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HomeMy WebLinkAboutR-2001-116 Yakama Nation 2% Community Contribution Committee Memorandum of Understanding (re: gambling profits)RESOLUTION NO. R-2001- 116 A RESOLUTION authorizing and directing the Mayor of the City of Yakima to execute the attached Memorandum of Understanding/Yakama Nation 2% Community Contribution Committee. WHEREAS, the Yakama Nation and the State of Washington have entered into a Class III Gaming Compact; and WHEREAS, under the terms of said compact, the City of Yakima has been appointed a member of the Community Contribution Committee whose function is to oversee the dispersal of a community contribution fund established to ameliorate local impacts from Class III gaming within the County and on the Yakama Reservation; and WHEREAS, Under the terms of the compact, the members of the Community Contribution Committee must enter into a memorandum of understanding prior to determining the dispersal of the community contribution funds; and WHEREAS, the members of the committee have agreed to submit the attached memorandum of understanding to their respective jurisdictions for adoption, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Mayor of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Memorandum of Understanding/Yakama Nation 2% Community Contribution Committee. ADOPTED BY THE CITY COUNCIL this 7"%ay of August, 2001. ATTEST: City Clerk (Ik) res(Yakama Nation Gambling Compact(jw) ./%—e Place, Mayor T* * CONFrDERATED * TRIBES AND BANDS Confederated Tribes and Bands Established by the of the Yakama Indian Nation Treaty of June 9, 1855 MEMORANDUM OF UNDERSTANDING Yakama Nation 2% Community Contribution Committee This Memorandum of Understanding is entered into effective as of the day of , 2001, between the Confederated Tribes and Bands of the Yakama Nation, a federally recognized Indian Tribe (hereinafter referred to as the "Nation"), the State of Washington/Washington State Gambling Commission (hereinafter referred to as the "State"), Yakima County (hereinafter referred to as the "County"), the City of Yakima, and the City of Toppenish (collectively hereinafter referred to as "the Parties"). WHEREAS, the Nation has entered into a Tribal -State Compact (hereinafter referred to as the "Compact"), with the State concerning Class III gaming at the Nation's Yakama Legends Casino; and WHEREAS, pursuant to the Compact, the Yakama Legends Casino sets aside a portion of its funds, called the Community Contribution Fund, for the purposes of providing assistance to law enforcement, emergency medical, traffic and transportation, and other agencies and service providers impacted by the Nation's Class III gaming activities at the Yakama Legends Casino; WHEREAS, pursuant to the Compact, the Nation has convened a six member Community Contribution Committee composed of one representative designated by the Yakama Tribal Council, one representative from the Yakama Nation's Gaming Commission, one representative from the Washington State Gambling Commission, one representative from Yakima County, one representative from the City of Yakima, and one representative from the City of Toppenish, to determine and oversee the allocation and distribution of the Community Contribution Funds, and the mutual responsibilities of the receiving local agencies and service providers with respect to the use of their respective allocations; WHEREAS, the Nation and the local governments wish to enter into a Memorandum of Understanding concerning the aforementioned functions and responsibilities of the Community Contribution Committee and the administration of the Community Contribution Funds; NOW, THEREFORE, for and in consideration of the mutual promises contained herein and pursuant to the Nation's Compact, the parties hereto hereby agree as follows: 1. The Community Contribution Committee shall determine the allocation of the Community Contribution funds and thereby seek to ameliorate local impacts from Class III gaming within the County and on the Yakama Reservation. 2. The Committee shall meet at least annually, and as otherwise necessary in order to perform its functions, when agreed to in advance by a majority of the Post Office Box 151, Fort Road, Toppenish, WA 98948 (509) 865-5121 Committee. In the event that the Chair fails to call a regular annual meeting, the Yakama Nation representative who is not the Chair shall do so. 3. The meetings of the Committee shall occur at the Yakama Legends Casino or such other location as shall be mutually convenient to the members of the Committee. 4. No action of the Committee shall be valid unless a quorum of a simple majority of the voting members is present, provided however that one of the simple majority shall be either the Tribal Council representative or the Yakama Nation Gaming Commission representative, and unless all members have been notified in writing at least 10 days in advance of the time, date and place of such meeting. 