Appendix 1 PROTOCOL AGREEMENT SHARING PROSPERITY THROUGH RECONCILIATION This Agreement effective this ____ day of _________, 2019 (the “Effective Date”). Between: Saskatoon Tribal Council as represented by the Chiefs of the Seven (7) Member First Nations Kinistin Saulteaux Nation Mistawasis Nêhiyawak Muskeg Lake Cree Nation Muskoday First Nation One Arrow First Nation Whitecap Dakota First Nation Yellow Quill First Nation (collectively the “STC”) and The City of Saskatoon, a municipal corporation pursuant to the provisions of The Cities Act, S.S. 2002, c. C-11.1 (the “City”) Background Whereas the Parties herein acknowledge that they share a common interest of improving the quality of life for all the people that reside in the Greater Saskatoon Area; And Whereas all First Nations peoples can rest in the knowledge that the Parties will work together, collaboratively, to develop programs and initiatives that ensure that all peoples of Saskatoon receive the same measure of human rights and social equity; And Whereas the City respects the Aboriginal and Treaty rights of the First Nations comprising the STC; And Whereas Section 35 of the Constitution Act, 1982, states that the “existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized Page 2 and affirmed” and that the “aboriginal peoples of Canada” include the Indian, Inuit and Metis peoples; And Whereas the Parties support the Principles set out in the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”), as well as the Calls to Action of the Truth and Reconciliation Commission (“TRC”), consistent with the Canadian Constitution and Saskatchewan law; And Whereas the Parties wish to establish the means to convene to discuss and to resolve issues of common interest through this Agreement; And Whereas these discussions are intended to lead to actions to improve socio- economic outcomes for members of the First Nations of the STC, now and in the future; Now therefore the Parties agree as follows: Points of Contact 1. The Parties shall establish designated points of contact for the City and STC at the senior political and management levels whose task shall be the advancement of social equity and Truth and Reconciliation initiatives. 2. The expectation of the Parties is that the designated points of contact shall work towards establishing a framework for advancing the progress of the on-going and proposed Truth and Reconciliation Calls to Action, a copy of which are attached to this Agreement as Schedule “A”. 3. The expectation of the Parties is that the designated points of contact shall establish working groups that will select priority areas and joint courses of action that will lead to identifying how the resources of the Parties for this area may be shared so as to improve the quality of life for First Nations people living and working in Saskatoon. Foundational Principles 4. The Parties acknowledge and agree that the foundational principles that shall apply to this Agreement include the following: (a) that the Parties shall make their best efforts to achieve joint courses of action, and acknowledge that this will require them to contribute to an atmosphere of mutual recognition, respect and openness; (b) that each Party shall take responsibility for success in achieving a productive working relationship; Page 3 (c) that achieving success requires each of the Parties to recognize and respect that the other Party may have positions with which it cannot agree, but nonetheless also recognizes and respects that the other Party considers its position to be valid. Where acceptance of the other Party's positions is not possible, each Party recognizes and respects that success will require it to do as much as possible to find creative accommodation of the other Party's position; and (d) this Agreement is intended to state general principles and to record the intentions of the Parties. It is not intended to create any legal rights or responsibilities, or legally binding obligations, such as contractual obligations, of the Parties. Meeting Protocol 5. The Parties acknowledge and agree that any meeting shall proceed as follows: (a) that for any meeting, each Party may propose for discussion any matters which it considers to be useful in reaching the objectives of this Agreement. When either Party requires a matter to be addressed, the matter will be included on the agenda of the meeting. Each Party acknowledges it has the responsibility to suggest specific proposals for resolving issues, and neither Party will expect the other to be solely responsible for making such proposals; (b) that chairing of meetings shall alternate between the Parties. At the agreement of both Parties, a neutral chair acceptable to both Parties may be invited to chair one or more meetings; (c) that each Party may maintain its own minutes of meetings. Neither Party shall record meetings electronically. Where agreement has been reached, a written record of the decision will be made; and (d) that the Parties intend to make their planned public communications with respect to Agreement meetings available to each other for comment prior to public release. Where possible, the Parties intend to cooperate, and issue joint communications. The Parties understand that this does not preclude either Party from issuing communications as it sees fit. Decision-Making 6. The Parties acknowledge and agree that the decisions to be made shall depend on the following: Page 4 (a) that the ability of each Party to participate in discussions shall depend upon the availability of the resources to do so and that success in reaching the objectives of this Agreement depend upon the Parties having access to resources; (b) that each Party, if possible, agrees to create its own database of information and expertise, and make that information available to the other Party insofar as permitted by applicable information, and privacy law. The Parties shall work together towards an information sharing agreement; and (c) that the Parties shall work together, collaboratively, to develop and deliver training, employment and educational programs, and initiatives that will benefit First Nations peoples. Initiatives and Work Plan 7. The Parties acknowledge and agree that this Agreement does not commit either Party to new initiatives or programs. The expectation is that the Parties shall advance this Agreement using their current resources and internal staffs and review and perhaps direct current budget items to different areas; however, the Parties may agree to a new project or initiative, and as set out in Section 10, and promote this project or initiative once the necessary resources are identified and agreed to. 8. With respect to the meeting of the designated points of contact, it is the expectation of the Parties that the senior political leaders shall meet at least once per year to address areas of mutual interest, and with respect to senior management levels they may meet as required and may delegate tasks to other officials for specific projects or initiatives. 9. Ultimately, it is the expectation of the Parties that an annual work plan shall be developed to guide and identify projects and initiatives that the Parties wish to pursue and the work plan will include a summary of the following: resources available, desired outcomes and timelines. 10. For any project or initiative that requires a direct contribution, the Parties shall, in advance of any announcement of the same, confirm that the required budget is available, and if this cannot be established due to limited resources then the project or initiative will not proceed. Page 5 Annual Review and Termination 11. The Parties acknowledge and agree that they shall annually report on the progress achieved through this Agreement. 12. Either Party may terminate this Agreement, upon providing the other with six (6) months’ notice of its intention to do so, and further, the Parties agree to review and either renew, amend or cancel this Agreement in five (5) years from the Effective Date. Implementation 13. The Parties agree to do, take, execute, acknowledge if required and deliver such further and additional acts, actions, documents, instruments or writings not specifically referred to herein as may be necessary, required, proper, desirable or convenient for the purpose of fulfilling the spirit and intent of this Agreement. Capacity 14. The Parties warrant and represent to each that the Parties that have signed this Agreement are authorized to enter into this Agreement and the transactions contemplated hereby and that the execution and performance of this Agreement and the provisions hereof do not and shall not constitute any breach of or default under or with respect to any other agreement, indenture, undertaking or obligation by which such Party or any of its assets are bound. Amendments 15. This Agreement shall not be amended, modified, supplemented or altered except by a written instrument executed by the Parties sought to be bound by such amendment, modification, supplement or alteration. Counterparts 16. This Agreement may be executed in multiple facsimile or original counterparts, each of which shall be deemed, construed and considered to be an original, but all of which shall constitute one and the same instrument. Page 6 Invalidity of Provisions 17. Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any provisions by a court of competent jurisdiction shall