Loading...
HomeMy Public PortalAbout08) 7E MOA with the SGVCOG for Participation in the Coyote Management Implementation PlanDATE: TO : FROM : MANAGEMEN T SERVICES DEPARTMENT MEMORANDUM October 15 , 20 19 The Honorable City Council Brya n Cook , City Manager By : Ashley Avery , Management Ana lyst AGENDA ITEM ?.E . SUBJECT: MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALL EY COUNCIL OF GOVERNMENTS FOR PARTICIPATION IN TH E COYO T E MANAGEMENT IMPLEMENTATION PLAN RECOMMENDATION: The City Council is requested to authorize t he C ity Manager to sign and e xec ute t he Memorandum of Agreement (MOA) (Attachment "A") w ith the San Gab r ie l Va l ley Council of Gove rn ments (SGVCOG) for participation in t he reg iona l Coyote Ma nagement Imp lementation Plan . BAC KGROUND : 1. In early 2019 , SGVCOG created the Coyote Management Task Fo rce to add ress the increas ing concerns of human-coyote contact thro ugho ut the Sa n Gabriel Va lley. 2 . In July of 20 19 , t he Coyote Management Task Force developed the MOA for Partici pation in the Coyote Management Imp lementation Plan . Through this agreement, SGVCOG wou ld serve as an entity to prov ide i nformationa l coyote publ ic outreach and education to residents , promote effective huma n-coyote conflict mitig at ion strategies , and support a wildlife reporting and response system . 3 . On Octobe r 1, 2019 , a representative of SGVCOG presented i nformation (Attachment "B") about the MOA and the services that would be ava il able to the City . City Council then directed staff to bring the Coyote Management Implementatio n Plan MOA back to the follow ing meeting on October 15 , 2019, for approval. City Council October 15, 2019 Page 2 of 3 ANALYSIS: The coyote or Canis Jatran s is a canine native to North America and is widely d istributed throughou t the continent. Coyotes are a highly adaptable species and surv ive well in human environments . Due to this adaptability, the native range of coyotes is rapidly expanding and they recent ly have begun to appear in heavily urbani zed areas in the United States and Canada . While coyotes have always been common in the San Gabriel Valley , expanding urban development has increased 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 Temp le City would a llow the City to partic i pate in this plan and have the SGVCOG serve as an entity that will manage and implement a Coyote Management Plan on the C ity 's behalf. The MOA term length will be for two years , from November 1, 2019 to October 31 , 2021 , and may be extended by mutual agreement of both Temple City and SGVCOG. Through this MOA, SGVCOG will be respons ib le for the following : • Coord inating and implementing coyote town halls and community meetin gs . • Coord inating and hosting coyote managem ent 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 incidents . • Managing a website or webpage that contains important and helpful i nformation for residents and business regarding coyotes . • Maintaining an online regional coyote incident reporting system for res idents . • Developing and mainta ini ng a regional coyote reporting hotline . • Coordinating with other agencies on coyote management efforts . • Providing electronic files of outreach materials . The cost of this service w ill be $20 ,000 for the term of the agreement. The first $10 ,000 would be due upon execution of the agreement and the second payment of $10 ,000 will City Council October 15 , 2019 Page 3 of 3 be due July 1, 2020 . In addition to the cost of service , the City will also be expected to participate in conference ca lls 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 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 Citize n 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 General Fund has surplus funding available for this MOA. ATTACHMENTS: A. Memorandum of Agreement between the San Gabriel Valley Counci l of Governments and the City for Participation of Coyote Management Imp lementation Plan . B. SGVCOG Coyote Management Plan Presentation to City Council -October 1, 2019 ATTACHMENT A MEMORANDUM OF AG REEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AN D THE CITY OF TEMPLE CITY FOR PARTICIPATION OF COYOTE MANAGEMENT IMPLEMENTATION PLAN This Memorandum of Agreement ("MOA" or "Agr eeme nt ") is made as of October 15 , 20 19 by and between the City of Temple City, a municipa l corporation ("City"), and the San Gabri e l Valley Coun c il of Governments, a California joint powers authority ("SGVCOG"). City and SGVCOG may be referred to herein co ll ectively as the ''Parties" or individually as a ·'Party." RECITALS: A . SGVCOG was estab li shed to have a unified vo ice to max imi ze resources and advocate for regiona l and member in terests to im prove