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HomeMy WebLinkAbout17-Mayor's Office CITY OF SAN BERNARDINO - REQUEST FOR couNcIJlR1G1NAL Dept: Mayor's Office Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute and administer the Grant Agreement with the County of San Bernardino concerning the use of FY 08-09 and FY 09- 10 Indian Gaming Special Distribution Funds. MiCe Meeting Date: 05/0412009 From: Mayor Patrick J. Morris Date: March 31, 2009 Synopsis of Previous Council Action: 03-02-2009 Resolution # 2009-43, ratifying the submittal of two Indian Gaming Local Community Benefit grants in the amount of$525,637.81 for FY 08/09 and $985,241.00 fir FY 09/10. 11-03-2008 Resolution #2008-47, authorizing the City Manager to amend the agreement between the County of San Bernardino and the City concerning the use of Indian Gaming Special Distribution Funds. 08-20-2007 Resolution #2007-361, authorizing the City Manager to execute and administer two grant agreements with the County of San Bernardino concerning the use ofFY 07-08 Indian Gaming Special Distribution Funds. 02-20-2007 Resolution #2007 -62 of the City of San Bernardino ratifying the submittal of two Indian Gaming Local Community Benefit grants in the amount of$I,537,287.60 and $1,082,700.00 respectively, and authorizing the expenditure of said grant for street improvements and designated law enforcement purposes as outlined in the grant budgets. 01-30-2007 Grants Ad Hoc Committee recommended Request for Council Action to be submitted to the full Council. 02-21-2006 Resolution #2006-60, authorizing the execution of a grant agreement with the County of San Bernardino concerning the use of FY 06-07 Indian Gaming Special Distribution Funds in the amount of $936,000. 07-05-2005 Resolution #2005-231, authorizing the execution of a grant agreement with the County of San Bernardino concerning the use of FY 05-06 Indian Gaming Special Distribution Funds in the amount of $700,000. Recommended Motion: Adopt resolution. "-~~~ PA ICKJ. 'ORRIS,MA' Contact person: Peggi Hazlett Phone: 384-5133 Supporting data attached: grant agreement, staffreport & resolution. Ward: 4th FUNDING REQUIREMENTS: Amount: $525,638.00 (in grant revenue) $985,241.00 (in grant revenue) Indian Gaming Local Community Benefit Committee grant Source: Council Notes: Finance ~5'V 2cXY'?- I/O Agenda Item No. 11 ~.14.0" CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute and administer the grant agreement with the County of San Bernardino concerning the use ofFY 08-09 and FY 09-10 Indian Gaming Special Distribution Funds. Backl!round: On March 2, 2009 the Mayor and Common Council voted unanimously to ratify the submittal of two Indian Gaming Local Community Benefit grants in the amount of$525,638.00 for FY 08-09 and $985,241.00 for FY 09-10 for law enforcement and designated support equipment, and authorized the expenditure of said grants for designated law enforcement purposes as outlined in the grant budgets. On March 13,2009 the San Bernardino County Indian Gaming Local Benefit Committee approved the two designated law enforcement grants in the amounts requested from the Indian Gaming Special Distribution Fund pursuant to Senate Bill 621. The grants will be used to provide continued funding for six (6) police officer positions and one (1) police sergeant position to directly supervise the grant funded personnel for the balance of FY 08/09 and for FY 09/10. In addition, the Committee imposed the following conditions to the law enforcement grant: o Grant funding shall be used specifically to fund law enforcement services in the area impacted by the San Manuel Indian Bingo and Casino. o Pursuant to Government Code section 12715(1), grant funding must be kept in an interest-bearing account and any interest earned on these funds must be accounted for and used only on the project. If any portion of the funds in the account is used for any other purpose, the remaining portion shall revert to the SDF. As a condition ofreceiving further grant funds, Grantee, upon request of the County, shall demonstrate to the County that all expenditures made from the account have complied with this requirement. o Pursuant to Government Code section 12715(h), any grant monies used for a purpose unrelated to those described in the grant application shall result in immediate termination of the grant and any unspent monies shall revert to the SDF. This grant agreement is for the FY 08/09 and FY 09/1 0 and there is no commitment for future years. The County of San Bernardino is charged with administering the grants awarded from the Indian Gaming Special Distribution Fund to the City. Therefore, the City and the County need to enter into the attached Grant Agreement concerning the use of the Indian Gaming Special Distribution Funds. Financial Impact: Of the $984,698 in funding, $459,060.19 was originally from Indian Gaming Special Distribution Funds (SDF) budgeted for street improvements. However, on 11/3/08 the Mayor and Council approved the reallocation of those funds to pay for law enforcement costs. The remaining $525,637.81 is the new allocation the City will receive upon approval of this agreement. At the time the FY 2008-09 Budget was prepared; $811,200 was included in the budget as total expected revenue from the Indian Gaming Special Distribution Fund (SDF). Corresponding expenditures for six police officers and one sergeant were also budgeted. Now with this agreement in place, the total funding available for FY 2008-09 is $984,698. A budget amendment is needed to reflect the additional $173,498 in revenues and expenditures. The total expenditure budget of $984,698 is outlined in the attachment to this staff report. For FY 2009-2010 Finance will include the $985,241.00 in revenue and corresponding expenditures in the FY 2009-2010 Preliminary Budget (see attachment to staff report for line item detail). Recommendation: Adopt resolution. San Bernardino Police Department Proposed SB 621 Budget For FY 2008/09 Object Code Description Costs 001-213-50xx (6) Police officers (P-1's) $ 699,081,00 001-213-50xx (1) Police semeant (P-3) $ 158,767.00 001-217-5014 (2) Part-time crossino ouards $ 11,200.00 001-213-5015 Traffic Control Services $ 9,000.00 Total personnel costs $ 878,048.00 001-213-5112 Auxiliary equipment for (2) Crown Victorias: secure idles; $400; trauma $ 1,450.00 kits, $450; priority start batteries, $100, trunk organizers $500. 001-213-5173 Window tintinn for 12\ Crown Victorias. $ 300.00 001-213-5173 Exterior araphics for (2) Crown Victorias $ 600.00 Total Materials & Ooeration $ 2,350.00 001-213-5502 Installation of safetVenuinment for (2) Crown Victorias. $ 10,000.00 001-213-5505 EVDO airtime start-uo an annual costs for (2) Crown Victorias $ 4,000.00 Total Contractual Services $ 14,000.00 001-213-5702 EVDO air cards for 12\ Crown Victorias $ 1,500.00 001-213-5703 Panansonic MDC's with Motorola VRM's for (2) Crown Victorias $ 18,500.00 001-213-5703 Motorola XTL 2500 vehicle radios for (2) Crown Victorias $ 7,300.00 001-213-5704 (8) PUMA digital voice recorders $ 5,000.00 001-213-5704 (8) Motorola Handie- Talkie radios $ 25,000.00 Emergency equipment for (2) Crown Victorias: light bars/lighting kits/sirens/ controllers/speakers/drivers/microphone adapters, $8,000; prisoner cages/plastic back seats/ rear door kits, $2,500; Remington 001-213-5704 870 .12 ga. shotguns, $2,000; push bumpers, $500. $ 13,000.00 Total Caoital Outlav $ 70,300.00 001-213-5803 First year lease payments for (2) Crown Victorias $ 20,000.00 Total Debt Service $ 20,000.00 Total SB 621 Grant budget $984.698,00 Less reallocation with interest ($459,060.19) Total Grant Request 1$525.637,81 I San Bernardino Police Department Proposed SB 621 Budget For FY 2009/10 Object Code Description Costs 001-213-50xx (6) Police officers (P-1 's) $ 771,469.00 001-213-50xx (1) Police seroeant (P-3) $ 169,572.00 001-217-5014 (2) Part-time crossing auards $ 11,200.00 001-213-5015 Traffic Control Services $ 9,000.00 Total personnel costs $ 961,241.00 001-213-5505 EVDO airtime start-upand annual costs for (2) Crown Victorias $ 4,000.00 Total Contractual Services $ 4,000.00 001-213-5803 2nd year lease payments for (2) Crown Victorias $ 20,000.00 Total Debt Service $ 20,000.00 Total SB 621 Grant budget $ 985,241 .00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. CC(Q)rP)f RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AND ADMINISTER THE GRANT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO CONCERNING THE USE OF FY 08-09 AND FY 09-10 INDIAN GAMING SPECIAL DISTRIBUTION FUNDS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is authorized to execute and administer a grant agreement (attached and incorporated herein as Attachement "A") with the County of San Bernardino concerning the use of the Indian Gaming Special Distribution Funds in the amount not to exceed $1,510,879 ($525,638 for FY 08.09 and $985,241 for FY 09.10) to be used specifically for designated law enforcement purposes in the area impacted by the San Manuel Indian Bingo and Casino. SECTION 2. This resolution is rescinded if the parties to the contract fail to execute the contract within sixty (60) days of passage of the resolution. IIII IIII IIII IIII IIII III III III III 5-l(-O~ -#-11 1 2 3 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AND ADMINISTER THE GRANT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO CONCERNING THE USE OF FY 08-09 AND FY 09-10 INDIAN GAMING SPECIAL DISTRIBUTION FUNDS. 