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US Fish & Wildlife/Travertine 05U.S 14 FISH R WILDLIFE SERVICE United States Department of the Interior FISH AND WILDLIFE SERVICE Division of Budget and Finance 911 NE 11 to Avenue Portland, Oregon 97232-4181 September 19, 2005 SEP 2 LUU~ City of La Quinta Community Development Department Attn: Doug Evans P.O. Box 1504 La Quinta, CA 92247-1504 (760) 777-7125 Dear Mr. Evans: Enclosed please find one (1) fully executed signed original of Contract No. TRAVERTINE, Prioritized and Expedited Processing of a Section 7 Consultation (biological opinion) for the Travertine Project, between the City of La Quinta and the U.S. Fish and Wildlife Service. We have retained the other signed original for our records. If you have any questions for me, I can be reached by telephone at (503) 231-2242. If you have any questions regarding the administration of this agreement, please contact Sue Fahey at the Carlsbad Fish and Wildlife Office (760) 431-9440. Thank you for your assistance. Sin ely i Micha 1 Knowles Budget Analyst, Division of Budget and Finance Enclosure Filename: Travertine (1943-1003).doc U.S. Department of the Interior 1. FWS AGREEMENT #: CRA-2005-1943-1003 pN U.S. Fish & Wildlife Service 2. CITY OF LA QUINTA AGREEMENT# Travertine AGREEMENT BETWEEN CITY OF LA QUINTA 3. TOTAL AGREEMENT AMOUNT: $80,000 AND U.S. FISH AND WILDLIFE SERVICE 4. EFFECTIVE DATE: Upon Signature of this Agreement 5a. FWS ORGANIZATIONAL DATA [ADDRESS, OFFICE] Ga. OTHER AGENCY DATA [ADDRESS, OFFICE] U.S. Fish and Wildlife Service City of La Quints P.O. Box 1504 Carlsbad Fish and Wildlife Office La Quinta, California 92247-1504 Hidden Valley Road Carlsbad, California 5b. Select One: Buyer ✓ Seller 6b. Select One: ✓ Buyer Seller 5c. DUNS #: 949149801 6c. DUNS #: 953740431 7. PROJECT TITLE: Prioritized and expedited processing of a section 7 consultation (biological opinion) for the Travertine project in the City of L 1 Quinta. 8. SCOPE OF WORK (DETAIL THE SPECIFIC OBLIGATIONS OF EACH PARTY- USE ADDITIONAL PAGE(S) IF NECESSARY] Please see Attachment A for the Scope of Work. City of La Quinta will provide payment for the work performed by the U.S. Fish and Wildlife Service as described in Attachment A. The U.S. Fish and Wildlife Service will perform the work described in Attachment A. 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. [INSERTANYADDITIONAL PROWSIONS] 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. page 1 of 3 10. FWS PROJECT OFFICER [NAME, OFFICE, ADDRESS, PHONE, FAX, E-MAIL] 11. OTHER AGENCY PROJECT OFFICER[NAME, OFFICE, ADDRESS, PHONE, FAX, E-MAIL] Kathleen Brubaker Doug Evans U.S. Fish and Wildlife Service Community Development Department Carlsbad Fish and Wildlife Office City Quinta 6010 Hidden Valley Road P.O. Boxx 1504 B Carlsbad, California 92011 La Quinta, California 92247 1504 p 760-431-9440 x 255 fax 760-431-5902 12. PERIOD OF PERFORMANCE: [IDENTIFY PERFORMANCE PERIOD] This Agreement shall become effective upon signature by the Parties (U.S. Fish and Wildlife Service and City of La Quinta) and remain in effect for two years. 13. ESTIMATED PRICE/COSTS: [EITHER STATE -SEE BLOCK X OR SPECIFY INDIVIDUAL LINE ITEMS IFAPPROPRIATE] Funds in the amount of $80,000 are available to complete the work as identified in the Scope of Work (Block 8) and for the period specified in Blocks 4 and 12 above. Expenditures in excess of this amount will not be reimbursed without a fully signed modification to this agreement. 14a. METHOD OF PAYMENT AND BILLING INSTRUCTIONS A. Upon signing of this Agreement, the City of La Quinta, shall provide the U.S. Fish and Wildlife Service advance payment of $80,000. B. Payment will be made directly to the U.S. Fish and Wildlife Service, and will note the project number of this Agreement. C. Payments will be directed to: U.S. Fish and Wildife Service Division of Budget and Finance Attn: Michael Knowles 911 NE 1 lth Avenue Portland, OR 97232-4181 D. If this Agreement is terminated prior to the completion of the Travertine biological opinion, the Service will refund any remaining funds. 