data Financial – (2) Roulette Wheels
Kim La Luzerne, Gaming Table Games
This item was previously approved by the FC on 5/2/16; the FYI is the shipping costs that were
not part of original request and was the condition of the approval to provide.
Motion by Jennifer Webster to accept, as FYI the shipping cost information. Seconded by
David Jordan. Motion carried unanimously.
XII.
Adjour n: Motion by David Jordan to adjourn. Seconded by Wesley Martin, Jr. Motion
carried unanimously. The meeting ended at 11:24 A.M. The next Finance Committee
meeting is scheduled for Monday, June 14, 2016 at 10:00 A.M. in the BC Executive
Conference Room.
Minutes taken and transcribed by:
Denise Vigue, Executive Assistant in Finance
& Finance Committee Recording Secretary
Finance Committee- E-Poll Minutes Approval Date:
June 1, 2016
Oneida Business Committee- FC Minutes- Approval Date:
Page 6 of 6
Finance Committee Meeting Minutes of May 31, 2016
Page 48 of 122
Oneida Nation
P.O. Box 365
Oneida, WI 54155
MEMORANDUM
TO:
Finance Committee
CC:
Business Committee
FR:
Denise Vigue, Execut ive Assistant
DT:
June 1, 2016
RE:
E- Poll Result s of: FC Meeting Mi nutes of May 31, 2016
An E-Poll vot e of the Finance Committee was conduct ed to approve the
May 31, 2016 Finance Committee meet ing minutes. The results of the
completed E- Poll ar e as f ollows:
E-POLL RESULTS:
There w as a Majority 4 YES votes from Jennifer Webster, Wesley Martin, Jr.,
David Jordan, and Patrick St ensloff to approve the May 31, 2016 Finance
Committee Meeting Minutes.
The minutes will be placed on the next BC agenda of June 8, 2016 f or
approval and the next Finance Committee agenda of June 13, 2016 to r atif y
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
IX. GENERAL TRIBAL COUNCIL
A. Approve request to add Petitioner Nancy Barton-To open an emergency food pantry to the
August 10, 2016, special GTC meeting agenda
Sponsor:
Lisa Summers, Tribal Secretary
These agenda items contain information for Tribal Members only. Please visit the Business Committee
Support Office on the second floor of the Norbert Hill Center with Tribal I.D. to obtain full packet materials.
Materials may also be obtained after logging into the Tribal Members only portal at https://oneidansn.gov/members-only/gtc-portal/bc-meeting-materials-for-members-only/
For any questions, please call the Business Committee Support Office at (920)869-4364 or send an email
to TribalSecretary@oneidanation.org. Thank you.
Page 52 of 122
Submitted by Bonnie Pigman, Supervisor/Enrollments
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/ /
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ONEIDA NATION
STANDARD OPERATING
PROCEDURE
TITLE: Grantee Notification of Award
ORIGINATION DATE:
Close-Out
May 3, 2016
AUTHOR: Heather Heuer
DEPARTMENT: Business Committee
REVISION DATE:
1.0
PURPOSE
1.1
To detail the process after a Business Committee member or their designee
receives a Grantee Notification of Award Close-Out e-mail.
2.0
WORK STANDARDS / PROCEDURES
Work Standards
2.1
A Grant Close-Out Notification sent to Business Committee members or their
designee is only to be considered as FYI from the agency that the grant is
officially closed out.
2.1.1
No further formal action is needed; simply forward the e-mail to the
Grants Department for processing.
Procedures
2.2
Open e-mail regarding a Grant Close-Out Notification.
2.2.1
See Reference 3.1 for an example of a Grant Close-Out Notification.
2.3
Forward e-mail to the Grants Department at grant@oneidanation.org.
3.0
REFERENCES
3.1
XIV. TRAVEL
B. TRAVEL REQUESTS
1. Approve travel request in accordance with section 16-1 of the Travel & Expense Policy
– Four (4) Division of Land Management employees and up to two (2) Land
Commissioners – 5th Annual Partners in Action Conference – Sault Ste. Marie, MI –
July 19-21, 2016
Sponsor: Patrick Pelky, Interim Division Director/Land Management
Item deleted at the adoption of the agenda.
Page 63 of 122
Page 64 of 122
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Page 66 of 122
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 08 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Reports
Accept as Information only
Action - please describe:
Accept Self-Governance FY '16 2nd quarter report
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:
Christopher Johns, Self-Governance Coordinator
Primary Requestor:
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Unbudgeted
Page 67 of 122
Tribal Self-Governance Quarterly Report
to the
Oneida Business Committee
Submitted By:
Christopher Johns, SG Coordinator
May 31, 2016
BUDGET
Restore FY 2012 sequestration cuts and exempt Tribal funding from future
sequestrations.
Tribes experienced heavy budgetary cuts as a result of the 2012 sequester. The cuts affected
direct services to Tribal citizens. Among the services affected were public safety, social welfare,
and health care services. As Congressional members debate the FY 2016 appropriations, SelfGovernance Tribes must continue to urge Congress to restore these funds to at least their presequestration levels. We also must continue to insist that the Federal Government uphold their
trust responsibility and amend the Budget Control Act of 2011 to exempt Tribal funding from
future sequestrations.
WASHINGTON – Since 1996, Congressional appropriations for Tribal programs has
declined by 29%. This figure reflects direct cuts and does not account for inflation. The
President’s FY 2017 Budget Request (as reported in March) continues to request
increases for all Tribal programs and to exempt Tribes from the current and future
sequestrations. It is highly unlikely that the President’s Budget Request will be enacted
in full and entirely possible that appropriations for non-military-related programs will be
delayed until after the November election.
Authorize mandatory funding and fully fund Contract Support Costs and expedite
payments to Tribes.
Self-Governance Tribes support the President’s current budget proposal to fully fund Contract
Support Costs (CSC) in FY 2017 and to shift CSC from discretionary funding to mandatory
funding. Self-Governance Tribes expressly support the shift in funding to remedy the need for
Administrators to make fiscal decisions without consultation from Congressional members and
Tribal leaders. Additionally, mandatory funding protects appropriations that are allocated for
direct services in Tribal communities.
1
Page 68 of 122
The President’s Budget Request for 2017 honors the President’s pledge to fully-fund
Contract Support Costs (CSC). Joint Tribal-Federal Workgroups are in the process of
finalizing amendments to the CSC policy to manage the process. Tribal Consultation
meetings have been held, and the Tribal representatives on the Workgroups have
reported significant progress in an amicable environment of negotiation.
Preserve authority to include one-time or short-term resources in Self-Governance
Funding Agreements.
Self-Governance Tribes have noticed a troubling trend that the Department of the Interior (DOI)
is moving one-time funding to grants that cannot be included in Self-Governance Funding
Agreements and are restrictive in nature – undermining core Self-Governance tenets. This
trend allows DOI to heavily regulate and restrict the inclusion of indirect costs to administer
Tribal programs and hinders Tribal governments’ ability to re-design programs to better meet
the needs at the local level.
DOI has requested the Office of Self-Governance (OSG) survey Tribes to identify
categories of grants that have been restrictive and include them in a report estimating
the economic impact on indirect cost funding and how the restrictive nature of these
grants have hindered Tribes in carrying out their programs.
Enact Advanced Appropriations for the Indian Health Service.
Since FY 1998, there has been only one year (FY 2006) when the Interior, Environment and
Related Agencies budget, which contains the funding for IHS, has been enacted by the
beginning of the fiscal year. Late funding creates significant challenges to Tribes and IHS
provider budgeting, recruitment, retention, provision of services, facility maintenance and
construction efforts. Providing sufficient, timely, and predictable funding is needed to ensure the
federal government meets its obligation to provide health care for American Indian and Alaska
Native people. Enacting advanced appropriations will provide more stable funding and
sustainable planning for the entire Indian Health Care system by appropriating funding two
years in advance.
There is little possibility that Congress would be receptive to this proposal.
