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HomeMy WebLinkAbout25F - AGMT - ECOLOGICAL RESOURCE CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 16, 2013 TITLE: AGREEMENT WITH U.S. GEOLOGICAL SURVEY WESTERN ECOLOGICAL RESOURCE CENTER AT THE SANTA ANA ZOO i CI Y MANAGER APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute a five year agreement and permit with the U.S. Geological Survey Western Ecological Resource Center (USGS), subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Zoo at Prentice Park mission statement is "To instill a passion for the natural world through education, recreation and conservation". Without successful partnerships, the Santa Ana Zoo could not fully achieve its mission. By partnering with the Association of Zoos and Aquariums (AZA), schools, local residents, and non-profit organizations, the Zoo is able to enhance its ability to provide animal care and Zoo education opportunities. The partnership with the local field station of the USGS will help the Zoo meet its goal of providing viable conservation programs as required by AZA. As a result of this partnership, the Zoo will become the home office for the area's field biologists and several other researchers. USGS will be housed in a mobile office near the Zoo administrative offices and they will pay for the mobile office lease and all utilities. USGS will have access to the Zoo's education classrooms to teach habitat restoration workshops and to present wildlife lectures. USGS will also be able to provide their services and expertise on water and life support systems at the Zoo and ponds throughout the City, thereby saving money on outside consulting fees. Zoo visitors and the community will benefit from the increased education programs and local conservation efforts provided by the USGS at the Zoo. The USGS serves the nation by developing reliable scientific information used to promote wise management of the nation's natural resources that promotes the health, safety, and well-being of the people. Due to the diversity of environments and natural resource issues within Southern California, the USGS and Zoo have a mutual and evolving interest in cooperative research projects and operational programs in the area of environmental sciences. This agreement will be for a five-year term with both organizations exchanging in-kind services only. 25F-1 USGS Agreement September 16, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency GM/EF/sc Exhibit: 1. Agreement 2. Permit 25F-2 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 day of , 2013 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, on behalf of the Santa Ana Zoo at Prentice Park (hereinafter referred to as SAZOO). ARTICLE I. JUSTIFICATION FOR ENTERING INTO THIS MOU A. The MOU between the U.S. Geological Survey, Western Ecological Research Center (USGS-WERC) provides that the agencies will participate in the establishment of the facilities on SAZOO premises. B. SAZOO wishes to manage its research, education, and outreach program at SAZOO. USGS-WERC has the staff, expertise, and equipment to conduct some of the proposed research. C. 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. D. 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. ARTICLE III. STATEMENT OF WORK A. WERC agrees to: Cooperate with the SAZOO to identify, prioritize and coordinate research activities necessary to address conservation needs. Page 1 of 6 018 1 2 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 Game, and other federal, state and local regulations affecting the programs offered pursuant to this Agreement. 4. Work closely with SAZOO staff with active research programs of the Principal investigators, currently Robert Fisher and Erin Boydston, and their field assistants. 5. Provide SAZOO opportunities for discussion of WERC research directions. 6. Develop and review proposals for research and monitoring activities to be carried out in and around Orange County. 7. Provide SAZOO with research results and other available natural resource information relevant to resources management as available and appropriate. 8. Maintain files on current and past research activities that involve SAZOO. 9. 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. 10. Assure the adherence of WERC staff to the guidelines and requirements identified by SAZOO as applicable to research activities conducted in surrounding SAZOO lands. 11. Designate a representative from WERC to act as liaison between WERC and SAZOO to receive communications regarding conduct of studies and activities. 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, staff housing, 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. Page 2 of 6 26F 41 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. ARTICLE IV. TERM OF MOU This MOU shall continue in effect for a period of five (5) years from the last signature date of both parties, unless earlier terminated pursuant to Article VI. This Agreement may be renewed by mutual agreement of the parties. ARTICLE V. NON-FUND 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. Page 3 of 6 PA., 1 ' 2-15 ARTICLE VI. KEY OFFICIALS Key officials for the administration of this MOU shall be: SAZOO: Kent Yamaguchi, 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 Gerardo Monet, Executive Director PRCSA 26 Civic Center Plaza (Main Library, 2"d Floor) Santa Ana, CA 92702 714-571-4200 WERC: Scott Schwab, Administrative Officer (Acting) Western Ecological Research Center 3020 State University Drive East Modoc Hall, STE 3006 Sacramento, CA 95819 (916) 278-9488 Robert N. Fisher, Principal Investigator (PI) Western Ecological Research Center 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 VII. TERMINATION Either party may terminate this Agreement by providing one hundred twenty (120) days written notice to the other party. Page 4 of 6 I 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. City shall protect, defend, indemnify and save and hold harmless WERC, its 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 City's performance of this Agreement 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 City, its officer, agents (except WERC, its employees, agents or subcontractors) or employees. ARTICLE IX. INSURANCE WERC is a self-insured entity. ARTICLE X. MISCELLANEOUS PROVISIONS a. 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. b. 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. C. 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. d. 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. e. 