HomeMy WebLinkAboutParties for Support of Operation Stonegarden Grant; 2014-05-14;AGREEMENT FOR TSE
OPERATION STONEGARDEN (OPSG) GRANT
PARTIES TO THE AGREEMENT
This Agreement is among the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF
CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL
CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, tiie CITY OF NATIONAL
CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), the SAN DIEGO
UNIFIED PORT DISTRICT ("SDUPD"), the SAN DIEGO STATE UNIYERSITY ("SDSU"),
the UNIVERSITY OF CALIFORNL\ SAN DIEGO ("UCSD") the COUNTY OF ORANGE
("OC"), the COUNTY OF LOS ANGELES ("LAC"), the COUNTY OF VENTURA ("VC"), the
COUNTY OF SANTA BARBARA ("SBC"), the COUNTY OF SAN LUIS OBISPO ("SLOC"),
the CALIFORNL\ HIGHWAY PATROL ("CHP"), the CALIFORNL\ DEPARTMENT OF
FISH AND WILDLIFE ("CDFW"), the CALIFORNL\ DEPARTMENT OF MOTOR
VEHICLES CT)MV"), the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
("DPR"), and the CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION, OFFICE OF CORRECTIONAL SAFETY ("CDCR"), collectively the
"PARTIES", for program support ofthe Operation Stonegarden Grant ("OPSG")."
PARTY DEPARTMENTS OR AGENCIES PARTICIPATING IN THE AGREEMENT
For the COUNTY, participating agencies are Probation Department and the Sheriffs
Department ("SHERIFF"). For the CITIES and SDUPD, and Universities, participating
agencies are their respective police department. For OC, LAC, VC, SBC, and SLOC,
participating agencies are then- respective Sheriff's Department. CHP, CDFW, DMV, DPR, and
CDC do not have subordinate agencies or department participants.
RECITALS
R.1 COUNTY through SHERIFF requested and received funds fiom the U.S.
Department of Homeland Security (DHS) passed through tiie Califomia Governor's Office of
Emergency Services (CalOES), under the Fiscal Year (FY) 2013 Operation Stonegarden Grant
(OPSG) Program.
R.2 Funds shall be used to support the OP' 3 program to enhance law enforcement
preparedness and operational readiness along the land and water borders ofthe United States.
R.3 Govemment Code §55632 autiiorizes COUNTY tiirough SHERIFF and
PARTIES, to contract with SHERIFF for provision of joint law enforcement services.
R.4 PARTIES desire to enter into an agreement with provisions conceming the nature
and extent of OPSG collaboration, services rendered, and compensation.
R.5 COUNTY, by action of the Board of Supervisors Minute Order No. 2 on
December 3,2013, approved and authorized the SHERIFF to execute expenditure contracts to
use FY2013 OPSG fimds to reimburse all PARTIES for overtime expenses; equipment and
vehicle purchases; fiiel, mileage, flight, and vehicle and equipment maintenance costs uicurred in
OPSG activities not to exceed tiie amounts described in Exhibit A - Budget Worksheet, during
the project period September 1,2013 tiirough May 31,2015.
R.6 PARTIES agree to maintain documentation supporting all expenditures
reimbursed fi-om OPSG grant fimds, ensure all expenditures are allowable under grant
requirements, adhere to their jurisdictions authorized procurement methods and submit an
organization-wide financial and compliance audit report if $300,000 or more of OPSG federal
fimds are expended in a fiscal year. The documentation and records shall be maintained and
retained in accordance with OPSG grant requirements and shall be avdlable for audit and
inspection.
(a) For accounting purposes, the following is a description of OPSG fiuds: Federal
Grantor Agency: U.S. Department of Homeland Security; Pass Through Agency: Califomia
Governor's Office of Emergency Services (CalOES); Program Title: Homeland Security Grant
Program; Federal CFDA Number: 97.067.
