HomeMy WebLinkAbout05194 - A5194-A5201 COUNTY OF RIVERSIDE INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE RIVERSIDE COUNTY
Indian Gaming Local Community Benefit Committee
Grant of Funds
AGREEMENTS A5194 through A5201
signed by City Manager
DOCUMENT TRACKING
Page: 13
Report: All Active Documents Detail March 22,2006
Condition: Groups=POLICE DEPARTMENT,T, Services=IN PILE,ALL AREF5
Document# Description Approval Date Expiration Date Closed Date
A5194 SB 621 Grant Award Crime Prevention& Eqt (AG12) $190,000 FY2005-06 11/08/2005 06/30/2006
Company Name: Riverside County (IndianGamingCommBen)
Address: , ,
Group: POLICE DEPARTMENT
Service: In File
xRef: POLICE
Ins. Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
CM approved 11/08/2006
Document# Description Approval Date Expiration Date Closed Date
A5195 SB621 Grant Award Police Officers-Casino (AG4) FY 2005-06 11/08/2005 06/30/2006
Company Name: Riverside County (IndianGamingCommBen)
Address:
Contract Amt. Total Paid Balance
Group: POLICE DEPARTMENT $66,676.00 $66,676.00
Service: In File
xRef: POLICE
Ins. Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
CM approved AG4 11/08/2005 $61,808.00
CM approved AG16-05 (additional costs) 11/08/2005 $4,868.00
DOCUMENT TRACKING
Page: 14
Report: All Active Documents Detail March 22,2006
Condition: Groups=POLICE DEPART MEN T, Services=IN FILE,ALL XREFs
Document# Description Approval Date Expiration Date Closed Date
A5196 SB621 Grant Award Drug Prevention Program (AG2) $19,823 FY 2005-06 11/08/2005 06/30/2006
Company Name: Riverside County (IndianGamingCommBen)
Address: , ,
Group: POLICE DEPARTMENT
Service: In File
xRef: POLICE
Ins. Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
CM approved 11/08/2005
Document# Description Approval Date Expiration Date Closed Date
A5197 SB621 Grant Award Salary for PAL Officer (AG42) $51,210 FY 2005-06 11/08/2005 06/30/2006
Company Name: Riverside County (IndianGamingCommBen)
Address:
Contract Amt. Total Paid Balance
Group: POLICE DEPARTMENT $55,478.00 $55,478.00
Service: In File
xRef: POLICE
Ins. Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
CM approved AG42 11/08/2005 $51,210.00
CM approved AG09-05 add'I costs 11/08/2005 $4,268.00
DOCUMENT TRACKING
Page: 15
Report: All Active Documents Detail March 22,2006
Condition: Groups=POLICE DEPARTMENT,Services_IN FILE,ALL nREF>
Document# Description Approval Date Expiration Date Closed Date
A5198 S8621 Grant Award Drug Prevention Officer(AG41) $31,387 FY 2005-06 11/08/2005 06/30/2006
Company Name: Riverside County (indianGamingCommBen)
Address:
Contract Amt. Total Paid Balance
Group: POLICE DEPARTMENT $36,381.00 $36,381.00
Service: In File
xRef: POLICE
Ins. Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
CM approved AG41 11/08/2005 $31,387.00
CM approved AG12-05 add'I costs 11/08/2005 $4,994.00
Document# Description Approval Date Expiration Date Closed Date
A5210 Court Liaison Services-one calendar year$26.00 hr not to exceed$19,200 12/31/2006
Company Name: Michael McCabe
Address:
Contract Amt. Total Paid Balance
Group: POLICE DEPARTMENT $19,200.00 $19,200.00
Service: In In File
xRef: POLICE
Ins. Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
under$25k- CM may auth $19,200.00
returned entire agreement to MLB 0 1/1 1120 06
distrib to Procurement- MLB 01/1 9120 06
" ' " END OF REPORT ` * * * * *
DOCUMENT TRACKING
Page: 1
Report: Detailed Transactions Detail March 22,2006
Condition: Document Number a5199,
Document# Description Approval Date Expiration Date Closed Date
A5199 SB621 Grant Award 50%of 6 firefighters (AG15) $317,540 FY 2005-06 11/08/2005 06/30/2006
Company Name: Riverside County (IndianGamingCommBen)
Address:
Contract Amt. Total Paid Balance
Group: FIRE DEPARTMENT $328,990.00 $328,990.00
Service: In File
xRef: FIRE
Ins.Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
CM approved AG15 $317,540.00
CM approved AG08-05 add'I costs $11,450.00
" * ` * " END OF REPORT '
DOCUMENT TRACKING
Page: 1
Report: Detailed Transactions Detail March 22, 2006
Condition: Document Number a5200,
Document# Description Approval Date Expiration Date Closed Date
A5200 SB621 Grant Award partial funding for fire engine(AG16-05) $48,911 11/08/2005 06/30/2006
Company Name: Riverside County (IndianGamingCommBen)
Address: , ,
Group: FIRE DEPARTMENT
Service: In File
xRef: FIRE
Ins. Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
CM approved (add'I funds to AG40) 11/08/2005
` * ` * * SEND OF REPORT ' " *
DOCUMENT TRACKING
Page: 1
Report: Detailed Transactions Detail March 22, 2006
Condition: Document Number a5201,
Document# Description Approval Date Expiration Date Closed Date
A5201 SB621 Grant Award Repl paramendic vehicle (AG07-05) $150,000 11/08/2005 06/30/2006
Company Name: Riverside County (indianGamingCommBen)
Address: , ,
Group: FIRE DEPARTMENT
Service: In File
xRef: FIRE
Ins. Status: No Certificate on file.
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
CM approved 11/08/2005
" ` * * * END OF REPORT * * * * * *
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? " MYP? ` ITCA
Cathedral City Purchase 50% of Tiller Truck
AG01-05 Fire Dept. with fire equipment $444,063 $27,893 Agua Caliente
Cathedral City Traffic incident personnel and
AG03-05 Police Dept. equipment $1,043,810 $27,893 Agua Caliente
City of Palm Computers for responding
AG06-05 Desert equipment $100,0001 $23,601 Ague Caliente
Palm Springs Increased costs of multi-year
AG08-05 Fire Dept. grantAG15 $362,227 $11,450 Ague Caliente
Palm Springs Increased costs of multi-year
AG09-05 Police Dept. grant AG42 $16,656 $4,268 Agua Caliente
Palm Springs Increased costs of multi-year
AG12-05 Police Dept. grant AG41 $19,491 $4,994 Agua Caliente
Palm Springs Increased costs of multi-year
AG15-05 Police Dept. grant AG4 $19,0001 $4,868 Ague Caliente
AG20-05 Rancho Mirage Sand fencing on Bob Hope Dr. $92,700 $23,752 Agua Caliente
Computers for responding
AG21-05 Rancho Mirage equipment $54,814 $12,946 Agua Caliente
AG22-05 Rancho Mirage Casino enforcement cost $2,743 $703 Agua Caliente
Training and equipment for law
AG23-05 Rancho Mirage enforcement officers $22,900 $5,868 Agua Caliente
County Fire EMS Delivery System
AG26-05 Dept. I Enhancement Project $294,533 $37,727 lAgua Caliente
County District
AG27-05 Attorney Tribal Gaming Prosecution Unit $1,735,878 $26,812 Agua Caliente
Multi-Year Project
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03104 New
Identifier Jurisdiction Project Funding Funding MYP? * MYP? * ITCA
Yes,this is the second
Palm Springs Downtown Experience Office- year of a five year
AG4 Police Dept "Casino Officers" $309,040 $61,808 funding commitment. Agua Caliente
County Yes,this is the second
Sheriffs Hire five deputies and purchase year of a five year
AG33 Department associated equipment $2,503,401 121,951 funding commitment. Agua Caliente
Palm Springs Casino officers crime prevention Yes,this is the second
P year of a five year
AG12 Police Dept &equipment $950,000 $190,000 funding commitment. Ague Caliente
Fund 50% of six(6)firefighter
positions added to address the Yes,this is the second
increased visitors to downtown year of a five year
AG15 Palm Springs Palm Springs $1,587,700 $317,540 funding commitment. Agua Caliente
Designated in FY
03/04 for award in
Replacement of Paramedic 05/06,but not a multi-
AG07-05 Palm Springs squad vehicle $150,000 $150,000 year project. Agua Caliente
Investigation and prosecution of
Yes,this is the second
County District crimes connected to or affecting year of a five year
AG8 Attorney the casinos. $1,567,249 $42,597 funding commitment. Agua Caliente
Palm Springs Yes,this is the second
year of a five year
AG2 I Police Dept JDrug Prevention Program $224,663 $19,823 1 funding commitment. Agua Caliente
* Multi-Year Project
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? ` MYP? ITCA
Salary for a drug prevention officer to
operate drug prevention program aimed
at youth. The program reaches 750 Yes,this is the second
Palm Springs children each month and is offered at no year of a five year
AG41 Police Dept cost. $156,935 $31,387 funding commitment. Agua Caliente
Salary for a Police Activities League
(PAL)officer. PAL would like to offer Yes,this is the second
Palm Springs additional after school and weekend year of a five year
AG42 Police Dept youth programs. $51,210 $51,210 funding commitment. Agua Caliente
Cathedral City Interns, mentors, marketing and
AG02-05 lPolice Dept. recruitment $43,776 $42,822 IAgua Caliente
Desert Hot
Springs Police
AG05-05 Dept. Enhancement of Police K-9 Unit $30,000 $29,346 Agua Caliente
Additional partial funding for
Palm Springs engine partially funded through
AG16-05 Fire Dept. JAG40 $168,279 $48,9111 Agua Caliente
AG19-05 Rancho Mirage Sand fencing on Dinah Shore $188,800 $48,911 Agua Caliente
County
Transportation
AG24-05 Dept. Sand fencing on Dinah Shore $188,800 $59,788 JAgua Caliente
County Fire EMS Delivery System
AG25-05 lDept. Enhancement Project 1 $294,5331 $59,788 Agua Caliente
Agua Caliente Total $1,488,658
Multi-Year Project
i
t �Cs 6 ��7ufS#ji •'I,1 , ,�
India [p ' Gtiy�Bhit" mittee
Committee Members
Roy e Wilson, Chairman September 30, 2005
4 District Supervisor p
Ron Oden, Vice-Chairman
Mayor, Palm Springs
Chief Blake Goetz
Marion Ashley City of Palm Springs Fire Department
5 District Supervisor 300 North El Cielo Road
Barbara Lyons Palm Springs, CA 92262
Ague Caliente Band of
Cahuilla Indians
Ron Roberts Dear Chief Goetz,
Council Member, Temecula
Butch Murphy Enclosed are the SB 621 Indian gaming mitigation grant
PechangaBand agreements (AG15, AG07-05, AG08-05 and AG16-05) between
ofLuiseno Indians your jurisdiction and the Riverside County Indian Gaming Local
Arthur Welch Community Benefit Committee (CBC), for fiscal year 2005/06.
Council Member, Banning The agreements must be signed by the individual authorized to
enter your jurisdiction into a binding agreement. Once the
Alternates agreements are signed, please return the original documents to
my attention (address shown at the bottom of this letter).
Joletta Tsosie
Morongo Band of If additional information/clarification is needed, please don't hesitate
Mission Indians to call me at (951) 955-1115 or write to me at
Jeff Stone JSaraent(cDRCEO.org.
3'1 District Supervisor
Sincerely,
Mike Wilson
Council Member, Indio
Jennifer rgent
Comm
y Benefit Committee Staff
4080 Lemon Street•4th Floor• Riverside, California 92501 •(909) 955-1110• Fax(909)955-1105
f
1
India frart5i11rt' mittee
Committee(Members
Roy Wilson, Chairman September 30, 2005
4m Distrct Supervisor
Ron Oden, Vice-Chairman
Mayor, Palm Springs Chief Gary Jeandron
City of Palm Springs Police Department
Marion Ashley
5�h District Supervisor 200 South Civic Center Drive
Palm Springs, CA 92262
Barbara Lyons
Ague Caliente Band of
Cahuilla Indians
Ron Roberts Dear Chief Jeandron,
Council Member, Temecula Enclosed are the SB 621 Indian gaming mitigation grant
Butch Murphy agreements (AG2, AG4, AG12, AG41, AG42, AG09-05, AG12-05
Pechanga Band and AG15-05) between your jurisdiction and the Riverside County
ofLuiseno Indians Indian Gaming Local Community Benefit Committee (CBC), for
Arthur Welch fiscal year 2005/06.
Council Member, Banning The agreements must be signed by the individual authorized to
enter your jurisdiction into a binding agreement. Once the
Alternates agreements are signed, please return the original documents to
Joletta Tsosie my attention (address shown at the bottom of this letter).
Mo Band of
Missionsion Indians If additional information/clarification is needed, please don't hesitate
to call me at (951) 955-1115 or write to me at
Jeff Stone JSarpentARCEO.orp.
