§ 714 Procurements by Subordinate Organizations
A. No employee of the Tribe’s subordinate organizations shall be delegated procurement authority or the power to execute any contract except in accordance with this Section.
B. For purposes of this Section, a contract or procurement includes an expenditure of any kind by the subordinate organization, including but not limited to leases, purchases of supplies or materials, or contracts for services.
C. Any contract or procurement, including a purchase order that is made by or on behalf of the subordinate organization with a value greater than $5,000 shall be in writing.
D. The General Counsel of the Tribe shall review and approve as to form any contract:
1. With a total value greater than $5,000; or
2. Which contains an indemnity provision, an obligation for the Tribe to assume the costs of defending another party, or a provision stipulating to the entry of damages against the Tribe.
E. For purposes of this Section, the total value of any subordinate organization contract shall include all payments made, or to be made, pursuant to the contract throughout its term, including during any automatic or other renewal period.
F. The Tribe’s sovereign immunity shall not be waived except by an ordinance enacted by the Tribal Council in accordance with the laws of the Tribe. Approval of any contract which contains a waiver of sovereign immunity is exclusively reserved to the Tribal Council.
G. Procurement authority vested in a subordinate organization shall be as stipulated within the organizing document of such organization.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
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