R.7 PARTIES agree to each of the following Exhibits:
(a) Exhibit A - FY 2013 Budget Woricsheet
(b) Exhibit B - FY 2013 Grant Assurances as set forth by tiie CalOES
(c) Exhibit C - FY 2013 OPSG Operations Order
(d) Exhibit D - FY 2013 Homeland Security Grant Program Funding Opportunity
Announcement (FOA), which can be referenced at http://www.fema.gov/media-
librarv-data/20130726-1916-25045-6176/fv 2013 hseo foa.Ddf
(e) Exhibit E - FY 2013 The Operation Stonegarden Grant Program State
Supplemental Guidance ("Guide"), which can be referenced at
http://www.calema.ca.gov/EMS-HS-HazMat/Pages/Operation-Stonegarden-
Program-Documents.aspx
(f) Exhibit F - 44 CFR Part 13— Uniform Administrative Requirements For Grants
And Cooperative Agreements To State And Local Govemments ("44 CFR Part
13")
NOW THEREFORE, for consideration, the receipt and sufficiency of which is hereby
acknowledged, PARTIES jointly intend tiiat COUNTY tiu-ough SHERIFF will reimburse, and
PARTIES will provide, a level of OPSG services, as set forth in this Agreement.
AGREEMENT
1. Purpose And Intent
The purpose ofthis Agreement is to satisfy tiie OPSG proposal submitted to and awarded
by the U.S. Department of Homeland Security passed through the Califomia Emergency
Management Agency, under the Operation Stonegarden Grant.
2. SCOPE OF SERVICES
2.1 Method of Service Deliverv
SHERIFF will maintain the OPSG grant and will be administratively responsible
for coordination of PARTIES' obligations under tiiis Agreement. The SHERIFF'S OPSG
program will be staffed as described in section 4. Standards of Service: Obligations ofthe
PARTIES.
2.2 Overview Of Basic Services
PARTIES will provide OPSG activities ("Activities") by increasing law
enforcement presence in their designated areas of jurisdiction and in coordination with otiier
OPSG parbier agencies in order to support tiie U. S. Department of Homeland Security, Bureau
of Customs and Border Protection efforts in the regi(Mi to improve border security. The
PARTIES will enforce local and state laws and will not enforce immigration laws on behalf of
Customs and Border Protection/Border Patrol.
3. TERM OF AGREEMENT
3.1 Initial Term
The term of tiiis Agreement shall be reti^active to 12:01 a.m. on September 1,
2013, and shall continue in effect through and tenninate at midnight on May 31,2015; subject to
tiie termination provision in section 3.2.
3.2 Temiination
Subject to the applicable provisions of state law, each PARTY may terminate its
participation in this Agreement upon ninety-day (90) minimum written notice to tiie otiier
PARTIES.
4. STANDARDS OF SERVICE! OBLIGATIONS OF THE PARTIES
4.1 Anticipated Oatcome
The anticipated outcome ofthe OPSG Activities to be provided by
PARTIES under this Agreement is increased law enforcement presence in each respective
PARTY'S designated area of jurisdiction in order to support the U. S. Department of
Homeland Security, Bureau of Customs and Border Protection efforts in tiie region to
improve border security and reduce border related crime. The anticipated outcome will be
reached by achieving the goals and accomplishing the missions set forth below by tiie
PARTES and in Exhibit C - FY XXXX OPSG Gyrations Order for tiie applicable grant
year, to this Agreement.
4.1.1 PARTIES will provide enhanced enforcement by increasing patrol
presence in proximity to the border and/or routes of ingress fiom the border, including the water
borders. In addition, PARTIES will utilize tiieir unique investigatory areas of expertise in
operations.
4.1.2 Increase intelligence/information sharing among PARTIES, including but
not limited to the following activities:
4.1.2.1 Conduct bi-monthly meetings witii a minimum of one
representative from each PARTY.
