MEMORA'IDUM , OF UNDERSTANDING BET\VEEN 

THE SUQUAl'VllSH TRIBE 

AND 

THE CITY OF POULSBO 

GUIDil\G PRINCIPLES 

This Memorandum of Understanding ("MOU") dated J)ge.emb I~, 2.0oS 

is executed between the Suquamish Tribe ("Tribe") and the City of Poulsbo ("City") in 

order to better achieve mutual goals through an improved relationship between sovereign 

Tribal government and local city government. This MOU provides a framework for 

strengthening the government-to-government relationship that exists today. 

The parties to this MOU respect the sovereignty and political integrity of the 

Tribal government and the political integrity ofthe City government. The respective 

sovereignty ofa federally recognized Tnoe and the decision-making authority ofthe 

City, as a political subdivision of the State ofWashington, provide authority for each 

party to exist and govern. The parties share respect for the values and cuhures 

represented by the Tribal government and the City and desire an agreement ber.veen the 

City and the Tribe reflecting a full government-to-government relationship. The parties 

will work in good faith to achieve the goals ofsuch an MOU. 

PARTIES 

The Tribe is a federally recognized Indian tribe located on the Port Madison 

Indian Reservation ("Reservation") in Kitsap County, Washington. The Tribe is a party 

to the Treaty of Point Elliot. The Tribe has a vital interest in, and responsibility for, the 

planning and protection of the public health, safety, economic welfare and resource 

management needs and interests of its members, other residents of the Reservation, and 

the Reservation itself. 

The City is a municipal corporation of the State of Washington. The City has a 

vital interest in, and responsibility for, the planning and protection ofthe public hea lth, 

safety, economic welfare and resource management needs and interests of its residents. 

GOALS 

This MOU is a testament to the commitment ofthe parties to strengthen their 

government-to-government relationship. This relationship respects the sovereign Status 

ofthe Tribe and decision-making roles ofthe City, enhances and improves 

communications between the two parties and seeks to facilitate the resolution ofissues. 

The ultimate purpose ofthis MOU is to improve communication and mutual 

understanding so that people are better served by decisions made by these governments. 

I 
To facilitate this purpose, the parties will implement a forum in which to discuss, 

review and recommend procedures to strengthen their government-to-government 

relationship. This MOU also provides a foundation for subsequent agreements between 

1he panies that address specific tasks or resolve specific issues. 

The parties recognize the contnlmcions, both unique to and shared by the parties, 

lhac each make to the broad cultural, economic and historical heritage ofthe Kitsap 

Peninsula. Better communication and more systematic opportunities to work and 

celebrate together will encourage respect and understanding ofthe panies' different 

cultures, link people to their heritage, foster a sense ofplace, deepen community pride, 

encourage civility and empathy, and offer hope for the future. 

The parties acknowledge that actions by the Tribe or by the City can affect 

aquatic habitats, fisheries, cultural resources, security or the economic well being of the 

parties. Dialog on these issues will alleviate misunderstandings and potential conflict and 

foster an environment ofmutual protection ofboth parties' natural, cultural and economic 

resources. 

The parties recognize that the Tribe has a vital economic, cultural and spiritual 

interest that may be affected by City activities. The parties further recognize the City's 

own economic and cultura.l interests which may be influenced by activities of the Tribe. 

Communication on these matters will foster a mutual understanding ofwhat each 

community brings to the region as a whole. 

The panies acknowledge that success in achieving these respective goals, 

responsibilities and interests require an express commitment by the parties to these goals 

and i1 is therefore in the interests ofboth parties to establish a process that facilities 

cooperation between the parties and provides methods for better communication, 

continued education and resolution ofvarious issues. 

The parties recognize that implementation of this MOU may rectuire educational 

efforts to promote understanding oftbe government-to-government relationship within 

their respective organizations and with the public. 

IMPLEMENTATION 

PROVISIONS AND DUTIES OF INTERGOVERL'lMENTAL COMMITTEE 

Formation: The Tribe and City will form an Intergovernmental Committee 

("Committee") to be comprised ofelected officials ofeach party and their designated 

representatives. The Tnl>e and City recognize the Committee as the appropriate forum 10 

review and discuss issues ofmutual concern and propose specific agreements to their 

respective governments that outline actions, initiatives and policies to 

resolve issues of mutual concern. The Committee shall be formed and conduct its first 

meeting within sixty (60) calendar days of the date this MOU is fully executed.. 

