Riverside Co/Indian Gaming Grant 111
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RIVERSIDE COUNTY
INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC)
AGREEMENT
GRANT OF FUNDS — Fiscal Year 2011/2012
RECIPIENT: City of La Quinta (AU04-10)
The local jurisdiction designated above (`Recipient') is hereby approved for a grant of funds in an
amount not to exceed $105,844.00 as sponsored by Agua Caliente Band of Cahuilla Indians, Cabazon
Band of Mission Indians, Morongo Band of Mission Indians, Pechanga Band of Luiseno Mission
Indians, Soboba Band of Luiseno Indians and Twenty -Nine Palms Band of Mission Indians and
certified by the Riverside County Indian Gaming Local Community Benefit Committee (`Committee"),
pursuant to California 2003 Senate Bill 621 ("SB 621"), California 2005 Senate Bill 288 ("SB 288"),
California 2008 Assembly Bill 158 (AB 158"), California 2010 Senate Bill 856 ("SB 856") to provide
services as set forth in Attachment A (attached hereto and in Application, with attachments thereto,) as
incorporated herein by reference, subject to the following terms and conditions:
IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement.
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Printed me of rson Signing: Printed Name of Person Signing:
John J. Benoit I Mark Weiss
Title: Title: Interim City Manager
Chairman, Community Benefit Committee
Date: Date:
NOV 1. 5 aii o coM(w ZI, loll
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1. NOTICES
All correspondence and notices required or contemplated by this grant shall be delivered to the
respective parties at the addresses set forth below and are deemed submitted one day after their
deposit in the United States mail, postage prepaid:
Committee: Recipient:
County of Riverside Executive Office City of La Quinta
Attn: Jennifer Sargent Oscar Santana
4080 Lemon Street, 4°i 78-495 Calle Tampico
Riverside, California 92501 La Quinta, CA 92253
Or to such other address(es) as the parties may hereafter designate.
2. SOURCE AND SCOPE OF FUNDING
A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available
to the Committee from the California State's Indian Gaming Special Distribution Fund for the
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,
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
Agreement shall be amended to reflect any reduction in funds.
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.
3. TERM
The term of this Agreement shall be from July 1, 2011, to and including June 30, 2012. Recipient
shall perform all work and requirements as stated in Paragraph 6 (below) by .tune 30, 2012, however,
the completion date for 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 30rh of each year, however,
the completion date for projects may be extended by Committee. This Agreement shall be subject to
termination by Committee immediately upon notice 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 approved by the Committee.
4. TERMINATION
1) Termination for cause:
a. Due to Default or Breach of Agreement. Upon default by the Recipient in the
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,
which shall be effective upon receipt by Recipient.
b. Due to State's Non -Appropriation. Termination may occur if no funds or insufficient
funds are available for payments. Termination shall be effective immediately upon
written notification of a decrease or elimination of funds.
IN,
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5. DEFINITIONS
"Recipient" means any city, county department or special district to which an Agreement is awarded
and which shall be accountable to the Committee for the use of funds provided.
6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT
A. Incorporation by Reference of the Application Submission of Recipient. The
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.
B. Requirements per S.B. 621, S.B. 288 and A.B. 158.
(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
Indian gaming in the state, and, to the extent any awarded grant is utilized for any
prohibited purpose by any local government, upon notice given to the county by any tribe
from whose Individual Tribal Casino Account (1TCA) the awarded grant went toward that
prohibited use, the grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
(2) Recipient shall provide notice to the public, either through a slogan, signage, or
other mechanism, which states that the local government project received funding from the
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
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
application was made.
(3) Recipient shall deposit all funds received in an interest bearing account and use the
interest from those funds for the mitigation project described in Attachment A.
(4) City/County school districts and community college districts are specifically
prohibited from receiving Special Distribution Fund.
(5) Should Recipient use a grant for any unrelated purpose, the grant shall terminate
immediately and any funds not yet spent shall revert to the Indian Gaming Special
Distribution Fund.
7. REIMBURSEMENT OF FUNDS
Notwithstanding any other provision herein, upon request of the Committee, Recipient agrees to fully
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
621, SB 288 and AB 158. The terms and conditions of reimbursement shall be the sole discretion of
the Committee and/or the State.
8. FISCAL AUDIT, REPORT AND RECORDS
A. Every Recipient of funds shall provide the Committee with a quarterly financial report. A
template for the quarterly financial report will be provided to recipient. A quarterly financial
report shall be submitted to the Committee on: September 29, 2011, January 15, 2012, April
15, 2012 and July 15, 2012.
B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit
covering the fiscal year in which funds are received or services provided, pursuant to this
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Agreement. Such audit shall be performed by an independent auditor, using generally
accepted accounting principles.
