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Home My WebLink About25M - AGMT - WATER ED SRVS AT SCHOOLSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2014 TITLE: AGREEMENT WITH THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER QUALITY, USE, AND CONSERVATION CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rU\ »C;A9AI ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Municipal Water District of Orange County; subject to nonsubstantive changes approved by the City Manager and City Attorney; to provide educational services to Santa Ana schools on water quality, use, and conservation for the three -year term expiring August 31, 2016, in an amount not to exceed $50,000 per school year. DISCUSSION The City of Santa Ana has been offering a water education program to Santa Ana schools for 17 years. This program has been developed for and made available to kindergarten through fifth grade students, through an agreement with the Municipal Water District of Orange County ( MWDOC). The educational services provided by MWDOC consist of school visits to give presentations, complete with visual aids and handouts. The program has been recognized for excellence, is well received by the schools in Santa Ana, and is a recognized component of Best Management Practices for ensuring acceptable levels of water conservation. In the 2013 -14 school year, 13,005 Santa Ana students participated in the MWDOC educational program - -the most in Orange County. MWDOC continued to provide education services during the 2013 -2014 school year, although the previous agreement had expired and had not yet been extended. The new three -year agreement term covers services already rendered in the 2013 -2014 school year, and includes the 2014 -15 and 2015 -16 school years, with annual compensation not to exceed $50,000 per year. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health 25M -1 Agreement with MWDOC to September 2, 2014 Page 2 Provide Educational Services and wellness of all residents), Strategy F (incorporate health and wellness into all applicable policies and plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Enterprise Quality and Measurement Fund (Account No. 06017644 62300). Edwin "William" G Ivez, P.E Interim Executive Director Public Works Agency EWG /NS /RR Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: A%\x�S�n x Francisco Gutierrez Executive Director Finance & Management Services Agency 25M -2 AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER- RELATED ISSUES THIS AGREEMENT, shall be effective as of the I" day of September, 2013, by and between the CITY OF SANTA ANA, a charter city and 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 kindergarten (K) through five (5), both public and private, within the city limits of Santa Ana, at least one (1) time per year. B. Educational services offered by MWDOC shall include, but shall not be limited to, classroom and assembly presentations, 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 shalt supply classroom materials, e.g., workbooks and stickers. 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. 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 $312 per student participating in the Traditional Assembly Program, $6.33 per student participating in the Keypad Assembly Program, and $17.0$ per student participating in the Water Quality MM Program during the 2013 -14 school year. These charges are subject to change in subsequent school years. A revised per - student charge for the 2014 -15 and 2015 -16 school years shall be provided to the CITY at least ninety (90) days before the end of each school year. B. Full and complete payment for all services provided in accordance with Us Agreement shall not exceed $50,000 per year. C. MWDOC shall invoice the CITY semi - annually in January and June, and the CITY will pay the fall amount due on an undisputed invoice within thirty (30) days of receipt of the invoice. 4. TERM A. This Agreement is effective as of September 1, 2013 and shall continue for a period of three (3) years through August 31, 2016. B. The CITY or MWDOC may terminate this Agreement by giving thirty (30) days written notice to the other party, as provided in Section 9 of this Agreement. 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 I(F) of this Agreement within thirty (30) days of such termination. 5. MISCELLANEOUS 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 stature, national origin, ancestry, disability, 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 25M -4 of or in connection with the provision of MWDOC °s services under this Agreement, resulting from the willful or negligent acts or omissions of its officers, agents, employees, representatives and/or volunteers, 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; 4. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by Past class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714- 647 -6956 Copies to: Public Works Agency —City of Santa Ana Water Resources Division 220 S. Daisy Ave., Bldg. A Santa Ana, California 92702 Facsimile: 714- 647 -3342 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 MWDOC: Municipal Water District of Orange County Attn: Robert Hunter, General Manager 18700 Ward Street Fountain Vatley, California 927028 25M -5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date hereinafter respectfully set forth. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director - PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager MWDOC: Municipal Water District of Orange County Robert Hunter General Manager 25M -6