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AMENDMENT NO. 1
TO
MEMORANbUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS AND THE CITY OF ARCADIA FOR
PARTICIPATION OF 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 Arcadia (the "City")
For Participation in the San Gabriel Valley Neighborhood Coyote Program, dated June 15, 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 upon execution of the MOA by the Parties and
shall continue through October 31, 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
(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 the effective date of this MOU and due on July 1st, 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:
1. 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 October 31, 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 individuals as
Project Managers: Ana Bordallo, Management Aide and Samuel Pedersen,
Management Aide.
2. For the purposes of this MOA, the City designates the following individual as its
Project Manager: Michael Bruckner, Deputy City Manager(City staff)
Either Party may change the designations set forth herein upon written notice to the other
Party.
VI. Article VIII. 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: Ana Bordallo
Management Aide
1000 S. Fremont Ave, Unit 42
Building A-10N, Suite 10-210
1506398.1 2
Alhambra, CA 91803
(626) 457— 1800
abordallo@sgvcog.org
with a copy to: Marisa Creter
Executive Director
1000 S. Fremont Avenue, Unit 42
Building A-10N, Suite 10-210
Alhambra, CA 91803
(626) 457-1800
mcreter@sgvcog.org
To City: Michael Bruckner
Deputy City Manager
240 W. Huntington Drive
Arcadia, CA 91007
(626) 574-5401
mbruckner@ArcadiaCA.gov
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 3
CITY OF ARCADIA By: C
Name: l arl--,3 CX-Ci-Cr"
By:
Title: Gkcc t- 1►rC C r c
Name: Dominic Lazzaretto
Date: l /a
Title: City Manager
Date: 1-3,Th.g. 2.3 25:Zi21 ' ppro j d .1e arm:
SG CO General Co I
Name: gekCii6e1, AfeliQno
Title: 'efttll G� y Ckyk
Date: UctnC1 22 2Oz J
Approved as to Form:
City Attorney
SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS
1506398.1 4
\\c o 1
MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS AND THE CITY OF ARCADIA
FOR PARTICIPATION OF COYOTE MANAGEMENT IMPLEMENTATION PLAN
This Memorandum of Agreement ("MOA" or "Agreement") is made as of October 15.
2019 by and between the City of Arcadia, 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 November 1, 2019 and
shall continue through October 31, 2021. The term of this MOA may be extended by mutual
written agreement of the Parties.
II. RESPONSIBILITIES OF THF. PARTIES:
A. SGVCOG.
SGVCOG will:
1. 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 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 hotline.
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.
10. Submit two invoices to the City, for a not to exceed total of$20,000 over the
span of two consecutive years as follows:
• The payment of the first invoice will be due within forty-five (45) days
upon execution of the agreement for fifty percent (50%), which is
$10,000, of the total amount.
• The second and final invoice for the remaining $10,000 amount will be
submitted on July 1. 2020 for a total of$10,000.
B. City.
City will:
1. 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 Coyote Management Implementation Plan for the
November 1, 2019 through October 31,2021 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 trainings, 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 Arcadia 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 (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: Alexander Fung,Management Analyst.
2. For the purposes of this MOA, the City designates the following individual
as its Project Manager: Michael Bruckner, Assistant to the City Manager
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.
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.
VII. 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. t : ► 1 1 ► 1 1 .
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: Alexander Fung
Management Analyst
1000 S. Fremont Avenue, Unit 42
Building A-10N, Suite 10-210
Alhambra,CA 91803
(626)457-1800
kward@sgvcog.org
with a copy to: Marisa Creter
Executive Director
1000 S. Fremont Avenue, Unit 42
Building A-1 ON, Suite 10-210
Alhambra, CA 91803
(626)457-1800
mcreterasgvcog.org
To City: Dominic Lazzaretto
City Manager
240 W. Huntington Drive
Arcadia,CA 91006
(626) 574-5401
domlazz@ArcadiaCA.gov
with a copy to: Michael Bruckner
Assistant to the City Manager
240 W. Huntington Drive
Arcadia.CA 91006
(626) 574-5433
mbruckner@ArcadiaCA.gov
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 mailer 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.
F. 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.
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 to 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 ARCADIA FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS
:J
f„.".
m zaretto By: 1711-.\
City Manager Marisa Creter
Executive Director
Date: /O' 22 \ 1 �I �
/
Date:
I (f1
ATTEST: ATTEST:
t itp111 LAI -)ftd17 rrv„,
City Perk � Marisa Creter, Secretary
APPROVED AS TO FORM: • 'PR • S TO":
:
'1'6vIk-ett., Aft.Ardilk, -
Stephen Deitsch General ouns
City Attorney