HomeMy WebLinkAboutUNITED STATES GEOLOGICAL SURVEY WESTERN ECOLOGICAL RESOURCE CENTER (2)INSURANCE NOT REQUIRED A-2023-175.
WORK MAY PROCEED
rdUSGS CITY CLERK FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZII
Collab Templatj)ust 2023 ARS # [2023ZC-130081
COLLABORATIVE AGREEMENT
BETWEEN
0'-- ?9-65 A U) U.S. GEOLOGICAL SURVEY AND THE CITY OF SANTA ANA
f�-
This Collaborative Agreement ("Agreement') is entered into by and between the U.S. Geological
Survey (USGS), a bureau of the Department of the Interior, through the offices of its FWestern
Ecological Research Center], hereinafter referred to as the "USGS" and [the city of Santa Ana, a
charter city and municipal corporation, on behalf of the Santa Ana Zoo, hereinafter referred to as
"Collaborator." USGS and Collaborator are sometimes herein referred to as a "Party" and
ei collectively as the "Parties." Any inconsistency between the standard terms of Articles 1
r through 16 of this Agreement and any attachments to this Agreement shall be resolved by giving
Q precedence to Articles 1 through 16.
Whereas, the USGS is authorized to perform collaborative work and prosecute projects in
cooperation with other agencies, Federal, State or private, pursuant to 43 USC §36c; and
Whereas, the USGS has a mission in southern California and has need of space and other
resources for ecological research to support this mission; and
Whereas, Collaborator has space and utilities for office facilities, equipment storage, government
and personal vehicles and other relevant resources and has need of USGS expertise in identifying
and coordinating research activities to inform conservation of southern California taxa; and
Whereas, the Project entitled Biodiversity, Demography and Conservation of Southern California
Fauna is intended by the Parties to be mutually beneficial and to benefit the people of the United
States;
Now, therefore, the Parties hereto agree as follows
1. Statement of Work.
See the attached Statement of Work (SOW) (Attachment A), incorporated by reference herein.
2. Principal Investigator.
The USGS principal investigator (PI) for this Project is (Robert N. Fisher], f619-206-56861,
frfisherAusgs.gov], and [Western Ecological Research Center San Diego Field Station 4165
Spruance Road San Diego, CA 92021]. The PI for the Collaborator is (Jennifer Walker], 714-
647-65461, fjwalker(a,sama-ana.orgl, and [Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA
927011. In the event that a PI is unable to continue in this Project, the sponsoring agency will
make every effort to provide a replacement acceptable to the other Parry
3. Title to Equipment.
There will be no joint property purchased as a result of the collaborative effort outlined in the
SOW. Each Party will provide its own equipment necessary to support its participation in the
SOW.
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4. Term.
The collaborative effort contemplated by this Agreement will commence on the effective date of
this Agreement. The effective date of this Agreement shall be the later date of (1) 10/21/2023 or
(2) the date of the last signature by the Parties. The expiration date of this Agreement shall be
10/21/2028.
5. Funding/Resource Share.
(a) The Collaborator will provide an estimated $JQ.0-01 in funds -in to the Project. The
Collaborator is providing in -kind services and or resources with an estimated value of: $r0.001.
(b) If the Collaborator is a non -governmental organization, the USGS requires an advance of
$f 0.001. In the event that the advance payment is not received by USGS, USGS will submit an
invoice. Invoices not paid within 30 days from date of bill will bear Interest, and other fees
required by Federal law, at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. § 3717) established by the U.S. Treasury.
(c) This agreement has been negotiated with no funding to be exchanged. Each party will bear
its own costs in the performance of this agreement.
(d) The USGS is providing in -kind services and or resources with an estimated value of: $f0.001
to the Project.
(e) The USGS agrees to pay for their proportional utility costs (electricity, water and sewer) in
support of WERC operations at the SAZOO through a separate billing document.
6. Amendments/Termination.
This Agreement can be changed or amended only by a written instrument signed by the Parties.