5 I HEREBY CERTIFY that the foregomg resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th day 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of May, 2009, by the following vote, to wit: Absent Abstain Nays Ayes Council Members: ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON McCAMMACK City Clerk ,2009. The foregoing resolution is hereby approved this _ day of Patrick J. Morris, Mayor City of San Bernardino Approved as to form: , Attachment "A" 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 FV1'.'DS 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 (hereinafter "Grantee"), pursuant to California Government Code section 12715 et. seq. 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 $] ,5] 0,879 ($525,638 for 2008- 09 and $985,241 for 2009-10) as sponsored by San Manuel Band of Mission Indians and approved by the Committee on March 13,2009, from the Indian Gaming Special Distribution Fund (hereinafter "SDF") for the County of San Bernardino; and WHEREAS, the County is charged with administering Grants awarded from the SDF; and WHEREAS, the legislation that created the SDF requires that Grantee's use of the Grant funds meet certain specified conditions; NOW, THEREFORE, the parties agree as follows: 1. 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: . Pursuant to Government Code section 12715(1), grant funding must be kept in an interest-bearing account and any interest earned on these funds must be accounted for and used only on the project. If any portion of the funds in the account is used for any other purpose, the remaining portion shall revert to the SDF. As a condition of receiving further grant funds, Grantee, upon request of the County, shall demonstrate to the County that all expenditures made from the account have been in compliance with this requirement. . Grant funding sh,all be used specifically to fund law enforcement services in the area impacted by the San Manuel Indian Bingo and Casino. . Pursuant to Government Code section 12715(h), any grant monies used for a purpose umelated to those described in Exhibit A shall result in immediate termination of the grant and any unspent monies shall revert to the SDF, 2. Source and Scope of Fundin!! This grant award ("Agreement") is valid and enforceable only if sufficient funds are available to the Committee from the State of California's SDF 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. Indian Gaming Special Distribution Funds Grant Agreement -City of San Bernardino Page 20f5 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 ofthis Agreement shall be from July 1,2008 through June 30, 20]0. Funding is for two years only. There is no commitment for future years. 4. Restrictions on Use of Grant Funds As required by Government Code section 12715(i), 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 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 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 Government Code section 127150), 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 SDF and which further identities 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 Expenditures/Committee Updates Grantee shall provide in detail a written accounting of all actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County Administrative Office by September 1, 2009, using actual data available to date and estimated data for the remainder of the grant period, and again by August 20, 2010, using actual data for the entire grant period. Grantee shall provide the Committee project updates on the implementation status of the project (approximate time frame OctoberlNovember 2009) and during the next year's grant application process (approximate time frame Marchi April 20 J 0). 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 City Manager ofthe 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: Beatriz Valdez 385 North Arrowhead Avenue, Fourth Floor San Bernardino, CA 92415-0120 Indian Gaming Special Distribution Funds Grant Agreement -City of San Bernardino Page 3 of 5 Grantee: City of San Bernardino Attention: Mayor Pat Morris 300 N. "0" Street San Bernardino, CA 92418 9. Audit and InsDections 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 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 immediately 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. Indeoendent CaDacity (Non-County Al!encies Only) 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 Only) County shall not be liable for, and Grantee agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (collectively "County Parties") from any and all claims, actions, losses, damages, and/or liability which arise out of or are in any way connected to this provision of funds and/or Grantee's use of funds under the Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, Indian Gaming Special Distribution Funds Grant Agreement-City olSan Bernardino Page 4 of 5 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. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Grantee's indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782 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. 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. Indian Gaming Special Distribution Funds Grant Agreement-City oj San Bernardino Page 5 of 5 WHEREFORE, the parties each freely and voluntarily agree to all of the terms and conditions recited above. COUNTY OF SAN BERNARDINO ... (Authorized Signature~Sign in blue ink) Mark Uffer (Print or type Name) Title: County Administrative Officer Dated: APPROVED AS TO LEGAL CONTENT: ... (Authorized Signature-Sign in blue ink) Steve Singley (Print or type Name) Title: Deputy County Counsel Dated: GRANTEE ... (Authorized Signature-Sign in blue ink) (Print or type Name) Title: City Manager Dated: APPROVED AS TO LEGAL CONTENT: (Authorized Signature-Sign in blue ink) James P. Penman (Print or type Name) Title: City Attorney Dated: SAN BERNARDINO COUNTY INDIAN GA..l\ITNG LOCAL COMMUNITY BENEFIT COMMITTEE GRANT AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO CONCERl'.'ING 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 Bemardino (hereinafter "Grantee"), pursuant to California Government Code section 12715 et. seq. 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 $1,510,879 ($525,638 for 2008- 09 and $985,241 for 2009-10) as sponsored by San Manuel Band of Mission Indians and approved by the Committee on March 13, 2009, from the Indian Gaming Special Distribution Fund (hereinafter "SDF") for the County of San Bernardino; and WHEREAS, the County is charged with administering Grants awarded from the SDF; and WHEREAS, the legislation that created the SDF requires that Grantee's use of the Grant funds meet certain specified conditions; NOW, THEREFORE, the parties agree as follows: 1. 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: . Pursuant to Government Code section 12715(1), grant funding must be kept in an interest-bearing account and any interest earned on these funds must be accounted for and used only on the project. If any portion of the funds in the account is used for any other purpose, the remain ing portion shall revert to the SDF. As a condition of receiving further grant funds, Grantee, upon request of the County, shall demonstrate to the County that all expenditures made from the account have been in compliance with this requirement. . Grant funding sh.all be used specifically to fund law enforcement services in the area impacted by the San Manuel Indian Bingo and Casino. . Pursuant to Government Code section 12715(h), any grant monies used for a purpose unrelated to those described in Exhibit A shall result in immediate termination ofthe grant and any unspent monies shall revert to the SDF. 