MEMORANDUM OF UNDERSTANDING 

BETWEEN THE HABEMATOLEL POMO OF UPPER LAKE 

AND THE LAKE COUNTY SHERIFF 

This Memorandum ofUnderstanding ("MOU") is made this~thctay of JulY.2019 by and 

between the Habematolel Pomo of Upper Lake (the "Tribe") a federally recognized Indian Tribe, 

and the government of Lake County. California (the 11County") for the benefit ofthe Lake 

County Sheriff's Department (the "Sheriff), an agency of County. This MOU is entered into on 

a government to government basis by and between the Tribe and the County. 

RECITALS 

WHEREAS, inclusion ofthe Tribe by U.S. Department of Interior, Bureau of Indian Affairs, on 

the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a) confirms that the Tribe 

is a federally recognized tribe for which Congress has explicitly expressed a federal policy 

promoting tribal self-determination and economic development; and 

WHEREAS, after it overcame the challenges of past, disastrous federal policies, the Tribe 

regained its place as a federally-recognized, sovereign Indian tribe which possesses the inherent 

powers ofthe self-government and self-determination, and as such, the Tribe recognizes the 

important. cooperative and constructive role it can play in the sovereign relationships with the 

lol,;al, state and national governments; and 

WHEREAS, having been deprived of a traditional tax base, the Tribe has built business 

enterprises to provide it with governmental revenues for its operations and programs and to play 

an important role in the economy ofthe region. The Tribe believes strongly in the concept that 

all sovereigns (federal, state and local) should work cooperatively to better the quality of life for 

all because the best way to advance Tribal members' opportunities is to advance the region, the 

state and nation, and the County concurs in such belief; and 

WHEREAS, the Tribe's jurisdiction exists within the geographical boundaries ofthe County 

and as adjacent sovereigns, the Tribe and the County have an excellent history ofworking 

cooperatively to improve the quality oflife for the local area; and 

WHEREAS, in this spirit of advancing the region for all peoples, the Tri he anc1 the County 

previously entered into an MOU in June of2016 addressing the Tribe's Trust Land acquisition 

and casino project (the "Gaming MOU"); and for clarity, this MOU is separate from and does 

not supersede, preempt, amend or in any way affect the Gaming MOU_: and 

WHEREAS, due to its location in a beautiful, yet remote area, the Tribe, pursuant to its inherent 

sovereign authority and right to self-determination as recognized by the United States Congress 

in, among other statutes. the Native American Business Development, Trade Development and 

Tourism Act of 2000 (25 U.S.C. § 4301 et. seq.), has turned to electronic commerce to bring 

customers to its wholly-owned tribal businesses including its online consumer financial services 
enterprises pursuant to duly enacted tribal laws authorizing the conduct ofthese business 

operations and subjecting each to intense regulation for the protection of all consumers by the 

Tribal Financial Services Regulatory Commission; and the County recognizes the Tribe's 

sovereign and regulatory authority over these enterprises and the importance ofthese enterprises 

to the local economy; and 

WHEREAS, the Tribe and County agree to jointly strive to create an environment with 

educational and recruitment opportunities in the region over time, in which the Tribe can create a 

well-trained and experienced workforce for the Tribe's e-commerce opportunities with the goal 

of creating an "e-commerce" hub for the region providing well-paying jobs for Tribal members 

and Tribal neighbors and improving the economy ofthe Tribe, the region and the state and 

reducing institutional dependence in the area; and 

WHEREAS, the Tribe provides many services for its members such as emergency assistance, 

substance abuse rehabilitation, child services, educational services, work incentives and elder 

care services and by doing so allows the County to better serve others by reducing the load on 

the County's and the area's already strained services; and 

WHEREAS, the Sheriff is the chief law enforcement officer ofthe County and is charged with 

protecting the citizens ofthe County and is a guardian ofthe public interest serving as a 

consumer advocate protecting against fraud and other issues; and the Sheriff and the Tribe have 

jointly developed and fostered an important, cooperative relationship including investigating 

potentially fraudulent transactions that are reported to the Tribe's business enterprises and other 

law enforcement services protecting Tribal property and Tribal members; and 

WHEREAS, the County and the Tribe reiterate their dedication to cooperative efforts to 

improve the quality oflife for the region, and the mutual respect each has for the sovereignty of 

the other, and their desire to address local issues in a cooperative and mutually respectful way; 

and 

WHEREAS, although no legal requirement exists for the Tribe to enter into this MOU or to 

make any payments to the County for benefit ofthe Lake County Sheriff's Department, the 