5. The Chair of the Committee shall rotate annually among the members of the Committee in the following order: (1) the Yakama Tribal Council representative, (2) the City of Toppenish representative, (3) the City of Yakima representative, (4) the County of Yakima representative, and (5) the Yakama Nation Gaming Commission representative. The representative to the Committee from the State shall not be a part of this rotation and shall not serve as Chair. 6. The meetings of the Committee shall be closed except that any member of the Nation's Tribal Council and/or designated staff member, Director or Assistant Director of the Washington State Gambling Commission and/or designated staff member, member of the Yakama Nation Gaming Commission and/or designated staff member, County Commissioner and/or designated staff member, member of the Yakima City Council and/or designated staff member, or member of the Toppenish City Council and/or designated staff member, may attend any Committee meeting, but such additional representatives may not vote. It is agreed that only the Chair of the Committee will speak to the news media on behalf of the Committee regarding the substance of Committee meetings or activities. Any statements or information to be shared with the news media, on behalf of the Committee, will be agreed upon by overall consensus of the Committee members present at any meeting. Comments to news media by any other member or attendee shall be made only for the entity on whose behalf such person attended the committee proceedings, and not for the Committee or any other entity, taking into consideration the well-being of the Committee. 7. Each representative on the Committee, or their designated alternate, shall have one vote and all decisions shall be by majority vote. 8. The representative on the Committee, or their designated alternate, shall strive to obtain consensus among all members of the Committee whenever possible 9. Each January the Chair of the Committee shall send a letter to local agencies, departments, and service providers, located within the area of the Yakama Legends Casino, including the Yakama Reservation, the City of Yakima, and otherwise within Yakima County, including without limitation, law enforcement, fire, and emergency services agencies (including those responsible for traffic and transportation), informing those agencies of the opportunity for supplemental grants to support their services which have been impacted by the operation of the Nation's Casino. Such letter shall solicit applications for the funding of documented projects or services rendered or anticipated related to impacts of the Casino, and provide a response deadline of at least 20 days and a format in which applications shall be submitted. The Committee shall meet within 30 days after the application response deadline. 10. After receipt and review of applications by the Committee, the Committee shall either (1) approve, in whole or in part, an application for a grant, or (2) reject, in whole or in part, an application for a grant. For any application, the Committee may invite the applicant to provide further information to the Committee to supplement the application, either personally or in writing, prior to the Committee rendering a decision. 11. The Committee shall review and decide upon any unsolicited applications for grants, which it may receive, at the next scheduled Committee meeting. 12. The Parties agree that all local jurisdictions and agencies, whether or not parties to this agreement , may submit applications for disbursements based upon historical data showing impact, and that such data may be used to support both reimbursements for impacts from the date of opening of the Nation's Class III gaming operation at Legends Casino, and prospective funding, for up to two years, for projected impacts from the date of application forward. Applications for and disbursements of community contribution funds may be made on a grant basis as further described in paragraph 18 below. 13. The Nation shall establish a separate account (to be known as the Yakama Legends Community Contribution Account) at a bank insured under the FDIC into which the Community Contribution monies shall be deposited monthly, for the community purposes described in this agreement and Section XIV.0 of the Compact. 14. The Account, including principal and interest, shall be disbursed by the Nation according to grants approved by the Committee, with disbursement being made within 30 days of the Committee meeting and decision to disburse; Provided that where the disbursement is an ongoing obligation, each periodic disbursement shall be made within 30 days of the end of each calendar quarter. 15. All grantees must agree in writing at the time of the receipt of the Community Contribution grant(s) that the money will be used as a supplement and according to the grant application to address impacts attributable to the operation of the Nation's Casino, and not to replace funding already existing and available as of May 1998. 