HomeMy WebLinkAboutA5830 - AGUA CALIENTE CULTURAL MUSEUM SUBMITTAL TO CALTRANS FOR FUNDS ON ACCM'S BEHALF MEMORANDUM OF UNDERSTANDING
gHIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into
this of Yi 2009? by and between the CITY OF PALM SPRINGS,
a California chart r city ("City") and AGUA CALIENTE CULTURAL MUSEUM, a
501(c)(3) not-for-profit organization ("ACCM").
City and ACOM are sometimes hereinafter individually referred to as "Party" and
hereinafter collectively referred to as "Parties".
RECITALS
A. ACCM has identified federal funds that are available in form of grants to
facilitate improvements to the Agua Caliente Cultural Museum building project located
at the southeast corner of East Tahquitz Canyon Way and Hermosa Drive.
B. The California Department of Transportation ("CalTrans") is responsible
for administering the federal funds by and through a local public agency that has
demonstrated experience in the facilitation of federal funds.
C. City has demonstrated experience with CalTrans as a designated local
public agency.
D- The Parties have agreed that City shall act as the designated local public
agency by and through which CalTrans will administer the federal funds designated for
use by ACCM-
E. This MOU sets forth the Parties agreement to establish a Master
Agreement that will satisfy the federal funds guidelines established by CalTrans.
MOU
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
Parties hereto agree as follows'
Section 1- Recitals. The Recitals above are deemed true and correct, are
hereby incorporated in this Section as though fully set forth herein, and each Party to
this MOU acknowledges and agrees that such Party is bound by the same.
Section 2. Parties' Rights and Responsibilities. City shall act as the
designated local public agency on behalf of ACCM for the purpose of obtaining federal
funds by and through CalTrans. The federal funds are to be used to (1) pay a 17%
obligation to satisfy a mitigation agreement that provides for the installation of a traffic
signal at the intersection of East Tahquitz Canyon Way and Hermosa Drive along with
roadway and signage improvements, and (2) to pay redesign expenses incurred as a
result of complying with new building code regulations effective January 2009, including
but not limited to, implementing "green" and/or energy efficient design standards.
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Section 3. Term. The term of this MOU shall be in full force and effect until
the specified obligations of both Parties have been fulfilled or rescinded by both Parties.
Section 4. Hold Harmless. ACCM shall defend and hold City, its officers,
employees, agents, and consultants free and harmless from any and all claims,
damages, or demands arising out of City's performance of its obligations under this
MOU.
Section 5. Notices. All notices or other communications required or permitted
pursuant to this MOU shall be in writing and shall be personally delivered or sent by
registered or certified mail, postage prepaid, return receipt requested, delivered or sent
by electronic transmission, and shall be deemed received upon the earlier of: (i) the
date of delivery to the address of the person to receive such notice if delivered
personally or by messenger or overnight courier; (ii) three (3) business days after the
date of posting by the United States Post Office if by mail; or (iii) when sent if given by
electronic transmission. Any notice, request, demand, direction, or other
communication sent by electronic transmission must be confirmed within forty-eight (48)
hours by letter mailed or delivered. Notices or other communications shall be
addressed as follows:
To City: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Attention: David H. Ready
City Manager
To ACCM: Agua Caliente Cultural Museum
471 East Tahquitz Canyon Way
Suite 231
Palm Springs, California 92262
Attention: Michael Hammond, Ph.D.
Executive Director
Section 6. Jurisdiction. In the event of a dispute regarding performance or
interpretation of this MOU, the venue for any action to enforce or interpret this MOU
shall lie in the Superior Court of California for Riverside County.
Section 7. Governing Law. This MOU shall be governed by the laws of the
State of California.
Section 8. Entire MOU. This MOU constitutes the entire understanding and
agreement between the Parties and supersedes all previous negotiations between them
pertaining to the subject matter thereof.
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Section 9. Waiver, A waiver of a breach of the covenants, conditions, or
obligations under this MOU by either Party shall not be construed as a waiver of any
succeeding breach of the same or other covenants, conditions, or obligations of this
MOU,
Section 10. Modification. Alteration, change, or modification of this MOU shall
be in the form of a written amendment, which shall be signed by each Party.
Section 11. Severability. Whenever possible, each provision of this MOU shall
be interpreted in such a manner as to be effective and valid under applicable law, but if
any provision of this MOU shall be invalid under the applicable law, such provision shall
be ineffective only to the extent of such prohibition or invalidity, without invalidating the
reminder of that provision, or the remaining provisions of this MOU.
Section 12. MOU Execution Authorization. Each of the undersigned represents
and warrants that he or she is duly authorized to execute and deliver this MOU and that
such execution is binding upon the entity for which he or she is executing this
document. This MOU may be executed in counterparts each of which when taken
together will constitute an entire original agreement.
SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed as of the day and year first above written.
CITY OF PALM SPRINGS
David H. Read�i#y1C>�anager
ATTEST.-
James Thompson, City Clerk
APPROVED TO FORM:
APPROVED BY CITY CG,;
BY: &�&l - .6'0� lV'N
Ddiugi s C. Holland
City A orney
AGUA CALIENTE CULTURAL M r1(N
By: !/ G
Michael Hammond, Executive Director
By:
Coy'W'p,� 0
Debrah Purnel, Secreta
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