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Torres-Martinez Indians / Pre Excavation SR 2017 Torres Martinez Desert Cahuilla Indians Tribal Cultural Resource Program PPre-Excavation Agreement This Pre-Excavation Agreement (“Agreement”) is made and entered by and between the below-named parties (individually, “Party”; together, “Parties”). The Effective Date of this Agreement is _________________________, 2017. The Parties hereby agree as follows. I. PARTIES & NOTICES The Parties are the Torres Martinez Desert Cahuilla Indians (hereinafter “Tribe”) and the City of La Quinta, California, a municipal corporation (hereinafter “Owner”). All notices to be given by either Party shall be given by mailing the same, either by registered mail or certified mail, return-receipt requested, addressed to the other Party at the following respective address, or such other address as may from time to time be designated by the respective Party: TO TRIBE: Torres Martinez Desert Cahuilla Indians P.O. Box 1160 Thermal, CA 92274 Attention: Michael Mirelez, Cultural Resource Coordinator TO OWNER: City of La Quinta City Hall 78495 Calle Tampico La Quinta, CA 92253 Attention: City Manager II.SUBJECT MATTER AND PROJECT NAME AND LOCATION This Agreement concerns a project known as the SilverRock Temporary Fence (hereinafter "Project”). The Project is located in the City of La Quinta, Riverside County, California. The Project site is at SilverRock Temporary Fence Project, T6S0, R7E, Legal February 21 Description: APNs: 770-200-025, 220-260-031, 777-490-0001, 777-490-018, 777-490-0001, 777-060-018, 777-060-009, 777-060-008, and is more particularly described in Exhibit 1 attached hereto and made a part hereof. In the event that the Owner’s real property covers only a portion of the Project site, then the Owner’s portion is specifically identified in Exhibit 1. The terms and conditions of this Agreement apply to all of Owner’s real property at the Project site except to the extent otherwise expressly provided in Exhibit 1. Also set forth in Exhibit 1 is the application, if any, of this Agreement for activities conducted in Project areas for which the underlying real property is not owned by the Owner, and the contractual or other legal basis for the terms and conditions of this Agreement extending to such real property. The County Coroner’s Office for the location of the Project site will be provided a copy of this Agreement. III. PURPOSE The purpose of this Agreement is to formalize procedures for the treatment of Native American human remains, associated grave goods and Native American archeological, historical, and cultural resources (“cultural resources”) in the event that any are found in conjunction with the Project’s development. This Agreement applies to all phases of the Project, including, but not limited to, archaeological studies, investigations and data recovery; geological studies and investigation; excavation, grading, soil testing, trenching, grubbing, topsoil clearing and any other ground-disturbing activities at the Project site. This Agreement is entered into in furtherance of Owner’s interest in the development of the Project and the Parties’ respective interests in the protection of Native American cultural resources and Native American human remains and associated grave goods, consistent with all applicable laws, including but not limited to, the California Environmental Quality Act, California Public Resources Code § 21000 et seq.(“CEQA”), the Native American Historical, Cultural, and Sacred Sites Act, California Public Resources Code § 5097.9 et seq., and the Native American Historic Protection Resources Act, California Public Resources Code § 5097.993 et seq. This Agreement may be a condition or requirement of the Project and is essential for Project development. The Project must be carried out in accordance with applicable law. This Agreement does not serve as a release or waiver of legal rights and recourse, which are reserved. IV. CULTURAL AFFILIATION The Parties agree that the Project area consists of land which has been traced to and traditionally occupied by the Tribe. Any Native American human remains and associated grave goods found in conjunction with any ground disturbing activities relating to this Project will be treated in accordance with SECTION VIII of this Agreement. Any Native American cultural resources found will be treated in accordance with SECTION IX of this Agreement. Nothing herein, however, will be the basis for a claim of ownership of the real property, as distinguished from Native American human remains, associated grave goods, and cultural resources. V. PROTECTION OF SITES AND PROJECT AREA The Owner agrees that grading, excavation, soil testing, trenching, grubbing, topsoil clearing and any other ground-disturbing activities (together, “ground-disturbing activities”) relating to Project construction, pre-construction, site testing and other Project activities will be planned to avoid all known Native American grave and cultural resource sites (and such sites will be protected). Owner also agrees that no