COMMERCIAL GENERAL
LIABILITY INSURANCE WITH LIMITS NOT LESS THAN TEN MILLION DOLLARS ($10,000,000)
PER OCCURRENCE AND IN THE AGGREGATE COVERING BODILY INJURY AND PROPERTY DAMAGE,
INCLUDING EXCESS MEDICAL COVERAGE.
THE POLICY SHALL CONTAIN ENDORSEMENTS FOR
COVERAGE, WHICH INCLUDES BUT IS NOT LIMITED TO:
PREMISES LIABILITY, GENERAL
LIABILITY, PERSONAL INJURY, BLANKET CONTRACTUAL COVERAGE AND CONTRACTUAL
INDEMNITY.
THE POLICY SHALL BE ENDORSED TO NAME THE COUNTY OF SONOMA, ITS
OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS AS AN ADDITIONAL INSURED.
THE
COUNTY SHALL COOPERATE IN PROVIDING ANY INFORMATION REASONABLY REQUIRED TO
OBTAIN SUCH INSURANCE.
THE TRIBE SHALL PROVIDE A COPY OF THE POLICY TO THE
COUNTY FOR REVIEW AND APPROVAL AND TIMELY PROVIDE PROOF OF SUCH INSURANCE ON AN
ANNUAL BASIS.
ANY DISPUTE OVER THE EXISTENCE OF A DUTY TO INDEMNIFY OR DEFEND
SHALL BE RESOLVED THROUGH THE DISPUTE RESOLUTION PROCESS SET FORTH BELOW IN THIS
AGREEMENT.
XIX.
CONFIDENTIALITY
19.1
ANY INFORMATION OR DOCUMENTS OBTAINED, OBSERVATIONS MADE, OR
CONCLUSIONS DRAWN DIRECTLY OR INDIRECTLY UNDER THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION, WHERE THE SOURCE OR INFORMATION COMES FROM INSPECTIONS, PLAN
REVIEWS, EXAMINATIONS OF FINANCIAL INFORMATION, NEGOTIATIONS, CONSULTATIONS,
DISPUTES OR OTHER ACTIVITIES UNDER THIS AGREEMENT, SHALL BE DEEMED CONFIDENTIAL
TO THE EXTENT ALLOWED UNDER LAW AND SHALL NOT BE SHARED WITH ANY THIRD PARTY.
THE COUNTY SHALL PROMPTLY PROVIDE THE TRIBE NOTICE OF ANY PUBLIC RECORDS ACT
REQUEST RELATED TO THIS AGREEMENT AND AFFORD THE TRIBE, WITHIN THE TIME LIMITS
ALLOWED UNDER THE ACT, AN OPPORTUNITY TO SEEK AN INJUNCTION BY THE COURT AGAINST
ANY SUCH DISCLOSURE.
NOTWITHSTANDING THIS CONFIDENTIALITY AGREEMENT, COUNTY
FIRE RETAINS THE RIGHT TO COMMUNICATE SUCH CONFIDENTIAL INFORMATION OBTAINED
PURSUANT TO THE TERMS OF THIS AGREEMENT TO THE STATE FIRE MARSHALL AND/OR OTHER
APPROPRIATE STATE AND/OR FEDERAL GOVERNMENT AGENCIES FOLLOWING EXHAUSTION OF ALL
PROCEDURAL PROVISIONS OF THE FIRE PROTOCOL.
39
XX.
DISPUTE RESOLUTION
20.1
MEET AND CONFER PROCESS.
20.1.1
IN RECOGNITION OF THE GOVERNMENT-TO-GOVERNMENT RELATIONSHIP
BETWEEN THE TRIBE AND COUNTY, THE PARTIES SHALL MAKE THEIR BEST EFFORTS TO
RESOLVE DISPUTES THAT OCCUR UNDER THIS AGREEMENT BY GOOD FAITH NEGOTIATIONS
WHENEVER POSSIBLE.
THEREFORE, THE PARTIES HEREBY ESTABLISH A THRESHOLD
REQUIREMENT THAT DISPUTES ARISING UNDER THIS AGREEMENT SHALL FIRST BE SUBJECT TO
A GOOD FAITH MEET AND CONFER PROCEDURE TO GIVE THE PARTIES AN OPPORTUNITY TO
WORK TOGETHER TO SOLVE IDENTIFIED ISSUES.
20.1.2
DISPUTES ARISING BETWEEN THE PARTIES REGARDING A PARTY'S ALLEGED
FAILURE TO MEET ITS OBLIGATIONS IMPOSED BY THIS AGREEMENT, INCLUDING A REFUSAL
TO MEET AND CONFER OR, IN THE CASE OF A TRIBAL COMMERCIAL DEVELOPMENT PROJECT,
TO ENTER INTO AN INTERGOVERNMENTAL MITIGATION AGREEMENT, SHALL BE ADDRESSED
THROUGH THE FOLLOWING PROCESS:
A.
THE PARTIES MAY MEET AND CONFER INFORMALLY TO DISCUSS THEIR
CONCERNS.
THIS STAGE MAY INCLUDE AN INFORMAL EXCHANGE OF VIEWS AMONG TRIBAL AND
COUNTY PERSONNEL AND MAY REMAIN CONFIDENTIAL IN ACCORDANCE WITH APPLICABLE LAW.
B.
A PARTY DESIROUS OF INVOKING THE MEET AND CONFER PROVISIONS OF
THIS AGREEMENT SHALL PROVIDE CONFIDENTIAL WRITTEN NOTICE TO THE OTHER PARTY,
IDENTIFYING WITH SPECIFICITY THE ALLEGED ISSUE OR ISSUES AND THE ACTIONS
REQUESTED TO RESOLVE THE