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City Council Staff Report
Date: May 21, 2014 CONSENT CALENDAR
Subject: AGREEMENT WITH THE CITY OF CATHEDRAL CITY FOR FUNDING
OF THE CLEANUP PHASE OF THE EAGLE CANYON DAM BEING
COMPLETED BY THE RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT (RCFC).
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of this agreement between the City of Palm Springs and Cathedral City will
provide for the City of Palm Springs to pay its share of the Eagle Canyon Dam cleanup
to Cathedral City.
RECOMMENDATION:
1. Approve Agreement No. an agreement with the City of Cathedral City
(CCC) for payment of City of Palm Springs share of Eagle Canyon Dam cleanup.
2. Authorize City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Eagle Canyon Dam project is a top priority project for the RCFC and is identified on
the Palm Springs Master Drainage Plan. The site of the dam and related facilities had
been historically used for illegal dumping. The construction of the dam and related
facilities will remove many residential areas from the flood zone, thereby eliminating the
need for many properties to purchase flood insurance.
In 2009, the City approved a Memorandum of Understanding (MOU) with The Agua
Caliente Band of Cahuilla Indians, CCC and RCFC which provided that Palm Springs is
responsible to pay '/2 the cost of cleanup of debris and hazardous materials from the
Eagle Canyon Dam site. CCC has the same payment responsibility. The RCFC has
now completed all cleanup work at a total cost of $1,193,556.50 and CCC has remitted
full payment to RCFC. Pursuant to the referenced MOU, this agreement provides for
Palm Springs to reimburse CCC ''/z of the total cost, or $596,778.25. CCC shall provide
ITEM NO.�—
City Council Staff Report
May 21, 2014 - Page 2
Agreement with the City of Cathedral City for Funding of the Cleanup Phase of The Eagle Canyon Dam
documentation of the RCFC invoice and proof of their payment prior to Palm Springs
reimbursement.
FISCAL IMPACT:
Sufficient funds are available in Drainage account No. 135-4374-55007 and 135-4375-
55000.
SUBMITTED:
Prepared by: Approved by:
David J. Barakian David H. Ready
Director of Public Works/City Engineer City Manager
Attachment:
1. MOU
2. Agreement
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P8/123992
MEMORANDUM OF UNDERSTANDING
EAGLE CANYON DAM
This Memorandum of Understanding ("MOU") is entered into by the Riverside
County Flood Control and Water Conservation District ("RCFCWCD"), the City of Cathedral City
("Cathedral City'), the City of Palm Springs ("Palm Springs"), and the Agua Caliente Band of
Cahuilla Indians 'ACBCI" tte
( ),on M oh 0151 12009.
RECITALS
WHEREAS, the Parties recognize that the topography and natural water flow in or
near their respective jurisdictions could result in the loss of life and/or property from flooding (the
"Condition"); and
WHEREAS, the Parties have identified a System of flood control (the "System")
which would greatly alleviate the Condition, thereby reducing the risk of loss of property and lives
opening up opportunities for economic development; and
WHEREAS, the System is made up of improvements in RCFCWCD Zone 6 Eagle
Canyon area, including construction of a dam, (the "Dam"), Lines 41 and 43, and improvements
around Line 41, generally shown on Exhibit"A"attached hereto and made a part hereof;and
mutual benefit.WHEREAS, the Parties desire to work together to implement the System for their
i
following: NOW, THEREFORE, the Parties, in recognition of the benefits to each, agree to the
TERMS
Section 1. Incomoration of Recitals.
The above recitals are incorporated herein by reference,
Section 2. Effect of MOU.
This MOU specifies the Parties' respective roles in implementing the System. The
Parties recognize that the cost of the System will be substantial and that all sources of
funding are not presently (mown. This MOU is an expression of the Parties' intent to
pursue locating and securing funding and in implementing the System. It is not a
binding contract to perform the various tasks assigned to each. Parties understand and
agree that subsequent detailed agreements will be needed to formally obligate Parties.
