Common use of INTERGOVERNMENTAL SERVICES AGREEMENTS Clause in Contracts

INTERGOVERNMENTAL SERVICES AGREEMENTS. 7.10.1 The Agreement shall not come into effect until the first intergovernmental services agreement, negotiated by government and the Dogrib Treaty 11 Council and as submitted by the chief negotiators to their principals during the ratification process, has been signed. 7.10.2 The first intergovernmental services agreement referred to in 7.10.1 and any subsequent agreement shall, where practicable, provide for the delivery of a type of program or service to all persons on Tåîchô lands or in a Tåîchô community by a single mechanism. 7.10.3 The primary objective of an intergovernmental services agreement is (a) to provide for the management, administration and delivery of health, education, welfare, family or other social programs and services to persons other than Tåîchô Citizens on Tåîchô lands or in a Tåîchô community and to Tåîchô Citizens; and (b) to be the instrument through which government and the Tåîchô Government exercise their authorities over these types of programs and services and assume responsibility and accountability for their delivery, in a manner that respects and promotes the Tåîchô language and the culture and way of life of the Tåîchô First Nation. 7.10.4 An intergovernmental services agreement may include a description of the principal elements of any legislation or Tåîchô laws governing the types of programs and services covered by it and shall include (a) a description of the manner in which Tåîchô language and the culture and way of life of the Tåîchô First Nation will be respected and promoted; (b) a description of the manner in which the programs and services will be delivered, including any role to be played by government, by the Tåîchô Government, by any institution of government, including, for greater certainty, a Tåîchô community government, by any institution of the Tåîchô Government or by any joint institution; (c) provisions implementing the principle that persons affected by an intergovernmental services agreement should have an opportunity to participate in the decision making process with respect to the management and delivery of the programs and services covered by it, provided that, in the case of programs and services delivered by an institution of government or of the Tåîchô Government or by a joint institution of both, this principle shall be implemented by providing an appropriate opportunity for those persons to be represented on that institution; (d) provisions for the resolution of disputes; and (e) provisions for its periodic review, a process for its amendment and a process, including appropriate notice periods, for its renewal or replacement. 7.10.5 The first intergovernmental services agreement shall be in effect for a period of 10 years from the effective date, unless another time period is set out in that agreement and may, upon its expiration, be renewed or replaced by another intergovernmental services agreement on all or any of the types of programs and services covered by the first agreement. 7.10.6 Unless the Parties otherwise agree, at least two years prior to the expiration date of an intergovernmental services agreement, the Parties shall give notice to each other as to whether they wish to negotiate a renewal or replacement agreement. 7.10.7 During the negotiation of an intergovernmental services agreement after the first one, the Parties shall review the financing agreement referred to in 7.11 to determine whether any amendments are required to the financing agreement in relation to financing in support of the intergovernmental services agreement. 7.10.8 Intergovernmental services agreements shall not form part of the Agreement. 7.10.9 An intergovernmental services agreement shall bind the Tåîchô Government, the Government of the Northwest Territories and the Government of Canada as parties. 7.10.10 Where government provides a health, education, welfare, family or other social program or service in the Northwest Territories, it shall provide the program or service (a) to Tåîchô Citizens in a community in the Northwest Territories at a level comparable to that at which it is provided to all persons resident in that community; and (b) in each Tåîchô community at a level comparable to that at which it is provided in a similar community in the Northwest Territories. 7.10.11 In the absence of an intergovernmental services agreement in relation to any health, education, welfare, family or other social program or service provided to the residents of the Northwest Territories, the Parties shall exercise their powers, to the extent practicable, so as to (a) minimize duplication and other inefficiencies in the delivery of such a program or service; and (b) take advantage of opportunities for administrative harmonization and sharing of facilities in the delivery of such a program or service.