16. The Parties agree that any grant to a specific local department or agency will be used as a supplement and according to the grant application to address impacts attributable to the operation of the Nation's Casino, and not to replace funding already existing and available as of May 1998. 17. Grant applications and disbursements may be made for periods of up to two years from the date of approval; Provided that grants extending longer than one year from date of approval shall be subject to annual adjustment according to Section XIV C.4 of the Compact. 18. The grantee shall be required to keep and maintain accurate records with respect to the expenditure of the grant and to make those records available for inspection and copying by any party to this agreement during normal business hours. 19. The Yakama Nation Tribal Council representative shall maintain accurate records concerning its funds and grants, including minutes of all meetings, which records shall be kept at Yakama Nation Finance Office, available for inspection and copying by any party to this agreement, including State gaming agents, during normal business hours. 20. If, in the opinion of a majority of the Committee, a grantee has not or is not using the funds in a manner consistent with the grant, then the Committee shall be entitled to (1) withhold grant monies pending further review by the Committee, (2) investigate, formally or informally, the use of grants monies, and/or (3) terminate the grant of a grantee after notice to the grantee. 21. Unless otherwise stated herein, all notices shall be in writing and sent to the Parties at the addresses attached hereto as Appendix "A", or to such other addresses as the Parties may hereafter designate in writing. Notices shall be sent by registered or certified mail, postage prepaid, or facsimile. Such notices shall be deemed effective three days after mailing, or when hand delivered, or faxed with phone confirmation. 22. By executing this Agreement, no signatory hereto waives any sovereign immunity which it may possess, and neither applicants, grantees, nor any other non-party individual or entity is or shall be deemed to be a third party beneficiary of this Agreement. 23. This Agreement shall remain in effect until either the termination of the Compact or terniination of the Compact provisions requiring operation of the Community Contribution Committee. 24. Notwithstanding any other provision of this Agreement, the Parties shall evaluate the agreement for sufficiency every three years, and may amend the same by mutual agreement and signature of all Parties. Executed this day of , 2001. Yakama Nation: o ie Selam, Sr., Cha'. man Y ma Tribal Counc Washington State Gaming Commission: Melinda Froud, AAG N i.'am Olney = _ - - • , Chat man Yakama Nation Gaming Co ission Yakima County: James M. Lewis, Chairman, County Board of Commissioners City of Yakima: City of Toppenish: Mary Place, Mayor James M. Southworth, City Manager Executed this day of , 2001. Yakama Nation: Lonnie Selam, Sr., Chairman Steve Isaac, Chairman Yakama Tribal Council Yakama Nation Gaming Commission Washington State Gaming Yakima County: Commission: Melinda Froud, AAG James M. Lewis, Chairman, County Board of Commissioners City of Yakima: City of Toppenish: aler Mary Place, Mayor James M. South Orth, City Manager Executed this day of , 2001. Yakama Nation: Lonnie Selam, Sr., Chairman Steve Isaac, Chairman Yakama Tribal Council Yakama Nation Gaming Commission Washington State Gaming Yakima County: Commission: Melinda Froud, AAG City of Yakima: Mary Place, Mayor James M. Le County Boar rman, ommissioners City of Toppenish: James M. Southworth, City Manager Executed this day of , 2001. Yakama Nation: Lonnie Selam, Sr., Chairman Steve Isaac, Chairman Yakama Tribal Council Yakama Nation Gaming Commission Washington State Gaming Yakima County: Commission: Melinda Froud, AAG City of Yakima: City Contract No, 2001-80 Resolution No. R-2001-116 James M. Lewis, Chairman, County Board of Commissioners City of Toppenish: James M. Southworth, City Manager Executed this day of , 2001. Yakama Nation: Lonnie Selam, Sr., Chairman Steve Isaac, Chairman Yakama Tribal Council Yakama Nation Gaming Commission Washington State Gaming Yakima County: Commission: A4,.4-1.5z-vir.01- Melind Froud, AA -0 James M. Lewis, Chairman, S aren, County Board of Commissioners City of Yakima: City of Toppenish: Mary Place, Mayor James M. Southworth, City Manager BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * ( 0 For Meeting Of August 7, 2001 ITEM TITLE: A resolution authorizing and directing the Mayor of the City of Yakima to execute the attached Memorandum of Understanding/Yakama Nation 2% Community Contribution Committee. SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Jeff B. West, Senior Assistant City Attorney, 575-6033 SUMMARY EXPLANATION: Under the terms of a compact between the Yakama Nation and the State of Washington, 2% of the gambling profits from the Yakama Nation's Gaming operations is to be set