HomeMy WebLinkAbout4/15/2009 - STAFF REPORTS - 2.G. pLM SAf
y iy
G
u
`C°4o.em' p
�41FORNX City Council Staff Report
Date: April 15, 2009 CONSENT CALENDAR
Subject: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH AGUA
CALIENTE CULTURAL MUSEUM
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Agua Caliente Cultural Museum ("ACCM") is a 501(c)(3) not-for-profit organization
that is established to administer the future Agua Caliente Band of Cahuilla Indians
cultural museum to be constructed at the southeast corner of Tahquitz Canyon Way and
Hermosa Drive. The ACCM has requested that the City act as its liaison with the state
of California to coordinate two federal grants the ACCM received related to the
museum.
RECOMMENDATION:
1) Approve the Memorandum of Understanding with the Agua Caliente Cultural
Museum; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On February 9, 2009, Michael Hammond, Executive Director of the the Agua Caliente
Cultural Museum ("ACCM"), submitted a letter to the City Manager requesting that the
City help facilitate the ACCM's obligation and use of two federal grants related to the
Agua Caliente Band of Cahuilla Indians future cultural museum (see Attachment 1).
The ACCM was successful in lobbying for two separate federal grants that total
approximately $1 Million to be used for design related work, including planning and
engineering of roadway and interpretive signage, road and signage improvements,
drainage, vehicular parking areas, and appurtenant structures and facilities. The
cultural museum will be constructed at the southeast corner of Tahquitz Canyon Way
and Hermosa Drive.
ITEM NO. Z G
City Council Staff Report
April 15, 2009- Page 2
Agua Caliente Cultural Museum MOU
Federal grants are distributed to each state via the state's Department of
Transportation; in California the funds are distributed to Caltrans. Each recipient of a
federal grant must have an agreement with Caltrans related to the use of federal funds.
Typical recipients of federal grants are local governments, cities, counties, and
metropolitan planning organizations (Le. ROTC, CVAG, etc.). In attempting to obtain
the federal funds allocated to the ACCM, the ACCM was prevented from directly
seeking those funds as the ACCM is not a typical agency with which Caltrans directly
interacts. Caltrans directed the ACCM to seek the assistance of a public agency that
has experience coordinating the use of federal funds, to obligate the federal funds on its
behalf.
Therefore, the ACCM's request stated in its February 9, 2009, letter, is to request the
City of Palm Springs to act on its behalf as the public agency responsible for
coordinating with Caltrans to obligate the use of its federal funds provided to the ACCM
by Congress specifically for design related activities for the cultural museum. In order to
facilitate the ACCM's request, the City Attorney's office has prepared a Memorandum of
Understanding (MOU) between the City and the ACCM related to the City's assistance
and administration of the ACCM's federal funds on its behalf.
Staff recommends that the City Council approve the MOU to facilitate the ACCM's
request, such that the federal funds do not lapse, preventing their use by the ACCM for
the cultural museum.
FISCAL IMPACT.-
None.
David J. Barakian Thomas J. Wils n
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City Manai_�
ATTACHMENTS:
1. ACCM February 9, 2009, letter
2. MOU
ATTACHMENT
AGUA CALIENTE CULTURAL MUSEUM
FEBRUARY 9, 2009, LETTER
f �t cs G � 2909
AQUA CALIENTE CULTURAL MUSEUM
February 9, 2009
David H. Ready, Esq., Ph_D.
City Manager '
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear David:
I and several Museum colleagues met recently with Marcus Fuller and his staff to
discuss a possible role the City of Palm Springs might play in helping obligate
and access federal funding awarded Agua Caliente Cultural Museum by the U.S.
Congress. The funds are for support of the Museum's building project at the
southeast corner of East Tahquitz Canyon Way and Hermosa Drive.
Two grants originating from Congressional earmarks that total approximately
$1 million will be used for design-related work, including planning and
engineering of roadway and interpretive signage, road and signage
improvements, drainage, vehicular parking areas, and appurtenant structures
and facilities.
Specifically, it is our intention to use these funds to (1) pay a 17 percent
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; and (2) to pay redesign expenses incurred as a result of complying with
new building code regulations effective January 2009. The redesign process will
afford the Museum a unique opportunity to revisit the choice of construction
methods and materials, in light of newer technologies and materials that may
come available. It will also be an opportunity to make additional prudent
adjustments with an eye on "greening the building" further by designing and
incorporating even more energy-efficient elements.
In this instance, Caltrans is responsible for administering these funds to the
Museum through a designated local agency that has proven experience in these
matters. In the meeting with Marcus and in discussions with members of Tribal
Council, we concluded that the City of Palm Springs is the most qualified local
designated agency to assist the Museum in obligating and accessing these
funds.
AGUA CAUI NTE CULTURAL MUSEUM • 471 Fast Tahquifz Canyon Way, Suite 231 • Palm Springs, CA 92262
760.778. 1079 Telephone 0 `760.322 77)4 Fnx 01AIIAhl, m o„m •�
David H. Ready, Esq., Ph.D.
February 9, 2009
Page 2
To that end, I request the City of Palm Springs be the Museum's local designated
agency and, with the assistance of your office and Marcus Fuller, prepare a
Memorandum of Understanding (MOU) between Agua Caliente Cultural Museum
which is a 501(c)(3) not-for-profit organization and the City of Palm Springs.
The purpose of the MOU is to establish a Master Agreement that will satisfy
Caltrans guidelines in these funding matters.
Marcu,$.and his staff have bgen most helpful to the Museum in determining how
best to move forward in this matter. I appreciate the City's partnership in helping
the Museum realize the vision for the new facility that has been planned. Thank
you for your consideration of this request_
Sincerely,
ichael Hammond, Ph.D.
Executive Director
MH:sh
cc: Marcus Fuller
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into
this of , 2009, by and between the CITY OF PALM SPRINGS,
a California charter city ("City") and AGUA CALIENTE CULTURAL MUSEUM, a
501(c)(3) not-for-profit organization ("ACCM").
City and ACCM 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 Last 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.
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.
Page 2 or4
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. SeverabilitV. 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.
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
By:
David H. Ready, City Manager
ATTEST:
C
By:
James Thompson, City Clerk
APPROVED ��O FORM:
By: /' -.
Dougl s C, Holland
City Attorney
AQUA CALIENTE CULTURAL MUSEUM
By:
Page 3 of 4