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RESOLUTION NO. 2017- 214
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT
THE SAN MANUEL COMMUNITY CREDIT FUND RESTRICTED GRANT IN THE AMOUNT OF $ 4, 200, 000 THROUGH 2020 AND TO AMEND THE ADOPTED FISCAL YEAR 2017/ 18 BUDGET BY $ 1, 800, 000
WHEREAS, the San Manuel Band of Mission Indians (" Tribe") is proposing to grant 1$600,000 in 2017, from October 1, 2017 to December31, 2017; and $1.2 million annually for 2018, 2019, and 2020, to the San Bernardino Police Department for the purpose of improving police visibility and public safety in the community surrounding the San Manuel Indian Reservation; and
WHEREAS, public safety is critical to the Mayor and City Council' s objectives of creating an economically viable and safe community; and
WHEREAS, the grant application will not require a match of funding.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AS FOLLOWS:
Section 1. Upon the acceptanceand funding, all funds related to the San Manuel Community Credit Fund Restricted Grant shall be used to increase police visibility in the community surrounding the San Manuel Indian Reservation in accordance with the Agreement attached as Exhibit " A".
Section 2. The City Manager is hereby authorized to execute the required Agreement and supporting documentation between the City of San Bernardino and the San Manuel Band of Mission Indians for the SanManuel Community Credit Fund Restricted Grant.
Section 3. The Finance Director is authorized to amend the adopted Fiscal Year 2017/ 18 budget by $ 1,800, 000 to reflect the grant resources eligible to be received in this fiscal period to a grant account to be determined by the Finance Director. 1 1
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT
THE SAN MANUEL COMMUNITY CREDIT FUND RESTRICTED GRANT IN THE AMOUNT OF $ 4, 200, 000 THROUGH 2020 AND TO AMEND THE ADOPTED FISCAL YEAR 2017/ 18 BUDGET BY $ 1, 800, 000
Section 4. A copy of this Resolution shall remain on file in the City Clerk' s Office for a minimum of seven ( 7) years after the date of adoption. 2 1
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28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT
THE SAN MANUEL COMMUNITY CREDIT FUND RESTRICTED GRANT IN THE AMOUNT OF $ 4, 200, 000 THROUGH 2020
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of theCity of SanBernardinoata Joint RegularMeetingthereof, heldonthe 1St
day of
November 2017, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
BARRIOS X
VALDIVIA X( S)
SHORETT X
NICKEL X(M)
RICHARD X
MULVIHILL X
ABSTAIN ABSENT
CIL
Georgeann na, CMC, City Clerk
The foregoing Resolution is hereby approved this l
st
day of November 2017.
42 R. Carey Davis, yor
City of San Be rdino
Approved as to form:
Gary D. Saenz, City Attorney
By:
3 4 MANUEL COMMUNITY CREDIT FUND
RESTRICTED GRANT AGREEMENT
City of San Bernardino
This Restricted Grant Agreement ( this " Agreement") is entered into and made effective this October 1, 2017 ( the " Effective Date") between City of San Bernardino, a local government agency of the State of California (" Grantee"), located at 290 North D Street, San Bernardino, CA, 92418, and the SanManuel Band of Mission Indians, a federally recognized Indian tribe (" Tribe" and with Grantee collectively, the " Parties"), located on the San Manuel Indian Reservation, with a mailing addressof 26569 Community Center Drive, Highland, CA, 92346.
I. GRANTEE' S STATUS. This grant is specifically conditioned upon Grantee's statusas an entity eligible to receive a grant from the SanManuel Community Credit Fund establishedby San Manuel pursuant to the Tribal State Compact between the State of California and the Tribe Compact") in satisfying the criteria of being a local jurisdiction that provides law enforcement services that in part serve the needs of off -Reservation County residents as set forth in Sections
5. 3( a)( 1) & ( 2) of the Compact.
