HomeMy WebLinkAbout25E - AGMT RESEARCH EDUCATION PROGRAMSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 21, 2018
TITLE:
APPROVE A MEMORANDUM OF
UNDERSTANDING WITH THE UNITED
STATES GEOLOGICAL SURVEY WESTERN
ECOLOGICAL RESOURCE CENTER TO
COLLABORATE ON RESEARCH,
EDUCATION, AND OUTREACH PROGRAMS
AT THE SANTA ANA ZOO
{STRATEGIC PLAN NO. 2,2E)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 16' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a memorandum of
understanding with the United States Geological Survey Western Ecological Resource Center to
collaborate on research, education and outreach programs in the field of resource conservation
and environmental science at the Santa Ana Zoo for a five-year period from October 22, 2018
through October 21, 2023, subject to non -substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
The Santa Ana Zoo at Prentice Park's mission statement is "The'Santa Ana Zoo, through fun,
adventure, and learning, empowers the community to save wildlife and wild spaces." Without
successful partnerships, the Santa Ana Zoo could not fully achieve its mission. By partnering
with local conservation organizations, the Zoo is able to enhance its ability to provide animal care
and zoo educational opportunities. Partnering with the local field station of the United States
Department of the Interior, Geological Survey, Western Ecological Resource Center (USGS)
helps the Zoo meet its goal of providing viable conservation programs, a requirement for
Association of Zoos and Aquariums accreditation.
This partnership has facilitated the Zoo to become more involved in conservation programs and
the USGS is able to utilize the Zoo's facilities for their research. In 2017, Zoo staff joined a
conservation program for the endangered mountain yellow -legged frog, which is facilitated by
USGS. The frog is native to the upper reaches of the Santa Ana River Watershed and is a direct
connection to water conservation and our local environment. A small breeding laboratory exists
on-site at the Zoo.
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Memorandum of Understanding with the United States
Geological Survey Western Ecological Resource Center
August 21; 2018
Page 2
In addition to partnering on active conservation programs, USGS staff have access to the Zoo's
education classrooms to teach habitat restoration workshops and wildlife lectures. Zoo visitors
and the community benefit from the increased education programs and local conservation efforts
provided by the USGS at the Zoo.
The USGS serves the nation by developing reliable scientific information used to promote wise
management of the nation's natural resources that promotes the health, safety, and well-being of
the people. Because of the diversity of environments and natural resource issues within
Southern California, the USGS and Zoo have a mutual and evolving interest in cooperative
research projects and operational programs in the area of environmental sciences.
In 2013, the City Council approved a Memorandum of Understanding with USGS and the Zoo
has since served as the home office for the area's field biologists and several researchers. This
agreement continues the relationship that began in 2013 for another five-year term.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #2 - Youth, Education, Recreation, Objective
#2 (Expand youth programming), Strategy E (Partner with outside agencies and secure funding
to rehabilitate zoo exhibits and expand the Santa Ana Zoo).
FISCAL IMPACT
is no fiscal i act as ociated with this item.
J.
Barks, Recreation and
Services Agency
Exhibit: 1. Memorandum of Understanding
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MEMORANDUM OF UNDERSTANDING
BETWEEN
SANTA ANA ZOO
AND
U.S. GEOLOGICAL SURVEY, WESTERN ECOLOGICAL RESEARCH CENTER
This Memorandum of Understanding (MOU) is entered into on this 21st day of August,
2018 by and between the U. S. Geological Survey (USGS), Western Ecological Research, Center,
(hereinafter referred to as WERC), and the City of Santa Ana, a charter city and municipal
corporation "City"), on behalf of the Santa Ana Zoo at Prentice Park (hereinafter referred to as
SAZOO).
ARTICLE I. RECITALS
A. The USGS authority to enter into this MOU is pursuant to Public Law 99-591 that
bestows permanent authority on the USGS to prosecute projects in cooperation with other
agencies, Federal, state, and private. 43 U.S.C. section 36c.
B. Since 2013, the parties have had an MOU establishing facilities at the SAZOO for use by
USGS. The parties, USGS and City have also shared research germane to the missions of
both entities.
C. This MOU between the U.S. Geological Survey, Western Ecological Research Center
(USGS-WERC) and City will continue to provide facilities on SAZOO premises for use
by USGS subject to terms and conditions outlined below.
D. This MOU will continue the relationship between the parties whereby USGS conducts
some research which it shares with the City and SAZOO.
E. This MOU is in the best interest of both of the parties, as it will serve to minimize
duplication of efforts and lead to a cost savings and increased efficiency to the parties.
F. USGS-WERC is able to provide the services, which cannot be provided as conveniently
and cost effectively by a commercial enterprise.
ARTICLE H. BACKGROUND AND OBJECTIVES
A. SAZOO is very active and has similar interests as WERC in local, state, and international
conservation.
