Practice Area:

Contracts & Agreements

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The attorneys at Brad S. Jolly & Associates have obtained extensive experience in dealing with contracts and similar agreements on behalf of tribes and tribal entities. We have drafted and negotiated numerous contracts on behalf of our clients, from the simple to the complex. Some of the contract-related services we have provided are:

• Reviewing, drafting, and negotiating employment agreements for tribal employees
• Reviewing, drafting, and negotiating independent contractor and consultant agreements on behalf of tribes
• Reviewing, drafting, and negotiating contracts for the purchase and sale of goods, from sand and gravel to slot machines
• Drafting standardized and form contracts for use by tribes in contracting for goods and services
• Reviewing, drafting, and negotiating leases for residential, commercial, and agricultural use as well as leasehold mortgages
• Reviewing, negotiating, and preparing addenda to agreements on behalf of tribes with banks for tribal bank accounts and investment services
• Negotiating and preparing agreements with entities from other tribes for the provision of services by that entity to our tribal client
• Negotiating and preparing commercial agreements on behalf of tribal economic enterprises
• Reviewing, negotiating, and preparing architect, engineering, and construction contracts for tribal governmental buildings, health clinics, schools, gaming operations, convenience stores, tribal museums and cultural centers, trading posts, and other structures
• Reviewing, negotiating, and preparing contracts which involve the use of grants and other funds from federal agencies, such as Indian Health Service ("IHS") and the Army Corps of Engineers ("ACE") as well as 638 contract monies to ensure compliance with any and all federal requirements tied to the funding
• Financing of land transactions, including loans secured by leases or subleases, or revenues generated by the land
• Drafting and negotiating licenses for land use as alternatives to leases and rights of way

Our attorneys are familiar with federal regulations applicable to leasing of trust and restricted land and laws related to contracting when federal funds are involved. In our representation of Indian tribes and their subdivisions, we always focus on the protection of tribal sovereignty, self-government, and self-determination as fundamental principles. For example, we have devised methods of avoiding waivers of sovereign immunity when the other party insists on a guarantee of recovery by utilizing alternative means of resolution or payment which protect the tribe while still satisfying the other party's fears, even if unjustified. We approach every contract on behalf of a tribe by not only carefully scrutinizing the contract's terms to ensure the greatest degree of legal protection for our client in general, but also from the view of bolstering and protecting tribal sovereignty, no matter the subject matter of the transaction. In all of our contract drafting and negotiation, it is our first principle that the tribe is a government and the agreement must be approached and drafted accordingly - a contract with a tribe is a government contract and should be treated as such. As a result, we consistently ensure that every contract we draft or review includes all of the necessary terms and provisions that both protect and recognize tribal sovereignty and enhance tribal self-government.

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Agua Caliente Band of Cahuilla Indians v. Superior Court, Cal. S.Ct. (Dec. 21, 2006)

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