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 SDF 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. . Indian Gaming Special Distribution Funds Grant Agreement -City of San Bernardino Page 2 oj 5 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 Slate Controller's Office. 3. Term of Ae:reement The term of this Agreement shall be from July 1,2008 through June 30, 2010. Funding is for two years only. There is no commitment for future years. 4. Restrictions on Use of Grant Funds As required by Government Code section 12715(i), 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 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 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 Government Code section 127150), 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 SDF 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 ofthe San Manuel Band of Mission Indians. 6. Documentation of EXDenditures/Committee UDdates Grantee shall provide in detail a written accounting of all actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County Administrative Office by September 1, 2009, using actual data available to date and estimated data for the remainder of the grant period, and again by August 20, 2010, using actual data for the entire grant period. Grantee shall provide the Committee project updates on the implementation status of the project (approximate time frame OctoberlNovember 2009) and during the next year's grant application process (approximate lime frame March/April 2010). 7. Administrator of Ae:reement The County Administrative Office of the County shall administer this Agreement on behalf of the Committee and the County, and the City Manager of the City of San Bernardino shall administer it on behalf of Grantee. 8. ~ All notices shall be served in writing. The notices shall be sent to the following addresses: County: County Adm inistrative Office County of San Bernardino Attn: Beatriz Valdez 385 North Arrowhead Avenue. Fourth Floor San Bernardino, CA 92415-0120 Indian Gaming Special Distribution Funds Grant Agreement-City of San Bernardino Page 3 of 5 Grantee: City of San Bernardino Attention: Mayor Pat Morris 300 N. "0" Street San Bernardino, CA 92418 9. Audit 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. A vailability 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 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 immediately 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. an 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 O,ffice, as of the effective date of termination. 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. [ndependent 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 Only) County shall not be liable for, and Grantee agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (collectively "County Parties") from any and all claims, actions, losses, damages, and/or liability which arise out of or are in any way connected to this provision of funds and/or Grantee's use of funds under the Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, Indian Gaming Special Distribution Funds Grant Agreement -City of San Bernardino Page 4 of 5 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. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Grantee's indemnification obligation applies to the County's "active" as well as "passive" negligence but does nol apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. 15. Governin2 Law This Agreement shall be construed and interpreted according to the laws of the State of California. 16. Complete A2reement 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. 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. Indian Gaming Special Distribution Funds Grant Agreement -City of Son Bernardino Page 5 of 5 WHEREFORE, the parties each freely and voluntarily agree to all of the terms and conditions recited above. COUNTY OF SAN BERNARDINO + (Authorized Signature~Sign in blue ink) Mark Uffer (Print or type Name) Title: County Administrative Officer Dated: APPROVED AS TO LEGAL CONTENT: + (Authorized Signature-Sign in blue ink) Steve Singley (Print or type Name) Title: Deputy County Counsel Dated: GRANTEE + (Authorized Signature-Sign in blue ink) (Print or type Name) Title: City Manager Dated: APPROVED AS TO LEGAL CONTENT: Title: City Attorney Dated: P .2 Y, 24> 4' 5' , Exhibit "A" County of San Bernardino Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application Procedures & Application FY 2008-09 Table of Contents Local Government Mitigation Grant Application Timeline - FY 2008-09 ...................2 Local Government Mitigation Grant Application Procedures - FY 2008-09 ..............3 Application Process......................................................................................................3 Application Review.......................................................................................................4 Reference Material & Definition of Terms.....................................................................5 Special Notes...............................................................................................................6 Local Government Mitigation Grant Application - FY 2008-09...................................7 Agency Contact Information......................................................................................... 7 I mpacting Casinos........................................................................................................ 7 Project Costs........................................................................................................... .....7 Grant Type......... .......................................................................................................... 7 Detailed Project Information.........................................................................................8 Grant Requirements................................................................................................ .....9 Attachments Budget Template.xls 2 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application Timeline - FY 2008-09 County of San Bernardino 01/29/09........................ Applications Formally Released 02/20/09........................ Deadline to Submit Application and Project Information to County Administrative Office 02/27/09........................ County Administrative Office Distribution of Application Recommendations to SDF Paying Tribes 03/10/09........................ Recommended Deadline for Tribes to Submit Letters of Support and a Prioritized List of Projects to Committee and County Administrative Office Tribal sponsorship shall confirm that the grant application has a reasonable relationship to a casino impact and satisfies at least one of the priorities identified. 03/13/09 Committee to approve sponsored applications. 03/19/09........................ Deadline for Committee to Forward Recommendations to County Administration Office (for Compilation and Submittal to State Controller) 04/15/08........................ Deadline for County Administrative Office to Summarize Committee Recommended Projects, get approved contracts and Submit to State Controller 10/01/09........................ Deadline for County to Provide an Annual Report to the Legislature 3 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application Procedures - FY 2008-09 County of San Bernardino Application Process I. The Indian Gaming Local Community Benefit Committee (CBC) formally released grant applications on January 30, 2009. Applications may be obtained by calling the San Bernardino County Administrative Office at (909) 387-5301 or by accessing www.sbcountv.qov!qrantsoffice. II. Application Submittal: a. 60% Nexus Grants and 20% Non-Nexus Grants 1 & 20% Non-Nexus. Non- Pavinq Tribes 1 - Eligible jurisdictions shall submit completed application(s), with authorized signature, by February 20,2009 by no later than 5:00 P.M., to: San Bernardino County Administrative Office Attn: Beatriz Valdez 385 North Arrowhead Avenue, Fourth Floor San Bernardino, CA 92415-0120 San Manuel Indian Gaming & Casino Attn: James Ramos, Chairperson 26569 Community Center Drive Highland, CA 92346 b. Complete and concise applications will enable a thorough evaluation and ensure that proposal(s) are given full consideration. III. The County Administrative Office will conduct a review of the applications received and determine their relationship to casino impacts. If appropriate, the County will certify that the application satisfies at least one of the priorities identified in AB 158 (Government Code 12715(g)). It is recommended that the Tribal governments not paying into the Special Distribution Fund (SDF) develop a list of prioritized applications and forward the list and the applications to the County Administrative Office by February 25, 2009, for distribution to Tribal governments paying into the SDF. The County Administrative Office will forward a list of applications that satisfy at least one of the priorities identified in AB 158 to the Tribal government paying into the SDF for sponsorship by February 27,2009. 