White Papers
Policy priorities and goals do not often change, but strategy to implement the priorities change
as external decisions are made, new data is reported, or progress is reported. The White
Papers below provide the most up-to-date administrative and legislative actions as well as new
strategy ideas.
Analysis of DOI Budget Equity for Self-Governance Tribes
Advanced Appropriations
Sequestration
POLICIES
Administrative policies often directly affect Self-Governance Tribes and the programs they
choose to manage. Many of the policy priorities identified in the National Tribal Self-Governance
2015-2017 Strategic Plan & Priorities are critical to efficiently manage programs and leverage
external opportunities to improve Tribal programs.
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There are many competing policy goals for Self-Governance Tribes, however those listed below
have momentum or support outside of Self-Governance Tribes. To see the full list of policy
priorities, download the full version of the National Tribal Self-Governance 2015-2017 Strategic
Plan & Priorities.
Revise and streamline each agency’s Contract Support Costs Policy.
After years of advocacy, CSC funding has changed monumentally in the last twelve months. As
a result of full funding and Presidential support for mandatory funding, each agency must
identify, assess, and implement modifications to each agency’s CSC policy that reflects recent
legislative and funding changes. Each agency has a Tribal-Federal Workgroup that made
several recommendations to update the CSC policy. Self-Governance Tribes urge each agency
to review those recommendations begin updating the policy as quickly as possible.
Both Agency’s CSC Workgroups have reported progress as noted previously.
Expand Tribal consultation on allocation and formula distribution of Bureau of Indian
Affairs.
In 2012, Self-Governance Tribes published the Program Formulas Matrix Report, which
identifies areas where the formulas and methodologies currently used by the Bureau of Indian
Affairs (BIA) for distribution can be improved and provide recommendations for eleven
programs. Action on these recommendations has stalled in the last several years. However, as
DOI seeks to move funding to one-time grants, the Formula Matrix Report recommendations are
increasingly important. Continued consultation and discussion with BIA officials and Tribes is
needed to implement changes recommended in the report.
The Program Formulas Matrix Report will be useful in negotiating a Multi-Year Funding
Agreement (MYFA) with the BIA for FY 2017 through FY 2021.
Foster greater transparency announcing new DOI funding opportunities.
Access to program and initiative funding is critical as Tribes work to meet the needs of their
citizens locally. As such, Self-Governance Tribes encourage DOI agencies to streamline their
grant and funding announcements so that all Tribes have equal opportunity for one-time funding
and support.
The Office of Self-Governance (OSG) in the Interior Department and the Office of Tribal
Self-Governance (OTSG) in Health and Human Services have both established systems
whereby new funding opportunities will be communicated to SG Tribes through the
Education and Communication website and email as those opportunities are announced.
All new funding opportunities are referred on to the Grants Office and the appropriate
program director.
Include Purchase and Referred Care in all VA-IHS reimbursement agreements.
When the IHS and the Veterans Administration (VA) negotiated the first national agreement,
required under the Indian Health Care Improvement Act (IHCIA), the agencies only included
reimbursement for direct care provided by IHS facilities. This agreement has become the model
for Tribal programs in negotiating with local VA facilities. However, it does not adequately
address the specialty care Tribal systems provide eligible veterans. After two years of
implementation and changes to the Veterans Administration health care delivery, Self3
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Governance Tribes believe the time is right to revisit the reimbursement agreement and include
specialty and referred care.
Institute a Tribal Advisory Committee for Office of Management and Budget.
Given the role the Office of Management and Budget (OMB) plays in the Tribal funding – from
guiding the President’s annual budget request to distributing appropriations to all federal
agencies – a Tribal Advisory Committee could prioritize Tribal needs and requests. Other
advisory committees have assisted in educating and building momentum within agencies and
departments to further Tribal sovereignty and priorities.
Tribe’s continue to express frustration as the lack of movement on this issue. Since
OMB is under the executive direction of the president, Tribes will probably have to start
over with the next president on this effort.
Update the IHS Facilities Construction Policy to include broad Tribal input.
The IHS Health Care Facilities Design and Construction Policy does not currently reflect new
authorities available under IHCIA, nor does it accurately reflect the tenants of Self-Governance.
Additionally, the Facilities Appropriations Advisory Board (FAAB) recently decided to review and
possibly update the Policy to reflect new authorities and make recommendations to the
prioritization system. Self-Governance Tribal leadership believes the time is right to make
changes that have broad Tribal support and allow for greater flexibility in construction projects.
Evaluate the Indian-specific provisions of the Patient Protection and Affordable Care Act
(ACA) and continue consultation to implement outstanding provisions.
After nearly five years of implementation, an assessment is needed to ensure that Indianspecific provisions of the ACA are working effectively and efficiently. Additionally, some
provisions continue to require Tribal consultation and technical fixes that may be successful
through negotiated rulemaking process.
Supporting White Papers
Policy priorities and goals do not often change, but strategy to implement the priorities change
as administrative and legislative changes occur. The White Papers below provide the most upto-date administrative and legislative actions as well as new strategy ideas.
Implementation of the Patient Protection and Affordable Care Act (ACA) P.L. 111-148
Implementation of the Violence Against Women’s Act
Self-Governance Concept for the Environment Protection Agency
Self-Governance in Tribal Transportation
Streamline and Expedite Grants authorized by Special Diabetes Program for Indians
(SDPI)
Implementation of the Tribal Law and Order Act
Wildland Fire
LEGISLATION
Legislation is critical to expanding Self-Governance and reaffirming its tenants throughout the
Federal government. Self-Governance Tribes seek to further the self-determination across the
spectrum of Tribal programs, while building local capacity to meet local needs. Self-
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Governance Tribes are interested in a vast number of legislative ideas, but identified the items
below as their key priorities for the 114th Congress.
Amend Title IV of the Indian Self-Determination and Education Assistance Act.
Amending Title IV of the Indian Self-Determination and Education Assistance Act (ISDEAA) has
been a top legislative priority for Self-Governance Tribes for over a decade. Over the past 35
years, the ISDEAA has been one of the most successful mechanisms allowing Tribes to
develop the capacity for government-building activities. Self-Governance Tribes must continue
to advance the vision of the ISDEAA by working to amend Title IV of the ISDEAA to create
consistency between Title IV Self-Governance in the DOI and Title V Self-Governance in the
Department of Health and Human Services (HHS) to create administrative efficiencies for SelfGovernance Tribes.
This issue continues to flounder in Congress. Tribes came very close to realizing this
goal two years ago but time ran out.
Reauthorize the Native American Housing Assistance and Self-Determination Act.
Current authorization of the Native American Housing Assistance and Self-Determination Act of
1996 (NAHASDA) expired on September 30, 2013. NAHASDA is the main authorization of
Tribal housing programs. Tribal programs under NAHASDA have been successful in allowing
Tribes the self-determination necessary to provide effective programs for Tribal citizens. Tribes
are now exercising their right to self-determination by designing and implementation their own
housing and other community development infrastructure programs. Reauthorization of
NAHASDA is critical to continue to support Tribal housing authorities that build keystone
housing and community infrastructure in Tribal communities.
Enact legislation that strengthens and reaffirms the original tenets of Public Law 102-477.
The 477 Program provides Tribal governments with the flexibility to design employment,
training, and economic development plans that utilize funding from several federal programs to
best meet the needs of their local communities. While PL 102-477 is still technically a
“demonstration project,” the 477 Program has existed for over two decades and currently over
250 Tribes and Tribal organizations consolidate multiple programs into a single 477 Plan.
Despite nearly two decades of success, the viability of the 477 Program was jeopardized by two
Federal agency actions. Legislation is necessary to make the 477 Program permanent and
remove administrative burdens for Self-Governance Tribes.
Expand Self-Governance to the Department of Transportation.
Congress has sought to address transportation infrastructure deficiencies in Indian Country by
increasing funding available to Tribes, broadening eligibility for direct Tribal participation in
Federal transportation programs and by extending the ISDEAA to several of those programs.
