HomeMy Public PortalAbout11) 10A MOU with the San Gabriel Valley Council of Governments for Participation in the Coyote Management Implementation PlanAGENDA
ITEM 10 .A .
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE : August 20 , 2019
TO: The Honorable City Counc il
FROM : Bryan Cook , City Manage r
Via: Mic hae l D. Forbes , Community Development Di rector
By : Ash ley Avery , Management Analyst
SUBJECT: MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS FOR PARTICIPATION IN THE COYOTE
MANAGEMENT IMPLEMENTATION PLAN
RECOMMENDATION :
The City Council is requested to authorize the City Manager to sign and execute the
Memorandum of Agreement (MOA) (Attachment "A ") with the San Gabriel Valley Council
of Governments (SGVCOG) for participation in the regional Coyote Management
Implementation Plan .
BACKGROUND:
1. In early 2019 , SGVCOG created the Coyote Management Task Force to address
the increasing concerns of human -coyote co nta ct throughout the San Gabrie l Valley.
2. In July of 2019, the Coyote Management Task Force developed th e MOA for
Participation in the Coyote Management Imp lementation Plan . Th rough this
agreement , SGVCOG would serve as an entity to provide informational coyote
publi c outreach and education to residents , promote effective human-coyote conflict
mitigation strateg ies , and support a wild life reporti ng and response system .
ANALYSIS :
The coyote or Ca nis latrans is a ca nine native to North America and is widely distributed
thro ughout the co nti nent. Coyotes are a highly adaptable species and surv ive well in
human environments. Due to this adaptability, the native range of co yote s is rapidly
City Council
August20 , 2019
Page 2 of 3
expanding and they recently have begun to appear in heavily urbanized areas in the
United States and Canada. While coyotes have always been common in the San Gabriel
Valley , expanding urban development has in creased human and coyote interactions .
In order to address residents ' concerns about increased contact with coyotes , the
SGVCOG Coyote Management Task Force developed a Coyote Management
Implementation Plan . The MOA between the SGVCOG and the City of Temple City would
allow the City to participate in this plan and have the SGVCOG serve as an entity that will
manage and impleme nt a Coyote Management Plan on the City 's behalf.
The MOA term length will be for two years , from November 1, 2019 to October 3 1, 2021 ,
and may be extended by mutual agreement of both Temple City and SGVCOG . Through
this MOA , SGVCOG will be responsible for the following :
• Coordinating and implementing coyote town halls and community meetings .
• Coordinating and hosting co yote management workshops and conflict trainings .
• Conducting youth outreach and education programs for local schools .
• Coordinating to send mailers to neighborhoods with high numbers of human-
coyote encounters and incide nts .
• Managing a website or webpage that contains important and helpful informatio n
for residents and business regarding coyotes .
• Maintaining an online regional coyote in cident reporting system for residents .
• Developing and mainta ining a regiona l coyote reporting hotline .
• Coordinating with other agencies on coyote management efforts.
• Providing electronic files of outreach materials .
The cost of this service will be $20 ,000 for th e term of the agreement. The first $10 ,000
would be due upon execution of the agreement and the second payment of $10 ,000 will
be due July 1, 2020 . In addition to the cost of service , the City will also be expected to
participate in conference calls or meetings about the implementation of the Coyote
Management Plan , provide a meeting space for events or activities and assist with
outreach efforts related to this MOA.
City Council
August 20 , 2019
Page 3 of 3
CITY STRATEGIC GOALS:
Participating in the Coyote Management Implementation Plan with SGVCOG is consistent
with the City Strategic Goals of Good Governance, Public Health and Safety, and Citizen
Education and Communication .
FISCAL IMPACT:
The Coyote Management Implementation Plan will cost $20 ,000 in total for the two-year
term length of the agreement. The first $10 ,000 payment is due upon execution of the
agreement and the second payment will then be due on July 1, 2020.
$10,000 FY 2019-2020
$10,000 FY 2020 -2021
The Genera l Fund has surplus fu nding available for this MOA.
