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HomeMy WebLinkAbout2007-361 , . " I ., I . r~ -", 1 2 RESOLUTION NO. 2007-361 3 4 5 6 SOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY F SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO XECUTE AND ADMINISTER TWO GRANT AGREEMENTS WITH THE OUNTY OF SAN BERNARDINO CONCERNING THE USE OF FY 07-08 NDlAN GAMING SPECIAL DISTRIBUTION FUNDS. E IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. That the City Manager is authorized to execute and administer a 10 grant agreement (attached and incorporated herein as Exhibit "A") with the County of San 11 Bernardino concerning the use of Indian Gaming Special Distribution Funds in the 12 amounts of $398,190.82 to be used specifically for street improvements in the area 13 impacted by the San Manuel Indian Bingo and Casino. 14 15 SECTION 2. 16 That the City Manager is authorized to execute and administer a grant agreement (attached and incorporated herein as Exhibit "B") with the County of San 17 Bernardino concerning the use of Indian Gaming Special Distribution Funds in the 18 19 amounts of $806,900.00 to be used specifically for designated law enforcement services in 20 the area impacted by the San Manuel Indian Bingo and Casino. 21 22 SECTION 3. This resolution is rescinded if the parties to the contracts fail to 23 execute the contracts within sixty (60) days of passage of the resolution. 24 25 26 27 28 IIII IIII .". , L. SOLUTION...AUTHORIZING THE CITY MANAGER TO EXECUTE AND MINISTER TWO GRANT AGREEMENTS WITH THE COUNTY OF SAN ERNARDINO CONCERNING THE USE OF FY 07-08 INDIAN GAMING PECIAL DISTRIBUTION FUNDS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor nd Common Council of the City of San Bernardino at a regular meeting thereof, held on the Oth day of August, 2007, by the following vote, to wit: 8 Council Members: 9 ]0 ESTRADA ]] BAXTER ]2 BRINKER ]3 DERRY 14 KELLEY ]5 JOHNSON MCCAMMACK Ayes Nays Abstain Absent X X X X X - X X - ]6 17 18 19 20 2] 22 23 24 Approved as to form: y~...J.J h. ~ City Clerk The foregoing resolution is hereby approved this ~ of August 2007. ~rriS'MaYOr City of San Bernardino 25 'J,t~ 26 F. Penman, City Attorney 27 28 1 ,. 2007-361 '-4 SAN BERNARDINO COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE GRANT AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO CONCERNING USE OF INDIAN GAMING SPECIAL DISTRIBUTION FUNDS This Grant Agreement is entered into between the County of San Bernardino (hereinafter County), as delegated by the San Bernardino County Indian Gaming Local Benefit Committee (hereinafter Committee), and the City of San Bernardino (Grantee), pursuant to California Government Code Section 12715. WHEREAS, Grantee subrnitted an application to the Committee for a rnitigation project fully described in its application attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Grantee is the recipient of a Grant in an amount not to exceed $806,900 as sponsored by San Manuel Band of Mission Indians and approved by the Committee on April 19, 2007 from the Indian Gaming Special Distribution Fund for the County of San Bernardino; and WHEREAS, the County is charged with administering Grants awarded from the Indian Gaming Special Distribution Fund; and WHEREAS, the legislation that created the Special Distribution Fund requires that Grantee's use of the Grant funds meet certain specified conditions; NOW, THEREFORE, the parties agree as follows: I. Purpose of Grant Grantee shall use the grant funds provided by the State Controller's Office solely for the purposes identified in Exhibit A. In addition, the following conditions were imposed by the Committee for use of the grant funding: . Grant funding shall be used specifically to fund law enforcement service in the area impacted by the San Manuel Indian Bingo and Casino. 2. Source and Scope of Fundinl! This grant award ("Agreement") is valid and enforceable only if sufficient funds are available to the Committee from the State of California'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, tenns, or funding of this Agreement in any manner. 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. The Committee retains the option to amend this Agreement to reflect any reduction of funds. The grant funds shall be disbursed directly to the Grantee by the State Controller's Office. 3. Term of Al!reement The term of this Agreement shall be from July I, 2007 through June 30, 2008. Funding is for one year only. There is no commitment for future years. 4. Restrictions on Use of Grant Funds As required by California Government Code Section 12715(h), grant funds shall not be used for any purpose that would support or fund, directly or indirectly, any effort related to opposition or challenge to Indian gaming in the the State of California 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 the ,- 2007-361 Indian Gaming Local Community Benefit Committee Grant Agreement for 2006/07 funds Page 2 of4 '-< awarded grant went toward that prohibited use, the grant sball tenninate immediately and any monies not yet used shall again be made available for qualified nexus grants to other grantees. 5. Notice To the Public As required by California Government Code Section 12715(i), Grantee sball provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project bas received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant derives; for this grant the Individual Tribal Casino Account is that of the San Manuel Band of Mission Indians. 