4.1.2.2 Increase information sharing during operations.
4.U Prior to OPSG Operations, PARTIES Designated Coordinator, as outiined
in Section 4.2.3, should submit an Operations Plan to the Integrated Planning Team (IPT) at least
72 hours prior to the operation. The IPT is comprised ofthe SHERIFF and US Border Pattol
swom grant reiMresentatives. The role of the IPT is to work togetiier to provide support and
guidance to the local, state and federal law ^forcement stakeholders within the grant The
Operations Plan is to be submitted via email to tiie current IPT point of contact and to
SDCOPSG2008@cbp.dhs.gov.
4.1.4 At the conclusion of each shift (Operation) fimded by OPSG, state/local
law enforcement officers in each agency will complete a Daily Activity Report (DAR). The
DAR will be submitied via email to Customs and Border Protection Sector Headquarters at:
SDCOPSG2008@cbp.dhs.gov and SHERIFF at: stonegardenfasdsherifiF.org. The work week for
OPSG is Wednesday - Tuesday.
4.1.5 At the conclusion of each diift (Operation) fimded by OPSG, the
Operations Coordinator will email all backup source documents (e.g. arrest reports, citations,
field interviews, etc.) to SDCOPSG2008@cbp.dhs.gov for review.
4.1.6 Eadi partner agency will send their weekly^i-weekly/monthly OPSG
schedule (whichever iqjplies), utilizing the appropriate format, to the current IPT point of contact
and to SDCOPSG2008@cbp.dhs.gov as it becomes available. All schedules will be compiled
and sent to the Law Enforcement Coordination Center (LECC).
4.2 Personnel Oualifications And Assignment
4.2.1 OaaBflcations
Each PARTY shall ensure that personnel it assigns to perform activities
pursuant to this Agreement meet the minimum qualification for their specific classification.
4.2.2 Mauagement. Direction and Snpervision; Independent Contractors
The hiring^ firing, management, direction, and supervision of each
PARTY'S personnel, the standards of perfonnance, the discipline of each PARTY'S personnel,
and all other matters incident to the paformance of such services, shall be performed by and be
the responsibility of each PARTY in each PARTY'S sole but reasonable judgment and m accord
with the provisions of applicable Ijibor agreements. Each PARTY shall be the appointing
autiiority for all its personnel provided to OPSG by tiiis AGREEMENT. PARTIES shall have no
liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to
any other PARTY'S personnel.
Each PARTY and its respective officers, agents and employees are independent
contractors and are not officers, agents and employees of any other PARTY, Each PARTY'S
personnel are under the direct and exclusive supervision of that PARTY, and each PARTY
assumes fiiU responsibility for the performance of its own personnel m connection with tiiis
Agreement No PARTY has the autiiority to bind any otiier PARTY.
4.23 Designated Coordinators
SHERIFF shall select and designate a Coordinator, at the rank of Sheriff's
Lieutenant, who shall manage and direct the OPSG program. Each otiier PARTY shall select
and designate a Coordinator for tiieir respective agoicy undo* this Agreement The Designated
Coordinators for each PARTY shall serve as tiieir agency contad and shall implement, as
needed, ^i^Hopriate imipedures govemuig the performance of all requirements under this
Agreonent and shall be responsible for meetmg and conferring in good fiiitfa in order to address
any disputes which may arise conceming hnplementation of this Agreement
4.2.4 Staging for Basic Services
PARTIES shall ensure that adequate numbers of their qualified respective
personnel are provided to OPSG Activities at all times during the term of this Agreement to meet
the Basic Services, Scope of Services, and Standards of Service commitments set forth herein.
4.2.5 Equipment and Supplies
COUNTY tiuough SHERFF will provide SHERIFF OPSG personnel witii
all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment
necessary to perform OPSG Activities. SimUarly, County Participating Agency and all Non-
County PARTIES will provide their respective OPSG personnel with ail supplies and/or
presmbed safety gear, body armor, and/or standard issue equipment necessary to perfi)rm OPSG
Activities unless otiierwise specified in Exhibit C.
PARTIES are responsible for the procurement of their own equipment to
be used in OPSG Operations.