construction equipment will be stored or operated within the boundaries of any known Native American grave or cultural resource site. If mitigation other than avoidance and protection is to be utilized for any grave or cultural resource site, such site and mitigation is set forth in Exhibit 1. VI. MOST LIKELY DESCENDENT In the event that Native American human remains are found during development of this Project, it is understood by the Parties that the determination of Most Likely Descendent (“MLD”) under California Public Resources Code § 5097.98 will be made by the Native American Heritage Commission (“NAHC”) upon notification to NAHC of the discovery of human remains of Native American origin at the Project site. Until that time, the Tribe does not guarantee, and cannot know with certainty, that the Tribe, or one of its members, will be so named. The Tribe believes that when and if such human remains are discovered at the Project site, given the location of the site and the history and pre-history of the area, a member of the Tribe will be named MLD. If the MLD is a member of the Tribe, that person will be the person designated by the Tribe (and concurred with by the NAHC designation) or otherwise designated by the NAHC. Should it be determined by the NAHC that a member of an Indian Tribe other than the Tribe is the MLD, the provisions of this Agreement will not apply in relation to the treatment of the discovered Native American human remains for which a member of an Indian tribe other than the Tribe is designated MLD. In such an event and unless otherwise agreed to in writing by the Parties, this Agreement, including the provisions of Exhibit 1, will continue in full force and effect, except in relation to the discovered Native American human remains that are associated by a NAHC MLD designation to another Indian tribe. VII. COORDINATION WITH THE COUNTY CORONER OFFICE The Owner shall immediately contact the County Coroner, the Lead Agency, the developer, any Project coordinator, the Torres Martinez Desert Cahuilla Indians Tribal Resources Coordinator/Planning Director, the Tribal contact separately designated to receive notices under this Agreement, and the local city and county government in the event that any human remains are discovered during any stage of the implementation of the Project. The Owner shall request that the County Coroner provide notification to the NAHC of Native American human remains as required by California Health and Safety Code § 7050.5 and as referenced by California Public Resources Code § 5097.98(a). VIII. TREATMENT AND DISPOSITION OF REMAINS In the event Native American human remains are found during development, and the Tribe, or a member of the Tribe, is determined to be the MLD, the following provisions will apply: 1. The MLD shall be allowed, consistent with California Pubic Resources Code § 5097.98, to: A. Inspect the site of discovery, and B. Make recommendations as to the appropriate treatment and disposition of the Native American human remains and associated grave goods. The MLD shall complete the inspection and make recommendations within forty-eight (48) hours of being granted access to the site. Upon the discovery of Native American human remains, the Owner shall ensure that the area where the human remains are located and the immediate vicinity, based on generally accepted cultural or archeological standards or practices, are not damaged or in any way disturbed by further development activity until a decision in accordance with this Agreement, California Pubic Resources Code § 5097.98, and other applicable law and applicable Project permitting conditions, is made and carried out with respect to the treatment of the Native American human remains and any associated grave goods. In the event that a Native American monitor reasonably believes that a site with Native American human remains is discovered, the monitor may call a work stoppage in the immediate area until a determination can be made and the requirements of this Agreement, applicable law, and relevant conditions relating to the permitting and approval of the Project are carried out. 2. The Owner shall make its best efforts to comply with and carry out the MLD recommendations consistent with applicable law. In the event that the Owner determines not to comply and carry out one or more of the MLD recommendations, the Owner will offer to immediately meet and confer with the MLD and the Tribe, and the Owner will also provide the Tribe with a written document setting forth the Owner’s position as to how the Owner’s planned action relating to the discovered Native American human remains is consistent with this Agreement, the Native American Historical, Cultural, and Sacred Sites Act, the Native American Historic Resources Protection Act, the California Environmental Quality Act (as applicable), and any relevant conditions relating to the permitting and approval of the Project. The Tribe may seek recourse under applicable law. 3. In the event of discovery of multiple Native American human remains, the Owner agrees to consult with the Tribe regarding appropriate treatment of the remains. Culturally appropriate treatment of such remains may be ascertained, in part, from a review of the site using cultural and archeological standards. 