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 5 of 6 25FUT I 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director - Parks, Recreation And Community Services Agency CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager U.S. GEOLOGICAL SURVEY STEVE SCHWARZBACH WERC Center Director Page 6 of 6 5F -1391 1 No: MP-570 Permit for Environmental Science Studies with United States Geological Survey, Western Ecological Research Center The undersigned, City of Santa Ana, a charter city and municipal corporation, hereinafter referred to as "Permitter", hereby grants to U.S. Department of the Interior, Geological Survey, Western Ecological Research Center, hereinafter referred to as "Permittee", permission for the installation and operation of an office and laboratory trailer and equipment, approximately 1,440 square feet, for the purpose of conducting environmental science studies in the furtherance of Ecological Research. This Permit is given for the consideration mentioned below, and with the following conditions and understandings: 1. This Permit gives permission to use the equipment described above, on land owned by Permitter, more particularly described as a''/z acre ofthe real property at 1801 East Chestnut Avenue, Santa Ana California. 2. This Permit is for a period commencing on or about October 1, 2013 and continuing through September 30, 2018 inclusive. Either party may terminate this Agreement at any time on or after October 1, 2014, by giving at least 120 days notice in writing. 3. Permitter agrees Permittee will pay no money ($0.00 annual compensation) for the use of the described property. 4. While the office/laboratory trailer is in place, the project personnel require 24/7 access to the site. 5. Permittee, or Permittee's agents, shall have the right of access to enter upon the foregoing premises; (1) to transport onto said premises such equipment, tools, supplies, and materials as it may require in conjunction with its activities; (2) and to work with or upon, construct, use, inspect, maintain, adjust, repair, replace, protect, move and remove any and all said equipment, tools, supplies, and materials. 6. All equipment placed by Permittee on the permitted premises shall be and remain the property of Permittee. Permittee shall have the right to remove any or all of its equipment, instrumentation and other property at any time. 7. In operating and maintaining its equipment and station, and in all other operations on the premises, Permittee shall use reasonable care and diligence and shall perform all work in a proper and workmanlike manner and so as to interfere as little as possible with other activities or uses to which the land may be put, and to avoid damage to the land, property, or personnel of Permitter. 8. To the extent practicable, Permittee shall confine its travel to established roads in order to avoid interference with other activities. 9. All gates used by Permittee shall be kept closed and locked, except when necessarily opened for actual passage or as required for routine Permitter operations. i Permit No. MP-570 E BI 25r-§ 10. Penn inee agrees to obtain, at its expense and own effort, any and all Permits, Licenses, Insurance, or other necessary authorities required for installation, operation or maintenance of its office/laboratory trailer and equipment. 11. Permittee agrees to conform to reasonable requirements as may be set forth by Permitter or Permitter's agent during the time of this Permit. 12. Permittee will pay for all materials placed upon, joined or affixed to said premises by or at the instance of Permittee and will pay in full all persons who perform labor upon said premises at the instance of Permittee, and will not suffer or permit liens of any kind or nature to be levied against said premises for any work done or materials furnished thereon at the instance or request of Permittee. 13. Permitter will not be held responsible for loss of, or damage to, equipment installed on the property by Permittee. 14. Each party agrees to comply with all local, state and federal laws and lawful regulations which are applicable to their respective operations hereunder. 15. The United States Geological Survey agrees to cooperate in the submission by Permitter or third parties of claims against the United States Geological Survey pursuant to the Federal TortClaims Act for personal injury or property damage resulting from the negligent act or omission of any employee of the Government acting in the course of his or her employment, arising out of this agreement. (28 USC §I346(b), 2671, et se o.) 16. Any notice or demand required or permitted to be given or made hereunder shall be sufficiently made or given by certified mail, or express carrier such as UPS or FedEx, postage prepaid, and addressed: in the case of Permitter to: City of Santa Ana Santa Ana Zoo 1801 East Chestnut Avenue Santa Ana, CA 92701 in the case of Permittee to: U. S. Geological Survey, MS-225 345 Middlefield Road Menlo Park, California 94025-3591 17. Any such notice or demand shall be deemed to have been given or made one day after deposited in the United States Post Office, or with an express carrier. Permitter and Perm ittee may designate any other address for this purpose by giving written notice to the other party. 18. Upon the expiration or termination of this Permit, including any renewals or extensions thereto, Permittee shall promptly remove any and all of its equipment within 30 days of notification, leaving the site neat and clean, and shall restore the premises as nearly as practicable to the condition at the start of this permit. 2 Permit No. MP-570 EXHIBIT 2 25F-10 19. No revision to this Permit shall be valid unless made in writing and signed by Permitter and Permittee (or their authorized agent.) 20. Permitter agrees to provide four (4) parking spaces designated as parking spaces for said Permittee's vehicles. Permitter agrees to provide additional parking for Permittee staff at no cost in Permitter public parking area. 21. Permitter agrees to provide space within 100 feet of Permittee trailer for placement of one steel storage container up to 40 feet in length. 22. Enclosed site map depicting the approximate location proposed for the office/lab trailer, attached hereto as Exhibit A, is made a part of this Permit. 3 Permit No. MP-570 EXHIBIT 2 25F-11 IN WITNESS WHEREOF, the parties hereto have caused this Permit for Environmental Science Studies Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: "Permitter" CITY OF SANTA ANA Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Kevin O'Rourke Interim City Manager "Permittee": U.S. Dept. of the Interior Geological Survey Gerardo Mouet, Executive Director Norman Lee, Space Leasing Contracting Officer Parks, Recreation and U.S. Geological Survey Community Services Agency Permit No. MP-570 EXHIBIT 2 25F-12 N r > Q Q r` 0 N r- 7 C3) Ln o S Q a N ? CJ 2 Q m - as U Z Q Cp mLL Q w X o o W U) to tl T N C D U m d C 0:y O 'o Uf i I-aA I v: n T C D V1 N `? SEE %n MaD?jry N Lyon St Elk Ln 142 S Lyon St sy? 25F-13 N a C4?k l n u m 0 M J c a v ? ? i U Cpv d C ? 9b O? Y [ -t ?!? f:ncarn ' O '- L 1 W C < o Con4?el ? ¢ r X+ N r i v o Z m ' = ?Qa? E i v c a °m n5 m y S Lyon St 0 aM Y a NG T EXHIBIT A - INSET 6 Permit No. MP-570 EXHIBIT 2 25F-14 1?