1 Refer to the "Definition of Terms" section for an explanation of these grant types. 4 Tribal governments paying into the SDF must develop a prioritized list of sponsored applications and forward the list and the sponsored applications to the County Administrative Office by March 10,2009. A letter signed by the authorized Tribal representative indicating Tribal sponsorship must accompany each sponsored application. IV. The Committee will assess the eligibility of jurisdictions applying for grant funding and will review and rank sponsored applications. Projects recommended for funding by the Committee will be released on or about March 19, 2009. V. A list of approved projects for funding will be transmitted to the State Controller upon recommendation by the Committee no later than April 15, 2009. VI. The State Controller will disburse funds directly to the local government jurisdiction for which grant funding has been recommended by the Committee. Application Review I. The applicant will determine the type of grant for which they are eligible (60% Nexus or either of the two 20% Non-Nexus grants2. Only cities and the County are eligible for 60% Nexus grants. This is noted on the application. The applicant also indicates the pertinent nexus criteria by checking each of the applicable nexus criteria. A minimum of two nexus criteria are required. II. Cities, the County, and Special Districts are eligible for 20% Nexus grants to mitigate impacts of both SDF paying and non-paying Tribes. III. The amount of AS 158 grant funding being requested through the application must be listed. Please do not list any other sources of funding in this area. IV. The authorized signor of the application is the individual who has been authorized by the local jurisdiction's governing body to apply for grant funding. V. The legal address of the jurisdiction is required. VI. The contact person listed should be the individual most knowledgeable about the project and authorized to discuss all aspects, should additional information be required. VII. The priority uses for AS 158 grant funds are listed in Government Code 12715 (g). Please note that a portion of the Tribal government's review includes certification that the application satisfies at least one of the priorities. 2 Refer to the "Definition of Terms" section for an explanation of these grant types. 5 VIII. When describing impacts associated with a Tribal Casino and/or Gaming, it is very important to remember that this question does not pertain to reservation impacts. IX. A complete description of the project is required. X. Only the proportionate share of the project that mitigates impacts of Tribal gaming will receive funding. This information and acknowledgement of the requirement is requested. XI. Awarded funding will be sent to the jurisdiction directly by the State. AS 158 requires these funds are held in an interest bearing account until spent. Interest earned must be used for mitigation measures. XII. AS 158 requires awarded jurisdictions demonstrate to the County that all expenditures made from the account were made in accordance with the above provisions. XIII. The total cost of the project should include costs funded by other sources, as well as the funding requested through the application. This amount may differ from the amount of mitigation finding requested through the application XIV. Information is requested on competitive bidding and public works requirements. XV. In accordance with AS 158, awarded projects should be fully allocated by June 30, 2009. Reference Material & Definition of Terms I. Countv Tribal Casino Account - An account consisting of monies paid by County Tribes into the SDF, after deduction of amounts appropriated to the priorities specified in Government Code Section 1012.85. II. Individual Tribal Casino Accounts - An account for each individual Tribal casino that has paid money into the SDF. The individual Tribal casino accounts are funded in proportion to the amount individual Tribes paid into the SDF. III. Local Jurisdiction & Local Government Jurisdiction - A city, county, or special district. IV. 60% Nexus Grants - Sixty percent (60%) of each individual Tribal Casino Account is available fore nexus grants to cities and counties impacted by Tribes paying into the SDF, based on a four-part nexus test. The nexus test is based on the proximity of the local government jurisdiction to the individual Indian land upon which a Tribal casino is located and determines priority for grants using the following criteria: a. City or County borders the Indian land on all sides; b. City or County partially borders Indian land; 6 c. City or County maintains a highway, road, or other thoroughfare that is a predominant access route to a casino located within 4 miles; d. All or part of the City or County is located within 4 miles of the casino. Within each funding level, the funding will be distributed in equal proportions to qualifying local jurisdictions: . Fifty percent (50%) shall be awarded to local government jurisdictions meeting all four of the nexus test criteria; . Thirty percent (30%) awarded to jurisdictions that meet three of the nexus test criteria; . Twenty percent (20%) awarded to jurisdictions that meet two of the nexus test criteria. V. 20% Non-Nexus Grants - Twenty percent (20%) of each individual Tribal Casino Account is available for discretionary grants to local jurisdictions impacted by Tribes that are paying into SDF. These discretionary grants will be made available to all local jurisdictions in the County, regardless of geographic nexus to any particular Tribal Casino. VI. 20% Non-Pavinq Non-Nexus Grants - Twenty percent (20%) of each individual Tribal Casino Account is available for discretionary grants to local jurisdictions impacted by Tribes that are not paying into the SDF. These grants will be made available to local jurisdictions in the County, regardless of geographic nexus to any particular Tribal casino. Similar to Nexus grants, these grants are subject to sole sponsorship of the Tribes that pay into the SDF and the recommendations of the CSC. Grants are limited to addressing service-oriented impacts and assistance with one- time large capital projects specifically related to Indian Gaming impacts. Special Notes I. A grant may not be made for any purpose that would support or fund either directly or indirectly, any effort related to opposition or challenge of Indian Gaming in the State, and, to the extent any awarded grant funds are used for any prohibited purpose by any local government, upon notice given to the County by any Tribe whose individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any finds unspent shall be made available for qualified nexus grants. II. A local government jurisdiction that is a recipient of a grant from an individual County Tribal Casino Account or a County Tribal Casino Account shall provide notice to the public, either through a slogan, signage, or other mechanism, stating that the local government project received funding from the Indian Gaming Special Distribution Fund and further identifies the particular individual Tribal Casino Account from which the grant was derived. 7 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application - FY 2008-09 County of San Bernardino ',' }'", . , ~ ' -, .llh ,;~" ',.~.,,> ' , .\ . A : ~..Yi)t-;"tH . Name of Jurisdiction: City of San Bernardino Federal Tax ID Number: 95-6000-772 Contact Name: Peooi Hazlett Title: Assistant to the Mavor Email: Hazlett pe@sbcitY.orq Street Address: 300 North D Street City: San Bernardino State: CA Zip Code: 92418 Phone Number: 909.384.5133 Fax Number: 909.384.5067 Name(s) of Casino(s) Impacting Applicant: " '~K~~~Jj~~:~1:~i,'~t$f~~~rt~~;;/ ; X Law Enforcement o Fire Services o Behavioral Health o Child Care Programs o Environmentallmpacts o Emergency Medical Services o o Recreation & Youth Programs o Planning & Adjacent Land Uses o Waste Disposal o Public Health o Roads o Other: .:~iJit~~;i:,,~~(~~y;~~[t~~f;~~~~$;,b~~~;;~~t.:ff}. I & POLICE OFFICERS I PUBLIC SAFETY Present to June 30, 2009 $ 984,698.00 $ 525,637.81 53% X One-Time 0 Multi-Year; Number of Years: SDF Grant 2007+ Interest $ 459,060.19 Insert Name of Source Insert Monetary Contribution Insert Name of Source Insert Monetary Contribution Insert Name of Source Insert Monetary Contribution Insert Name of Source Insert Monetary Contribution Name of Project: Project Time Frame: Total Project Costs: Amount of Funding Requested: Percent of Project Grant Funded: , Project Funding: Other Sources of Funding: . '..