aside to be used to offset the impacts to local governments from gaming operations. Dispersal of these funds is to be overseen by a Committee consisting of a member from the Nation, a member from the Tribal Gaming Commission, a representative of the State of Washington Gaming Commission, and one representative from each of three local governments; Yakima County, Toppinish, and the City of Yakima. The six members first order of business is to establish the ground rules under which the Committee is to operate by adopting a "memorandum of understanding" (MOU). Adoption of this agreement by the members is a prerequisite to actual dispersal of any funds. Following extensive discussion by the committee members, a proposed document was drafted for presentation to the governing bodies of each of the committee members. This agreement is presented to the City Council for adoption. This agreement does not resolve several issues of contention between the parties. Notably, it does not resolve a dispute as to the eventual disbursement of those funds, which are believed to be in excess of $200,000.00, that have already been placed in the community contribution fund. Resolution Ordinance X Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: �i City Manager STAFF RECOMMENDATION: Adopt Resolution COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-116 BOARD OF YAKIMA COUNTY COMMISSIONERS IN THE MATTER OF AUTHORIZING YAKIMA COUNTY COMMISSIONER JAMES M. LEWIS } TO SIGN 2% COMMUNITY CONTRIBUTION } COMMITTEE MEMORANDUM OF } UNDERSTANDING } RESOLUTION NO. 376-2001 WHEREAS, Yakima County is included in a Memorandum of Understanding between the Confederated Tribes and Bands of the Yakama Nation and the State of Washington/Washington State Gambling Commission; and, WHEREAS, the Yakama Nation has convened a six member Community Contribution Committee composed of one representative designated by the Yakama Tribal Council, one representative from the Yakama Nation's Gaming Commission, one representative from the Washington State Gambling Commission, one representative from Yakima County, one representative from the City of Yakima, and one representative from the City of Toppenish, to determine and oversee the allocation and distribution of the Community Contribution Funds, and the mutual responsibilities of the receiving local agencies and service providers with respect to the use of their respective allocations; and, WHEAREAS, James M. Lewis is the representative for Yakima County; and, WHEREAS, Yakima County, the Yakama Nation, and other local governments listed above wish to enter into a Yakama Nation 2% Community Contribution Committee Memorandum of Understanding for the Community Contribution Funds; and, WHEREAS, Yakima County approves and endorses the Yakama Nation 2% Community Contribution Committee Memorandum of Understanding; now, therefore, BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners that Commissioner James M. Lewis, be and hereby is, authorized to sign the 2% Community Contribution Committee Memorandum of Understanding. Done this 31st day of July ss„®g2�(} ;1,,tr�, AO °' 'JJamesM.Lewis,Ca v - Attest: Carla M. Rodriguez - •=' i EXCUSED Jesse S. Palacios, Commissioner JJ`k.� Clerk of the Board L G•\2001 Resolutions\376-2001.Authorize Lewis to Sign.doc Ronald F. Gamache, ommissioner Constitutes the Board of County Commissioners for Yakima County, Washington YAKAMA NATION OFFICE OF LEGAL COUNSEL pCEIV ; 42iui na tauunc ._. J V 12 211U1 July 19, 2001 Steve Issac/Kristin Lumley Yakama Nation Gaming Commision P.O.Box 1127 580 Fort Road Toppenish, WA 98948 Mary Place Yakima City Council 129 N. 2nd Street Yakima, WA 98901 Melinda Froud Washington State Gambling Commission P.O. Box 42400 Olympia, WA 98504-2400 James M. Lewis Yakima County Commissioner 128 N. 2nd Street 11416 Yakima County Coruthouse Yakima, WA 98901 RE: 2% Community Contribution Committee MOU Dear Committee: P.O. Box 151 Toppenish, WA 98948 Phone: (509) 865-7268 Fax: (509) 865-4713 E -Mail: MOBta;Yakama.coni John V. Staffan Deputy Prosecuting Attorney Yakima County Courthouse, Room 211 Yakima, WA 98901 Jeff West Prosecuting Attorney's Office City Legal Department 200 S. 3rd Street Yakima, WA 98901 Jim Southworth City Manager City of Toppenish 21 West 1st Avenue Toppenish, WA 98948 James Andrews City of Toppenish Police Dept. 1 West First Ave. Toppenish, WA 98948 As of Today I have had only one additional comment from members of the committee. Mayor Mary Place contacted me to point out that paragraph seven and eight should both make reference to the designated alternate. I have made this correction (previously only paragraph 8 contained the designated alternate language). With this final change I believe this document is in its final form and is ready for approval by each ent. Thank you for your patience. respective gove SinceF ylIt // 461 recti O. Bruc Acting lead Attorney Yakama Nation Office of Legal Counsel t -k COYPED KA E1111; . ;i 38, 5 Ai4b YgKAMA NA'n�H� • TREATY OF * 8 * ** * Confederated