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Membership: The Committee shall include r.vo (2) elected officials from each 

party selected by and subject to removal and replacement by their respective 

governments. One Committee member from each party will be designated by its 

government to serve as a co-chair of the Committee. The co-chairs will set meeting dates 

and places, develop agendas and produce and distribute materials required for meetings. 

When a Committee member cannot attend a meeting, he or she may send a designated 

representative to the meeting. The designated representative may be another elected 

official or a management level employee of the party. At or before the first meeting of 

the Committee, each party will provide written notification identifying its members and 

its designated representative. Designated representatives may attend any meeting of the 

Committee, whether or not be or she is attending as a member's designate. 

Meetings: The Committee shall meet quarterly for two (2) years following the 

adoption of this MOU. The Committee may opt, by mutual agreement, to alter the 

frequency ofmeetings as circumstances warrant. At least three Committee members 

must be present to establish a quorum for a meeting at which business is transacted or 

motions are adopted. The Committee will record the minutes ofeach meeting, with the 

parties alternating th.is duty each quarter. The party recording the minutes will prepare 

draft minutes for review and approval by the Committee at its next meeting. 

Scope ofIssues: Matters brought before the Committee will be issues of 

intergovernmental interest to the Tribe and City and may include but are not limited to 

matters such as economic wellbeing, environmental protection, cultural events, cultural 

resources protection, fisheries and habitat restoration. The Committee will decide, based 

on mutual agreement, whether it will address a particular matter. 

Decision-Making: The Committee shall have wide flexibility in the manner in 

which matters before the Committee are handled. The Committee will endeavor to 

achieve consensus on matters requiring action by their respective governments. When 

deemed useful, tbe Committee may engage a qualified and neutral individual to serve as a 

facilitator for a meeting or series ofmeetings. Any facilitator must be jointly selected 

with costs shared equally by both parties. 

Technical Subcommittees: The Committee may elect to delegate specific 

technical issues to subcommittees for information gathering, study, and/or analysis. The 

composition, scope and responsibilities of the subcommittees will be determined by 

mutual agreement of the Committee at the time it decides to form such a subcommittee. 

Amendment Procedures: The provisions of this MOU may be amended by 

mutual written agreement of the parties duly executed by the lawfully authorized officers 

or officials ofeach party. 

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SOVEREIGNTY AND DISCLAIMERS 

Each party respects the sovereignty oftbe otber pany. In executing tbis MOU, no 

pany waives any rights, including treaty rights, immunities or jurisdiction. Ibis MOU 

does not diminish any rights or protections; rather it seeks to strengthen the parties' 

collective ability to successfully resolve issues of mutual concern. 

While the relationship descnlled in this MOU provides increased ability to solve 

problems, it is not expected to resolve all issues. lnberent in the relationship is the right 

ofeach oftbe parties to elevate an issue of importance to its decision-making authority. 

Consistent with intergovernmental courtesy, a decision to elevate an issue of importance 

to its decision-making authority will only be made after reasonable written notification to 

the other party. Upon receipt of the notice, the Committee will cease any activity on the 

matter and the governing bodies ofthe parties shall directly address the matter ifmutually 

desired. 

TERMINATION OF AGREEMENT 

Either party may terminate this MOU upon one hundred twenty (120) calendar 

days written notice. Recommendations made by the Committee and all speci fie 

agreements execut.ed by the parties during the term ofthis MOU shall survive the 

termination ofthis MOU and shall be binding on both parties and their successors. 

EFFECTIVE DATE 

This MOU shall become effective upon authorized signacures by the parties 

below. 