With increased funding and expanded authority, Tribes have demonstrated that they are best
positioned to ensure the effective and efficient use of federal transportation infrastructure funds.
Despite these results, the Departments of Transportation (DOT) and Interior have been
unwilling to extend the ISDEAA framework into new program areas, such as transit and highway
safety. However, reauthorization of transportation legislation expires in May 2015 and Tribal
advocates are urging Congressional members to expand Self-Governance tenants to the DOT.
The FAST Act authorizes of a version of the Department of Transportation (DOT) Tribal
Self-Governance Program that Tribes have been advocating for several years. Essentially
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this provision would extend many of the Self-Governance provisions of Title V of the
Indian Self-Determination and Education Assistance Act (ISDEAA) to DOT.
The first step toward implementing the FAST Act is to establish a “negotiated rulemaking” committee. This committee would be responsible for interpreting and setting
forth regulations which would govern the process by which tribes would assume a SelfGovernance program with the DOT.
Permanently reauthorize and provide full funding for the Special Diabetes Program for
Indians.
Congress established the Special Diabetes Program for Indians (SDPI) in 1997 as part of the
Balanced Budget Act to address the growing epidemic of diabetes in American Indians and
Alaska Natives communities. SDPI programs have become the nation’s most strategic and
comprehensive effort to combat diabetes. Self-Governance Tribes believe the success of these
programs require the permanent reauthorization and supporting funding for SDPI.
On April 14, 2015, the U.S. Senate passed a two (2) year renewal for the Special Diabetes
Program for Indians (SDPI). The renewal was contained in a larger bill called: "H.R. 2 The Medicare Access and CHIP Reauthorization Act of 2015." The measure was passed
the Senate by a bipartisan vote of 92-8. This follows action by the House of
Representatives on March 26, 2015, which also passed the legislation by a bipartisan
vote. President Obama signed the legislation into law. The legislation funds SDPI at $150
million per year but will expire on September 30, 2017.
Enact Medicare-Like Rates for IHS outpatient services for IHS, Tribal and Urban facilities.
IHS, Tribes and Tribal organizations currently cap the rates they will pay for hospital services to
what the Medicare program would pay for the same service (the “Medicare-Like Rate” or
“MLR”). Currently, this MLR cap applies only to hospital services, which represent only a
fraction of the services provided through the Purchase and Referred Care system. Proposed
legislative fixes would amend Section 1866 of the Social Security Act to expand application of
the MLR Cap. It would direct the Secretary to issue new regulations to establish a payment rate
cap applicable to medical and other health services in addition to the current law’s cap on
services provided by hospitals. It would make the MLR cap apply to all Medicare-participating
providers and suppliers. Self-Governance Tribes support this legislative fix to leverage the
limited resources provided to IHS, Tribal and Urban health programs.
Advance legislation to expand Self-Governance to other Health and Human Services
agencies and programs.
Title VI of the ISDEAA required the Secretary of HHS to conduct a study to determine the
feasibility of a Tribal Self-Governance demonstration project for appropriate HHS PSFA in
agencies other than IHS. HHS submitted the required report to Congress in March of 2003.
The report concluded that the demonstration project was feasible. Although Congress has
considered legislation to authorize a Self-Governance demonstration project, legislation has not
been enacted into law to date. HHS has since convened a Self-Governance Tribal Federal
Workgroup (SGTFW) and issued a final report in September 2014. After repeated attempts to
reconstitute the SGTFW to continue working on the report recommendations, Self-Governance
Tribes will seek out legislative proposals to implement recommendations outlined in the report.
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Supporting White Papers
Legislative priorities and goals do not often change, but strategy to move legislation forward
changes based on external opportunities and information available. The White Papers below
provide the most up-to-date administrative and legislative actions as well as strategy changes. .
Contract Support Costs
Amending Title IV of ISDEAA
P.L. 102-477, Indian Employment and Training Act
Education
Additional Resources
In addition to the White Papers identified above, the following documents are available upon
request.
2015 – 2017 National Strategic Plan
Self-Governance Acronyms
Self-Governance Definitions
Self-Governance Major Statutes
HIS - OTSG Funding Agreement Components
DOI/OSG Financial Operations
DOI - Federal Financial Systems
SGAC Protocols
TSGAC Protocols
White Paper – Budget Equity
White Paper – HIS Advance Appropriations
White Paper – Sequestration
White Paper – Contract Support Costs
White Paper – Amending Title IV
White Paper – 477 Program
White Paper – Streamline SDPI Process
White Paper - TLOA
ACA Implementation
VAWA Update
Tribal Transportation Update
Expanding SG to EPA
2016 Self-Governance Meetings
June 1-2, 2016
July 19-21, 2016
Sept. 7-8, 2016
Oct. 25-27, 2016
Pre-Negotiation Meeting with IHS
3rd Quarter SG Advisory Committees Meeting
SG Tribal Strategic Planning Conference
4th Quarter SG Advisory Committees Meeting
Mpls, Mn
Washington D.C.
TBD
Washington D.C.
Emerging Issues:
A significant number of tribes have expressed concern about potential threats to
their information systems, the data within those systems and the security of the
communication networks that are used to share tribal data with the federal
government. Additionally, some of those tribes have also expressed concern
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about the data shared with the federal government and the recent reports of
hacking going on between agencies of the federal government. Many tribes do
not have the resources to prevent unauthorized access to their information
systems and are requesting assistance from the federal government. The federal
government – particularly the BIA and the Indian Health Service do not have the
resources to assist tribes with this potentially huge and serious threat.
The Tribal Interior Budget Council (TIBC) established a new subcommittee to
address justice matters. The goal is to assist in coordinating with all of the
agencies charged with providing Law and Order funding and services to Tribes.
The subcommittee is charged with gathering data and addressing the following
issues: 1)develop a list of all the Department of Justice (DOJ) programs available
to Tribes and Indian Country; 2) identify which Tribes have been able to access
these programs; 3) identify the funding formulas or other funding mechanisms
used to provide funding; 4) assess the consistency and adequacy of resources to
support justice programs; 5) describe how DOJ is coordinating with the Bureau of
Indian Affairs – Office of Justice Services (OJS) on programs, services and
facilities; 6) provide information about whether or not DOJ funds can be
transferred to OJS so that Tribes are able to manage it under their SelfGovernance Funding Agreements and identify challenges or impediments to
transferring these funds.
Jessica Burger, Tribal Council, Little River Band of Ottawa Indians and Annette
Johnson, Tribal Treasurer, Red Lake Band of Chippewa Indians now represent the
Midwest Region of the Bureau of Indian Affairs on the Self-Governance Advisory
Council.
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Submitted by Jeanne Nault, Executive Assistant
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 08 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Reports
Accept as Information only
Action - please describe:
Business Committee approval of report
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:
Tehassi Hill, Council Member
Primary Requestor:
Wilbert Rentmeester, OTIE Board Chairman
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Submitted by Heather Cotey, OTIE Corporate Administrator
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Total Integrated Enterprises
2nd Quarter Report 2016
May 20, 2016
Prepared by:
Nick Ni, PE, President
Submitted to:
OTIE Board of Managers: Butch Rentmeester, Chairperson,
Jeff House, Jackie Zalim, Wayne Metoxen, Leslie Wheelock
OTIE Report 01-20160520
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Narrative Report
a. Explanation of the core of the Corporation’s business practices and market overview
Oneida Total Integrated Enterprises (OTIE) provides environmental, remediation,
construction, engineering, and munitions response services to government agencies,
as well as commercial clients in the United States and across the world. OTIE’s
services evolve in response to clients’ changing needs. Our core services contribute a
majority of OTIE’s backlog in response to federal and state project requirements,
changing infrastructure demands, and the often accompanying regulatory challenges.
We provide solutions that allow our customers to cost-effectively achieve their
mission while adapting to evolving performance parameters.
