HomeMy WebLinkAbout05233 - US FISH AND WILDLIFE SERVICES SECTION 7 PERMIT FOR SHADOWROCK PROJECT Pabe 1 of 1
Kathie Hart
From: Loretta Moffett
Sent: August 30, 2007 2:26 PM
To: Kathie Hart
cc: Craig Ewing; Edward Robertson
Subject: RE: Document Tracking Report
Ok...Port Lawrence—Rael A5213—"One Palm Canyon" is done...it can be closed out per Nicole Criste.
Pls keep Eagle Canyon open a while longer.
Loretta Moffett
Administrative Assistant to
Assistant City Manager-Development Services
760-32.3-8270 phone
760-222-8260 f=
Loretta.Moffeu@palmsprings•ca.gov
Pis note new email address
From: Loretta Moffett
Sent: Thursday, August 30, 2007 12:37 PM
To: Kathie Hart
Cc: Craig Ewing; Edward Robertson
Subject: Document Tracking Report
Here is a status of the following contracts you asked about for your tracking report:
1. A5233—Shadowrock & Interior Fish &Wildlife Services -$100,000-00—close this out—it is
complete.
2. A5213— Rae[ "One Palm Canyon"—Terra Nova - I am checking with Terra Nova to see if they have
completed and billed-
3. A5240— Eagle Canyon Project—Terra Nova......checking with Terra Nova
4. A5251 --Mountain View IVC Wind Energy 5.1081 -- keep this open, it is not completed as yet-
5. A5312— Hogle-Ireland — PS- Modern Homes -- close this_.out—it is completed.
6. A5119 — LSA - Boulders & Crescendo—keep open...final Amendment#2 is going to Council 9-5
Funds are on deposit, work is done, but final approval and payment has not been made to LSA
7. - A5347 - Burnett Development— P.S. Country Club— keep open, work has not been completed nor
have all the funds been paid.
Loretta JVgffett
Administrative Assistant to
Assistant City Manager-Development Services vl�
760323.8270 Phone
760.322-8360 fax Y�
Loretta.Moffen@palmsprings-ca.gov
Pis note new email address
08/30/07
1. City of Palm Springs 2 City of Palm Springs Shadowrock
AGREEMENT BETWEEEN Agreement It.
y ;
CITY OF PALM SPRINGS 2. U.S.F.W.S•Agreement#: CRA-2006.1943-1004
AND
U.S. DEPARTMENT OF THE INTERIOR 3.Total Agreement Amount: $100,000
FISH AND WILDLIFE SERVICE 3
4. Effective Date: Upon signature U QO M
M
5a. CITY OF PALM SPRINGS ORGANIZATIONAL 6a. FISH &WILDLIFE SERVICE DATA[ADDRESS,OFFICE] cn H C,4 O
DATA[ADDRESS,OFFICE] U.S. Fish and Wildlife Service ` Y QLA
City of Pater Springs Carlsbad Fish and Wildlife Office v
3200 Tahquitz Canyon Way 6010 Hidden Valley Road 3 v Z O
Palm Springs, CA 92262 Carlsbad, CA 92009 ai ,
760.323.8299 760.431-9440fax 760-431-5902 ^ v
Fax 760.322.8360
5b. Select One: X Buyer_Seller 6b. Select One: _Buyer X Seller i+ p v
� aoa0
5c.DUNS#: 072522006 6c. DUNS#: 949149801 Q
7. PROJECT TITLE: Prioritized and expedited processing of the section 7 permit for the City of Palm Springs Shadowrock Project
8. SCOPE OF WORK[DETAIL THE BACKGROUND,PURPOSE, SPECIFIC OBLIGATIONS OF EACH PARTY-USEADDITIONAL PAGE(S)IF NECESSARY]
The scope of work is described in Attachment A.
The City of Palm Springs will provide payment for the work performed by the U.S. Fish and Wildlife Service(USFWS) as
described in Attachment A.
The USFINS will perform the work described in Attachment A.
I
I
j 9. SPECIAL PROVISIONS: (1)THIS AGREEMENT MAY BE MODIFIED BY MUTUAL CONSENT OF BOTH PARTIES. (2) IT
MAY BE TERMINATED BY 30-DAY PRIOR WRITTEN NOTICE BY EITHER PARTY. ALLOWABLE COSTS INCURRED
THROUGH DATE OF TERMINATION SHALL BE REIMBURSED UNDER THIS AGREEMENT.
