HomeMy WebLinkAboutContract 1487c-1487 ORIG INAL
INTERGOVERNMENTAL
MEMORANDUM OF UNDERSTANDING
By and Between
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
and
THE CITY OF CATHEDRAL CITY
Regarding
PROJECT CONTRIBUTIONS FOR THE
RAMON ROAD WEST IMPROVEMENTS PROJECT
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THIS INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING
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( "MOU ") is entered into this D " � - day of :bPeff gam- , 2010, by and between the
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AGUA CALIENTE BAND OF CAHUILLA INDIANS, a federally recognized Indian tribe, °
(the "Tribe ") and the CITY OF CATHEDRAL CITY, a municipal corporation p rp (the City ). I
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RECITALS
WHEREAS, the Agua Caliente Band of Cahuilla Indians is a Federally -
recognized Indian Tribe governing itself according to a Constitution and By -Laws and
exercising sovereign authority over the lands of the Agua Caliente Indian Reservation i
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(Reservation), acting through its duly elected Tribal Council, subject to Federal law; and
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WHEREAS, the City, acting through its City Council (the "City Council "), is a
political subdivision of the State of California, established pursuant to the Constitution of
the State of California; and
WHEREAS, the Tribe and the City desire to work together in good faith to
complete the construction of the Ramon Road West Improvements Project (Project), a
Capital Improvement Project for the City; and
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WHEREAS, the transportation route designated for widening and improvements
is listed in the Tribe's Indian Reservation Roads (IRR) Inventory and is eligible for IRR
funding; and
WHEREAS, the IRR Program is jointly administered by the Bureau of Indian
Affairs (BIA), and the Federal Highway Administration's (FHWA) Federal Lands
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Highway (FLH) Office; and
WHEREAS, the Tribe will make a contribution of up to $2,300,000 from its Fiscal
Year (FY) 2010 IRR Allocation towards the design and construction of the Project; and
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WHEREAS, upon the City's receipt of the above mentioned contribution, the
Tribe will have fulfilled the requirements of Mitigation Measure T1 in the Agua Caliente
Casino (ACC) Expansion Environmental Impact Statement (EIS).
ROAD:
1. The Project will consist of improvements to Ramon Road from Date Palm
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Drive to Landau Boulevard. i
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2. Improvements include pavement rehabilitation and reconstruction, signal
synchronization, median improvements, landscaping and drainage facilities to reduce
nuisance water, and all work will be within existing Rights -of -Way.
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CITY'S RESPONSIBILITIES:
1. The City will be responsible for contracting engineering design services and u
construction engineering and inspection services.
2. The City will prepare or cause to be prepared the necessary California
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Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA)
documents required for the Project to comply with applicable State and Federal
requirements. {
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3. The City will provide the Tribe Project Plans, Specifications, and Estimates
(PS &E) certified by a California State Professional Licensed Civil Engineer, and
documentation stating that the PS &E comply with all applicable federal and /or state
health and safety requirements.
4. The City will conduct advertising and bidding for Project construction.
5. The City will coordinate the Project with the Tribe, and will submit completed
documents as necessary for the work noted above.
6. The City will credit the Tribe the amount of IRR funds received towards the
Project, less the value to construct the requirements of Mitigation Measure T1 in the
ACC EIS, as advance payment for any Tribally recognized traffic mitigation costs and /or
fees associated with the development of Tribal Trust projects as identified through the
Tribal Environmental Policy Act (TEPA) process.
TRIBE'S RESPONSIBILITIES:
1. The Tribe will coordinate the Project with the City, and will submit completed
documents to FHWA as necessary for the work noted above.
2. The Tribe will submit the certified PS &E to FHWA prior to issuing a Notice to
Proceed to the City for the actual construction of the Project.
3. The Tribe will make payments to the City from its FY 2010 IRR Tribal
Allocation, up to $2,300,000, for use toward the design and construction of the Project,
based on work performed and progress estimates submitted to the Tribe.
GENERAL TERMS AND CONDITIONS:
1. Recitals. All of the above recitals are true and correct and the Tribe and City
so find and determine.
2. Modifications. This MOU may only be modified in writing, signed and duly
approved by both the Tribal Council and the City Council.
3. Approval. The City shall approve this MOU by passage of a duly adopted
resolution of the City Council and the Tribe shall approve this MOU by passage of a
duly adopted resolution of the Tribal Council. Both resolutions shall be subject to the
prior review and approval "as to form" by both the Tribe's legal counsel and the City's
legal counsel prior to approval "as to content" by the respective Councils.
4. Authority. The individuals signing this MOU warrant and represent that
pursuant to their respective constitutions and /or bylaws they have the full power and
authority to enter into this MOU and fully perform in accordance with the terms hereof,
and the Tribe and the City acknowledge that their respective legal counsels have
advised that this MOU is not subject to approval of the authorized representative of the
Secretary of the Interior under 25 U.S.C. §81.
5. Effective Date. This MOU shall take effect upon its execution.
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IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed as of the date first written above.
AGUA CALIENTE BAND OF CAMILLA INDIANS
Approved as to Form
Tribal Attorney
Approved as to Form
City Attorney
"TRIBE"
Agua Caliente Band of Cahuilla Indians
M erally-Recognized Tribe
rlbal Council Chairman, Richard M. Milanovich
"CITY"
City of Cathedral City, California
A Mun!pfl)al Corporation ATTEST
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l athl n D " a, Mayor P Hamme City C