Dated: / ~ -/.../- 0 5 Dated: _/_l.~/_·~!11_./_o_...>_-_ 

THE CITY OF POULSBO SUQUAMlSH TRIBE 

:J___ 

Donn~or· Leonard Forsman, Cbainnan 

Attested to by: 

~ L-LW 

Lindaolt, Secretary 

4 
POULSBO AGREEMENT DISTRIBUTION SCHEDULE 

SUBJECT: MOU w/Suquamish Tribe for Impact Mitigation Fund Grant 

CONFORM AS TO DATES & SIGNATURES 

(X) Passed by the City Council: 10/17/2007 

(X) Effective: 10/19/2007 for impacts in 2005 and 2006 

( ) Recorded: 

DISTRIBUTE CONFORMED COPIES AS FOLLOWS: 

( ) City Attorney 

(1) Clerk's Department: Original 

(1) Finance: Jana Brown has copy for grant file 

( ) Mayor 

( ) Municipal Court 

( ) MRSC 

( ) Parks/Recreation: 

( ) Planning/Building: 

(1) Police: Interim Chief Evans has copy 

( ) Public Works: 

( ) PW/Engr: 

(1) Bookshelf Contracts Copy 

( ) File# 

( ) Indexing 

(1) Jill - Contract (for scanning) 

(1) Suquamish Tribe has original 

10\2s\2001 

City Cle~ Date 
MEMORANDUM OF UNDERSTANDING BETWEEN 

THE SUQUAMISH TRIBE AND THE CITY OF POULSBO 

REGARDING IMPACT MITIGATION FUND GRANT 

I. Preamble 

This Memorandum ofUnderstanding ("Agreement") is by and between the Suquamish Tribe, 

a federally recognized Indian Tribe organized pursuant to the Indian Reorganization Act of 1934 

(25 U .S.C. Section 476), ("Tribe") and City ofPoulsbo, a city organized under RCW 34 

("Poulsbo"). 

This Agreement is entered into in compliance with Section XIV.C. l ofthe Tribal-State 

Compact for Class Ill Gaming Between the Suquamish Tribe and the State ofWashington, dated 

January 26, 1995, effective March 31, 1995, by order ofthe Bureau ofIndian Affairs, United 

States Department ofthe Interior ("Tribal-State Compact"), and pursuant to the Constitution and 

Bylaws ofthe Suquamish Tribe Article Ill, Section (a), 25 U.S.C. 81, and RCW 39.34. 

II. Recitals 

A The Tribal-State Compact provides for the Tribe to withhold and disburse a maximum of 

2.0% ofthe Net Win from its Class ill gaming operation for the purpose of assisting local 

agencies affected by the Tribe's Class Ill gaming operation based on documented costs. 

B. In accordance with the Tribal-State Compact, the Community Impact Mitigation Fund 

Committee ("Committee") convened to review eligible grant applications for impact mitigation 

fund grants and to determine the grant recipients and the amount ofeach grant award. 

C. On May 22, 2007, the Committee awarded the City ofPoulsbo Police Department an Impact 

Mitigation Grant in the total sum of $20,000 to compensate for impacts occurring in the calendar 

years 2005 and 2006. 

D. To comply with a condition precedent to the disbursement of any moneys granted pursuant to 

Section XlV.C.l ofthe Tribal-State Compact, the Suquamish Tribe and Poulsbo desire to enter 

into an agreement stating the terms and conditions for the disbursement, receipt and use ofthe 

Impact Mitigation Fund grant. 

ACCORDINGLY, THE PARTIES AGREE AS FOLLOWS: 

III. Agreement 

1. Definitions. As used in this Agreement: 

Suquamish Tribe/City ofPoulsbo Police Dept. 

Impact Mitigation Grant MOU for 2005 and 2006 

1 
"Impact Mitigation Fund" means the fund established by the Tribe for the purpose of 

providing financial assistance to local agencies affected by the Tribe's Class III gaming 

operation based on documented costs. This fund shall be established with the Tribe's 

withholding ofa maximum of2.0% ofthe Net Win from its Class III gaming operation. 

"Impact Mitigation Fund Committee" or "Committee" established under Section 

XIV.CJ ofthe Tribal-State Class III Gaming Compact, whose purposes are to determine what, if 

any impacts have occurred within the county, neighboring cities and on the Port Madison Indian 

Reservation from the Tribe's Class III gaming operation; to determine who provided the services 

which were impacted; and, to distribute grants from the Impact Mitigation Fund to public 

agencies and governmental bodies who establish and quantify such impacts. 

"Net Win" means the total amount ofthe Tribe's gross Class III gaming revenue after 

prizes and winnings have been paid out. Net Win, as defined here, specifically excludes satellite 

wagering revenues, Class II gaming revenues, and non-gaming revenues such as, but not limited 

to food, beverage, wholesale and retail sales. 

