The URL can be used to link to this page

Home My WebLink About05873 - AGUA CALIENTE BAND OF CAHUILLA INDIANS MOU RE PROJECT CONTRIBUTIONS FOR BELARDO BRIDGE/ROADWAY Kathie Hart From: Tabitha Richards Sent: Monday,July 04, 2016 9:19 AM To: Kathie Hart Cc: Marcus Fuller Subject: RE:A5873-Agua Caliente Band of Cahuilla Indians Yes Thank you, Tabitha Richards �w f Executive Administrative Assistant Phone: 760-323-8202 Email:Tabitha.Richards@palmspringsca.gov � From: Kathie Hart Sent: Tuesday,June 21, 2016 2:28 PM To: Marcus Fuller<Marcus.Fuller@palmsprings-ca.gov> Cc:Tabitha Richards<Tabitha.Richards@palmsprings-ca.gov> Subject:A5873 -Agua Caliente Band of Cahuilla Indians This is the MOU - Project Contributions for Belardo Road Bridge and Roadway Project. C K to close? /CRt17GB Kathie Hart, MMC Chief Deputy City Clerk L N tol ?f CALIFORNIA� L A:v«a te", 'vW. City of Palm Springs (760)323-8206 3200 E. Tahquitz Canyon Way r (760) 322-8332 Palm Springs,CA 92262 D< Kathie.Hart@Palm5pringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays. 1 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 j5714-day of U'-�` 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 "City"). I. RECITALS WHEREAS, the Agua CalienLe 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 complete the construction of the Belardo Bridge and Roadway Project (Project), a Capital Improvement Project for the City; and WHEREAS, the Tribe and the City have an existing MOU 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. 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. 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- 3- Approval. The City shall approved this MOU by passage of a duly adopted 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. IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date first written above. AGUA CALIENTE BAND OF CAHUILLA INDIANS Approved a�orm ribal Attorney t Approv d to For - C y Atto n y "TRIBE" A Caliente Band of Cahuilla Indians rally-Recognized ._ ichard M. Milanovich Tribal Council, Chairman "CITY' City of Palm Springs, California Municipal Corporation n A EST City Manager ity Clerk APPROVED BY CITY COUNCIL -