B. It is the mutual desire of SAZOO and WERC to work together for the common purpose
of providing research, education and outreach programs in the field of resource
conservation and environmental science at the Zoo.
C. For and in consideration of the respective and mutual covenants and promises hereinafter
contained and made, and subject to all the terms and conditions hereof, the parties hereto
do hereby agree to the following terms and conditions.
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ARTICLE III. TERMS AND CONDITIONS
A. WERC agrees to:
1. Cooperate with the SAZOO to identify, prioritize and coordinate research activities
necessary to address conservation needs.
2. Conduct quarterly ecology based educational lectures/workshops presented by WERC
scientists and/or similar professionals, which will be free to the general public, students
and/or other groups as approved by the Zoo Manager.
3. WERC shall comply with all official Zoo policies with respect to the Association of Zoos and
Aquariums, U.S. Department of Agriculture, California Department of Fish and Wildlife, and
other federal, state and local regulations affecting the programs offered pursuant to this
Agreement.
4. WERC will provide a representative for the SAZOO's safety committee.
5. Work closely with SAZOO staff with active research programs of the Principal
investigators, currently Robert Fisher and Erin Boydston, and their field assistants.
6. Provide a representative to the SAZOO's research and conservation team.
7. Provide SAZOO opportunities for discussion of WERC research directions.
8. Develop and review proposals for research and monitoring activities to be carried out
in and around Orange County.
9. Provide SAZOO with research results and other available natural resource
information relevant to resources management as available and appropriate.
10. Maintain files on current and past research activities that involve SAZOO.
11. Actively participate in regional planning, assessment and research activities where the
goal is to improve regional ecosystems approaches to land management, including
improved integration of SAZOO interests and actions with surrounding landowners.
12. Assure the adherence of WERC staff to the guidelines and requirements identified by
SAZOO as applicable to research activities conducted in surrounding SAZOO lands.
13. Designate a representative from WERC to act as liaison between WERC and SAZOO
to receive communications regarding conduct of studies and activities.
14. WERC agrees to pay for their proportional utility costs (electricity, gas, water and
sewer) in support of WERC operations at the SAZOO through a separate billing
document.
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B. SAZOO agrees to:
1. Permit and encourage WERC scientists and WERC-sponsored research within
SAZOO, including issuance of appropriate permits.
2. Provide space and utilities for office facilities„ equipment storage, government and
personal vehicles, for WERC science staff working at SAZOO. Four (4) parking
spaces will be provided and designated as parking spaces for said government
vehicles.
3. Provide administrative and operational support to WERC staff to the level and extent
that it forwards the mutual goals of each party.
4. Permit use of SAZOO office, vehicles, lab, field, and office equipment by WERC
staff when in the mutual interest of both parties.
5. Provide WERC access to resource data, (e.g. geologic, hydrologic, vegetative,
atmospheric, wildlife, cultural, etc.) when it is relevant to research studies.
6. Use WERC staff to provide scientific review of research, inventory, and monitoring
proposals.
C. WERC and SAZOO jointly agree to:
1. Cooperate in identifying needs and developing priorities for research and inventory
projects on SAZOO lands.
2. Mutually develop natural resources data for the SAZOO.
3. Work together to assure effective application of research results into SAZOO
resources management.
4. Provide annual evaluation to each other regarding the status and effectiveness of
WERC-SAZOO working relationships.
5. Cooperate in developing suitable facilities for WERC staff conducting fieldwork on
SAZOO and neighboring lands.
6. Assist the City in analyzing relevant pathology samples as determined on cooperative
projects.
7. In cooperation with City staff, work to increase public awareness of the WERC mission and
cooperative City/WERC conservation/ research programs. Such public awareness campaign
may include press releases, scientific papers and permanent signage at the Zoo.
8. Abide by the terms of the permit for environmental science studies attached hereto as
Exhibit A and incorporated by reference.
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ARTICLE IV. TERM OF MOU
This MOU shall commence on October 22, 2018 and continue for a period of five (5) years until
October 21,-2023, unless earlier terminated pursuant to Article VI. This Agreement may be
renewed by mutual agreement of the parties.
ARTICLE V. NON -FUNDING OBLIGATING DOCUMENT
Nothing in this MOU shall obligate the SAZOO and WERC to obligate or transfer any funds.
Specific work projects or activities that involve the transfer of funds, services, or property among
the various agencies and offices of SAZOO and WERC will require execution of separate
agreements and be contingent upon the availability of appropriated funds. Such activities must
be independently authorized by appropriate statutory authority. This MOU does not provide
such authority. Negotiation, execution, and administration of each such agreement must comply
with all applicable statutes and regulations. This MOU does not create an actual or implies
intention, or requirement for WERC to enter into a contract or an assistance agreement.