Tribes and Bands Established by the of the Yakama Nation Treaty of June 9, 1855 MEMORANDUM OF UNDERSTANDING Yakama Nation 2% Community Contribution Committee This Memorandum of Understanding is entered into effective as of the day of , 2001, between the Confederated Tribes and Bands of the Yakama Nation, a federally recognized Indian Tribe (hereinafter referred to as the "Nation"), the State of Washington/Washington State Gambling Commission (hereinafter referred to as the "State"), Yakima County (hereinafter referred to as the "County"), the City of Yakima, and the City of Toppenish (collectively hereinafter referred to as "the Parties"). WHEREAS, the Nation has entered into a Tribal -State Compact (hereinafter referred to as the "Compact"), with the State concerning Class III gaming at the Nation's Yakama Legends Casino; and WHEREAS, pursuant to the Compact, the Yakama Legends Casino sets aside a portion of its funds, called the Community Contribution Fund, for the purposes of providing assistance to law enforcement, emergency medical, traffic and transportation, and other agencies and service providers impacted by the Nation's Class III gaming activities at the Yakama Legends Casino; WHEREAS, pursuant to the Compact, the Nation has convened a six member Community Contribution Committee composed of one representative designated by the Yakama Tribal Council, one representative from the Yakama Nation's Gaming Commission, one representative from the Washington State Gambling Commission, one representative from Yakima County, one representative from the City of Yakima, and one representative from the City of Toppenish, to determine and oversee the allocation and distribution of the Community Contribution Funds, and the mutual responsibilities of the receiving local agencies and service providers with respect to the use of their respective allocations; WHEREAS, the Nation and the local governments wish to enter into a Memorandum of Understanding concerning the aforementioned functions and responsibilities of the Community Contribution Committee and the administration of the Community Contribution Funds; NOW, THEREFORE, for and in consideration of the mutual promises contained herein and pursuant to the Nation's Compact, the parties hereto hereby agree as follows: 1. The Community Contribution Committee shall determine the allocation of the Community Contribution funds and thereby seek to ameliorate local impacts from Class III gaming within the County and on the Yakama Reservation. 2. The Committee shall meet at least annually, and as otherwise necessary in order to perform its functions, when agreed to in advance by a majority of the Post Office Box 151, Fort Road, Toppenish, WA 98948 (509) 865-5121 Committee. In the event that the Chair fails to call a regular annual meeting, the Yakama Nation representative who is not the Chair shall do so. 3. The meetings of the Committee shall occur at the Yakama Legends Casino or such other location as shall be mutually convenient to the members of the Committee. 4. No action of the Committee shall be valid unless a quorum of a simple majority of the voting members is present, provided however that one of the simple majority shall be either the Tribal Council representative or the Yakama Nation Gaming Commission representative, and unless all members have been notified in writing at least 10 days in advance of the time, date and place of such meeting. 5. The Chair of the Committee shall rotate annually among the members of the Committee in the following order: (1) the Yakama Tribal Council representative, (2) the City of Toppenish representative, (3) the City of Yakima representative, (4) the County of Yakima representative, and (5) the Yakama Nation Gaming Commission representative. The representative to the Committee from the State shall not be a part of this rotation and shall not serve as Chair. 6. The meetings of the Committee shall be closed except that any member of the Nation's Tribal Council and/or designated staff member, Director or Assistant Director of the Washington State Gambling Commission and/or designated staff member, member of the Yakama Nation Gaming Commission and/or designated staff member, County Commissioner and/or designated staff member, member of the Yakima City Council and/or designated staff member, or member of the Toppenish City Council and/or designated staff member, may attend any Committee meeting, but such additional representatives may not vote. It is agreed that only the Chair of the Committee will speak to the news media on behalf of the Committee regarding the substance of Committee meetings or activities. Any statements or information to be shared with the news media, on behalf of the Committee, will be agreed upon by overall consensus of the Committee members present at any meeting. Comments to news media by any other member or attendee shall be made only for the entity on whose behalf such person attended the committee proceedings, and not for the Committee or any other entity, taking into consideration the well-being of the Committee. 