HomeMy WebLinkAboutA5716 - AGUA CALIENTE BAND OF CAHUILLA INDIANS PRE-EXCAVATION AND CULTURAL MATERIALS DISPO AGR No.03-006-2012-006
NATIVE AMERICAN HUMAN REMAINS AND ASSOCIATED ITEMS
TREATMENT
AND DISPOSITION AGREEMEMT
This NATIVE AMERICAN HUMAN REMAINS AND ASSOCIATED ITEMS
TREATMENT AND DISPOSITION AGREEMENT("Agreement")is made and entered into as
of February 26, 2018 by and between the Agua Caliente Band of Cahuilla Indians, a federally
recognized Indian tribe("Agua Caliente Band of Cahuilla Indians"or the"Tribe")and the City
of Palm Springs, with offices at 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262
("Client"). The Tribe and Client are sometimes referred to individually as a "Party," and
collectively as the "Parties."
L GENERAL PROVISIONS
A. Subject Matter. This Agreement concerns the geotechnicaI work for the low water
crossing bridge on Vista Chino at the Whitewater River,Federal-Aid Project No. BR-NBIL(513)
and City Project No. 10-10, located in the Cities of Palm Springs and Cathedral City, and on the
Agua Caliente Indian Reservation, in California 92262 and 92234, and commonly referred to as
the Vista Chino Bridge over Whitewater River Project (the "Project") and as more particularly
described in Exhibit A to this Agreement,which is attached hereto and incorporated herein by this
reference. The Client agrees to pay the Tribe an estimated$3,060.00 as consideration for the work
provided pursuant to this Agreement, and as described more fully in Exhibit C.which is attached
hereto and incorporated herein by this reference. The Client shall provide a copy of this Agreement
upon request to the Riverside County Coroner's Office(the"Coroner"). The City of Palm Springs
is the Project's lead agency pursuant to the California Environmental Quality Act ("CEQA")
(California Public Resources Code, §§ 21000 et seq.), and responsible for the environmental
compliance of this Project. The California Department of Transportation("Caltrans"),on behalf
of the Federal Highway Administration is the Project's Lead Agency under Section 106 of the
National Historic Preservation Act ("NHPA") and is responsible for the implementation of 36
C.F.R. Part 900 and the regulations implementing Section 106 for the Project. Caltrans shall be
referred to herein as the"Federal Lead Agency." The Tribe will provide a copy of this Agreement
to the City of Palm Springs and Caltrans.
B. Purpose. The purpose of this Agreement is to formalize procedures for the
treatment of(1) Native American human remains, as well as (2) associated grave goods, features,
and cultural items ("Associated Items"), in the event any are discovered in conjunction with the
development of the Project. Such Project development may include archaeological studies,
excavation, geotechnical investigations, grading, or any other ground disturbing activity. This
Agreement also formalizes procedures for Agua Caliente Cultural Monitors during archaeological
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studies, excavation, geotechnical studies, grading, and any other ground disturbing activities
during Project development. This Agreement is entered into with the acknowledgment by the
Parties of the high level of cultural sensitivity of the Project location and its proximity to recorded
cultural sites.
II. TREATMENT AND DISPOSITION OF NATIVE AMERICAN HUMAN
REMAINS AND ASSOCIATED ITEMS
A. Cultural Affiliation. The Parties agree that the Project area set forth in Exhibit A
to this Agreement consists of land that has been traced to,and traditionally occupied by,the Agua
Caliente Band of Cahuilla Indians. The Tribe has designated the Tribal Historic Preservation
Office("THPO")to act on its behalf with respect to the provisions of this Agreement. Any Native
American human remains and Associated Items that are discovered in conjunction with the
development of this Project shall be treated in accordance with this Agreement.
B. Coordination with the County Coroner's Office. The Client shall immediately
contact both the Coroner and the Tribe or cause the Federal Lead Agency to do the same if the
Client or Federal Lead Agency discover any human remains during implementation of the Project.
