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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. Page 1 of 8 muses Collab Template August 2023 FBMS # (FOP 11.2 A) I23ZCCOLLCSASAZII ARS # r2023ZC-130081 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 Page 2 of 8 MUSGS Collab Template August 2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZII ARS # [2023ZC-130081 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 Page 3 of 8 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 Page 4 of 8 mum FBMS # (FOP 11.2 A) f23ZCCOLLCSASAZ11 Collab Template August 2023 ARS # 12023ZC-130081 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/ Page 5 of 8 A-2023-175 M USGS Collab Template August 2023 FBMS # (FOP 11.2 A) 123ZCCOLLCSASAZI I ARS # 12023ZC-130081 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 Page 6 of 8 MUSGs Collab Template August 2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZI I ARS # [2023ZC-130081 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. Page 7 of 8 musts Collab Template August 2023 W. USGS' Role and Expertise FBMS # (FOP 11.2 A) f23ZCCOLLCSASAZI I ARS # r2023ZC-130081 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. Page 8 of 8 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