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Backup Documents 12/12/2017 Item #16H1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 H 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 12/12/17 • 4. BCC Office Board of County Commissioners y /5f \7— A`c\ 5. Minutes and Records Clerk of Court's Office 'aH :02.S., PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Scott Teach,Deputy Co ty Attorney Contact Information 239-252-8440 Contact/ Department Agenda Date Item was December 12,2017 Agenda Item Number 16H1 Approved by the BCC Type of Document Resolution adopting a Number of Original Original Resolution Attached Government-to-Government Tribal Documents Attached Communication Policy Pertaining to Tribal Governments located in Collier County. Florida (9-011---c214 PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicablet; hehever is Yes N/A(Not appropriate. / (Initial) Applicable) 1. Does the document require the chairman's original signs a STAMP OK SRT 2. Does the document need to be sent to another agency for aditional signatures? If yes, ,$RT W/� ' provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. �V ti!'°R 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 12/12/2017 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the F BCC,all changes directed by the BCC have been made,and the document is ready for the (� Chairman's signature. 16H1 MEMORANDUM Date: December 14, 2017 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2017-241 Attached is a copy of the document referenced above, (Item #16H1) approved by the Board of County Commissioners on Tuesday, December 12, 2017. The original agreement has been kept by the Minutes and Records Department as part of the Board's Official Record. If I can be of any further assistance, please feel to call me at 252-8411. Thank you. Attachment RESOLUTION NO.2017- 2 41 A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA ADOPTING A GOVERNMENT-TO-GOVERNMENT TRIBAL COMMUNICATION POLICY PERTAINING TO TRIBAL GOVERNMENTS LOCATED IN COLLIER COUNTY, FLORIDA WHEREAS, on June 9, 2017, the Collier MPO adopted a Tribal Government-to- Government Public Involvement Policy to promote and encourage communication and collaboration with two federally recognized and a third established Tribal Government located within Collier County, Florida; and WHEREAS,the Board of County Commissioners of Collier County, Florida(the "Board") believes there is a benefit to adopting a similar proactive policy that memorializes the means of communication, consultation and collaboration between the Board and those Tribal Governments when the Board engages in processes or projects that may affect Tribal governments, Tribal programs and Tribal citizens; and WHEREAS, the Government-to-Government Public Tribal Communication Policy attached hereto as Exhibit "A," sets forth the purpose, goals, core principles and the application of the consultation policy in furtherance of establishing steadfast relations with the County's Tribal Governments and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The Collier County Board of Commissioners adopts the Government-to-Government Tribal Communication Policy attached hereto as Exhibit"A." 2. The Government-to-Government Tribal Communication Policy shall take effect upon adoption by the Board. This Resolution PASSED and duly adopted by the Collier County Board of Commissioners after majority vote on this 12u'day of December,2017. ATTEST:. , . BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROOK,CLERK COLLIER COUNTY,FLORIDA .,I By: `ties asi 6' 'airman's PENNY TA R, CHA signature only. Approv d a to and legality: Item# 4µ Agenda 11112:1,4_. colt R. eac1( Date Deputy County Attorney Date Recd HitiI 1 , 1 :/ Deputy Clerk Exhibit"A" 1 6 H 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS' GOVERNMENT TO GOVERNMENT TRIBAL COMMUNICATION POLICY I. Purpose: To promote, initiate and maintain a positive working relationship between the Collier County Board of County Commissioners ("BCC") and Tribal governments through effective collaboration and communication between the BCC and Tribes. II. Goals of Tribal Consultation: • To create durable relationships between the Tribes and the BCC based on a mutual respect that promotes service to all the County's citizens. • For the BCC to take a proactive approach to consultation by ensuring Tribal participation in BCC processes that may affect Tribal governments,Tribal programs and Tribal citizens. III. Definitions Collaboration: —Indicates a process in which two or more parties work together to achieve a common set of goals. Collaboration is the timely communication and joint effort that lays the groundwork for mutually beneficial relationships, including identifying issues and problems, identifying solutions and providing follow-up as needed. Communication: -Refers to verbal, electronic or written exchange of information between the BCC and the Tribe. Generally, posting information on a website or in the newspaper does not constitute consultation. Written correspondence,whether electronic or letter/postal format, should generally be sent to the Tribe Chair with a copy to staff, requesting review and comment on specific plans or projects that will affect a Tribe. While Tribal review may occur concurrently with public review, Tribes are not