~,,::~~';jtiP'~'~S~1:~~~;~A~r\ 3 Application must include a proposed budget; See template 4 = 1 _ (Totai Project Cost - Amount of Funding Requested) I Total Project Cost 8 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. 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: . 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 fundin awarded to 'urisdictions that meet 2 of the nexus test criteria o City, County, or Special District jurisdiction that borders the tribal lands on all sides; XX City, County, or Special District jurisdiction that partially borders tribal lands; XX City, County, or Special District that maintains a highway, road, or other thoroughfare that is the redominant access route to a casino that is located within 4 miles; XX All or a portion of the City, County, or Special District jurisdiction that is located within 4 miles of the casino. X 20% Non-Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund ualif for this rant cate 0 . 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 rant cate 0 . . ;:~i2jf;.~J::;;, '_,T~'~t~~~~1~iI-f~~4~~~~"':-~:~~~~f~~;t~ t - . . . .. Describe the Impact(s) associated with the Tribal Casino and/or Gaming. See attachment Describe the proposed project in detail including how it will mitigate the impact(s) described above. See attachment What percentage of the project will directly mitigate impacts of the Tribal Casino and/or I Gamin ? 100% Describe what performance measurements will be utilized. N/A Will this project be competitively bid? N/A Is this project subject to Public Works requirements? iN/A I 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? Identif , if possible, ro'ect break oints that the committee could consider. Refer to Budget Narrative 5 Type of grant for which your agency is applying for; A project may only qualify for one category: 60% Nexus or 20% Non-Nexus 9 . , 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. This application must include a formal letter of sponsorship from the Tribal Chairman, or designated authority, operating the Tribal casino for which mitigation is being requested. Approved grant applications will require the following: (Please initial by each of the following items to acknowled e each re uirement. Approval by local jurisdictions of an agreement with the County of San Bernardino, acting on behalf of the Committee Project updates and required reports to be submitted to the Committee Local jurisdiction, that is grant recipient, 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 as re uired b California Government Code section 12715 i SDF will only be used to finance the percentage of the project that directly mitigates the im acts as iven above of Tribal Casino and/or Gamin ,as iven above SDF will be held until spent in an interest bearing account and all interest earned must be used to miti ate Tribal Casino and/or Gamin im acts Local jurisdictions must demonstrate to the County that all expenditures made from the account were made in accordance with these rovisions Mark Weinberg City Manager Title February 20,2009 Name of Authorized Signature Date Authorized Signature of Applicant 7 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application - FY 2008-09 County of San Bernardino Name of Jurisdiction: Federal Tax 10 Number: Contact Name: Title: Email: Street Address: Cit : State: Phone Number: Cit of San Bernardino 95-6000-772 Pe i Hazlett Assistant to the Ma or Hazlett pe@sbcitV.orq 300 North D Street San Bernardino CA 909.384.5133 Zip Code: Fax Number: 92418 909.384.5067 X Law Enforcement o Fire Services o Behavioral Health o Child Care Programs o Environmentallmpacts o Emergency Medical Services o o Recreation & Youth Programs o Planning & Adjacent Land Uses o Waste Disposal o Public Health o Roads o Other: Name of Project: Project Time Frame: Total Project Costs: Amount of Funding Requested: Percent of Project Grant Funded : Project Funding: Other Sources of Funding: POLICE OFFICERS I PUBLIC SAFETY July 01, 2009 to June 30, 2010 $ 985,241.00 $ 985,241.00 100% X One-Time. None Insert Name of Source Insert Name of Source Insert Name of Source Insert Name of Source ::;~*~~~~;}i{i:' "/ ~~~~>.-,;i,;i~~r~f\)~Jt~~.:/:j::,~k.~~tr1~?~~~}: -;i,ti". -, . Multi-Year; Number of Years: Insert Monetary Contribution Insert Monetary Contribution Insert Monetary Contribution Insert Monetary Contribution 3 Application must include a proposed budget; See template 4 = 1 _ (Total Project Cost - Amount of Funding Requested) I Total Project Cost 8 ^ 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. 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: . 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 fundin awarded to 'urisdictions that meet 2 of the nexus test criteria City, County, or Special District jurisdiction that borders the tribal lands on all sides; XX City, County. or Special District jurisdiction that partially borders tribal lands; XX City, County, or Special District that maintains a highway, road, or other thoroughfare that is the redominant access route to a casino that is located within 4 miles; XX All or a portion of the City, County, or Special District jurisdiction that is located within 4 miles of the casino. X 20% Non-Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the S ecial Distribution Fund ualif for this rant cate 0 . 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 rant cate 0 . . ...' .. , .. . . Describe the Impact(s) associated with the Tribal Casino and/or Gaming. See attachment Describe the proposed project in detail including how it will mitigate the impact(s) described above. See attachment What percentage of the project will directly mitigate impacts of the Tribal Casino and/or Gamin ? 100% Describe what performance measurements will be utilized. N/A Will this project be competitively bid? N/A Is this project subject to Public Works requirements? IN/A I 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? Identif , if ossible, ro'ect break oints that the committee could consider. Refer to Budget Narrative 5 Type of grant for which your agency is applying for; A project may only qualify for one category: 60% Nexus or 20% Non-Nexus 9 ,;~~f'~i~~:~t1~. ;, ~.- r. . :., ~, ]~'f.4)~:l~:?-~:~:;j":\r;f~<'~~~~JL _ . a ! f .. JJ .. ',,\ ,- 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. This application must include a formal letter of sponsorship from the Tribal Chairman, or designated authority, operating the Tribal casino for which mitigation is being requested.. Approved grant applications will require the following: (Please initial by each of the following items to acknowled e each re uirement. Approval by local jurisdictions of an agreement with the County of San Bernardino, acting on behalf of the Committee Project updates and required reports to be submitted to the Committee Local jurisdiction, that is grant recipient, 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 as re uired b California Government Code section 12715 i SDF will only be used to finance the percentage of the project that directly mitigates the im acts as iven above of Tribal Casino and/or Gamin ,as iven above SDF will be held until spent in an interest bearing account and all interest earned must be used to miti ate Tribal Casino and/or Gamin im acts Local jurisdictions must demonstrate to the County that all expenditures made from the account were made in accordance with these rovisions Mark Weinberg City Manager Title February 20,2009 Name of Authorized Signature Date Authorized Signature of Applicant 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 Loca] Benefit Committee (hereinafter "Committee"), and the City of San Bernardino (hereinafter "Grantee"), pursuant to California Government Code section ]27] 5 e1. seq. 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 ofa Grant in an amount not to exceed $],5]0,879 ($525,638 for 2008- 09 and $985,241 for 2009-10) as sponsored by San Manuel Band of Mission Indians and approved by the Committee on March] 3, 2009, from the Indian Gaming Special Distribution Fund (hereinafter "SDF") for the County of San Bernardino; and WHEREAS, the County is charged with administering Grants awarded from the SOF; and WHEREAS, the legislation that created the SOF requires that Grantee's use of the Grant funds meet certain specified conditions; NOW, THEREFORE, the parties agree as follows: 1. 