6. Documentation of Exuenditures/Committee Uudates Grantee shall provide in detail a written report accounting for of all actual expenditures of the grant funds provided under this Agreement. Grantee sball submit this documentation to the County Administrative Office by September 1,2007, using actual data available to date and estimated data for the remainder of the grant period, and again by July 31, 2008 using actual data for the entire grant period. The report should include a description of the project, a description of how the project mitigates the impact of tribal ganting, the total expenditures for the project, all administrative costs related to the project, and funds remaining (or anticipated to remain) at the end of the fiscal year for the project. Grantee shall provide the Committee project updates on the implementation status of the project (approximate time frame October/November 2007) and during the next year's grant application process (approximate time frame Marchi April 2008). 7. Administrator of Al!reement The County Administrative Office of the County sball adntinister this Agreement on behalf of the Committee and the County, and the Mayor of the City of San Bernardino, shall adntinister it on bebalf of Grantee. 8. Notice All notices sball be served in writing. The notices sball be sent to the following addresses: County: County Administrative Office County of San Bemardino Attn: Briana Lane 687 North Arrowhead Avenue, Fifth Floor San Bernardino, CA 92415-0122 (909) 387-5301 Grantee City of San Bernardino Attn: Mayor Pat Morris 300 N. "0" Street San Bernardino, CA 92418 (909) 384-5133 9. Audit and Insuections ofReeords Grantee sball maintain records and documentation necessary to comply with a required State audit every three years. Grantee shall cooperate with County in the implementation, monitoring, and evaluation of this Agreement and comply with any and all reporting requirements established by County and/or State, and agreed upon by the parties. Availability of Records: All fiscal, statistica~ and management books and records sball be available for examination and/or audit by the County, and/or State representatives for a period of five (5) years following the close of the fiscal year in which this Agreement is in effect or until all pending County and/or State audits are completed, whichever is later. I I 2007-361 ,- Indtan Gaming Local Community Benefit Committee Grant Agreement for 2006/07 funds Page 3 of4 'J 10. Termination of Al!reement for Cause If Grantee fails to perform its obligations according to this Agreement, the grant shall terminate inunediately and any monies not yet used shall be returned to the County Administrative Office within 30 days of receipt of a written notice from the County. The County may also seek any and all legal and equitable remedies available to it against Grantee for breaching this Agreement. 11. Termination for Convenience of Grantee Grantee may terminate this Agreement at any time by giving written notice to the County Administrative Office of such termination and specifYing the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination, Grantee shall provide the County Administrative Office with documentation of grant expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to the County all funds under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by the County Administrative Office, as of the effective date oftermination. 12. Assil!nment Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. 13. Independent Capacity (Non-County Al!encies Onlv) In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity, and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 14. Defense and Indemnity (Non-County Al!encies Onlv) County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collectively "County Parties") against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees with legal counsel acceptable to the County and court costs (collectively, "Claims"), which arise out of or are in any way counected to the provision of funds and/or Grantee's use of funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. 15. Governinl! Law This Agreement shall be construed and interpreted according to the laws of the State of California. 16. Complete Al!reement This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. I I 2007-361 Indi'an Gaming Local Community Benefit Connnittee Grant Agreement for 2006/07 funds Page 4 of4 '--" 17. Waiver The failure of either party to enforce any term, covenant or condition of tlris Agreement shall not be construed as a waiver of that party's right to subsequently enforce tlris, or any other term, covenant, or condition of tlris Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. WHEREFORE, the parties each freely and voluntarily agree to all of the terms and conditions recited above. COUNTY OF SAN BERNARDINO :TY~ARD<NO Fred W' so City Manager, City of San Bernardino By: ~~~_ Mark Uffer County Administrative Officer Date: 'ft~ h7 , Date: ~yo7 Approved as to form By: James F. Penman, City Attorney, City of San Bernardino ~ II 2007-361 ' ~'.5o Q) D RECEIVE-D . FEB 02 2007 COUNlY ADMINISTRATIVE OFFICE SAN BERNARDINO COUNlY San Bernardino County Indian Gaming Local Community Benefit Committee Grant Application (2007/08) Name of jurisdiction: CITY OF SAN BERNARDINO Project Title: SB 621 - POLICE OFFICERS / PUBLIC SAFETY Brief Project Description: CONTINUED FUNDING OF SIX (6) POLICE OFFICER POSITIONS AND ONE (1) POLICE SERGEANT POSITION DEDICATEDF TO THE EASTERN DISTRICT COMMAND. IN ADDITION, FUNDING IS REQUESTED FOR ONE (1) CORPORAUDETECTIVE POSTION AND EQUIPMENT. Amount of mitigation funding requested for this project: $ 1,082,700.00 Contact Person: Phone: Fax: E-mail Address: PEGGI HAZLETT (909) 384-5133 (909) 384-5067 haztett...pe@sbcity.org Grant TVDe Type of grant for which you are applying: (a project may qualify for more than one category) X 600/. Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund and that meet a minimum of two criteria listed below qualify for this grant category. (Local jurisdictions may qualify for both the 60% and the 20% categories.) Please check the lellers that apply: (must meet a minimum of two nexus criteria) o a. City, County, or Special District jurisdiction that borders the tribal lands on all sides; X b. City, County, or Special District jurisdiction that partially borders tribal lands; X c. City, County, or Special District that maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within 4 miles; . Name and location of highway, road or other thoroughfare maintained: Victoria Avenue X d. Allor a portion of the City, County, or Special District jurisdiction that is located within 4 miles of the casino. Funding for this grant category will be awarded based upon the number of criteria met by the local jurisdiction. Within each funding level the funding will be distributed in equal proportions to qualifying local jurisdictions. If a local jurisdiction qualifies at the 4 nexus funding level, then they also qualify at the 3 and 2 nexus funding levels. If a local jurisdiction qualifies at the 3 nexus funding level, then they also qualify at the 2 nexus funding level. ~ 50% of funding awarded to jurisdictions meeting all 4 nexus test criteria ~ 30% of funding awarded to jurisdictions that meet 3 of the nexus test criteria ~ 20% of funding awarded to jurisdictions that meet 2 of the nexus test criteria X 20% Non-Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund qualify for this grant category. (Local jurisdictions may qualify for both the 60% and the 20% categories.) X 20% Non-Paying Non-Nexus Grant Category - Local Jurisdictions impacted by tribal casinos that do not pay into the Special Distribution Fund qualify for this grant category. Also, one-time capital projects or countywide projects that mitigate the impact of tribal casinos qualify for this grant category. .' EXN/8 It /I' \\ ~~ 2007-361 "" San Bemardino County Indian Gaming Local Community Benefit Committee Grant Application (2007/08) . Page2of3 Proiect DescrlDtion Complete description of the project. including the effects it will have on the specific casino impacts described below. See "Attachment A" Prolect Costs What is the total cost of the project? $ 1,082.700.00 Amount of mitigation funding requested for this project: $ 1.082.700 Grant request is: xx single-year grant _ multi-year grant (specify number of years) _ Name other sources of funding that will be contributed to the project and the amount provided by each source: None. Estimated project costs (attach additional information. if necessary): See "Attachment B" What is the project time frame? July 1. 2007 to June 30. 2008. Will the project be competitively bid? Yes X No Is the project subject to Public Works requirements? Yes X No Given the limitation of funding. please provide information for the Committee on the effect to the project if the Committee approves a reduced grant amount. Is the project still viable? Identify, if possible. project breakpoints that the committee could consider. Project would see be viable iffunding were to be reduced. Please see "Attachment B" for line items/breakpoints. ImDacts of Tribal Casino Describe the impacts associated with the Tribal casino and/or gaming (please include historical data. if available). See "Attachment A" 2007-361 'San Bemardino County Indian Gaming Local Community Benefit Committee Grant Application (2007108) Page 3 of 3 Mitigation funding is desired for impacts associated with: San Manuel Band of Mission Indians Binco and Casino. (Casino Name) How will your project mitigate the impacts associated with the Tribal casino and/or gaming described above? Provide law enforcement to the non-reservation area surrounding the San Manuel Band of Mission Indians Bingo and Casino facility. Project mitigates the following priorities (check all that apply): X Law enforcement D Fire services D Behavioral Health D Child care programs Other (briefly describe t D Environmenlai impacts D Emergency medical services D Recreation & Youth programs D Planning & adjacent land uses D Waste disposal D Water supplies D Public Health D Roads Grant Reaulrements . To be considered for funding, this grant application will be reviewed by and must receive Tribal sponsorship from the Tribe that pays into the Indian Gaming Special Distribution Fund. . Approved grant applications will require: o Approval by local jurisdictions of an agreement with the Caunty of San Bemardino, acting on behalf of the Cammittee. o Project updates and required reports to be submitted to the Committee. . As required by Califomia Government Code section 12715(i), a local jurisdiction that is a recipient of a grant shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project has