This Employment Agreement (Agreement) is entered into as of the 7th day of October, 2008 (Effective Date) by and between the River Rock Entertainment Authority (Authority), a governmental instrumentality of the Dry Creek Rancheria Band of Pomo Indians (Tribe), on behalf of the River Rock Casino (Casino), a governmental economic development project of the Tribe, and John Cirrincione (Employee).
The parties hereto expressly intend that this Agreement describe Employees relationship as an employee of the Authority solely in respect of the Casino and not as a contractor, including without limitation not being a contractor as that term is used in 25 USC § 2711 and 25 CFR § 502.15. The parties have purposefully structured the terms and provisions of this Agreement consistent with, and in furtherance of, this expressed intent.
l. Employment. On and subject to the terms and conditions of this Agreement, the Authority, on behalf of the Casino, hereby employs Employee, and Employee hereby accepts employment by the Authority, as the Casinos Chief Operations Officer (COO). As COO, Employee shall undertake the day-to-day operational responsibilities for the Casino, assist in developing the Casino and other related entities of the Authority as the Authoritys Board of Directors (Board) shall direct, and carry out such other duties as are set forth in Section 2. Employee shall report to, be accountable to and work under the Board, the CEO of the Authority, the General Manager of the Casino, and such other Tribal persons as the Authority or, if the Authority shall cease to exist, the Tribe may hereafter designate.
2. Reporting and Duties. Employee shall report directly to the CEO of the Authority and the General Manager of the Casino with respect to all operations and expenditures of the Casino and otherwise to the extent requested by the Board. Without limiting the foregoing, Employee shall perform such executive duties as are commonly attendant upon the office of a casino chief operations officer and such further executive duties as may be specified from time to time by the Board, the Authority CEO or the Casino General Manager (in that order of precedence), including without limitation:
(a) Assisting the Authority CEO and the Casino General Manager with managing, directing and supervising the operations of the Casino, including its employees and all of its departments (including without limitation, its gaming, regulatory compliance, food and beverage, transportation, parking, public relations, accounting, marketing, purchasing, and other departments);
(b) Enforcing the River Rock Casino mission statement;
(c) Providing leadership to all Casino personnel;
(d) In collaboration with Human Resources, being responsible for the selection, hiring, assignment, re-assignment, discipline and termination of Casino employees, structuring departments, defining personnel duties and responsibilities,
implementing personnel, wage and benefit policies approved by the Board for Casino employees, and implementing and enforcing the Tribes TERO ordinance;
(e) Assisting in the development of short and long term goals and objectives for the Casino;
(f) Preparing annual operating budgets and required modifications to such budgets and, subject to the approval of the Board, implementing such budgets;
(g) Overseeing formulation and implementation of Casino marketing plans in conjunction with the Marketing Manager, including all promotions, sponsorships, advertising, media, and public relations;
(h) Assisting in the preparation and presentation to the Board of periodic economic, financial, business, marketing, regulatory and other reports;
(i) Assuring compliance by the Casino with all applicable laws, including but not limited to compliance with federal securities law, Treasury Department tax reporting and withholding (including payroll and gambling tax), federal anti-money laundering statutes and regulations, Sarbanes Oxley laws, Indian Gaming Regulatory Statutes and regulations, the Johnson Act, the Tribal-State Compact with California, the Tribal Gaming Ordinance, and all other applicable federal, state and Tribal laws;
(j) Assuming and exercising responsibility for the overall ambience, maintenance and cleanliness of the Casino;
(k) Assisting in the analysis of Casino operations to ensure maximum efficiency, optimizing operational efficiency, increasing cost effectiveness and ensuring that quality assurance programs are adopted and implemented;
(l) Working with Human Resources in recruiting and hiring managers, supervisors, and employees for the Casino according to the Tribal TERO plan;
(m) Developing and implementing programs for hiring, training and advancing Tribal members for supervisory and management positions in accordance with the preference policies of the Tribe and the Casino;
(n) Preparing, implementing and directing Authority and Casino compliance programs, including programs intended to ensure that the Casino meets the requirements of the Indian Gaming Regulatory Act, the Tribal-State Gaming Compact between the Tribe and the State of California (the Compact), the laws and ordinances of the Tribe, other applicable laws, and agreements to which the Tribe and/or the Authority is a party;
(o) Preparing, implementing and directing programs to ensure that the Casino meets all federal, Tribal (including Tribal Gaming Authority (TGA)) and Compact