29 Palms Band of Mission Indians - Tribal Monitoring Eisenhower Drainage 2015-12Bta Q",ra
-- GEM ofthe DESERT —
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Julie Mignogna, Management Analyst
DATE: May 22, 2019
RE: Agreement for Contract Services not to exceed $25,000 with
Twenty -Nine Palms Band of Mission Indians to provide Tribal
Monitoring Services for the Eisenhower Drainage Project No.
2015-12B.
Attached for your signature is the agreement referenced above.
Please sign the attached agreement(s) and return to City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as a ro riate:
X Contract payments will be charged to account number: 401-0000-60108 15162T
X Amount of Agreement, Amendment, Change Order, etc.: Not to exceed $25,000.00
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
_ no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
Approved by the City Council on
X City Manager's signature authority provided under Resolution No. 2018-014 for budgeted expenditures
of $50,000 or less. This expenditure is $25,000.00 and authorized by Danny Castro, Design and
Development Director. [Council, Director, etc]
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The fallowing required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (approved by Risk Manager on date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number
X A requisition for a Purchase Order has been prepared (amounts over $5,000)
X A copy of this Cover Memo has been emailed to Finance (Sandra)
Revised May 2017
CONTRACT FOR MONITORING SERVICES
This Agreement is made on the U of � � , 2019. between Twenty -Nine Palms Bandof
Mission Indians ("Contractor"), its principle place of business is located at 46-200 Harrison Place and
the City of La Quinta, with principal place of business at 78-495 Calle Tampico, La Quinta, CA
92253.
1. Term of Contract. This Agreement is effective as of the date signed by the parties and
continues until the services provided for in the Agreement havebeen performed.
2. Services to be Performed by Contractor. The Contractor agrees to perform Native American
monitoring at the development site known as Eisenhower Drive Retention Basin, located on
APNs 658-170-015, 658-170-016, and 658-170-031 at the northwest comer of Eisenhower
Drive and Coachella Drive. Monitoring shall be undertaken to protect the Contractor's
cultural resources and human remains located on or under the project site, to ensure the
proper treatment of such cultural resources and remains, and to guarantee their long-term
preservation. The duties of the Native American monitor are in Exhibit A.
3. Per a predetermined agreement the Twenty -Nine Palms Band of Mission Indians will be
alternating Native American Monitoring services every other week with the Agua Caliente
Band of Cahuilla Indians. This systematic rotation will occur every other week. The Twenty -
Nine Palms Band of Mission Indians Tribal Historic Preservation Office will have to be
notified and consulted prior to any changes in the rotation schedule.
The Contractor will determine method, details, and means of performing the services
described above.
4. Status of Contractor Under Agreement. Contractor enters into this Agreement, and will
remain throughout the terms of the Agreement, as an independent contractor. Contractor
agrees that it is not and will not become an employee or partner of the City of La Quinta
while this Agreement is in effect. Contractor agrees that it is not entitled to the rights or
benefits afforded to employee status, including disability or unemployment insurance,
workers' compensation, medical insurance, sick leave, or any other employment benefit.
Contractor is responsible for providing, at its own expense, insurance, training, and any
permits or licenses needed to perform the services under this Agreement.
Compensation. In consideration for the services to be performed by Contractor, the
[Developer] agrees to pay Contractor a 15% administrative fee for the monitoring services
provided for under the Agreement. Contractor will be compensated at $ 80.00 an hour for
monitoring. In addition, the City of La Quinta shall pay $120 per day for per diem expenses
(meals, lodging and incidentals) and reimburse mileage costs at the federal mileage rate for
travel to and from the project site location. A 30-minute unpaid lunch period shall be
afforded to the Contractor. An overtime rate of $112.50 per hour will be applied to any
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time worked over 40 hours within a given work week. The Developer shall announce if
there is work stoppages at a minimum four hours before the scheduled start time. If there
are unannounced work stoppages or cancellation of scheduled work (i.e. cancellation of
work due to weather conditions) that are not due to the Tribal Monitor's actions the City of
La Quinta shall pay the Contractor a minimum half -day charge (fourhours).
Notwithstanding any provisions in this Paragraph 5 or elsewhere in this contract, in no
event shall the City of La Quinta have an obligation to pay an amount in excess of
Twenty -Five Thousand Dollars ($25,000) (the "Not To Exceed Amount") for the services
provided by Contractor hereunder.
The hourly rate shall apply only to those hours engaged in monitoring activities and shall
not apply to time spent in transit to or from the project site.
Contractor shall provide to the City of La Quinta a summary of services rendered at the end
of each calendar month. The Parties agree that the Tribe will invoice the Developer for the
services rendered. City of La Quinta shall pay the amount due to the Contractor within 10
days of receiving its invoice for services or be charged a late fee of 5% of the total invoice.