II. PURPOSE OF GRANT. The Parties acknowledge and agree that the purpose of Tribe' s Grant (asdefined below) is to provide funding from the SanManuel Community Credit Fund in support of the efforts of the San Bernardino Police Department (" SBPD") to improve police visibility and public safety in the community surrounding the San Manuel Indian Reservation hereinafter " Grant Project"). The grant is made and shall be used only for the purposes and activities expressly described in this Agreement. The grant funds, which includes any interest earned on the funds ( hereinafter collectively referred to as " Grant"), may not be usedfor any other purpose without prior written approval from Tribe.
III. OBJECTIVES AND SCOPE OF GRANT PROJECT
A. Grantee shall undertake and complete the Grant Project within thirty- nine ( 39) months of the Effective Date unless Tribe agrees in writing to alternative timelines. For the duration of the Grant Project, Grantee shall usethe Grant solely to achievethe following objectives:
Substantially increase visibility of the San Bernardino Police Department in the Defined Area ( as that term is defined below in subsection Q.
Improve public safety in the Defined Area.
Strengthen the Tribe' s relationship with its neighboring community.
Further the Tribe' s collaboration with the City of San Bernardino to promote public safety.
B. Fulfillment of the objectives of the Grant Project shall be achieved through the accomplishment of the following strategic goals:
Reduce crime and crime related problems through specific data -driven deployment of law enforcement resources, including SBPD police officers working on overtime shifts, Community Service Officers and trained citizen volunteers into the defined area.
Install specialized equipment and technology to assist in addressing crime issues and deployment strategiesimpacting the Defined Area.
Increase the size, scope, and deployment of the Citizen Volunteer Program.
Host, through the SBPD or San Bernardino City Council member' s office, an annual community meeting in the defined area to address any community policy issues.
C. For purposes of the Grant Project and this Agreement, the " Defined Area" shall be designated as follows:
1. The western half of the C4 beat and the easternextremity of the C1 SBPD beat. The central portion of the Defined Area is bounded by Arden Avenue on the west, Highland Avenue to the south, OrangeAvenue to the east, and city limits to the north.
2. The geographic limits of the Defined Area describedabove arerepresentedvisually on the map attached to this Agreement as Exhibit A, which shall control if there is a conflict between Section III. C. 1 and Section III. C. 2.
D. The Grant shall be expendedby Granteein two phases (PhaseI and PhaseII) pursuant to the following scheduleandparameters:
1. Phase I ( October 1, 2017 through December 31, 2017) a. Deployment_ of Personnel: Sworn Officers -_ Overtime: Grantee shall use the Grant to fund the equivalent of two ( 2) overtime shifts ( not to exceed 20 hours total per day) for sworn SBPD police officers to operate exclusively in the Defined Area seven (7) days per week. The SBPD shall determine the number, specific duration, and purpose of service for the officers funded pursuant to this Section III( D)( 1)( a). The assigned officers shall not leave the Defined Area unless they arerequired to respondto a high- priority call for service outside the area. In that instance, the SBPD shall make every effort for the assignedofficer( s) to return to the Defined Area as soon aspossible during that shift.
b. Deployment of Personnel: Community Service Officers / Parking Control Officers: Granteeshall usethe Grant to fund the equivalent of twenty (20) overtime hours of work total per day by SBPD Community Service Officers (" CSO") or SBPD Parking Control Officers (" PCO") for seven 7) days per week, who shall provide traffic control or handleparking issues, traffic collision reports ( CSO only) and basic crime reports ( CSO only) exclusively in the Defined Area. The Department shall determine the specific number of officers, duration, and purpose of service for the PCOs and CSOs funded pursuant to this subsection Section III( D)( 1)( b).
