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Home My WebLink About25D - PROVIDE EDUCTIONAL SERVICESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES ~' i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2r~ Reading ^ Implementing Resolution ^ Set Public, HE=arinc~ F;~r CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Municipal Water District of Orange County, subject to non-substantive changes approved by the City Manager and City Attorney to provide water-related educational services to Santa Ana schools for a one-year term with the option to extend for a second one- year term in an amount not to exceed $30,000 per year. DISCUSSION The City has been offering a water education program to Santa Ana schools since 1996. This program has been developed and made available to grades kindergarten through high school through a contract with the Municipal Water District of Orange County. The program consists of visits to the schools to give presentations, complete with visual aids and handouts. The program has been recognized for excellence, well received by the schools in Santa Ana, and is a recognized component on the list of best management practices for insuring acceptable levels of water conservation. In order to continue to provide this excellent program to all schools, staff recommends that $30,000 per year be approved for a two-year period for funding of this program, ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25D-1 Agreement to Provide Educational Services to Santa Ana Schools On Water-Related Issues October 5, 2009 Page 2 FISCAL IMPACT Funds for the present fiscal year in the amount of $30,000 are available in the Water Quality and Measurement Fund (account no. 6017644-62140). Funds for the second year of the program will be budgeted in the 2010-2011 proposed budget. APPROVED AS TO FUNDS AND ACCOUNTS: George Alv ez Acting Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25D-2 AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES THIS AGREEMENT, made and entered into this day of 2009, by and between the CITY OF SANTA ANA, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, hereinafter referred to as "MWDOC". WHEREAS, the CITY desires to obtain, and MWDOC desires to provide, educational services to Santa Ana schools on subjects related to water, NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. SERVICES TO BE PROVIDED BY MWDOC A. MWDOC shall give notification of its offer of water education services to all schools serving grades one (1) through five (5), both public and private, within the city limits of Santa Ana, at least one time per year. B. Educational services offered by MWDOC shall include, but shall not be limited to teacher training, classroom and assembly presentations, science fair exhibits, films and slide shows, student workbooks, and teachers' guides. C. Educational programs provided by MWDOC shall include, but shall not be limited to, the current and future supply situation for the region and for the Santa Ana area, water distribution and treatment within Orange County and Santa Ana, water conservation, new technologies and information supplied by the CITY about its water utility. D. MWDOC shall supply trained education specialists through Discovery Science Center to plan, organize, and conduct water education programs. E. MWDOC shall supply classroom materials, e.g., workbooks, slides, and films. F. MWDOC shall provide the CITY with monthly reports specifying which schools were visited, what activities were done, and the number of students participating in the program. 25D-3 2. SERVICES TO BE PROVIDED BY THE CITY A. The CITY may provide supplemental information from its water utility for distribution to teachers and students. B. The CITY may provide tours of Santa Ana water utility facilities in coordination with MWDOC's program on request. 3. COMPENSATION TO MWDOC A. The CITY agrees to pay, and MWDOC agrees to accept as total compensation for services and materials rendered pursuant to this Agreement, the rate of $4.10 per student participating in the educational services program in the 2009-10 school year. This charge is subject to change for subsequent school years. A revised per-student charge for the 2010-11 school year shall be provided to the CITY at least ninety (90) days before the end of the term specified in this Agreement. B. Full and complete payment for all services provided in accordance with this Agreement shall not exceed $30,000 per year. C. MWDOC shall invoice the CITY semi-annually in January and June, and the CITY will pay the full amount due on an undisputed invoice within thirty (30) days of receipt of the invoice. 4. TERM A. This Agreement shall become effective on July 1, 2009 and shall continue for a period of one year. The parties may mutually agree, in writing, to renew this agreement for an additional one-year term. B. The CITY or MWDOC may terminate this Agreement upon giving thirty (30) days written notice, as provided in Section 9 of this Agreement, to the other party. C. In the event of termination, the CITY shall pay MWDOC for all services performed in accordance with this Agreement up to and including the date of termination. D. In the event of termination, MWDOC agrees to deliver to the CITY all reports called for in Section 1 (F) of this Agreement within thirty (30) days. 25D-4 5. INSURANCE -INDEPENDENT CONTRACTOR A. The performance of MWDOC's services hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or employee of the CITY. B. Any and all of MWDOC's personnel shall be employees, agent, or subcontractors of MWDOC and not employees of the CITY, nor shall the employees, agents, or subcontractors of the CITY be deemed employees or agents of MWDOC. C. Neither the CITY nor MWDOC shall have authority, express or implied, to perform any act or make any promises, representation, or commitment which would be binding upon the other. D. MWDOC shall provide Workers' Compensation insurance for its employees as required by California statutes. E. MWDOC shall provide the CITY, upon request, certificates of insurance for Workers' Compensation and general liability covering its performance pursuant to this Agreement. F. MWDOC shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital statute, nationality, origin, ancestry, physical handicap, or medical condition. 6. INDEMNITY Each of the parties agrees to indemnify, defend, and hold harmless the other party, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with the provision of MWDOC's services under this Agreement, resulting from the willful or negligent acts or omissions of the indemnifying party's officers, agents, employees, representatives andlor volunteers. 7. ENTIRE AGREEMENT This writing constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. 8. COMPLIANCE WITH LAWS All services performed by MWDOC pursuant to this Agreement shall comply with all Federal, State and local laws and regulations, including those of the CITY OF SANTA ANA. 25D-5 9. NOTICE All notices pursuant to this Agreement shall be given in writing by personal delivery or sent by U.S. mail, postage prepaid, and addressed to the parties as follows: Executive Director -Public Works Agency City of Santa Ana 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 Mr. Kevin P. Hunt, General Manager Municipal Water District of Orange County 18700 Ward Street Fountain Valley, CA 92708 Notices personally delivered shall be deemed communicated on delivery. Mail notices shall be deemed communicated 48 hours after deposit in the U.S. mail, postage prepaid and addressed to the indicated above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date hereinafter respectfully set forth. CITY OF SANTA ANA, a Municipal Corporation of the State of California MUNICIPAL WATER DISTRICT OF ORANGE COUNTY David N. Ream City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kevin P. Hunt General Manager APPROVED AS TO FORM: Dan Payne Legal Counsel RECOMMENDED FOR APPROVAL: George Alvarez, Acting Executive Director Public Works Agency 25D-6