SERVICES TO FURTHER DEVELOP THE PLAN AND TO
PREPARE TO RESPOND TO ANY EMERGENCY AT THE CASINO.
10.7.4
HAZARDOUS MATERIALS.
THE TRIBE SHALL CONSULT WITH THE SONOMA
COUNTY DEPARTMENT OF EMERGENCY SERVICES REGARDING THE USE, STORAGE, DISPOSAL,
AND TRANSPORTATION OF ANY AND ALL HAZARDOUS MATERIALS TO BE USED BY ANY ONGOING
PROJECT OR TRIBAL COMMERCIAL DEVELOPMENT PROJECT.
NOTHING IN THIS AGREEMENT
SHALL EXPAND THE COUNTY'S JURISDICTION REGARDING REGULATION OF HAZARDOUS
MATERIALS.
10.8
BASED UPON THE COMMITMENTS MADE BY THE PARTIES IN THE FIRE
PROTOCOL, AND THE OTHER TERMS OF THIS AGREEMENT, THE COUNTY SHALL NOT FILE A
WRIT OF CERTIORARI OR TAKE ANY OTHER ADDITIONAL APPEALS OR ACTIONS WITH RESPECT
TO THE LITIGATION OF IN THE MATTER OF THE SONOMA COUNTY FIRE CHIEF'S APPLICATION
FOR AN INSPECTION WARRANT.
10.9
PUBLIC HEALTH.
THE TRIBE SHALL CONTINUE ITS DUTY TO ENFORCE
ENVIRONMENTAL HEALTH STANDARDS UNDER APPLICABLE LAW AND ITS COMPACT,
SPECIFICALLY INCLUDING COMPACT SECTIONS:
10.9.1
10.1 (PUBLIC HEALTH, SAFETY AND WELFARE);
10.9.2
10.2(A) (PUBLIC HEALTH STANDARDS FOR FOOD AND BEVERAGE
HANDLING);
10.9.3
10.2(B) (WATER QUALITY AND SAFE DRINKING WATER STANDARDS);
10.9.4
10.2(E) (WORKPLACE AND OCCUPATIONAL HEALTH AND SAFETY
STANDARDS);
10.9.5
10.2(F) (PUBLIC HEALTH AND SAFETY);
10.9.6
10.4 (EMERGENCY FIRE, MEDICAL, DISASTER SERVICES); AND
10.9.7
10.6 (PROHIBITION AGAINST FIREARMS).
10.10
PURSUANT TO AND CONSISTENT WITH THE COMPACT, THE TRIBE SHALL PROVIDE
FOR INSPECTION BY FEDERAL OR STATE INSPECTORS OF ALL COMMERCIAL FOOD AND
BEVERAGE OPERATIONS AND SWIMMING POOLS AND SPAS IN CONNECTION WITH THE EXISTING
CASINO AND RESORT PROJECT ON A REGULAR BASIS.
THE TRIBE SHALL PROVIDE THE
COUNTY COPIES OF ALL SUCH INSPECTION REPORTS.
IN LIEU OF FEDERAL OR STATE
INSPECTIONS, THE TRIBE MAY, IN ITS SOLE DISCRETION, ELECT TO CONTRACT WITH THE
COUNTY TO PROVIDE SUCH SERVICES, FOR STANDARD AND REASONABLE FEES, AND THE
COUNTY SHALL PROVIDE SUCH SERVICES.
IF THE TRIBE ELECTS TO CONTINUE TO OBTAIN
FEDERAL OR STATE INSPECTIONS, BUT THEY ARE NOT CONDUCTED ON A REGULAR BASIS,
THEN FOLLOWING NOTICE AND AN OPPORTUNITY TO HAVE ANY DISPUTE WITH REGARD TO SUCH
MATTER DETERMINED THROUGH THE DISPUTE RESOLUTION PROVISIONS HEREIN, THE COUNTY
MAY SEEK TO HAVE SUCH INSPECTIONS CONDUCTED BY COUNTY HEALTH DEPARTMENT
INSPECTORS, WHO SHALL APPLY THE STANDARDS SET FORTH UNDER APPLICABLE LAW.
THE
TRIBE SHALL PAY STANDARD AND REASONABLE COUNTY HEALTH DEPARTMENT FEES TO THE
COUNTY FOR SUCH INSPECTION SERVICES.
INSPECTIONS SHALL TAKE PLACE DURING NORMAL
HOURS OF OPERATION.
THE TRIBE SHALL CONSIDER ANY RECOMMENDATIONS BY THE COUNTY
REGARDING SUCH MATTERS.
NOTWITHSTANDING SUCH COUNTY INSPECTIONS, AND REGARDLESS
OF WHETHER CONDUCTED AT THE TRIBE'S REQUEST OR THROUGH DISPUTE RESOLUTION
PROVISIONS, NOTHING IN THIS AGREEMENT GIVES OR SHALL BE CONSTRUED TO GIVE THE
COUNTY
27
JURISDICTION OVER FOOD AND BEVERAGE OPERATIONS OR SWIMMING POOLS AND SPAS, OR TO
ALTER THE COMPACT'S JURISDICTIONAL ALLOCATION ON THESE ISSUES.
XI.
SOCIOECONOMIC CONDITIONS
11.1
THE SONOMA COUNTY HUMAN SERVICES DEPARTMENT ("DEPARTMENT") AND THE
TRIBE SHALL WORK TOGETHER TO HELP IDENTIFY AND REFER POTENTIAL QUALIFIED
APPLICANTS FOR EMPLOYMENT AT THE TRIBE'S GAMING RELATED FACILITIES.
THE TRIBE
SHALL TRANSMIT COPIES OF JOB POSTINGS AND