Council of the Cherokee Nation - File #: 23-047

• File #: 23-047
• Version: 1
• Name: N/A
• Type: Resolution
• Status: Passed
• File created: 8/17/2023
• In control: TRIBAL COUNCIL
• On agenda: 8/31/2023
• Final action: 9/14/2023
• Enactment date: 9/11/2023
• Enactment #: R-030-23
• Title: A RESOLUTION AMENDING RESOLUTION NO. R-13-23 APPROVING A LETTER OF CREDIT AGREEMENT AND GRANTING A LIMITED CONSENT TO BE SUED
• Sponsors: Mike Shambaugh, Dora Patzkowski, Victoria Vazquez, Joe Deere, Danny Callison, E. O. "JR." Smith, Daryl Legg, Joshua Sam, Candessa Tehee, Johnny Kidwell
• Indexes: Letter of Credit
• Code sections: N/A - Not Applicable
• Related files: 23-022

Date	Ver.	Action By	Action	Result
9/14/2023	1	OFFICE OF THE CHIEF	Signed
9/11/2023	1	TRIBAL COUNCIL	Approved	Pass
8/31/2023	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
A RESOLUTION AMENDING RESOLUTION NO. R-13-23 APPROVING A LETTER OF CREDIT AGREEMENT AND GRANTING A LIMITED CONSENT TO BE SUED
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;

WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America;

WHEREAS, the Nation enjoys governmental immunity from suit under federal, state, and tribal law;

WHEREAS, the Nation has inherent sovereign authority, as evidenced by the Constitution and tribal law, to enter into contractual agreements providing for waivers, pledges, and consent to suit; and

WHEREAS, Resolution Nos. 11-23 and 13-23, previously approved by the Tribal Council and the Principal Chief, authorized Cherokee Nation Risk Management to obtain through the Financial Resources office, a LOC for the risk and insurance program for the new Hospital construction project;

WHEREAS, the Financial Resources office previously determined that it is advantageous for the Nation to utilize JP Morgan Chase Bank, N.A., for purposes of the LOC and has negotiated terms for an Application and Agreement for Irrevocable Standby Letter of Credit, as amended by Exhibit A thereto ("Agreement") that includes a consent to nonexclusive jurisdiction and a limited consent to be sued which must be approved by the Cherokee Nation Tribal Council.

BE IT RESOLVED BY THE CHEROKEE NATION, that the Council recognizes that the remedy available as a result of a consent to be sued must be carefully and strictly defined, and therefore desires to establish herein the provisions that must be expressly set forth in the Agreement.

BE IT FURTHER RESOLVED that for the sole purpose of allowing the enforcement of the Agreement, and only for the time period set forth therein, the Cherokee Nation agrees to grant a limited consent to be sued and w...