received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant derives. Local Jurisdiction Information Legal address of jurisdiction: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Federal Tax 10 Number: 95-6000-772 ~~-3J Authorized Signature of Applicant (Please print and sign) February 2, 2007 Date Mayor Title 2007-361 . Attachment 'A' CITY OF SAN BERNARDINO - SB 621 POllCE OFFICERS Project Description Section 12012.85 of the Government Code provides that funding deposited into the Indian Gaming Special Distribution Fund are available for specified purposes, including grants for the support of local government agencies impacted by tribal gaming. Funding is deposited into each county's County Tribal Casino Account by a defined formula. The State Controller, acting in consultation with the California Gaming Control Commission, then divides the County Tribal Casino Account into Individual Tribal Casino Accounts for each tribe that operates a casino within the county based. The amount is based on the percentage that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund. In FY 2004/05, the City of San Bernardino, on behalf of the Police Department, was the recipient of an Indian Gaming Local Community Benefit grant in the amount of $578,501.95 from the Indian Gaming Special Distribution Fund. Grant funding was used to mitigate the impact of the San Manuel Band of Serrano Indians' Bingo and Casino facility. Using grant funding, the police department deployed two additional police officers each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino. To accommodate this deployment, the police department added five additional police officer positions to the table of organization. One police sergeant's position was added to maintain the appropriate, one supervisor for each five officers ratio required for adequate field supervision. Additionally, grant funding was used to purchase two marked police units. For FY 2005/06, the City of San Bernardino on behalf of the Police Department was the recipient of an Indian Gaming Local Community Benefit Committee grant in the amount of $700,000 from the Indian Gaming Special Distribution Fund. Grant funding was used to mitigate the impact of the San Manuel Band of Serrano Mission Indians Bingo and Casino facility. Using grant funding for six (6) police officer positions, the Police Department deployed two additional police officers each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino facility. One police sergeant's position was funded to maintain the appropriate, one supervisor for each five officers ratio required for adequate field supervision. For FY 2006/07, the City of San Bernardino on behalf of the Police Department was once again the recipient of an Indian Gaming Local Community Benefit Committee grant in the amount of $700,000 from the Indian Gaming Special Distribution Fund. Grant funding was used to mitigate the impact of the San Manuel Band of Serrano Mission Indians Bingo and Casino facility by continuing the deployment of six (6) police officer positions and one police sergeant each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino facility. 2007-361 For FY 2007/2008, $1,990,958 (after deducting a 2% administrative cost) is available in the Indian Gaming Special Distribution fund for local grant awards. The Chief of Police has determined the staffing and equipment needs for the Police Department to mitigate the impact of the casino facility and the City of San Bernardino is submitting a grant application in the amount of $1 ,082,700. Grant funding will be utilized to fund the following items: . Continuing salary and benefits for six (6) police officer positions. . Continuing salary and benefits for one police sergeant position. . Salary and benefits for one corpora1ldetective position for FY 2007/2008 to serve as a relief. supervisor and as a detective to conduct follow-up investigations of crimes occurring in areas surrounding the Reservation. . Purchase two replacement marked Ford Crown Victorias. . Purchase and equip one unmarked detective vehicle. . Purchase a traffic support trailer equipped with traffic cones, barricades to respond to traffic congestion issues and to support emergency evacuations around the Reservation. . Purchase eight Motorola portable radios with single unit chargers for grant personnel. . Purchase eight digital recorders for grant personnel. These expenditures are included in the proposed grant budget and narrative (Attachment B). 2 2007-361 Attachment 'B' SAN BERNARDINO POLICE DEPARTMENT FY 06/07 INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT LINE ITEM BUDGET Description Costs (6) police officers (P-I 's) $ 655,600 (I) police corporal/detective (P-2) 129,800 (I) police sergeant (P-3) 151.300 Total personnel costs $936,700 (2) replacement marked Ford Crown Vicorias $ 53,100 (I) fully equipped, unmarked unit withMDC 37,400 (I) traffic support trailer 26,200 (8) handi-ta1kie (HT) portable police radios and battery chargers 24,700 (8) digital voice recorders 4.600 Total capital outlay $146,000 TOTAL GRANT BUDGET $1,082,700 ., 2007-361 SAN BERNARDINO POLICE DEPARTMENT FY 2007/08 INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT BUDGET NARRATIVE Personnel Costs Police Officers - The SB 621 grant provided funding for six (6) additional police officer positions in FY 2006-07. Two officers are assigned on day shift, two on graveyard and two officers on a mid-afternoon