The Parties acknowledge and agree that if the Coroner recognizes the human remains to be those
of a Native American, or has reason to believe that the human remains are those of a Native
American,the Coroner will notify the Native American Heritage Commission("NAHC") within
twenty-four (24) hours of the determination, as required by subdivision(c) of Section 7050.5 of
the California Health and Safety Code.
C. Most Likely Descendant. In the event that Native American human remains
and/or Associated Items are discovered during the development of the Project, the Parties agree
that the determination of Most Likely Descendant ("MLD"), under Section 5097.98 of the
California Public Resources Code, shall be made by the NAHC. The Coroner will be called upon
to make a determination if the remains are human in nature, and will determine whether there is a
forensic requirement. Once the MLD is designated, the MLD will make all decisions regarding
the disposition of the Native American human remains.
If the Tribe has been designated the MLD, and if the Coroner, in consultation with the
THPO,determines that there is no forensic requirement, then the Native American human remains
and/or Associated Items shall be subject to Tribal Policies. These Tribal Policies are contained in
Tribal Historic Preservation Organization and Policies (June 8, 2004), particularly in Chapter 4,
titled Treatment of Disturbed Human Remains Policy. The THPO shall monitor compliance with
these guidelines.
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D. Treatment and Disposition of Native American Human Remains. In the event
that Native American remains are found during the development of the Project and the Tribe has
been designated the MLD,the following provisions shall apply to the Parties:
1. The Tribe,as MLD, shall be allowed,pursuant to subdivision(a)of Section
5097.98 of the California Public Resources Code, to (i) inspect the site of the discovery; and,
notwithstanding subdivision (a) of Section 5097.98 of the California Public Resources Code, to
(ii) make determinations as to how the Native American human remains and Associated Items
shall be treated and disposed of with appropriate dignity.
2. The Tribe, as MLD, shall complete its inspection within forty-eight (48)
hours of being granted access to the site of discovery, as required by subdivision (a) of Section
5097.98 of the California Public Resources Code. The Parties agree to discuss in good faith what
constitutes"appropriate dignity," as that term is used in the applicable statutes.
3. Disposition and treatment of Native American human remains and
Associated Items shall be accomplished in compliance with subdivisions (a) and (b) of Section
5097.98 of the California Public Resources Code, except as set forth herein. The Tribe,as MLD,
in consultation with Client, shall make the final discretionary determination regarding the
appropriate disposition and treatment of Native American human remains and Associated Items.
4. The Parties are aware that the Tribe may wish to rebury the Native
American human remains and Associated Items on or near the site of their discovery in an area
that shall not be subject to future subsurface disturbances. Client shall accommodate on-site
reburial in a location mutually agreed upon by the Parties.
5. The term "Native American human remains" encompasses more than
human bones because the Tribe's traditions periodically necessitated the ceremonial burning of
human remains. Associated Items are those artifacts associated with any Native American human
remains. These items and their ashes are to be treated in the same manner as human bone fragments
or bones that remain intact.
E. Treatment and Disposition of Associated Items. Native American human
remains and Associated Items reflect traditional religious beliefs and practices of the Tribe. Native
American human remains and Associated Items that are discovered on the Project site are subject
to consultation between the Client and Tribe regarding appropriate treatment. The Tribe's consent
shall be obtained to allow the use of temporary curation facilities, which may temporarily house
the collections until the final disposition is agreed upon. Where appropriate and agreed upon in
advance,the archaeologist may conduct analyses of certain artifact classes, if required by CEQA,
in furtherance of the mitigation measures or conditions of approval for the Project. This may
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include,but is not limited or restricted to,shell,bone,ceramic,stone,or other artifacts. The Client
waives any and all claims to ownership of Associated Items that may be found on the Project site.
F. Non-Disclosure of Reburial Location. It is understood by the Parties that unless
otherwise required by law, the site of any reburial of Native American human remains and/or
Associated Items shall not be disclosed and shall not be governed by public disclosure
requirements of the California Public Records Act. The Client shall withhold public disclosure of
information related to such reburial,pursuant to the specific exemption set forth in subdivision(r)
of Section 6254 of the California Government Code.
