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HomeMy WebLinkAboutUNITED STATES GEOLOGICAL SURVEY WESTERN ECOLOGICAL RESOURCE CENTERe�— A-2018-188 SEP 13 2010 O`. M(5n (t) S r v C-v2ur., S 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 21 st 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 L 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 II. 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. Page 1 of 8 ARTICLE I11. 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. Page 2 of 8 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. Page 3 of 8 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 Nufiez 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 RobertN. Fisher, Principal Investigator (PI) Western Ecological Research Center Page 4 of 8 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 VIL TERMINATION Either party may terminate this Agreement by providing one hundred twenty (120) days written notice to the other party. ARTICLE VIII. 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 Page 5 of 8 $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. Page 6 of 8 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 term 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. Page 7 of 8 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: l�, �./ d' 31 MARIA D. HUIZAR Clerk of the Council ` APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney A� 13Y. LauraYA. Rossini Senior Assistant City Attorney CITY OF SANTA ANA RAUL ODINEZ, II City Manager U.S. GEOLOGICAL SURVEY ' � r WE enter Director Page 8 of 8 Utxited States Depaitment of the Interior U.S. GEOLOGICAL SURVEY W, ' Western Ecological Research Center *r + Modoc Hall, Suite 4004 3020 State University Drive East Sacramento, California 95819 November 6, 2017 To Whom It May Concern: As a federal agency, the United States Geological Survey (USGS) is responsible for injury or loss of property or personal injury or death caused by a negligent or wrongful act or mission of any employee of the agency while acting within the scope of their employment in accordance with the Federal Tort Claims Act (codified at 28 USC 2671 et seq.). The United States shall be liable, respecting the provisions of the Federal Tort Claims Act in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior tojudgment or for punitive damages. Care will be taken to avoid any damage. However, in the unlikely event that property damage results, you are entitled to file a claim to recover your damages (tort claim). Please contact Tina Palmer at tpalmer@usgs.gov or 916-278-9488 immediately if property damage should occur. Sincerely, 'I Miles� Center Director