3ro District Supervisor
*Jennifer
cerelI
Mike Wilson ( tom`{�
Council Member, Indio
argent
Community Benefit Committee Staff
4080 Lemon Street•4v'Floor• Riverside, California 92501 • (909)955-1110• Fax(909) 955-1105
AGREEMENT A5194
RIVERSIDE COUNTY
1 INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE(CBC)
2 AGREEMENT
GRANT OF FUNDS—Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Police Department (AG12)
5 The local jurisdiction designated above ("Recipient") is hereby approved for a grant of funds in an
6 amount not to exceed $190,000.00 as sponsored by Agua Caliente Band of Cahuilla Indians and
certified by the Riverside County Indian Gaming Local Community Benefit Committee (`Committee"),
7 pursuant to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attaclnnent A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature 0 Committee: Authorized Signature for Recipient:
19
20 �
Printe am of Person Signing? Printed Name of Person Si
21
22 Title: Title:
23
Chainnan, Community Benefit Committee City Manager
24 Date: Date:
25 gb 0 11/08/05
26
APPROVED BY CRYMANAGER
27
28 City Clerk
�)R1wmG51ti 5V0
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03104 New
Identifier Jurisdiction Project Funding Funding MYP? * MYP? * ITCA
Yes,this is the second
Palm Springs Downtown Experience Office- year of a five year
AG4 Police Dept "Casino Officers" $309,040 $61,808 funding commitment. Agua Caliente
County Yes,this is the second
Sheriffs Hire five deputies and purchase year of a five year
AG33 Department associated equipment $2,503,401 121,951 funding commitment. Agua Caliente
Yes,this is the second
Palm Springs Casino officers crime prevention year of a five year
- AG12 Police Dept &equipment $950,000 $190,000 funding commitment. Agua Caliente
Fund 50% of six(6)firefighter
positions added to address the Yes,this is the second
increased visitors to downtown year of a five year
AG15 Palm Springs Palm Springs $1,587,700 $317,540 funding commitment. Agua Caliente
Designated in FY
03/04 for award in
Replacement of Paramedic 05/06,but not a muiti-
AG07-05 Palm Springs squad vehicle $150,000 $150,000 year Project. Agua Caliente
Investigation and prosecution of
Yes,this is the second
County District crimes connected to or affecting year of a five year
AG8 Attorney the casinos. $1,567,249 $42,597 funding commitment. Agua Callente
Palm Springs Yes,this is the second
year of a five year
AG2 JPolice Dept Drug Prevention Program $224,6631 $19,823 funding commitment. Agua Caliente
* Multi-Year Project
l
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
3
Committee: Recipient:
4
County of Riverside Executive Office City of Palm Springs Police Department
5 Attn: Jennifer Sargent Chief Gary Jeandron
4080 Lemon Street,4v' 200 South Civic Drive
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
11 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program,this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of funds.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1, 2005,to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below)by June 30,2006,however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30a of
19 each year, however,the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
1 5. DEFINITIONS
"Recipient"means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORKMERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and,to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino'Accoum the awarded grant went toward that
10 prohibited use,the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice,in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee,Recipient agrees to fully
18 reimburse any and all fiords received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21 8. FISCAL AUDIT, REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
23 template for the quarterly financial report will be provided to recipient. Quarterly financial
reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
I D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information, communications, and documents given by or to
12 the Committee, and meetings involving Committee members or staff may be subject to applicable law
on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its construction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
is B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Cornrnittee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability,or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
I C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/employer relationship exists between the Claimant and the
9 Committee.
10
13. INDEMNIFICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to, property damage,bodily injury, or death,based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
15 awards, on behalf of the Committee in any claim or action based upon such liability.
16 With respect to any action or claim subject to indemnification herein by Recipient,Recipient shall, at
their sole cost,have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782,this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
r
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless,Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California,the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability(Coverage B) including Occupational Disease with
7 limits not less than$1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable,to provide a Borrowed Servant/Alternate
8 Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage, including but not limited to, premises liability,
11 contractual liability,products and completed operations liability, personal and advertising injury, cross
liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2)times the occurrence limit.
14
15 C. Vehicle Liability:
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement,then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles soused in an amount not less than$1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2)times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions - All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII(A:8)unless such
requirements are waived, in writing,by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance carrier(s)must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed$500,000 per occurrence such
25 deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager,Recipient's carriers shall either; 1)reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2) procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
I 3) Recipient shall cause Recipient's insurance carrier(s)to furnish the County of Riverside with
either 1) a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s)that thirty(30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage,this Agreement
6 shall terminate forthwith, unless the Committee receives, prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attachments as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s),that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s)of
self-insurance acceptable to the Committee.
17
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee,by formal action,may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
r
i 1
2 ATTACHMENT A:
3 SCOPE OF WORKIPERFORMANCE TARGET OUTLINE
4
5 The proposal consists of dedicating two fully trained, uniformed police officers as
"Casino Officers". The police officers will patrol a specified area in and around
6 the downtown Spa Casino on bicycle for general crime suppression. The police
officers will be deployed during peak call hours,generally during the evenings on
7 weekends. The officers assigned to this project will be responsible for all crimes
and calls for service in and about the Spa Casino when they are on duty.
8 The Casino Officers will not only patrol to deter crime, but will work with the Spa
Casino security on crime prevention. It is expected that the officers will assist in
9 coordinating special events at the casino, respond to past crimes and calls for
service and conduct any necessary follow ups.
10 The casino officers will report directly to a sergeant that has the downtown
11 supervision responsibilities. This sergeant will work closely with the casino staff
and provide directions and assignments for the casino officers. A police
commander will be a dedicated liaison with the casino staff, working closely with
12 the casino to develop mutually agreed upon goals and objectives.
13 This proposal mitigates potential crime and related police problems. Highly
visible uniformed bicycle police officers will deter crime occurring in and about
14 the casino. In addition, crime prevention tactics will be implemented reducing the
calls for service, reduction of crime and disorder.
15 The cost for two entry-level police officers including benefits is $180,000 per
16 year. One time equipment costs are$9,184 that includes two police bicycles,lap
top computers for report writing, police radios and related necessary equipment.
Monthly continuing equipment costs are $816 per year. The total cost for this
17 project is$190,000 per year and is a multi-year grant request.
18
19
20
21
22
23
24
25
26
27
28
9
Amend 1 to AGREEMENT A5195
1 RIVERSIDE COUNTY
INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS —Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Police Department(AG15-05)
5 The local jurisdiction designated above ("Recipient") is hereby approved for a grant of funds in an
6 amount not to exceed $4,868.00 as sponsored by Agua Caliente Band of Cahuilla Indians and certified
by the Riverside County Indian Gaining Local Community Benefit Committee ("Committee"), pursuant
7 to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17
IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature for Committee: Authorized Signature for Recipient:
19
20
PriXILSON
N e of erson Signiii . Printed Name of Pers gning:
21
RO
22 Title: Title:
23
Chairman, Community Benefit Committee City Manager
24 Date: �r Date:
25 J 11 08 05
26
APPROVED BY CITY MANACER ATTEST:
27
28
City Clerk
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? * MYP? * ITCA
Cathedral City Purchase 50% of Tiller Truck
AG01-05 Fire Dept. with fire equipment $444,063 $27,893 Agua Caliente
Cathedral City Traffic incident personnel and
AG03-05 Police Dept. equipment $1,043,810 $27,893 Agua Caliente
City of Palm Computers for responding
AG06-05 Desert equipment $100,0001 $23,601 Agua Caliente
Palm Springs Increased costs of multi-year
AG08-05 Fire Dept. grantAG15 $362,227 $11,450 Agua Caliente
Palm Springs Increased costs of multi-year
AG09-05 Police Dept. grant AG42 $16,656 $4,268 Agua Caliente
Palm Springs Increased costs of multi-year
AG12-05 Police Dept. grant AG41 $19,491 $4,994 Agua Caliente
Palm Springs Increased costs of multi-year
__=7 AG15-05 Police Dept. grant AG4 $19,0001 $4,868 Agua Caliente
AG20-05 Rancho Mirage Sand fencing on Bob Hope Dr. $92,700 $23,752 Agua Caliente
Computers for responding
AG21-05 Rancho Mirage equipment $54,814 $12,946 Agua Caliente
AG22-05 Rancho Mirage Casino enforcement cost $2,743 $703 Agua Caliente
Training and equipment for law
AG23-05 Rancho Mirage enforcement officers $22,900 $5,868 Agua Caliente
County Fire EMS Delivery System
AG26-05 De t. Enhancement Project $294,533 $37,727 Agua Caliente
County District
AG27-05 Attorney lTribal Gaming Prosecution Unit $1,735,878 $26,812 Agua Caliente
* Multi-Year Project
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
3
4 Committee: Recipient:
County of Riverside Executive Office City of Palm Springs Police Department
5 Attn: Jennifer Sargent Chief Gary Jeandron
4080 Lemon Street, 4 h 200 South Civic Drive
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
I 1 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program,this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of funds.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1, 2005, to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below)by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30t'of
19 each year, however,the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
1 5. DEFINITIONS
"Recipient"means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORD/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and,to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use,the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, sigmge, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice, in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee,Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21
8. FISCAL AUDIT, REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Connnittee a copy of a quarterly financial report. A
23 template for the quarterly financial report will be provided to recipient. Quarterly financial
reports shall be submitted to the Committee on: October 17,2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
I C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement tern.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/employer relationship exists between the Claimant and the
9 Committee.
10
13. INDEMNIFICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to, property damage, bodily injury, or death, based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
15 awards, on behalf of the Committee in any claim or action based upon such liability.
16 With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at
their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782,this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
5
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California, the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with
7 limits not less than$1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate
g Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage, including but not limited to, premises liability,
11 contractual liability, products and completed operations liability, personal and advertising injury, cross
liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2) times the occurrence limit.
14
C. Vehicle Liability:
15
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement, then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2)times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions - All lines:
20 1) Any insurance carrier providing insurance coverage hereumder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such
requirements are waived, in writing, by Riverside County Risk Manager. If the Cormty's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such
25 deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager, Recipient's carriers shall either; 1) reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2) procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
6
I
3) Recipient shall cause Recipient's insurance carrier(s)to furnish the County of Riverside with
either 1) a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement
6 shall terminate forthwith, unless the Committee receives, prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attachments as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s), that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
17
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee, by formal action, may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
7
I
17. WAIVER AND SEVERABILITY
Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be
2 construed to be a waiver of any subsequent or other breach of the same term of any other term herein.
In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
3 void, or unenforceable, the remaining provisions will nevertheless continue in frill force without being
4 impaired or invalidated in any way.
5 18. OFFICIAL DOCUMENTS
6 Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent
to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the
7 approved project.
8
9 19. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject
10 matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same
11 shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by
the provisions of the section entitled "Alteration and/or amendment' herein.
12
13 20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT
Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf
14 of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any
15 attachments hereto.
16
21. COMPLIANCE WITH LAW
17 Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in
18 force or which may hereafter be in force with regard to this Agreement. The judgment of any court of
competent jurisdiction, or the admission of Recipient in any action against Recipient, whether
19 Committee is a party thereto or not, that Recipient has violated any such ordinance or statute, shall be
conclusive of that fact as between Recipient and Committee.
20
21 22. CONFLICTS IN INTERPRETATION
22 In the event of conflict in interpretation by the parties of the provisions contained in the numbered
sections of this Agreement and the provisions contained in the Attachments hereto, the provisions of
23 the numbered sections of this Agreement shall prevail over those in Attachments hereto.
24
25
26
27
28
8
1
2 ATTACHMENT A:
3 SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
4 In-November of 2003, the Agua Caliente Band of Cahuilla Indians expanded and
5 opened the Spa Casino. The new gaming facility has attracted more tourists into
the casino and surrounding downtown area. The Casino also requires a
6 significantly increased workforce, many of whom will bring their families to our
7 City!and surrounding communities.
The Downtown office is currently staffed with two uniformed police officers,
8 supervised with one experienced police sergeant. Management of the
Downtown Experience Office is the responsibility of a patrol division police
9 commander. The Police Department has experienced a significant increase, in
10 police related activity in the downtown corridor during the past several years.
Clearly the Spa Casino is not the sole contributor to this increase and the Police
11 Department recognizes there are many other variables. The increase simply
demonstrates the need for additional police services. The police department
12 anticipates the need for two additional police officers due to this increased
activity.
13
14 That Police Department requests that the Agua Caliente Tribe designate Special
Distribution Nexus Grant funds for the addition of two additional uniformed police
15 officers. These new officers (casino officers) will be assigned exclusively to
patrol a geographically defined area around the casino to act as deterrence tq
16 crime. The casino officers will be supervised and managed by the Downtown
Experience sergeant and commander adding an additional workload to their'
17 respective positions.
18 The Spa Casino has a clear, direct impact upon the community. The police
19 department desires to participate in the success of the Spa Casino by providing.
for the safety of Casino employees and property, and for the Casino's client
20 base. Although it is not the sole factor in evaluating the increased need for police
21 services in Palm Springs, the growth and success of the Spa Casino has a clear
impact on that need.