cover shift. These officers provide 24/7 genera1law enforcement services in the residential and business areas surrounding the San Manuel. Police Corpora1lDetective - This new position will serve as a relief supervisor in the sergeant's absence and as a detective to conduct follow-up investigations of crimes occurring in areas surrounding the San Manuel Indian Reservation. Police Sergeant - The SB 621 grant provided funding for a Police Sergeant position in FY 2007-08. This position directly supervises and deploys other grant personnel funded by the SB 621 grant. Capital Outlav Marked Police Units - Two (2) replacement marked police units to replace the units purchased with Indian Gaming grant funds in FY 2004-05. Unmarked Police Unit - This vehicle will be used by the new grant corporal/detective position for transportation and to respond to significant calls for service requiring immediate follow-up investigations. Motorola Portable Radios - Portable radios will be issued to the eight (8) grant funded positions. Portable radios allow field personnel to communicate between themselves and Police Dispatch when they are away from their vehicles. Traffic Support Trailer - A support trailer stocked with traffic cones and road barricades is needed to address traffic congestion issues around the San Manuel Indian Reservation. The trailer will be an integral component of the San Manuel Emergency Response Plan that is currently under development, to assist in evacuations of the casino. Digital Voice Recorders - Eight (8) digital voice recorders will be issued to grant funded police positions. Digital recorders are used to dictate police reports and records conversations with suspects and other citizen contacts. I~-..... 2007-361 SAN BERNARDINO COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE GRANT AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO CONCERNING USE OF INDIAN GAMING SPECIAL DISTRIBUTION FUNDS This Grant Agreement is entered into between the County of San Bernardino (hereinafter County), as delegated by the San Bernardino County Indian Gaming Local Benefit Committee (hereinafter Committee), and the City of San Bernardino (Grantee), pursuant to California Government Code Section 12715. WHEREAS, Grantee submitted an application to the Committee for a mitigation project fully described in its application attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Grantee is the recipient of a Grant in an amount not to exceed $398,190.82 as sponsored by San Manuel Band of Mission Indians and approved by the Committee on April 19, 2007 from the Indian Gaming Special Distribution Fund for the County of San Bernardino; and WHEREAS, the County is charged with administering Grants awarded from the Indian Gaming Special Distribution Fund; and WHEREAS, the legislation that created the Special Distribution Fund requires that Grantee's use of the Grant funds meet certain specified conditions; NOW, THEREFORE, the parties agree as follows: 1. Pnrnose of Grant Grantee shall use the grant funds provided by the State Controller's Office solely for the purposes identified in Exhibit A. In addition, the following conditions were imposed by the Committee for use of the grant funding: . Grant funding shall be used to provide aesthetic improvements to the arterial streets in the neighborhoods adjacent to the casino. . Grant funding must be kept in a separate account and any interest earned on these funds must be accounted for and used only on the project. 2. Source and Scone of Fundine This grant award ("Agreement") is valid and enforceable ouly if sufficient funds are available to the Committee from the State of California'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. 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. The Committee retains the option to amend this Agreement to reflect any reduction of funds. The grant funds shall be disbursed directly to the Grantee by the State Controller's Office. 3. Term of Aereement The term of this Agreemeut shall be from July I, 2007 through June 30, 2010. Funding is for three years. There is no commitment for future years. 4. Restrictions on Use of Grant Funds As required by California Government Code Section 12715(h), grant funds shall not be used for any purpose that would support or fund, directly or indirectly, any effort related to opposition or challenge to Indian gaming in the I, 2007-361 , Indian Gaming Local Community Benefit Committee Grant Agreement for 2006/07 funds Page 2 of 4 State of California 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 the awarded grant went toward that prohibited use, the grant shall terminate immediately and any monies not yet used shall again be made available for qualified nexus grants to other grantees. 5. Notice To the Public As required by California Government Code Section 12715(i), Grantee shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project has received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tnbal Casino Account from which the grant derives; for this grant the Individual Tribal Casino Account is that of the San Manuel Band of Mission Indiaus. 