PARTIES will maintain an inventory list of all equipment purchased with
OPSG fiinds and when practicable, the equipment shall be prominently labeled as follows:
"Purchased witti fimds provided by the U.S. Department of Homeland Security" per federal
guidelines.
5. COST OF SERVICES/CONSIDERATION
5.1 General
5.1.1 As fijll consideration for the satisfactory performance and completion by
PARTIES of Activities set fortii in tins Agreement COUNTY tiirougji SHERIFF shall reimburse
PARTEES for personnel assigned to perform OPSG Activities on the basis of claims and
submittals as set fortii hereunder. Such payments by COUNTY tiuough SHERIFF are dependent
on the continued availability of fiinds from tiie U.S. Department of Homeland Security (DHS)
passed through the Califomia Govemor's Office of Emergency Services (CalOES).
5.1.2 PARTIES agree tiiat awarded funds, identified as allowable costs, as set
forth in Exhibit D shall be expended only for Activities, operating expenses, and equipment as
detailed in Exhibit A - FY XXXX Budget Woricsheet for the applicable grant year and that
unallowable costs are not reimbursable as set forth in Exhibit D.
5.1.3 No reimbiu^ment shall be made to a PARTY during any period of time
within which that PARTY is in default on filing any informational or financial reports required
by the COUNTY through SHERIFF. SHERIFF shall make any necessary adjustinents to
PARTY claims to correct for previous overpayment and disallowances or underpayments.
5.2 Proiect Costs/Rate of Compensation
COUNTY through SHERIFF shall reimb,urse PARTIES for overtime worked by
personnel assigned to perfonn OPSG Activities and shall reimburse for equipment and vehicle
purchases, equipment and vehicle maintenance, flight costs, fuel, and mileage based upon
available fimding and tiie actiial costs incurred by PARTIES to provide Activities, purchase and
maintain equipment and vehicles, flight costs, fuel, and milee^e, under this Agreement, provided
the costs were mcluded in the approved Operations Order.
5.3 Method of Pavment
PARTIES shall submit correct and complete reimbursement forms, labor reports,
timesheets, corresponding Daily Activity Reports, equipment invoices and purchase orders as
documentation that represents amounts to be reimbursed imder this Agreement to SHERIFF
within 90 days from the date expenditure was incurred. All requests for reimbursement shall be
sent to: San Diego County ShaifiPs Department, Grants Unit, Ref: OPSG, P. O. Box 939062,
San Diego, CA 92193.
5.3.1 Reimbursement forms and invoices must have the signatiire of PARTY'S
Authorized Agent certifying that the invoice, labor reports and timesheets are tme and correct.
53.2 PARTIES shall provide payroll records for each and every person whose
costs are reimbursable under this Agreement, to include, at a minimum, the person's name,
classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours
woriced, date overtime worked and fiinge benefit rate and cost. PARTIES shall make available to
SHERIFF for inspection, upon request all payroll records and any other records that relate to the
Basic Services provided under this Agreement
5.3 J Within sixty (60) business days upon receipt of valid invoice and complete
documentation, SHERIFF will reimburse PARTIES for tiie Basic Services agreed to.
5.3.4 Each PARTY i s responsible for tracking the claims submitted by their
agency to ensure the total claims do not exceed the Agency allocations provided in Exhibit A.
5.4 Reimbursement Disallowances
PARTIES who do not comply with the procedures set forth in Section 5.3 are at risk of
having any incurred expenditures disallowed for reimbursement by SHERIFF. If a PARTY fails
to submit claims for reimbursement within the provided time period for reimbursement they will
be formally notified by SHERIFF that the claims are past due and any fimds allocated to that
PARTY for the time period can be redistributed among otiier participating agencies.
6. PROGRAM/FINANCIAL ADMINISTRATION
6.1 PARTIES shall use Exhibit D and E for the applicable grant year developed by the
DHS and CalOES, and Exhibit F - 44 CFR Part 13, as tiie primary reference and day-to-day
management tool in all programmatic, financial, and grant administration matters. The Guide,
FOA and 44 CFR Part 13 shall be used in conjunction with the provision of tiie CFRs (Code of
Federal Regulations) and OMB (Office ofManagement and Budget) Ctfculars, G&T (Grants &
Training) information bulletins, and CalOES policy, regulations, and statutes.