the quali ty of li fe in the San Gabriel Vall ey by th e member c it ies and other local governmental agencies. B . City s eeks to participate in a Coyote Management Implementatio n Plan that was developed by the SGVCOG Coyote Management Task Force. C. U nder the Coyote Management Implementation Plan, SGVCOG wo u ld serve as an entity to provide informational coyote public outreach a nd education efforts, promote effective human-co yote conflict mitigation str ateg ies, and s upport a robust w ildli fe reporting and r esponse mechanis m on behalf of C it y. D. City and SGVCOG desire to set forth the terms of their ongo ing collaboration with respect to th is effort in this MOA. NOW, THEREFORE, the Parties agree as follows: I. TERM: The term of thi s MOA s hall commence on Novembe r 1, 2019 by the Parties and sh all continue through October 31, 202 1. Th e t e rm of thi s MOA m ay be extended by mutual written agreement of the Parties. II. RESPONS IBILTIES OF THE PARTIES: A. GVCOG. SGVCOG w ill : I . Coordin ate and i mpleme nt coyote town hall s and community meetings. 2 . Coord in ate and host coyote management wo rk s hops an d confl ict trainin gs. 3 . Conduct yo uth outreach and education programs fo r local schools . 4 . Coord in ate to send mailers to neighborhoods with high numbers of human - coyote encounters and incidents. 5 . Manage a webs ite or webpage that conta ins important and helpful information for residents and bus in esses regard ing coyotes. 6 . Maintain an onli ne regional coyote inc id ent reporting system for re sidents of C ity. 7. Develop and m a intain a region a l coyote re po rt in g h otline. 8. Coordinate with th e C alifo rni a D e partment ofFis h and Wi ldli fe, the County of Lo s Ange les, a nd o th er re le v ant externa l s takeh o lders o n regional coyote managem ent effo rts. 9. Pr ovide e le ctro ni c fi les of c oyote m ar ke ting and o ut reach m a te r ials. 10. Man age a ll in vo ic in g a nd bi ll ing. 11. Su bmi t two invo ices to th e C it y, a t ot a l o f $20,000 over th e span of two co nse cuti ve yea rs as fo ll ows: 13 .1 The fir s t i nvo ice w ill be due up o n executi o n of the agreem e nt fo r fift y pe rcent (5 0%), w hi c h is $10,0 00 , of t he total a m o un t. 14 .1 T he second a nd fin a l in voice fo r th e re m a in ing am ount w ill be s ubmitted o n Ju ly 1, 2020 fo r a total of $10,000. B. C ity . C ity wi ll : 1. Partic ipate in coordination calls a nd me etings with a ll part ies througho u t th e imp leme nt at io n of the C oy ote M an agement Imp le m e nta t io n Plan . 2. P rov ide a po in t-of-cont ac t w ith th e name, titl e, and con tact informa ti on of the ind iv idua l. If the p o in t-of-contact i s r eass ig ne d o r no lo nger w i t h the City, a ne w po int -o f-co nta ct mu st be des igna te d within five (5) bus in ess days . 3 . Assi s t w ith th e coo rd in a tion of coyot e to wn h a ll s, communi ty meetings, coyote management w o rk s ho ps, conflict tra inin gs, m a ile rs, social m edia outreac h , an d yo uth o utreach a nd e du c atio n p rogr am s. 4 . Prov ide muni c ip al meetin g space or venue fo r events a nd acti vities re lated to thi s MOA an d o th e r events re la ted t o the Coyote Managem e n t Im p lementatio n Pla n . 5. Pay a ll in vo ices s ubmitte d by SGVCOG w ith in thirty (30) days . Ill . PRO JECT MANAGEMENT : A. P ro ject Mana ge rs . 1. F o r th e purposes o f t hi s MOA, SGVC OG des ign a tes th e fo ll owing individual a s it s P roj e ct M anager: A lexan der Fung, M an age me nt A na lys t. 2 . For the purposes o f th is MOA , th e C ity desi gnates the fo ll owin g ind iv id ual as it s P roj ect Man ager: A s h ley Avery, Manage me nt A n alys t. Eithe r party may c han ge t he d esig n at io ns set fort h he re in upon wri tten notice t o t he O t he r P arty . IV . DEFAULT; R EME DI ES : A. Defa u lt. A "D efault " unde r thi s M O A is d e fin ed as an y o ne o r mo re of th e fo ll o w ing : (i) fa ilure o f e ith e r Pa rt y to com p ly wi th th e t e rm s and cond itio n s co nta ined in thi s M OA; and/o r (i i) fa i lure of e ith er P a rt y to p erform it s obligation s set forth herein satisfactorily. B. Remedies. In the even t of a Default by either Party, the non-defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Defau lt. In the event that th e d efau ltin g Party fails to cur e the Default, o r commit to cure th e D efau lt and commence th e same within such 30-d ay period and to the satisfactio n of the non-defau lting Party, the non-de fault in g Party m ay tetminate th i s MOA. Such term ination shall be effective immediately. The remedies describ ed here in are non-exc lu sive. In the event of a Defau lt by City, the SGVCOG shall have t he ri g ht to