4. The Parties agree to discuss in good faith what constitutes “appropriate dignity,” as that term is used in the applicable statutes and in the customs and traditions of the Tribe. Reburial of the remains will comply with California Public Resources Code § 5097.98(a) and (b) and any other law, rule, or ordinance of any governing agency with jurisdiction over the Project site. The Parties agree that the Tribe will have the final determination as to the disposition and treatment of human remains and associated grave goods; however, such determination will not include preservation in-place or the designation of additional open space unless agreed to by the Owner. 5. The Parties are aware that the Tribe may wish to rebury the Native American human remains, associated grave goods, or cultural resources, if any are discovered, on or near the site of their discovery, in an area which will not be subject to future disturbances or development over a prolonged period of time. The Owner agrees to allow on-site reburial, subject to compliance with all applicable laws, rules, or ordinances of any governmental agency with jurisdiction over the Project site. Prior to any reburial, the Owner and the Tribe will identify a mutually acceptable area of the Project for reburial. Any and all permits, authorization or approvals for reburials will be at the Owner’s expense. 6. The term “human remains” encompasses more than human bones, because the Desert Cahuilla traditions call for the ceremonial burning of human remains and animals. Ashes, human remains and associated grave goods, including, but not limited to, animal bones and other remnants from burning ceremonies found with human remains, are to be treated in the same manner as human bones or human bone fragments that remain intact. Owner agrees to include in any contracts or agreements for archaeological and related services the obligations to cooperate and comply with the terms and conditions of this Agreement, and, as may be necessary, the Owner shall cooperate in enforcing the terms and provisions of such contract or agreement that bind the archeologist or other professionals to comply with this Agreement. Should any person or entity other than the Tribe possess the remains, even temporarily, such person or entity shall request permission from the Tribe to conduct any testing beyond taking measurements, documenting the find, and cataloging. 7. Nothing in this section or in this Agreement is intended to, or is to be construed to, limit application of, or preclude compliance with, any provisions of the Native American Historical, Cultural, and Sacred Sites Act or other applicable law. In addressing the discovery of Native American human remains the Owner must comply with applicable law, including but not limited to, Public Resources Code § 5097.98. IX. TREATMENT OF CULTURAL RESOURCES In the event that the Tribe or a member of the Tribe is identified as MLD, or in the absence of an MLD designation and in the event that Native American cultural resources relating to the Tribe (as determined by the Tribe) are discovered in the development of the Project, the treatment of the cultural resources will reflect the traditional religious beliefs and practices, cultural practices, and customs of the Tribe, and the following provisions will apply: Except as expressly prohibited by applicable laws, rules, regulations or ordinances of any governmental agency with jurisdiction over the Project or unless otherwise mandated by a court or agency of competent jurisdiction, Owner agrees to return all Native American cultural resources discovered at the Project site to the Tribe for appropriate treatment, subject to limited archaeological cataloging as described below. The cultural resources shall be returned to the Tribe for its care and disposition at the Tribe’s total discretion. The Owner waives any and all claims to ownership of Native American cultural resources in favor of the Tribe. If temporary possession of cultural resources by any entity or individual other than the Tribe (for example, an archaeologist retained by the Owner) is necessary for environmental review mitigation purposes as mandated by applicable law, that entity or individual shall not possess those cultural resources for longer than is reasonably necessary. Owner’s archaeologist shall maintain contact with the Tribe’s designated representative regarding the status and progress of the cataloging of any cultural resources found. Owner shall request its archaeologist to catalog all found resources in a prompt manner. The cultural resources shall be returned under provisions of this paragraph within 20 days of the completion of cataloging. The Tribe shall be provided with a copy of the Archaeological Reports and list of artifacts prepared for the Project and shall be afforded the opportunity to comment on such report before it is finalized. Upon the discovery