III. COMPLIANCE WITH THE ARCHAEOLOGICAL RESOURCES PROTECTION
ACT AND NATIVE AMERICAN GRAVES PROTECTION AND
REPATRIATION ACT
A. ARPA Compliance. To the extent a portion of Project development is located on
"public lands" or "Indian lands," as those terms are defined in 16 U.S.C. § 470bb, Client shall
not excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove,
damage,or otherwise alter or deface any archaeological resource located on said lands unless such
activity is pursuant to a permit issued under 43 C.F.R. § 7.8 or exempted by 43 C.F.R. § 7.5(b).
As used in this Section, the term"archaeological resource" has the meaning ascribed to it in 16
U.S.C. § 470bb.
B. NAGPRA Compliance. To the extent a portion of Project development is located
on"federal lands" or"tribal lands"as those terms are defined in 25 U.S.C. § 3001, Client shall
comply with the requirements of the Native American Graves Protection and Repatriation Act(25
U.S.C. §§ 3001 et seq.), as implemented by 43 C.F.R. §§ 10.4 to 10.6, which include,but are not
limited to: (i) compliance with the requirements for the intentional removal from or excavation of
Native American cultural items from federal or tribal lands for the purposes of discovery, study,
or removal of such items; and, in the case of inadvertent discovery, (ii) notification in writing of
the applicable Secretary of the federal department, or head of any other agency or instrumentality
of the United States, having primary management authority with respect to federal lands and the
appropriate Indian tribe with respect to tribal lands, if known or ascertainable, if the Client knows
or has reason to know that it has discovered Native American cultural items on federal or tribal
lands; and (iii)cessation of activities in connection with the discovery in in the area of discovery.
As used in this Section, the term "cultural items" has the meaning ascribed to it in 25 U.S.C. §
3001.
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IV. MISCELLANEOUS PROVISIONS
A. Description of Work. The description of the scope of work for the Agua Caliente
Cultural Monitors for the Project is set forth in Exhibit B to this Agreement, which is attached
hereto and incorporated herein by this reference. Section I of Exhibit B specifies the duties and
responsibilities of the Agua Caliente Cultural Monitors and other specified parties. Section II of
Exhibit B identifies the geographical area that the Agua Caliente Cultural Monitors shall oversee
and Exhibit C mandates direct compensation of the Agua Caliente Cultural Monitors.
B. Assignment. This Agreement shall not be assigned without the prior written
consent of the Tribe.
C, Successor and Assigns. This Agreement shall be binding upon and inure to the
benefit of the heirs, successors, representatives, executors, administrators, and assignees of the
Parties,including subsequent land owners or Project proponents,and any person or entity obligated
to comply with environmental and cultural or archaeological resource protection laws applicable
to the Project.
D. Compliance with Laws. The Client shall comply with all applicable federal and
state laws. Nothing in this Agreement shall excuse the Client from any obligation under any
applicable federal or state laws, including, but not limited to: CEQA and applicable regulations
of the CEQA Guidelines; California Public Resources Code, §§ 5097.98, 5097.99, and 5097.991;
California Health and Safety Code, § 7050.5, subd. (c); California Government Code, § 6254;
NHPA, 54 U.S.C. §§ 3001 et seq. and its implementing regulations; and the First Amendment to
the United States Constitution. Nothing in this Agreement is intended to make any of the above-
referenced laws applicable where such laws would otherwise be inapplicable.
E. Indemnification. The Client hereby agrees to fully defend, indemnify, and hold
the Tribe, Tribal members, the Tribal Council, each member thereof, and the Tribe's officials,
directors, officers, employees, designees, representatives, and agents harmless from and against
any and all claims, suits, actions, damages, losses, liabilities, expenses, costs (including without
limitation, reasonable attorney's fees and court costs), and/or judgments of every nature or
description arising from, or in any way attributable to or related to, the negligence or willful
misconduct of the Client hereunder, including the Client's officers, employees, agents, principals,
shareholders,directors, and subcontractors.
F. Entirety. This Agreement and Exhibits A,B,and C attached hereto constitute the
entire agreement between the Parties with respect to the subject matter hereof. No amendment or
modification of this Agreement shall be effective unless in writing and executed by both Parties.