Section 3. RCFCWCD Obligations
RCFCWCD will be responsible for the following:
a. It will assume responsibility for and act as lead agency in all environmental
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P8/123992
assessments for the Dam under both the National Environmental Policy Act and
the California Environmental Quality Act.
b. It will undertake any tests or studies required for design and construction of the
Dam.
c. It will acquire the necessary land for the Dam.
d. It will be responsible for designing the Dam and obtaining all necessary permits
and approvals from affected jurisdictions, including,but not limited to, the State
Department of Water Resources, Division of Safety of Dams.
e. It will conduct the public bidding process for all improvements, which are a part
of the Dam, and oversee construction and necessary testing.
f. It will pay for the Dam's design,construction,testing and inspection.
g. Upon completion,it will operate and maintain the Dam and Lines 41 and 43.
h. It will use District lobbying services cooperatively to seek funding and will
pursue other sources to help pay for the System.
Section 4. Cathedral City Obligations.
Cathedral City will be responsible for the following:
a. It will pay up to one-half the cost of surface and underground cleanup of debris
and hazardous materials in the vicinity of Eagle Canyon Dam (the "Cleanup"),
shown on Exhibit "B" attached hereto and made a part hereof. The obligation
listed herein to pay up to one half the cost of the Cleanup shall only occur upon
completion of all efforts to obtain State and Federal grants to offset Cleanup
costs, and only after required funds for up to one-half the cost of the Cleanup
(less any State and Federal grants) are budgeted and available for use in
accordance with this MOU.
b. It will advance funds to RCFCWCD Zone 6 for the design of Line 43 and its
related improvements, as shown on Exhibit"A".
c: It will use Cathedral City lobbying services cooperatively to seek funding and
will pursue other sources to help pay for the System.
Section 5. Palm Springs Obligations.
Palm Springs will be responsible for the following:
a. It will pay up to one-half the cost of surface and underground cleanup of debris
and hazardous materials in the vicinity of Eagle Canyon Dam (the "Cleanup"),
shown on Exhibit"B". The obligation listed herein to pay up to one-half the cost
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P8/123M
of the Cleanup shall only occur upon completion of all efforts to obtain State and
Federal grants to offset Cleanup costs, and only after required funds for up to
one-half the cost of the Cleanup (less any State and Federal grants)are budgeted
and available for use in accordance with this MOU.
b. It has pledged $1 million to RCFCWCD Zone 6 to help pay for the extension of
Line 41 and its related improvements,as shown on Exhibit"A".
C. It will use Palm Springs City lobbying services cooperatively to seek funding
and will pursue other sources to help pay for the System.
Section 6. ACBCI Obligations.
ACBCI will be responsible for the following:
a. It will pay, facilitate funding through the Bureau of Indian Affairs and/or provide
in-kind project management services for the surface and underground cleanup of
debris and hazardous materials in the vicinity of Eagle Canyon Dam (the
"Cleanup")shown on Exhibit"B."
b. It will assist the Parties in processing of grants of easements, rights of way or
land acquisitions, including costs for appraisals, for Trust lands affected by the
System.
C. It will use ACBCI lobbying services cooperatively to seek funding and will
pursue other sources to help pay for the System.
Section 7. Financial Obligations and Orants.
a. Unless otherwise indicated, it is the intent of the Parties that snob wUl be
responsible for the cost of its obligations as set forth above.
b. Each Party will actively seek grants individually and 000peradvely from all
available sources to partially or wholly offset the costs of lts obligations.
C. Each Party will actively engage with its State and Federal legislators individually
and cooperatively to gain support of the System.
Section . General Provisions.
a. The captions used in this MOU are solely for convenience and are not doomed a
part of the text.
b. The Parties agree to cooperate with each other so as to facilitate the perfonne oe
of any Party's obligations under this MOU.