6.1.1 Contract Provisions
PARTIES shall ensure that ALL conti^acts are adhering to the 13 required
provisions found in Exhibit F - 44 CFR, Part 13, Subpart C, Section 13.36 (i). Reimbursement
claims associated witii contracts that are found to be in non-compliance witii the required 13
provisions will be denied.
6.1.2 Sole Source Purchases
PARTIES must request and receive prior approval fitim CalOES, through
SHERIFF, for any sole source procurement of goods or services per 44 CFR Section 13.36.
7. INDEMNIFICATION RELATED TO WORKERS COMPENSATION.
EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES
7.1 Workers Compensation And Employment
7.12 The COUNTY shall fully mdemnify and hold harmless Non-County
PARTIES and their respective officers, employees and agents, from any clauns, losses, fines,
expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or
liabilities arising from or related to (I) any woricers' compensation claim or demand or other
workers' compensation proceeding arising fiom or related to, or claimed to arise from or relate
to, employment which is brought by an employee of the COUNTY or any contract labor provider
retain^ by the COUNTY, or (2) any claim, demand, suit or other procecxling arising from or
related to, or claimed to arise firom or relate to, the status of employment (including without
limitation, compensation, demotion, promotion, discipline, termination, hiring, woric assignment,
transfer, disability, leave or other such matters) which is brougjit by an employee of the
COUNTY or any contract labor provider retained by the COUNTY.
7.1.2 Each Non-County PARTY shall fully indemnify and hold harmless the
COUNTY, its officers, employees and ^e.nts, from any claims, losses, fines, expenses (including
attomeys' fees and coiut costs or arbitration costs), costs, damages or liabilities arising from or
related to (1) any workers' compensation claim or demand or other workers' compensation
proceeding arising hom or related to, or claimed to arise from or relate to, employment which is
brought by an employee of that respective agency or any contract labor provider retained by the
Non-County party, or (2) any claim, demand, suit or other proceeding arising from or related to,
or claimed to arise from or relate to, the status of employment (including without limitation,
compensation, demotion, promotion, discipline, termination, hiring, work assignment transfer,
disability, leave or other such matters) which is brought by an employee of that respective law
enforcement agency or any contract labor provider retained by the law enforcement agency.
7.2 Indemnification Related To Acts Or Omissions; Negligence
7.2,1 Claims Arising From Sole Ads or Omissions of a PARTY
Each PARTY to this Agreement hereby agrees to defend and indemnify
the other PARTIES to this Agreement, their agents, officers and employees, fix)m any claim,
action or proceeding against the other PARTIES, arising solely out of its own acts or omissions
m the performance of this Agreement. At each PARTY'S sole discretion, each PARTY may
participate at its own expense in the defense of any claim, action or proceeding, but such
participation shall not relieve any PARTY of any obligation imposed by tiiis Agreement
PARTIES shall notify each other prompfly of any claim, action or proceeding and cooperate
fiilly in the defense.
7.2.2 Claims Arising From Concurrent Acts or Omissions
The PARTIES hereby agree to defend themselves frcnn any claim, action
or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases,
PARTIES agree to retain tiieir own legal counsel, bear their own defense costs, and waive their
right to seek reimbursement of such costs, except as provided in paragraph 7.2.4 below.
1.23 Joint Defense
Notwitiistanding paragraph 7.2.2 above, in cases where PARTIES agree in
writing to a joint defense, PARTIES may appoint joint defense counsel to defend tiie claim,
action or proceeding arising out Of the concurrent acts or omissions of PARTIES. Joint defense
counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs
of such joint defense and any agreed settiement in equal amounts, except as provided in
paragi^h 4 below. PARTIES fiirtiier agree tiiat no PARTY may bind the others to a settlement
agreement without the written consent of the others.