This Agreement may be terminated by either Party on thirty (30) days written notice to the other
Party. hi the event of an early termination, USGS shall be reimbursed for any completed work
or work in progress on the effective date of termination (i.e., when the Agreement actually
terminates following the receipt of written notice from the other Party). Any unspent advanced
funds will be returned to Collaborator. The USGS shall provide a copy of the outcomes
completed as of the effective date of termination in the event of an early termination of the
Agreement.
7. Scientific Information/Data.
Each Parry is free to publish the information and data developed in the performance of the
statement of work (SOW) and data management plan (DMP). Before a Party submits the
information and data for publication or otherwise intends to publicly release or disclose scientific
information and data that is jointly developed, the other Party will be provided thirty (30) days
for review of the proposed release or disclosure, prior to submission for publication. The Parties
acknowledge that scientific information and data developed as a result of the SOW are subject to
applicable USGS Fundamental Science Practices (FSP) review, approval, and release
requirements, which are available in Survey Manual Chapter (SMC) 502.4, Fundamental Science
Practices: Review, Approval, and Release of Information Products. The USGS is required to
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provide timely public access to the results of scientific information and data that does not contain
sensitive protected information. Data and associated metadata will be open format and publicly
accessible. The data and metadata will also be open access and machine readable in accordance
with USGS FSP requirements available in SMC 502.7, Fundamental Science Practices: Metadata
for USGS Scientific Information Products Including Data and SMC 502.8, Fundamental Science
Practices: Review and Approval of Scientific Data for Release.
8. (Reserved)
9. Notices.
Any notice required to be given or which shall be given under this Agreement shall be in writing
and delivered by first-class mail to the Parties as follows:
USGS Technical
[Robert N. Fisher]
[Western Ecological Research Center
San Diego Field Station 4165 Spruance Road San Diego, CA 920211
lrfisher(&,,usgs. govl
[619-206-5686]
rhttp://were.usgs.gov/sandiegol
USGS Administrative
[Nicole Hettich]
[3020 State University Drive
Modoc Hall, Suite 4004 Sacramento. CA 958191
[nhettichpusgs.gov]
[916-659-0010]
Collaborative Technical
IJennifer Walker]
[Santa Ana Zoo
1801 E. Chestnut Ave. Santa Ana, CA 927011
[iwalkerAsanta-ana.org]
[714-647-65461
[www.santaanazoo.orgl
Collaborator Administrative
[Ethan Fisher]
[Santa Ana Zoo
1801 E. Chestnut Ave. Santa Ana, CA 927011
jefisher(cbsanta-ana.org]
L714-647-65461
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MUSGS FBMS # (FOP 11.2 A) f23ZCC0LLCSASAZII
Collab Template August 2023 ARS # [2023ZC-130081
With copies to:
The City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:714-647-6956
Collaborator Financial Information:
Wary Lone]
rSanta Ana Zoo
1801 E. Chestnut Ave. Santa Ana, CA 927011
rmlone ,santa-ana.orel
r714-647-65121
rCollaborator Finance UEII
10. Independent Organization.
For purposes of this Agreement and all research and services to be provided hereunder, each
Party shall be, and shall be deemed to be, an independent Party and not an agent or employee of
the other Party. Each Parry shall have exclusive control over its employees in the performance
of the SOW. While in field locations, a Party's employees must adhere to the safety and
technical requirements imposed by the Party controlling the work site.
Neither Party has authority to make any statements, representations, or commitments of any
kind, or take any action, which shall be binding on the other Party, except as may be explicitly
provided for herein or authorized in writing. Neither Party has authority to use the name of the
other in advertising or in other forms of publicity without the written permission of the other.
11. Governing Law.
(a) This Agreement is subject to interpretation under State and Federal law. If there is
inconsistency between the laws, then Federal law is controlling. Each Party agrees to be
responsible for the activities, including the negligence, of their employees. Responsibility of the
USGS for the payment of claims for loss of property, personal injury, or death caused by the
negligence or wrongful act or omission of a USGS employee, while acting within the scope of
their employment, is limited to provisions of the Federal Tort Claims Act, 28 USC §§ 2671-80.
