2021/09/20 Soboba Band of Luiseno Indians Cultural Resource Monitoring AgreementL#uL,uoi 11 CI ivwu is IU. JMOO I LetD-r-rua-+uo-+-MJUf -UUU f %,o"! o'tu f
SOBOBA BAND OF LUISENO II\DIANS
P.O. BOX 487, SAN JACINTO, CA 92581
CULTURAL RESOURCE MONITORING AGREEMENT
This CULTURAL RESOURCE MONITORING AGREEMENT ("Agreement")
is made and entered into as of September 20 , 2021, by and between SOBOBA
BAND OF LUISENO INDIANS, a federally recognized Indian tribe ("Soboba Band")
and the CITY OF MENIFEE ("Developer") (Soboba Band and Developer are sometimes
referred to individually as a "Party," and collectively as the "Parties").
RECITALS
A. Subject Matter: This Agreement concerns a Project located within the
City/County of Menifee owned by Developer, commonly referred to as the Holland Road
/ I-215 Overpass, CIP 13-03 (hereinafter referred to as the "Project") and as more
particularly described in Attachment I to this Agreement. The CITY OF MENIFEE shall
be referred to herein as the "Lead Agency."
B. Purpose: The purpose of this Agreement is to formalize procedures for tribal
monitoring by the Soboba Band of Luiseno Indians during ground disturbing activities.
The description of work. Description of work for monitors for the grading and
ground disturbing activities at the Project site is provided in Attachment II to this
Agreement and incorporated herein by this reference. Section I of Attachment II specifies
the duties and responsibilities of the identified tribal monitoring crew and other specified
parties. Section II of Attachment II identifies the geographical area over which the tribal
monitoring crew shall oversee and Sections III and IV of Attachment II mandate direct
compensation of the tribal monitoring crew by THE CITY OF MENIFEE.
Limitation on Scope. This Agreement is unique to the Project only and does not
set a precedent for other projects.
Counterparts. This Agreement may be signed in two or more counterparts and
shall be effective when all the Parties and signatories have affixed their signatures to two
or more of the counterparts and the counterparts have been delivered to all Parties, at
which time the counterparts together will be deemed one original document.
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9/22/2021
Date: (September , 2021) SOBOBA BAND OF LUISESO INDIANS
20
Date: (September , 2021)
Representative
Attest:
C.So-
nra�. Q. MaaAtyariwD
a BH"°1�-manwanng, City Clerk
Approved as to Form:
e reyTa'Melching, City Attorney
oogousgia'nL.alby:
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By: Isaiah Vivanco, Tribal Chairman
Soboba Band of Luiseno Indians
CITY OF MENFIEE (Developer)
oo��s�e�ae ep
rman"W'G. Villa, City Manager
Billing Contact & Associated Information:
Name: Finance Department
Address: 29844 Hann Road.
Menifee. CA 92586
Phone Number: 951-672-6777
Email Address:
accountspayable@cityofinenifee.us
ATTACHMENT I
HOLLAND ROAD(I-215 OVERPASS
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Attachment II
NATIVE AMERICAN MONITORING OF GRADING AND GROUND
DISTURBING ACTIVITIES
I. Specifications
Given the nature and sensitivity of the archaeological sites and cultural
resources that are in or may be within the Project area, the Soboba Band of
Luiseno Indians shall provide the tribal monitoring, consultation and
facilitation for this project during the archeological investigations, and all
ground disturbing activities for the Project. Tribal monitors will work in
coordination with the Developer's designated onsite representative. The
Native American monitors will be empowered to halt all earthmoving
equipment in the immediate area of discovery when cultural items or features
are identified until further evaluation can be made in determining their
significance. It is understood that all surface and subsurface artifacts of
significance shall be collected and mapped during this operation following
standard archaeological practices.
After discovery of cultural items or features discussions will take place to
determine the significance of the situation and best course of action for
avoidance, protection of resources or data recovery as applicable.
II. Project to be Monitored
Monitoring shall encompass the area known as Holland Road / I-215
Overpass, CIP 13-03 as indicated in Recital A and Attachment I of this
Agreement, and shall be known as the Project area. It is agreed that
monitoring shall be allowed for all archaeological studies, excavations, and
ground disturbing activities occurring in conjunction with the development of
the Project.
III. Project Crew Size
The parties to this Agreement anticipate the need for a tribal monitoring crew
initially consisting of one (1) person. The Developer's agrees to designate an
onsite representative, who will be responsible for signing the tribal monitor's
daily activity log at the close of each work day. If the scope of the work
changes (e.g. inadvertent discoveries of cultural resources or simultaneous
grading to require additional monitors, THE CITY OF MENIFEE to directly
compensate the work of additional tribal monitors to the originally agreed
upon crew (1) tribal monitors. The compensation rate shall be made directly
from THE CITY OF MENIFEE to the Soboba Band of Luiseno Indians.
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The Developer agrees to provide the Soboba Band of Luiseno Indians a
minimum forty-eight (48) hour advance notice prior to the commencement of
ground disturbing activities. Landowner will be subject to a $1000 fee, for
ground disturbing activities completed without the oversite of a Soboba Tribal
Monitor, and without prior notification to the Soboba Band of Luiseno
Indians.
IV. Compensation
The Soboba Band shall provide the tribal monitoring crew for this project be
responsible for coordinating the tribal monitors' activities on this Project. The
Soboba Band recognizes that dangerous conditions may exist on the work site,
particularly during grading operations, and agrees to assume responsibility for
the safety of the tribal monitoring crew while the crew remains on the Project
site. The Soboba Band possess full coverage insurance for the tribal monitors.
(Provided upon request)
THE CITY OF MENIFEE shall directly compensate the Soboba Band of
Luiseno Indians in accordance with the following compensation rates and
procedures. Invoice will be submitted on a monthly and be paid within 30
days to insure monitor compensation.
A minimum 4-hour half -day charge ("show up" time) shall be charged to the
Developer for unannounced work stoppages of the tribal monitors that are not
due to actions by the Soboba Band.
Per -Diem will also be set at the rate listed below.
Tribal Consultation for Discoveries $ 85.00 hourly rate
Native American Monitoring $ 90.00 hourly rate
Overtime (After 8 hours Daily or 40 Hours a week) $ 135.00
Daily Per -Diem $ 120.00 Per GSA
Double Time (After 12 hours Daily) $ 180.00
Administrative Fee 15% of Invoice
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