considered the"public"for purposes of such communication. Consultation— Means that one or more parties confer with other identified parties in accordance with an established process and, prior to taking action(s), considers the views of the other parties and periodically informs them about action(s)taken. Government-to-Government Relations: Refers to an intergovernmental relationship between a federally- recognized Tribe and the BCC during which consultation, meetings, and communications occur between top-level officials of the BCC or its staff and the Tribe. Tribal Sovereignty: Refers to a unique, political relationship between American Indians and the United States government that recognizes that Tribes are sovereign nations with recognized powers of self- government. N. Effected Tribes The two Federally-recognized Tribes with land holdings within or abutting Collier County are: • The Miccosukee Tribe of Indians of Florida, represented by the Business Council, consisting of Chairman,Assistant Chairman,Treasurer, Secretary,and Lawmaker Mailing address: PO Box 440021 Tamiami Station Miami,Fl 33144 Tel: 305-223-8380 2 • The Seminole Tribe of Florida, represented by the Tribal Council comprised of Chairman, Vice Chairman, Big Cypress Councilman, Brighton Councilman, and Hollywood Councilman Mailing address: Attn: Chairman and General Counsel 6300 Stirling Rd Hollywood,FL 33024 Tel: 239-354-5220 x 11402 This policy also extends to The Council of the Original Miccosukee Simanolee Nation Aboriginal Peoples,which has not sought Federal recognition. The Council's contact information is as follows: Bobby C.Billie,One of the Clan Leaders and Spiritual Leader Council of the Original Miccosukee Simanolee Nation Aboriginal Peoples PO Box 1452 Lake Placid,FL 33862 Email: Ancientrees@hotmail.com For FedEx deliveries mail to: Bobby C.Billie 258 Boston Way Lake Placid,FL 33852 V. Core Principles 1. The BCC wishes to establish a Government-to-Government relationship and communication protocol in recognition of the principle of Tribal sovereignty. 2. The BCC recognizes that good faith, mutual respect, and trust are fundamental to meaningful collaboration and communication between governmental entities. 3. Formal communication and consultation will take place between the BCC Chair or Vice Chair and the Tribal Chair or Assistant Vice Chair. Written notification in the form of an email or letter requesting consultation may be initiated by either the Tribal government or the MPO and should include the following information: • Identify the proposed action,program or project requiring consultation;and • Identify the personnel authorized to consult on behalf of the BCC and the Tribe. 4. Informal Communications may occur between BCC staff and designated Tribal staff members on an as-needed basis. The BCC will include designated Tribal staff members or representatives on email distribution lists to receive notifications of all upcoming BCC advisory committee and Board meetings. BCC staff will provide convenient access to meeting agendas and packets for review and be available to answer questions. VI. Application of Tribal Communication Policy 1. The BCC will make a good-faith effort to review all proposed plans, policies, rulemakings, actions or other processes that may affect or impact Tribal resources and determine whether Tribal consultation or collaboration may assist in the process. The BCC will notify Tribal governments and inquire whether Tribal consultation should occur. Tribal Officials have the discretion whether to engage in the consultation process. Consultation will be initiated by formal, written request. 3 1 6 H 1 2. If the BCC does not receive a response from a Tribe requesting a response to a proposed plan, project, process or other matter that may affect or impact a Tribal government, the BCC is encouraged to follow up further with the Tribal government to ascertain its level of interest. If no response is provided, the BCC believes that it is only appropriate to move forward after the following: (a) directly contacting a Tribal government authorized representative to solicit its participation, review and comment after providing sufficient time for the Tribe's review and response; (b) that the direct communication/request for information or comment include a date when the BCC would like the response; and (c) that a minimum of thirty (30) days be provided for the Tribal government to provide for requests for information, or review and comment on draft documents. 3. The BCC recognizes that formal consultation may not be required in all situations or interactions. Tribal staff members and BCC staff may communicate on an as-needed basis. These communications do not negate the authority of the BCC and the Tribes to pursue formal consultation. 4. This policy will not diminish any administrative or legal remedies otherwise available by law to the BCC or the Tribe. This policy shall not be construed to waive the sovereign immunity of any party or create a cause of action for either party for failing to comply with this policy. 5. This policy is a working document and may be revised as needed. The BCC will consult periodically with the Tribes to evaluate its effectiveness and determine the need for revision. 6. The policy shall become effective upon the date adopted by the BCC. 4 to