7.2.4 Reimbursement and/or Reallocation
Where a trial verdict or arbitixition award allocates or determines tiie
comparative fault ofthe parties, PARTIES may seek reimbursement and/or reallocation of
defense costs, settlement payments, judgments and awards, consistent with such comparative
fault
8. GENERAL PROVISIONS
8.1 Notices
Any notice, request, demand or other communication required or permitted
hereunder shall be in writing and may be personally delivered or given as of tiie date of mailing
by depositing such notice in the United States mail, fu-st-class postage prepaid and addressed as
follows or, to such other place as each party may designate by subsequent written notice to each
other:
To COUNTY and SHERIFF:
Sheriff Chief Probation Officer
San Diego County SherifTs Department Probation Department
P. O. Box 939062 9444 Balboa Avenue, Ste. 500
San Diego, CA 92193 San Diego, CA 92123
To Non-County PARTIES:
Chief of Police Chief of Police
Carlsbad Police Departinent Chula Vista Police Departinent
2560 Orion Way 315 Fourth Avenue
Carlsbad, CA 92010 Chula Vista, CA 91910
Chief of Police
Coronado Police Department
700 Orange Avenue
Coronado, CA 92118
Chief of Police
El Cajon Police Department
100 Civic Center Way
El Cajon, CA 92020-3916
Chief ofPolice
Escondido Police Department
1163 North Centi* City Paricway
Escondido, CA 92026
Chief ofPolice
National City Department
1200 National City Blvd
National City, CA 91950
Chief of Police
San Diego Police Department
1401 Broadway,
San Diego, CA 92101
Chief ofPolice
Public Safety / Police Department
San Diego State University
5500 Campanile Drive
San Diego, CA 92182-4390
Chief ofPolice
University of Califomia San Diego
9500 Gihnan Drive #0017
La Jolla, CA 92093
Sheriff
Orange County Sheriffs Department
550 N. Flower Street
Santa Ana, CA 92703
Chief of Police
La Mesa Police Department
8085 University Ave
La Mesa, CA 91942
Chief ofPolice
Oceanside Police Department
3855 Mission Ave
Oceanside, CA 92058
Chief of Harbor Police
San Diego Harbor Police Departinent
3380 N. Harbor Dr.
San Diego, CA 92101
Sheriff
San Luis Obispo County Sheriff's
Office
1585 Kansas Avenue
San Luis Obispo, CA 93405
Sheriff
Los Angeles County Sheriff's Department
Special Enforcement Bureau
1060 N. Eastem Ave.
Los Angeles, CA 90063
Sheriff
Santa Barbara County Sheriff's Office
4434 Calle Real
SantaBarbara,CA 93110
Sheriff
Ventura County Sheriff's Office
800 South Victoria Avenue
Ventura, CA 93v09
Chief of Enforcement
Califomia Department of Fish and Wildlife
1416 9* Stireet Room 1326
Sacramento, CA 95829
Chief Chief of Investigations Division
Califomia Departinent of Parks and CalifOTnia Departinent of Motor
Recreation Vehicles
1416 9tii Street 2120 Broadway,
Sacramento, CA 95814 Sacramento CA 95818
Chief Chief - Office of Correctional Safety
Califomia Highway Patix>l Califomia Department of Corrections,
9330 Famham St and Rehabilitation
San Diego, CA 92123 1515 S Street Room 201-North
Sacramento, CA 95811
A notice shall be effective on tiie date of perscmal delivery if personally delivered before 5:00
p.m. on a business day or otherwise <m the first busmess day following personal delivery; or two (2)
business days followmg the date the notice is postmarked, if mailed; or on the first business day
following delivery to the applicable ovemight courier, if sent by ovemight courier for next business
day delivery and otherwise when actually received.
5.2 Amendment
This Agreement may be modified or amended only by a written document signed by the
COUNTY tiirough SHERIFF and tiie affected PARTY or PARTIES, and no oral understanding or
agreement shall be binding on any PARTY or PARTIES.