Deployment of Personnel: Citizen Patrol Volunteers: Grantee shall use the Grant to fund a Citizens Patrol comprised of qualified volunteers charged with observing, reporting, and conducting vacation checks in the neighborhoods located in the Defined Area. The number of Citizen Patrols shall dependon the number of volunteers andtheir availability. 0)
TheSBPDshallhavesoleresponsibilityfor organizing, administering, and managing the Citizen Patrols.
d. Purchase of Equipment: Police Vehicles: Grantee shall use the Grant to purchasetwo ( 2) police patrol vehicles for use by SBPD. Granteeshall begin the purchaseprocessduring PhaseI and shall put eachvehicle into service within one ( 1) year of the Effective Date. Grantee shall design, produce, and display on the police patrol vehicles, at Grantee's own cost and for the duration of the useful life of the vehicles, a high-quality decal that statesthe following: " This vehicle was made possible with funding from the San Manuel Band of Mission Indians." Grantee shall submit in advance to Tribe the proposed design and dimensions of the decal for Tribe' s timely written approval, which shall not be unreasonablywithheld. e. Purchase of Equipment: Citizens Patrol Vehicle: Grantee shall use the Grant to purchaseone (1) vehicle to be usedby the City' s Citizens Patrol.
Granteeshall begin the purchaseprocessduring PhaseI and put the vehicle into service within one ( 1) year of the Effective Date. Grantee shall design, produce, and display on the Citizens Patrol vehicle a permanent, clearly visible decal, at Grantee's own cost and for the duration of the useful life of the vehicle that states: " This vehicle was made possible with funding from the SanManuel Band of Mission Indians." Grantee shall submit in advance to Tribe the proposed design and dimensions of the decal for Tribe' stimely written approval, which shall not be unreasonablywithheld, and shall further comply with any applicable requirements of Section VI( 1) of this Agreement. f. Purchase of Equipment: Signage: Grantee shall use the Grant to create and install up to twelve ( 12) signs of durable construction, approximately 30 inches wide by 24 inches tall, at mutually agreed locations within the Defined Area that states: " Law Enforcement for this neighborhood funded in part by the SanManuel Band of Mission Indians." Grantee shall submit in advance to Tribe the proposed designs, dimensions, and materials to be used for the signs for Tribe' stimely written approval, which shall not be unreasonably withheld, and shall further comply with any applicable requirements of Section VI( 1) of this Agreement.
g. Purchase of Equipment: Crime Cameras: Grantee shall use the Grant to purchase and install four crime cameras in the Defined Area to be monitored by the SBPD. Granteeshall begin the purchaseprocessduring Phase I and shall install the cameras within six ( 6) months of the Effective Date. The installation location of the crime cameraswill be determinedby the SBPD upon consultation with Tribe.
h. Purchase of Equipment: Traffic Cameras: Grantee shall use the Grant to purchase and install ten ( 10) automated license plate recognition traffic cameras at an intersection in the Defined Area in order to monitor the traffic at that intersection. The purchaseand planning processshall begin during PhaseI andinstallation of the traffic camerasshall be completed within one ( 1) year of the Effective Date. The installation location shall be determinedby the SBPD upon consultation with Tribe.
i. Purchaseof Equipment: Miscellaneous Equipment: Granteemay usethe Grant for the purchaseof miscellaneousequipment deemednecessaryfor law enforcement and communications, such asvideo editing equipment.
Grantee shall notify Tribe in advance and in writing of the intended purpose and cost of any miscellaneous equipment Grantee intends to purchase, and, for auditing purposes, forward to Tribe an itemized list of the miscellaneous equipment and costs within three ( 3) months of the purchase of the miscellaneous equipment.
2. Phase II ( January 1, 2018 through December 31, 2020) a. Deployment of Personnel: For each calendar year of Phase II, Grantee shall use approximately 70-80% of the Grant to fund the staffing of a combination of SBPD personnel as follows:
1. Sworn SBPD Personnel:
a. The equivalent of two overtime shifts (20 hours total) per day by swornSBPDpoliceofficersto operateexclusivelyin the
Defined Area ( 7) seven days per week; or
b. As overall SBPD staffing improves and allows in the future, an equivalent contingent of full- time, sworn SBPD officer positions who shall be assignedexclusively to the Defined Area for the duration of the Grant.