6. Documentation of Expenditnres/Committee Updates Grantee shall provide in detail a written report accounting for of all actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County Administrative Office by September I, 2007; September I, 2008; September I, 2009 and September I, 2010; using actual data available to date and estimated data for the remainder of the grant period, and again by July 31, 2008; July 31, 2009 and July 31, 2010; using actual data for the entire grant period. The report should be submitted in the fonnat required by the county and include a description of the project, a description of how the project mitigates the impact of tribal gaming, the total expenditures for the project, all administrative costs related to the project, and funds remaining (or anticipated to remain) at the end of the fiscal year for the project. Grantee shall provide the Committee project updates on the implementation status of the project annually during the grant application process (approximate time frame MarcblApril2008; MarcblApril2009 and MarcblApriI201O). 7. Administrator of Al!reement The County Administrative Office of the County shall administer this Agreement on behalf of the Committee and the County, and the Mayor of the City of San Bernardino, shall administer it on behalf of Grantee. 8. Notice All notices shall be served in writing. The notices shall be sent to the following addresses: County: County Administrative Office County of San Bernardino Attn: Briana Lane 385 North Arrowhead Avenue, 4th Floor San Bernardino, CA 92415-0120 (909) 387-5301 Grantee City of San Bernardino Attn: Mayor Pat Morris 300 N. "D" Street San Bernardino, CA 92418 (909) 384-5133 9. Andit and Inspections of Records Grantee shall maintain records and documentation necessary to comply with a required State audit every three years. Grantee shall cooperate with County in the implementation, monitoring, and evaluation of this Agreement and comply with any and all reporting requirements established by County and/or State, and agreed upon by the parties. Availability of Records: All fiscal, statistical, and management books and records shall be available for examination and/or audit by the County, and/or State representatives for a period of five (5) years following the close of the fiscal I, . 2007-361 . Indian Gaming Local Connnunity Benefit Committee Grant Agreement for 2006/07 funds Page 3 of4 year in which this Agreement is in effect or until all pending County and/or State audits are completed, whichever is later. 10. Termination of Al!reement for Cause If Grantee fails to perform its obligations according to this Agreement, the grant shall terminate innnediately and any monies not yet used shall be returned to the County Administrative Office within 30 days of receipt of a written uotice from the County. The County may also seek any and all legal and equitable remedies available to it against Grantee for breaching this Agreement. 11. Termination for Convenience of Grantee Grantee may terminate this Agreement at any time by giving written notice to the County Administrative Office of such termination and specifYing the effective date thereof at least 60 days before the effective date of such termination, On or before the date of termination, Grantee shall provide the County Administrative Office with documentation of grant expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as ofthe effective date of termination. Grantee shall promptly refund to the County all funds under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by the County Administrative Office, as of the effective date of termination. 12. Assilmment Grantee shall not assign or transfer any interest in this Agreemeut (whether by assignment or novation), without the prior writteu consent of the County. 13. Independent Capacity (Non-Connty Al!encies Onlv) In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity, and not as officers, employees, agents or volunteers of the County, This Agreement does not create an employment relationship between Grantee and the County. 14. Defense and Indemnity INon-County Al!encies Onlv) County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collectively "County Parties") against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees with legal counsel acceptable to the County and court costs (collectively, "Claims"), which arise out of or are in any way connected to the provision of funds and/or Grantee's use of funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees. agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent negligent act, eIror or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. 15. Governinl! Law This Agreement shall be construed and interpreted according to the laws of the State of California. 16. Complete Al!reement This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. . Indian Gaming Local Community Benefit Committee Grant Agreement for 2006/07 funds Page 4 of4 2007-361 17. Waiver The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that party's right to subsequently enforce this, or any other term, covenant, or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. WHEREFORE, the parties each freely and voluntarily agree to all of the terms and conditions recited above. COUNTY OF SAN BERNARDINO B, ~/;:fL Mark Uffer County Administrative Offic r ARDINO By: Fred Wi! n City Manager, City of San Bernardino Date: ?pI}6.. Date: ~..y~7 Approved as to form By: James F. Penman, City Attorney, City of San Bernardino -~ L.; 2007-361 .;}'.5D Q) c.... RECEIVED. FEB 02 2007 COUNlY ADMINISTRATIVE OFFICE SAN BERNARDINO COUNlY San Bernardino County Indian Gaming Local Community Benefit Committee Grant Application (2007/08) Name