As a service-based company, OTIE revenue is primarily derived through the laborbased contracts and task orders, rather than capital-intensive project requirements.
Our revenue potential is driven by our ability to retain existing clients as well as
attract new ones, provide quality and responsive value-oriented project management
at competitive rates, and identify and retain a qualified roster of dedicated employees.
OTIE directs our primary business pursuits from a stable customer base concentrated
in federal, State and municipal government entities. Our tribal business, aerospace
industry (commercial), and electric utility company contracts are exceptions to
OTIE’s heavy reliance on government contracting, and in all cases our customer base
offers outstanding opportunity for securing projects and targeting:
long-term, high-dollar contracts to offer steady and profitable backlog
low risk contracts to stabilize the Company’s business base
capturing market share in emerging or expanding growth markets
OTIE operates in a fiercely competitive, expanding market that seeks diversity and
economic vitality through government contracting. Our advantage over emerging
small business competitors is maintained through steadfast conformance with quality,
safety and contracting/acquisition requirements and regulations imposed by the
federal government.
As reported in prior Quarterly Reports, the market for our services remains highly
competitive. An abundance of Architecture / Engineering / Construction (AEC) firms
provide similar services offered by OTIE. Competitive factors for our success include
performance reputation, price, geographic location and availability of technically
skilled personnel. We are pleased with our accomplishments and continue the drive to
becoming a top-tier competitor.
OTIE 2nd Quarter Report 2016
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b. Explanation of the Corporation’s current place within the market
OTIE is a Native American, tribally-owned, SBA-certified 8(a) small disadvantaged
business (SDB). Other small business (SB) categories in the marketplace include:
HUB-Zone; Woman-owned; Veteran-owned; Service Disabled Veteran-owned;
Alaskan Native Corporation; Native Hawaiian Owned; and Native American-owned.
OTIE operates in a fiercely competitive, expanding market that seeks diversity and
economic vitality through government contracting. Our advantage over emerging
small business competitors is maintained through steadfast conformance with quality,
safety and contracting/acquisition requirements and regulations imposed by the
federal government. We pride ourselves in offering “no drama” project performance,
and continued requests for OTIE project leadership occurs.
We face substantial competition in each of our business profiles as markets crowd
and customers become more price-sensitive. Within Small Business circles, OTIE
remains a sturdy, medium-sized competitor. Some competitors are large firms with
vast financial resources, requiring OTIE to be selective in our marketing and sales
efforts and more adept in developing strategic partnerships to enhance our
competitive advantage.
Looking at the 8(a) market, OTIE is distinguished from others by our size and
longevity as a company. Now in our third decade of business operations, we are a
mature, tested and proven SB with infrastructure that rivals many large businesses.
Some of our SB competitors have similar performance tenure in our industry; others
in the market are emerging businesses aiming to secure their first federal contracts.
We believe that our present size and diversified service offerings - relative to the
smaller, niche companies - are advantageous to OTIE.
Our success in key growth areas demonstrates our ability to broaden our market
positions in spite of stiff competition. In two key technical areas OTIE gained traction
and increased our visibility and competitive posture in the market:
Engineering Services – Responding to our USAF customer’s requirements by
adding new engineering disciplines and licensed staff. OTIE fortified our
mechanical, electrical and structural engineering capabilities and we now selfperform challenging engineering projects that would have previously been
subcontracted to team partners.
Environmental Response – OTIE won the re-compete of EPA Region 4’s
Small Business START contract. This win represents long-term revenue
opportunity and promotes employee retention where, without this contract,
employees would have been furloughed or relocated.
Environmental Compliance – OTIE won a contract for site investigations in
22 locations for an emerging groundwater contaminant known as
perfluorinated compounds (PFCs). This project offers follow-on potential if
executed to the client’s expectations.
OTIE 2nd Quarter Report 2016
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The company’s position in the marketplace remains healthful and configured for
future success. Our financial and project performance are coequal metrics that are
tracking along gradual improvement vectors, and are indicative of steady growth
instead of punctuated spikes that are harder to sustain.
c. Explanation of the outlines of strategies by the Corporation for improved value in the
market
To improve OTIE’s value and position in the marketplace we identify opportunities
with government and other customers where funding is reliable and alignment with
our core competencies is commensal. Examples include engineering services,
Munitions Response Services (MRS), and design/construction contract management.
We also target areas that we believe are attractive for building professional
development for our staff. With enhanced capabilities we form effective and efficient
teams that deliver on successful projects, such as Military Family Housing design
(Title I) and construction phase services (Title II). Evidence of our improved value in
the marketplace includes OTIE’s AE services in Asia, and engineering studies and
assessments for improvements in energy efficiency, and facility upgrades.
Specifically, the following elements drive our strategy going forward:
1) Pursuing larger contract opportunities. With continued development of a strong
infrastructure and expanded engineering capabilities, we focus on pursuing larger
prime contracts and expanding our pool of opportunities. We continue to strengthen
our relationships with other firms to create teaming arrangements that better serve our
clients, but our goal remains prime contracts instead of team-sub positions.
2) Leveraging of our services. OTIE has diverse services to offer to a growing
customer base. We leverage OTIE capabilities and remain vigilant for 8(a) set-asides
for OTIE. The combination of our multiple skill sets and broad service offerings
allows us to work efficiently in a new economic environment, whether selling
services, or via effective use of our design and construction management skills
supporting DoD and bridging such skills to other customers such as state and
municipal government.
3) Expanding our international footprint. OTIE is one of AFCEC’s select, “go-to”
AE firms for Title I and Title II services. Our forward operating Guam presence has
strengthened OTIE’s position in Asia/Pacific, and based on superior performance in
theater, PACAF has contacted OTIE to ensure that we are configured and ready to
propose for an upcoming Environmental Services Contract.
4) Investing in our people. We are committed to building on our employee’s
accomplishments while expanding our reach through new hires. Continued profitable
growth is projected to occur through our carefully executed hiring strategies. OTIE
attracts and hires staff that enhance our relationship-building and improve our
competitive position in the marketplace.
OTIE 2nd Quarter Report 2016
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5) Geographic and client expansion through acquisition. We will direct an active
acquisition strategy focused on expanding our ability to offer our technical services in
new geographic areas and with new clients (e.g., NAVFAC and USACE) through the
acquisition of complementary businesses. While we continue to invest in our people,
we must continue to pursue strategically and financially sound acquisitions. Being
disciplined in valuing and structuring the transactions, OTIE avoids acquisitions
merely for the sake of revenue.
Overall, OTIE’s strength in the market is built on relationships with key customers,
and our ability to discover new opportunities early in the acquisition cycle and
respond with discipline and direction. OTIE’s strategy is to:
Get in front of the right people
Present compelling information and arm the company with winning tactics
Partner with proven industry leaders preferred by the customer
Reinforce our sales tactics with proven past performance.
By marketing to the right decision-makers, and conducting objective determinations
on potential for success, OTIE fiercely competes when probability for success is high,
and we forego opportunities where we see minimal chance of success. Using this
focused approach reduces costs and improves our win percentage, both of which are
key components of building value in the marketplace.
d. Explanation of the Corporation’s relative performance vs. competitors and identification
of key competitors within the market
OTIE’s SBA-approved 8(a) competitors include Alaskan Native Corporations
(ANCs); Native American, tribally-owned SBs; and Native Hawaiian Organizations
(NHOs). Each of these business concerns is treated in a category of SBs that may be
awarded prime contracts without competition. OTIE also competes against other 8(a)
firms for set-aside acquisitions, including SBs that are categorized as Woman-Owned,
HUBZone, Service Disabled Veteran Owned SB, and others.
Typical competitors for OTIE include:
Small Business firms with fewer than 500 employees in NAICS 562910 (e.g.
EA; Baywest; Insight; Stell Environmental and others) plus regional
transportation engineering firms in Wisconsin.