seek any and a ll r emed ies avai la bl e at law or in equity. V. TERMINATION: A. T hi s MOA may be terminated b y either Party at any time, w ith or without cause, by prov iding written notice of termination to the other Party. Such termination wi ll be effective thirty (30) days after such notice is received. B. If Ci ty terminates thi s MOA prior to the completion o f the Coyote Management Imple m entation Pl an, SGVCOG will invoice C ity for any costs incurred t hat exceed th e amou nt in itiall y inc luded in the initi a l in voice. To ta l bi ll ab le cos t shall not exceed th e total p roject bud ge t. VI. INDE MNIFICATION: A. C ity agrees to defend, ind e mni fy, and hold free and hatm less the SGVCOG, its elected and appo inted boards, officials, officer s, agents, employees, members, and vo lun teers, at City's so le expense, from and against a ny a nd a ll claims, act ions, suits, o r other le gal proceedings brought against the SGVCOG , its elected and appo inted board s, offic ia ls , office rs, agent s, employee members , and volunteers ari s ing out of or relating to the acts or omissions of City in connection with this Agreement. B. SGVCOG agrees to defe nd , i ndemnify, and ho ld free and harmless the City, i ts e lected official s, officers , agents , emp loyees, and voluntee rs , at SGVCOG's sole expense, fr o m and again s t an y and a ll c laims, actions , suits, or other legal proceedings brought again st th e City, its el ect ed offic ia ls, officers, agents , emp loyees, and vo lunteer s aris in g o ut of or re lating t o the acts o r omissions of SGVCOG in connectio n w ith thi s Agreement. VII. INSURANCE : A. City and SGVCOG shall m aintain and keep in full force and effect during the term of thi s MOA insurance or a program of self -insurance a gainst claims for injuries to persons or damages to property which may arise in connection with City's or SGVCOG's performance of it s ob li gation s hereunder. VIII. OTHE R TERMS AND CONDITIONS : A. o tices. A ll noti ces required o r p e rmitted to be g iven under this Agreement shall be in writing and s hall be pe r so na ll y delivered, o r sent by e lectro nic mail or certified mail , pos tage pre pa id a nd return receipt requested, addressed as follows: To SGVCOG: w ith a copy to: To C ity: with a copy t o: A le xander rung M a nagement Analyst 1000 S. Fremont Avenu e , Unit 42 Bui ld ing A-10 , Suite 10-2 10 Alhambra, CA 91803 (626) 4 57-1800 kward@sgvcog.org Ma risa Creter Executive Directo r 1000 S. Fremont Avenue, U nit 42 Bui lding A-ION, Sui te 10 -210 A lham bra , CA 91803 (626) 457-1800 mcret er@sgv cog.org Ashl ey A very M anagement Ana ly st 970 I Las Tunas Drive Temple C it y , CA 97 180 (626) 285-2171 a a ve ry@t em pI eci ty. us Bryan Cook C ity Ma nager 970 I Las Tunas Drive Tem ple C ity , CA 91780 (626) 2 8 5-2 17 1 bcook@ te mp lec ity. us B . o Partners hip. This Agreement is no t inte nd ed to be , and sha ll n ot be construed as, a n agreement to form a partnership , agen cy re lationship, o r a joint venture between the Pa rti es. Except as oth erwise s pecifica ll y prov id e d in the Agreement, neither Party s hall be a uthori zed to act as an agent of or oth e rwi se to represent the other Party . C. E ntire Agreement. This Agreement cons titutes t he enti re unde rstanding between th e parties w it h resp ect to the s ubj ect matter herein and supersedes any and all other prior writ ings and o ral nego tiation s. T hi s Agreement may be m odified only in w ritin g , and s ig ned by th e pa rti es in interest at t he time of s uc h m od ifi cati on. D. Governing L aw. Thi s Agreement s hall be governed by and construed under Californ ia la w and any applicable federal law w i thout g iving effect to that body of laws perta ining to conflict o f laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto agree that the so le and exclusive venue s hall be a court ofcompete ntjuris diction located in Los Angeles County, California. E. Atto rneys' Fees. In th e event th a t there is any litigation or ot he r legal proceed in g between the Parties in connecti on with th is Agreement, each part y shall bear its own costs a nd expenses, including attorneys' fees. F. Excusable D elays. e ither Party hereto s ha ll be considered in default in the pe r for mance of it s obli gations he reunder to the extent tha t th e performance of any such o bli gati on is prevented o r delayed by unforeseen causes includin g acts of God, floods , earthq uakes, fi res, act s of a public e nemy, and government acts beyond the control and without fau lt o r neg ligence of the affected Party. E ach Party hereto shall give notice promptly to th e o th e r of the nature and extent of any such ci rcumstances c laimed to delay, hinder, or