The SBPD shall determine the number of officers, shift assignments, specific duration, and purpose of service for officers funded pursuant to this Section III( D)( 2)( a). The assigned officers shall not leave the Defined Area unless required to respondto a high-priority service call outsidethe Defined Area. In that instance, the SBPD shall make every effort for the officer( s) to return to the Defined Area assoon aspossible during that shift.
2. Community Service Officers / Parking Control Officers:
CSOs or PSOs on an overtime basis, who shall provide traffic control, handle parking issues, traffic collisions ( CSO only) and basic crime reports (CSO only) for residentsin the Defined Area. The SBPD shall determine the specific number of officers, duration and purpose of service.
3. Citizen Volunteer Patrols: A Citizen Volunteer Patrol comprised of qualified volunteers charged with observing, reporting, and conducting 4 vacation checks in the neighborhoods within the Defined Area. The number of Citizens Patrols will depend on the number of volunteers and their availability.
4. Additional Personnel: Grantee may identify and hire additional SBPD personnel who would enhance the ability of the SBPD in its efforts to address crime trends and problems affecting the Defined Area. Such additional personnel shall serve police roles within the Defined Area in a manner that is visible to the public and reinforces the law enforcement presence in the Defined Area.
b. Purchase of Equipment: Grantee shall use approximately 20- 30% of the Grant each year to purchase equipment intended to support SBPD patrol and investigation functions affecting the Defined Area. Such equipment may include, but is not limited to, the following:
1. Patrol vehicles or motorcycles;
2. Patrol bicycles;
3. Community Service Officer vehicles;
4. Citizen Volunteer vehicles;
5. Crime cameras;
6. Automated License Plate Readers ( mobile or fixed);
7. Miscellaneous Equipment: Grantee may use the Grant for the purchaseof miscellaneous equipment deemednecessaryfor law enforcement and communications, such as video editing equipment.
Grantee shall notify Tribe in advance and in writing of the intended purpose and cost of any miscellaneous equipment Grantee intends to purchase, and, for auditing purposes, forward to Tribe an itemized list of the miscellaneous equipment and costs within three ( 3) months of the purchase of the miscellaneous equipment.
IV. AMOUNT AND PAYMENT OF GRANT. The Parties agree the total Grant amount is Four Million Two Hundred Thousand Dollars ($ 4, 200, 000. 00), payable in lesser annual installments to Granteepursuant to the following schedule:
Phase I
Six Hundred Thousand Dollars ($ 600, 000. 00) payable within 15 calendar days of full execution of this Agreement
Phase II
One Million Two Hundred Thousand Dollars ($ 1, 200, 000. 00) to be divided into four payments to Granteein the year 2018 on the 15thof January, April, July, and October One Million Two Hundred Thousand Dollars ($ 1, 200, 000. 00) to be divided into four quarterly payments to Grantee in the year 2019 on the 15' h
of January, April, July, and
October
One Million Two Hundred Thousand Dollars ($ 1,200, 000. 00) to be divided into four quarterly payments to Grantee in the year 2020 on the 15ffiof January, April, July, and October
V. PERIOD OF GRANT, TERM OF AGREEMENT. The Grant shall be used exclusively to fund the Grant Project for the period from Effective Date through December 31, 2020 Execution Period"), pursuant to the requirements set forth in this Agreement.
VI. TERMS AND CONDITIONS OF GRANT. Grantee agrees that the Grant is subject to the following conditions:
a. Expenditure of Grant Funds.
1. Use of Funds. Granteewill spendthe Grant only for the purposesof funding the Grant Project in accordance with Section III of this Agreement.