ATTACHMENTS:
A. Memorandum of Agreement between the San Gabriel Valley Council of Governments
and the City for Participation of Coyote Management Implementation Plan
ATTACHMENT A
MEMO RAN D UM O F AGREEMENT
B ETWEEN THE SAN GABRIEL VALLEY CO UNCIL O F
G OVERNMENTS AN D T H E C ITY OF TEMPLE CITY
F OR PART ICIPATION O F COY OTE M ANAGE MENT IMPLEMENTATION PLAN
T hi s Mem o rand um of Agreem ent ("M OA" or "Agreem e nt") is made as of XXX, 2019 by
and between the C ity of Temple City, a m un ic ipa l corpor at io n ("City"), and the San Gabriel Valley
Counc il of Gove rnm e nts, a Californ ia joi n t powers a uth ority ("SGVCOG"). C ity and SGVCOG
m ay be referred to here in co ll ectively as t he "Parties" o r ind ividua ll y as a "Party."
REC ITALS :
A. SGVCOG was esta bli shed t o have a unifi e d vo ice to max imize reso urces an d advocate
fo r region a l and m em b er interests to improve the qu a lit y of life i n the San Gabr iel Va ll ey
by the me m ber c iti es and oth er local gover nmenta l agenc i es .
B. C i ty seeks to p a rti c ipate in a Coyote Management Impl emen tat io n Plan that was
deve loped by th e SGVC O G Coyote M anagem e nt T a s k Fo rce.
C. Under the Coyot e Managem e n t Imp lement ation Pl an, SGVCOG wou ld serve as an entity
to provide information al coyote p ub lic out reach and educati on efforts, promote effective
human-coyote c on fl ict m it igat io n s trategies, a nd s upport a ro b ust w i ld life r eporting a nd
respo nse mechani sm o n beha lf of C ity .
D . City and S GV COG desi re to set fo rth the term s of t he i r ongoing collaboration with
res pect t o th is ef fort in th is MOA.
OW, T H EREFORE, the Part ies agree as follows:
I. TERM :
The term of thi s M OA sha ll co mme nce o n Novembe r I , 20 19 by t h e P arti es and sha ll
co nti nu e through Octobe r 3 1, 2021. T he te rm of thi s MOA m ay be extend ed by mutual written
agreem ent of the P a rt ies.
II. RES PO NS JBIL T IES O F THE PA RT IES:
A. SGV C O G.
SGV C O G wi ll :
I . C oordina te and imp lem e nt coyo te town ha ll s and communi ty meetings.
2. C oordinate and h ost coyote m a nage m e nt worksh ops and confl ict trai n ings.
3. Conduc t you th outreach and e d uca ti on p rograms for local schools.
4. Coordin ate to send m a ile r s t o neig hbo rho od s w ith h igh nu m bers o f human-
coyote e nco unt er s a nd in c id e nt s.
5. M an age a web si t e or w e bpage th at co ntai ns import an t and he lp ful informati o n
fo r resi dents a nd b us in esses regard ing coyotes.
6. Ma inta in a n onl ine reg ional co yote inc ident reporting syste m for residents of
City.
7. Develop and maintain a re g io nal coyote reporting hotline.
8. Coordinate w ith the California D epartment of Fish and Wildlife, the Coun ty
of Los Angeles, a nd othe r relevant external stakeho ld ers on re g ion al coyote
management efforts.
9. Provide electronic file s of coyote marketing and outreach material s .
10. Manage all invo icin g and billing.
11. Submit two invoices t o th e City, a total of $20,000 over th e span of two
co nsecuti ve years as foll ows:
13.1 The firs t in vo ice w ill be due upon execution of th e agre ement fo r
fift y percent (50%), w hich is $10,000 , of the to tal an1o unt.
14.1 The seco nd a nd final in vo ice for the remaining amount will be
submitted o n July I , 2020 for a total of $10,000.
B. C it y.
C it y w ill :
I . Participa te in coord in a ti on calls and meetings with all parties throughout the
implementati on of the Coyote Management Impl ementation Plan.
2. Provide a point-of-contac t with the name, titl e, and contact in fo rm ation of the
indi v idua l. I f the point-of-contact is reassigned or no lo n ger with the C ity, a
new p o int-of-contact must be desi g nated within fi ve (5) bus in ess days.
3 . Assi s t with the coordination of coyote town halls, community meetings,
coyot e managem e nt wo rk s h ops, co nflict trainings, m ai lers, soci al media
o utreach, and youth outreach and e ducation programs.
4. Provide municipal meet in g space o r venue for events and ac ti v ities re lat ed to
thi s MOA and other events re lat ed to the Coyote Management Im plementation
Plan.
