Loading...
HomeMy WebLinkAbout6/19/2002 - STAFF REPORTS (29) MEMORANDUM OF UNDERSTANDING FOR BELARDO ROAD BRIDGE AND RELATED ROADWAYS BETWEEN AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE CITY OF PALM SPRINGS This Memorandum of Understanding (MOU) is entered into this _day of 2002 by and between the AGUA CALIENTE BAND OF CAHUILLLA INDIANS acting through its Tribal Council (Tribe), a Federally-Recognized Tribe and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council (City), a Municipal Corporation. RECITALS 1. The Agua Caliente Band of Cahuilla Indians (Tribe) is a Federally-Recognized Indian Tribe governing itself according to a Constitution and exercising sovereign authority over the lands of the Ague Caliente Indian Reservation (Reservation). 2. The City of Palm Springs, California(City), is a charter city, possessing full powers with respect to municipal affairs to regulate the territory under its jurisdiction and in accordance with the California Constitution, its Charter and State Law. 3. On May 18, 2001 the City and Tribe submitted a joint application to the Federal Highway Administration (FHWA) for Federal Public Lands Highway-Discretionary funds to construct the Belardo Bridge and related roadway improvements. A complete list of improvement work is contained in said application. 4. On or about December 15, 2001, President Bush signed the Transportation Bill which contained$3million for the Belardo Bridge and related roadway work project (Project). 5. On February 8, 2002, City submitted `Request for Authorization to Proceed with Preliminary Engineering" package to the State of California, Department of Transportation (CalTrans). NOW THEREFORE, the parties hereto enter into this Memorandum of Understanding (MOU) as follows: Section 1 - Goal The City and Tribe enter into this MOU to identify responsibilities and implement a process for the preliminary engineering, environmental, right-of-way and construction services for the Project. Section 2 - Process and Responsibility Outline City and Tribe understand that no work of any kind for Project may begin until written authorization is received from CalTrans. All work, including procurement of consultants, right-of-way procedures, design and construction procedures are to be in accordance with Federal rules and procedures as outlined in CalTrans Local Assistance Procedures Manual including adherence to Disadvantaged Business Enterprise policy as adopted by the City Responsibility of Tribe: h • Preparation of RFP and contracting for all environmental services, required on the �( approved Preliminary Environmental Study Form. • Preparation of RFP and contracting for all Right-of-Way Services including obtaining Paz"rdno Ks bast eflfoo4 and amq.0hV the City to obtain all necessary rights-of-way . Assisting City should condemnation process be required and approved by C-Hy due to Tribe's best effar is "of beingsuecemy$1in unable to obtaining all necessary rights-of-way. Theright-of- way for the roadway from the east side of the Interpretive Center parking lot to Belardo Road shall not be dedicated to the City. • Completion of documents required for work noted above and submittal to City. Responsibility of City: • Lead agency for coordination with CalTrans, including submittal of required documents and forms. • Preparation of RFP and contracting for engineering design services and construction engineering and inspection services. Advertising and bidding project for construction. • Accepting rights-of-way offered by Tribe and tither Und owne g. • Submittal of all completion documentation to CalTrans at project completion. Undertaking acquisition of right-of way by condemnation should Tribe be unable to acquire the right-of--way, but such condemnation will not be at City's expense. Both parties understand and agree that payment for above services and staff time is by the party responsible for the specific service (but City is not responsible.for the expense of condemnation). City shall submit reimbursement requests to CalTrans for payments it has expended and, upon receipt of documentation from Tribe, for payments Tribe has expended. City shall reimburse Tribe within 15 days of receipt of the corresponding reimbursement from CalTrans. Both parties further agree that committees for selection of consultants will include representatives of City, Tribe and CalTrans and that final plans, specifications and environmental document shall be executed by staffs from both City and Tribe. Representatives from each party will also serve on the Project Development Team when said team is formed subsequent to City contracting for engineering design services. Section 3 - General Terms and Conditions 1. Governing Law: Unless inconsistent with Federal Law,which shall be supreme,the laws of the State of California shall govern the interpretation and enforcement of this MOU. 2. Modifications: In the event the total dollars allocated are reduced from the$3million contained in the approved Transportation Bill, both parties must agree, by written instrument,to any proposed alteration,change or modification to this MOU. Absent any alteration, change or modifications, each party's unreimbursed monetary responsibility is limited to the "local contributions" as outlined in the Joint Application to FHWA. It is each party's responsibility to determine the reimbursement eligibility before expending funds for any task or service. 3. Approval:This MOU shall be approved by Resolutions of the Tribal Council and the City Council. 4. Termination: Either party may terminate this MOU, without prejudiee to any legal position thereafteF asserted, upon 30 days written notice to the other party, assuming responsibility for all costs incurred by said party until the date of termination. Termination of this MOU, unless replaced by a subsequent MOU or Agreement, shall halt progress on the project unless one party agrees to assume all responsibility for said Project. IN WITNESS WHEREOF the City and Tribe have executed this MOU as of the date first written above. Approved as to Form Tribal Attorney Approved as to Form City Attorney "TRIBE" Agua Caliente Band of Cahuilla Indians A Federally-Recognized Tribe Tribal Council Chairman "CITY" City of Palm Springs, California A Municipal Corporation ATTEST Mayor City Clerk Le_mlavr ng wrklan M goon cufffine font rr«ff*.:its change made by the Tmib«. Lettering written tra an italic,font reflects changes made by the City. MINUTE ORDER NO. APPROVING THE MEMORANDUM OF UNDERSTANDING (M.O.U.) BETWEEN THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE CITY OF PALM SPRINGS, OUTLINING THE RESPONSIBILITIES FOR THE DESIGN AND CONSTRUCTION OFTHE BELARDO ROAD BRIDGE AND ROADWAY IMPROVEMENTS. I HEREBY CERTIFY that this Minute Order, approving the Memorandum of Understanding (M.O.U.) between the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs, outlining the responsibilities for the design and construction of the Belardo Road Bridge and Roadway improvements, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 29« day of May, 2002.. PATRICIA A. SANDERS City Clerk ayl