7. Each representative on the Committee, or their designated alternate, shall have one vote and all decisions shall be by majority vote. 8. The representative on the Committee, or their designated alternate, shall strive to obtain consensus among all members of the Committee whenever possible . 9. Each January the Chair of the Committee shall send a letter to local agencies, departments, and service providers, located within the area of the Yakama Legends Casino, including the Yakama Reservation, the City of Yakima, and otherwise within Yakima County, including without limitation, law enforcement, fire, and emergency services agencies (including those responsible for traffic and transportation), informing those agencies of the opportunity for supplemental grants to support their services which have been impacted by the operation of the Nation's Casino. Such letter shall solicit applications for the funding of documented projects or services rendered or anticipated related to impacts of the Casino, and provide a response deadline of at least 20 days and a format in which applications shall be submitted. The Committee shall meet within 30 days after the application response deadline. 10. After receipt and review of applications by the Committee, the Committee shall either (1) approve, in whole or in part, an application for a grant, or (2) reject, in whole or in part, an application for a grant. For any application, the Committee may invite the applicant to provide further information to the Committee to supplement the application, either personally or in writing, prior to the Committee rendering a decision. 11. The Committee shall review and decide upon any unsolicited applications for grants, which it may receive, at the next scheduled Committee meeting. 12. The Parties agree that all local jurisdictions and agencies, whether or not parties to this agreement , may submit applications for disbursements based upon historical data showing impact, and that such data may be used to support both reimbursements for impacts from the date of opening of the Nation's Class III gaming operation at Legends Casino, and prospective funding, for up to two years, for projected impacts from the date of application forward. Applications for and disbursements of community contribution funds may be made on a grant basis as further described in paragraph 18 below. 13. The Nation shall establish a separate account (to be known as the Yakama Legends Community Contribution Account) at a bank insured under the FDIC into which the Community Contribution monies shall be deposited monthly, for the community purposes described in this agreement and Section XIV.0 of the Compact. 14. The Account, including principal and interest, shall be disbursed by the Nation according to grants approved by the Committee, with disbursement being made within 30 days of the Committee meeting and decision to disburse; Provided that where the disbursement is an ongoing obligation, each periodic disbursement shall be made within 30 days of the end of each calendar quarter. 15. All grantees must agree in writing at the time of the receipt of the Community Contribution grant(s) that the money will be used as a supplement and according to the grant application to address impacts attributable to the operation of the Nation's Casino, and not to replace funding already existing and available as of May 1998. 16. The Parties agree that any grant to a specific local department or agency will be used as a supplement and according to the grant application to address impacts attributable to the operation of the Nation's Casino, and not to replace funding already existing and available as of May 1998. 17. Grant applications and disbursements may be made for periods of up to two years from the date of approval; Provided that grants extending longer than one year from date of approval shall be subject to annual adjustment according to Section XIV C.4 of the Compact. 18. The grantee shall be required to keep and maintain accurate records with respect to the expenditure of the grant and to make those records available for inspection and copying by any party to this agreement during normal business hours. 19. The Yakama Nation Tribal Council representative shall maintain accurate records concerning its funds and grants, including minutes of all meetings, which records shall be kept at Yakama Nation Finance Office, available for inspection and copying by any party to this agreement, including State gaming agents, during normal business hours. 20. If, in the opinion of a majority of the Committee, a grantee has not or is not using the funds in a manner consistent with the grant, then the Committee shall be entitled to (1) withhold grant monies pending further review by the Committee, (2) investigate, formally or informally, the use of grants monies, and/or (3) terminate the grant of a grantee after notice to the grantee. 