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: . Pursuant to Government Code section ] 2715(1), grant funding must be kept in an interest-bearing account and any interest earned on these funds must be accounted for and used only on the project. If any portion of the funds in the account is used for any other purpose, the remaining portion shall revert to the SDF. As a condition of receiving further grant funds, Grantee, upon request of the County, shall demonstrate to the County that all expenditures made from the account have been in compl iance with this requirement. . Grant funding sh.all be used specifically to fund law enforcement services in the area impacted by the San Manuel Indian Bingo and Casino. . Pursuant to Government Code section] 2715(h), any grant monies used for a purpose unrelated to those described in Exhibit A shall result in immediate termination of the grant and any unspent monies shall revert to the SOF. 2. Source and ScoDe 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 SOF 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. ]t is mutually agreed that if the State does not appropriate sufficient funds for the program, this Agreement shall Indian Gaming Special Distribution Funds Grant Agreement -City of San Bernardino Page20f5 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 1,2008 through June 30, 2010. Funding is for two years only. There is no commitment for future years. 4. Restrictions on Use of Grant Funds As required by Government Code section 12715(i), grant funds shall not be used for any purpose that would support or fund, ditectly 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 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 Government Code section 12715(j), 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 SDF 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 Exoenditures/Committee Uodates Grantee shall provide in detail a written accounting 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, 2009, using actual data available to date and estimated data for the remainder of the grant period, and again by August 20, 2010, using actual data for the entire grant period.' Grantee shall provide the Committee project updates on the implementation status of the project (approximate time frame OctoberlNovember 2009) and during the next year's grant application process (approximate time frame Marchi April 20 I 0). 7. Administrator of Al!Teement The County Administrative Office of the County shall administer this Agreement on behalf of the Committee and the County, and the City Manager 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: Beatriz Valdez 385 North Arrowhead Avenue, Fourth Floor San Bernardino, CA 92415-0120. Indian Gaming Special Distribution Funds Grant Agreement -City of San Bernardino Page 3 of 5 Grantee: City of San Bernardino Attention: Mayor Pat Morris 300 N. "D" Street San Bernardino, CA 92418 9. Audit and Insoections 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 andlor State, and agreed upon by the parties. Availability of Records: All fiscal, statistical, and management books and records shall be available for examination andlor audit by the County, andlor 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 andlor 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 immediately 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 of termination. 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. Indeoendent Caoacity (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 agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (collectively "County Parties") from any and all claims. actions, losses, damages, andlor liability which arise out of or are in any way connected to this provision of funds andlor Grantee's use of funds under the Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, Indian Gaming Special Distribution Funds Grant Agreement -City of San Bernardino Page 4 oj 5 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. This indemllification provision shall apply regardless of the existence or degree of fault of indemnitees. The Grantee's indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. 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 subj ect 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. 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 ofthis 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. Indian Gaming Special Distribution Funds Grant Agreement -City of San Bernardino Page 5 of 5 WHEREFORE, the parties each freely and voluntarily agree to all of the terms and conditions recited above. COUNTY OF SAN BERNARDINO GRANTEE + + (Authorized Signature-Sign in blue ink) (Authorized Signature.Sign in blue ink) Mark Uffer (Print or type Name) (print nr type Name) Title: County Administrative Officer Title: City Manager Dated: Dated: APPROVED AS TO LEGAL CONTENT: APPROVED AS TO LEGAL CONTENT: Steve Sin Ie (Print or type Name) 7'~ + (Authorized Signature-Sign in blue ink) orized Signature-Sign in blue ink) Title: Deputy County Counsel Title: City Attorney Dated: Dated: ~:2 r, 2""" 'f ,. Exhibit "A" County of San Bernardino Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application Procedures & Application FY 2008-09 Table of Contents Local Government Mitigation Grant Application Timeline . FY 2008-09 ...................2 Local Government Mitigation Grant Application Procedures - FY 2008-09..............3 Application Process......................................................................................................3 Application Review.......................................................................................................4 Reference Material & Definition of Terms.....................................................................5 Special Notes...............................................................................................................6 Local Government Mitigation Grant Application - FY 2008-09...................................7 Agency Contact Information .............. ........... ... ....... ... .......... ...................... ....... ............7 I mpacting Casinos........................................................................................................ 7 Project Costs................................................................................................................ 7 Grant Type....................................................................................................... ............ 7 Detailed Project Information .................. ..... .................. ............. ..... ..............................8 Grant Requirements......................................................................................... ............9 Attachments Budget Template.xls 2 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application Timeline - FY 2008-09 County of San Bernardino 01/29/09........................ Applications Formally Released 02/20/09........................ Deadline to Submit Application and Project Information to County Administrative Office 02/27/09........................ County Administrative Office Distribution of Application Recommendations to SDF Paying Tribes 03/10/09........................ Recommended Deadline for Tribes to Submit Letters of ._ SUQ]2ort.Jlnd EPrioritize.QlJsJofProiElgt~JQ 90mmjttee ~mQ_ County Administrative Office Tribal sponsorship shall confirm that the grant application has a reasonable relationship to a casino impact and satisfies at least one of the priorities identified. 03/13/09 Committee to approve sponsored applications. 03/19/09........................ Deadline for Committee to Forward Recommendations to County Administration Office (for Compilation and Submittal to State Controller) 04/15/08........................ Deadline for County Administrative Office to Summarize Committee Recommended Projects, get approved contracts and Submit to State Controller 10/01/09 ........................ Deadline for County to Provide an Annual Report to the Legislature 3 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application Procedures - FY 2008-09 County of San Bernardino Application Process I. The Indian Gaming Local Community Benefit Committee (CBC) formally released grant applications on January 30, 2009. Applications may be obtained by calling the San Bernardino County Administrative Office at (909) 387-5301 or by accessing www.sbcountv.qov/qrantsoffice. II. Application Submittal: a. 60% Nexus Grants and 20% Non-Nexus Grants1 & 20% Non-Nexus, Non- Pavinq Tribes 1 - Eligible jurisdictions shall submit completed application(s), with authorized signature, by February 20, 2009 by no later than 5:00 P.M., to: San Bernardino County Administrative Office Attn: Beatriz Valdez 385 North Arrowhead Avenue, Fourth Floor San Bernardino, CA 92415-0120 San Manuel Indian Gaming & Casino Attn: James Ramos, Chairperson 26569 Community Center Drive Highland, CA 92346 b. Complete and concise applications will enable a thorough evaluation and ensure that proposal(s) are given full consideration. III. The County Administrative Office will conduct a review of the applications received and determine their relationship to casino impacts. If appropriate, the County will certify that the application satisfies at least one of the priorities identified in AB 158 (Government Code 12715(g)). . It is recommended that the Tribal governments not paying into the Special Distribution Fund (SDF) develop a list of prioritized applications and forward the list and the applications to the County Administrative Office by February 25, 2009, for distribution to Tribal governments paying into the SDF. The County Administrative Office will forward a list of applications that satisfy at least one of the priorities identified in AB 158 to the Tribal government paying into the SDF for sponsorship by February 27,2009. , Refer to the "Definition of Terms" section for an explanation of these grant types. 4 Tribal governments paying into the SDF must develop a prioritized list of sponsored applications and forward the list and the sponsored applications to the County Administrative Office by March 10, 2009. A letter signed by the authorized Tribal representative indicating Tribal sponsorship must accompany each sponsored application. IV. The Committee will assess the eligibility of jurisdictions applying for grant funding and will review and rank sponsored applications. Projects recommended for funding by the Committee will be released on or about March 19, 2009. V. A list of approved projects for funding will be transmitted to the State Controller upon recommendation by the Committee no later than April 15, 2009. VI. The State Controller will disburse funds directly to the local government jurisdiction for which grant funding has been recommended by the Committee. Application Review I. The applicant will determine the type of grant for which they are eligible (60% Nexus or either of the two 20% Non-Nexus grants2. Only cities and the County are eligible for 60% Nexus grants. This is noted on the application. The applicant also indicates the pertinent nexus criteria by checking each of the applicable nexus criteria. A minimum of two nexus criteria are required. II. Cities, the County, and Special Districts are eligible for 20% Nexus grants to mitigate impacts of both SDF paying and non-paying Tribes. III. The amount of AB 158 grant funding being requested through the application must be listed. Please do not list any other sources of funding in this area. IV. The authorized signor of the application is the individual who has been authorized by the local jurisdiction's governing body to apply for grant funding. V. The legal address of the jurisdiction is required. VI. The contact person listed should be the individual most knowledgeable about the project and authorized to discuss all aspects, should additional information be required. VII. The priority uses for AB 158 grant funds are listed in Government Code 12715 (g). Please note that a portion of the Tribal government's review includes certification that the application satisfies at least one of the priorities. , Refer to the "Definition of Terms" section for an explanation of these grant types. 5 VIII. When describing impacts associated with a Tribal Casino and/or Gaming, it is very important to remember that this question does not pertain to reservation impacts. IX. A complete description of the project is required. X. Only the proportionate share of the project that mitigates impacts of Tribal gaming will receive funding. This information and acknowledgement of the requirement is requested. XI. Awarded funding will be sent to the jurisdiction directly by the State. AS 158 requires these funds are held in an interest bearing account until spent. Interest earned must be used for mitigation measures. XII. AS 158 requires awarded jurisdictions demonstrate to the County that all expenditures made from the account were made in accordance with the above provisions. XIII. The total cost of the project should include costs funded by other sources, as well as the funding requested through the application. This amount may differ from the amount of mitigation finding requested through the application XIV. Information is requested on competitive bidding and public works requirements. XV. In accordance with AS 158, awarded projects should be fully allocated by June 30, 2009. Reference Material & Definition of Terms I. Countv Tribal Casino Account - An account consisting of monies paid by County Tribes into the SDF, after deduction of amounts appropriated to the priorities specified in Government Code Section 1012.85. II. Individual Tribal Casino Accounts - An account for each individual Tribal casino that has paid money into the SDF. The individual Tribal casino accounts are funded in proportion to the amount individual Tribes paid into the SDF. III. Local Jurisdiction & Local Government Jurisdiction - A city, county, or special district. IV. 60% Nexus Grants - Sixty percent (60%) of each individual Tribal Casino Account is available fore nexus grants to cities and counties impacted by Tribes paying into the SDF, based on a four-part nexus test. The nexus test is based on the proximity of the local government jurisdiction to the individual Indian land upon which a Tribal casino is located and determines priority for grants using the following criteria: a. City or County borders the Indian land on all sides; b. City or County partially borders Indian land; 6 c. City or County maintains a highway, road, or other thoroughfare that is a predominant access route to a casino located within 4 miles; d. All or part of the City or County is located within 4 miles of the casino. Within each funding level, the funding will be distributed in equal proportions to qualifying local jurisdictions: . Fifty percent (50%) shall be awarded to local government jurisdictions meeting all four of the nexus test criteria; . Thirty percent (30%) awarded to jurisdictions that meet three of the nexus test criteria; . Twenty percent (20%) awarded to jurisdictions that meet two of the nexus test criteria. V. 20% Non-Nexus Grants - Twenty percent (20%) of each individual Tribal Casino Account is available for discretionary grants to local jurisdictions impacted by Tribes that are paying into SDF. These discretionary grants will be made available to all local jurisdictions in the County, regardless of geographic nexus to any particular Tribal Casino. VI. 20% Non-Pavinq Non-Nexus Grants - Twenty percent (20%) of each individual Tribal Casino Account is available for discretionary grants to local jurisdictions impacted by Tribes that are not paying into the SDF. These grants will be made available to local jurisdictions in the County, regardless of geographic nexus to any particular Tribal casino. Similar to Nexus grants, these grants are subject to sole sponsorship of the Tribes that pay into the SDF and the recommendations of the CSC. Grants are limited to addressing service-oriented impacts and assistance with one- time large capital projects specifically related to Indian Gaming impacts. Special Notes I. A grant may not be made for any purpose that would support or fund either directly or indirectly, any effort related to opposition or challenge of Indian Gaming in the State, and, to the extent any awarded grant funds are used for any prohibited purpose by any local government, upon notice given to the County by any Tribe whose individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any finds unspent shall be made available for qualified nexus grants. II. A local government jurisdiction that is a recipient of a grant from an individual County Tribal Casino Account or a County Tribal Casino Account shall provide notice to the public, either through a slogan, signage, or other mechanism, stating that the local government project received funding from the Indian Gaming Special Distribution Fund and further identifies the particular individual Tribal Casino Account from which the grant was derived. 