ARTICLE VI. KEY OFFICIALS
Key officials for the administration of this MOU shall be:
SAZOO: Ethan Fisher, Zoo Manager
Santa Ana Zoo
1801 E. Chestnut Ave.
Santa Ana, CA 92701
714-647-6546
Ray Cosper, Zoo Curator
Santa Ana Zoo
1801 E. Chestnut Ave.
Santa Ana, CA 92701
714-647-6546
Ralph Nunez Interim Executive Director PRCSA
26 Civic Center Plaza (Main Library, 2"d Floor)
Santa Ana, CA 92702
714-571-4200
WERC: Tina Palmer, Administrative Officer
Western Ecological Research Center
3020 State University Drive
Modoc Hall, Ste 4004
Sacramento, CA 95819
(916) 278-9488
Robert N. Fisher, Principal Investigator (Pl)
Western Ecological Research Center
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San Diego Field Station
4165 Spruance Road
San Diego, CA 92021
(619)225-6422
Erin E. Boydston, Principal Investigator (PI)
Western Ecological Research Center
San Diego Field Station
401 W. Hillcrest Dr. Santa Monica Mtns National Park
Thousand Oaks, CA 91360
(805)370-2362
ARTICLE VII. TERNHNATION
Either party may terminate this Agreement by providing one hundred twenty (120) days written
notice to the other party.
ARTICLE VHI. LIABILITY
A. WERC shall cooperate, to the extent allowed by law, in the submission of claims
pursuant to the Federal Tort Claims Act (28 USC § 1346(b), 2671 et seq.) against the
United States for personal injuries or property damage resulting from the negligent or
wrongful act or omission of any employee of the United States while acting within the
scope of his or her employment.
B. Both parties shall protect, defend, indemnify and save and hold harmless each other, their
respective officers, officials, employees, and agents from and against any and all liability,
loss, expenses (including reasonable attorney's fees) or claims for injury or damages
arising out of each other's performance of this MOU to the extent that such liability, loss,
expense, attorney's fees or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of the respective parties, their officer, agents
or employees.
ARTICLE IX. INSURANCE
A. Prior to undertaking any performance of work under this MOU, WERC shall require its
subcontractors, if any, to obtain and maintain insurance as described below:
1. Commercial General Liability Insurance. Sub -contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers
and representatives as additional insured(s) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence
arising out of subcontractors' operations in the performance of this MOU, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not
less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of
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$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall
(a) name the City, its officers, employees, agents, and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance or self-
insurance programs maintained by the City; and (c) contain standard separation of
insureds provisions.
2. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
3. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, if subcontractor has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this MOU, subcontractor agrees to
obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
4. If subcontractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
5. The following requirements apply to the insurance to be provided by subcontractor
pursuant to this section:
a. Subcontractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
b. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
c. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
d. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference into
the Agreement.
6. Subcontractor shall supply City with a fully executed additional insured endorsement.
7. If Subcontractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Contractor agrees to indemnify the
City for any work performed prior to approval of insurance by the City.
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B. It is understood by the parties that WERC and City are self-insured. WERC will provide
evidence of self-insurance in the form of a letter in a form acceptable to the City prior to
any work being performed under this MOU.
ARTICLE X. MISCELLANEOUS PROVISIONS
A. This Agreement in no way restricts WERC from participating in similar activities or
arrangements with other public and private agencies, organizations, or individuals.
B. Liens. WERC will not permit any mechanics' or materialmens' or other liens to stand
against the Facilities by reason of any use or occupancy by WERC, or any person
claiming under USGS.
C. Non -Discrimination. WERC shall not discriminate because of race, color, creed, religion,
sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as
defined and prohibited by applicable law, in the recruitment, selection, training,
utilization, promotion, termination or other employment related activities, or participation
in programs. WERC affirms that it is an equal opportunity employer and shall comply
with all applicable federal, state and local laws and regulations.
D. Governing Law. This Agreement shall be construed and interpreted in accordance with
and shall be governed and enforced in all respects according to the laws of the State of
California, without regard to conflicts of laws principles. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
E. Severability. If any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal, or unenforceable tern or
provision had never been contained herein.
F. WERC's Equipment and Personal Property. WERC shall hold title only to WERC's
equipment and personal property. All of WERC's equipment and personal property shall
remain the property of WERC and are not fixtures. WERC has the right to remove all of
its equipment or personal property at its sole cost and expense on or before the expiration
or termination of this Agreement; provided that such removal shall be done in a
professional and careful manner, without interference or damage to any other equipment,
structures or operations on the Zoo Premises, including the use of the Zoo Premises by
City or any of City's, assignees, licensees or lessees.
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IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their
authorized officers the day, month and year first written above.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR RAUL GODINEZ, II
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By.
Laur A. Rossini
Senior Assistant City Attorney
U.S. GEOLOGICAL SURVEY
RECOMMENDED FOR APPROVAL:
RALPH NUNEZ
Interim Executive Director- Parks, Recreation WERC Center Director
And Community Services Agency
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