22 T:he,°cost for the.two,additional casino officers is $180,800.
23
24
25
26
27
28
9
r AGREEMENT A5195
RIVERSIDE COUNTY 1
INDIAN GAMING LOCAL COMM[_JNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS—Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Police Department(AG4)
5 The local jurisdiction designated above ("Recipient") is hereby approved for ant of funds in an
J � (�� P ) Y pp �
6 amount not to exceed$61,808.00 as sponsored by Agua Caliente Band of Cahuilla Indians and certified
by the Riverside County Indian Gaining Local Community Benefit Committee ("Committee"), pursuant
7 to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature for Committee: Authorized Signature for Recipient:
19
20
Printed am of Person Signing; Printed Name of Person ng:
21
ROY WILSON
22 Title: Title:
23
Chairman, Community Benefit Committee City Manager
24 Date: Date:
25 Q 11/08/05
26
APPROVED B`s°CITY MANAGER ATTEST:
27
28 City Clerk
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? * MYP? * ITCA
Downtown Experience Office- Yes,this is the second
Palm Springs P year of a five year
AG4 Police Dept "Casino Officers" $309,040 $61,808 funding commitment. Agua Caliente
County Yes,this is the second
Sherifrs Hire five deputies and purchase year of a five year
AG33 Department associated equipment $2,503,401 121,951 funding commitment. Agua Caliente
/ Yes,this is the second
Palm Springs Casino officers crime prevention year of a five year
AG12 Police Dept &equipment $950,000 $190,000 funding commitment. Agua Caliente
Fund 50% of six(6)firefighter
positions added to address the Yes,this is the second
increased visitors to downtown year of a five year
AG15 Palm Springs Palm Springs $1,587,700 $317,540 funding commitment. Agua Caliente
Designated in FY
03/04 for award in
Replacement of Paramedic 05/06, but not a multi-
AG07-05 Palm Springs squad vehicle $150,000 $150,000 year project. Agua Caliente
Investigation and prosecution of Yes,this is the second
County District crimes connected to or affecting year of a five year
AG8 Attorney the casinos. $1,567,249 $42,597 funding commitment. Agua Caliente
Palm Springs
Yes,this is the second
year of a five year
AG2 Police Dept Drug Prevention Program $224,663 $19,823 funding commitment. Agua Caliente
* Multi-Year Project
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
3
4 Committee: Recipient:
County of Riverside Executive Office City of Palm Springs Police Department
5 Attn: Jennifer Sargent Chief Gary Jeandron
4080 Lemon Street, 4`I' 200 South Civic Drive
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. Thus grant award ("Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
11 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program,this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of funds.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1, 2005,to and including June 30, 2006, Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below)by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30'i'of
19 each year, however, the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
1 5. DEFINITIONS
"Recipient"means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORD/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and,to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use,the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDP-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice, in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee,Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21 8. FISCAL AUDIT, REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
23 template for the quarterly financial report will be provided to recipient. Quarterly financial
reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
r
1 D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon tennination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information, communications, and documents given by or to
12 the Committee, and meetings involving Committee members or staff may be subject to applicable law
on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its construction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18 B. The provision of the Government Claims Act(Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
1 C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/employer relationship exists between the Claimant and the
9 Committee.
10
13. MDEMNII+ICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to, property damage,bodily injury, or death, based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
15 awards, on behalf of the Committee in any claim or action based upon such liability.
16 With respect to any action or claim subject to indemnification herein by Recipient,Recipient shall, at
their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided,however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782,this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless,Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California,the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability(Coverage B) including Occupational Disease with
7 limits not less than$1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate
8 Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage, including but not limited to, premises liability,
11 contractual liability, products and completed operations liability, personal and advertising injury, cross
liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than$1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit,it shall apply separately to this agreement or
be no less than two (2)times the occurrence limit.
14
15 C. Vehicle Liability:
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement,then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles so used in an amount not less than$1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2)times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions -All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII(A:8)unless such
requirements are waived, in writing,by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance canier(s)must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed$500,000 per occurrence such
25 deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager,Recipient's carriers shall either; 1)reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2) procure a bond
which guarantees payment of losses and related.investigations, claims administration, and defense
28 costs and expenses.
I 3) Recipient shall cause Recipient's insurance carrier(s)to furnish the County of Riverside with
either 1)a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s)that thirty(30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage,this Agreement
6 shall terminate forthwith, unless the Committee receives, prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attachrents as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s), that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
17
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto,and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee,by formal action,may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
� 1
2 ATTACHMENT A:
3 SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
4
5 The Downtown office is currently staffed with three uniformed police officers,two-
uniformed community service civilian employees,one part time clerical police
6 services civilian employee and one experienced police sergeant. Management of the
Downtown Experience Office is the responsibility of a patrol division police
7 commander. The police department anticipates that the Agua Caliente Tribe will
designate Special Distribution Nexus Grant funds for the addition of two uniformed
8 police officers. These new officers(casino officers)will be designated to work in and
around the Spa Casino. These casino officers will be assigned exclusively to patrol a
9 geographically defined area around the casino to act as deterrence to crime. The
casino officers will be supervised and managed by the Downtown Experience
10 sergeant and commander adding an additional workload to their respective positions.
The Downtown Experience personnel will be directed to devote 10%of their time to
11 provide support for the casino officers. For example, staff from the Downtown
Experience will provide back up for the casino officers and assist in transporting
12 prisoners. It is expected that the commander and sergeant will commit 10%of their
time to supervision of the casino officers.
13 Currently the budget for the Downtown Experience Office is approximately
14 $499,231.48. It is requested that 10%of this budget, $49,000,be granted to the
Palm Springs Police Department as part of the Indian Gaming Special Distribution
Fund, Nexus Grant. The Downtown Experience expenses are listed below:
15
16 Personnel Costs: Salary and Benefits
17 1 Commander $ 147,813.00
1 Sergeant $ 117,768.00
3 Police Officers $254,685.00
18 2 Community Service Officers $ 97,821.00
19 Total Cost for Personnel $618,087.00
20
21 10%of Total Cost of Downtown Experience$61,808.00
22
23
24
25
26
27
28
9
AGREEMENT A5196
RIVERSIDE COUNTY 1
1NDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS—Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Police Department (AG2)
5 The local jurisdiction designated above "Reci ienf' is hereby approved for ant of funds in an
J � ( P ) Y PP �
6 amount not to exceed$19,823.00 as sponsored by Agua Caliente Band of Cahuilla Indians and certified
by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), pursuant
7 to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature fo#Committee: Authorized Signature for Recipient:
19
20 r Z_�
Printe am f Person Signin Printed Name of Person Signi
21
22 --- - LSON
Title: Title:
23
Chairman, Communiy Benefit Committee City Manager
24 Date: ID
25 0� 8/05
26 ATTEST:
AP ROVED BY C91 PNAGER
27 28 City Clerk
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? ` MYP? " ITCA
Palm Springs Downtown Experience Office- Yes,this is the second
year of a five year
AG4 Police Dept "Casino Officers" $309,040 $61,808 funding commitment. Agua Caliente
County Yes,this is the second
Sheriffs Hire five deputies and purchase year of a five year
AG33 Department associated equipment $2,503,4011 121,951 funding commitment. JAgua Caliente
Yes,this is the second
Palm Springs Casino officers crime prevention year of a five year
AG12 Police Dept &equipment $950,000 $190,000 funding commitment. Agua Caliente
Fund 50% of six (6)firefighter
positions added to address the Yes,this is the second
increased visitors to downtown year of a five year
AG15 Palm Springs Palm Springs $1,587,700 $317,540 funding commitment. Agua Caliente
Designated in FY
03/04 for award in
Replacement of Paramedic 05/06, but not a muiti-
AG07-05 Palm Springs squad vehicle $150,000 $150,000 year project. Agua Caliente
Investigation and prosecution of Yes,this is the second
County District crimes connected to or affecting year of a five year
AG8 Attorney the casinos. $1,567,249 $42,597 funding commitment. Agua Caliente
-- - - Palm Springs Yes,this is the second
year of a five year
AG2 Police Dept Drug Prevention Program $224,663 $19,823 funding commitment. Agua Caliente
Multi-Year Project
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail,postage prepaid:
3
Committee: Recipient:
4
County of Riverside Executive Office City of Palm Springs Police Department
5 Attn: Jennifer Sargent Chief Gary Jeandron
4080 Lemon Street, 4t' 200 South Civic Drive
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
11 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of funds.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1, 2005, to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below)by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30 thof
19 each year,however,the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
1 5. DEFINITIONS
"Recipient"means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and,to the extent any awarded grant is utilized for any
9 prohibited purpose by any local govermnent, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use,the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice,in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee,Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21 8. FISCAL AUDIT.REPORT AND RECORDS
22 A. Every Recipient of finds shall provide the Committee a copy of a quarterly financial report. A
template for the quarterly financial report will be provided to recipient. Quarterly financial
23 reports shall be submitted to the Committee on: October 17,2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
I
D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information, communications, and documents given by or to
12 the Committee, and meetings involving Committee members or staff may be subject to applicable law
on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its construction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18 B. The provision of the Government Claims Act (Government Code Section 900 et seq.) roust be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a parry elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
I C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/employer relationship exists between the Claimant and the
9 Committee.
10
13. INDEMNIFICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to, property damage,bodily injury, or death,based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
15 awards, on behalf of the Committee in any claim or action based upon such liability.
16 With respect to any action or claim subject to indemnification herein by Recipient,Recipient shall, at
their sole cost,have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782, this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless,Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the tern of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California,the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability(Coverage B) including Occupational Disease with
7 limits not less than$1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate
g Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage, including but not limited to, premises liability,
contractual liability,products and completed operations liability, personal and advertising injury, cross
11 liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2)times the occurrence limit.
14
C. Vehicle Liability:
15
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement, then Recipient shall maintain liability insurance for all owned,non-owned or hired
17 vehicles so used in an amount not less than$1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2)times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions -All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be adrnitted to the
21 State of California and have an A M BEST rating of not less than A: VIII(A:8)unless such
requirements are waived, in writing, by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance carrier(s)must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such
25 deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager,Recipient's carriers shall either; 1)reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2)procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
1 3) Recipient shall cause Recipient's insurance carrier(s)to furnish the County of Riverside with
either 1)a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing
by the County Risk Manager,provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s) that thirty(30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement
6 shall terminate forthwith, unless the Committee receives,prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attachments as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s),that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
17
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee,by formal action, may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
i
2 ATTACHMENT A:
3 SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
4
The Palm Springs Police Drug Prevention Program has fulfilled its mission as a non-
5 profit community improvement program for over fifteen years. Formerly known as
DARE, the course currently reaches approximately 750 children each month, and is
6 offered at no cost to all participants. The curriculum consists of a 17-week life skills
class. Along with resistance to substance abuse, the program includes classes on .
7 "stranger danger", firearms safety and similar topics. Each year the Drug Prevention
Officer presents the curriculum to Grades 4 through 6 at four public schools and at three
8 private schools in the City of Palm Springs. Many of the students are under privileged,
at-risk children.
9 The Drug Prevention Officer also spends many hours assigned to youth projects outside
the school environment. Those assignments include working with the local media to
10 educate the public and gain support for the program, making presentations to
community service organizations and at safety and health fairs, attending community
11 celebrations, and acting as chaperone for groups of students on field trips and other
events. During the holiday season,the Drug Prevention Officer raises money,toys, and
12 food contributions for less fortunate kids in and around our city through "Operation
Santa Claus."
13 The Palm Springs Police Drug Prevention Program is currently staffed with one full-time
civilian Drug Prevention Officer. The Drug Prevention Officer relies on off-duty police
14 department volunteers and community volunteers to assist with program managements,
events and travel. The Drug Prevention Officer and programs operate under the
15 supervision of one experienced police sergeant. The Administrative Services Division
Commander provides oversight of the entire Drug Prevention Program.
16 The Drug Prevention Program headquarters resides at the Boys and Girls Club of Palm
Springs, providing our community's youth the opportunity to become involved in a wide
17 array of activities. The Drug Prevention Program recently welcomed the involvement of
the Agua Caliente Family Services Tribal Youth Program in a joint effort to educate the
18 future leaders of our community in substance abuse resistance and life skills.
19 As the employee workforce of the Spa Casino grows, more children from their families
will attend classes in the Palm Springs Unified School District. The increase in students
20 demonstrates the need for additional services, both during and after school. The Drug
Prevention Program will meet their needs by providing necessary substance abuse and
21 life coping skills education.
The Drug Prevention Program will help children from becoming victims of crime by
22 providing them with information that will teach them to avoid situations that would place
them in harm's way. The Palm Springs Police Department Drug Prevention Program is
23 the only program in the Palm Springs Unified School District that offers such education.