Current 8(a) small businesses (Ayuda, Earth Resources Technology; Prudent
Technologies; Dawson Group; CTI & Associates and others).
8(a) “graduates” (e.g., Bhate, Cabrera, CAPE, ERRG, HydroGeoLogic,
Nobis, Terranear PMC, Tidewater and others). These SBs are now mature
businesses developing past performance and earning customers that keep them
“entrenched” in specific situations.
OTIE 2nd Quarter Report 2016
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OTIE continues to be viewed by other SBs as extremely competitive on major ID/IQ
prime acquisitions. Our federal agency customers have commended OTIE on the high
quality of our ID/IQ contract proposals, as well as the ease of negotiations and
businesslike interactions. In general, our customers view OTIE as a robust, durable
and agile Small Business that acts like a large business.
Regarding task order proposals, OTIE has struggled against other Small Business
competitors to win work under Multiple Award Task Order contracts (MATOC). We
fair better under Best Value procurements and tend to lose out on opportunities
awarded based in Low-Price, Technically Acceptable evaluation.
Viewing OTIE’s competitive position from a geographic perspective, we remain very
well positioned for continued DoD work overseas. We are ideally suited to deliver
AE Services in Asia/Pacific under the recently AFCEC AE13 DCS contract awarded
to the Joint Venture of OTIE-RS&H. The Defense Department’s force posture in
Asia aligns with OTIE’s planned growth: We are pre-positioned for lucrative contract
performance in the Asia/Pacific theater where DoD focus has pivoted, and we are
reaping the rewards of the long-term vision and investments made.
OTIE has garnered nationwide (and international) attention as a vigorous small
business competitor. We hold a wide variety of diverse federal contracts, and our
performance on these contracts sets us apart from most of our competitors.
e. Explanation of any material changes or developments in the market or nature of
business the Corporation is primarily engaged in since the last reporting period
In FY15 we witnessed the continued, government-wide preference to procure
MATOCs as the default contract type and acquisition strategy. Observations by our
customers over past few years indicate a favorable bid climate, which is forcing
contractors to sharpen their fee proposals and cut costs wherever possible.
One of the last agencies to adopt MATOC strategies is USEPA, whose Remedial
Action Contract (RAC) acquisition strategy for decades has relied on single awards in
each EPA Region. Under the new Remedial Action Framework (RAF) a Design and
Engineering Services (DES) contract is being acquired across three large “zones” and
with up to seven firms per zone. OTIE will pursue a prime contract award for EPA
Regions 8, 9 and 10; we will be in a sub-contractor role for EPA Regions 4, 5, 6 and
7; and we will forego pursuit in EPA Regions 1, 2 and 3. Future Small Business
contracts under the RAF will include an Environmental Services and Operations
(ESO) and Remediation Environmental Services (RES). For the ESO and RES
pursuits OTIE will team with our SBA Mentor Protégé Program partner, CH2M.
As a 25+ year experienced 8(a) firm, OTIE counterbalances the impact of a bias
toward MATOCs through an ID/IQ contract portfolio blending MATOC and singleaward 8(a) contracts (where competition is not required for task order assignment).
Going forward an acknowledged risk post-2017 is the loss of an 8(a) contracting
option for OTIE, and a probable continuation of MATOC acquisitions.
OTIE 2nd Quarter Report 2016
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Perhaps the most significant development in NAICS 562910 (Environmental
Remediation) is the Rule Change by SBA to increase the Small Business size
standard (i.e. definition) from its current 500 employee maximum to 750 employees.
SBA published their final regulation on January 26, 2016 and the change was
effective February 26, 2016. OTIE will now compete against firms that are larger and
that have access to far more resources.
To counteract the increase in OTIE’s Small Business Size Standard, it becomes
critical that the Oneida Tribe continue to support OESC’s new 8(a) subsidiary
companies. The invested capital can help our “sister” companies become stronger,
and better positioned to build a performance history to compete for more direct
awards. With strengthened financials each company becomes a competitive entity
offering contracting options with our federal customers. Promoting diversified
primary NAICS codes, the Tribe enjoys breadth of competitive, SB possibilities.
In spite of changes in our industry, our ability to adapt to the evolving needs of the
marketplace has enabled us to build a resilient business that is closely aligned to the
spending priorities of our federal clients. Because we are accustomed to competing
against formidable small and large businesses, OTIE is configured to succeed in an
atmosphere of increased competition and reduced budgets. Our business development
strategies aim to collect early information on upcoming procurements, affording us
time to develop winning strategies and allowing us to sharpen our pricing.
f. Identification of the primary goals and targets of the Corporation and progress made
towards accomplishment of the same
Goals for OTIE
Growth is the primary business goal for OTIE. Success for OTIE comes when we
align and invest along growth profiles and manage/measure accordingly to make sure
that our clients prosper. Our growth goals are in reach for 2016 and beyond, and our
steadfast commitment to holding first the goals and objectives of our clients will
ensure many more years of profitable operations by the company.
In the second fiscal quarter OTIE’s customers awarded impressive new contracts that
will build backlog in mid- to long-term periods.
We are pleased to have secured new contracts with customers in key growth areas,
paving the way for continued geographic expansion and service diversification
particularly in Georgia and California. Accomplishments include:
Stand-alone contract for up to three years of Groundwater Monitoring and
Operation & Maintenance for Fifteen Sites at AF Plant 6, Georgia
Task order at Naval Air Station Miramar, California for UST Farm RI/FS
Contract called AE13ES for Environmental Services worldwide for the USAF
Civil Engineer Center (AFCEC)
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New task orders within a three-week period under the OTIE-RS&H Joint Venture
for Design and Construction Services in Japan
WisDOT project for IH-39 Rock River Bridges and STH 59 Interchange
Reconstruction
These contract awards were augmented by other new starts with the Oneida Nation
plus healthy growth on an existing AE Services contract with the USAF 45th Space
Wing (RAEIS).
OTIE’s superior performance in 2QFY16 was assisted by the congressional
circumstance of an approved Federal budget without a Continuing Resolution
Amendment. OTIE’s customers know how to plan and execute work: They rely on us
because of our reliable and sturdy corporate infrastructure and consistent delivery of
quality services. This second fiscal quarter demonstrates the value of aligning our BD
investments with customers and projects that are ripe for chase.
In the third and fourth fiscal quarters of FY16 OTIE will position for 8(a) direct
awards as we near the end of 8(a) status. Concerted effort is being directed to
maximizing “face-time” with potential customers in the remainder of 2016.
Specifically, we will target NAVFAC and USACE Districts that have a history of
making 8(a) direct awards, since this coming 4th fiscal quarter represents OTIE’s last
opportunity for 8(a) awards. Also, our sustained marketing effort will drive new task
orders to OTIE’s AFCEC contracts and both CONUS and OCONUS marketing trips
are being planned.
Over the last two quarters in FY16 (and in FY17) OTIE faces two challenges:
SBA 8(a) “graduation,” and
A size standard increase by SBA from 500 to 750 employees in OTIE’s
primary NAICS code 562910
OTIE will be competing against firms that are larger and that have access to far more
resources.
Going forward, OTIE will leverage opportunities and advantages of our SB status—
we will pursue three avenues: identify and secure 8(a) direct awards; compete in the
8(a) set aside contract category from existing and new customers; and compete for SB
awards and occasionally unrestricted competitions.
Targets for OTIE
OTIE targets growth in government contracting where our skills and experience align
with our customers’ mission priorities. In the aggressive market of federal agency
contracting - especially in times of budgetary uncertainty - every advantage is crucial
to maintain OTIE’s position in the elite levels of SB contracting. Gaining a
competitive advantage takes strategic planning and research to focus on opportunities
that are robust (high confidence customer spend) and enduring (affording long-term
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growth opportunity). We pursue emerging or growing markets and seek entry and
profit in these areas, while closely monitoring entry costs and barriers. Identified
market segments or locations for expansion by OTIE include:
Facility/infrastructure engineering and asset management
Diversified environmental services
Munitions Response Services (MRS)
Expansion of USEPA services, contracts and Regions
Growth in the Asia/Pacific region
Described below are the accomplishments for OTIE’s targets.