of Native American cultural resources, the Owner shall ensure that the area where the cultural resources are located and the immediate vicinity, based on generally accepted cultural or archeological standards or practices, are not damaged or in any way disturbed by further development activity until a decision in accordance with this Agreement, applicable law and Project permitting conditions is made and carried out with respect to the treatment of the Native American cultural resources. In the event that a Native American monitor reasonably believes that a site with Native American cultural resources is discovered, the monitor may call a work stoppage in the immediate area until a determination can be made and the requirements of this Agreement, applicable law, and relevant conditions relating to the permitting and approval of the Project are carried out. Owner agrees to include in any contracts or agreements for archaeological services, developer services, construction services, and other services performed in connection with the development of the Project provisions that bind the contracting parties to comply with the terms and conditions of this Agreement relating to Native American human remains, associated grave goods, and Native American cultural resources, and compliance with all applicable law, including, but not limited to, returning cultural resources to the Tribe and observing the treatment and disposition of Native American human remains and associated grave goods as set forth in this Agreement. X. NON-DISCLOSURE OF LOCATION OF REBURIALS It is understood by the Parties that unless otherwise required by law, the site of any reburial of Native American human remains, any associated grave goods, and any Native American cultural resources shall not be disclosed by Owner, or by any third party including, but not limited to, those contracted by Owner, except as may be necessary for the future protection and maintenance of the area by successors-in-interest to the real property. The Parties agree that any Native American sites located on the Project site are exempted from the public disclosure requirements of the California Public Records Act, and for this reason Owner will ask the County Coroner to withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code § 6254(r). The Parties agree that the Tribe may disclose the location of Native American sites, including, but not limited to, the location of reburials, to Tribal members, officers, employees, and agents as deemed necessary by the Tribe. I. WORK STATEMENT FOR NATIVE AMERICAN MONITORS The description of work for Native American monitors in relation to archaeological or geological investigationsand ground-disturbing activities at the Project site is attached hereto as Exhibit 1, which is incorporated herein. Among other things, Exhibit 1 specifies the area over which monitoring will be conducted, the size of the monitoring crew, the powers of the monitoring crew, and provisions for compensation of the Native American monitors. As specified in Exhibit 1, one or more Native American monitors must be present at the Project site during all archaeological and geological investigations and ground-disturbing activities, and such work may not commence or be conducted without a Native American monitor present. As provided for in this Agreement, Native American monitors have the power to halt Project work at the location of a Native American grave or cultural resource site as necessary to carry out the terms of this Agreement. XII. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the heirs, successors, representatives, executers, administrators, and assigns of the Parties, including subsequent land owners of the Project site, and to any person or entity obligated to comply with environmental and cultural/archaeological protection laws applicable to the Project. XIII. INDEMNITY & LIMITATIONS OF TRIBAL LIABILITY Tribe agrees to defend, indemnify and hold harmless the Owner and its respective officers and employees from and against liability for all claims, losses, damages, costs, and expenses, including reasonable attorneys’ fees, to the extent such claims, losses, damages, costs, and expenses are caused by the intentional misconduct or the negligent acts, errors, or omissions of the Tribe or its respective officers, employees, agents, representatives, or contractors. Owner agrees to defend, indemnify and hold harmless the Tribe and its respective officers, employees, agents, members, and representatives from and against liability for all claims, losses, damages, costs, and expenses, including reasonable attorneys’ fees, to the extent such claims, losses, damages, costs, and expenses are caused by the intentional misconduct or negligent acts, errors, or omissions of Owner or its officers, employees, agents, representatives, or contractors. Notwithstanding anything to the contrary, including, but not limited to, any indemnity provision, under no circumstances will the Tribe be liable for any claims, losses, damages, costs, or expenses, including reasonable attorneys’ fees, of Owner or