OF INTEREST UNDER
SECTION I.D. OF THE FIRE PROTOCOL, AND/OR (3) AN ALLEGED FAILURE BY COUNTY FIRE
TO ADHERE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE FIRE PROTOCOL,
WHICH ARE SUBJECT TO THE DISPUTE RESOLUTION PROCESS. PROVIDED IN SECTION 20.2
BELOW.
IN ANY SUCH PROCEEDINGS AN ARBITRATOR'S REMEDIES INCLUDE THE AWARD OF
MONETARY DAMAGES OR EQUITABLE RELIEF.
THE TRIBE'S COMPLIANCE WITH THE
APPLICABLE BUILDING AND SAFETY CODES, REGULATIONS, GUIDELINES, OR COMPACT
PROVISIONS AND ANY SAFETY CONCERNS DISCUSSED IN THIS SECTION 10 AND THE FIRE
PROTOCOL SHALL NOT BE SUBJECT TO BINDING ARBITRATION UNDER 20.2.
10.4.5
ANY DISAGREEMENTS ARISING OUT OF OR IN CONNECTION WITH ANY
INSPECTION OR PLAN REVIEW CONTEMPLATED IN THIS AGREEMENT SHALL BE ADDRESSED
THROUGH THE GOOD FAITH MEET AND CONFER PROCESS OUTLINED IN THE FIRE PROTOCOL.
GIVEN THE TRIBE'S EXCLUSIVE JURISDICTION UNDER THE RECENT COURT DECISIONS,
APPLICABLE LAW AND COMPACT IN THIS AREA (AND WHICH IS SUBJECT TO STATE AND
FEDERAL OVERSIGHT AND DISPUTE RESOLUTION MECHANISMS), SUCH DISAGREEMENTS ARE NOT
SUBJECT TO THE ARBITRATION PROVISIONS OF THIS AGREEMENT.
10.5
TRIBE'S PRE-EXISTING AGREEMENT WITH GEYSERVILLE FIRE PROTECTION
DISTRICT.
THE TRIBE HAS PROVIDED FOR ESSENTIAL FIRE AND EMERGENCY SERVICE
NEEDS, INCLUDING FIRST RESPONSE SERVICES, AND HAS MITIGATED FIRE-RELATED
OFF-RESERVATION IMPACTS RELATED TO THE CASINO, IN PART THROUGH SEPARATE
AGREEMENT WITH THE GEYSERVILLE FIRE PROTECTION DISTRICT.
NOTHING IN THIS
AGREEMENT, INCLUDING THE FIRE PROTOCOL, IS INTENDED TO OR MAY BE INTERPRETED AS
ALTERING OR EFFECTING GEYSERVILLE FIRE PROTECTION DISTRICT'S AGREEMENT WITH OR
SERVICES TO THE TRIBE.
10.6
FUTURE ON-RESERVATION TRIBAL FIRE STATION. THE TRIBE'S FEE-TO-TRUST
APPLICATION FOR THE DUGAN PROPERTY INCLUDES A PLAN FOR A FIRE STATION.
IF, AT
THE TRIBE'S SOLE DISCRETION, SUCH A STATION IS BUILT ON THE DUGAN PROPERTY,
RESERVATION, OR ANY OTHER TRIBAL TRUST LAND, THE TRIBE SHALL DETERMINE WHETHER
COUNTY FIRE SERVICES DIFFERING FROM THOSE CONTEMPLATED IN THIS AGREEMENT ARE
DESIRABLE AND, IF SO, SHALL CONSULT WITH COUNTY FIRE REGARDING THE PROVISION OF
FIRE SERVICES FOR SUCH A FACILITY.
10.7
GENERAL FIRE SERVICE PROVISIONS.
10.7.1
ROADS AND DEVELOPED AREAS.
SUBJECT TO APPLICABLE LAW, INCLUDING
IGRA AND THE COMPACT, THE TRIBE AGREES TO COMPLY WITH ITS FIRE SAFE STANDARDS
WITH RESPECT TO ALL ROADS AND DEVELOPED AREAS COVERED BY SUCH STANDARDS AS A
MATTER OF TRIBAL LAW.
10.7.2
OTHER AID AGREEMENTS.
THE PARTIES RECOGNIZE THAT THERE ARE
AUTOMATIC AID AND MUTUAL AID AGREEMENTS FOR FIRE AND EMERGENCY SERVICES IN
SONOMA COUNTY, UNDER WHICH THE COUNTY PROVIDES HAZARDOUS MATERIAL RESPONSE TO
THE RESERVATION, AND IS RESPONSIBLE FOR CENTRAL DISPATCH SERVICES, AS WELL AS
OTHER COMMAND/SUPPORT AND DISASTER PREPAREDNESS FUNCTIONS.
THE INCREASED NEED
FOR FIRE PROTECTION AND EMERGENCY SERVICES REQUIRED FOR THE RESORT PROJECT MAY
HAVE AN IMPACT ON THOSE AGREEMENTS AND SERVICES AND MAY REQUIRE ADDITIONAL
TRAINING AND/OR SERVICES.
10.7.3
EMERGENCY PREPAREDNESS PLAN.
THE TRIBE HAS IN PLACE AN
EMERGENCY PREPAREDNESS PLAN THAT ADDRESSES EVACUATION AND ACCESS ISSUES.
THE
PLAN AND ANY UPDATES SHALL
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BE MADE AVAILABLE TO THE COUNTY FOR INFORMATIONAL PURPOSES AND THE COUNTY AND
TRIBE SHALL CONSULT AND COORDINATE