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2000 - San Gabriel Valley Council of Governments - Memorandum of Understanding - Coyote PlanDocuSign Envelope ID: FF8866D7-AA22-4812-BC84-D86EC044304B MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF ROSEMEAD FOR PARTICIPATION OF COYOTE MANAGEMENT IMPLEMENTATION PLAN This Memorandum of Agreement ("MOA" or "Agreement") is made as of September 20, 2023 by and between the City of Rosemead, a municipal corporation ("City"), and the San Gabriel Valley Council of Governments, a California joint powers authority ("SGVCOG"). City and SGVCOG may be referred to herein collectively as the 'Parties" or individually as a 'Party." RECITALS: A. SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies. B. City seeks to participate in a Coyote Management Implementation Plan that was developed by the SGVCOG Coyote Management Task Force. C. Under the Coyote Management Implementation Plan, SGVCOG would serve as an entity to provide informational coyote public outreach and education efforts, promote effective human -coyote conflict mitigation strategies, and support a robust wildlife reporting and response mechanism on behalf of City. D. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA. NOW, THEREFORE, the Parties agree as follows: I. TERM: The term of this MOA between the Parties shall commence on December 1, 2023 and shall continue through June 30, 2025. The tern of this MOA may be extended by mutual written agreement of the Parties. II. RESPONSIBILITIES OF THE PARTIES: A. SGVCOG. SGVCOG will: I. Coordinate and implement community meetings/trainings every year. SGVCOG will diligently market the community meetings/trainings prior to the event dates: however. attendance levels are not guaranteed. 2. Conduct youth outreach and education programs for local schools. 3. Coordinate to send mailers to neighborhoods with high numbers of DocuSign Envelope ID: FF8866D7-AA22-4812-BC84-D86EC044304B human- coyote encounters and incidents. 4. Manage a website or webpage that contains important and helpful information for residents and businesses regarding coyotes. 5. Maintain an online regional coyote incident reporting system for residents of City. 6. Develop and maintain a regional coyote reporting educational line. 7. Coordinate with the California Department of Fish and Wildlife, the County of Los Angeles, and other relevant external stakeholders on regional coyote management efforts. 8. Provide electronic files of coyote marketing and outreach materials. 9. Manage all invoicing and billing. I0. Submit two invoices to the City, for a not to exceed total of $16,783 over the span of two consecutive years as follows: • The SGVCOG shall invoice the City for its share of the cost of the Neighborhood Coyote Program for fiscal year 2023-2024 (November 30, 2023- June 30, 2024) in the prorated amount of Six Thousand, One hundred and Eighty Three Dollars ($6,183) [($10,600/12)*7]. The SGVCOG may invoice the City for this amount as of the Effective Date. Payment of the invoice will be due within forty-five (45) days after City's receipt of the invoice. • The SGVCOG shall invoice the City its share of the cost of the Neighborhood Coyote Program for the 2024-2025 fiscal year in the amount of Ten Thousand and Six Hundred Dollars ($10,600). The SGVCOG may invoice the City for this amount as of the Effective Date. Payment of the invoice will be due within forty-five (45) days after City's receipt of the invoice. B. Citv. City will: I. Participate in coordination calls and meetings with the SGVCOG and all municipalities that have entered into a Memorandum of Understanding with the SGVCOG for the Coyote Management Implementation Plan for the December 1, 2023 through June 30, 2025 term. 2. Provide a point -of -contact for the purposes of this Agreement with the name, title, and contact information of the individual. If the point -of - contact is reassigned or no longer with the City, a new point -of -contact must be designated within five (5) business days. 3. Assist with the coordination of coyote town halls, community meetings, coyote management workshops, conflict training, mailers, social media outreach, and youth outreach and education programs. 4. Provide a municipal meeting space or venue for events and activities within the City of Rosemead related to this MOA and other events within the City that are related to the Coyote Management Implementation Plan. 5. Pay all undisputed invoices submitted by SGVCOG within forty-five DocuSign Envelope ID: FF8866D7-AA22-4812-BC84-D86EC044304B (45) days of receipt by City. III. PROJECT MANAGEMENT: A. Project Managers. 