2. Jurisdiction. Nothing in this Agreement shall be construed to cede any jurisdiction ofeither 

party, modify the laws of either party, modify the legal rights ofany person, accomplish any act 

violative ofState or Federal law or subject the parties to any liability to which they would not 

otherwise be subjected to by law. 

3. Award ofImpact Mitigation Fund Grant. Upon the full execution ofthis Agreement, 

Poulsbo Police Department shall be assured ofa share ofmoney from the Tribe's 2005 and 2006 

Impact Mitigation Fund in the total grant amount oftwenty thousand dollars ($20,000.00). 

4. Payment. Distribution ofthis Grant shall be made by the Tribe to Poulsbo through one single 

payment made upon full execution ofthis Agreement. 

5. Use ofFunds. This Grant is awarded to Poulsbo for the purchase ofon-person or in-vehicle 

police encounter audio-video systems. Poulsbo shall use these grant funds for these purposes 

only and shall not use these funds to supplant other funding for its police operations. 

6. Report On and Record of Use ofGrant Funds. Poulsbo shall maintain accurate records of 

its use ofits grant funds and make such records available to the Committee upon request. 

7. Limited Waiver ofSovereign Immunity. Poulsbo hereby grants a limited waiver of 

sovereign immunity to suit solely for with respect to claims asserted by the Tribe against it for 

specific performance ofthis Agreement. 

8. Venue, Consent to Jurisdiction. Venue for any dispute between the Tribe and Poulsbo 

regarding this Agreement shall be the United States Federal District Court for the Western 

District ofWashington, at Seattle. Poulsbo consents to personal jurisdiction ofthe Federal Court 

Suquamish Tribe/City ofPoulsbo Police Dept. 

Impact Mitigation Grant MOU for 2005 and 2006 

2 
for the limited purposes ofhearing disputes related to this Agreement. Any party bringing suit in 

the above Court will do so only upon reasonable belief that the court is competent to hear its 

claim or claims. Suit may otherwise be brought in any court ofcompetent jurisdiction. 

9. Duration/f ermination of Agreement. The Tribe shall have the right to unilaterally 

terminate this Agreement with thirty (30) days written notice in the event it closes its Class III 

gaming operation permanently or for longer than ninety (90) days. The expiration or termination 

ofthis Agreement shall absolve the Tribe from any obligation to make payments to Poulsbo, 

beyond payments already received by Poulsbo prior to the expiration or termination. 

10. Non-renewable Grant. The Grant is non-renewable. Nothing in this Agreement prohibits 

Poulsbo from filing an application with the Committee or receiving grant funds in any 

subsequent year. 

11. Notices. Any notice to be given under this Agreement shall be deemed sufficient ifgiven in 

writing and sent by registered or certified mail to the following addresses: 

To the Tribe or Committee: 

Chairman 

Suquamish Tribe 

P.O. Box 498 

Suquamish, WA 98392 

To City ofPoulsbo: 

Mayor 

City ofPoulsbo 

P. 0. Box 98 

Poulsbo, WA 983 70 

With a copy to: 

ChiefofPolice 

City ofPoulsbo 

P.O. Box 98 

Poulsbo, WA 98370 

12. Amendments. This Agreement shall not be amended except in writing signed by both 

parties to the Agreement. 

This Agreement is dated the I 9 tb day of ocl-ober •2007. 

~ Leonard Forsman, Chairman 

A~~ Attested to by:

Jake Evan's, Interim Poulsbo Police Chief 

0 

~ 

Suquamish Tribe/City ofPoulsbo Police Dept. 

Impact Mitigation Grant MOU for 2005 and 2006 

3 

POULSBO AGREEMENT DISTRIBUTION SCHEDULE 

SUBJECT: Suquamish Tribe – Impact Mitigation Fund Grant (MOU) 

CONFORM AS TO DATES & SIGNATURES 

(_) Approved by the City Council: N/A 

(X) Completion: December 31, 2011 (For Years 2009 & 2010) 

(_) Recorded: N/A 

DISTRIBUTE CONFORMED COPIES AS FOLLOWS: 

(_) City Attorney 

(1) Clerk's Department: Original 

(X) Posted to Library Drive 

(_) Posted to Web Site 

(_) Finance: 

(_) Fire District #18 

(_) Mayor 

(_) Municipal Court 

(_) MRSC 

(_) Parks/Recreation 

(_) Planning/Building 

(_) Police 

(_) Public Works/Engineering: 

Jill A. Boltz 

City Clerk 

July 3, 2013

Date 
THE SUQUAMISH TRIBE 

OFFICE OF TRIBAL ATTORNEY 

DAVID BOURNE, LEGAL & LITIGATION ASST. 