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G. Damages. Except as set forth in this Agreement,neither Party shall be liable to the
other, in any event, for any special or incidental damages arising out of the work performed
hereunder, whether arising in contract,tort,or otherwise.
H. Limitation on Scope. This Agreement is unique to the Project only and does not
set a precedent for other projects.
I. Term. This Agreement shall commence on February 26, 2018 and will end on
February 25, 2019.
This Agreement is entered into on the Agua Caliente Indian Reservation, as of the day and
year first above.
AGUA E BAND OF CAHUILLA CI OF PALM SP
INDIA
By: By:
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EXHIBIT A
Federal-Aid Project No. BR-NBIL(513), City Project No. 10-10
Vista Chino Bridge over Whitewater River,
Palm Springs,Cathedral City,
and the Agua Caliente Indian Reservation,
California 92262 and 92234
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EXHIBIT B
CULTURAL MONITORING OF GRADING AND
GROUND DISTURBING ACTIVITIES
I. Specifications
Given the nature and sensitivity of the archaeological sites and cultural resources that
are in or may be within the Project area, the Agua Caliente Band of Cahuilla Indians
shall provide the cultural monitoring, consultation, and facilitation for this Project
during archaeological studies,excavation,geotechnical studies, grading,and any other
ground disturbing activities during Project development. Agua Caliente Cultural
Monitors will work in concert with the archaeologists hired by the Client and Project
engineers. The Agua Caliente Cultural Monitors or Project archaeologists will be
empowered to halt all earthmoving equipment in the immediate area of discovery when
Native American human remains or Associated Items are identified until further
evaluation can be made in determining their significance. It is understood that all
surface and subsurface artifacts of significance shall be collected and mapped during
this operation following standard archaeological practices, After discovery of Native
American human remains or Associated Items discussions between the Agua Caliente
Cultural Monitors and Project archaeologist will take place to determine the
significance of the situation and best course of action for avoidance, protection of
resources, or data recovery as applicable. The scope of work for this Project requires
monitoring once grading or other earthmoving begins (i.e., from the beginning).
II. Project to he Monitored
Monitoring shall encompass the area known as Vista Chino Bridge over Whitewater
River, as indicated in Exhibit A of this Agreement and shall be known as the Project
area. It is agreed that monitoring shall be allowed for all archaeological studies,
excavation, geotechnical studies, grading, and any other ground disturbing activities
during Project development. In the absence of cultural deposit monitoring will not be
required for geotechnical work below 30 feet. Only Cultural Monitors appointed by the
Agua Caliente Band of Cahuilla Indians Monitoring Program will be used on the
Project.
III. Agua Caliente Cultural Monitors
The Parties to this Agreement anticipate the need for an Agua Caliente Cultural
Monitoring crew consisting of one (1) Cultural Monitor. If the scope of the work
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changes (e.g., inadvertent discoveries of cultural resources or simultaneous grading to
require additional monitors), the Client agrees to directly compensate the work of
additional Agua Caliente Cultural Monitors to the originally agreed upon crew of one
(1) Cultural Monitor. The compensation rate shall be made directly from the Client to
the Tribe. If Native American human remains are found, the coordination of the
reburial of those remains and any Associated Items shall be conducted in accordance
with this Agreement.
IV. Responsibility
It is the responsibility of the Client to ensure Agua Caliente Cultural Monitors have
been trained in general safety precautions connected with working on a construction
site. The THPO shall be notified if other special safety concerns must be observed in
advance and the Client shall provide special training if required.