1. For the purposes of this MOA. SGVCOG designates the following individual as its Project Manager: Paulina Mejia, Management Analyst 2. For the purposes of this MOA, the City designates the following individual as its Project Manager: Mandy Wong, Public Safety Supervisor Either Party may change the designations set forth herein upon written notice to the other Party. IV. DEFAULT; REMEDIES: A. Default. A "Default" under this MOA is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOA; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily. B. Remedies. In the event 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 Default. In the event that the defaulting Party fails to cure the Default or commit to cure the Default and commence the same within such 30 -day period and to the satisfaction of the non -defaulting Party. the non - defaulting Party may terminate this MOA. Such termination shall be effective immediately. The remedies described herein are non-exclusive. In the event of a Default by either Party, the non -defaulting Party shall have the right to seek any and all remedies available at law or in equity. V. TERMINATION: A. This MOA may be terminated by either Party at any time, with or without cause, by providing written notice of termination to the other Party. Such termination will be effective thirty (30) days after such notice is received. B. If City terminates this MOA prior to the completion of the Coyote Management Implementation Plan when SGVCOG has not committed a Default, SGVCOG will invoice City for any costs incurred that exceed the amount initially included in the initial invoice. Total billable cost shall not exceed the total project budget. DocuSign Envelope ID: FF8866D7-AA22-4812-BC84-D86EC044304B VI. INDEMNIFICATION: A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its elected and appointed boards, officials, officers, agents, employees, members, and volunteers, at City's sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its elected and appointed boards, officials, officers, agents, employee members, and volunteers arising out of or relating to the acts or omissions of City in connection with this Agreement. B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its elected officials, officers, agents, employees, and volunteers, at SGVCOG's sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its elected officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this Agreement. VIL INSURANCE: A. City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with City's or SGVCOG's performance of its obligations hereunder. VIII. OTHER TERMS AND CONDITIONS: A. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows: To SGVCOG: Paulina Mejia, Management Analyst 1333 S Mayflower Ave Suite 360 Monrovia, CA 91016 (626)214-1301 pmeiia .s cgv oe.org with a copy to: Marisa Creter, Executive Director 1333 S Mayflower Ave Suite 360 Monrovia, CA 91016 (626)457-1800 mcreter(a,sevcoe.org DocuSign Envelope lD: FF8866D7-AA22-4812-BC84-D86EC044304B To City: Ben Kim City Manager 8838 E. Valley Boulevard Rosemead, CA 91770 (626) 569-2100 bkim@cityofrosemead.org To City: Erika Hernandez City Clerk 8838 E. Valley Boulevard Rosemead, CA 91770 (626) 569-2100 ehemandezna.citvofrosemead.org B. No Partnership. This Agreement is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the Agreement, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party. C. Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the Parties in interest at the time of such modification. D. Governing Law. This Agreement shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. E. Attorneys' Fees. In the event that there is any litigation or other legal proceeding between the Parties in connection with this Agreement, each Party shall bear its own costs and expenses, including attorneys' fees. Excusable Delays. Neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement. DocuSign Envelope ID: FF8866D7-AA22-4812-BC84-D86EC044304B G. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. H. Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. I. Assignment. Neither Party may assign its interest in this Agreement, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable. J. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. K. Authority o Execute. The person executing this Agreement on behalf of a Party warrant that they are duly authorized to execute this Agreement on behalf of said Party, and that by doing so the said Party is formally bound to the provisions 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 THE CITY OF ROSEMEAD By: bull, 60t Ben Kim City Manager Date:09/2312023 ATTEST: 6411 F H""O.4t Erika Hernandez City Clerk FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS Bv: Atoyisa VA Marisa Creter Executive Director 10/03/2023 APPROVED AS TO FORM: David DeBerry SGVCOG General Counsel DocuSign Envelope ID: FF8866D7-AA22-4812-SC84-D86EC044304B APPROVED AS TO FORM: Rachel Richman City Attorney DocuSign- Certificate Of Completion Envelope Id: FF8866D7AA224812BC84D86ECO44304B Status: Completed Subject: Complete with DocuSign: Rosemead Coyote Management Plan 2023.pdf Not Offered via DocuSign Source Envelope: Document Pages: 7 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Levonn Gardner AutoNav: Enabled 1333 S. Mayflower Avenue Envelopeld Stamping: Enabled Suite 360 Time Zone: (UTC -08:00) Pacific Time (US 8 Canada) Monrovia, CA 91016 Igardner@sgvcog.org IP Address: 47.156.106.133 Record Tracking Status: Original Holder: Levonn Gardner Location: DocuSign 9/20/2023 10:27:18 AM Igardner@sgvcog.org Signer Events Signature Timestamp Ben Kim Sent: 9/20/2023 10:51:45 AM bkim@cityofrosemead.org bu� 1 am Viewed: 9/20/202310:58:31 AM Security Level: Email, Account Authentication Signed: 9/23/2023 7:44:15 PM (None) Signature Adoption: Pre -selected Style Using IP Address: 64.60.168.162 Electronic Record and Signature Disclosure Not Offered via DocuSign Ericka Hernandez Sent: 9/23/2023 7:44:16 PM ehernandez@cityofrosemead.org f^`�" r �r^^""'ti' Viewed: 10/3/2023 3:40:50 PM Security Level: Email, Account Authentication Signed: 10/3/2023 3:41:47 PM (None) Signature Adoption: Pre -selected Style Using IP Address: 64.60.168.162 Electronic Record and Signature Disclosure: Not Offered via DocuSign Rachel Richmantl, Sent: 10/3/2023 3:41:49 PM rrichman@bwslaw.com ��11 /I Qkd 'N( Avg Viewed: 10/3/20234:24:55 PM Security Level: Email, Account Authentication Signed: 10/3/2023 4:25:26 PM (None) Signature Adoption: Pre -selected Style Using IP Address: 174.193.139.192 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Cassie Trapesonian, for Sent: 10/3/2023 4:25:27 PM ctrapesonian@woodruff.law /r� -h" 1p5A0 IrarbSEWWn.t f r Viewed: 10/3/20234: 45: 36 PM Security Level: Email, Account Authentication Signed: 10/3/2023 4:48:26 PM (None) Signature Adoption: Pre -selected Style Using IP Address: 34.208.136.214 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Marisa Crater COPIED Sent: 10/3/2023 4:48:28 PM MCreter@SGVCOG.org (nAr k4ASX (nAr Viewed: 10/3/2023 9:40:58 PM Executive Director Signed: 10/3/2023 9:41:03 PM ' San Gabriel Valley Council of Governments Signature Adoption: Pre -selected Style Security Level: Email, Account Authentication (None) Using IP Address: 76.169.107.168 Signed using mobile Electronic Record and Signature Disclosure: Witness Events Not Offered via DocuSign Timestamp isr In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp A; Carbon Copy Events Status Timestamp r Nicholas Ryu COPIED Sent. 10/3/2023 9:41:04 PM nryu@sgvcog.org Manager of Sustainability & Natural Resources San Gabriel Valley Council of Governments Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pauline Mejia COPIED Sent: 10/3/2023 9:41:05 PM pmejia@sgvmg.org Management Analyst SGVCOG Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Vanessa Guerra Sent: 10/3/2023 9:41:06 PM vguema@sgvcog.org COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp isr Notary Events Signature Timestamp �x^ Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/20/2023 10:51:45 AM Certified Delivered Security Checked 10/3/2023 9:40:58 PM Signing Complete Security Checked 10/3/2023 9:41:03 PM Completed Security Checked 10/3/2023 9:41:06 PM Payment Events Status "�" DocuSign Envelope ID: A30A7799-633E-43DB-AD8E-D209687FC5DD AMENDMENT NO. 1 TO MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF ROSEMEAD FOR PARTICIPATION IN THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE PROGRAM This Amendment No. 1 ("Amendment") to the Memorandum of Agreement Between the San Gabriel Valley Council of Governments (the "SGVCOG") and the City of Rosemead (the "City") For Participation in the San Gabriel Valley Neighborhood Coyote Program, dated July 1, 2021 (the "MOA") shall be effective upon the date executed by both Parties hereto ("Effective Date"). RECITALS A. SGVCOG and City entered into the MOA to participate in the San Gabriel Valley Coyote Management