Post Office Box 498 

Suquamish, WA 98392-0498 

Phone(360)394-8497 

Fax(360)598-4293 

REC . IVED 

AUG2 3 ZOH

e,rv Uf t'" . ULSBO 

August 22, 2011 

Mayor Becky Erickson 

City of Poulsbo 

P.O. Box 98 

Poulsbo, WA 98370 

RE: 2009-2010 Impact Mitigation Grant Memorandum of Agreement 

Dear Mayor Erickson, 

Enclosed please find two originals of the 2009-2010 Impact Mitigation Grant Memorandum of 

Agreement between the Suquamish Tribe and the City of Poulsbo. Please have it signed by the 

persons listed in the signature block, return both originals to me and I will begin the process to 

get the release of the grant funds. Please call me at (360) 394-8497 if you have any questions. 

Also, please shred any previous memorandums of this agreement you may have received. 

Cordially, 

David Bourne 

Legal and Litigation Assistant 

to Michelle Hansen 

Encl. 
BOND No. K08564322 

CONTRACT DOCUMENTS 

~ ~,(: ti' 06 \:~I~fD) 

er, ~ OULSBO 

f · NEERING 

Ci(y ofPoulsbo 

Fjord Drive Slide Repair - . CN20 11 -004 

Contract Documents 

LD- 1 Ju(y 2011 
MEMORANDUM OF UNDERSTANDING BETWEEN 

THE SUQUAMISH TRIBE AND THE CITY OF POULSBO 

REGARDING IMPACT MITIGATION FUND GRANT 

I. Preamble 

This Memorandum of Understanding ("Agreement") is by and between the Suquamish Tribe, 

a federally recognized Indian Tribe organized pursuant to the Indian Reorganization Act of 1934 

(25 U.S.C. Section 476), ("Tribe") and City of Poulsbo, a city organized under RCW 34 

("Poulsbo"). 

This Agreement is entered into in compliance with Section XIV.C.l of the Tribal-State 

Compact for Class III Gaming Between the Suquamish Tribe and the State of Washington, dated 

January 26, 1995, effective March 31, 1995, by order ofthe Bureau of Indian Affairs, United 

States Department of the Interior ("Tribal-State Compact"), and pursuant to the Constitution and 

Bylaws of the Suquamish Tribe Article III, Section (a), 25 U.S.C. 81, and RCW 39.34. 

II. Recitals 

A. The Tribal-State Compact provides for the Tribe to withhold and disburse a maximum of 

2.0% of the Net Win from its Class III gaming operation for the purpose of assisting local 

agencies affected by the Tribe's Class III gaming operation based on documented costs. 

B. In accordance with the Tribal-State Compact, the Community Impact Mitigation Fund 

Committee ("Committee") convened to review eligible grant applications for impact mitigation 

fund grants and to determine the grant recipients and the amount of each grant award. 

C. On June 23, 2011, the Committee awarded the City of Poulsbo Police Department an Impact 

Mitigation Grant in the total sum of $16,500 to compensate for impacts occurring in the calendar 

years 2009 and 2010. 

D. To comply with a condition precedent to the disbursement of any moneys granted pursuant to 

Section XIV.C.l of the Tribal-State Compact, the Suquamish Tribe and Poulsbo desire to enter 

into an agreement stating the terms and conditions for the disbursement, receipt and use of the 

Impact Mitigation Fund grant. 

ACCORDINGLY, THE PARTIES AGREE AS FOLLOWS: 

III. Agreement 

1. Definitions. As used in this Agreement: 

Suquamish Tribe/City ofpoulsbo Police Dept. 

Impact Mitigation Grant MOU for 2009 and 2010 
"Impact Mitigation Fund" means the fund established by the Tribe for the purpose of 

providing financial assistance to local agencies affected by the Tribe's Class III gaming 

operation based on documented costs. This fund shall be established with the Tribe's 

withholding of a maximum of2.0% of the Net Win from its Class III gaming operation. 