Should disagreement arise on the interpretation of the provisions of this agreement or amendments and/or revisions
thereto,that cannot be resolved at the operational level,the area(s)of disagreement shall be stated in writing by each party
and presented to the other party for consideration. If agreement on interpretation is not reached within thirty(30)days,the
parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution.
r7 Zi'o, pla ,N 65
10. CITY OF SANT-EE-PROJECT OFFICER(NAME,OFFICE,ADDRESS, 11. USFWS PROJECT OFFICERINAME,OFFICE,ADDRESS,PHONE,Fax,
PHONE,FAX,E-MAIL] E-MAIL]
Director of Planning Services Therese O'Rourke
Attn: Loretta Moffett U.S.Fish and Wildlife Service
City of Palm Springs Carlsbad Fish and Wildlife Office
3200 Tahhquitz Canyon Way 6010 Hidden Valley Road
Palm Springs, CA 92262 Carlsbad,CA 92011
760.323.8299 760-431-9440 fax 760-431-5902
Fax 760.322.8360
12. PERIOD OF PERFORMANCE:
This Agreement shall become effective upon signature by the Parties and remain in effect until SEPTEMBER 30, 2006. This
agreement may be extended beyond the date above, upon written approval from both Parties.
13. ESTIMATED PRICE/COSTS: SEE BLOCK 3
Funds in the amount of$100,000 are available to do the work as identified in the Scope of Work(see Block 8)and for the
period'specified in Blocks 4 and 12 above. This is a set amount that will be used by staff working on this project and will
offset costs for other staff whose workload has been shifted to accommodate the expedited section 7.
Page 1 of 2
14a.METHOD OF PAYMENT AND BILLING INSTRUCTIONS:
A. Upon signature of this agreement,the City of Palm Springs shall provide the USFWS payment of $100,000
B. Payment will be made directly to the USFWS, and will note the project number of this Agreement. Payments will be directed
to:
U.S. Fish and Wildlife Service
Division of Budget and Finance
Attn: Michael Knowles
911 NE 11"'Ave.
Portland, OR 97232-4181
503-231-2242
C. Upon completion or termination of this Agreement, no refund will be made unless the Service has failed to complete the
analysis.
14b. BILLING SCHEDULE: [SELECTONE] _MONTHLY, _QUARTERLY, _SEMI-ANNUALLY, X OTHER(sPEcIFY]
Advance payments per No. 14a. above.
14c. CITY OF PALM SPRINGS BILLING CONTACT(NAME, 14d. USFWS BILLING CONTACT[IF DIFFERENT THAN BOX 19A,PROVIDE
OFFICE,ADDRESS,PHONE,FAX,E-MAIL] NAME,OFFICE,ADDRESS,PHONE,FAX,E-MAIL]
Director of Finance and Treasurer Ms. Sue Fahey
City of Palm Springs U.S. Fish and Wildlife Service
3200 Tahquitz Canyon Way Carlsbad Fish and Wildlife Office
Palm Springs, CA 92262 Carlsbad, CA 92011
760.323.8299 760-431-9440fax 760-431
760.322.8360
15.AUTHORITY:/CITE APPLICABLE AUTHORITY TO ENTER INTO THIS AGREEMENT,I E ECONOMYACT OF 1932(31 USC 1535)]
Intergovernmental Cooperation Act of 1968
16a.AUTHORIZING OFFICIAL FOR CITY OF PALM 16b.AUTHORIZING OFFICIAL SIGNATURE .16e. DATE
SPRINGS(NAME,TITLE,ADDRESS,PHONE,FAX,E-MAIL]
Mr. Ran_Odeng'ji� "i r-0 �A�Tol ,�.,,: _�•..•%r� :%
City of Palm Springs Ci Ly M ,n gee, /' - �, @ .ob
3200 Tahquitz Canyon Way
Palm Springs, CA 92262 _A_:T�TE— ,,,,,,, ,�. �
760.322.8360 / City Clerk
760.322'.8360 0/
16d.AUTHORIZING OFFICIAL FOR USFWS]NAME,TITLE, 16e.�' HORIZING OFFICIAL SIGNATURE 16f. DATE
ADDRESS,PHONE,FAX,E-MAIL] ��I��""
Mr. Paul Henson Acting � ,� �
Assistant Manager, Ecological Services /6
California/Nevada Office
2800 Cottage Way,Suite W 2606
Sacramento, CA 95825-1846 /S/ Michael Fris
APPROVED BY CITY COUNCIL
hy�D 1eb10 @� �b �r4�7a� �9 ee 8I'r:3 TO FURM
fyy�rt �1
'�r'a4��,,.e4W ✓f�if f t4 L.Q.L.."._...J=F..nA..