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EXHIBIT C
MONITOR BUDGET WORKSHEET
Agua Caliente Band Of Cahuilla Indians
Historic Preservation Office-Monitoring Program
Date: February 13,2018 Project Start Date: February 26, 2018
Project Name: Vista Chino Bridge over Whitewater River
Project Address: Palm Springs, Cathedral City,
and the Agua Caliente Indian Reservation,
California 92262 and 92234
Contact name: David H. Ready, Esq. Ph.D., City Manager Contract No. 03-006-2012-006
City of Palm Springs
Billing Address 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262
CityManager _palmsprinasca.00v
Phone Nos.: Main: (760) 322-8362
The worksheet below is to estimate costs only.An invoice will be sent on a bi-weekly basis
Total# Total
1 Geotechnical WorklBoring of Days*
1 Machines(s)for 9 days 9
9 Days @ 4 hr days 36 hours
36 Hours @$85.001hr 3,060.00
2 Grading
1 Machine(s)for
Days @ 8 hr days days 0
Hours @$85.001hr hours 0.00
3 Utility Installation
1 Machines for
Days @ 8 hr days days 0
Hours @$85.001hr hours 0,00
4 OTHER Archaeology @$80.00 0 hours 0 0.00
Subtotal 9 3,060.00
V of machines x#of days TOTAL $3,060.00
�V)nitial 10 Initiatff I
Customer No.04-C ITYPS
Contract No. 08-009
Agua Caliente Band of Cahuilla Indians
Tribal Historic Preservation Office-Cultural Monitoring Program
PRE-EXCAVATION AND CULTURAL MATERIALS DISPOSITION AGREEMENT
I. General Agreement Conditions
This Agreement, made and entered into this 23 day of July 2008, by and between Agua
Caliente Band of Cahuilla Indians, a federally recognized Indian Tribal Government
("Tribal Government"), with offices at 5401 Dinah Shore Drive, Palm Springs, California,
92264, and the City of Palm Springs, ("Developer"), with its principal place of business
at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262.
II. Project Location
The Agreement concerns a bridge and road realignment within the Agua Caliente Indian
Reservation, City of Palm Springs, County of Riverside, owned by City of Palm Springs,
commonly referred to as the Belardo Bridge Geotechnical Boring ("Project").
The Project is specifically located on Belardo Road, Palm Springs, Riverside County,
Township 4 South, Range 5 East.
III. Purpose of Agreement
Developers and public agencies must assess the impact on cultural resources of their
projects, in accordance with Tribe's Historic Preservation Office Ordinance (Tribal Code,
Title 2, Chapter 2.240), and other laws including the Tribal Environmental Policy Act
(Tribal Code Title 5, Chapter 5.04), and the National Historic Preservation Act (NHPA).
Other acts may also apply. The use of Cultural Monitors is one effective way to address
this issue. Generally, Cultural Monitors should be used during cultural resources
inventory, and during any land-disturbing activities during construction of projects.
Only Cultural Monitors certified by the Agua Caliente Band of Cahuilla Indians
Monitoring Program will be used on all projects.
In addition, this agreement will formalize procedures for the treatment of human
remains, funerary items, ceremonial items, and any other cultural material in the event
they are found in conjunction with the development of the Project, including all phases
of archaeological studies, construction, geotechnical investigations, grading, and any
other ground-disturbing activities.
Initial 1 Initial
IV. The Monitor's Roles and Responsibilities
An approved Cultural Monitor shall be present at all construction projects during all
ground disturbing activities. As a general rule, one Approved Monitor will be required on
site for each piece of heavy equipment in use. The Lead Monitor and/or designated
representative(s) shall be present at the pre-job meeting of the contractor's and shall
participate in each on-site project meeting, including safety meetings
The approved Cultural Monitor(s) shall closely inspect ongoing excavation activities
including project related excavation, clearing and grubbing, installation of utility lines,
preparation of access roads and lay-down areas, or other areas where ground
disturbing activities are undertaken.
The Cultural Monitor shall be able to identify cultural sites such as archaeological sites
(village sites, food processing areas, lithic reduction areas, ceramic scatters, etc.),
mineral and plant gathering areas, burial sites including cremation burials, rock art sites,
and traditional cultural places. The Monitor's specific responsibility is to prevent damage
to a site by:
• Physically inspecting all earth disturbing activities for avoidance of cultural
and archaeological resources.
• Requesting excavation work to stop in the event of a discovery of cultural
items and remains so they can be evaluated.
• Ensuring that human remains and cultural items are treated with dignity
and in an culturally appropriate manner.