of jurisdiction: CITY OF SAN BERNARDINO Project Title: MARSHALL BLVD. AND L YNWOOD AVE. STREET IMPROVEMENT PROJECT Brief Project Description: TO PROVIDE AESTHETIC IMPROVEMENTS TO THE ARTERIAL STREETS IN THE NEIGHBORHOODS ADJACENT TO THE CASINO. Amount of mitigation funding requested for this project: $ 1,537,287.60 Contact Person: Phone: Fax: E-mail Address: PEGGI HAZLETT (909) 384-5133 (909) 384-5067 hazletUle@sbcity.org Grant TVDe Type of grant for which you are applying: (a project may qualify for more than one category) X 60% Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund and that meet a minimum of two criteria listed below qualify for this grant category. (Local jurisdictions may qualify for both the 60% and the 20% categories.) Please check the letters that apply: (must meet a minimum of two nexus criteria) o a. City, County, or Special District jurisdiction that borders the tribal lands on all sides; X b. City, County, or Special District jurisdiction that partially borders tribal lands; X c. City, County, or Special District that maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within 4 miles; . Name and location of highway, road or other thoroughfare maintained: Victoria Avenue X d. Allor a portion of the City, County, or Special District jurisdiction that is located within 4 miles of the casino. Funding for this grant category will be awarded based upon the number of criteria met by the local jurisdiction. Within each funding level the funding will be distributed in equal proportions to qualifying local jurisdictions. If a local jurisdiction qualifies at the 4 nexus funding level, then they also qualify at the 3 and 2 nexus funding levels. If a local jurisdiction qualifies at the 3 nexus funding level, then they also qualify at the 2 nexus funding level. ." 50% of funding awarded to jurisdictions meeting ail 4 nexus test criteria '" 30% of funding awarded to jurisdictions that meat 3 of the nexus test criteria ." 20% of funding awarded to jurisdictions that meet 2 of the nexus test criteria X 200/. Non-Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund qualify for this grant category. (Local jurisdictions may qualify for both the 60% and the 20% categories.) X 20% Non-Paying Non-Nexus Grant Category - Local Jurisdictions impacted by tribal casinos that do not pay into the Special Distribution Fund qualify for this grant category. Also, one-time capital projects or countywide projects that mitigate the impact of tribal casinos qualify for this grant category. " A~' I. 2007-361 .;l'.SD Q) ~ RECEIVED FEB 02 2007 San Bernardino County Indian Gaming Local Community Benefit Committee Grant Application (2007/08) Name ofj'urisdiction: CITY OF SAN BERNARDINO COUNTY ADMINISTRATIVE OFFICE SAN BERNARDINO COUNTY Project Title: MARSHALL BLVD. AND L YNWOOD AVE. STREET IMPROVEMENT PROJECT Brief Project Description: TO PROVIDE AESTHETIC IMPROVEMENTS TO THE ARTERIAL STREETS IN THE NEIGHBORHOODS ADJACENT TO THE CASINO. Amount of mitigation funding requested for this project: $ 1,537,287.60 Contact Person: Phone: Fax: E-mail Address: PEGGI HAZLETT (909) 384-5133 (909) 384-5067 hazletUle@sbcity.org Grant Type Type of grant for which you are applying: (a project may qualify for more than one category) X 60% Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund and that meet a minimum of two criteria listed below qualify for this grant category. (Local jurisdictions may qualify for both the 60% and the 20% categories.) Please check the letters that apply: (must meet a minimum of two nexus criteria) o a. City, County, or Special District jurisdiction that borders the tribal lands on all sides; X b. City, County, or Special District jurisdiction that partially borders tribal lands; X c. City, County, or Special District that maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within 4 miles; . Name and location of highway, road or other thoroughfare maintained: Victoria Avenue X d. Allor a portion of the City, County, or Special District jurisdiction that is located within 4 miles of the casino. Funding for this grant category will be awarded based upon the number of criteria met by the local jurisdiction. Within each funding level the funding will be distributed in equal proportions to qualifying local jurisdictions. If a local jurisdiction qualifies at the 4 nexus funding level, then they also qualify at the 3 and 2 nexus funding levels. If a local jurisdiction qualifies at the 3 nexus funding level, then they also qualify at the 2 nexus funding level. "' 50% of funding awarded to jurisdictions meeting all 4 nexus test criteria "' 30% of funding awarded to jurisdictions that meet 3 of the nexus test criteria "' 20% of funding awarded to jurisdictions that meet 2 of the nexus test criteria X 20% Non-Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund qualify for this grant category. (Local jurisdictions may qualify for both the 60% and the 20% categories.) X 20% Non-Paying Non-Nexus Grant Category - Local Jurisdictions impacted by tribal casinos that do not pay into the Special Distribution Fund qualify for this grant category. Also, one-time capital projects or countywide projects that mitigate the impact of tribal casinos qualify for this grant category. I. 2007-361 San Bernardino County Indian Gaming Local Community Benefit Committee Grant Application (2007/08) Page 2 of 4 Proiect Descrhrtion Complete description of the project, including