Title
A RESOLUTION EXPRESSLY AGREEING TO CHOICE OF LAW AND VENUE AND AUTHORIZING A WAIVER OF SOVEREIGN IMMUNITY OF THE CHEROKEE NATION IN CONNECTION WITH A SOFTWARE AGREEMENT WITH MUNICIPAL ACCOUNTING SYSTEMS, INC.
Body
WHEREAS, the Cherokee Nation (“Nation”) since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;
WHEREAS, the 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 and state law;
WHEREAS, the Nation has through inherent sovereign authority and by constitution and tribal law, the authority to enter into contractual agreements and execute such waivers, pledges, etc. necessary for such agreements;
WHEREAS, waivers of sovereign immunity must be approved the Cherokee Nation Tribal Council;
WHEREAS, the Tsunadeloquasdi Cherokee Immersion Charter School (“Charter School”) is owned and operated by the Cherokee Nation;
WHEREAS, the Charter School must report certain financial information to the State of Oklahoma in the required Oklahoma Cost Accounting System (“OCAS”);
WHEREAS, the Charter School wishes to enter into a contractual agreement with Municipal Accounting Systems, Inc. for certain computer software that will transmit the necessary financial information to the OCAS;
WHEREAS, the Principal Chief and/or his designee has determined that it would be fiscally advantageous to contract with Municipal Accounting Systems, Inc. and has negotiated the terms of the Software Services Order Agreement and Privacy Policy and Terms of Service, which include both choice of law and venue provisions, along with a waiver of the Nation’s sovereign immunity.
BE IT RESOLVED BY THE CHEROKEE NATION, that the Principal Chief and/or his designee is hereby authorized and directed to execute all documents relating to the choice of law, venue and ...
Click here for full text