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Page 2 of 2
Attachment A
Scope of Work and Deliverables for U.S. Fish and Wildlife Service Staff Funding
for the City of Palm Springs/Shadowrock Development
The Service will be responsible for prioritized and expedited processing of the section 7
permit for the Shadowrock Project. This will require qualifying this project as the highest
of priority for the assigned staff.
The incumbent will coordinate within the USFWS (management, GIS, external affairs,
data management, etc.) to complete the tasks necessary for processing of the section 7
biological opinion.
Specifically, the Service will:
1. Work with the USFWS staff supervisors and staff, the California Department of
Fish and Game (CDFG), and other responsible federal, state and local agencies as
appropriate (a) to review and analyze the project and (b) work with the proponent
to identify issues that need resolution Lind incorporate these resolutions into the
biological opinion.
2. Work with the private landowners, local government agencies, CDFG, and other
state and federal agencies, as appropriate., to provide technical assistance and
assist in the coordination of other regulatory permits.
3. Work and maintain regular communication with the immediate supervisors and
other USFWS staff and coordinate with other USFWS programs and activities
(management, GIS, external affairs, data management, etc.) to effectively cant'
out the duties described above, keep supervisors and staff informed, and compete
the tasks necessary to expedite the section 7 process.
Deliverables:
The Service will provide the following work products:
• Review of the project description and written responses to the project.
• Identification of changes needed to the project to meet the various regulatory
requirements.
• Monthly update to the City of Palm Springs, or their designee, regarding
information needs, clarifications and unresolved issues.
• Analysis of the proposed project and associated documents for review, and a
section 7 permit, provided all information needed to process the permit is
provided.
• If the all the information needed to process the permit is not made available, ,
a document stating what is needed to complete the analysis will be provided.
The City will provide the following-
• A designated contact for information and negotiations (either a City employee
or the City designee).
• All of the documentation necessary to process the section 7 permit including
the all documents and information requested by the Corps and CDFG, and the
Service.
• Funding for the expedited processing of the section 7.
• Meet the deadlines for documents requested by the agencies involved. Failure
to meet these deadlines may result in a delay in the processing of permits.
• Meet any deadlines mutually agreed upon by the Service and the City.
This agreement is an agreement to do analysis. It will be done in an expedited manner.
If the analysis determines that the project is non-jeopardy, the biological opinion will be
issued within 135 days. If a jeopardy conclusion is reached, the timeframe will not be
under control of the Carlsbad office, and may take longer than 135 days.
Post Office Box 4470
Palm Springs,California 92263
Tel:760:325-7898 Fax:760:325-0138
Email USInvest@P.OL.com
February 7, 2006
Mr. Tom Wilson
Assistant City Manager—Planning Services
Palm Springs, California
Dear Tom:
Please consider this letter as authorization from Shadowrock to release the funds we
provided last Fall to the U.S. Fish&Wildlife Service. Our$100,000.00 deposit is to be
used to expedite the Section 7 biological opinion in connection with our application for a
section 404 permit under the clean water act.
Thank you for your assistance.
Sincerely,
Mark A. Bragg
Managing Member
CONTRACT ABSTRACT
Contract
Company Name: U.S. Fish &Wildlife Services
Company Contact: Therese O'Rourke, USFWS Project Officer
Summary of Services: Processing of Section 7 permit and identify biological issues,
provide biological opinion and technical assistance with other
regulatory permits.
Contract Price: $100,000.00 (all funds are on deposit with the City.)
Funding Source: Mark Bragg, Shadowrock Development Developer Deposit
Contract Term: 135 days or until completion.
Contract Administration
Lead Department: Planning Services
Contract Administrator: Craig Ewing, Director of Planning Services
Contract Approvals
Council/ Community Redevelopment
Agency Approval Date: City Council, February 15, 2006
Minute Order/Resolution Number: MO 7811
USWFS Agreement No.: CRA 2006-1943-1004
Contract Compliance
Exhibits: Contract
Signatures: Michael Fris, Authorizing Official for USFWS
Insurance: N/A
Bonds: N/A
Contract prepared by: U.S. Department of the Interior Fish &Wildlife Services, Michael Fris
Submitted on: By:
r
iJ
,a
M E M O R A N D U M
Foy,
TO: Loretta Moffett
\ Development Services
FROM: Kathie Hart, CIVIC
\ Chief Deputy City Clerk
DATE: February 22, 2006
SUBJECT: US Fish and Wildlife Services —A5233
(Section 7 Permit)
Attached is a duplicate original of the above referenced agreement for your files and distribution.
We have kept the original copy for our records.
Please feel free to contact our office if there are any concerns.
/kdh
Attachment