HomeMy WebLinkAboutContract 1826 INTERGOVERNMENTAL
MEMORANDUM OF UNDERSTANDING
By and Between
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
and
THE CITY OF CATHEDRAL CITY
Regarding
TRIBAL TRANSPORTATION PROGRAM FUNDING FOR RESERVATION ROADS
THIS INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING("MOU")
is entered into this 28th day of August 2019, by and between the AGUA CALIENTE BAND OF
CAHUILLA INDIANS, a federally recognized Indian tribe, (the "Tribe") and the CITY OF
CATHEDRAL CITY, a California charter city (the"City").
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(the"Reservation"),acting through its duly
elected Tribal Council, subject to federal law; and
WHEREAS, the City, acting through its duly elected City Council, is a charter city,
established pursuant to the Constitution and laws of the State of California; and
WHEREAS,the Tribe receives funding through the federal Tribal Transportation Program
(TTP) via the Federal Highway Administration's (FHWA) Federal Lands Highway(FLH) Office
for the planning, design, construction, and maintenance of public roads that provide access to and
within the Reservation and serve the cultural, social, economic, and/or governmental needs of the
Tribe,hereinafter referred to individually as a"Reservation Road"and collectively as"Reservation
Roads"; and
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WHEREAS, the Tribe and the City desire to continue to work together in good faith to
complete the planning, design, and construction of Reservation Roads within the City; and
WHEREAS, only Reservation Roads that are listed in the official National Tribal
Transportation Facility Inventory (NTTFI) and included in the Tribe's Tribal Transportation
Improvement Program(TTIP) are eligible for TTP funding.
WHEREAS, attached to this MOU and incorporated herein by reference as Exhibit"A" is
a list of the Reservation Roads already included in the NTTFI that are eligible for TTP funding
during the term of this MOU.
II.
COMMITMENTS:
1. The City will continue to be responsible for planning, contracting engineering design
services, construction, and construction engineering and inspection services for those Reservation
Roads within the City that are designated in Exhibit "A" as being eligible for TTP funding. At
such times as City identifies a road project which it reasonably determined will benefit a
Reservation Road, it may submit it to the Tribe with a request for TTP funding pursuant to this
MOU. The Tribe will consider the road project and if it determines the road project to be eligible
for TTP funding, then the Tribe will not unreasonably refuse to add the road project to the TTIP
for FHWA administrative approval of funding, subject to the funding limits subject to Section II.
of this MOU.
2. The Tribe will make total payments to the City, as necessary from its annual TTP
funding allocations, of up to five million dollars ($5,000,000) over the term of this MOU. In the
event that TTP funding allocations are insufficient to meet this obligation,the Tribe and City will
enter into good faith negotiations to determine alternative funding methods. The Tribe's funding
commitment shall have an annual maximum cap of two million dollars ($2,000,000), for use
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toward the planning, design, and construction of Reservation Roads within the City that are listed
in the NTTFI and included the Tribe's TTIP, based on work performed and progress estimates
submitted to the Tribe.
3. The City will credit the Tribe the amount of TTP funds received toward Reservation
Roads designated on Exhibit "A" as advance payment for any Tribally recognized traffic
mitigation costs and/or fees associated with the development of Tribal projects as identified
through the appropriate environmental review process. Nothing in the Section is intended to entitle
the Tribe to credit against mitigation payments or other compensation the Tribe has paid or agreed
to pay City under that Intergovernmental Agreement dated August 28, 2019.
4. The City and the Tribe will enter into Subcontractor Services Agreement(s) and other
such other contracts or agreements as may be required to fulfill their respective commitments as
memorialized in this MOU, and as required by federal regulations for the use of TTP funding.
III.
GENERAL TERMS AND CONDITIONS:
1. Recitals. All of the above recitals are true and correct and the Tribe and City so find
and determine and incorporate such recitals as part of this MOU by this reference.
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. This MOU shall be approved by formal action of the City Council and the
Tribal Council.
4. Authority. The individuals signing this MOU warrant and represent that pursuant to
their respective governing laws,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
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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 on the date first set forth above.
6. Termination Date. This MOU shall remain in effect until all Reservation Road
project(s) identified in the NTTFI and TTIP located within the City are completed, or until
September 30, 2029, whichever is sooner.
IN WITNESS WHEREOF, the Tribe and the City hereto have executed this MOU as of the date
first written above.
"TRIBE"
Agua Caliente Band of Cahuilla Indians
A Federally-yaliallnitn Indian Tribe Approved as to Form
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John ' . .
Tn.r- oun airman General Counsel
"CITY"
City of Cathedral City, California
A California Charter City ATTEST
Mark evale Tracey Z! inez, ity Clerk
City Mayor
Approved as to Form
Eric S. Vail, City Attorney
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TRIBAL TRANSPORTATION PROGRAM FUNDING
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Reservation Roads
Agua Caliente Band of Cahuilla Indians
Boundary data in this map is for representation purposes only. ----. 5401 Dinah Shore Drive Palm Springs CA 92264
It does not cover questions of location which a survey map may disclose. Cathedral City Geospatial Information Services
(760)883-1911/Fax(760)883-1937
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