7 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application. FY 200S-09 County of San Bernardino ~. -" Name of Jurisdiction: Federal Tax ID Number: Contact Name: Title: Email: Street Address: Cit : State: Phone Number: Cit of San Bernardino 95-6000-772 Pe i Hazlett Assistant to the Ma or Hazlett pe@sbcitV.orq 300 North D Street San Bernardino CA 909.384.5133 Zip Code: Fax Number: 92418 909.384.5067 :~~iijP,~; ,~',~. I' X Law Enforcement r:J Fire Services o Behavioral Health o Child Care Programs o Environmentallmpacts o Emergency Medical Services o o Recreation & Youth Programs o Planning & Adjacent Land Uses o Waste Disposal o Public Health o Roads o Other: Name of Project: Project Time Frame: Total Project Costs: Amount of Funding Requested: Percent of Project Grant Funded : Project Funding: Other Sources of Funding: POLICE OFFICERS / PUBLIC SAFETY Present to June 30, 2009 $ 984,698.00 $ 525,637.81 53% X One-Time Multi-Year; Number of Years: SDF Grant 2007+ Interest $ 459,060.19 Insert Name of Source Insert Monetary Contribution Insert Name of Source Insert Monetary Contribution Insert Name of Source Insert Monetary Contribution Insert Name of Source Insert Monetary Contribution 3 Application must include a proposed budget; See template ,~ 1 - (Total Project Cost - Amount of Funding Requested) I Total Project Cost 8 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. 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: . 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 fundin awarded to 'urisdictions that meet 2 of the nexus test criteria o City, County, or Special District jurisdiction that borders the tribal lands on all sides; XX City, County, or Special District jurisdiction that partially borders tribal lands; XX City, County, or Special District that maintains a highway, road, or other thoroughfare that is the redominant access route to a casino that is located within 4 miles; XX All or a portion of the City, County, or Special District jurisdiction that is located within 4 miles of the casino. X 20% Non-Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the S ecial Distribution Fund qualif for this rant cate 0 . 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 rant cate 0 . ., Describe the Impact(s) associated with the Tribal Casino and/or Gaming. I See attachment Describe the proposed project in detail including how it will mitigate the impact(s) described above. See attachment What percentage of the project will directly mitigate impacts of the Tribal Casino and/or Gamin ? 100% Describe what performance measurements will be utilized. N/A I Will this project be competitively bid? N/A , Is this project subject to Public Works requirements? N/A I 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? Identif , if possible, roject breakpoints that the committee could consider. Refer to Budget Narrative 5 Type of grant for which your agency is applying for; A project may only qualify for one category: 60% Nexus or 20% Non-Nexus 9 [' \f!:;'/;, 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. This application must include a formal letter of sponsorship from the Tribal Chairman, or designated authority, operating the Tribal casino for which mitigation is being requested. Approved grant applications will require the following: (Please initial by each of the following items to acknowled e each re uirement. Approval by local jurisdictions of an agreement with the County of San Bernardino, acting on behalf of the Committee Project updates and required reports to be submitted to the Committee Local jurisdiction, that is grant recipient, 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 as re uired b California Government Code section 12715 i SDF will only be used to finance the percentage of the project that directly mitigates the im acts as iven above of Tribal Casino and/or Gamin ,as iven above SDF will be held until spent in an interest bearing account and all interest earned must be used to miti ate Tribal Casino and/or Gamin im acts Local jurisdictions must demonstrate to the County that all expenditures made from the account were made in accordance with these rovisions Mark Weinberg City Manager Name of Authorized Signature Title February 20,2009 Date Authorized Signature of Applicant 7 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application - FY 2008-09 County of San Bernardino Name of Jurisdiction: Federal Tax 10 Number: Contact Name: Title: Email: Street Address: Cit : State: Phone Number: Cit of San Bernardino 95-6000-772 Pe i Hazlett Assistant to the Ma or Hazlett pe(ci)sbcitv.orq 300 North D Street San Bernardino CA 909.384.5133 Zip Code: Fax Number: 92418 909.384.5067 , Name(s) of Casino(s) Impacting Applicant: X Law Enforcement '=:J Fire Services o Behavioral Health o Child Care Programs o Environmentallmpacts o Emergency Medical Services o o Recreation & Youth Programs o Planning & Adjacent Land Uses o Waste Disposal o Public Health o Roads o Other: Name of Project: Project Time Frame: Total Project Costs: Amount of Funding Requested: Percent of Project Grant Funded : Project Funding: Other Sources of Funding: POLICE OFFICERS / PUBLIC SAFETY July 01, 2009 to June 30, 2010 $ 985,241.00 $ 985,241.00 100% X One-Time None Insert Name of Source , Insert Name of Source Insert Name of Source Insert Name of Source Multi-Year: Number of Years: ,7r.:}~_)fL~'* ~ ~"'\"-"...4.:l' Insert Monetary Contribution Insert Monetary Contribution Insert Monetary Contribution Insert Monetary Contribution 3 Application must include a proposed budget; See template 4 = 1 _ (Total Project Cost- Amount of Funding Requested) I Total Project Cost 8 i 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. 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: . 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 fundin awarded to 'urisdictions that meet 2 of the nexus test criteria City, County, or Special District jurisdiction that borders the tribal lands on all sides; XX City, County, or Special District jurisdiction that partially borders tribal lands; XX City, County, or Special District that maintains a highway, road, or other thoroughfare that is the redominant access route to a casino that is located within 4 miles; XX All or a portion of the City, County, or Special District jurisdiction that is located within 4 miles of the casino. X 20% Non.Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund ualif for this rant cate 0 . 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 rant cate 0 . .. ~ Ii .'. ., $ . . .. Describe the Impact(s) associated with the Tribal Casino and/or Gaming. See attachment Describe the proposed project in detail including how it will mitigate the impact(s) described above. See attachment What percentage of the project will directly mitigate impacts of the Tribal Casino and/or Gamin ? 100% Describe what performance measurements will be utilized. N/A Will this project be competitively bid? N/A Is this project subject to Public Works requirements? IN/A , 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? Identif , if possible, ro'ect break oints that the committee could consider. Refer to Budget Narrative 5 Type of grant for which your agency is applying for; A project may only qualify for one category: 60% Nexus or 20% Non-Nexus 9 II 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. This application must include a forma/letter of sponsorship from the Tribal Chairman, or designated authority, operating the Tribal casino for which mitigation is being requested. Approved grant applications will require the following: (Please initial by each of the following items to acknowled e each re uirement. Approval by local jurisdictions of an agreement with the County of San Bernardino, acting on behalf of the Committee Project updates and required reports to be submitted to the Cornmittee Local jurisdiction, that is grant recipient, 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 as re uired b California Government Code section 12715 i SDF will only be used to finance the percentage of the project that directly mitigates the im acts as iven above of Tribal Casino and/or Gamin ,as iven above SDF will be held until spent in an interest bearing account and all interest earned must be used to miti ate Tribal Casino and/or Gamin im acts Local jurisdictions must demonstrate to the County that all expenditures made from the account were made in accordance with these rovisions Mark Weinberg City Manager Name of Authorized Signature Title February 20,2009 Authorized Signature of Applicant Date