21. Unless otherwise stated herein, all notices shall be in writing and sent to the Parties at the addresses attached hereto as Appendix "A", or to such other addresses as the Parties may hereafter designate in writing. Notices shall be sent by registered or certified mail, postage prepaid, or facsimile. Such notices shall be deemed effective three days after mailing, or when hand delivered, or faxed with phone confirmation. 22. By executing this Agreement, no signatory hereto waives any sovereign immunity which it may possess, and neither applicants, grantees, nor any other non-party individual or entity is or shall be deemed to be a third party beneficiary of this Agreement. 23. This Agreement shall remain in effect until either the termination of the Compact or termination of the Compact provisions requiring operation of the Community Contribution Committee. 24. Notwithstanding any other provision of this Agreement, the Parties shall evaluate the agreement for sufficiency every three years, and may amend the same by mutual agreement and signature of all Parties. Executed this day of , 2001. Yakama Nation: Lonnie Selam, Sr., Chairman Yakama Tribal Council Yakama Nation Gaming Commission Steve Isaac, Chairman Washington State Gaming Yakima County: Commission: Melinda Froud, AAG City of Yakima: 27, I James M. Le County Boar rman, ommissioners City of Toppenish: James M. Southworth, City Manager YAKAMA NATION OFFICE OF LEGAL COUNSEL November 1, 2001 LaRena Sohappy Yakama Nation Tribal Council 401 Fort Road Toppenish, WA 98948 Hiram Olney Yakama Nation Gaming Commision P.O.Box 1127 580 Fort Road Toppenish, WA 98948 John Puccinelli Yakima City Council 129 N. 2nd Street Yakima, WA 98901 Melinda Froud Washington State Gambling Commission P.O. Box 42400 Olympia, WA 98504-2400 Kristin Lumley Yakama Nation Gaming Commision P.O.Box 1127 580 Fort Road Toppenish, WA 98948 P.O. Box 151 Toppenish, WA 98948 Phone: (509) 865-7268 Fax: (509) 865-4713 E -Mail: MOB@Yakama.com James M. Lewis Yakima County Commissioner 128 N. 2nd Street #416 Yakima County Coruthouse Yakima, WA 98901 John V. Staffan Deputy Prosecuting Attorney Yakima County Courthouse, Room 211 Yakima, WA 98901 Jeff West Prosecuting Attorney's Office City Legal Department 200 S. 3rd Street Yakima, WA 98901 Jim Southworth City Manager City of Toppenish 21 West 1st Avenue Toppenish, WA 98948 James Andrews City of Toppenish Police Dept. 1 West First Ave. Toppenish, WA 98948 RE: 2% Community Contribution Committee Meeting November 8, 2001 Members of the Committee: Enclosed for your records is the signed 2% Community Contribution Committee MOU. Also enclosed are an agenda and a draft application and letter to potential applicants. These documents need to be reviewed and a decision reached as to their form. We hope to distribute them as soon as possible to a list of potential applicants, and others upon request, so that we can truly get this Committee up and running. The next meeting has been set for 9:00 a.m. Thursday, November 8, 2001, at the Yakama Legends Casino conference room. Please check in with security at the Casino, 2% COMMUNITY CONTRIBUTION COMMITTEE NOVEMBER 8, 2001 AGENDA 1. Introduction Of Committee Members 2. Brief Review Of MOU 3. Review And Decision On Draft Application And Letter To Potential Applicants 4. Other Miscellaneous Matters For Discussion (if any) 5. Discussion Of Next Meeting Date DRAFT YAKAMA NATION APPLICATION FOR COMMUNITY CONTRIBUTION FUND GRANT The purpose of the Community Contribution Fund is to provide financial assistance to local law enforcement, emergency services and other agencies who have been negatively impacted by the Yakama Nation's operation of a Class III (Casino style) gaming facility. Applicant: Contact: Agency: Address: Project Title: Total Project Cost: Phone: Amount Requested: Are you a local law enforcement agency? Are you a local emergency services agency? Are you a local public service agency? Are you a local provider of social services not listed above? Describe the public services you provide: [ ] Yes [ ] No [ ] Yes [ ] No [ ] Yes [ ] No [ ] Yes [ ] No Are you affiliated with a governmental entity? Have you applied for a grant from this Fund before? If yes, state date(s): [ ] Yes [ ] No [ ] Yes [ ] No Have you previously been awarded a grant? [ ] Yes [ ] No If yes, state date(s): Please describe how you have been impacted by the Yakama Nation Legends Casino operation of a Class III gaming facility? [Add additional pages, if necessary] DRAFT Do you have documentation showing these impacts? [ ] Yes [ ] No If yes, list and describe the documentation (include date created, author, subject matter, dates covered by the document) and attach a copy of each document identified: If no, please describe any other manner in which the identified impacts can be substantiated.: Are there other factors regarding your project about which we should be aware (e.g. compliance orders, emergency declarations, etc.)