prevent performance of any ob ligations under this Agreement. G. Wai ver. Waive r b y a ny Party to thi s Agr eement of any term , condition, or covenant of this Agreement shall not co n sti tute a wa iver of any other te rm , co nditi on, or covenant. No waiver of a n y provision of this Agreement shall be effective unless in writing and s ig n ed by a duly a uth orized representati ve of the party against whom enforcement of a waiver is sou ght. H. Hea dings. The section headi ngs conta ined in thi s Agreement are for convenience and id e ntification only and s hall no t be deemed to limit or define the contents to which they relate. I . Assignment. Neither party may assign its int ere st in thi s Agreement, or any part thereof, w ithout the prior written co n sent of the other party. Any assignment without consent s ha ll be vo id a nd un e n forceable. J. Severability . If any provisio n of thi s Agreement is held by a cou rt of competent juris diction to be inva lid , vo id , o r unenfor ceab le , the rem a in in g provisions s hall nevertheless con tinue in full fo rce w ithout be ing impaired o r invalidated in any way. K. Autho rity to Execute . The person executing this Agreem e nt on behalf of the Parties warran t that th ey ar e du ly a utho ri z ed to execute thi s Agreement on behalf of said Parties, a nd t ha t by d o in g so the Parties are fo rm ally bound to the p rovis ions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. FOR TH E C ITY OF TEMPLE CITY By: ----------------------Bryan Cook City Manager Date: --------------------- ATTEST: City C lerk APPROVED AS TO FORM : Gregory Murphy C i ty Attorney FOR THE SA GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: ______________________ __ Marisa Creter Executive Director Date: ----------------------- ATTEST: Mari sa Creter, Secretary APPROVED AS TO FORM: General Counsel ATTACHMENT B ATTACHMENT 8 i-SGVCOG }I. ... ~(..-. ,_ c c ... - 1 --------------- 10/3/2019 5 SGVCOG San Gabriel Valley Council of Governments • SGVCOG is a subregional government agency that serves to maximize resources and advocate for regional interests to improve the quality of life in the San Gabriel Valley • The SGVCOG Govern ing Board include s representatives from 30 cities 1 3 Los Ange les County Supervisorial Di stricts~ and 3 municipal water d istricts in the San Gabriel Valley • Addresses regional issues of importance1 including transportation ~ homelessneSS 1 the environment~ and water 5 SGVCOG SGVCOG Programs • Capital Projects & Goods Movement • Regiona l Housing Trust Fund • Energy Efficiency • Water Res iliency • Homelessness Coordinati on • Coyote Management • Mobility Programs • Public Outreach 2 10/3/2019 t sGVCOG SGVCOG Coyote Management Task Force Existing Problem • SGVCOG member agencies have been experiencing an increase in human-c oyote encounters • Several cities adopted Coyote Management Plan s (CM Ps) to reduce human -c oyote con flicts within their co mmu nities; however, many other membe r agen cies do not have a CMP in place Coyote Management Task Force Formed to address the existing and r ising coyote issues in the San Gabriel Va ll ey Met three times t o assess the feasibility of developing a regional coyote ma nagement framework t sGycoG Collaborators • California Department of Fish and Wildlife (CDFW) • Office of the Assemblymember Ed Chau (AD-49) • University of California Agriculture and Natural Resources • Humane Society Organizations • Los Angeles County Agricultural Commissioner/Weights & Measures 3 10/3/2019 ~SGVCOG Results and Outcomes of the Task Force The Coyote Management Task Force worked with external stakeholders to develop two documents: 1. Regional Coyote Management Framework (RCMF) 2. Coyote Management Implementation Plan (CMIP) 4 Regional Coyote Management Framework (RCMF) • Serves as a document that member agencies can adopt and modify based on their own needs • Includes coyote management strategies, reporting tools, and other resources that cities can util ize to reduce human-coyote conflicts • Provides recommendations for cities to educate their residents and communities on the differences between appropriate and inappropriate coyote behav i or Assist member agencies with ex i sting coyote management plans to expand their coyote management services 10/3/2019 5 10/3/2019 ~§§YCQG Coyote Management Implementation Plan (CMIP) CMIP was created to provide SGVCOG with a plan of assisting cities to coordinate coyote safety outreach services. Participation within the CMIP is voluntary. Under this plan, SGVCOG would serve as the umbrella organization that is responsible for: • Pr o v id i n g publi c outreach an d e du ca t ion to res id ents; • Promoti ng effective h uman-coyote conflict mit igation strategies; and , • Supportin g a robu st coyote re porting and res ponse mecha n ism on b ehalf of p a rticip ati ng ag en ci es CMIP Programs and Services Public Outreach and Education Non -Urgent Coyote Response Services ' Regional Representation and Engagement Services • Co m m u nity Meetings and Training Workshops • Mail ers, Social Media, an d Youth Outreach Programs • Website an d Coyot e Incident Rep o rting System • Coyote Reporting Hotline • Se rve as a regional voi ce for partici pat i ng cities to all re levant external stakeholders 6 10/3/2019 'SGVCOG __ .. - Community Meetings and Training Workshops • Increase residents' knowledge, awareness, and understanding of methods to eliminate coyote attractants • Provide valuable opportunity for interested residents to learn about regional and community coyote management efforts • Include basic training on species-specific ecology and behavior 'SGVCOG Community Meetings and Training Workshops Topics Covered: • Appropriate responses when encountering coyotes • Human health, public, and pet safety tips and concerns • Coyote attractants • Yard audits • Effective coyote hazing methods • Seasonal behavior changes • Normal vs. abnormal coyote behavio r 7 Youth Education and Outreach • A youth education program would be developed to provide age-appropriate coyote education and safety information to local unified school districts located in participating cities' limits • Includes annual meetings with local unified school district officials to discuss coyote safety topics 10/3/2019 ~~SGVCOG Mailers and Social Media Outreach • Mail educational flyers to residents in communities with high human-coyote incidents (different language s available) • Disseminate coyote information through the COG 's existing social media platforms and work with partic i pating cities to publicize coyote information on their respect ive social med ia channels 8 Website and Coyote Incident Reporting System • The COG would develop and maintain a website/webpage that includes coyote education, related resources, and a link to the Coyote Incident Reporting System for residents of participating cities • The Coyote Incident Reporting System would share reported incidents with participating cities Regional Coyote Reporting Hotline • A regional coyote reporting hotline would be established for the residents of participating cities to report coyote incidents • All reports will be logged and shared with participating cities and relevant external stakeholders • Residents who are believed to be in i mminent danger would be advised to call 9-1-1 10/3/2019 9 10/3/2019 ~SGVCOG ~.., _._ ....... _,. ... _,.. Follow-up Responses • Residents th at utilize either the regi onal hotline or the Coyote Incident Reportin g System would receive a follow-up message via e-mail with electron ic copies of re lev ant coyote safety information with i n 3 busin ess day s Regional Representation SGVCOG would serve as a regional voice for participating cities to external stakeholders: • California Dep artment of Fish an d Wildlife • Lo s Angeles Co unty Agricultural Commissioner/Weights an d Measures • Local Humane Societies • University of Ca li fornia • County an d St ate Elected Officials • Other Relevant Stakeholders 10 10/3/2019 Participating Cities The following 14 cities expressed interest: Arcadia Rosemead Azusa San Dimas Covina San Gabriel El Monte San Marino Glendora Temple City Irwindale Walnut 11 10/3/2019 ~SGVCOG ... ----. Participating Cities • These cities agreed to proceed with contributing $10,000/year per city for two consecutive years to receive coyote management public outreach services that are managed by the SGVCOG • Cities are currently in the process of reviewing and signing memorandums of agreement (MOAs} with the SGVCOG • Services listed within the CMIP are scheduled to commence on November 1, 2019 and end no earl i er than October 31, 2021 12 10/3/2019 f SGVCOG Regional Approach • The cities spearheaded this regional effort out of a desire to find a way to provide resi de nts with more ro bu st coyote safety services than the cities' existing resou r ces • Creating a regional coyote management and safety program can ensure that there are dedicated staff and resources working on safe ty issue s caused by co y ot es and that the program will be a comprehensive and integrated regional approach to coyote management .~SGVCOG Regional Approach • The COG will work as a coordinating force , with dedicated staff member responsible for preparing education materials, community meetings, interfacing with other organizations involved in coyote management, monitoring coyot e reports, and responding to residents who have coyote encounters to provide them with assistance in reducing human-coyote conflicts 13 10/3/2019 14