Facility/infrastructure engineering and asset management – aging DoD real
property/infrastructure is a target with legitimate potential for sustained growth. Over
the last five years OTIE has expanded the engineering services we provide to our
customers. Presently we have engineering projects in the mainland US plus Hawaii
and Alaska and at DoD installations in Japan and Korea. We are winning engineering
projects for facility/infrastructure design improvements that have typically been
awarded to competing engineering giants like Jacobs Engineering, AECOM, and
CH2M Hill. On the new AE13DCS contract, OTIE-RS&H JV has been awarded a
multi-disciplined services supporting PACAF requirements.
Diversified environmental services – OTIE holds prime contracts in USACE Districts
that are serving the US Air Force’s needs for base-wide environmental services. We
are under contract for fence-to-fence (F2F) environmental services and we anticipate
proposing on similar opportunities in FY16. We are positioning for a forthcoming
USAF Pacific Air Forces (PACAF) Environmental Services Contract (ESC). The
Tulsa District chose OTIE for an 8(a) Direct Award for PFC Site Investigations.
Munitions Response Services (MRS) – OTIE is one of the only 8(a) firms with broad
capability and past performance in MRS, affording significant competitive advantage
to OTIE. This service line and its growth profile are “target rich” and we will
compete for small- and large projects going forward. Contract spending by DoD has
been slow, and existing contract capacities are virtually spent. This means new
opportunity for ID/IQ contracts in FY16 and beyond. We see Advanced Classification
(AC) Treatability Studies (TS) as a ‘coming of age’ Business Development
opportunity as DoD hustles to leverage new technologies for detection and removal of
ordnance. Approximately 500 sites need AC TS and OTIE is leveraging our AC
experience in combination with our 8(a) status to USACE, USAF and NAVFAC by
targeting AC TS and other requirements. OTIE won a contract for munitions response
services addressing advanced classification treatability studies at Mt. Owen.
Expansion of services/contracts with USEPA – OTIE was awarded a significant work
assignment at the AMCO site in Northern California under the USEPA Region 9 8(a)
site-specific RAC. In addition, we won the START in EPA Region 4, and we are
positioned for new contracts in late 2016. Long-term, high dollar contracts are
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targeted by OTIE, and in FY16 we will compete for Design and Engineering Services
(DES) in several EPA Regions under the revised Remedial Action Framework.
Growth in the Asia/Pacific region – Over the last ten years we have systematically
expanded the service offerings and the level of self-performance by OTIE instead of
team subcontractors on contracts that we have with the Air Force and USACE.
AFCEC awaits award of the second of two, worldwide AE Services contracts. OTIE
was the only small business to win both contracts. Our newest project location with
AFCEC is on Maui in Hawaii, where we anticipate a one-year follow-on project for
Title II services
g. Identification of key elements for success in strategies given, including risks, resources
and relations available and needed in order to successfully fulfill outlined strategies
To uphold and fulfill OTIE’s value and position in the marketplace we focus on those
opportunities where the federal government continues funding and that clearly align
with OTIE’s customers, such as engineering services, Munitions Response Services
(MRS), and design/construction contract management. We also continue to focus on
areas that we believe offer attractive enough returns to our clients that they will
continue to fund efforts, such as Military Family Housing design (Title I) and
construction type services (Title II) including infrastructure improvements
internationally, and studies and assessments for improvements in energy efficiency,
and facility upgrades.
We have gradually grown OTIE into an elite, highly capable small business, and we
have out-competed small and large businesses for some of our industry’s most prized
contracts. As a very credible competitor, our staff growth and geographic distribution
enhances our win potential and our resources to serve customers. Going forward a
challenge for our Regional Managers and Business Unit Managers is to identify and
equip project-level staff to continue to grow the business. We are committed to
sustaining internal efforts, such as investment in our people, such that “seller-doers”
have the necessary training and tools to identify and win new work.
Our service lanes are sturdy and rich in potential. However, risks in business are a
constant, and lasting companies endure risks with careful plotting for avoidance, and
calculated mitigation once the risks are encountered. Acknowledged risks for OTIE
include:
We operate in highly competitive industries and contracting is often erratic
and unpredictable; a reduction or delay in pending awards by government
agencies could adversely affect us
Our inability to win or renew government contracts could adversely affect us
We are exposed to risks associated with operating internationally
Our failure to properly manage projects may result in additional costs or
claims
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An economic downturn may adversely affect our business
In order to succeed we need to keep up with a variety of rapidly changing
technologies
We are highly dependent on key personnel
Future acquisitions may not go as expected and may have unexpected costs
and consequences
The government may adopt new contract laws or regulations at any time.
Fundamental keys to our success are our personnel, infrastructure, financial strength,
and cost-consciousness. If any one of these requirements is neglected, OTIE will miss
our goals and targets, and competitors may capitalize on weaknesses and gain market
advantage. These key OTIE features mold our strategies and processes for identifying
growth opportunities that align our business – services, customers, channels and
geographic areas – and augment the largest proportion of revenue and profits.
The primary key to OTIE’s continued success is to remain customer focused,
sensitive to the mission, and adaptable to change. More specific customer focused
factors for sustained growth include:
A growth strategy that is based on OTIE’s existing customers. This strategy
involves creating High Impact Value Propositions for new customer subsegments. What we sell is a service wrapped in value, and the foundational
strategy relies on 1) customers viewing OTIE through alternative lenses,
opening windows of opportunity for business performance across other OTIE
disciplines, and 2) cross-marketing OTIE’s other service capabilities to new
sub-segments of our long-standing customer base. For example, the USACE
Sacramento District continues award new contracts to expand the services that
they expect OTIE to provide, directing work away from our competitors.
Under several MESA and POCA contracts, Sacramento District reached OTIE
for Advanced Classification / Treatability Studies, essentially bridging to
OTIE’s MRS service line.
A customer-focused strategy that penetrates agencies with strong strategic
links to OTIE’s core – creating adjacent business lanes. OTIE’s USAF
customers are relying on us for delivering AE requirements to support their
space launch missions, with economic and environmental benefits. In the
remaining years on the contract, we will emphasize and activate a clear link to
OESC companies, pre-positioning us for follow-on work under the Range AE
Inspection Services (RAEIS) program and 8(a) competition.
Customer and contract-focused strategies are key for new ID/IQ contracts.
Despite having won an abundance of prime 8(a) contracts, two challenges face
us: 1) we have suffered losses on competitive task order proposals awarded
under prime contract tools, losing on both cost and technical approach; and 2)
backfilling 8(a) contracts so that we continue to be valued and demanded by
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our customers. OTIE’s strategy to remain customer-focused on ID/IQ
proposals will incorporate a performance assessment to evaluate proposal
responsiveness, win or lose. Mindful of where we can improve, we mitigate
potential performance or business risks, and this behavior begins at the
proposal and Work Plan phases on all projects.
OTIE’s organizational structure aligns with client expectations and industry
standards. Being customer focused, we grow the business by implementing principles
and strategies to:
Organize work around results that customers consider valuable
encourage operational accountability and concentration on high-quality
achievements;
create streamlined and flexible relationships in response to customers’
evolving needs; and
provide employees with corporate support required to create opportunities and
grow our company.
As an expanding SB enterprise, OTIE successfully strengthens our market position
based on our systematic business development and responsive value-added
proposals. We generate revenue and profit after successfully winning work under
our hard-fought proposals. And we provide an outstanding level of service delivery,
which ultimately determines our customers’ propensity and desire to continue a
business relationship with OTIE. Supporting all that we do is sturdiness in our
finance and accounting capabilities – a key infrastructure component that often
retards growth by our smaller competitors.