24
25
26
27
28
9
� a
Amend 1 to AGREEMENT A5197
RIVERSIDE COUNTY
INDIAN GAMING LOCAL COMMUNITY BENEFIT COIv&HTTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS—Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Police Department(AG09-05)
5 The local jurisdiction designated above ("Recipient") is hereby approved for ant of funds in an
J g (" P ) y PP �"
6 amount not to exceed $4,268.00 as sponsored by Agua Caliente Band of Cahuilla Indians and certified
by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), pursuant
7 to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized nature for Committee: Authorized Signature for Recipient:
19 z :11
20 �
Printe N ie o Person Signing: Printed Name of Person ng:
21
ROY WILSON
22 Title: Title:
23
Chairman, Community Benefit Committee City Manager
24 Date: Date:
25 11/08/05
26
APPROVED BY CITY MANAGER ATTEST:
27 vIbM0
28
City Clerk
AI«O,dOR iA Gi!=.[nIVlY,;--
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? ` MYP? ITCA
Cathedral City Purchase 50% of Tiller Truck
AG01-05 Fire Dept. with fire equipment $444,063 $27,893 Agua Caliente
Cathedral City Traffic incident personnel and
AG03-05 Police Dept. equipment $1,043,810 $27,893 Agua Caliente
City of Palm Computers for responding
AG06-05 Desert equipment $100,000 $23,601 Agua Caliente
Palm Springs Increased costs of multi-year
AG08-05 Fire Dept. grant AG15 $362,227 $11,450 Agua Caliente
Palm Springs Increased costs of multi-year
_ AG09-05 Police Dept. grant AG42 $16,656 $4,268 Agua Caliente
Palm Springs Increased costs of multi-year
AG12-05 Police Dept. grant AG41 $19,491 $4,994 Agua Caliente
Palm Springs Increased costs of multi-year
AG15-05 Police Dept. grant AG4 $19,000 $4,868 Agua Caliente
AG20-05 Rancho Mirage Sand fencing on Bob Hope Dr. $92,700 $23,752 Agua Caliente
Computers for responding
AG21-05 Rancho Mirage equipment $54,814 $12,946 Agua Caliente
AG22-05 Rancho Mirage Casino enforcement cost $2,743 $703 Agua Caliente
Training and equipment for law
AG23-05 Rancho Mirage enforcement officers $22,900 $5,868 Agua Caliente
County Fire EMS Delivery System
AG26-05 Dept. Enhancement Project $294,533 $37,727 Agua Caliente
County District
AG27-05 JAttorney Tribal Gaming Prosecution Unit $1,735,878 $26,812 JAgua Caliente
Multi-Year Project
v
1. NOTICES 1
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
3
Committee: Recipient:
4
County of Riverside Executive Office City of Palm Springs Police Department
5 Attn: Jennifer Sargent Chief Gary Jeandron
4080 Lemon Street, 4`h 200 South Civic Drive
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient fiords are available
10 to the Committee from the California State's Indian Gaining Special Distribution Fund for the
11 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program,this
13 Agreement shall be amended to reflect any reduction in fiords.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of fiords.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1,2005, to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below)by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30 of
19 each year, however,the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
r
1 5. DEFINITIONS
"Recipient'means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and,to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use,the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which farther identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice, in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee,Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee,for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21 8. FISCAL AUDIT, REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
23 template for the quarterly financial report will be provided to recipient. Quarterly financial
reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
I D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information, communications, and documents given by or to
12 the Committee, and meetings involving Committee members or staff may be subject to applicable law
on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its constnzction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18 B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
I
C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement tern.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/employer relationship exists between the Claimant and the
9 Committee.
10
13. INDEMNIFICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to,property damage, bodily injury, or death,based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
awards, on behalf of the Committee in any claim or action based upon such liability.
15
16 With respect to any action or claim subject to indemnification herein by Recipient,Recipient shall, at
their sole cost,have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782,this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless,Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the tern of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California,the Recipient shall maintain
statutory Workers' Compensation Insurance(Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability(Coverage B) including Occupational Disease with
7 limits not less than$1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servam/Alternate
8 Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage, including but not limited to, premises liability,
11 contractual liability, products and completed operations liability, personal and advertising injury, cross
liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than$1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2)times the occurrence limit.
14
C. Vehicle Liability:
15
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement, then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2)tines the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions - All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII(A:8) unless such
requirements are waived, in writing,by Riverside County Risk Manager. If the County's.Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance carrier(s)must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed$500,000 per occurrence such
25 deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager,Recipient's carriers shall either; 1)reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2)procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
1
2 ATTACHMENT A:
3 SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
4 In February Of 2004, the Palm Springs Police Department applied for 60% nexus
5 funding for the Department's Police Activities League program (PAL). The program was
selected for award (identifier AG3).
6
PAL has fulfilled its mission as a non-profit community improvement program for more
7 than eight years. PAL specializes in after school programs designed to fit the needs of
8 the large population of under privileged, at risk juveniles From the ages of K-12.
9 PAL provides academic achievement in reading, math and computer skills, in an after
school format that provides age appropriate mentoring, as well as crime and gang
10 interdiction and intervention. PAL offers an enthusiastic sports program for both boys
and girls, including softball, golf and golf tournaments, baseball, boxing, soccer,
11 kayaking, and basketball camp. For kids who have interests other than organized
12 sports, PAL provides field trips and activities such as camping, rock climbing and day;
hikes, and trips to Magic Mountain, Disneyland, the Museum of Tolerance, Deep Sea
13 Fishing, Snow Play Day, Beach Play Day, the Sacramento Experience, and off-road''
courses. This past year, PAL offered a weeklong summer "boot camp." PAL is the only
14 local program offering this wide array of programs and services.
15 PAL is currently staffed with one full-time civilian PAL Officer. The PAL officer relies on
16 off-duty police department volunteers and community volunteers to assist with program
managements, events and travel. The PAL Officer and PAL programs operate under
17 the supervision of one experienced police sergeant. The Administrative Services
Division Commander provides oversight of the entire PAL program.
18
PAL headquarters resides at the Boys and Girls Club of Palm Springs, providing our
19 community's youth the opportunity to become involved in a wide array of activities. In
20 the past year PAL welcomed the involvement of the Agua Caliente Family Services
Tribal Youth Program in a joint effort to serve the future leaders of our community.
21
PAL offers its youth services after school and on weekends, the very times that,
22 research shows children most at-risk. This is the time when many Casino employees
are at work or completing after work responsibilities, leaving their children unsupervised.
23
24 The significant increase in police related activity during the past several years
demonstrates the need for additional services for the youth of our community to prevent
25 at-risk behavior and victimization.
26 PAL currently offers after school and weekend activities, free of charge, to over 5Q0
young persons in the City and surrounding communities. This allows children with a
27 true need, many who are at-risk, to be involved in healthy, character-building programs.
28 Without services such as PAL, quality of life for these youth would suffer. Programs
such a PAL help make the concept of "community policing" a reality. The Department
PAL program is the only program in the greater Palm Springs area that offers such
diverse crime intervention activities for our youth.
It is necessary for PAL to provide additional after school and weekend youth programs
due to growth in business, tourism, special events and the success of the Spa Casino.
With the addition of the Spa Casino, the PAL Officer will have the responsibility to
provide for an increased number of participants in the PAL program. It is anticipated
that these numbers will continue to increase with the success of the Spa Casino and the
community of Palm Springs.
The Spa Casino has a clear, direct impact upon the youth of our community. The police
department desires to participate in the success of the Spa Casino by providing for the
safety of the families of Casino employees and their client base, and by working
towards minimizing the exposure of their children as targets of substance abuse, crime
and violence.
The 2004 request for the Drug Prevention Program was $51,210, and the request was
multi-year. Due to increases in employee costs, the Department is requesting an
additional $16,656, for a total of$67866, for 2005-2006.
AGREEMENT A5197
RIVERSIDE COUNTY - - —
I INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS-Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Police Department (AG42)
5 _[he local jurisdiction designated above ("Recipient') is hereby approved for a grant of funds in an
6 amount not to exceed$51,210.00 as sponsored by Agua Caliente Band of Cahuilla Indians and certified
by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), pursuant
7 to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,)as incorporated herein by reference, subject to the following tenns and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature for Committee: Authorized Signature for Recipient;
19
20 r/v/
Printe e of Person Signing: Printed Name of Person g:
21
ROY W1 SON
22 Title: Title:
23
Chainnan, Community Benefit Committee City Manager
24 Date: Date:
25 11/08/0 5
26 ATTEST:
APPRavElr BY G��MANAGER
27
28 City Clerk
l l'G UONfJh
i!
FY 2004105
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? MYP?* ITCA
Salary for a drug prevention officer to
operate drug prevention program aimed
at youth. The program reaches 750 Yes,this is the second
Palm Springs children each month and is offered at no year of a five year
AG41 Police Dept cost. $156,935 $31,387 funding commitment. Agua Caliente
Salary for a Police Activities League
(PAL)officer. PAL would like to offer Yes,this is the second
Palm Springs additional after school and weekend year of a five year
AG42 Police Dept youth programs. $51,2101 $51,210 funding commitment. JAgua Caliente
Cathedral City Interns, mentors, marketing and
AG02-05 Police Dept. recruitment $43,776 $42,822 Agua Caliente
Desert of
Springs Police
AG05-05 Dept. Enhancement of Police K-9 Unit $30,000 $29,346 Agua Caliente
Additional partial funding for
Palm Springs engine partially funded through
AG16-05 Fire Dept. AG40 $168,279 $48,911 Agua Caliente
AG19-05 Rancho Mirage Sand fencing on Dinah Shore $188,800 $48,911 Agua Caliente
County
Transportation
AG24-05 Dept. Sand fencing on Dinah Shore $188,800 $59,788 Agua Caliente
County Fire EMS Delivery System
AG25-05 I Dept. Enhancement Project $294,5331 $59,788 Agua Caliente
Agua Caliente Total $1,488,658
* Multi-Year Project
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
3
Committee: Recipient:
4
County of Riverside Executive Office City of Palm Springs Police Department
5 Attn: Jennifer Sargent Chief Gary Jeandron
4080 Lemon Street, 0 200 South Civic Drive
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
I I purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of finds.
D. The grant fiords shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1, 2005, to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below)by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30a of
19 each year, however,the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
5. DEFINITIONS
1 "Recipient"means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and, to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use,the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice, in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee,Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee,for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21 S. FISCAL AUDIT,REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
23 template for the quarterly financial report will be provided to recipient. Quarterly financial
reports shall be submitted to the Committee on: October 17,2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
I
D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31,2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information, communications, and documents given by or to
12 the Committee, and meetings involving Committee members or staff may be subject to applicable law
on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its construction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18 B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
I C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/employer relationship exists between the Claimant and the
9 Committee.
10
13. INDEMNIFICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to,property damage, bodily injury, or death, based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
15 awards, on behalf of the Committee in any claim or action based upon such liability.
16 With respect to any action or claim subject to indemnification herein by Recipient,Recipient shall, at
their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Comiittee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782, this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless,Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California,the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability(Coverage B) including Occupational Disease with
7 limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate
8 Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage, including but not limited to, premises liability,
contractual liability, products and completed operations liability, personal and advertising injury, cross
11 liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than$1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two(2)times the occurrence limit.
14
C. Vehicle Liability:
15
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement,then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2)times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions - All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII (A:8)unless such
requirements are waived, in writing, by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy tern.
23
2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such
25 deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager,Recipient's carriers shall either; 1)reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2)procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
I 3) Recipient shall cause Recipient's insurance carrier(s)to furnish the County of Riverside with
either 1) a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in hill force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s)that thirty(30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage,this Agreement
6 shall tenninate forthwith, unless the Committee receives, prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attachments as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s),that the
12 Certificate(s)of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
17
7) Recipient agrees to notify Committee of any claim by a third parry or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee,
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto,and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee,by formal action, may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
1 17. WAIVER AND SEVERABILITY
Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be
2 construed to be a waiver of any subsequent or other breach of the same term of any other term herein.
In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
3 void, or unenforceable, the remaining provisions will nevertheless continue in full force without being
4 impaired or invalidated in any way.
5 18. OFFICIAL DOCUMENTS
6 Upon the Agreement approval by the Committee, one (1)completed set of this document will be sent
to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the
7 approved project.
8
9 19. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject
10 matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same
11 shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by
the provisions of the section entitled "Alteration and/or amendment"herein.
12
13 20. CERTIFICATION OF AUTHOMY TO EXECUTE THIS AGREEMENT
Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf
14 of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any
15 attachments hereto.
16
21. COMPLIANCE WITH LAW
17 Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in
18 force or which may hereafter be in force with regard to this Agreement. The judgment of any court of
competent jurisdiction, or the admission of Recipient in any action against Recipient, whether
19 Committee is a party thereto or not,that Recipient has violated any such ordinance or statute, shall be
conclusive of that fact as between Recipient and Committee.
20
21 22. CONFLICTS IN INTERPRETATION
22 In the event of conflict in interpretation by the parties of the provisions contained in the numbered
sections of this Agreement and the provisions contained in the Attachments hereto,the provisions of
23 the numbered sections of this Agreement shall prevail over those in Attachments hereto.
24
25
26
27
28
1
2 ATTACHMENT A:
3 SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
4
5 The Palm Springs Police Activities League (PAL) has fulfilled its mission as a non-profit
community improvement program for over seven years. PAL specializes in after school
6 programs designed to fit the needs of the large population of under privileged, at risk
juveniles from the ages of K-12.