"Impact Mitigation Fund Committee" or "Committee" established under Section 

XIV.C.I of the Tribal-State Class III Gaming Compact, whose purposes are to determine what, if 

any impacts have occurred within the county, neighboring cities and on the Port Madison Indian 

Reservation from the Tribe's Class III gaming operation; to determine who provided the services 

which were impacted; and, to distribute grants from the Impact Mitigation Fund to public 

agencies and governmental bodies who establish and quantify such impacts. 

"Net Win" means the total amount of the Tribe's gross Class III gaming revenue after 

prizes and winnings have been paid out. Net Win, as defined here, specifically excludes satellite 

wagering revenues, Class II gaming revenues, and non-gaming revenues such as, but not limited 

to food, beverage, wholesale and retail sales. 

2. Jurisdiction. Nothing in this Agreement shall be construed to cede any jurisdiction of either 

party, modify the laws of either party, modify the legal rights of any person, accomplish any act 

violative of State or Federal law or subject the parties to any liability to which they would not 

otherwise be subjected to by law. 

3. Award of Impact Mitigation Fund Grant. Upon the full execution of this Agreement, 

Poulsbo Police Department shall be assured of a share of money from the Tribe's 2009 and 2010 

Impact Mitigation Fund in the total grant amount of sixteen thousand five hundred dollars 

($16,500.00). 

4. Payment. Distribution of this Grant shall be made by the Tribe to Poulsbo through one single 

payment made upon full execution ofthis Agreement. 

5. Use of Funds. This Grant is awarded to Poulsbo to partially fund the purchase of two police 

vehicles. Poulsbo shall use these grant funds for these purposes only and shall not use these 

funds to supplant other funding for its daily operations or equipment purchases. 

6. Report On and Record of Use of Grant Funds. Poulsbo shall maintain accurate records of 

its use of its grant funds and make such records available to the Committee upon request. 

7. Limited Waiver of Sovereign Immunity. Poulsbo hereby grants a limited waiver of 

sovereign immunity to suit solely for with respect to claims asserted by the Tribe against it for 

specific performance ofthis Agreement. 

8. Venue, Consent to Jurisdiction. Venue for any dispute between the Tribe and Poulsbo 

regarding this Agreement shall be the United States Federal District Court for the Western 

Suquamish Tribe/City ofPoulsbo Police Dept. 

Impact Mitigation Grant MOU for 2009 and 2010 

2 
District of Washington, at Seattle. Poulsbo consents to personal jurisdiction of the Federal Court 

for the limited purposes of hearing disputes related to this Agreement. Any party bringing suit in 

the above Court will do so only upon reasonable belief that the court is competent to hear its 

claim or claims. Suit may otherwise be brought in any court of competent jurisdiction. 

9. Duration/Termination of Agreement. The Tribe shall have the right to unilaterally 

terminate this Agreement with thirty (30) days written notice in the event it closes its Class III 

gaming operation permanently or for longer than ninety (90) days. The expiration or termination 

of this Agreement shall absolve the Tribe from any obligation to make payments to Poulsbo, 

beyond payments already received by Poulsbo prior to the expiration or termination. 

10. Non-renewable Grant. The Grant is non-renewable. Nothing in this Agreement prohibits 

Poulsbo from filing an application with the Committee or receiving grant funds in any 

subsequent year. 

11. Notices. Any notice to be given under this Agreement shall be deemed sufficient if given in 

writing and sent by registered or certified mail to the following addresses: 

To the Tribe or Committee: 

Chairman 

Suquamish Tribe 

P.O. Box 498 

Suquamish, WA 98392 

To City of Poulsbo: 

Mayor 

City of Poulsbo 

P. 0. Box 98 

Poulsbo, WA 98370 

With a copy to: 

Chiefof Police 

City of Poulsbo 

P.O. Box 98 

Poulsbo, WA 98370 

12. Amendments. This Agreement shall not be amended except in writing signed by both 

parties to the Agreement. 

This Agreement is dated the ___ day of August, 2011. 

City of Poulsbo 

Bec$;ckson, 

\<,~ ~ Mayor 

Suquamish Tribe/City of Poulsbo Police Dept. 

Impact Mitigation Grant MOU for 2009 and 2010 

3