OTIE Educational and Other Outreach Programs
OTIE continues to implement its outreach programs with the Oneida community and
membership that focuses on the Oneida youth education, elders and veterans. Our
support in educational activities and opportunities for Oneida youth to encourage
their consideration of careers in engineering and science will include: 1) sponsorship
of up to two Oneida high school students to attend a Milwaukee School of
Engineering summer camp session to learn more about engineering and a potential
career in the engineering field; 2) award up to two $5000 merit scholarships to an
Oneida-member high school senior and/or a college-level senior for excellent
academic performance and the desire to study the sciences for a potential career in
engineering or environmental sciences; 3) sponsorship of math and technology
activities for Oneida middle school students; 4) OTIE is exploring the opportunity to
provide internship(s) for Oneida students.
OTIE will also continue to sponsor ongoing tai chi and chair yoga exercise classes for
the Oneida elders to support the health and well-being of the elders. This sponsorship
is accomplished with the assistance of Oneida Elder Services and the Oneida Fitness
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Center. OTIE has explored and identified available sponsorship options with Oneida
Veterans groups.
h. Identification of medium (two to five year) and long (greater than five year) prospects
and sustainability of the Corporation given the present status, strategies and risks
Despite slow economic growth and the budget challenges facing our government
clients, we are encouraged by trends in the other key markets that make up our
balanced business. Our backlog has grown and our utilization is very high — an
indicator that being diversified as a company serves to safeguarded The Oneida
Tribe’s investment.
We have successfully groomed long-term business relationships with key DoD
agencies for services delivered in the Continental US and around the world, and we
are poised to benefit from an anticipated recovery and continued “rebalancing” to the
Asia/Pacific theater. With a solidified agreement by the US Congress on federal
budget initiatives, government contracting remains an exceptionally reliable market in
terms of payment, stability, and growth opportunity. Our medium- and long-term
prospects reinforce our projections for steady, sustained growth.
Medium-term prospects
OTIE’s prospects in the two- to five-year term rely on our sturdy performance in
engineering, science and construction to existing clients; adjacent clients/services and
geographic areas; and new service offerings to new clients.
OTIE’s increased focus and investment in business development and talent
acquisition has allowed us to significantly increase both new task orders and backlog
going into FY16. We continue to strongly believe that OTIE’s capabilities and
strengths align well with the future needs and demands of our clients.
Existing Services/Existing Clients
Maintaining quality service to existing clients is a top priority for OTIE.
Common business vernacular repeats the mantra that our best business
development is with the customers we already serve. Outstanding performance
allows our good reputation to flourish and paves the way for follow-on contracts
and task order opportunities.
OTIE will continue providing services to our existing customers, aiming to
exceed expectations and become the preferred provider. Internationally and
locally we see very strong alignment between our capabilities and the services our
customers require, including WisDOT, Oneida Nation, DoD and EPA.
In FY16 we will continue to reinforce key growth areas for DoD customers.
Examples include: Munitions Response Services and traditional engineering
services; and strategic actions by the company that provide legitimate growth and
align with our customers’ spending trajectory.
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Munitions Response Services (MRS) – OTIE has invested in this growth
market but the activity has been slow to kick in. Real property encumbered by
MEC will not get magically remedied, and OTIE is poised to capture market
share in MRS in spite of the slow start that our industry has experienced. Our
challenge is to become better recognized as a safety- and quality-focused “goto” MRS provider in any location. Additionally, the combination of our core
capabilities is an important MRS selling feature as customers look for a single
source to meet their needs. OTIE is competitive among the firms that combine
MRS with environmental engineering design and construction capabilities in
“one package.” Our acquisition of OER and their technical capabilities has
expanded our ability to deliver broader capabilities in a full range of
situations, and with support from specialty providers, such as geophysics. We
will actively pursue customers that require combined services as we leverage
our capabilities into the changing economic environment.
Engineering Services – coupled with OTIE’s consistent performance for
WisDOT and other engineering customers, our new Asset Management task
orders open significant growth potential in engineering services. Firms that
engage early in the asset management process have the advantage of time and
knowledge. By knowing the spending priority for capital investments and
infrastructure sustainment, restoration and modernization, OTIE will gain
crucial intelligence and position for design contract opportunities. The
deferred maintenance on building systems remains a phenomenal growth
opportunity in the next several years. With higher direct labor utilization than
construction type projects (where subcontracting is a substantial portion of
project budgets) OTIE can expect strong financial performance in Engineering
Services. The higher labor utilization can drive down overhead, so a “flywheel
effect” is created, permitting re-investment and continued growth in
Engineering Services.
Customers will continue to rely on OTIE as integral to their success — by
delivering their most valuable projects safely, on time, within budget, and to their
quality requirements. In the two- to five-year term we will work closely with them
to find practical and innovative solutions, adding tactical value.
“Adjacent” Clients, Services and Geographic Locations
Bridging out to new clients or offering new services to existing clients is an
important component of our vision for growth. In FY15 we merged the skills
offered to one customer into new client groups and geographic areas, including
the housing neighborhood design project for the Oneida Nation. We featured
OTIE’s multi-year performance with design and construction quality assurance
for DoD, where we have been prime on over 2,000 Military Family Housing unit
designs or construction QA. In the two- to five-year term we will follow and build
upon this initial success.
OTIE’s two- to five-year strategy is to start this process by focusing on current
customers whom have strong strategic links to the core of our business. Meetings
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with the most creative/innovative customers can be a valuable source of potential
opportunity for OTIE.
New/Strategic Services, Clients and Geographic Locations
OTIE is expanding to meet customer requirements by adding engineering
disciplines including electrical, mechanical and structural engineering. We see
these key areas as having growth potential in the near future with current and
future clients.
During FY16 OTIE will collaborate with a Joint Venture partner, RS&H to chase
AE projects in geographic areas like Europe where OTIE has only limited work
experience. We will also market to NASA, USF&WS, and Army Environmental
Center customers to identify opportunities for additional penetration and
competitive traction.
In geographic regions like the US Southeast, OTIE is better positioned to find
business growth by hiring key personnel.
These and other new customers and locations present outstanding opportunities
for service growth and diversification. In FY16 OTIE will continue the drive to
target customers and new markets for additional projects.
Long-term prospects
In spite of considerable budget constraints in FY14 and FY15, OTIE envisions steady
growth with our DoD and USEPA customers over the long term. Considering that
over one-third of the federal budget is devoted to defense spending, OTIE delivers
projects where funds historically flow and our competitive posture has continued to
improve in the last decade.
Continued reliance on low-price awards is a known risk, and we continue to adjust
OTIE’s pricing structure to ensure that we remain competitive across all business
segments, while remaining conscious of the need to deliver profitable performance.
Similarly, we are concentrating our marketing efforts on maximizing our return on
investment through expanding support for existing customers, developing tasks under
existing contracts, and collaborating with firms that need either SB participation or
our specialized expertise.
We believe that the five year period from 2016 to 2020 will be strong years for OTIE.
Being well positioned in key markets and critical geographic locations, we are
confident that the long-term strategy of diversifying our offerings, maintaining
geographic reach, and focusing on our customers’ business objectives will continue to
serve us well. The prospects look particularly optimistic in the Asia/Pacific region,
where OTIE has methodically expanded our presence and our service offerings.
For the last two years of OTIE’s 8(a) status our primary business objective will
remain capturing and safely delivering on 8(a) contracts. As a small business of
substantial size, OTIE differentiates ourselves from the emerging 8(a) firms that lack
the infrastructure, experience, and resources in the federal marketplace.
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OTIE is prepared for graduation from 8(a) status. We know from experience not to
rely on “graduation gifts” and that the best success strategy is to be prepared and to be
experienced competing for work. A standing agenda topic in Executive Management
meetings will be OTIE’s exit from the 8(a) program.
i.
Explanation of market growth (if any) experienced by the Corporation, identifying
sources of growth (i.e., organic growth through market share increase, volume of
business increase, acquisition of competition or other assets, etc.)