14b. BILLING SCHEDULE: [SELECT ONE] MONTHLY, _QUARTERLY, _SEMI-ANNUALLY, ✓ OTHER [sPEcIFYj 14c. FWS BILLING CONTACT [NAME, OFFICE, ADDRESS, PHONE, FAX, E- 14d. OTHER AGENCY BILLING CONTACT[IF DIFFERENT THAN BOX 19A, MAIL] Joyce Ford PROVIDE: NAME, OFFICE, ADDRESS, PHONE, FAX, E-MAIL] U.S. Fish and Wildlife Service Doug Evans Carlsbad Fish and Wildlife Office Community Development Department 6010 Hidden Valley Road City of La Quinta Carlsbad, California 92011 P.O. Box 1504 760-431-9440 La Quinta, California 92247-1504 760-777-7125 15. AUTHORITY: Intergovernmental Cooperation Act of 1968 page 2 of 3 16a. AUTHORIZING OFFICIAL (City of La 16b. SIGNATURE OF AUTHORIZING OFFICIAL 16c. DATE Quinta) Tom Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, California 92247-1504 17a. AUTHORIZING OFFICIAL (U.S. Fish 17b. SIGNATURE OF AUTHORIZING OFFICIAL 17c. DATE and Wildlife Service) Paul Henson Assistant Manager, Ecological Services Califomia/Nevada Office Z(/ 2800 Cottage Way, Suite W 2606 Sacramento, California 95825-1846 page 3 of 3 Attachment A Scope of Work and Deliverables for the U.S. Fish and Wildlife Service Staff Funding for the Travertine Project Scope of Work: The U.S. Fish and Wildlife Service (Service) will be responsible for prioritized and expedited processing of the section 7 process for the Travertine project. The Service's Desert Division staff will coordinate with other office Divisions (e.g., management, GIS, external affairs, data management) to complete the tasks necessary for processing of the section 7 biological opinion. Specifically, the Service will: (1) Work with Service supervisors and staff, the California Department of Fish and Game (CDFG), and other responsible federal, state, local agencies as appropriate (a) to review and analyze the project and (b) work with the proponent to identify issues that need resolution and incorporate those resolutions into the biological opinion. (2) Work with 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 immediate supervisors and other Service staff and coordinate with other Service programs and activities (e.g., management, GIS, external affairs, data management) to effectively carry out the duties described above, keep supervisors and staff informed, and complete the tasks necessary for expedited section 7 process. (4) Work and maintain regular communication with the City of La Quinta (City) to effectively carry out the duties described above. Deliverables: The Service will provide the following work products: Review of project description and written response to the project. Identification of changes needed to the project to meet the various regulatory issues. Provide monthly updates (or as needed) to the Bureau of Land Management, Bureau of Reclamation, City, and project proponent regarding information needs, clarifications and unresolved issues. Delivery of a draft or final biological opinion (to be determined by the above parties to this agreement) within 135 days from the date that the above parties jointly agree on completeness and adequacy of the project description or biological assessment, if the analysis determines a "no jeopardy - no adverse modification" determination by the Service. If the analysis leads to a "jeopardy - adverse modification" determination, the Service will present the City and the project proponent with a reasonable and prudent alternative. If a "jeopardy or adverse modification" is determined, the timeframe for issuance of the biological opinion will be dependant on factors outside of the Carlsbad Fish and Wildlife Service office's control.