C. In performing its obligations, a Party shall utilize such procedures and practices
as it deems appropriate, subject only to the general obligation to act reasonably,
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PS/123992
and may engage such consultants or experts as it deems necessary to meet the
obligations.
d. All attached exhibits are incorporated by reference.
e. This MOU shall have a five-year term and be automatically renewed each year
thereafter unless one of the Parties gives notice of its intent, not less than thirty
(30) days in advance of an anniversary date, not to renew at said anniversary
date, in which case this MOU shall thereafter have no force or effect, unless the
surviving Parties agree in writing to continue the MOU without the withdrawing
Party.
f. Each Party agrees to maintain its standard liability and casualty insurance during
the performance of its obligations under this MOU. Each Party hereby
indemnifies the other Parties from any loss or damage of any kind, which arises
from the first Party's negligence or omission to carry out any obligations or
actions in connection with this MOU or the System.
g. This MOU may be executed in counterparts which taken together constitute a
complete agreement. The Parties agree that signatures received by facsimile
—._.--- ...._._—trmttsmissiorrshaillxYieemedto-beariginai-siorall-purposes-- _.-----.._.
h. The laws of the State of California shall govern the interpretation and
enforcement of this MOU.
IN WITNESS WHEREOF, an authorized representative of each Party has duly
executed this MOU on the date appearing by his or her name.
RIVERSIDE CO FLOOD CONTRO CITY OF CA DRAL CITY
AND'Vi'ATERi�TION DIS
By; B .
Print Name: W D. Williams - Print N e: Y r%&V a
Title: Gener a Chief E eer Title: vor
Date: �� Date:
CITY OF PALM SPRINGS AGUA NT8 BAND OF
C IND S
By; 2✓ t, By:
Print Name• / Print Name: Richard M. Milanoslah_
Title: David H. Rudy- tatty Managim� Title: Chairman Tribal CDunoil
Date: APPROVED BY CITY OOUNCIL Date: ' ✓�
colt6/09 8K AgrSog
Attest:
-4-
es Inompson, City Clerk 06
AGREEMENT
BY AND BETWEEN
CITY OF CATHEDRAL CITY
AND
CITY OF PALM SPRINGS
FOR
FUNDING THE ENVIRONMENTAL CLEANUP PHASE OF THE EAGLE CANYON
DAM CONSTRUCTION BEING COMPLETED BY THE RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
THIS AGREEMENT ("Agreement') is entered into this 13th day of November,
2013, ("Effective Date"), by and between the City of Cathedral City, a municipal
corporation located in the State of California ("CCC) and the City of Palm Springs, a
charter city located in the State of California ("CPS"), for the funding of the
environmental cleanup phase of the Eagle Canyon Dam Construction ("Project').
RECITALS
WHEREAS, CCC and CPS share a common jurisdictional boundary between the
two cities in the Eagle Canyon area; and
WHEREAS, CCC and CPS entered into a Memorandum of Understanding
("MOU"), dated March 25, 2009, with Riverside County Flood Control and Water
Conservation District (RCFCWCD) to jointly fund the environmental cleanup of the
Eagle Canyon Dam Construction; and
WHEREAS, the term of the MOU was for five years with automatic annual
renewals unless a 30-notice is provided by one of the Parties; and
WHEREAS, the commencement and completion of the Environmental Cleanup
Phase of the Project has occurred within the five year period; and
WHEREAS, pursuant to the Agreement, CCC and CPS agreed to "each pay one-
half the cost of surface and underground cleanup or debris and hazardous materials in
the vicinity of Eagle Canyon Dam";
WHEREAS, an Evaluation of Environmental Cleanup Costs prepared by Earth
Systems Southwest and identified in Exhibit B of the MOU estimated the cleanup costs
to range from $1.2 million to $1.5 million;
WHEREAS, the Environmental Cleanup Phase of the Project is now completed
and CCC has been billed and remitted payment in full to RCFCWCD, the lead Agency,
in the total amount of$1,193,556.50; and
WHEREAS, CCC has now provided supporting documentation to CPS and is
requesting reimbursement for the agreed upon one-half the cost of the Environmental
Cleanup in the amount of $596,778.25; and
WHEREAS, the Riverside Co. Flood Control District has verbally agreed to allow
City of Palm Springs to use funds set aside for Master Drainage Plan line 41 to meet its
obligation for Eagle Canyon clean up and line 41;
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NOW THE obligations
THEREFORE, in consideration of the mutual covenants, obligato s and subject
to the conditions contained herein, the parties hereto agree as follows:
Section 1. Incorporation of Recitals.
