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 BRIDGE WIDENING PROJECT THIS INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this .2.ffl.day of fe-~tvo.r J , 2020, by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS, a federally recognized Indian tribe ("Tribe"), and the CITY OF CATHEDRAL CITY, a California municipal corporation ("City").
I.
RECITALS
WHEREAS, the Tribe 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 of the State of California; and WHEREAS, the Tribe receives funding through the federal Tribal Transportation Program ("TTP") via the Federal Lands Office ("FLH") of the Federal Highway Administration ("FHWA") for the planning, design, construction, and maintenance of public roads that provide access to and within the Reservation and to serve the cultural, social, economic, and/or governmental needs of the Tribe; and
WHEREAS, the Tribe and the City previously entered into that Intergovernmental Memorandum of Understanding regarding Project Contributions or the Ramon Road Bridge 1 Widening and the Vista Chino Roadway Resurfacing dated December 19, 2015 which provided TTP combined funding of up to $2,150,000 for those two projects ("2015 MOU"); and WHEREAS, the Vista Chino Roadway Resurfacing Project has been completed, but the Ramon Bridge Road Widening has not yet been completed and the Tribe and City desire to work together in good faith to complete the planning, design, and construction of the Ramon Road Bridge Widening Project (the "Project") and this MOU is intended by the Parties to supersede the 2015 MOU; and
WHEREAS, the transportat ion routes for the Ramon Road Bridge Widening designated for widening are listed in the official National Tribal Transportation Facility Inventory and are eligible for TTP funding; and
WHEREAS, in August of 2019 the Tribe and City, separately from the above described 2015 MOU, entered into that Intergovernmental Memorandum of Understanding regarding Tribal Transportation Program Funding for Reservation Roads ("Reservation Roads MOU") under which the Tribe agreed to make up to $5,000,000 of TTP funding available to City for work pertaining to Reservation Roads within the City and it is the intent of the Parties that any funding allocated and/or paid to City under
the MOU is separate from and is not to be counted or credited against the funding to be provided to City pursuant to the Reservation Roads MOU; II.
COMMITMENTS:
1. The City will be responsible for contracting engineering design services, construction, and construction engineering and inspection services for the Project.
2. The Tribe will make payments to the City from the TTP funding allocations it receives from the FHWA, up to $1,150,000 for use toward the design and construction of the Project, based on work performed and progress estimates submitted to the Tribe. The Tribe shall pay the undisputed portions of the City's proper invoices or request for payments within 30 days of receipt, and will promptly consult with the City to resolve any portions that may be in dispute. 2 3. The City will credit the Tribe the amount of TIP funds received toward the Project as advance payment for any Tribally -recognized traffic mitigation costs and/or fees associated with the development of Tribal projects as identified through the Tribal Environmental Policy Act process . The Parties agree that any TTP funds paid to City under this MOU, shall not be counted toward, credited against, or otherwise deducted from the $5,000,000 in TIP funds the Tribe has agreed to allocate to City pursuant to the Reservation Roads MOU.
4. The City and the Tribe will enter into Subcontractor Services Agreement(s) and other such 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 TIP funding .
Ill.
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 Tribal Council and the City Counc il.
4. Authority . The individuals signing this MOU warrant and represent that pursuant to their respective governing laws, constitut ions, 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 represent ative of the Secretary of the Interior under 25 U.S.C. section 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 the Project is completed, or until September 30, 2025, whichever is sooner.
3 [THE REMA INDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 4 IN WITNESS WHEREOF, the Tribe and the City hereto have executed this MOU as of the date first written above.
"TRIBE" "CIT'("
Agua Caliente Band of Cahuilla Indians, a City-of Cathedral City, a municipal corporation federally rec ze I · n · e
APPROVED AS TO FORM
APPROVED AS TO FORM
City Attorney
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