THE SUQUAMISH TRIBE City of Seattle Gregory J. Nickels, Mayor

GOVERNMENT TO GOVERNMENT AGREEMENT BETWEEN THE SUQUAMISH TRIBE & THE CITY OF SEATTLE

GUIDING PRINCIPLES

This government-to-government agreement (hereinafter referred to as "Agreement") dated this 20th day of July, 2004 is executed between the Suquamish Tribe (hereinafter referred to as "the Tribe" and the City of Seattle (herein after referred to as "the City") in order to better achieve mutual goals through an improved relationship between sovereign governments. This Agreement provides a framework for strengthening the government-to-government relationship that exists and implementation of procedures to ensure execution of that relationship.

The Parties to this Agreement respect the sovereignty of the other. The respective sovereignty of the City and of the federally recognized Tribe provides authority for that party to exist and to govern. The Parties share respect for the value and culture represented by each government and desire an agreement between the City and the Tribe reflecting a full government-to-government relationship and will work in good faith to achieve the goals of this agreement.

PARTIES

The Tribe is a federally recognized Indian tribe located on the Port Madison Indian Reservation (hereinafter referred to as "the Reservation") in Kitsap County, Washington. The Tribe is a party to the Point Elliot Treaty of 1855. 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 their members, the Reservation community and the Reservation itself. The Tribe has treaty reserved usual and accustomed fishing grounds and stations within the City's watershed and drainage basin areas.

The City is a chartered municipality in the state of Washington. The City 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 residents. As a regional water supplier and provider of electricity, the City also has long-term contractual obligations to the broader regional population to provide water and energy resources.

GOALS

This Agreement is a testament to the commitment by the Parties to strengthen their government-to-government relationship. This relationship respects the sovereign status of the Parties, enhances and improves communications between them, and seeks to facilitate the resolution of issues.

This Agreement intends to implement procedures to strengthen the government-to-government relationship. This Agreement also provides a foundation for subsequent agreements between the Parties of a more specific nature which outline specific tasks to address or resolve specific issues.

The Parties recognize the contributions, both unique to and shared by the Parties, that each make to a broad cultural, economic, and historical heritage. Better communication and more systematic opportunities to work and celebrate together are understood by both Parties to further basic goals of a regional community such as promoting respect for different cultures, linking people to their heritage, fostering a sense of place, deepening community pride, encouraging civility, fostering empathy, and offering hope for the future.

The Parties acknowledge that certain of the actions on the part of the City have the potential to affect the region as a whole, particularly those actions related to watersheds and drainage basins which can have positive or adverse impacts on the environment, specifically water quality, fisheries, wildlife, and other resources.

The Parties acknowledge that the success in achieving their respective goals, responsibilities, and interests can be significantly affected by the actions of the other, and it is therefore in the interests of both Parties to establish a process that facilitates cooperation between the Parties and provide methods for better communication, continued education, and resolution of various issues.

The Parties recognize that implementation of this Agreement will require educational efforts to promote understanding of the government-to-government relationship within their respective organizations and with the public.

IMPLMENTATION PROCEDURES

This Agreement addresses the relationship between the Parties, its ultimate purpose being to improve communication and mutual understanding so that people are better served by decisions made by both governments.

PROVISIONS AND DUTIES OF INTERGOVERNMENT COMMITTEE

Formation: The Tribe and the City agree to form an Intergovernmental Committee to be comprised of elected officials, or their designated representatives, of the Parties. The Tribe and the City recognize this Intergovernmental Committee as the appropriate forum for discussion and resolution of issues. It will be the Intergovernmental Committee's responsibility to draft specific agreements for their respective governments' action that outline actions, initiatives, and/or policies to address and/or resolve issues of mutual concern.

Membership: The Intergovernmental Committee shall include up to two (2) elected officials of the Tribes, or their designees, and up to two (2) elected officials of the City, or their designees. The Committee members will be selected and subject to removal and replacement by their respective governments.

Meetings: The Intergovernmental Committee shall meet as determined by the Parties. The Intergovernmental Committee may opt by mutual agreement to alter the frequency of meetings as circumstances warrant. The Intergovernmental Committee shall be co-chaired by an elected official from each Party. The Tribes and City will each appoint a cochair at the Intergovernmental Committee's first meeting. These cochairs may be replaced by their appointing government at any time. The co-chairs and their designees and/or staff will be responsible for setting meting dates and places, developing agendas, and producing and distributing any materials required for meetings. The meetings will be conducted at a mutually agreed upon location. At least two representatives of each Party must be present for an Intergovernmental Committee action to be considered valid. Minutes of meetings shall be taken and reviewed by each party for amendments. The responsibility for taking, transcribing, and distributing minutes shall be decided by the Intergovernmental Committee.

Scope of Issues: Matters brought before the Intergovernmental Committee will be issues of intergovernmental interest to the Tribe and the City and may include, but are not limited to matters such as environmental protection, cultural resources protection, cultural events, fisheries, and habitat restoration. The Intergovernmental Committee will decide based on mutual agreement whether it will address a particular matter.

Decision-Making: Intergovernmental Committee shall have wide flexibility in the manner in which matters before the Intergovernmental Committee are handled. Both Parties agree to attempt to achieve consensus on matters requiring action. The Tribe and the City shall each have one vote on matters concerning the Agreement. The Intergovernmental Committee need not, but may, elect to facilitate its discussions by a qualified and neutral individual who is jointly selected, equally paid by, and agreeable to both Parties.

Technical Subcommittees: The Intergovernmental Committee may elect to delegate specific technical issues to subcommittees for information gathering, study, and/or analysis prior to the Intergovernmental Committee reaching agreement on an issue. The composition, scope, and responsibilities of the subcommittees will be determined by mutual agreement of the Intergovernmental Committee at the time of its decision for the need of such subcommittee.

Dispute Resolution: The Tribe and the City intend that the commitments made in this Agreement should be subject to the establishment of effective and mutually agreed upon dispute resolution methods. In the event of misunderstanding or dispute between the Parties concerning this Agreement, the Intergovernmental Committee shall make a good faith effort to resolve the conflict. If the dispute is not resolved within ninety (90) days, either party may request mediation. Mediation shall be commenced by the Party requesting it and that Party shall notify the other in writing of its request for mediation. The Parties shall mutually agree on the mediator. Mediation shall continue for no more than one hundred twenty (120) days at which point the mediation shall be deemed failed, unless the Parties agree to extend the time or the Parties have reached an agreement and have had such agreement approved by the Parties' governing councils. Each Party shall bear its own costs of mediation.

Amendment Procedures: The provisions of this Agreement may be amended by mutual written agreement of the Parties duly executed by the lawfully authorized officers or officials of each Party.

Notices: All notices given pursuant to this Agreement shall be by first class mail, postage prepaid, to the following:

For the City of Seattle: For the Suquamish Tribe: ________________________ ________________________ Mayor Gregory Nickels Bennie Armstrong, Chairman City of Seattle P.O. Box 498, 600 Fourth Avenue 15838 Sandy Hook Road Seattle, WA 98124 Suquamish, Washington 98392