7
PSPAL provides academic achievement in reading, math and computer skills, in an
8 after school format that provides age appropriate mentoring, as well as crime and gang
interdiction and intervention. PAL offers an enthusiastic sports program for both boys
9 and girls, including softball, golf and golf tournaments, baseball, boxing, soccer,
kayaking, and basketball camp. For kids who have interests other than organized
sports, PAL provides field trips and activities such as camping, rock climbing and day
10 hikes, and trips to Magic Mountain, Disneyland, the Museum of Tolerance, Deep Sea
Fishing, Snow Play Day, Beach Play Day, the Sacramento Experience, and off-road
11 courses. PAL is working hard to add additional activities, such as BMX riding,
Motocross, and a weeklong summer "Motivat8 Boot Camp." PAL is the only local
12 program offering this wide array of programs and services.
13 The Palm Springs Police Activities League (PAL) is currently staffed with one full-time
civilian PAL Officer. The PAL officer relies on off-duty police department volunteers and
community volunteers to assist with program managements, events and travel. The
14 PAL Officer and PAL programs operate under the supervision of one experienced police
sergeant. The Administrative Services Division Commander provides oversight of the
15 entire PAL program.
16 PAL headquarters resides at the Boys and Girls Club of Palm Springs, providing our
community's youth the opportunity to become involved in a wide array.of activities. PAL
17 recently welcomed the involvement of the Agua Caliente Family Services Tribal Youth
Program in a joint effort to serve the future leaders of our community.
18 PAL offers its youth services after school and on weekends, the very times that
research shows children most at-risk. This is the time when many Casino employees
19 are at work or completing after work responsibilities, leaving their children unsupervised.
20 The significant increase in police related activity during the past several years
demonstrates the need for additional services for the youth of our community to prevent
21 at-risk behavior and victimization.
The Palm Springs Police Department Police Activities League (PAL) currently offers
22 after school and weekend activities; free of charge, to over 500 young persons in the
City and surrounding communities. This allows children with a true need, many who are
23 at-risk,to be involved in healthy, character-building programs. Without services such as
PAL, quality of life for these youth would suffer. Programs such a PAL help make the
24 concept of"community policing"a reality.
25
26
27
28
9
It is necessary for PAL to provide additional after school and weekend youth programs
due to growth in business, tourism, special events and the success of the Spa Casino.
With the addition of the Spa Casino, the PAL Officer will have the responsibility to
provide for an increased number of participants in the PAL program. It is anticipated
that these numbers will continue to increase with the success of the Spa Casino and the
community of Palm Springs.
The cost for the annual salary for the PAL Officer is $51,210, and is a multi-year
request.
Amend 1 to AGREEMENT A5198
RIVERSIDE COUNTY 1
INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS—Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Police Department(AG12-05)
5 The local jurisdiction designated above ("Recipient") is hereby approved for a grant of funds in an
6 amount not to exceed $4,994.00 as sponsored by Agua Caliente Band of Cahuilla Indians and certified
by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), pursuant
7 to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17
IN WITNESS WHEREOF, Committee and Recipient,have executed this Agreement.
18 Authorized Signature for ommittee: Authorized Signature for Recipient:
19
20
Printed mZN
Person Signing: Printed Name of Pers igning:
21
ROY WILS
22 ��r✓jam !
Title: Title:
23
Chairman, Community Benefit Committee City Manager
24 Date: Date:
25 11/08/05
26 APPROVED BY CITY MANAGER ATTEST:
27
28 City Clerk
j FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? MYP? ` ITCA
Cathedral City Purchase 50% of Tiller Truck
AG01-05 Fire Dept. with fire equipment $444,063 $27,893 Agua Caliente
Cathedral City Traffic incident personnel and
AG03-05 Police Dept. equipment $1,043,810 $27,893 Agua Caliente
City of Palm Computers for responding
AG06-05 IDesert equipment $100,0001 $23,601 Ague Caliente
Palm Springs Increased costs of multi-year
AG08-05 Fire Dept. grant AG15 $362,227 $11,450 Agua Caliente
f Palm Springs Increased costs of multi-year
AG09-05 Police Dept. grant AG42 $16,656 $4,268 Agua Caliente
Palm Springs Increased costs of multi-year
_--- AG12-05 Police Dept. grant AG41 $19,491 $4,994 Agua Caliente
Palm Springs Increased costs of multi-year
AG15-05 lPolice Dept. grant AG4 $19,0001 $4,868 Agua Caliente
AG20-05 Rancho Mirage Sand fencing on Bob Hope Dr. $92,700 $23,752 Agua Caliente
Computers for responding
AG21-05 Rancho Mirage equipment $54,814 $12,946 Agua Caliente
AG22-05 Rancho Mirage Casino enforcement cost $2,743 $7031 Agua Caliente
Training and equipment for law
AG23-05 Rancho Mirage enforcement officers $22,900 $5,868 Agua Caliente
County Fire EMS Delivery System
AG26-05 De t. Enhancement Project $294,533 $37,727 Agua Caliente
County District
AG27-05 Attorney Tribal Gaming Prosecution Unit $1,735,878 $26,812 Agua Caliente
Multi-Year Project
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
3
4 Committee: Recipient:
County of Riverside Executive Office City of Palm Springs Police Department
5 Attn: Jennifer Sargent Chief Gary Jeandron
4080 Lemon Street, 4"' 200 South Civic Drive
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate,
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award (`Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
11 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of funds.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1, 2005, to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below)by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30th of
19 each year, however,the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the tern of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
S. DEFINITIONS
1
"Recipient" means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and,to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use,the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received finding from the
13 Indian Gaming Special Distribution Find and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice,in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein,upon request of the Committee,Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such fiords are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21 8. FISCAL AUDIT,REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
template for the quarterly financial report will be provided to recipient. Quarterly financial
23 reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006;April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
D. The financial audit and report of services performed shall ,be submitted to the Committee
1
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaining Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any Coimty, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information,communications, and documents given by or to
12 the Committee, and meetings involving Committee members or staff may be subject to applicable law
on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its constriction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18 B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
1 C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/employer relationship exists between the Claimant and the
9 Committee.
10
13. INDEMNIFICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to, property damage,bodily injury, or death, based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
awards, on behalf of the Committee in any claim or action based upon such liability.
15
16 With respect to any action or claim subject to indemnification herein by Recipient,Recipient shall, at
their sole cost,have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided,however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782,this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
r
14. INSURANCE
1
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California,the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability(Coverage B) including Occupational Disease with
7 limits not less than$1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable,to provide a Borrowed Servant/Altemate
8 Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage,including but not limited to, premises liability,
11 contractual liability, products and completed operations liability, personal and advertising injury, cross
liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Conunittee as an Additional
Insured. Policy's limit of liability shall not be less than$1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit,it shall apply separately to this agreement or
be no less than two (2)times the occurrence limit.
14
15
C. Vehicle Liability:
l
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement,then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles so used in an amount not less than$1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two(2)times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions - All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII(A:8) unless such
requirements are waived, in writing,by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance carrier(s)must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed$500,000 per occurrence such
25 deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager,Recipient's carriers shall either; 1)reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2)procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
I 3) Recipient shall cause Recipient's insurance carrier(s)to furnish the County of Riverside with
either 1)a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2)if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s)that thirty(30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification,cancellation, expiration, or reduction in coverage,this Agreement
6 shall terminate forthwith, unless the Committee receives, prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attaclunents as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s), that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
17
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part,without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee,by formal action,may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
1 17. WAIVER AND SEVERABILITY
Any waiver by Committee of any breach of any one (1) or more terns of this Agreement shall not be
2 construed to be a waiver of any subsequent or other breach of the same term of any other tern herein.
In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
3 void, or unenforceable,the remaining provisions will nevertheless continue in full force without being
4 impaired or invalidated in any way.
5 18. OFFICIAL DOCUMENTS
6 Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent
to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the
7 approved project.
8
9 19. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject
10 matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same
11 shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by
the provisions of the section entitled "Alteration and/or amendment'herein.
12
13 20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT
Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf
14 of Recipient, and may legally bind Recipient to the terns and conditions of this Agreement, and any
15 attachments hereto.
16
21. COMPLIANCE WITH LAW
17 Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in
18 force or which may hereafter be in force with regard to this Agreement. The judgment of any court of
competent jurisdiction, or the admission of Recipient in any action against Recipient, whether
19 Committee is a party thereto or not,that Recipient has violated any such ordinance or statute, shall be
conclusive of that fact as between Recipient and Committee.
20
21 22. CONFLICTS IN INTERPRETATION
22 In the event of conflict in interpretation by the parties of the provisions contained in the numbered
sections of this Agreement and the provisions contained in the Attachments hereto,the provisions of
23 the numbered sections of this Agreement shall prevail over those in Attachments hereto.
24
25
26
27
28
1
2 ATTACHMENT A:
3 SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
4 In February of 2004, the Palm Springs Police Department applied for 60% nexus
funding for the Department's Drug Prevention Program. The program was selected for
5 award (id'entifier AG2):
6 The 'Drug Prevention Program has fulfilled its mission as a non-profit community
improvement program for over sixteen years. The program provides a 17-week life
7 skills course to over 760 schoolchildren each year. Along with resistance to substance
8 abuse, the program includes classes on "stranger danger", firearms safety and similar ,
topics, and is offered° at no cost to all participants. Each year the Drug Prevention
9 Officer presents the curriculum to Grades 4 through 6 at four public schools and at three
private schools in the City of Palm Springs. Many of the students are under privileged,
10 at-risk children.
11 The Drug Prevention Officer also spends many hours assigned to youth projects outside '
12 the school environment. Those assignments include working with the local media to
educate the public and gain support for the program, making presentations to
13 community service organizations and at safety and health fairs, attending community
celebrations, and acting as chaperone for groups of students on field trips and other
14 events. During the holiday season, the Drug Prevention Officer raises money, toys, and
15 food contributions for less fortunate kids in and around our city through "Operation
Santa Claus."
16
The Palm Springs Police Drug Prevention Program is currently staffed with one full-time
17 civilian Drug Prevention Officer. The Drug Prevention Officer relies on off-duty police
department volunteers and community volunteers to assist with program managements,
18 events and travel. The Drug Prevention Officer and programs operate under the
19 supervision of one experienced police sergeant. The Administrative Services Division
Commander provides oversight of the entire Drug Prevention Program.
20
The Drug Prevention Program headquarters resides at the Boys and Girls Club of Palm
21 Springs, providing our community's youth the opportunity to become involved in a wide
array of activities. The Drug Prevention Program recently welcomed the involvement of
22 the Agua Caliente Family Services Tribal Youth Program in a joint effort to educate the
23 future leaders of our community in substance abuse resistance and life skills.
24 As the employee workforce and client base of the Spa Casino expands, more children '
from their families will attend classes in the Palm Springs Unified School District. The
25 increase in students demonstrates the need for additional services, both during and
after school. The Drug Prevention Program will meet their needs by providing-1
26 necessary substance abuse and life coping skills education.
27 The Drug Prevention Program will help children from becoming victims of crime by ,
28 providing,them with information that will teach them to avoid situations that would place
them:cn harm's=way The Palm-Springs Police Department Drug P_tevention Program is
the only program in the Palm Springs Unified School District that offers such a crime
ntervention curriculum.
The Spa Casino has a clear, direct impact upon the youth of our community. The police
department desires to participate in the success of the Spa Casino by providing for the
:safety of the families of Casino employees and their client base, and by working
towards minimizing the exposure of their children as targets of substance abuse, crime
and violence.
The 2004 request for the Drug Prevention Program was $51,210, and the request was
multi-year. Due to increases in employee costs, the Department is requesting an
additional $19,491, for a total of$70,701, for 2005-2006.