V. Human Remains and Funerary Items
Any and all human remains shall be treated with dignity and respect. Funerary Items
("Grave Goods") are cultural materials deposited with human remains. These items are
to be treated in the same manner as human remains.
In the event that human remains, and associated funerary items, are found advertently
or inadvertently, during the development of the Project, the County Coroner will be
called upon to make a determination if the remains are human in nature, and will
determine whether there is a forensic requirement. If the County Coroner, in
consultation with the Agua Caliente Tribal Historic Preservation Office (THPO),
determines that there is no forensic requirement, then the archaeological remains shall
be subject to Tribal Policies. These are contained in Tribal Historic Preservation
Organization and Policies (June 8, 2004) particularly in Chapter 4 titled Treatment of
Disturbed Human Remains Policy. The THPO shall monitor compliance with these
guidelines.
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' Initial 2 Initial
All Parties are aware that the Tribe may wish to rebury the human remains and
associated funerary items on or near the site of discovery, in an area that shall not be
the subject to future subsurface disturbance. The Developer shall accommodate on-site
reburial in a location mutually agreed upon by the Parties.
All Parties agree that, unless required by law, the site of burials/reburials of human
remains shall not be disclosed and shall not be governed by public disclosure
requirement of the California Public Records Act. The County Coroner, Parties, and
Lead Agency shall be asked to withhold public disclosure information relative to such
reburial/burials, pursuant to the specific exemption set forth in California Government
code §6264(r).
VI. Curation and Disposition of Cultural Material
In the event of recovery of cultural materials within the Project area, they will be
returned to the Agua Caliente Band of Cahuilla Indians, through the THPO, for proper
disposition, and/or curation.
The Developer waives any and all claims to ownership of Native American cultural
material that may be found on the Project site.
If examination of the cultural material is necessary (Le. artifact analysis by qualified
archaeologists), the cultural material shall be returned to the Tribe within 30-days of the
completion of the analysis.
In the event that materials are shown to belong to another entity, the THPO will arrange
exchange of same to such entity.
VIL Site Safety
All Approved Cultural Monitors have been trained in general safety precautions
connected with working on a construction site. The THPO must be notified if other
special safety concerns must be observed in advance so that the Cultural Monitors are
properly trained and/or equipped.
All Approved Tribal Monitors are and will remain fully covered under the Workers
Compensation policies of the Tribe. All insurances will remain in effect for the duration
of the project.
Cultural Monitors are covered under Tribal liability insurance.
C.1l=Li fiat Li tial
VIII. Compensation
The Tribal Government shall be fully compensated for services provided by the Cultural
Monitors under this Agreement by the payment of the sums set forth in Exhibit "A"
attached hereto.
Payment includes, but is not limited to, all services, materials, supplies, equipment,
overhead, profit, taxes, and any other incidental and operating expenses, including
reproduction and travel costs, that may be incurred by the Tribal Government.
The following rates will apply:
Administration (contract negotiation/Lead Monitor oversight): $65.00/hour
Cultural Monitoring: $65.00/hour
Overtime and time-and-a-half and double time will come into effect for all Cultural
Monitors that exceed over 8 hours in a day or more than 40 hours in a week.
A minimum half-day charge ("show up" time) shall be charged to the Developer for
unannounced work stoppages that are not due to actions by the Tribe.
Experience has shown that unpredictable variables such as weather, equipment failure
and maintenance, scheduling, inspections, etc. all effect the timing of field projects. This
agreement serves only as an estimate of anticipated costs subject to changes in those
variables.
IX. Invoicing and Payment
Following periodic completion of field investigations, the THPO will prepare and submit
invoices covering time and materials worked/spent in completion of Monitoring services.
All invoices are submitted on a monthly schedule and are payable upon receipt.
Invoices unpaid past 30-days are subject to additional and reasonable collection service
fees. Delinquency in payment constitutes a breach of contract and may cause a delay
or a halt in services.
X. Progress Reports
This agreement does not require the Tribe to submit progress reports of Monitoring
activity. If you require such reports for accountability, the THPO shall be notified and
provided with a format for satisfactory documentation.
