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Home My WebLink AboutResolution No. 2025-36WHEREAS, the City of Kenai and the Kenaitze Indian Tribe collaborate on multiple projects and initiatives that benefit the greater Kenai• and, WHEREAS, both the City and the Tribe have resources, knowledge, and professional expertise that can support efforts in areas of mutual concern such as community development, education, cultural preservation, environmental protection, and economic growth; and, ' * r � • 4' • r '; # r, � � • � t r; .� r "; • �' � ,.� t .� w r • '., e. r, w r •. communityWHEREAS, the City Council recognizes the value of formalizing a government -to -government relationship that encourages mutual respect, continued partnership, and shared goals that serve the Kenai • Section ai the City Councilapproves Memorandum of •e • ng between Ken,?,iand the Kenaitze Indian♦ w Section 2. That the Mayor is authorized to execute the Memorandum of Understanding. Section 3. That this Resolution takes effect immediately upon passage. rian Gabriel Sr., Mayor ATTEST: e it gar), C, City Clark TO: Mayor Gabriel and Council Members FROM: Phil Daniel, Council Member DATE: May 22, 2025 SUBJECT. Resolution 2025-36 - Approving A ffiernorandurn Of �D#nderstanding Between The City Of Kenai And The Kenaitze Indian Tribe To Recognize Areas Of Mutual Concern And Support, Establish A Framework For Cooperative Relationships, And Promote Govern ment-To-Govern ment Communication For The Benefit Of The Community Of Kenai As A Whole. The City and the Kenaitze Indian Tribe have worked collaboratively on multiple projects in the coordination. The proposed Memorandum of Understanding (MOU) offers a valuable way to acknowledge and strengthen this ongoing relationship and provide structure to support future cooperation for the benefit of our shared community. 'My, 11 0 development, cultural and historic preservation, economic development, environment-1 protection, and public service coordination. It also provides a process for identifying a) of liaison officers for each organization. capacity, and to consid ' er project -specific agreements when appropriate. It supports flexibility a• transparency while respecting the internal processes of both organizations. The Kenaitze Indian Tribe's Tribal Council reviewed and approved the MOU on May 21, 2025. Entering into this MOU reflects a shared commitment to working together in a spirit of mutu res ect with a focus on outcomes that serve the communito as a whole—honorin ast working together toward a stronger future for all who live in and around Kenai. I recommend approval of the MOU and look forward to the opportunities it creates for collaborati and shared success. I On"MITIVI [ORIVIK10 ITIMEW Both the City and the Tribe have an interest in the establishment of cooperative relationships that meet the needs of both the City and Tribe's governments. The City, in managing municipal affairs, has information and resources beneficial to the Tribe. The Tribe, in managing tribal affairs, has information and resources beneficial to the City. It is the desire of both parties to cooperate concerning the legal and political matters n erent in a government -to -government relationship. GERM= Make Tribal resources and professional expertise available for the furtherance of cooperative relationships envisioned by this MOU, subject to applicable tribal and federal laws and regulations, as well as the approval of the Kenaitze I it d i a —nT r i k i I Memorandum of Understanding Page 1 of 4 Z Cooperate in the planning, implementation, and monitoring of project work undertaken pursuant to (1) this MOU and any cooperative relationships approved pursuant to this MOU. Assign a Tribal liaison officer who shall be responsible for facilitati cooperation between the City and the Tribe, and who shall be the City's prima point of contact for matters concerning this MOU and cooperative relationshii envisioned by this MOU. I F'O 0 0 0 1 �W` "� Make Municipal resources, and professional expertise available for the furtherance of cooperative relationships envisioned by this MOU, subject to the applicable municipal, state and federal laws, as well as the approval of the Kenai City Council. 2. Cooperate in the planning, implementation and monitoring of project woQJ undertaken pursuant to (1) this MOU and any cooperative relationshi approved pursuant to this MOU. I Assign a Municipal liaison officer who shall be responsible for facilitating cooperation between the City and the Tribe, and who shall be the City's primary point of contact for matters concerning this MOU and cooperative relationships envisioned by this MOU. 1101010,13 The parties will collaborate to identify, apply for and administer fundin# opportunities for projects undertaken pursuant and supplemental to this MOU. 2. The parties will meet at least annually to develop, evaluate, and approvM- proposals for cooperative relationships. Cooperative relationships will furth the purposes of this MOU as set out in Article 1, and may address areas mutual, concern and support including but not limited to the following: a. Zoning and development of areas important to the respective governments; Protection of the environment and customary and traditional hunting, fishing, and gathering; • iasm' .."� 3. Following approval of a proposed cooperative relationship, the parties will execute a memorandum of understanding or similar instrument fully defining their respective rights, responsibilities, and obligations with regards to thq cooperative relationship. If any such instrument conflicts with any terms of this MOU, including but not limited to Section C.3 of this Article 11, the terms of the, iistLwvient will control. Foi. This MOU in no way restricts the parties from participating in agreements or projects with other public and private agencies, organizations, and individuals, or from accepting contributions and donations for other similar agreements or projects. 5. Nothing in this MOU shall obligate either the City or the Tribe to expend funds in excess of appropriations authorized by law and administratively allocated by the respective governments. Any expenditures of funds will be subject to the approval of the Kenaitze Indian Tribal Council and Kenai City Council as sel out in Sections A. 1 and B.1 of this Article 11, 6. The City and Tribe will each be responsible for all losses or liabilities arisi from their own acts arising from or related to this MOU, and the results there, except to the extent such losses or liabilities are caused by the other part 11 y negligence or willful misconduct. The duration of this MOU is perpetual, until and unless revised or terminated pursuant t# the terms of this MOU. This MOU may be revised by mutual consent of both parties by issuance of a written amendment, signed and dated by the proper representative of each party. M=41 ms#� =M 1138M�� Memorandum of Understanding Page 3 of 4 partnership, franchise, agency, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. Each party will keep confidential all proprietary information and materials designated as such by the other party or that should be reasonably understood as confidential, except as required by law. The parties agree to make good faith efforts to reach informal resolution of any dispute under this MOU. If a dispute should arise over the terms of this MOU that the parties are unable to resolve between themselves, the representatives of the parties will meet in a formal discussion session to attempt to resolve the dispute. The Kenaitze Indian Tribe is a federally recognized Indian Tribe, and as such, possesses sovereign immunity from suit. By entering into this MOU, the Tribe does not intend to waive its sovereign immunity and does not do so, Nothing in this MOU will be construed as a waiver of the sovereign immunity of the Tribe, or that of its Council members, officials, employees, or agents. In witness of whereof, the City and the Tribe have executed this MOU as of the last written date below. FOR THE KENAITZE INDIAN TRIBE Bernadine Atchison Tribal Council Chairperson MM Brian Gabriel, Sr. Mayor City of Kenai I Memorandum of Understanding Page 4 of 4