AGREEMENT A5198
RIVERSIDE COUNTY
I INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS—Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Police Department(AG41)
5 The local jurisdiction designated above ("Recipient") is hereby approved for a grant of funds in an
6 amount not to exceed $31,387.00 as sponsored by Agua Caliente Band of Cahuilla Indians and certified
by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), pursuant
7 to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature for Committee: Authorized Signature for Recipient:
19
20
Printe Nai of Person Sign'xi . Printed Name of Person S' g:
21
ROY WILSON '� '/i�
22 Title: Title:
23
Chairman, Community Benefit Committee City Manager
24 Date: Date:
25 ILI A 11/08/05
26 APPROVED BYC19YMANAGER ATTEST:
27 1016
28 City Clerk
tcl1'1a1�
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? * MYP? * ITCA
Salary for a drug prevention officer to
operate drug prevention program aimed
at youth. The program reaches 750 Yes,this is the second
Palm Springs children each month and is offered at no year of a five year
AG41 Police Dept cost. $156,935 $31,387 funding commitment. Agua Caliente
Salary for a Police Activities League
(PAL)officer. PAL would like to offer Yes,this is the second
Palm Springs additional after school and weekend year of a five year
AG42 Police Dept youth programs. $51,210 $51,2101 funding commitment. Agua Caliente
Cathedral City Interns, mentors, marketing and
AG02-05 Police Dept. recruitment $43,776 $42,822 Agua Caliente
Desert Hot
Springs Police
AG05-05 Dept. Enhancement of Police K-9 Unit $30,000 $29,346 Agua Caliente
Additional partial funding for
Palm Springs engine partially funded through
AG16-05 Fire Dept. AG40 $168,2791 $48,911 Agua Caliente
AG19-05 Rancho Mirage Sand fencing on Dinah Shore $188,800 $48,911 Agua Caliente
County
Transportation
AG24-05 Dept. Sand fencing on Dinah Shore $188,800 $59,788 Agua Caliente
County Fire EMS Delivery System
AG25-05 Dept. Enhancement Project 1 $294,533 $59,7881 1 lAgua Caliente
Agua Caliente Total $1,488,658
* Multi-Year Project
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail,postage prepaid:
3
Committee: Recipient:
4
County of Riverside Executive Office City of Palm Springs Police Department
5 Attn: Jennifer Sargent Chief Gary Jeandron
4080 Lemon Street,4t' 200 South Civic Drive
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
11 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program,this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of fiords.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1, 2005, to and including June 30,2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below)by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30th of
19 each year, however,the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
1 5. DEFINITIONS
"Recipient"means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian ganging in the state, and,to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use,the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice,in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee,Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21 8. FISCAL AUDIT, REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
23 template for the quarterly financial report will be provided to recipient. Quarterly financial
reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
I D, The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
l I Recipient acknowledges and agrees that information, communications, and documents given by or to
12 the Committee, and meetings involving Committee members or staff may be subject to applicable law
on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its construction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18 B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
I C. An organizational chart should be provided by Recipient, for any new Agreement tern,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
8 Committee for any cost or expense the Committee may incur as a result of any claim wherein the
claimant alleges any employee/employer relationship exists between the Claimant and the
9 Committee.
10
13. INDEMNIFICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to, property damage,bodily injury, or death,based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
15 awards, on behalf of the Committee in any claim or action based upon such liability.
16 With respect to any action or claim subject to indemnification herein by Recipient,Recipient shall, at
their sole cost,have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782,this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless,Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California,the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability(Coverage B) including Occupational Disease with
7 limits not less than$1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate
8 Employer Endorsement.
9 B. Commercial General Liability:
to Commercial General Liability insurance coverage, including but not limited to, premises liability,
11 contractual liability, products and completed operations liability, personal and advertising injury, cross
liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than$1,000,000 per occurrence combined single
13 limit. If such insurance contains a general.aggregate limit,it shall apply separately to this agreement or
be no less than two (2)times the occurrence limit.
14
C. Vehicle Liability:
15
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement,then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles so used in an amount not less than$1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2)times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D, General Insurance Provisions -All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII(A:8) unless such
requirements are waived, in writing,by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance carrier(s)must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed$500,000 per occurrence such
deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
25 Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager,Recipient's carriers shall either; 1)reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2)procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
3
1 3) Recipient shall cause Recipient's insurance carrier(s) to furnish the County of Riverside with
either 1)a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2)if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s)that thirty(30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement
6 shall terminate forthwith,unless the Committee receives, prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attachments as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s),that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
17
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee, by formal action,may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
1
2 ATTACHMENT A:
3 SCOPE OF WORKIPERFORMANCE TARGET OUTLINE
4
5 The Palm Springs Police Drug Prevention Program has fulfilled its mission as a non-
profit community improvement program for over fifteen years. Formerly known as
6 DARE, the course currently reaches approximately 750 children each month, and is
offered at no cost to all participants. The curriculum consists of a 17-week life skills
7 class. Along with resistance to substance abuse, the program includes classes on
"stranger danger", firearms safety and similar topics. Each year the Drug Prevention
8 Officer presents the curriculum to Grades 4 through 6 at four public schools and at three
private schools in the City of Palm Springs. Many of the students are under privileged,
at-risk children.
9
The Drug Prevention Officer also spends many hours assigned to youth projects outside
10 the school environment. Those assignments include working with the local media to
educate the public and gain support for the program, making presentations to
I 1 community service organizations and at safety and health fairs, attending community
celebrations, and acting as chaperone for groups of students on field trips and other
12 events. During the holiday season,the Drug Prevention Officer raises money,toys, and
food contributions for less fortunate kids in and around our city through "Operation
Santa Claus."
13
Thgg Palm Springs Police Drug Prevention Program is currently staffed with one full-time
14 civlian Drug Prevention Officer. The Drug Prevention Officer relies on off-duty police
department volunteers and community volunteers to assist with program managements,
15 events and travel. The Drug Prevention Officer and programs operate under the
supervision of one experienced police sergeant. The Administrative Services Division
16 Commander provides oversight of the entire Drug Prevention Program.
17 The Drug Prevention Program headquarters resides at the Boys and Girls Club of Palm
Springs, providing our community's youth the opportunity to become involved in a wide
array of activities. The Drug Prevention Program recently welcomed the involvement of
18 the Ague Caliente Family Services Tribal Youth Program in a joint effort to educate the
future leaders of our community in substance abuse resistance and life skills.
19
As the employee workforce of the Spa Casino grows, more children from their families
20 will attend classes in the Palm Springs Unified School District. The increase in students
demonstrates the need for additional services, both during and after school. The Drug
21 Prevention Program will meet their needs by providing necessary substance abuse and
life coping skills education.
22 The Drug Prevention Program will help children from becoming victims of crime by
providing them with information that will teach them to avoid situations that would place
23 them in harm's way. The Palm Springs Police Department Drug Prevention Program is
the only program in the Palm Springs Unified School District that offers such education.
24
25
26
27
28
Amend 1 to AGREEMENT A5199
RIVERSIDE COUNTY
1 INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS —Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Fire Departmenl (AG08-05)
5 The local jurisdiction designated above ("Recipient") is hereby approved for a grant of funds in an
6 amount not to exceed$11,450.00 as sponsored by Agua Caliente Band of Cahuilla Indians and certified
by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), pursuant
7 to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature for Committee: Authorized Signature for Recipient:
19
20 G �✓
Prince am of Person Signing: Printed Name of Person ign'
21
ROY WILSON
22 Title: Title:
23
Chairman, Community Benefit Committee City Manager
24 Date: Date:
25 C Q 11/08/05
26
ATTEST:
27 @ g APPROVED 8Y CITY lViANAGER
28
City Clerk , N �� �1LVPA
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03104 New
Identifier Jurisdiction Project Funding Funding MYP? * MYP? * ITCA
Cathedral City Purchase 50% of Tiller Truck
AG01-05 Fire Dept. with fire equipment $444,063 $27,893 Agua Caliente
Cathedral City Traffic incident personnel and
AG03-05 Police Dept, equipment $1,043,810 $27,893 Agua Caliente
City of Palm Computers for responding
AG06-05 Desert 1equipment $100,000 $23,6011 Agua Caliente
Palm Springs Increased costs of multi-year
AG08-05 Fire Dept. grant AG15 $362,227 $11,450 Agua Caliente
Palm Springs Increased costs of multi-year
AG09-05 Police Dept. grant AG42 $16,656 $4,268 Agua Caliente
Palm Springs Increased costs of multi-year
AG12-05 Police Dept. grant AG41 $19,491 $4,994 Agua Caliente
Palm Springs Increased costs of multi-year
AG15-05 Police Dept. I grant AG4 $19,000 $4,868 Agua Caliente
AG20-05 Rancho Mirage Sand fencing on Bob Hope Dr. $92,700 $23,752 Agua Caliente
Computers for responding
AG21-05 Rancho Mirage equipment $54,814 $12,946 Agua Caliente
AG22-05 Rancho Mirage Casino enforcement cost $2,743 $703 Agua Caliente
Training and equipment for law
AG23-05 Rancho Mirage 1 enforcement officers $22,900 $5,868 JAgua Caliente
County Fire EMS Delivery System
AG26-05 Dept. Enhancement Project $294,533 $37,727 Agua Caliente
County District
AG27-05 Attorney Tribal Gaming Prosecution Unit $1,735,878 $26,812 Agua Caliente
* Multi-Year Project
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail,postage prepaid:
3
Committee: Recipient:
4
County of Riverside Executive Office City of Palm Springs Fire Department
5 Attn: Jennifer Sargent Chief Blake Goetz
4080 Lemon Street, 4`h 300 N. El Cielo Road
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
11 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or fianding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of funds.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The tern of this Agreement shall be from July 1, 2005, to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below) by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30 of
19 each year, however, the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the tern of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
2
1 5. DEFINITIONS
"Recipient"means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and, to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use, the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which farther identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice, in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee, Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terns and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21 8. FISCAL AUDIT,REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
23 template for the quarterly financial report will be provided to recipient. Quarterly financial
reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
3
I
D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information, communications, and documents given by or to
the Committee, and meetings involving Committee members or staff may be subject to applicable law
12 on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
t 5 A. This Agreement and its construction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
is B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
airy legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
4
I
C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/employer relationship exists between the Claimant and the
9 Committee:
10
13. INDEMNIFICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to, property damage, bodily injury, or death, based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
15 awards, on behalf of the Committee in any claim or action based upon such liability.
16 With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at
their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782, this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
5
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California, the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with
7 limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate
8 Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage, including but not limited to, premises liability,
contractual liability, products and completed operations liability, personal and advertising injury, cross
11 liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2) times the occurrence limit.
14
15 C. Vehicle Liability:
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement, then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2)times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions - All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such
requirements are waived, in writing, by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such
deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
25 Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager, Recipient's carriers shall either; 1) reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2) procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
6
I
3) Recipient shall cause Recipient's insurance carrier(s)to furnish the County of Riverside with
either 1) a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement
6 shall terminate forthwith, unless the Committee receives, prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attaclments as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s), that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
17
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee, by formal action, may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
7
1 17. WAIVER AND SEVERABILITY
Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be
2 construed to be a waiver of any subsequent or other breach of the same term of any other term herein.
In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
3 void, or unenforceable, the remaining provisions will nevertheless continue in full force without being
4 impaired or invalidated in any way.
5 18. OFFICIAL DOCUMENTS
6 Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent
to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the
7 approved project.
8
9 19. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject
10 matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same
11 shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by
the provisions of the section entitled "Alteration and/or amendment" herein.
12
13 20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT
Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf
14 of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any
15 attachments hereto.
16
21. COMPLIANCE WITH LAW
17 Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in
18 force or which may hereafter be in force with regard to this Agreement. The judgment of any court of
competent jurisdiction, or the admission of Recipient in any action against Recipient, whether
19 Committee is a party thereto or not, that Recipient has violated any such ordinance or statute, shall be
conclusive of that fact as between Recipient and Committee.
20
21 22. CONFLICTS IN INTERPRETATION
22 In the event of conflict in interpretation by the parties of the provisions contained in the numbered
sections of this Agreement and the provisions contained in the Attachments hereto, the provisions of
23 the numbered sections of this Agreement shall prevail over those in Attachments hereto.
24
25
26
27
28
8
Project Description
The Palm Springs Fire Department responds to approximately 6,300 emergency calls for
service annually. Nearly 75% of all calls for service to the Fire Department are for
medical aid (EMT or Paramedic). Most medical aid calls require two to six personnel to
properly manage. The Fire Department and the private ambulance provider(AMR) work
cooperatively to provide the best emergency medical care possible.
Through a phase in starting in June of 2000, a Paramedic Program was established and
soon operated out of Fire Station#1 (277 N. Indian Canyon Drive). Eventually a total of ,
six new firefighter positions were authorized by the City Council to address the increase
visitor population downtown Palm Springs. The "Downtown Experience"program
included additional police and fire personnel in the downtown corridor, and the Fire
Department provided the enhanced emergency medical services (Paramedics). The
additional staffing at Fire Station#1 moved the daily staffing from two to four personnel.
In addition, a separate vehicle and associated medical equipment for the Paramedic
deployment was purchase.
Prior to June 2000, one fire engine/truck staffed with a crew of two first responders were
deployed by the Fire Department at Fire Station#1. Today, the Fire Department staff
Fire Station#1 with four first responder, one of which is a Paramedic. The four-person
crew is deployed on one fire engine/truck and one squad (Paramedic vehicle).
The Paramedic Squad vehicle is the only such vehicle of this type operated in the City of
Palm Springs. It is proposed that the Special Distribution Fund support the cost to
replace the Paramedic Squad vehicle. The present vehicle is a 2000 Ford F-450 (38,000
miles) with a utility-type service box. The existing vehicle would be retained to serve as
a reserve unit (spare). The replacement vehicle is estimated to cost$150,000.
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AGREEMENT A5199
RIVERSIDE COUNTY 1
EVDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS —Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Fire Department (AG15)
5 The local jurisdiction designated above ("Recipient') is hereby approved for a grant of funds in an
6 amount not to exceed $317,540.00 as sponsored by Agua Caliente Band of Cahuilla Indians and
certified by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"),
7 pursuant to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature f r Committee: rized Signature for i ient:
19
20 ��v-11:0 IXI �\ Q
Printed of Person Signng: Printed Name of Person Signing:
21
ROY ILSON David H. Read
22 Title: Title:
23
Chairman, Community Benefit Committee City Manager
24 Date: Date:
25 d S 11/08/05
26 ATTEST:
27 APPROVED BY 0f11 MANAGER
28 � �• `�� e.
