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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 i i THIS INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING p�� � i ( "MOU ") is entered into this D " � - day of :bPeff gam- , 2010, by and between the 1 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 I. 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 l (Reservation), acting through its duly elected Tribal Council, subject to Federal law; and i 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 f t 3 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 i 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 F 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 I Drive to Landau Boulevard. i i 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. i 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 A Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents required for the Project to comply with applicable State and Federal requirements. { r z i �n I 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. ---_� 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 r l athl n D " a, Mayor P Hamme City C