Tribe nevertheless desires to enter into this MOU and to make an annual voluntary contribution 

to the County for the benefit ofthe Sheriffwhich is not intended to be, and does not constitute a 

tax, fee, charge or assessment by the County or the Sheriff imposed on the Tribe; and 

WHEREAS, the County and the Sheriff enter into this MOU. through the authority ofthe 

government ofLake County, California out ofrespect for the sovereignty ofthe Tribe; in 

recognition that the Tribe's financial services enterprises are an important component of 

economic development for the Tribe and local economy and to continue the era of governmentto-government cooperation in areas ofmutual concern between the County and the Tribe; and 

WHEREAS, this MOU shall serve as evidence ofthe continued goodwill and cooperation 

between the Tribe, the County and the Sheriff in fostering a mutually respectful government-togovernment relationship that will serve the mutual interests ofthe County, Sheriff and the Tribe. 

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NOW THEREFORE, the Parties hereby agrees as follows: 

I. Definitions 

Terms not defined elsewhere in this MOU shall have the following meanings: 

"Chairperson11 shall mean that person elected through a Tribal election to serve as Chairperson of 

the Tribe's Executive Council pursuant to the Tribe's Constitution. 

"Commission" means the Tribal Consumer Financial Services Regulatory Commission as 

established by Tribal law. 

"Commissioner" means the Commissioner appointed by the Tribe's Executive Council to head 

the Commission. 

"County" means the government of Lake County, California. 

"Executive Council" means the governing body ofthe Tribe pursuant to Article IV ofthe Tribe's 

Constitution consisting ofseven members elected at large from the eligible voters ofthe Tribe. 

"Financial Services Enterprises" means those financial services entities wholly-owned and 

operated by the Tribe and regulated by the Commission. 

"Gaming MOU" means the MOU voluntarily entered into by and between the County of Lake 

and the Tribe on June J I th, 2006 regarding the Tribe's Trust Land acquisition and subsequent 

casino project. 

"MOU" means this Memorandum of Understanding, as the same may be amended by mutual 

written agreement ofthe Tribe and the County from time to time. 

"Party" means the County (including the Sheriff) or the Tribe. 

"Parties" means the County (including the Sheriff) and the Tribe. 

"Sheriff means the Lake County, California Sheriffs Department, an agency ofthe County of 

Lake, California. 

"State" means the State ofCalifornia. 

"Tribe" means the Habematolel Pomo of Upper Lake, a federally recognized Indian Tribe. 

"Trust Land" means the property which is held in trust by the United States for the exclusive 

benefit ofthe Tribe. 

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II. GENERAL AGREEMENTS BETWEEN THE PARTIES 

The County and the Tribe agree to the general principles set forth below: 

A. A well-funded and organized Sheriffs department plays an important role in the quality 

of life for all citizens ofthe County and the Tribe; 

B. The Tribe and the County strongly believe theconcept that all sovereigns (federal, state 

and local) should work cooperatively to better the quality of life for all; 

C. Due to its lack of a traditional tax base, the Tribe maintains business entities that are 

"arms ofthe Tribe" for purposes of creating Tribal governmental revenues; 

D. Due to its remote location, the Tribe must seek opportunities through the internet-the 

great equalizer ofopportunities for remote locations; 

E. The Tribe has successfully brought electronic commerce opportunities through its 

Financial Services Enterprises that have significantly contributed to the economic 

development and well-being ofthe Tribe and the region; 