the effects it will have on the specific casino impacts described below. In October 2004, the Tribe provided the funding to the City of San Bernardino to mitigate the traffic and safety issues on Victoria Ave to Highland Ave. In addition, the Indian Gaming Local Community Benefit Committee has allocated grant funds to the City of Highland for additional mitigation at Highland Ave. and Victoria Ave. This project would dovetail into the Victoria Avenue Street Improvement and Beautification Project that is in progress. With the relocation and expansion of the casino facility the Tribe has made significant aesthetic improvements on Marshall Blvd. and Lynwood Ave. In an effort to continue the landscape and continuity along this two arterial streets this project would also help mitigate the noise and glare associated with the casino facility. Proiect Costs What is the total cost of the project? $ 1,537,287.60 Amount of mitigation funding requested for this project: $ 1,537,287.60 Grant request is: single-year grant xx multi-year grant (specify number of years) 2 YEARS Name other sources of funding that will be contributed to the project and the amount provided by each source: No additional funding has been allocated by the City of San Bernardino to the project. Estimated project costs (attach additional information, if necessary): The estimated cost for the aesthetic improvements and the creation of a landscape maintenance district is $ 1,537,287.60. What is the project time frame? One year. Will the project be competitively bid? X Yes 0 No Is the project subject to Public Works requirements? X Yes 0 No Given the limitation of funding, please provide information for the Committee on the effect to the project if the Committee approves a reduced grant amount. Is the project still viable? Identify, if possible, project breakpoints that the committee could consider. See "Attachment A" l~",.".o_~ . 2007-361 San Bernardino County Indian Gaming Local Community Benefit Committee Grant Application (2007/08) Page 3 of4 Impacts of Tribal Casino Describe the impacts associated with the Tribal casino and/or gaming (please include historical data, if available). The location of the Casino on the north side of Marshall Blvd. at Rockford Street has had significant improvements provided by the Tribe. However, these improvements end at the boundary of tribal land. In an effort to provide aesthetic continuity and to mitigate the noise and glare associated with the casino, this project would mirror the existing block wall and landscape improvements. Mitigation funding is desired for impacts associated with: San Manuel Band of Mission Indians Binco and Casino. (Casino Name) How will your project mitigate the impacts associated with the Tribal casino and/or gaming described above? Mitigation to the noise and glare and to provide aesthetic continuity. Project mitigates the following priorities (check all that apply): D Law enforcement D Environmental impacts D Fire services D Emergency medical services D Behavioral Health D Recreation & Youth programs D Child care programs D Planning & adjacent land uses X Other (briefly describe)Public Works proiect. D Waste disposal D Water supplies D Public Health D Roads . Grant Reauirements . To be considered for funding, this grant application will be reviewed by and must receive Tribal sponsorship from the Tribe that pays into the Indian Gaming Special Distribution Fund. . Approved grant applications will require: o Approval by local jurisdictions of an agreement with the County of San Bemardino, acting on behalf of the Committee. o Project updates and required reports to be submitted to the Committee. . As required by Califomia Govemment Code section 12715(1), a local jurisdiction that is a recipient of a grant shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local govemment project has received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant derives. Local Jurisdiction Information Legal address of jurisdiction: City of San Bernardino 300 North "0" Street San Bemardino, CA 92418 Federal Tax 10 Number: 95-6000-772 ~~~JM . ~_ _oms Authorized Signature of Applicant (Please print and sign) Mayor Title I.._ci . 2007-361 . San Bernardino County Indian Gaming Local Community Benefit Committee Grant Application (2007/08) Page 4 of 4 February 2, 2007 Date Ii . 2007-361 " Attachment "An CITY OF SAN BERNARDINO FY 2007/2008 INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT LINE ITEM BUDGET MARSHALL BLVD. & LYNWOOD AVE. IMPROVEMENT PROJECT ESTIMATES: Total frontage of parcels: 2,640.28 linear feet Decorative sound wall- height: 8.00 feet Total square footage: 21,122.24 square feet Cost of decorative sound wall per S,F.: $ 30.00 Total cost of wall: S 633,667.20 Trees - 28 parcels @ 3 per parcel: 84.00 Cost of trees: $ 1.625.00 Total cost of trees: $ $ S 136,500.00 Cobble fill-in: 180,195.60 Labor costs involved in project: 109.835.64 Total cost ofL&M:. ~ $ 1,060,198.40 Contiogencies 10% $ 106,019.84 Design and Administration 20% $ 212,039.68 Inspection costs: $ lj~l, ,<;q.;21 159.029.76 Total Cost of Project: $ 1,537,287.60 ~. ') '0 -S 1 d-- \1>, 7-<0., . 2007-361 . 2007-361 . ~~ = ;\tj!' ,,,-... >;w~ #'4i, " ~ Jf<"":"'(' "* ~ -::c "S """, ,~ Ii. "" " ~ "~ '" 4i ~ 2007-361 -. -- - :-'-, '" "., \.., " " "- '..... ':.. '" -~'" ~3 . - rl --- *' -.J'; ., 'I / , .' < 2007-361 . 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