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
the Committee to perform its duties.
D. The financial audit and report of services performed shall be submitted to the Committee
Chairperson, or designee, on or before August 31, 2012.
D. The Committee reserves the right to conduct its own audit pertaining to the use of grant
moneys by the Recipient.
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
cooperate with this audit and shall provide all requested information and/or documentation.
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
until any County, State or Federal audit(s) Ware completed, whichever is later. This
obligation is not terminated upon termination of this Agreement, whether by recession or
otherwise. Recipient agrees to require any subcontractors to retain all records associated with
the Agreement for the same time period.
G. Books and records shall be maintained in accordance with general accounting standards for
books and record keeping.
9. PUBLIC DISCLOSURE OF DOCUMENTS
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
on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the
Committee in order that it may fully comply with the requirements of such laws and regulations.
10. GOVERNING LAW AND VENUE
A. This Agreement and its construction and interpretation as to validity, performance and breach
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
unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be
followed, first, for any disputes under this Agreement.
C. All actions and proceedings arising in connection with this Agreement shall be tried and
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.
11. SUBCONTRACTOR FOR WORK OR SERVICES
A. Committee does not recognize subcontractors under this Agreement. Committee holds
Recipient solely responsible for the performance of all duties and obligations under this
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
Agreement. Recipient agrees to remedy any and all breaches of any agreements with any
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subcontractor, and further agrees that Recipient may not look to Committee for any payment,
liability, or assistance in the remedy of any actual or alleged breach.
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
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.
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
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
agreements shall be updated each Agreement term:
12. INDEPENDENT CONTRACTOR
It is understood and agreed that Recipient is an independent contractor and that no relationship of
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
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
claimant alleges any employee / employer relationship exists between the Claimant and the
Committee.
13. INDEMNIFICATION
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
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
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.
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
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
Recipient's indemnification to the Committee as set forth herein.
Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the
appropriate forni of dismissal relieving the Committee from any liability for the action or claim
involved.
The specified insurance limits required in this Agreement shall in no way limit or circumscribe
Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims.
In the event there is conflict between this clause and California Civil Code Section 2782, this clause
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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14. INSURANCE
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,
the following insurance coverage during the tern of this Agreement.
A. Workers' Compensation:
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
California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with
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
Employer Endorsement.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability,
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
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
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.
C. Vehicle Liability:
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
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
than two (2) times the occurrence limit. Policy shall name the Committee as an Additional Insured.
D. General Insurance Provisions - All lines:
1) , Any insurance carrier providing insurance coverage hereunder shall be admitted to the
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
Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self -insured
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
Manager before the commencement of operations under this Agreement. Upon notification of
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
or self -insured retention's as respects this Agreement with the Committee, or 2) procure a bond
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which guarantees payment of losses and related investigations, claims administration, and defense
costs and expenses.
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
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
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
carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any
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
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
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
operations until the Committee has been furnished original Certificate(s) of Insurance and certified
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
authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for
each policy and the Certificate of Insurance.
4) It is understood and agreed to by the parties hereto and the insurance company(s), that the
Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
insurance, and the Committee's insurance and/or deductibles and/or self -insured retentions or self -
insured programs shall not be construed as contributory.
5) Recipient shall pass down the insurance obligations contained herein to all tiers of
subcontractors working under this Agreement.
6) The insurance requirements contained in this Agreement may be met with a program(s) of
self-insurance acceptable to the Committee.
7) Recipient agrees to notify Committee of any claim by a third party or any incident or event
that may give rise to a claim arising from the performance of this Agreement.
15. ASSIGNMENT
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.
16. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
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
expressly recognize that individual Committee members, advisory committee members, or staff to the
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Committee is without authorization to either change or waive any requirements of this Agreement
without formal action of the Committee.
17. WAIVER AND SEVERABILITY.
Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be
construed to be a waiver of any subsequent or other breach of the same tern of any other term herein.
In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
18. OFFICIAL DOCUMENTS
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
approved project.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject
matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same
shall be deemed to be merged herein. Any modifications to the ternis of this Agreement shall be by
the provisions of the section entitled "Alteration and/or amendment" herein.
20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT
Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf
of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any
attachments hereto.
21. COMPLIANCE WITH LAW
Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in
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
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.
22. CONFLICTS IN INTERPRETATION
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
the numbered sections of this Agreement shall prevail over those in Attachments hereto.
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ATTACHMENT A:
SCOPE OF WORK/PERFORMANCE TARGET OUTLINE
Continuation of salary and benefits of an additional motor officer to assist with increased
traffic generated by patrons traveling to and from the Augustine Casino, via the City of La
Quinta's roadways.
E