Growth in FY15 was primarily organic or internal for OTIE. Organic growth presents
sales and BD potential only if we hire top-caliber employees with connections,
knowledge and experience in the market.
In FY16 OTIE will add staff to meet the increased workload under contracts such as
the AFCEC AE13ES and AE13DCS contracts. We have already identified new hires
to support Title II contract performance in Japan. Such organic growth will remain
our primary method of expanding business volume and market share.
In addition to internal or organic growth, our current strategy involves growth
through additional acquisitions of complementary businesses, as well as growth from
acquisitions that would diversify our current service offerings. We frequently engage
in ad hoc evaluations of potential acquisitions which, if warranted are further
explored. Ultimately, and if consummated, new acquisitions could be significant to
OTIE’s growth.
As a top-tier contractor to the federal government, OTIE has a large and diverse blend
of federal, State, municipal, tribal and commercial business customers. We provide
science, engineering, construction, and specialized technical services to DoD,
USEPA, WisDOT and other customer groups in support of a wide range of missioncritical programs. Having one highly sought-after contract in FY15, we see
outstanding potential for market growth internationally and in the Continental US.
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j.
Summary of the assets of the Corporation, including but not limited to its financial,
physical, employee, customer, brand or intellectual property, and supply assets.
OTIE ASSETS
Financial (On Balance Sheet)
Cash –Checking Accounts
Accounts Receivable from Customers
Work In Process on Current Projects
Fixed Assets such as Vehicles, Furniture and Fixtures, Survey Equipment, Monitoring
Equipment
Goodwill from the purchase of T N & Associates
Other Assets such as Prepaid Expenses, Investment in Joint Ventures
Employees
Total of 336 Employees
89 Engineers
83 Scientists
19 Construction Professionals
28 Technicians
7 Skilled Trades
45 Administrative
4 Land Surveyors
7 Marketing
40 MMRP/UXO Specialists
14 Military Base Security Specialists
Customers
77% of Revenue from our Federal clients, such as the Department of Defense, which
includes the Air Force, Navy, and Corps of Engineers. Other Federal clients include the
Environmental Protection Agency
6% Commercial –WE Energies, Raytheon
8% State and Municipal – WI Department of Transportation, California National Guard,
Ventura County, City of San Marcos, Division of State Facilities
9% from Oneida Nation
k. Summary and status of any pending legal action to which the Corporation is a party and
any relevant government regulation to which the Corporation may be subject.
OTIE is named as a defendant in a lawsuit filed by the artist of a mural. The case is
Kammeyer v. USACE.
In 1976, Kammeyer painted a mural on a dam in California after winning a contest.
The mural was painted as part of the bicentennial celebration. Over time, the paint
began to flake off, thereby contaminating the environment around the dam. The
USACE Los Angeles District recently determined that the paint used to create the
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mural was lead-based. OTIE was hired by USACE to remove a mural to stop the
lead-based paint contamination. Several months after the contract was awarded,
Kammeyer filed a lawsuit against USACE and OTIE to prevent the destruction of the
mural. Shortly after filing the lawsuit, Kammeyer filed a temporary restraining order
against USACE and OTIE in June, which was granted by a judge one day before
OTIE was to begin removing the mural. OTIE demobilized from the site at USACE’s
direction.
OTIE has hired local counsel to represent OTIE’s interests in the lawsuit. OTIE
requested plaintiff’s counsel to remove OTIE from the lawsuit by not including OTIE
as a defendant in plaintiff’s second amended complaint. Plaintiff’s counsel refused.
On August 24, 2015 the court granted the plaintiff’s motion for a preliminary
injunction. The court found in favor of the plaintiff on nearly every issue, but did not
address any of the claims against OTIE. OTIE’s next step is to decide whether to file
a motion to dismiss. USACE has issued a notification of termination for convenience
of the contract.
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 08 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Reports
Accept as Information only
Action - please describe:
Business Committee approval of report : Oneida Engineering Science and Construction FY 16 2nd quarter
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:
Tehassi Hill, Council Member
Primary Requestor:
Jacquelyn Zalim, OESC Chairwoman of the Board
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Submitted by Heather Cotey, Corporate Administrator
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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Oneida ESC Group, LLC
2nd Quarter Report – FY 2016
May 24, 2016
OESC Board of Managers:
Jacquelyn Zalim, Chair
Wilbert Rentmeester
Jeffrey House
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Oneida ESC Group, LLC 2016
Oneida ESC Group, LLC (OESC), was formed in 2012 as the catalyst for continued growth for
Oneida owned firms doing business in Construction NAICS codes for federal government
contracts. Oneida Total Integrated Enterprises (OTIE) has exceeded the $33.5M limit in certain
NAICS codes and is unable to bid and obtain contracts that fall within these NAICS codes as a
prime contractor under the small business or 8(a) business categories in the federal procurement
process. OESC and its subsidiaries are positioned to bid and pursue small business or 8(a)
contracts where OTIE has exceeded size standards.
OESC and its subsidiaries are supported by OTIE with general management and administrative
functions, including accounting and contracting management, human resource management, IT
support, overall management, and marketing, bid and proposal. Below is a summary of OESC
and its subsidiary’s activities.
Narrative Report
a. Explanation of the core of the Corporation’s business practices and market overview
OESC was created to serve as a holding company for subsidiary limited liability companies
with an 8(a) certification. This type of holding company structure is modeled after the
Alaskan Native Corporations (ANC) and other Native American Tribes that have created
similar entity structures. This holding company structure allows ANCs and Native American
Tribes to perpetually establish different 8(a) companies with different primary NAICS codes.
OESC currently has two subsidiaries, Mission Support Services (MS2) and Sustainment &
Restoration Services (SRS). MS2 obtained its 8(a) certification in 2013. SRS received its
8(a) certification in 2014.
As part of the overall strategic plan for continued growth, OTIE will be moved under OESC
as a third subsidiary upon OTIE’s graduation from the 8(a) program in 2017.
b. Explanation of the Corporation’s current place within the market
MS2 is focused on construction contracts with a size standard not to exceed $33.5M. SRS is
pursuing contracts with a size standard not to exceed $14.5M. Only firms with less than
$33.5M or $14.5M on average over a 3-year period can compete as a prime contractor. Since
OTIE can no longer compete as a prime contractor under the small business or 8(a) business
category under that size standard, OESC and its subsidiaries are strategically positioned to
compete with OTIE support.
OTIE is currently focusing on developing both MS2 and SRS. The financial and technical
resources that OESC needs are provided by OTIE.
c. Explanation of the outlines of strategies by the Corporation for improved value in the
market
OESC’s strategy is to develop its subsidiaries. The initial pursuits will take advantage of
OTIE’s existing networking capability and MS2’s and SRS’ key personnel who have existing
relationships with federal clients. These federal clients have various federal facilities
nationwide.
OESC 2nd Quarter Report 2016
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Oneida ESC Group, LLC 2016
OTIE has been supporting MS2 and SRS to recruit several employees including managers or
staff that have proven past performance and existing working relationships with many federal
clients. OTIE has led MS2 and SRS to their existing clients. Those clients have the work and
usually will procure under the small or 8(a) category under the applicable NAICS code. This
advantage will help MS2 and SRS to develop their capabilities rather quickly.
Currently MS2 is working in California, Florida, Delaware and Illinois. MS2’s current
projects include sustainment, restoration, and modernization (SRM) projects for general
facilities, asset/energy management and safety consulting. Additional projects will be
pursued in civil construction, utilities, energy management, and general facilities engineering
requirements. More competencies will be added as opportunities are sought.
SRS is currently pursuing work to provide waste management services for multiple clients in
California. SRS established an office in Santa Barbara to pursue this opportunity. SRS
established an office in Chicago, Illinois for pursuit of a US EPA Region V 8(a) START
contract proposal and SRS was awarded this contract in November 2015.
d. Explanation of the Corporation’s relative performance vs. competitors and
identification of key competitors within the
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