Riverside Co/Indian Gaming Grant 151
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VERSIDE COUNTY
INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CC)
AGREEMENT
GRANT OF FUNDS — Fiscal Year 2014/2015
CIPIENT: City of La Quinta (A -14)
The local jurisdiction designated above ("Recipient") is hereby approved for a grant of funds in an
amount not to exceed $,.75 as sponsored by Cabazon Band of Mission Indians, Soboba Band o
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"), California 2011 Assembly Bill 1417 ("A
1417") 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:
'' ' - - -Authorized Si nat• .
aT Committeet Recipient:
John J. Benoit
Title:
Chairman, Community Benefit Committee
Date A_ 10 2015
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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:
County of Riverside Executive Office City of La Quinta
A". knitifbi Sargent Chris Escobedo
4041omoii Street, 4" 78-495 Calle Tampico
Riverside, California 92501 La Quinta, CA 92253
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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.
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TERMINATIOII N
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 ftmds.
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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.
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i 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 Co-w-icii(ee-aid/or 6e State.
�8.
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: October 15, 2014, January 15, 2015, April 15,
2015 and July 15, 2015.
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 September 15, 2015.
Di 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) is/are 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 breac
shall be construed under the laws of the State of California. In the event any provision in th
Agreement is determined by a court of competent jurisdiction to be invalid, void
unenforceable, the remaining provisions will nevertheless continue in full force without bein.1111--
impaired or invalidated in any way.
B. The provision of the Government Claims Act (Government Code Section 900 et seq) must b -
followed, first, for any disputes under this Agreement.
C. All actions and proceedings arising in connection with this Agreement shall be tried ans
litigated exclusively in state or federal (if permitted by law and a party e ects to i e an actiol
in federal court) courts located in the County of Riverside, State of California.
kCommittee 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 is
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.
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. Furthermore, 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
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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.
01 With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, a)
1 their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, cr-
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 form of dismissal relieving the Committee from any liability for the action or claim
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25 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.
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27 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
28 Recipient from indemnifying the Committee to the fullest extent allowed by law.
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!0111 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 term of this Agreement.
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.
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 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
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.
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 linesi
1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
State of California and have an A M BEST ratinge of not less than A: VIII (A: 8) unless such
requirements are waived, in writing, by RiversidCounty 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 •. 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 writin,,,P
by the County Risk Manager, provide original Certified copies • {• 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 • the covenant •; 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
DroDerly executed ori inal Certificate of Insurance and original copies of endorsements or certified
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original copies of endorsements and, if requested, certified original policies of insurance including
all endorsements and any and all • attachments as required in this Section. An individual
authorized • the insurance carrier to do • • its behalf, shall sign the original endorsements for
each r• and the Certificate • Insurance.
4) It is understood and agreed to by the parties hereto and the insurance company(s), that the
Certificate(s) • Insurance and r• shall so • 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.
• The insurance requirements contained in this Agreement may be met with a program(s) •
self-insurance acceptable to the •
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.
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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Commiriee is wittiout autnorization to eit Mange or waive any reqI I I M 1-SDSgT=((JV1T11
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 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,
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 subje
matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the sam
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. I
20. CERTIFICATION OF AUTHOM1*111 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
,?.Xa6-tce.-t.ts 1ereto.
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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2 ATTACHMENT Ac
3 SCOPE OF WORK/PERFORMANCETARGET OUTLINE
4 The City of La Quinta will use these grant funds to contribute toward enhanced traffic
5 enforcement programs on the corridors connecting to Augustine Casino. The City intends to work in
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tandem with Augustine Casino to provide additional resources during high traffic events, suchasfestivals
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8 or special promotions that increase traffic to the Casino. In addition, speed enforcement measures will be
9 implemented at major intersections and additional DUI checkpoints will be initiated to reduce the number
10 of incidents in the southeastern area of the City.
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TO:
Frank J. Spevacek, City Manager
FROM:
Lisa Chaudhry
DATE:
March 25, 2015
RE: Acceptance of grant funds in the amount of $38,026 from California's
Indian Gaming Special Distribution Fund for traffic -related law
enforcement services specific to the Augustine Casino area..
Please sign original and return them to the City Clerk for processing and distribution,
AGENDA CATEGORY:
CITY / SA/ HA/ FA MEETING DATE: September 16, 2014
ITEM TITLE: ACCEPT GRANT FUNDS FROM BUSINESS SESSION:
CALIFORNIA INDIAN GAMING SPECIAL CONSENT CALENDAR: 7
DISTRIBUTION FUND, TRILOGY AT LA QUINTA
COMMUNITY SERVICES ORGANIZATION, AND STUDY SESSION:
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE PUBLIC HEARING:
GRANT 2014; ESTABLISH THE NECESSARY CITY
FUNDS; AND APPROPRIATE GRANT FUNDS
RECOMMENDED ACTION:
Accept grant funds in the amount of $38,026 from California's Indian Gaming
Special Distribution Fund, $48,400 from Trilogy at La Quinta Community Services
Organization, and $12,978 from the Edward Byrne Memorial Justices Assistance
Grant 2014, establish the necessary City funds in order to accept these grants, and
appropriate said funds to the La Quinta Police Department for their use as defined
in the grant applications.
EXECUTIVE SUMMARY:
• On March 18, 2014, Council authorized the City Manager to submit two
grant applications .to the Riverside County Indian Gaming Local Community
Benefit Committee for traffic -related law enforcement services specific to the
Augustine Casino area.
• In June 2014, the City received notice that one of the two grants was
approved for $38,026.
• On June 3, 2014, Council authorized the City Manager to submit a grant
application to the Trilogy at La Quinta Community Services organization for a
new "Citizens on Patrol" vehicle and submittal of a grant to the Edward
Byrne Memorial Justice Assistance Grant (JAG) for traffic safety devices and
computer system upgrades.
• Late June 2014, the City received notice that the grant was approved for
$48,400 from Trilogy at La Quinta Community Services organization.
• In August 2014, the City received noticed that it was awarded $12978
through JAG.
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Committee Members
John J. Benoit, Chairman
4rh District Supervisor
Butch Murphy
Council Member, Pechanga
Band of Luiseno Indians
Michael Wilson
Council Member, Indio
Marion Ashley
5th District Supervisor
Scott Cozart
Member, Soboba Band
of Luiseno Indians
Steve Pougnet
Mayor, Palm Springs
Vacant
City Representative
Alternates
Vacant
Tribal Representative
Kevin Jeffries
1st District Supervisor
Vacant
City Representative
To. Indian Gaming Mitigation Grant Recipients
From: Jennifer Sargent, Principal Management AnalySY4��
Riverside County Executive Office
Date: March 16, 2015
Subject: Fiscal Year 2014/15 Grant Agreement
(State grant fiscal year 2013/14)
The Indian gaming mitigation grant agreement(s) between your
agency and the Community Benefit Committee is(are) attached
for signature.
The agreement must be signed by an individual authorized to
enter your agency into a binding agreement. Once signed,
please return the original document to my attention at the address
shown below.
The template for quarterly project reporting is also attached, for
your convenience (or find it on our website: i rsi -
Tri I .or_ ).
If additional information/clarification is needed, please don't hesitate
to call me at (951) 955-1115 or write Jsargent@RCE®.org
4080 Lemon Street • 4th Floor 9 Riverside, California 92501 # (909) 955-1110 * Fax (909) 955-1105