? Would you be available to make an oral presentation to the Community Contribution Fund Committee if such a presentation were requested? [ ] Yes [ ] No DRAFT CERTIFICATION I certify that I have authority to act on behalf of the applicant agency and that I am authorized by the applicant agency to sign and submit this grant application and certification to the Yakama Nation Community Contribution Fund Committee. I certify that the answers given in this grant application are true and complete to the best of my personal knowledge and the knowledge of the applicant agency. The applicant agency authorizes the Yakama Nation Community Contribution Fund Committee to investigate all statements contained in this grant application as may be necessary in arriving at a grant award decision. The agency understands that the Yakama Nation Community Contribution Fund Committee may interview people and entities concerning the verification of information presented in this application or in any subsequent oral or written presentation and that such people or entities may make statements about the agency in response to the Committee's inquiry. The applicant agency releases the Yakama Nation Community Contribution Committee, Committee members and any person or entities making statements about the agency from any liability arising from activities concerning the verification of information, provided statements are not made maliciously or with the intent to harm the applicant agency. The applicant agency acknowledges and understands that all grantees must agree in writing at the time of the receipt of the Community Contribution grant that the money will be used as a supplement and according to the grant application to address impacts attributable to the operation of the Yakama Nation's Casino, and not to replace funding already existing and available as of May 1998. The applicant agency acknowledges and understands that all grantees shall be required to keep and maintain accurate records with respect to the expenditure of the grant and to make those records available for inspection and copying by any member or agent of the Yakama Nation Community Contribution Fund Committee during normal business hours. The applicant agency understands and acknowledges that false or misleading information given in this application or any subsequent oral or written presentation or any misuse or misappropriation of grant monies received from the Fund will result in the award and any monies provided under the award being immediately forfeited. Date: Signature of Applicant: )YAKAMA NATIOND COMMUNITY CONTRIBUTION COMMITTEE c/o Rose Quilt Office of Legal Counsel P.O. Box 151 Toppenish, WA 98948 November 12, 2001 [Service Provider] To Whom It May Concern: Pursuant to the Gaming Compact between the Yakama Nation and the State of Washington, Section XIV.C, the Yakama Nation agreed to establish a fund consisting of up to two percent (2%) of the "net win" from certain Class II and Class III gaming activities at the Yakama Nation Legends Casino located on the Yakama Reservation. This fund, called the "Community Contribution Fund", is to be used to provide monetary assistance to law enforcement, emergency services, and other service providers/agencies which have been negatively impacted by the Yakama Nation's gaming operation on the Yakama Reservation. The Community Contribution Committee ("Committee") has identified your agency as a service provider who may have been impacted by the operation of the Yakama Nation's casino, and may thereby qualify for such funding. Therefore, your agency is being given the opportunity to submit a written application to the Committee for funding. The enclosed application requires that you define the type and extent of impact on your agency which has resulted directly or indirectly from the operation of the Yakama Nation's gaming facility. Any supporting reports, records, budget proposals, data, and other information substantiating the financial impact on matters under your agency's jurisdiction should be attached to the application. In addition, you must submit a narrative description of how your agency intends to use any funds it may receive. The applications should cover the period beginning May of 1998 through December 2001. In addition, you are permitted to project impacts to your agency over the next two years, based upon historical impact data. Please use a separate application for the years 1998, 1999, 2000 and 2001. A single application may be used to apply for funds on a prospective basis for years 2002 and 2003. Applications must be postmarked by December 10, 2001 to be considered. Following receipt of applications the Committee will meet to review and determine the extent of funding, if any, for each applicant. Your agency may be requested to provide additional information or an oral presentation concerning the impacts to your operation and the intended use of any Community Contribution funds. If you have any questions concerning this process you may contact ???? at ????. Sincerely, LaRena Sohappy, Chairman Yakama Nation Community Contribution Committee