2. Payment of Funds to Related Parties of Tribe. No part of this Grant may be paid to any director, officer, employeeor citizen ( or their family members) of Tribe for any purpose.
b. Return of Funds. Grantee shall return to Tribe any and all Grant funds if Tribe determinesin its reasonablediscretion that either of the following apply:
1. Grantee has not performed in accordance with this Agreement; or
2. Any portion of the Grant is not used for the Grant Project. c. Records, Audits, Site Visits. The Grant provided by Tribe will be accountedfor separatelyin Grantee'sbooks and records. A systematic accounting record shall be kept by Grantee of the receipt and disbursement of the Grant funds. Grantee will retain original substantiating documents related to restricted Grant expenditures and make these records available for Tribe' s review upon ten ( 10) days' prior written request. As a material term of this 2 Agreement, Granteeagreesto maintain adequatefinancial recordspertaining to the Grant, and acknowledges that Tribe may require Grantee to produce written documentation related to Grant expendituresin a format appropriateto be forwarded by Tribe to the Stateof California in order to comply with Compact requirements, and Granteeagreesto timely comply with any such request. Tribe, or a designated representative, reserves the right, upon written notice, to conduct a site visit and/or audit Grantee's books and recordsrelating to the expenditure of the Grant. d. Reports.
1. Summary Report. Grantee shall submit a brief written summary report confirming Grant Project has been completed in accordance with terms of this Agreement.
2. Monthly Reports
a) Statistical Crime/ Enforcement Trends. Grantee shall submit a brief monthly report to Tribe' s Chief Security and Risk Officer to include the following information:
i) Summary of calls for service in the Defined Area (type and number) ii) Summary of crimes reported in the Defined Area ( type and number) iii) Summary of arrestsin the Defined Area (type and number) e. Expenditures. Expenditures of the Grant must be madesubstantially in accordance with the requirements of Section I11. Any material changesshall be subject to Tribe' sprior written approval.
Licensing and Credentials. Grantee shall maintain, in full force and effect, all required governmental or professional licenses, credentials, authorizations, and approvals for itself, its facilities, equipment and employees, and all other persons engaged in work pursuant to this Grant.
g. Management and Organizational Changes. Grantee shall provide immediate written notice to Tribe if significant changes or events occur during the Execution Period which could potentially impact the progressor outcome of the Grant, including, without limitation, changes in Grantee' s management personnel, scope of governmental authority, or losses of funding from any other sources.
h. Termination.
1. By Either Party for Breach or Failure to Perform. Either Party hereto may terminate this Agreement upon not less than thirty ( 30) days' prior written notice to the other for failure on the part of such Party to perform a material obligation hereunder, or for a breach of suchParty' s representationor warranty made in this Agreement.
2. By Tribe for CauseUnrelated to Breach or Failure to Perform. Tribe may terminate this Agreement upon not less than thirty ( 30) days' prior written notice to Granteefor i) Grantee' s change in the fundamental mission, or ( ii) Grantee' s implication in an event, or series of events, of such notoriety or opprobrium that the continuation of this Agreement has or 7 will have a negative impact upon Tribe, its image or reputation, or (iii) Grantee's inability to fulfill the requirements for payment set forth herein.
3. By Tribe for Ani Other Reason. Tribe may also terminate this Agreement for any reason, or no reason, in its solediscretion; provided, however, absentany breachhereof by Grantee, Tribe will pay the Grant only in accordancewith this Agreement, including the cost of removal of All Identification. Grantee shall not be entitled to any other payment from, or legal or equitable remedy against, Tribe.
4. Removal of All Identification. Under all events of termination hereunder, Granteeshall, upon Tribe' s written demand, immediately remove all signageand other identification from the facilities and all other places, things and sites wherever there are references to Tribe ( collectively, " All Identification"), at Grantee' s sole cost and expense.
Grantee's removal of All Identification shall be completed as soon asreasonablypractical, but in no event later than thirty ( 30) days after the notice of termination.