F. Using revenues from its electronic commerce businesses, the Tribe has created programs 

for its members that has reduced the demands on County and State services; 

G. The Tribe and County share a long-term goal ofcreating a well-educated and experienced 

labor pool in the area from which the Tribe intends to hire to support its electronic 

commerce businesses and other economic development opportunities; 

H. The Tribe and County both agree that any negative impacts on the Tribe's electronic 

businesses will have an immediate and negative impact on the Tribal and local economy 

and all peoples of the region; 

I. The Tribe has provided assurances to the County and the Sheriff that it has established 

the Commission to provide protections to customers accessing services offered by the 

Tribe's Financial Services Entities through the internet; 

J. The Tribe and Sheriff have established effective, cooperative processes for addressing 

consumer issues and for other law enforcement response and support at Tribal facilities 

on the Tribe's Trust Land; and 

K. The Tribe wishes to provide, and the County wishes to receive, financial contributions to 

benefit the Sheriffs office made directly possible by the revenues the Tribe receives 

from Tribe's electronic commerce businesses. 

III. DUTIES AND RESPONSIBILITIES OF THE TRIBE 

The Tribe and the Commission shall maintain and voluntarily demonstrate the following 

to the County and the Sheriff under this MOU: 

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A. The Tribe's governing body shall maintain Tribal laws for the provision and regulation of 

financial services by its wholly-owned arms ofthe Tribe and shall provide the County 

and the Sheriff with any amendments to these Tribal laws; and 

B. The Commission shall pursue compliance programs that ensure the protection of 

consumers and will act quickly and appropriately in addressing any consumer 

complaints; the Commission shall also ensure that each ofthe Financial Services 

Enterprises operates under bona fide Tribal law and regulations, maintains all applicable 

licenses, and follows all applicable consumer protection and other laws including such 

federal laws and regulations as: the Trnth in Lending Act, the Electronic Fund Transfer 

Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the GrammLeach-Bliley Act, and the Equal Credit Opportunity Act; and 

C. The Tribe agrees to maintain an open dialogue with the County and the Sheriff regarding 

any law enforcement needs ofthe Tribe and to create a cooperative environment for the 

provision ofsuch needs; and 

D. The Chairperson and the Commissioner shall be the primary contacts for all issues 

pertaining to the Financial Services Enterprises. The Chairperson and the Sheriff shall be 

the primary contacts for all other law enforcement issues. 

IV. DUTIES AND RESPONSIBILITIES OF THE SHERIFF 

A. The County and the Sheriff recognize that the Tribe has the sovereign authority to 

engage in providing consumer financial services on the Tribe's Tribal Trust Lands and to 

establish its regulatory framework applicable to its Financial Services Enterprises; and 

B. In acknowledgment ofthe government-to-government relationship between the Tribe 

and County, the Executive Council, Commissioner and Sheriff all agree to consult in 

resolving any consumer complaints or issues related to the Tribe's Financial Services 

Enterprises and to follow such protocols as are jointly developed; and 

C. The Sheriff shall meet with the Executive Council at least semi-annually to discuss law 

enforcement issues ofthe Tribe and its businesses. 

V. EFFECT OF THIS MOU 

A. No Limitations. No provision ofthis MOU is intended to, and no provision ofthe MOU 

shall be construed to, limit or otherwise affect the authority ofthe County, the Sheriff, the 

Tribe, or the Commission to administer, implement, or enforce any provision of any law 

subject to their respective jurisdictions. 

B. Sovereign Immunity. Nothing in this MOU shall be construed as a waiver ofany ofthe 

Pa11ies' sovereign immunity, express or implied, or the sovereign immunity of any ofits 

instrumentalities, political subdivisions, business entities, agents, departments, or 

agencies, or their respective officers, directors, employees, or agents. 

