HomeMy WebLinkAboutA6194 - AGUA CALIENTE BAND OF CAHUILLA INDIANS TAHQUITZ CANYON WY MEDIAN LANDSCAPE CP 08-20 INTERGOVERNMENTAL
MEMORANDUM OF UNDERSTANDING
By and Between
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
and
THE CITY OF PALM SPRINGS
Regarding
INDIAN RESERVATION ROADS PROGRAM FUNDING
forthe
TAHQUITZ CANYON WAY MEDIAN LANDSCAPING IMPROVEMENTS PROJECT
THIS INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING
("MOU") is entered into this day of , 2012, 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 "City").
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 (the
'Reservation"), acting through its duly elected Tribal Council, pursuant to Federal law;
and
WHEREAS, the City, acting through its 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 receives funding through the federal Indian Reservation
Roads (IRR) Program for the planning, design, construction, and maintenance of public
roads that provide access to and within the Reservation and serve the cultural, social,
economic, and/or governmental needs of the Tribe; and
1 ORIGINAL LiD
ANI)JOR AGREEMENT
WHEREAS, the Tribe and the City desire to work together in good faith to
complete the design and construction of the Tahquitz Canyon Way Median Landscaping
Improvements Project (the 'Project'), a Capital Improvement Project for the City. The
Project is generally defined as the replacement of existing median landscaping within
Tahquitz Canyon Way in Section 14, including new decorative paving at various street
intersections and associated improvements to be further defined in plans approved by
the Tribe and City prior to construction.
II.
COMMITMENTS:
1. The Tribe will make payments, as necessary and subject to the availability of
funds from its annual IRR Program funding allocations, to the City for use toward the
design and construction of the Project, based on records of work performed and
progress estimates submitted to the Tribe.
2. The City will credit the Tribe the amount of all IRR Program funds received
toward the planning, design, and construction of the Project, as advance payment for
any Tribally recognized traffic mitigation costs and/or fees associated with the
development of Tribal Trust projects as identified through the Tribal Environmental
Policy Act (TEPA) process.
III.
GENERAL TERMS AND CONDITIONS:
1. Recitals. All of the above recitals are true and correct and the Tribe and City
so find and determine.
2. Modifications. This MOU may only be modified in writing, signed and duly
approved by both the Tribal Council and the City Council.
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3. Approval. This MOU shall be approved by the City Council of City and the
Tribe shall approve this MOU by passage of a duly adopted resolution of the Tribal
Council.
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 on the date first set forth above.
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IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date
first written above.
AGUA CALIENTE BAND OF CAHUILLA INDIANS
Approved as to Form
Tribal Attorney
Mved as to Form
City Attorney
"TRIBE"
Agua Caliente Band of Cahuilla Indians
A Federally-Recognized Sovereign Indian Tribe
Zichard
Tribal Council Chairman
"CITY"
City of Palm Springs, California
A Municipal Corporation ATTEST
City Manager City Clerk
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IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date
first written above.
AGUA CALIENTE BAND OF CAHUILLA INDIANS
Approved as to Form
Tribal Attorney
Approved as t Form
City Attorney
"TRIBE"
Agua Caliente Band of Cahuilla Indians
A Federally-Recognized Sovereign Indian Tribe
ZL �, . �, , L L
ichard vl. ilanovich
Tribal Council Chairman
"CITY"
City of Palm Springs, Califomi
A Municipal Corporation ATTEST
City Manager ?ity Clerk a Z /f 2D 1 Z
APPROVED BY CITY COUNCIL
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