All of the above Recitals are true and correct and incorporated herein by this
reference to the same extent as though set forth in full.
Section 2. Obligations.
a. CPS agrees to pay to CCC one half the total cost of the Environmental
Cleanup Phase of the Eagle Canyon Dam construction project within 30
days of receipt of invoice from CCC including appropriate documentation
from RCFCWCD.
b. CCC shall invoice CPS not more frequently than monthly.
C. CPS's maximum obligation for its share of the Environmental Cleanup
Phase costs shall not exceed $588,744.50.
Section 3. Notice.
a. Any notice, demand, or request either party desires, or is required to give
to the other party, or to any other person, shall be in writing and shall be
served either personally or sent by first class mail, postage pre-paid, to the
following addresses:
City of Cathedral City City of Palm Springs
68-700 Ave. Lalo Guerrero P.O. Box 2743
Cathedral City, CA 92234 Palm Springs, CA 92263
Attn: City Manager Attn: City Manager
b. Either party may change its address by notifying the other party in writing
of the change of address. Notice shall be deemed communicated at the
time personally delivered or after seventy two (72) hours from the time of
depositing in the U.S. mail, if mailed as provided in this section.
Section 4. Integration.
This Agreement supersedes any and all other agreements, either oral or written,
between the parties with respect to the subject matter of this Agreement, and contains
all of the covenants and agreements between the parties with respect to the subject
matter of this Agreement, and each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements have been made by or on
behalf of any party except those covenants and agreements embodied in this
Agreement.
Section 5. Interpretation.
This Agreement shall not be interpreted against either party on the grounds that
one of the parties was solely responsible for preparing it or caused it to be prepared as
both parties were involved in drafting it. 08
Section 6. Waiver.
No waiver shall be binding, unless executed in writing by the party making the
waiver, and no waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. Failure of
either party to enforce any provision of this Agreement shall not constitute a waiver of
the right to compel enforcement of the remaining provisions of this Agreement.
Section 7. Severability.
If any one or more of the sentences, clauses, paragraphs or sections contained
herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the
same shall be deemed severable from the remainder of this Agreement and shall not
affect, impair or invalidate any of the remaining sentences, clauses, paragraphs, or
sections contained herein.
Section 8. Governing Law.
The validity of this Agreement and any of its terms or provisions as well as the
rights and duties of the parties under this Agreement shall be construed pursuant to and
in accordance with California law.
Section 9. Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise
by either party of one or more such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or
any other default by the other party.
Section 10. Venue.
All proceedings involving disputes over the terms, provisions, covenants or
conditions contained in this Agreement and all proceedings involving any enforcement
action related to this Agreement shall be initiated and conducted in the applicable court
or forum in Riverside County, California.
Section 11. Successors in Interest.
This Agreement is and will be binding upon and will inure to the benefit of the
parties and their legal successors and assigns.
Section 12. Amendments.
This Agreement may be supplemented, amended or modified only by the written
agreement of the parties. No supplement, amendment or modification will be binding
unless it is in writing and signed by both parties.
Section 13. Counterparts.
This Agreement may be executed in counterparts and shall be deemed to be
executed on the last date any such counterpart is executed.
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Section 14. Authority to Enter Agreement.
Each party warrants that the individuals who have signed this Agreement have
the legal power, right, and authority to make this Agreement and to bind each respective
party.
Section 15. Captions and Headings.
The captions and headings contained in this Agreement are provided for
identification purposes only and shall not be interpreted to limit or define the content of
the provisions described under the respective caption or heading.
IN WITNESS WHEREOF, this Agreement has been duly executed by the respective
parties hereto by their duly authorized officers as of the date hereinabove first written.
"CCC" "CPS"
CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS
A California Municipal Corporation A California Charter City
Rodbrick J. o , erim'City Manager David H. Ready, City Manager
ATTEST: ATTEST:
Gary Howell, Ch Clerk James Thompson, City Clerk
APPROVED AS TO FORM: APPROV D AS TO FORM:
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Charles R. Green, City Attorney Dou as C. Holland, City Attorney
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