6. Obligations of Contractor. Contractor shall perform all monitoring work at the project
site.
Contractor will supply all tools, materials, and equipment required to perform the services
under this Agreement. It is the sole responsibility of Contractor to maintain appropriate
liability and accident .insurance, as determined in his discretion. The Contractor
understands that the City of La Quinta does not provide insurance on its behalf.
Contractor represents that it has the qualifications and skills necessary to perform the
services under this Agreement in a competent professional manner, without the advice or
direction of the City of La Quinta,
7. Obligations of the City ofLa Quinta]. the City of La Quinta agrees to comply with all
reasonable requests of Contractor necessary to the performance of Contractor's duties
under this Agreement and to comply with all provisions of this Agreement.
The Developer agrees to provide a schedule and construction plans for any
ground -disturbing activities a minimum of ten (10) working days prior to the specified
work commencing. For any rescheduling or interruptions of such activities, the Contractor
shall be provided with a minimum of twenty-four (24) hour notice before activities resume.
Termination of Agreement. This Agreement will continue until the services provided for in
this Agreement have been fully performed.
If either party defaults in the performance of this Agreement or materially breaches any of
its provisions, the non -breaching party may terminate this Agreement by giving written
notification to the breaching party. Such termination shall be effective 10 days after receipt
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of such written notification.
9. Proprietary Rights & Confidential Information. If buried cultural resources, such as
chipped or ground stone, historic debris, or building foundations are inadvertently
discovered during ground -disturbing activities, work shall cease in that area and within 100
feet of the find until a qualified archaeologist can assess the significance of the find and, if
necessary, develop appropriate treatment measures in consultation with Twenty -Nine -
Palms Band ofMission Indians Tribal Historic Preservation Officer and other appropriate
agencies.
In the event of discovery or recognition of any human remains on the site, there shall be no
further excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adj acent remains until the coroner ofRiverside County Coroner has been contacted,
per Section 7050.5 of the California Health and Safety Code. Further, consistent with
California Public Resources Code Section 5097.98(b), human remains
shall be left in place and free from disturbance until a final decision as to the treatment and
disposition has been made. Any further project -related activities shall take into account the
possibility of multiple burials.
Ifthe Riverside County Coroner determines the remains to be Native American, the Native
American Heritage Commission shall be contacted within twenty-four (24) hours. The
Native American Heritage Commission shall immediately identify the Most Likely.
Descendant(s) and notify them of the discovery. The Most Likely Descendant(s) shall
make recommendations within forty-eight (48) hours of being granted access to the site,
and engage in consultations with the landowner concerning the treatment of the remains, as
provided in California Public Resources Code Section 5097.98.
Contractor agrees to keep all information about the location of any human remains or
re -burials strictly confidential.
10. General Provisions. Any notices required under this Agreement can be given by personal
delivery or U.S. Mail to the addresses listed above.
Neither party may assign any duties or obligations under this Agreement without prior
written consent.
This Agreement supersedes any and all Agreements, either oral or written, between the
parties with respect to the rendering of services by Contractor for the City of La Quinta and
contains all the representations, terms, provisions and agreements between the parties with
respect to those services. Any modification of this Agreement will be effective only if in
writing signed by both parties.
11. Reciprocal Indemnification Obligations. Contractor agrees to defend, indemnify and hold
harmless the City of La Quinta 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
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or the negligent acts, errors, or omissions of the Contractor or its respective officers, employees,
agents, representatives, or contractors. The City of La Quinta agrees to defend, indemnify and
hold harmless the Contractor 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 onussions of the
City of La Quinta or its officers, employees, agents, representatives, or contractors.
12, Damages. Except as set forth in the next sentence, neither Party shall be liable to the other, in
any event, for any special, punitive, consequential, incidental, or other damages of any kind
whatsoever arising out of the work performed hereunder, whether arising in contract, tort, or
otherwise. Notwithstanding the preceding sentence, if the Contractor is the prevailing party by
a final judgment (including final decision on any appeal) from a judicial dispute in a court of
competent jurisdiction against the City of La Quinta for an action based on any claim arising
under this contract or based on tort or otherwise, the maximum award for any and all damages
that the Contractor may receive against the City of La Quinta shall be no more than the total
compensation that the Contractor is entitled to receive pursuant to Paragraph 5 of this
agreement. Nothing in tivs paragraph does or shall be deemed to waive or release the
Contractor from complying with any other applicable laws and regulations concerning the
award of monetary damages against the City of La Quinta.
13. This Agreement may be signed in counterparts with signature pages transmitted by email,
facsimile, personal delivery or overnight delivery, all of which will be treated as originals.
Executed this 10 day of ", 2019.
acre i ke, riba [ Chairman
my -Nine Palms Band of Mission Indians
APPROVE AS TO FORM:
William H. Ihrke, City Attorney
City of La Quinta.
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