USGS warrants that it is self -insured for the purposes of Worker's Compensation.
(b) The USGS and the Collaborator make no express or implied warranty as to the conditions of
the research, merchantability or fitness for a particular purpose of the research, data, or resulting
product incorporating data developed and exchanged under the SOW.
12. Force Majeure. Neither Party shall be held liable for any unforeseeable event beyond its
control, not caused by the fault or negligence of such Party, which causes such Party to be unable
to perform its obligations under this Agreement, and which it is unable to overcome by the
exercise of due diligence including, but not limited to, flood, drought, earthquake, storm, fire,
pestilence, lightning, and other natural catastrophes; epidemic, war, riot, civil disturbance, or
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disobedience; strikes, labor disputes, or failure, threat of failure, or sabotage; or any order or
injunction made by a court or public agency. In the event of the occurrence of such a force
majeure event, the Party unable to perform must promptly notify the other Parry. It shall further
use its best efforts to resume performance as quickly as possible and shall suspend performance
only for such period of time as is necessary as a result of the force majeure event.
13. Entire Agreement.
This Agreement contains all of the terms of the Parties and supersedes all prior Agreements and
understandings related thereto. Due to the specialized nature of the collaborative work, this
Agreement is non -assignable by both Parties.
14. Disputes.
The signatories to this Agreement shall expend their best efforts to amicably resolve any dispute
that may arise under this Agreement. Any dispute that the signatories are unable to resolve shall
be submitted to the Director of the USGS or his/her designee and the jExecutive Director
PRCSAI of the Collaborator or his/her designee for resolution.
15. Miscellaneous Provisions.
Pursuant to the Anti -Deficiency Act, 31 U.S.C. § 1341 (a)(1), nothing herein contained shall be
construed as binding the USGS to expend in any one fiscal year any sum in excess of its
appropriations or funding in excess or what it has received for the collaborative work outlined in
the SOW.
16. Survivability.
The following provisions shall survive the termination of this Agreement: 7.
Publications/Reports/Data, and 14. Disputes.
[signature page follows/
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A-2023-175
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the last
date listed below.
ACCEPTED AND AGREED
The USGS signatory certifies that:
o The USGS signatory is consistent with the delegations of authority to sign agreements,
SM 205.13.
o The Collaborator is a U.S. owned organization.
o The COI form has been coordinated with the Ethics Office, as applicable.
o This Collaborative Agreement contains standard terms only or, if it contains non-standard
terms, it was sent to OPA for review.
U.S. GEOLOGICAL SURVEY
Digitally igr.d A. M
By: A. MILES Wt :2023.09.29Y14: 8'ias
Name: A.Keith Miles. PhD
COLLABORATOR
By:
Name: Steven Mendoza
Title: Director, USGS Western Ecological Research Center Title: _ Acting City Manager
Date: 9/29/23
ATTEST:
woft-
'X."�erk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
randon Salvatierra
Deputy City Attorney
Date:
Parks,
Scott
FOR APPROVAL
Agency
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Attachment A: Statement of Work between USGS and [Collaborator]
I. Objectives
• Cooperate in identifying needs and developing priorities for research and
inventory projects on Collaborator lands.
• Mutual develop natural resources data for the Collaborator.
• Work together to assure effective application of research results into
Collaborator resources management.
• Provide annual evaluation to each other regarding the status of effectiveness
of USGS - Collaborator working relationships.
• Cooperate in developing suitable facilities for USGS staff conducting
fieldwork on Collaborator and neighboring lands.
• Assist the City in analyzing relevant pathology samples as determined on
cooperative projects.
• In cooperation with Collaborator staff, work to increase public awareness of
the USGS mission and cooperative Collaborator / USGS conservation/research
programs. Such public awareness campaign may include press releases, scientific
papers and permanent signage at the Santa Ana Zoo.