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Initial 4 Initial �N
XI. Indemnification
The Developer hereby agrees to fully defend, indemnify, and hold the Tribal
Government harmless from and against any and all claims, suits, actions, damages,
loss, liability, or costs of every nature or description (including reasonable attorney fees)
arising from, or in any way attributable to or related to, the negligence or willful
misconduct of Developer hereunder, including Developer's officers, employees, agents,
principals, shareholders, directors, and subcontractors.
XII. Entirety
This Agreement and attachments hereto constitutes the entire Agreement between the
parties hereto with respect to the subject matter hereof. No amendment or modification
to this Agreement shall be effective unless in writing and executed by both parties.
XIII. Damages
Except as set forth in this Agreement, neither party shall be liable to the other, in any
event, for any special or incidental damages arising out of the work performed
hereunder, whether arising in contract, tort, California statutes or otherwise.
This Agreement is entered into on the Agua Caliente Indian Reservation, as of the day
and year first above.
Agua Calient and of Cahuilla Indians City of Palm Springs
By By �R. - 4a �
rvjart- an4gcr
By Ct.N ynnager
Approved as to Form
By: "R- �- (A
Initial 5 Ficza Haqer Initial
Deputy Ci. L-y At•Lorney
XI. Indemnification
The Developer hereby agrees to fully defend, indemnify, and hold the Tribal
Government harmless from and against any and all claims, suits, actions, damages,
loss, liability, or costs of every nature or description (including reasonable attorney fees)
arising from, or in any way attributable to or related to, the negligence or willful
misconduct of Developer hereunder, including Developer's officers, employees, agents,
principals, shareholders, directors, and subcontractors.
XII. Entirety
This Agreement and attachments hereto constitutes the entire Agreement between the
parties hereto with respect to the subject matter hereof. No amendment or modification
to this Agreement shall be effective unless in writing and executed by both parties.
XIII. Damages
Except as set forth in this Agreement, neither party shall be liable to the other, in any
event, for any special or incidental damages arising out of the work performed
hereunder, whether arising in contract, tort, California statutes or otherwise-
This Agreement is entered into on the Agua Caliente Indian Reservation, as of the day
and year first above.
Agua Calient and of Cahuilla Indians City of Palm Springs
��,, ''
By By �!�V -Pro� �a5er
Not To Exceedj- c; n9 i nee r
Without The ExpreSS Wrlft n
Authorization Of The City
- Manager. —
C onager
TEST:
city Clerk 6S�ZI�DZfE8 APPROVED BY CITY MANAGER
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EXHIBIT "A"
MONITOR BUDGET WORKSHEET
Ague Calienta Band Of Cahuilla Indians
Historic Preservation Office-Monitoring Program
Date:7/23/08 Project Start Date: July 29, 2008
Project Name: Belardo Bridge Geotech Baring
Project Address: Belardo Bridge
Project Size: -- 1 mile
Contact name: Marcus Fuller Customer No. 04-CITYPS
City of Palm Springs Contract No. 08-009
Billing Address 3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Phone Nos.: 780-323-3253 x8744
The worksheet below is to estimate costs only. An invoice will be sent on a bi-weekly basis
Total # Total
1 Boring of Days'
1 Machines (s)for days 10
10 Days @ 8 hr days 80 hours
80 Hours @ $65.00/hr 5,200.00
2 PAD PREPARATION/GRADING
1 Machine(s)for days 0
0 Days @ 8 hr days 0 hours
0 Hours @ $65.00/hr 0.00
3 WETIDRY UTILITY INSTALLATION
1 Machines For days 0
0 Days @ 8 hr days 0 hours
0 Hours @ $65.00/hr 0.00
4 OTHER Archaeologist @ $80.00 0 hours 0.00
Subtotal 5,200.00
s /N1�U1�SAg�� �KP�NSf S 780.00
V of machines x#of days TOTAL $5,960.00
4,
/ Oc
Monitor Assigned: �f�
Notes: 1. lien waiver? 0
2