third parties contracted by Owner arising from or attributable to the failure of any Native American monitor to report to the Project site or arising from or attributable to work stoppages or delays or Project changes or amendments caused by Native American monitor(s) or resulting from application of the terms and conditions of this Agreement, or with respect to any intentional act or negligent act, error, or omission of any Native American monitor. Any liability of the Tribe under this Agreement, including, but not limited to, any indemnity, will be limited to, and capped at, the amount of the administrative fees paid by Owner to the Tribe pursuant to Exhibit 1. Under no circumstances, including, but not limited to, the type of damages arising in connection with an indemnification requirement, will the Tribe be liable for indirect, special, consequential, punitive, or any damages other than direct damages. Tribal officers, employees, agents, members, and representatives will not be subject to any liability arising from this Agreement. XIV. SEVERABILITY If any provision of this Agreement is held invalid, the same will not affect the validity of the remainder of this Agreement so long as the original intent of the Parties remains. XV. COMPLIANCE WITH APPLICABLE LAWS In the development of the Project, Owner (and its officers, employees, representatives, contractors, and agents) shall comply with all applicable laws, including, but not limited to, the California Environmental Quality Act, California Public Resources Code § 21000 et seq., the Native American Historical, Cultural, and Sacred Sites Act, California Public Resources Code § 5097.9 et seq., and the Native American Historic Protection Resources Act, California Public Resources Code § 5097.993 et seq., and shall comply with applicable rules, regulations, ordinances, and orders of governing agencies or bodies with jurisdiction over the Project. Nothing in this Agreement is intended to, or shall be construed to, excuse Owner or any third party, including, but not limited to, a Lead Agency for CEQA purposes, from its obligations under applicable law. XVI. NO PRECEDENT This Agreement is unique to the Project and it does not set precedent for other projects. XVII. COUNTERPARTS This Agreement may be executed in counterparts, each of which will be deemed an original and together will constitute but a single instrument. XVIII. MISCELLANEOUS No waiver by either Party of a breach of any condition, term or provision of this Agreement will be deemed to be a waiver of any preceding or subsequent breach of the same or any other condition, term of provision. This Agreement contains all of the agreements, understandings, and representations of the Parties and supersedes all prior oral and written agreements, understandings, or representations between the Parties with respect to the subject of this Agreement. This Agreement shall not be construed for or against either Party. The Parties agree to execute such other and further instruments and documents as are or may become reasonably necessary or convenient to effectuate and carry out the purposes of this Agreement. This Agreement, including the exhibits hereto, may only be amended in writing approved by the Parties. Any delay or failure to perform by either Party shall be excused if and to the extent caused by the occurrence of a force majeure. This Agreement shall not be deemed to create a partnership, agency, joint venture, or other similar arrangement between the Parties, and the employees, agents, or representatives of one Party shall not be deemed to be employees, agents, or representatives of the other Party. All provisions of this Agreement that by their nature are intended to survive the termination of this Agreement, including, but not limited to, the terms set forth in Sections X and XIII, shall survive. IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement as of the Effective Date. Tribe By: Date: �' /• Print Name:. Owner: CITY OF LA QUINTA, CALIFORNIA M Digitally signedby Frank J.Spevacek DN: serialNumber=g8z17znOv50w4d3x, [=Qs, St-Caliinrnla, l=La Quinta,—Frank J. Spevacek, cn=Frank J. Spevacek Date: 2017.022115:41:36-08'00 Date: 02/21/2017 Print Name: Frank J. Spevacek, City Manager ATTESTATION TO CITY MANAGER'S SIGNATURE: �. hLX� Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement as of the Effective Date. Tribe By:____________________________________Date:__________ Print Name: _____________________________ Owner: CITY OF LA QUINTA, CALIFORNIA By:____________________________________Date:__________ Print Name: Frank J. Spevacek, City Manager ATTESTATION TO CITY MANAGER’S SIGNATURE: ______________________________________ Susan Maysels, City Clerk APPROVED AS TO FORM: _______________________________________ William H. Ihrke, City Attorney ___________________________________________________________________ William H Ihrke City Attorney Digitally signed by Frank J. Spevacek DN: serialNumber=g8z17zn0v50w4d3x, c=US, st=California, l=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek Date: 2017.02.21 15:41:36 -08'00' EXHIBIT 