Implementation Plan; and B. SGVCOG has changed the name from Coyote Management Implementation Plan to Neighborhood Coyote Program; and C. SGVCOG and City desire to enter into this Amendment to reflect the name change and to make other changes to the MOA as are set forth herein. NOW THEREFORE, the Parties agree to amend the Agreement as follows: I. Wherever in the Memorandum of Agreement the term ",Coyote Management Implementation Plan" appears, such term shall be replaced with Neighborhood Coyote Program. II. Article I. Term, shall be deleted in its entirety and replaced with the following: The term of this MOA shall commence on November 1, 2021 and shall continue through November 30, 2023. SGVCOG's Executive Director shall have the option to extend this Agreement, subject to the same terms and conditions contained herein. III. Article II. Responsibilities of the Parties, Section A. Subsection 10, shall be deleted in its entirety and replaced with the following: 10. The SGVCOG shall invoice the City for their share in the cost of the San Gabriel Valley Neighborhood Coyote Program. The total invoice amount shall not exceed Ten Thousand Dollars ($10,000) annually. 1506398.1 1 DocuSign Envelope ID: A30A7799-633E-43DB-AD8E-D209687FC5DD (a) Initial Payment Amount. The City shall pay no more than Ten Thousand Dollars ($10,000) for the initial payment for the 2021— 2022 fiscal year. The initial invoice will be sent upon execution of this MOA and due on July 1 st, 2021. (b) Annual Payment Amount. For each subsequent fiscal year, commencing with the 2022 — 2023 fiscal year, the City shall pay no more than Ten Thousand Dollars ($10,000) annually on a fiscal year (July 1st to June 30th) basis to the SGVCOG for participation in the San Gabriel Valley Neighborhood Coyote Program. IV. Article II. Responsibilities of the Parties, Section B., Subsection 1., shall be deleted in its entirety and replaced with the following: Participate in coordination calls and meetings with the SGVCOG and all municipalities that have entered into a Memorandum of Agreement with the SGVCOG for the Neighborhood Coyote Program for the November 1, 2021 through November 30, 2023 term. V. Article III. Project Management, Section A, shall be deleted in its entirety and replaced with the following: A. Project Managers 1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Samuel Pedersen, Management Analyst. 2. For the purposes of this MOA, the City designates the following individual as its Project Manager: Mandy Wong (City staff). Either Party may change the designations set forth herein upon written notice to the other Party. VI. Article V111. Other Terms and Conditions, Section A, shall be deleted in its entirety and replaced with the following: A. Notices: All notice required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows: To SGVCOG: Samuel Pedersen Management Analyst 1000 S. Fremont Ave, Unit 42 Building A-1 ON, Suite 10-210 Alhambra, CA 91803 1506398.1 DocuSign Envelope ID: A30A7799-633E-43DB-AD8E-D209687FC5DD (626) 214-8508 spedersen@sgvcog.org with a copy to: Marisa Creter Executive Director 1000 S. Fremont Avenue, Unit 42 Building A- ION, Suite 10-210 Alhambra, CA 91803 (626) 457-1800 mcreter@sgvcog.org To City: Gloria Molleda City Manager 8838 E. Valley Boulevard Rosemead, CA 91770 (626) 569-2100 gmolleda@cityofrosemead.org with a copy to: Ericka Hernandez City Clerk 8838 E. Valley Boulevard Rosemead, CA 91770 (626) 569-2100 ehernandez@cityofrosemead.org Integration. This Amendment amends, as set forth herein, the MOA and except as specifically amended hereby the MOA shall remain in full force and effect. To the extent there is any conflict between this Amendment and the MOA, the terms and provisions of this Amendment shall control. This Amendment and the MOA, including any exhibits attached to the MOA, integrate all the terms and conditions of the Parties' agreement and supersede all negotiations with respect hereto. The Parties hereby enter into this Amendment No. 1 upon the Effective Date as is set forth above. [Signatures on Next Page], - 1506398.1 DocuSign Envelope ID: A30A7799-633E-43DB-AD8E-D209687FC5DD FOR THE CITY OF ROSEMEAD By: �Zria NLbQ& Gloria Molleda City Manager 07/04/2021 Date: ATTEST: Ericka Hernandez City Clerk APPROVED AS TO FORM: b I� JAL K"AJA, Rachel Richman City Attorney 1506398.1 4 FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: aViSa Ww Marisa Creter Executive Director Date: 07/06/2021 APPROVED AS TO FORM: va'a pf' David DeBerry SGVCOG General Counsel