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Home My WebLink About22565 - RESOLUTIONS - 7/15/2009 RESOLUTION NO. 22565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING PROJECT CONTRIBUTIONS FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT. A5873 WHEREAS, the Agua Caliente Band of Cahuilla Indians (the "Tribe") is a federally-recognized Indian Tribe governing itself according to a Constitution and By- Laws and exercising sovereign authority over the lands of the Agua Caliente Indian Reservation; and WHEREAS, the Tribe desires to work with the City of Palm Springs (City) in good faith to complete the construction of the Belardo Road Bridge and Roadway Project (Project), a Capital Improvement Project for the City; and WHEREAS, the Tribe and the City have an existing Memorandum of Understanding (MOU) regarding this Project dated June 19, 2002; and WHEREAS, the transportation route designated for widening and improvements as part of the Project is listed in the Tribe's FY 2008 Indian Reservation Roads (IRR) Inventory, and is eligible for IRR funding; and WHEREAS, the Tribe is seeking to use its Fiscal Year (FY) 2009 IRR Tribal Allocation towards the right-of-way acquisition and construction of the Project; and WHEREAS, the use of IRR funding requires an additional MOU identifying the responsibilities of the Tribe and the City with respect to the receipt of IRR funds from the Bureau of Indian Affairs; and WHEREAS, such an intergovernmental MOU has now been negotiated between the Tribe and the City regarding Project Contributions for the Belardo Road Bridge and Roadway Project (the "Project Contributions MOU"); and WHEREAS, the Tribal Council has reviewed the terms of the Project Contributions MOU, and finds those terms to be satisfactory. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1. The Project Contributions MOU included as Attachment A, and the terms thereof, are hereby approved; and Resolution No. 22565 Page 2 2. The City Manager is hereby authorized and directed to execute the above MOU on behalf of the City. ADOPTED THIS 15TH DAY OF JULY, 2009. David H. Ready, D4411 garra~er ATTEST: mes Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22565 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 15, 2009, by the following vote: AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Mills. NOES: None. ABSENT: Councilmember Foat and Mayor Pougnet. ABSTAIN: None. ymesThom f Palm Springs, California - ATTACHMENT "A" liX�t INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING By and Between THE AGUA CALIENTE BAND OF CAHUILLA INDIANS and THE CITY OF PALM SPRINGS Regarding PROJECT CONTRIBUTIONS FOR THE BELARDO BRIDGE AND ROADWAY PROJECT THIS INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this _ day of , 2009, by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS, a federally recognized Indian tribe, (the "Tribe") and the CITY OF PALM SPRINGS, a municipal corporation (the I. RECITALS WHEREAS, the Agua Caliente Band of Cahuilla Indians is a Federally- recognized Indian Tribe governing itself according to a Constitution and By-Laws and exercising sovereign authority over the lands of the Agua Caliente Indian Reservation (Reservation), acting through its duly elected Tribal Council, subject to Federal law, and WHEREAS, the City, acting through its City Council (the "City Council'), is a political subdivision of the State of California, established pursuant to the Constitution of the State of California; and WHEREAS, the Tribe and the City desire to work together in good faith to I complete the construction of the Belardo Bridge and Roadway Project (Project), a Capital Improvement project for the City; and tj 15 WHEREAS, the Tribe and the City have an existing MOIL regarding the Project dated June 19, 2002, and WHEREAS, the transportation route designated for widening and improvements is listed in the Tribe's FY 2008 Indian Reservation Roads (IRR) Inventory and is eligible for IRR funding; and WHEREAS, the IRR Program is jointly administered by the Bureau of Indian Affairs (BIA), and the Federal Highway Administration's (FHWA) Federal Land's Highway (FLH) Office; and WHEREAS, the Tribe will make a contribution of $2,251,269 from its Fiscal Year (FY) 2009 IRR Allocation towards the survey, right-of-way acquisition, and construction of the Project; and WHEREAS, the BIA and FHWA will review and approve the PS&E for the Project or a State licensed professional engineer will certify that the Project PS&E comply with health and safety requirements. ROAD: 1. The Project will consist of widening and improvements to Belardo Road, approximately 250 meters west of South Palm Canyon Drive to a point approximately 200 meters north of Sunny Dunes Road. 2. Improvements include the construction of a two-lane bridge to carry Belardo Road over Tahquitz Creek and construction of new roadways to connect noncontiguous sections of Belardo Road. • t3].6 CITY'S RESPONSIBILITIES. 1. The City will be responsible for contracting engineering design services and construction engineering and inspection services. 2. The City will conduct advertising and bidding for Project construction. 3. The City will accept right-of-way offered by Tribe and other land owners. 4. The City will coordinate the Project with the Tribe, and will submit completed documents as necessary for the work noted above. TRIBE'S RESPONSIBILITIES. 1. The Tribe will be responsible for contracting all environmental services required by the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). 2. The Tribe will be responsible for contracting all right-of-way services including asserting its best effort and assisting the City to obtain all necessary rights-of-way. 3. The Tribe will coordinate the Project with the City, and will submit completed documents as necessary for the work noted above. 4. The Tribe will make payments, subject to the availability of funds from the BIA, to the City from its FY 2009 IRR Tribal Allocation, up to $2,251,269, for use toward the survey, right-of-way acquisition, and construction of the Project, based on work performed and progress estimate submitted in the BIA's format and after approval of the payment by the BIA. GENERAL TERMS AND CONDITIONS: 1. Recitals. Ail of the above recitals are true and correct and the Tribe and City so find and determine. 017 2. Modifications. This MOU may only be modified in writing, signed and duly approved by both the Tribal Council and the City Council. 3. Approval. The City shall approved this MOU by passage of a duly adapted resolution of the Palm Springs City Council and the Tribe shall approve this MOU by passage of a duly adopted resolution of the Tribal Council. Both resolutions shall be subject to the prior review and approval "as to form" by both the Tribe's legal counsel and the City's legal counsel prior to approval "as to content" by the respective Councils. 4, Authority. The individuals signing this MOU warrant and represent that pursuant to their respective constitutions and/or bylaws they have the full power and authority to enter into this MOU and fully perform in accordance with the terms hereof, and the Tribe and the City acknowledge that their respective legal counsels have advised that this MOU is not subject to approval of the authorized representative of the Secretary of the Interior under 25 U.S.C. §81. 5. Effective Date. This MOU shall take effect upon its execution. 618 IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date first written above. AQUA CALIENTE BAND OF CAUHILLA INDIANS Approved as to Form Tribal Attorney Approved as to Form City Attorney "TRIBE" Agua Caliente Band of Cahuilla Indians A Federally-Recognized Tribe Tribal Council Chairman °CITY" City of Palm Springs, California A Municipal Corporation ATTEST City Manager City Clerk