City Clerk
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? MYP? ' ITCA
Downtown Experience Office- Yes,this is the second
Palm Springs P year of a five year
AG4 Police Dept "Casino Officers" $309,040 $61,808 funding commitment. Agua Caliente
County
Sheriffs Hire five deputies and purchase Yes,this is the second
P P year of a five year
AG33 Department associated equipment $2,503,401 121,951 funding commitment. Agua Caliente
Yes,this is the second
Palm Springs Casino officers crime prevention year of a five year
AG12 Police Dept &equipment $950,000 $190,000 funding commitment. Agua Caliente
Fund 50% of six (6)firefighter
positions added to address the
Yes,this is the second
-- - - Increased visitors to downtown year of a five year
AG15 Palm Springs Palm Springs $1,587,700 $317,540 funding commitment. Agua Caliente
Designated in FY
03/04 for award in
Replacement of Paramedic 05/06, but not a multi-
AG07-05 Palm Springs squad vehicle $150,000 $150,000 year project. Agua Caliente
Investigation and prosecution of Yes,this is the second
County District crimes connected to or affecting year of a five year
AG8 Attorney the casinos. $1,567,2491 $42,597 funding commitment. Agua Caliente
Palm Springs Yes,this is the second
year of a five year
AG2 Police Dept JDrug Prevention Program $224,663 $19,823 funding commitment. lAgua Caliente
Multi-Year Project
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
3
Committee: Recipient:
4
County of Riverside Executive Office City of Palm Springs Fire Department
5 Attn: Jennifer Sargent Chief Blake Goetz
4080 Lemon Street, 4th 300 N. El Cielo Road
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient fiords are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
11 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner,
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of funds.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1, 2005, to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below) by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30 of
19 each year, however, the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
2
5. DEFINITIONS
1
"Recipient"means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORK/PERFORMANCE AND REOUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.S. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and, to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use, the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice, in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee, Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21 8. FISCAL AUDIT, REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
template for the quarterly Financial report will be provided to recipient. Quarterly financial
23 reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
3
I
D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information, communications, and documents given by or to
the Committee, and meetings involving Committee members or staff may be subject to applicable law
12 on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its construction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18 B. The provision of the Govermment Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in comrection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
4
I
C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/ employer relationship exists between the Claimant and the
9 Committee.
10
13. INDEMNIFICATION
11
Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
12 but not limited to, property damage, bodily injury, or death, based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
awards, on behalf of the Committee in any claim or action based upon such liability.
15
16 With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at
their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782, this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
5
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California, the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with
,7 limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate
8 Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage, including but not limited to, premises liability,
11 contractual liability, products and completed operations liability, personal and advertising injury, cross
liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2) times the occurrence limit.
14
C. Vehicle Liability:
15
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement, then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2) times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions - All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such
requirements are waived, in writing, by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance carrier(s)must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such
deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
25 Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager, Recipient's carriers shall either; 1) reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2) procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
6
I 3) Recipient shall cause Recipient's insurance carrier(s)to furnish the County of Riverside with
either 1) a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement
6 shall terminate forthwith, unless the Committee receives, prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attachments as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s),that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
17
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee, by formal action, may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
7
I 17. WAIVER AND SEVERABILITY
Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be
2 construed to be a waiver of any subsequent or other breach of the same term of any other term herein.
In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
3 void, or unenforceable, the remaining provisions will nevertheless continue in full force without being
4 impaired or invalidated in any way.
5 18. OFFICIAL DOCUMENTS
6 Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent
to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the
7 approved project.
8
9 19. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject
10 matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same
11 shall be deemed to be merged herein. Any modifications to the terns of this Agreement shall be by
the provisions of the section entitled "Alteration and/or amendment" herein.
12
13 20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT
Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf
14 of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any
15 attachments hereto.
16
21. COMPLIANCE WITH LAW
17 Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in
18 force or which may hereafter be in force with regard to this Agreement. The judgment of any court of
competent jurisdiction, or the admission of Recipient in any action against Recipient, whether
19 Committee is a parry thereto or not, that Recipient has violated any such ordinance or statute, shall be
conclusive of that fact as between Recipient and Committee.
20
21 22. CONFLICTS IN INTERPRETATION
22 In the event of conflict in interpretation by the parties of the provisions contained in the numbered
sections of this Agreement and the provisions contained in the Attachments hereto, the provisions of
23 the numbered sections of this Agreement shall prevail over those in Attachments hereto.
24
25
26
27
28
8
1 1
2 ATTACHMENT A:
3 SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
4
5 The Palm Springs Fire Department responds to approximately 6,300 emergency calls for
6 service annually. Nearly 75%of all calls for service to the Fire Department are for
medical aid(EMT or Paramedic). Most medical aid calls require two to six personnel to
7 properly manage. The Fire Department and the private ambulance provider(AMR)work
cooperatively to provide the best emergency medical care possible.
8 Through a phase in starting in June of 2000,a Paramedic Program was established and
soon operated out of Fire Station#1 (277 N.Indian Canyon Drive). Eventually a total of
9 six new firefighter positions were authorized by the City Council to address the increase
visitor population downtown Palm Springs. The"Downtown Experience"program
10 included additional police and fire personnel in the downtown corridor,and the Fire
Department provided the enhanced emergency medical services(Paramedics). The
11 additional staffing at Fire Station#1 moved the daily staffing from two to four personnel.
In addition,a separate vehicle and associated medical equipment for the Paramedic
12 deployment was purchase.
Prior to June 2000,one fire engine/truck staffed with a crew of two first responders were
13 deployed by the Fire Department at Fire Station#1. Today,the Fire Department staff
Fire Station#1 with four first responder,one of which is a Paramedic. The four-person
14 crew is deployed on one fire engine/truck and one squad(Paramedic vehicle).
15 The total cost to support the six additional positions is approximately$635,080 per year.
It is proposed that the Special Distribution Fund support fifty percent of the cost to
16 provide the additional staffing and higher level of emergency medical service($317,540)
per year for the next five years(multi-year grant).
17
18 I a._ -.1-C
19
277 N Indlan Gnyan Dr m
' Palm Snnn9s G 92262 _ _ 'm
20
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21
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25
26
27
28
9
AGREEMENT A5200
RIVERSIDE COUNTY
I INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS —Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Fire Department (AG16-05)
5 The local jurisdiction designated above ("Recipient") is hereby approved for rant of funds in an
j g ( P ) � Y pp g
6 amount not to exceed $48,911.00 as sponsored by Agua Caliente Band of Cahuilla Indians and certified
by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), pursuant
7 to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature for Committee: Authorized Signature for Recipient:
1920
PrintcZ7M76f Person Signing , Printed Name of Person mg:
21
ROY WILSON
22 Title: Title:
23
Chairman, Community Benefit Committee City Manager
24 Date: Date:
25 ds 11/08/05
26 ATTEST:
27 APPROVED 81'CI Pl lAANAGER
28 O/ Ln0
City Clerk
1
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? * MYP?* ITCA
Salary for a drug prevention officer to
operate drug prevention program aimed
at youth. The program reaches 750 Yes,this is the second
Palm Springs children each month and is offered at no year of a five year
AG41 Police Dept cost. $156,935 $31,387 funding commitment. Agua Caliente
Salary for a Police Activities League
(PAL)officer. PAL would like to offer Yes,this is the second
Palm Springs additional after school and weekend year of a five year
AG42 Police Dept youth programs. $51,210 $51,210 funding commitment. JAgua Caliente
Cathedral City Interns, mentors, marketing and
AG02-05 Police Dept. recruitment $43,776 $42,822 Agua Caliente
Desert Hot
Springs Police
AG05-05 Dept. Enhancement of Police K-9 Unit $30,000 $29,346 Agua Caliente
Additional partial funding for
Palm Springs engine partially funded through
AG16-05 Fire Dept. IAG40 $168,279 $48,9111 Agua Caliente
AG19-05 rancho Mirage Sand fencing on Dinah Shore $188,800 $48,911 Ague Caliente
County
Transportation
AG24-05 Dept. Sand fencing on Dinah Shore $188.800 $59,788 Agua Caliente
County Fire EMS Delivery System
AG25-05 Dept. Enhancement Project $294,533 $59,788 1 JAgua Caliente
Agua Caliente Total $1,488,658
* Multi-Year Project
V
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
3
4 Committee: Recipient:
County of Riverside Executive Office City of Palm Springs Fire Department
5 Attn: Jennifer Sargent Chief Blake Goetz
4080 Lemon Street, 4s' 300 N. El Cielo Road
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A, This grant award ("Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaining Special Distribution Fund for the
11 purposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any marmer.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of fiords.
D. The grant fluids shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The term of this Agreement shall be from July 1, 2005, to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below) by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30t" of
19 each year, however,the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient
27 fiords are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
2
1 5. DEFINITIONS
"Recipient"means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of fimds provided.
3 6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and, to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use, the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice, in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee, Recipient agrees to filly
is reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Commnittee and/or
20 the State.
21 8. FISCAL AUDIT. REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
23 template for the quarterly financial report will be provided to recipient. Quarterly financial
reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
3
I
D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaining Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information, communications, and documents given by or to
the Committee, and meetings involving Committee members or staff may be subject to applicable law
12 on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its construction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18 B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
4
I
C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
4
12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/ employer relationship exists between the Claimant and the
9 Committee.
10
13. INDEMNIFICATION
11
12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to, property damage, bodily injury, or death, based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
awards, on behalf of the Committee in any claim or action based upon such liability.
15
16 With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at
their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
21
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782, this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
25
26
27
28
5
1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California, the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with
7 limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate
8 Employer Endorsement.
9 B. Commercial General Liability:
10 Commercial General Liability insurance coverage, including but not limited to, premises liability,
contractual liability, products and completed operations liability, personal and advertising injury, cross
11 liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's perfonnance of its obligations hereunder. Policy shall name the Committee as an Additional
Insured. Policy's limit of liability shall not be less than$1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2)times the occurrence limit.
14
C. Vehicle Liability:
15
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement, then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles soused in an amount not less than $1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2) times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions - All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such
requirements are waived, in writing, by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
23
2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such
25 deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager, Recipient's carriers shall either; 1) reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2) procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
6
I
3) Recipient shall cause Recipient's insurance carrier(s) to furnish the County of Riverside with
either 1) a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s)that thirty (30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement
6 shall terminate forthwith, unless the Committee receives, prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attachments as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
11
4) It is understood and agreed to by the parties hereto and the insurance company(s),that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working tinder this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Connnittee.
17
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
19
20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
22
23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the tenns of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee, by formal action, may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
28
7
17. WAIVER AND SEVERABILITY
1
Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be
2 construed to be a waiver of any subsequent or other breach of the same term of any other term herein.
In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
3 void, or unenforceable, the remaining provisions will nevertheless continue in full force without being
4 impaired or invalidated in any way.
5 18. OFFICIAL DOCUMENTS
6 Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent
to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the
7 approved project.
8
9 19. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject
10 matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same
11 shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by
the provisions of the section entitled "Alteration and/or amendment'herein.
12
13 20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT
Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf
14 of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any
15 attachments hereto.
16
21. COMPLIANCE WITH LAW
17 Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in
18 force or which may hereafter be in force with regard to this Agreement. The judgment of any court of
competent jurisdiction, or the admission of Recipient in any action against Recipient, whether
19 Committee is a party thereto or not, that Recipient has violated any such ordinance or statute, shall be
conclusive of that fact as between Recipient and Committee.
20
21 22. CONFLICTS IN INTERPRETATION
22 In the event of conflict in interpretation by the parties of the provisions contained in the numbered
sections of this Agreement and the provisions contained in the Attachments hereto, the provisions of
23 the numbered sections of this Agreement shall prevail over those in Attachments hereto.
24
25
26
27
28
8
1
2 ATTACHMENT A:
3 SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
4
5 In 2004, the SDF Committee partially funded the request for a replacement fire engine to
the Palm Springs fire Department for $225,294.00 In September 2004 the fire
6 department issued a purchase order to Pierce Manufacturing for the purchase of a new
7 fire engine. The total cost of the engine was $393,573.05 and the department augmented
the shortage of$168,279.05.