5. Cumulative Rights and Remedies. Except as limited above or elsewhere in this Agreement, the foregoing rights and remediesare cumulative of, and in addition to, any rights, remedies or recourses to which the terminating party may be entitled at law or in equity. i. Public Reporting and Media. In recognition of the Grant it is the Parties' understanding that Grantee will express its appreciation and provide recognition publicly to Tribe. The Parties will mutually agree in advance on the manner of presentation and contents of suchpublic recognition. Granteewill also disseminateto the public, by using established channels of communication, pertinent information relating to the results, findings or methods developed through the Grant.
j. Knowing Assumption of Obligations. Grantee acknowledges that it understands its obligations imposed by this Agreement.
k. Identification of Tribe. Grantee shall ensure that Tribe is clearly identified as a funder or supporter of Granteein all published material relating to the subjectmatter of the Grant. Grantee shall list Tribe as a funder or supporter in its annual report, if any. All proposed Granteeexternal communications regarding Tribe shall be submitted first to Tribe for its review and written approval.
1. Ownershjp and Use of Marks.
1. License. Grantee acknowledges and agrees that Tribe is the owner of all right, title and interest in and to Tribe' s name and logo ( collectively its " Marks") and that Grantee' s use of the Marks pursuant to this Agreement inures to the benefit of Tribe. Tribe hereby grants Grantee a non- exclusive and non - transferable license, without the right to sublicense, to use the Marks solely in connection with providing recognition of the Grant pursuant to this Agreement.
Grantee shall have no rights in or to the Marks, except as expressly granted herein. Tribe expresslyreservesto itself all rights in andto the Marks not expressly grantedto Grantee pursuant to this Agreement. The manner and use of the Marks shall comply with all federal and statelaws pertaining to trade names, trademarksand service marks in force at any time and shall clearly indicate Tribe' s ownership of the Marks as requested and approved by Tribe.
2. A_pnroval Rights. All usesof the Marks by Granteeare subject to theprior written approval of Tribe. Grantee will submit to Tribe for approval, at least ten ( 10) business days prior to its intended first use, all materials which contain the Marks ( whether in print media, direct mail, television, radio, internet, email, billboard or in any other form, media or channel). Tribewill havetheright to reviewandapproveanycopycontainingreferenceto Tribe or including the Marks prior to its useby Grantee. Tribe will use its reasonableefforts to promptly review materials sentby Granteefor approval and will not unreasonablywithhold or delay its approval. In no event shall Granteemake any unapproved changesto the Marks. m. Selection of Subgrantees. With regard to the selection of any subgranteesto carry out the purposes of this Grant, Grantee retains full discretion and control over the selection process, actingcompletelyindependentlyof Tribe. Thereis noagreement, written or oral, by which Tribe may cause Grantee to choose any particular subgrantee. n. No Agency. Granteeis solely responsible for all activities supportedby the Grant, the content of any product or service created with or paid for by the Grant, and the manner in which any suchproduct or service may be disseminated. This Agreement shall not createany agency relationship, partnership, or joint venture between the Parties, and Grantee shall make no such representation to anyone.
o. Remedies. If Tribe determines, in its reasonable discretion, that Grantee has substantially violated or failed to carry out any provision hereof, including but not limited to failure to submit reports when due, Tribe may, in addition to any other legal remediesit may have, refuse to make any further Grant paymentsto Granteehereunderor any other grant agreement, andTribe may demand the return of all or part of the Grant funds not properly spent or committed to third parties, which Granteewill immediately repay to Tribe. Tribe may also avail itself of any other remedies available at law.
p. Waiver of Claims and Indemnification. Granteewaives any and all claims and recourseagainstTribe, including the right of contribution for loss or damagesto personsor property arising from, growing out of, or in any way connectedwith or incidental to fulfillment of the terms and conditions specified in this Agreement. Additionally, Granteewill indemnify, defend, protect and hold Tribe and its instrumentalities and entities, and all of the officers, managers, members, employees, agents and representatives thereof ( collectively, the Indemnitees"), harmless from any cost, expense, claim, demand, liability and/or damage, including reasonableattorney's fees and costs ("Claims"), arising out of or in connection with, in whole or in part, (i) any false or misleading representationmade by Grantee, its agents, employees or delegated representatives in connection with this Agreement, ( ii) Grantee' s breach of any term of this Agreement, ( iii) the performance of Tribe' s obligations pursuant to this Agreement, or (iv) any claims or actionsbrought by third parties in connection with the Grant Project. Granteefurther waives any and all Claims to the extent resulting from, relating to or arising out of ( i) the facilities where the Grant project occurs and/or the operational activities of Granteetherein, including, without limitation, any disputesby, between or amongthird parties and Grantee ( or Grantee' s respective agents, subcontractors ( if any), and employees) or its services, any personal injuries sustainedby any person at or in connection with Grant Project, and/ or any agreements with third parties entered into by Grantee or its agents in connection with the operation of the Grant Project, or ( ii) the negligent acts or omissions or willful misconduct of Granteeor its agents , subcontractors (if any), or employeesin connection with the subjectmatter of this Agreement.