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VI. GENERAL CONTRIBUTION TO THE COUNTY FOR USE BY THE 

LAKE COUNTY SHERIFF'S DEPARTMENT 

A. Annual Payment. 

The Tribe shall make an annual contribution to the Lake County Sheriffs 

Department in the amount oftwenty-five thousand dollars ($25,000) in four equal 

installments within ten days ofthe close of each quarter commencing at the end of the 

second quarter 2019 and continuing so long as this MOU is in effect or as modified 

below. 

B. Term or Modification ofAnnual Payment. 

The Tribe shall continue to make the contributions set forth in Section VJ.A 

above unless: 

(I) TheTribe's Executive Council determines that its Financial Services 

Enterprises have insufficient cash flows in any particular quarter to fund 

that quarter's contribution; or 

(2) The occurrence ofa Force Majeure event pursuant to Article VII ofthis 

MOU;or 

(3) Either the County or the Tribe terminate this MOU pursuant to Article 

VII.B ofthis MOU. 

VII. TERM ANDTERMINATION 

A. Effective Date. The general effective date ofthis MOU is the date that it has been 

signed by the Tribe, by the County of Lake and by the Lake County Sheriff. 

B. T~rminalion. 

(1) Written Notice for Termination. This MOU will remain in effect until 

superseded by a signed, mutual agreement of the Parties. A Party may 

withdraw from or otherwise terminate its participation in this MOU with 

no less than thirty (30) days written notice provided to the other Parties. 

(2) Jnformation Retained After Termination of MOU. To the extent that a 

Party retains information upon termination ofthis MOU, all information 

provided by either Party shall continue to be treated in accordance with 

the terms ofthis MOU. 

VIII. FORCE MAJEURE. 

If, due to Force Majeure (as hereinafter defined), an act ofGod, valid business 

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considerations or in the event the Tribe ceases or suspends operations of its Financial 

Services Enterprises, the Parties1 obligations under this MOU shall be suspended as of 

the date of such suspension or termination until such time as such operations are resumed. For 

the purposes ofthis Section, the term "Force Majeure" shall include, without limitation, the 

following: earthquake; flood; fire; other natural disasters; riots; war; terrorism; or the action of 

any state government or the federal government that impinges upon or negatively affects the 

Tribe's ability to conduct business. 

IX. DISPUTE RESOLUTION PROVISIONS. 

In an effort to foster good relationships, the Parties agree that the highest ranking 

official of each Party shall meet with the other Parties and shall make their best efforts to 

resolve claims ofany dispute specifically arising under this MOU by good faith negotiations. 

X. MISCELLANEOUS 

A. Severability. If any provision ofthis MOU is held by a court of competent 

jurisdiction to be illegal, invalid, unenforceable, unauthorized, annulled, voided or set 

aside, under present o r future laws, the remaining provisions of this MOU shall 

remain in full force and effect and shall not be affected by such provision or by its 

severance from this MOU. In the event ofany such determination, the Parties shall 

enter into good faith negotiations to replace the prohibited or invalid provision with a 

valid provision, the effect ofwhich comes as close as possible to that ofthe invalid 

provision. 

B. Binding Agreement. This MOU is intended to be, and shall be construed to be, 

binding upon the Parties and all successors and successors-in-interest ofeach Party. 

C. Amendments. The Parties may amend this MOU from time to time, provided that 

such amendments are agreed to in writing by al I Parties. 

D. Execution. This MOU may be executed in counterparts and by signature sent by 

facsimi1e or electronically, each of which shall be deemed an original for all purposes. 

E. Authority. Each Party to this MOU represents and warrants that it has the requisite 

legal authority to enter into this MOU. 

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IN WITNESS WHEREOF, the Parties have executed this MOU as ofthe date first set 

forth above. 

. ina Scott 

TIUe: Chair, Board of Supervisors 

HABEMATOLEL POMO OF UPPER LAKE 

Acknowledged by: 

Sheriff's Department ofLake County, an Agency ofLake County 

By: Brian Martin 

Title: Sheriff 

The Tribal Consumer Financial Services Regulatory Commission 

By:Davidomas 

Title: Commissioner 

REVIEW AS TO FORM 

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