1 Project Name NATIVE AMERICAN MONITORING FOR GRADING AND ALL GROUND DISTURBING ACTIVITIES I. SPECIFICATIONS Given the sensitivity of the archeological sites, Native American human remains, associated grave goods, and Native American cultural resources located at, or that may be located at, the Project site, the Project conditions of approval and/or this Pre-Excavation Agreement require Native American monitoring during the Projects’ ground disturbing activities within the boundaries of the Project area. A Native American monitor (or more than one monitor if otherwise provided) must be present at the Project site during all archaeological and geological investigations and ground-disturbing activities, and such work may not commence or be conducted without a Native American monitor present. While exercise of this power is unlikely, the Native American monitors are empowered to temporarily stop or, in consultation with Owner or Owner’s developer or other designee and with any Project archeologist or similar professional, if any, relocate ground disturbing activities from the immediate area of a cultural resources find, allowing the Project activities to continue within the remainder of the Project. Any stops or relocations of the Project activities by the Native American monitors shall be (i) coordinated with the onsite Project superintendent and (ii) shall be only as long as reasonably necessary . After concurrence is obtained from the Torres Martinez Desert Cahuilla Indians Tribal Resources Program Representative, Project work in the stoppage area may not resume until the Native American monitor has had the opportunity to review the find and discuss it with the Tribal Cultural Resources representative. The Parties acknowledge that nothing in this Agreement lessens their obligations under the Public Resources Code and other applicable law and Project permitting conditions and requirements. Owner acknowledges that Native American monitors are not necessarily professional archeologists or anthropologists, and Owner further acknowledges that Owner may separately be required to provide archeological or other professional observation and other services by qualified professionals as part of the Project development. Unless otherwise consistent with applicable law, rules, and regulations, and with permit conditions and requirements, a qualified Project archeologist or other professional will conduct controlled excavation for evaluation of discovered cultural items and will be responsible for recovery of artifacts and excavation, and related collection and mapping. Native American monitors will coordinate with any designated Project archeologist and other similar professionals with respect to discovered Native American human remains, associated grave goods, and cultural resources. Regarding grading activities, a pre-grading conference shall be held with the Tribal Cultural Resources Coordinator/Planning Director and the City of La Quinta, County of Riverside to clarify Native American monitoring specifications with the grading contractor and/or Project manager, and with the grading Inspector of the jurisdiction in which the Project site is located. The Tribe or its designated representatives shall be invited to participate in this conference with advance written notice. In a similar way the Tribe will be invited to attend other meetings relating to Project activities that relate to archaeological studies, investigations and data recovery; geological studies and investigation; and ground-disturbing activities. In addition to the Native American monitors, the Owner shall provide any archaeological and related observation and other services, as specified in the EIR or other CEQA documentation, if applicable. The Native American monitor shall assist, and be consulted in connection with identifying and/or ascertaining the significance of any subsurface Native American human remains, associated grave goods, and cultural resources (in consultation with the Tribal Cultural Resource Coordinator/Planning Director). II. PROJECT TO BE MONITORED Monitoring shall occur within SilverRock Temporary Fence Project, T 6 S 0, R 7 E, Section___ Legal Description: APNs: 770-200-025, 220-260-031, 777-490-0001, 777-490- 018, 777-490-0001, 777-060-018, 777-060-009, 777-060-008, City of La Quinta, Riverside County, State of California. Name of owner of real property on which monitoring will occur: City of La Quinta, California. If monitoring will not cover the entirety of the Project site, check the following box and provide a detailed explanation: Ƒ ________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ If any Native American grave or cultural resource site on the Project site will involve mitigation other than avoidance and protection of the site, check the following box and provide a detailed explanation: Ƒ ________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ It is agreed that the monitoring will be allowed for all archaeological or geological investigations, excavation, grading, soil-testing, trenching, grubbing, topsoil clearing, and ground-disturbing