5. Pay all in voices submitted b y SGYCOG w ithin thirty (30) d ays.
Ill. PROJECT MANAGEMENT:
A. Project Managers.
1. For the purposes o f thi s MOA, GYCOG des ignates the followin g indi v idua l
as it s Proj ect Manager: A lexander Fung, Management A na lyst.
2. For the purposes of thi s MOA, the City des ig nates the fo ll owing individual as
it s Proj ect Manager: (na me)
Ei th e r p arty m ay c han ge th e designations set forth herein upon written notice to
th e Other P a rt y.
IV. DEFAULT; REMEDIES :
A. Defau lt. A .. Default" under this MOA i s defined as any one or m o re of the
following: (i) failure of either Party to co mply w ith the tem1 s and condi ti on s
co ntained in thi s MOA ; a nd/o r (ii ) fa ilure of e ithe r Par1y to perform its
obli gations set forth he re in satisfactorily.
B. Remedies. In the event of a Default by ei ther Party, the non-defaulting Party
will provide a written notice of such Default and t h irty (30) days to cure the
Defau lt. In the event that th e d efau lting Party fa il s to cure the Default, or com mit
to cure the Default and commence the same within s uch 30-day period and to the
satisfacti on of the non-defaulting Party, the non-defaulti ng Party may term inate
thi s MOA. Such termination shall be effective immediately. The remedies
described herein are non-exclus ive. In the event of a Defaul t by City the
GVCOG s hall have the ri ght to seek any and all remedies available at la w o r in
equit y.
V. TERMINATION:
A. Th is MOA may be terminated by either Party at any time, with or without cause,
by providing written notice of termination t o the other Party. Such termination
wi ll be effective thirty (30) days after s uch no tice is receiv~d.
B. If C ity t e rminates this MOA pri or to the completion of th e Coyote Management
Implementation Plan, SGVCOG will invoice City for any costs incurred that
exceed the amount initi a ll y included in the initial invoice. Total bi ll able cost s hall
not exceed th e to ta l project budget.
VI. INDEMNIFICATION:
A. C ity agrees to defend , ind emni fy, a nd hold free and harmless th e SGVCOG, its
e lect e d a nd appointed board s, o ffi cia ls, officers, agents, e mpl oyees, members, and
vo luntee rs , at City's so le expense, from and aga in st any and a ll c laims, act ions,
s uits, or other legal proceedings brought against the SGVCOG, its elected and
appointed boards , officia ls, officers, agents, employee members, and vo lunteers
aris ing out of or relating to the acts or om issions of City in connection with this
Agreement.
B. SGVCO G agrees to defend, inde mni fy, and hold free and harmless the City, its
elected officials, officers, agents , e mployees, and volunteers , at SGVCOG's so le
expen se, from and aga ins t any and a ll claims, actions, suits, or other lega l
proceedings brought against th e City, its elected officials, officers, agents,
employees, and voluntee rs arising out of or relating to the acts or omissions of
SGVCOG in connection w ith thi s Agreement.
VII. INSURANCE:
A. C ity and SGVCOG shall m ai ntain and keep in full force and effect during the te rm
of thi s MOA insurance o r a program of self-ins urance against c laims fo r injuries
to persons o r damages to property which may arise in connection with City's o r
SGVCOG 's performance of it s obligatio ns hereunder.
VIII. OTHER TERMS AND CONDITIONS:
A. Notices . All no t ices required or permitted to be given under this Agreement sh a ll be
in writi ng and shall be pe r sona ll y delivered, or sent b y electro ni c mai l o r certified
m ai l, postage prepaid an d return receipt r e qu est ed, addressed a s fo ll ows:
To SGVCOG:
w ith a copy to:
To C ity :
w ith a co py to :
A lexand e r Fung
Management Analyst
1000 S. Fremont Avenue , Unit 42
Building A-10 , Suit e 10-210
Alhambra, CA 91803
(626) 457-18 00
kward@s gvcog.o r g
Marisa Creter
Executi ve Directo r
I 000 S. F rem ont Avenue, Un it 42
Bu il di ng A -1 0 , Suite I 0-210
Al hambra, CA 91803
(62 6) 457-1800
mcreter@sgvcog.org
Nam e
Title
Address
Phone Number
E -mail Address
Nam e
Title
Address
Pho ne N umber
E-mail Address
B. No Partner sh ip . This Agreem ent is n ot intended to be, a nd shall not be construed as,
an agreement to form a partnership, agency relations h ip, or a joint venture between
the Parties. Except as o th erwise s pecifica ll y provid ed in the Agree me nt , neither Party
s h a ll be a uthor ized to act as a n agent of or otherwi se to represent th e other Party.