E
The obligations of this Section VI ( p) shall survive until the expiration of the statute of limitations applicable to the event giving rise to the Claims.
Grantee shall be responsiblefor obtaining a waiver consistentwith this Section VI( p) from any and all subgrantees in favor of Indemnitees as described above. q. Notices. All notices, requests, demands, or other communication permitted or required to be given under this Agreement shall be in writing and shall be deemed given or made when sent by United Statescertified or registeredmail, return receipt requestedandpostage prepaid, or by a nationally recognized overnight courier, delivery fee prepaid, and in either case to the persons and at the addresses specified below:
If to Tribe:
Jerry Paresa, Chief Executive Officer
San Manuel Band of Mission Indians
26569 Community Center Drive
Highland, CA 92346
If to Grantee:
Andrea Miller
City Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92418
The personsand addressesset forth above, from time to time, may be changedby written notice sent as aforesaid to the other Party.
r. Captions. All captions and headings in this Agreement are for the purposes of reference and convenienceonly. They shall not limit or expandthe provisions of this Agreement.
s. Entire Agreement; Amendments and Modifications. This Agreement constitutes the entire agreementof the Parties with respectto the subjectmatter hereof and supersedesany and all prior and contemporaneous oral, written and other agreements between the Parties. This Agreement may not be amended or modified, except in a writing signed by both Parties. t. Governing Law/ Jurisdiction. This Agreement shall at all times be governedby and construed in accordance with the laws of the State of California applicable to agreements made in California.
u. Non - Assignment. The Parties agree that none of the provisions of this Agreement shall be assigned or delegated to any other person or entity without the prior written consent of the other Party, which consentwill be in the Party' s sole and absolutediscretion. v. SuccessorsandAssigns. The Partiesagreethat this Agreement shall bebinding upon them and each of their respective successors and permitted assigns. 10 w. Amendment. This Agreement may only be amendedin a writing signedby eachof the Parties hereto.
x. Waiver. No waiver hereunderwill be valid unless setforth in a writing signedby the Party to be bound thereby. Neither the failure nor any delay on the part of either Party to exercise any right or remedy under this Agreement shall operate as a waiver thereof. y. Force Ma' eure. Each of the Parties shall be excusedfrom performing its obligations under this Agreement if its performance is delayedor prevented by any eventbeyond suchParty' s reasonablecontrol, including, but not limited to, actsof God, earthquake, fire, explosion, weather, disease, war, insurrection, civil strife, riots government actions, or power failure, provided that suchperformance shall be executedonly to the extent of and during such disability.
z. Severability. In the event any portion of this Agreement or any amendmentsor addendahereto shall be held illegal, void or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the terms or conditions of this Agreement is in conflict with any applicable statuteor rule of law, then suchterm or condition shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform to such statute or rule of law.
aa. Counterparts. This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all of which taken together shall constitute one and the same instrument.
The Parties have executed this Agreement as of the date first written above.
SAN MANUEL BAND OF MISSION INDIANS CITY OF SAN BERNARDINO By: 4- By: q"U"L
Jerry . Paresa Andrea M. Miller
Chief Executiv Officer City Manager
Approved as to form:
Gary D. Saenz, City Attorney
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