PROSECUTIONS SHALL BE EXCLUSIVELY WITHIN THE DISCRETION OF THE
DISTRICT ATTORNEY.
SUBJECT TO APPLICABLE FEDERAL AND TRIBAL LAW, THE TRIBE
SHALL COOPERATE WITH DISTRICT ATTORNEY INVESTIGATORS IN THE COLLECTION OF
EVIDENCE, SERVICE OF PROCESS, OBTAINING OF WITNESS STATEMENTS, AND PROVIDING
ASSISTANCE TO INVESTIGATORS TO FACILITATE THE PROSECUTION OF ALL CRIMINAL CASES
THAT ARE WITHIN THE DISTRICT ATTORNEY'S JURISDICTION THAT MAY OCCUR IN, NEAR OR
RELATED TO A TRIBAL GAMING FACILITY OR ON THE RESERVATION.
X.
FIRE AND EMERGENCY SERVICES
10.1
COOPERATION AGREEMENT.
10.1.1
THE PARTIES ACKNOWLEDGE THAT THE TRIBE'S DEVELOPMENT,
CONSTRUCTION, OPERATION AND MAINTENANCE OF PROJECTS ON TRIBAL LANDS, INCLUDING
ONGOING PROJECTS AND TRIBAL COMMERCIAL DEVELOPMENT PROJECTS, REQUIRE FIRE
PROTECTION AND EMERGENCY RESPONSE SERVICES.
10.1.2
THE TRIBE AND THE SONOMA COUNTY DEPARTMENT OF EMERGENCY SERVICES
("COUNTY FIRE") SHALL COOPERATE ON A GOVERNMENT-TO-GOVERNMENT BASIS TO PROMOTE
PUBLIC SAFETY AND TO PROVIDE THE TRIBE WITH THE OPPORTUNITY TO BENEFIT, ON A
VOLUNTARY, NON-JURISDICTIONAL BASIS, FROM THE CONSTRUCTIVE SUGGESTIONS COUNTY
PERSONNEL MAY HAVE WITH RESPECT TO FIRE ISSUES, AND TO SHARE EXPERTISE TO
MAXIMIZE PUBLIC AND EMERGENCY PERSONNEL SAFETY.
SUCH COOPERATION SHALL INCLUDE
THE TRIBE ALLOWING FIRE SAFETY INSPECTIONS (AND RE-INSPECTIONS), BUILDING PLAN
REVIEW, AND EMERGENCY SERVICES BY COUNTY FIRE FOR RESERVATION PROJECTS.
THESE
ACTIVITIES SHALL OCCUR SUBJECT TO AND IN ACCORDANCE WITH THE COUNTY/TRIBE FIRE
PROTOCOL ("FIRE PROTOCOL") ATTACHED AS EXHIBIT G.
10.2
COUNTY FIRE ALSO WILL BE INFORMED OF, AND MAY PARTICIPATE IN,
TRIBAL INSPECTIONS AS ALLOWED FOR THE STATE UNDER COMPACT SECTION 6.4.2.
10.3
THE INSPECTIONS AND PLAN REVIEW CONTEMPLATED IN THIS AGREEMENT
SHALL BE CONDUCTED SUBJECT TO THE FIRE PROTOCOL.
NOTHING IN THE AGREEMENT SHALL
BE CONSTRUED TO GIVE ANY NON-TRIBAL ENTITY, INCLUDING COUNTY OR COUNTY FIRE,
JURISDICTION OVER THE TRIBE OR TRIBAL COMMERCIAL DEVELOPMENT PROJECTS ON TRIBAL
TRUST LAND, OR OVER BUILDING AND SAFETY CODE APPLICATION, INTERPRETATION,
INSPECTIONS AND DETERMINATIONS BY THE TRIBE (SUBJECT TO OVERSIGHT BY THE STATE
OF CALIFORNIA AND NATIONAL INDIAN GAMING COMMISSION AS TO THE TRIBE'S GAMING
FACILITY).
10.4
BUILDING AND FIRE SAFETY STANDARDS.
10.4.1
THE TRIBE SHALL COMPLY WITH THE MOST CURRENT ADOPTED EDITIONS OF
BUILDING AND FIRE CODES IN EFFECT AT THE TIME OF CONSTRUCTION OF A TRIBAL
COMMERCIAL DEVELOPMENT PROJECT, AS ADOPTED BY THE TRIBE AS TRIBAL LAW, WHICH FOR
PHASE I OF THE RESORT PROJECT INCLUDE
24
CALIFORNIA BUILDING CODE 2001 (CBC), DRY CREEK RANCHERIA HIGH-RISE BUILDING AND
BREATHING AIR STANDARDS, CALIFORNIA FIRE CODE 2001 (CFC), CALIFORNIA MECHANICAL
CODE 2001(CMC), CALIFORNIA PLUMBING CODE 2001 (CPC), CALIFORNIA ELECTRICAL CODE
2001 (CEC), CALIFORNIA DISABLED ACCESSIBILITY GUIDEBOOK (CALDAG) 2003,
CALIFORNIA ELEVATOR CODE 2001, NFPA 13 (STANDARD FOR THE INSTALLATION OF
SPRINKLER SYSTEMS) 1999 EDITION, NFPA 14 (STANDARD FOR THE INSTALLATION OF
STANDPIPE SYSTEMS AND HOSE SYSTEMS) 2000 EDITION, NFPA 20 (STANDARD FOR THE
INSTALLATION OF STATIONARY PIPES FOR FIRE PROTECTION) 1999 EDITION, NFPA 22
(STANDARD FOR WATER TANKS FOR PRIVATE FIRE PROTECTION) 1998 EDITION, NFPA 72
(NATIONAL FIRE ALARM CODE) 1999 EDITION, CBC STANDARD NO. 10-1 (SELECTION,
INSTALLATION, INSPECTION, MAINTENANCE AND TESTING OF PORTABLE FIRE
EXTINGUISHERS) 2001 EDITION, CBC STANDARD NO. 10-2