8
This 2005 Non-Nexus grant request is for S168,279.05 to allow the Indian Gaming
9 Special Distribution Fund to fully fund the fire engine it approved in 2004. Delivery
10 of this fire engine will be in June 2005.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
AGREEMENT A5201
RIVERSIDE COUNTY
I INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
2 AGREEMENT
GRANT OF FUNDS —Fiscal Year 2005/2006
3
4 RECIPIENT: City of Palm Springs Fire Department (AG07-05)
5 The local jurisdiction designated above ("Recipient') is hereby approved for a grant of funds in an
6 amount not to exceed $150,000.00 as sponsored by Agua Caliente Band of Cahuilla Indians and
certified by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"),
7 pursuant to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in
Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments
8 thereto,) as incorporated herein by reference, subject to the following terms and conditions:
9
10
11
12
13
14
15
16
17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
18 Authorized Signature for Committee: Authorized Signature for Recipient:
19
20 K pzvve L Z
Prim7eNa of Person Sigm g Printed Name of Person Sig i
21
ROY WILSON -sr✓i0 ?b
22 Title: Title:
23
Chairman, Community Benefit Committee City Manager
24 Date: Date:
25 11/08/05
26
27 APPROVED BYG"NMANAGER ATTEST:
28
City Clerk
1 0F,QGHl°,,�A L I I D
FY 2004/05
SB 621 Grant Awards
Requested Awarded FY 03/04 New
Identifier Jurisdiction Project Funding Funding MYP? * MYP? * ITCA
Yes,this is the second
Palm Springs Downtown Experience Office- year of a five year
AG4 Police Dept "Casino Officers" $309,040 $61,808 funding commitment. Agua Caliente
County Yes,this is the second
Sheriffs Hire five deputies and purchase year of a five year
AG33 Department associated equipment $2,503,401 121,951 funding commitment. Agua Caliente
Yes,this is the second
Palm Springs Casino officers crime prevention year of a five year
AG12 Police Dept &equipment $950,000 $190,000 funding commitment. Agua Caliente
Fund 50% of six(6)firefighter
positions added to address the Yes,this is the second
increased visitors to downtown year of a five year
AG15 Palm Springs Palm Springs $1,587,700 $317,540 funding commitment. Agua Caliente
Designated in FY
03f04 for award in
-_ -- EAttorney
Replacement of Paramedic 05/06,but not a multi-
AG07-05 squad vehicle $150,000 $150,000 year project Agua Caliente
Investigation and prosecution of Yes,this is the second
crimes connected to or affecting year of a five year
AG8 the casinos. $1,567,249 $42,597 funding commitment. Agua Caliente
Yes,this is the second
Palm Springs year of a five year
AG2 Police Dept Drug Prevention Program $224,663 $19,823 funding commitment. lAgua Caliente
* Multi-Year Project
1 1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
2 respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
3
Committee: Recipient:
4
County of Riverside Executive Office City of Palm Springs Fire Department
5 Attn: Jennifer Sargent Chief Blake Goetz
4080 Lemon Street, 4ch 300 N. El Cielo Road
6 Riverside, California 92501 Palm Springs, CA 92262
7 Or to such other address(es) as the parties may hereafter designate.
8
9 2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available
10 to the Committee from the California State's Indian Gaming Special Distribution Fund for the
11 piuposes of this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the State of California, which may affect the provisions,
12 terms or funding of this Agreement in any manner.
B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this
13 Agreement shall be amended to reflect any reduction in funds.
14 C. The Committee retains the option to amend this Agreement to reflect any reduction of funds.
D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office.
15
16 3. TERM
The terns of this Agreement shall be from July 1, 2005, to and including June 30, 2006. Recipient
17 shall perform all work and requirements as stated in Paragraph 6 (below)by June 30, 2006, however,
18 the completion date for capital improvement projects may be extended by Committee. Recipient of
multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30`h of
19 each year, however, the completion date for capital improvement projects may be extended by
Committee. This Agreement shall be subject to termination by Committee immediately upon notice
20 to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of
the Agreement except by either formal amendment or certified grants on multiyear basis as expressly
21 approved by the Committee.
22
23 4. TERMINATION
1) Termination for cause:
24 a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
25 performance of this Agreement or material breach of any of its provisions, Committee
may, at the Committee's sole discretion, terminate this Agreement by written notice,
26 which shall be effective upon receipt by Recipient.
b. Due to State's Non-Appropriation, Termination may occur if no funds or insufficient
27 funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
28
2
1 5. DEFINITIONS
"Recipient" means any city, county, or special district to which an Agreement is awarded and which
2 shall be accountable to the Committee for the use of funds provided.
3 6. SCOPE OF WORKMERFORMANCE AND REQUIREMENTS OF RECIPIENT
4 A. Incorporation by Reference of the Application Submission of Recipient. The
5 application submission of Recipient is hereby incorporated by reference to the extent that the
application has not been altered or amended by the provisions of Attachment A hereto.
6 B. Requirements per S.B. 621.
7 (1) Recipient shall not use any part of this grant money for any purpose that would
support or fund, directly or indirectly, any effort related to opposition or challenge to
8 Indian gaming in the state, and, to the extent any awarded grant is utilized for any
9 prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that
10 prohibited use, the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
11
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
12 other mechanism, which states that the local government project received funding from the
13 Indian Gaming Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant is derived. For Recipients of the
14 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County
paying tribes shall be credited on such public notice, in addition to the Tribe to which
15 application was made.
16
17 7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee, Recipient agrees to fully
18 reimburse any and all funds received from the State Controller's Office where such funds are not or
have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB
19 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or
20 the State.
21
8. FISCAL AUDIT, REPORT AND RECORDS
22 A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A
23 template for the quarterly financial report will be provided to recipient. Quarterly financial
reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006; April 17,
24 2006; July 17, 2006.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
25 covering the fiscal year in which funds are received or services provided, pursuant to this
Agreement. Such audit shall be performed by an independent auditor, using generally
26 accepted accounting principles.
27 C. Every Recipient of funds shall provide the Committee an annual report of services performed
through the use of the grant funds. This report shall contain all information required to enable
28 the Committee to perform its duties.
3
I D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2006.
2 D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
3 E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of
Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully
4 cooperate with this audit and shall provide all requested information and/or documentation.
5 F. Recipient shall retain such reports and all records associated with this Agreement for at least
five (5) years following the close of the fiscal year for which this Agreement is in effect or
6 until any County, State or Federal audit(s) is/are completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
7 otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
8 G. Books and records shall be maintained in accordance with general accounting standards for
9 books and record keeping.
10 9. PUBLIC DISCLOSURE OF DOCUMENTS
11 Recipient acknowledges and agrees that information, communications, and docmnents given by or to
12 the Committee, and meetings involving Committee members or staff may be subject to applicable law
on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
13 Committee in order that it may fully comply with the requirements of such laws and regulations.
14
10. GOVERNING LAW AND VENUE
15 A. This Agreement and its construction and interpretation as to validity, performance and breach
16 shall be construed under the laws of the State of California. In the event any provision in this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
17 unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18 B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
19 C. All actions and proceedings arising in connection with this Agreement shall be tried and
20 litigated exclusively in state or federal (if permitted by law and a party elects to file an action
in federal court) courts located in the County of Riverside, State of California.
21
22 11. SUBCONTRACTOR FOR WORK OR SERVICES
23 A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
24 Agreement. Recipient agrees and understands that Committee does not enter into, or assume
any legal relationship with any subcontractor of Recipient for performance under this
25 Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
subcontractor, and further agrees that Recipient may not look to Committee for any payment,
26 liability, or assistance in the remedy of any actual or alleged breach.
27 B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any
Agreement between the Recipient and Committee. Copies of subcontractor agreements
28 between participating third parties, if any, and Recipient, shall be submitted to the Committee
within 30 calendar days from the start date of the Agreement.
4
I
C. An organizational chart should be provided by Recipient, for any new Agreement term,
illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor
2 permits, employee licenses or business, state and/or clinic licenses shall be on file with the
Recipient in order for the subcontractor to perform the proposed services. Subcontractor
3 agreements shall be updated each Agreement term.
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12. INDEPENDENT CONTRACTOR
5 It is understood and agreed that Recipient is an independent contractor and that no relationship of
6 employer-employee exists between the Recipient and Committee. Neither Recipient nor Recipient's
officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of
7 Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the
Committee for any cost or expense the Committee may incur as a result of any claim wherein the
8 claimant alleges any employee/ employer relationship exists between the Claimant and the
9 Committee,
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13. INDEMNIFICATION
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12 Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including
but not limited to, property damage, bodily injury, or death, based or asserted upon any services of
13 Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and
14 fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or
15 awards, on behalf of the Committee in any claim or action based upon such liability.
16 With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at
their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or
17 compromise any such action or claim without the prior consent of Committee; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
18 Recipient's indemnification to the Committee as set forth herein.
19 Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
20 appropriate form of dismissal relieving the Committee from any liability for the action or claim
involved.
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The specified insurance limits required in this Agreement shall in no way limit or circumscribe
22 Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
23 In the event there is conflict between this clause and California Civil Code Section 2782, this clause
24 shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the
Recipient from indemnifying the Committee to the fullest extent allowed by law.
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1 14. INSURANCE
2 Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee
harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense,
3 the following insurance coverages during the term of this Agreement.
4 A. Workers' Compensation:
5 If the Recipient has employees as defined by the State of California, the Recipient shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
6 California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with
7 limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Alternate
8 Employer Endorsement.
9 B. Commercial General Liability:
10 Cormercial General Liability insurance coverage, including but not limited to, premises liability,
contractual liability,products and completed operations liability, personal and advertising injury, cross
1 I liability coverage and employment practices liability, covering claims which may arise from or out of
12 Recipient's perforrance of its obligations hereunder. Policy shall narne the Committee as an Additional
Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single
13 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2)times the occurrence limit.
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15 C. Vehicle Liability:
16 If Recipient's vehicles or mobile equipment are used in the performance of the obligations under
this Agreement, then Recipient shall maintain liability insurance for all owned, non-owned or hired
17 vehicles so used in an amount not less than$1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less
18 than two (2) times the occurrence limit. Policy shall name the Committee as an Additional Insured.
19 D. General Insurance Provisions - All lines:
20 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
21 State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such
requirements are waived, in writing, by Riverside County Risk Manager. If the County's Risk
22 Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
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2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self-insured
24 retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such
25 deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk
Manager before the commencement of operations under this Agreement. Upon notification of
26 deductibles or self insured retention's unacceptable to the Committee, and at the election of the
Country's Risk Manager, Recipient's carriers shall either; 1)reduce or eliminate such deductibles
27 or self-insured retention's as respects this Agreement with the Committee, or 2)procure a bond
which guarantees payment of losses and related investigations, claims administration, and defense
28 costs and expenses.
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3) Recipient shall cause Recipient's insurance carrier(s) to furnish the County of Riverside with
either 1) a properly executed original Certificate(s) of Insurance and certified original copies of
2 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing
by the County Risk Manager, provide original Certified copies of policies including all
3 Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
4 carrier(s)that thirty (30) days written notice shall be given to the County of Riverside prior to any
5 material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement
6 shall terminate forthwith, unless the Committee receives,prior to such effective date, another
properly executed original Certificate of Insurance and original copies of endorsements or certified
7 original policies, including all endorsements and attachments thereto evidencing coverage set forth
herein and the insurance required herein is in full force and effect. Recipient shall not commence
8 operations until the Committee has been furnished original Certificate(s) of Insurance and certified
9 original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all other attachments as required in this Section. An individual
10 authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
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4) It is understood and agreed to by the parties hereto and the insurance company(s), that the
12 Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
13 insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self-
insured programs shall not be construed as contributory.
14 5) Recipient shall pass down the insurance obligations contained herein to all tiers of
15 subcontractors working under this Agreement.
16 6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
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7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
18 that may give rise to a claim arising from the performance of this Agreement.
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20 15. ASSIGNMENT
21 This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written
consent of Committee, as approved and authorized by formal action of the Committee.
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23 16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
25 herein shall be binding on any of the parties hereto. Only the Committee, by formal action, may
authorize any alteration or revision to this Agreement on behalf of the Committee. The parties
26 expressly recognize that individual Committee members, advisory committee members, or staff to the
Committee is without authorization to either change or waive any requirements of this Agreement
27 without formal action of the Committee.
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1 17. WAIVER AND SEVERABILITY
Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be
2 construed to be a waiver of any subsequent or other breach of the same term of any other term herein.
In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
3 void, or unenforceable, the remaining provisions will nevertheless continue in full force without being
4 impaired or invalidated in any way.
5 18. OFFICIAL DOCUMENTS
6 Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent
to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the
7 approved project.
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9 19. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject
10 matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same
11 shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by
the provisions of the section entitled "Alteration and/or amendment' herein.
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13 20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT
Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf
14 of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any
15 attachments hereto.
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21. COMPLIANCE WITH LAW
17 Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in
18 force or which may hereafter be in force with regard to this Agreement. The judgment of any court of
competent jurisdiction, or the admission of Recipient in any action against Recipient, whether
19 Committee is a party thereto or not, that Recipient has violated any such ordinance or statute, shall be
conclusive of that fact as between Recipient and Committee.
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21 22. CONFLICTS IN INTERPRETATION
22 In the event of conflict in interpretation by the parties of the provisions contained in the numbered
sections of this Agreement and the provisions contained in the Attachments hereto, the provisions of
23 the numbered sections of this Agreement shall prevail over those in Attachments hereto.
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2 ATTACHMENT A:
3 SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
4
5 In 2004, the Indian Gaming Special Benefit Committee approved the Palm Springs Fire_
Department's Nexus grant request to fund three (3) firefighter/paramedics in downtown'
6 Palm Springs for $317,540 per year, for five (5) years. The City of Palm Springs
7 matched this grant providing a total of 6 firefighter/paramedics to the department. Those
paramedics have saved lives and greatly enhanced the benefit to the community.
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The Palm Springs Fire Department is requesting an adjustment to the grant to reflect the
9 increased costs for the three paramedics funded by the grant.
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