C. E ntire Agre e m ent. T hi s Agreem e nt constitutes the e nti re unders tanding between th e
parties with respect to th e s ubj ect matte r he re in and supe rsedes any and all oth er
p r ior writings and oral negotiati o ns. T his Agreement m ay be modified only m
wri ting, a nd s igned by the pa rties in interest a t the time of s uch modification.
D. Governing Law. This Agreement shall be governed by and construed under
Califo rnia law and any app lica b le federal law w ithout giv in g effect to that body of
laws pertaining to co nfli ct of laws. In the event of any legal acti on to enforce or
interpret t hi s Agreement, the Parti es here to agree that the sole and exclusive venue
s h a ll be a co urt of comp et ent juris di cti on located in Los Angeles County, Cali fo rn ia.
E . Attorn eys' Fees. In th e event th a t there is an y litigatio n or oth e r legal proceed ing
bet ween t he Part ies in co nnecti o n wi th this Ag reeme nt, each party sh a ll bear it s o wn
costs and ex p en ses, inc lud ing a tto rneys ' fees.
F. Excusa b le D e lays. ei th er Party he r et o shall be co ns idered in defau lt in t he
performance of its obligat io n s her eunder to the ex te nt that t he performance of any
such obligati on is prevented or de layed by unfo reseen causes includi ng acts of God,
floods , earthquakes, fi res, act s of a pu blic enemy , and government acts beyond th e
contro l a nd w itho ut fa u lt o r neg li ge nce of the affected Party. Each P art y heret o s ha ll
g ive no t ice pro m p t ly to t he o the r o f the na ture a nd exte nt of an y s uc h c ircumstances
c la im ed to de lay, hi nd e r, o r prevent p erfo rmance of a ny o b li gat io ns und e r thi s
Agreem ent.
G. Waiver. Waiver by any P arty t o thi s Agreement of any term, co nd iti o n, or covenan t
of th is Agreeme nt shall no t constitute a waiver of any other te rm , condition, o r
covenant. o wai ve r of an y provis io n of this Agr eement sh all be effective unJess in
writing and si gned by a d u ly a uth ori zed represe ntative of th e party again st whom
e n fo rcem e nt of a waiver is sought.
H. H ead in gs. The secti on headings containe d in thi s A greem e nt a re for co n venience and
identifi cati o n only and s ha ll no t be d eem e d to l imit o r defin e the co ntents to w hi c h
t hey re late.
I. Ass ignment. Neither party may assign its interest in t h is Agreeme nt , or any part
thereof, w it ho ut the prio r writte n consent of t he o th e r party. Any assignment witho ut
conse n t s h a ll be void and un e n forceab le.
J. Severability. If a n y prov is io n of thi s Ag reement is he ld by a co urt of co mp et e nt
j u risdi ctio n to be in va lid , vo id , or une nforcea bl e, th e re m a ining provi sions sha ll
neverthe less con t inue in fu ll fo rce w itho ut bein g impa ire d or in vaJi da te d in an y way .
K . Authority to Execute. T he pe rso n execu t ing th is Agreem e n t o n be half of the Parties
warrant th a t th ey are d ul y a ut ho ri zed to execut e thi s Agreeme nt on beha lf of said
P arti es, and th a t by doing so th e Parties are fo rmally b ound to th e p rov is ion s of thi s
Agreeme nt.
IN WITNE SS WH EREOF, the parties hereto ha ve caused this Agreement to be
e xecuted as of the day and year first above written.
FOR THE CITY OF TEMPLE CITY
By: __________ _
XXX
City Manager
Date: -----------
ATTEST:
C ity C lerk
APPROVED AS TO FORM:
XXX
City Attorney
FO R THE SAN GABRIEL VALLEY
COUNC IL OF GOVERNMENT S
B y: ------------Marisa Crete r
Executive Dire cto r
D ate: -----------
ATTEST:
Mari sa Creter, Secretary
APPROVED AS TO FORM:
General Counsel