II. Term
This agreement shall remain in effect for 5 years upon the last signature of the
Parties. This agreement may be extended at any time through an addendum
mutually agreed upon and signed by the Parties.
III. Collaborator's Role and Expertise
The Collaborator will endeavor to:
• Permit and encourage USGS scientist's and USGS-sponsored research within
Collaborator, including issuance of appropriate permits.
• Provide space and utilities for office facilities, staff housing, equipment
storage, government and personal vehicles, for USGS science staff working at
Collaborator. Four (4) parking spaces will be provided and designated as parking
spaces for said government spaces.
• Provide administrative and operational support to USGS staff to the level and
extent that it advances the mutual goals of each party.
• Permit use of Collaborator office, vehicles, lab, field and office equipment by
USGS staff when in the mutual interest of both parties.
• Provide USGS access to resource data, (e.g. geologic, hydrologic, vegetative,
atmospheric, wildlife, cultural, etc.) when it is relevant to research studies.
• Use USGS staff to provide scientific review of research, inventory, and
monitoring proposals.
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W. USGS' Role and Expertise
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The USGS will endeavor to:
• Cooperate with the Collaborator to identify, prioritize and coordinate
research activities necessary to address conservation needs.
• Conduct quarterly ecology based educational lectures/workshops presented
by USGS scientists and/or similar professionals, which will be free to the general
public, students and/or other groups as approved by the Zoo Director.
• USGS shall comply with all official Zoo policies with the respect to the
Association of Zoos and Aquariums, U.S. Department of Agriculture, California
Department of Fish and Game, and other federal, state and local regulations
affecting the programs offered pursuant to this Agreement.
• Work closely with Collaborator staff with active research programs of the
Principal Investigators, currently Robert Fisher and his field assistants.
• Provide Collaborator opportunities for discussion of USGS research
directions.
• Develop and review proposals for research and monitoring activities to be
carried out in and around Orange County.
• Provide Collaborator with research results and other available natural
resource information relevant to resources management as available and
appropriate.
• Maintain files on current and past research activities that involves
Collaborator.
• 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 Collaborator interests and actions with
sounding landowners.
• Assure the adherence of USGS Staff to the guidelines and requirements
identified by Collaborator as applicable to research activities conducted in
surrounding Collaborator lands.
• Designate a representative from USGS to act as liaison between WERC and
Collaborator to receive communications regarding conduct of studies and
activities.
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United States Department of the Interior
OFFICE OF THE SOLICITOR
Division of General Law, Torts Practice Branch
September 8, 2023
City of Santa Ana — Risk Management
20 Civic Center Plaza, 4a` Floor
Santa Ana, CA 92701
Re: Self -Insurance of the United States Geological Survey
To Whom It May Concern:
We write to provide notification that the United States Geological Survey, an agency of the
United States Department of the Interior, self -insures in accordance with the Federal Tort Claims
Act, 28 U.S.0 § 2671, et seq., and backed by the United States Judgement Fund, a bureau of the
United States Treasury. Along with being self -insured by the United States Government, the
United States Geological Survey is prohibited from purchasing liability insurance by federal
appropriations law absent express circumstances that are not applicable within the continental
United States. See UNITED STATES GOVERNMENT ACCOUNTABILITY OFFICE,
Principles of Federal Appropriations Law, Vol. I (3d Ed.) at 4-175.
The United States Judgment Fund, 31 U.S.C. Sec. 1304, is a permanent, indefinite federal
appropriation available to pay final money judgments and awards, and compromise settlements,
for liabilities of the United States, including tort liabilities pursuant to the Federal Tort Claims
Act. The Judgment Fund is paid by the United States Treasury and is unlimited. See "The
Judgment Fund: History, Administration and Common Usage", Congressional Research Service
Report R42835 (March 7, 2013).
We hope this suffices to meet your needs.
Sincerely
/yours, '',, //a&a
g.
Charles B. Wallace
Division of General Law
Tort Liability Practice Branch
cc: Miranda Robinson, USGS