activities occurring in the development, within the site area noted above. Such activities may not be undertaken without the on-site presence of the Native American monitor(s). III. PROJECT CREW SIZE & OTHER MONITOR MATTERS The Parties to this Pre-excavation Agreement anticipate the need for a Native American monitoring crew consisting of 1 person, which will be paid for by Owner. The Project Coordinator, if designated by the Owner, the Owner, or other Owner designee will ensure that Native American monitors, in the number and locations agreed to, are present to monitor all Project activity involving archaeological studies, investigations and data recovery; geological studies and investigation; and ground-disturbing activities. Native American monitors will be provided up-to-date work schedules and will be notified of any planned ground-disturbing activities one week in advance. If the scope of the work changes to require additional Native American monitors (e.g., simultaneous grading in multiple areas or discovery of a new cultural resource or archaeological site), the Owner will be responsible for compensation of the additional monitors and ensuring the presence at the Project site of those monitors prior to commencement of the additional work. Any additional monitoring will be subject to the same terms and conditions, including compensation, as set forth herein. If Native American human remains are found, coordinating the reburial of those remainsand associated grave goods will be conducted in accordance with the terms and conditions of this Pre-Excavation Agreement and applicable law. On behalf of the Tribe, the Torres Martinez Desert Cahuilla Indians Tribal Cultural Resource Coordinator/Planning Director, or other Tribal designee, will act as contact point for Owner for referral of appropriate Native American monitor(s) for the Project, i.e., monitors familiar with the cultural resources of the area. All Native American monitor(s) shall be independent contractors and not employeesor representatives of Owner. Owner shall contract directly, and have an independent relationship with the Native American monitors, and such monitors must be acceptable to the Tribe. The Native American monitors will be given wide access of the Project site as necessary for purposes of conducting the monitoring, and Owner will make arrangements for monitors to be briefed on safety issues at the Project site as well as the general nature of the work being performed. Monitors will be expected to comply with all health and safety laws and regulations, including posted or otherwise provided on-site job rules and regulations. The Owner shall provide compensation to each Native American monitor at the rate of $80.00 per hour and each monitor shall be reimbursed for reasonable out-of-pocket expenses, including reimbursement for reasonable and documented mileage at the current federal mileage rate. If a Native American monitor is not needed on the job site, it is the responsibility of Owner to inform the monitor and the Tribe’s cultural resources staff or other designee; failure by Owner to do so will result in a 4 hour show up time to be charged to the Owner and paid to the monitor if the monitor shows up on the job site. Unannounced work stoppages of Native American monitors, which are not due to actions of the Tribe or of the Native American monitors and are work stoppages not scheduled 48 hours or more in advance, will also be subject to a fee of $200.00 per occurrence. A fee of $500 per occurrence (and per day) will be paid by Owner if the MLD is called out to, or is needed at, the Project site in accordance with this Agreement, provided that the MLD is the Tribe or a member of the Tribe. The Parties agree that the Native American monitor(s), in their capacity as such, are not employees, representatives, agents, or independent contractors of the Tribe or of any department, entity, or agency of the Tribe. The Native American monitor(s) will work as independent contractors hired by the Owner. The Tribe, as a service, will provide payments to the monitor(s) for their monitoring work and related expenses; the funds for such payments and reimbursements will consist solely of payments received by the Tribe from the Owner. A 25% administrative fee payable to the Tribe (or Tribal department specified by the Tribe), will be assessed on each invoice. The Tribal Cultural Resource Program Representative will invoice Owner no more frequently than once a week, and shall include with such invoice a complete time record for the Native American monitor(s), showing the site(s), date(s), and hours of actual monitoring and including documented costs for reimbursement. Owner will pay all invoices within 15 business days. Delay in payment of invoices may be viewed as “non-compliance” with this Agreement, and may lead to the coordination of halting the Project. To avoid such actions, the Owner shall make the proper preparations ahead of time. All checks shall be made payable to: Torres Martinez Desert Cahuilla Indians/Cultural Resources or as otherwise specified by the Tribe.