8.3 Entire Agreement
This Agreranent constitutes the complete and exclusive statement of agreement between
tiie COUNTY and Non-County PARTIES witii respect to tiie subject matter hereto. As such, all prior
written and oral understandings are superseded in total by this Agreement.
8.4 Construction
This Agreement will ; ied o have been made and shall be constmed, interpreted,
goveraed, and enforced pursuant ) and in . cu. dance with tiie laws of the State of Califomia. The
headings and captions used in this Agreemcit are for convenience and ease of reference only and shall
not be used to constme, interpret expand, or limit the terms of the Agreement and shall not be
constmed against any one party.
8.5 Waiver
A waiver by COUNTY or Non-County PARTIES of a breach of any of the covenants to
be performed by COUNTY or Non-County PARTIES shall not be constmed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions, or conditions ofthis
Agreement in addition, the failure of any party to insist upon strict compliance witii any provision of
this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any
subsequent breach. The acceptance by COUNTY or Non-County PARTIES of eitiier performance or
payment shall not be considered a waiver of PARTY'S preceding breach of this Agreement
8.6 Authority to Enter Agreement
COUNTY and Non-County PARTIES have all requisite power and autiiority to conduct
their respective business and to execute, deliver, and perfonn the Agreement. Each PARTY warrants
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tiiat the individuals who have signed this Agreement have the legal power, right and autiiority to make
this Agreement and to bind each respective party.
8.7 Cooperation
COUNTY tiirough SHERIFF and Non-County PARTIES will cooperate in good faitii to
implement this Agreement
8.8 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same instnmaent
8.9 Severability
This Agreement is subject to all ^plicable laws and regulations. If any provision of
tills Agreement is found by any Court or other legal authority, or is agreed upon by tiie PARTIES, to
be in conflict with any law or regulation, then the conflicting provision shall be considered null and
void. Ifthe effect of nullifying any conflicting provision is such that a material benefit of this
Agreement to any PARTY is lost then the Agreement may be terminated at the option ofthe affected
PARTY, with the notice as requued in this Agreement. In all other cases, the remsunder ofthis
Agreement shall be severable and shall continue in fiill force and effect.
8.10 Representation
PARTIES' Chief, or their respective designee, shall represent PARTIES in all
discussions pertaining to tills Agreement. SHERIFF, or his or her designee, shall represent SHERIFF
in all discussions pertaining to this Agreement.
8.11 Dispute Resolution Concerning Services and Payment
In the event ofany dispute conceming services and payment arising from this
Agreement, tiie SHERIFF, or his or her designee, and PARTIES' Chief ofPolice, or his or her
respective designee, will meet and confer witiiin 10 (ten) business days after receiving notice ofthe
dispute to resolve the dispute.
8.12 Termination f Funding
In the e vent that funding for reimbursement of costs related to OPSG Activities is
terminated by tiie DKS, this Agreement in its entirety shall be considered null and void and COUNTY
through SHERIFF and PARTIES shall no longer be required to provide OPSG Activities as described
herein. In such event the COUNTY tlirough SHERIFF and PARTIES shall meet immediately, and if
agreed upon by tiie COUNTY tiirough SHERIFF and PARTIES, muttially develop and implement
within a reasonable time frame, a transition plan for the provision of OPSG Activities tiirough altemate
means.
8.13 Obligation
This Agreement shall be binding upon the successors of the PARTIES.
8.14 California Law
This Agreement is executed and delivered witiiin the State of Califomia and tiie rights
and obligations ofthe PARTIES hereto shall be constmed and enforced in accordance with, and
govemed by the laws of the State of Califomia.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this
day of , 2014.
COUNTY OF SAN DIEGO
SHERIFF'S DEPARTMENT
COUNTY OF SAN DIEGO
PROBATION DEPARTMENT
William D. Gore
Sheriff
Mack Jenkins
Chief
CARLSBAD POLICE
DEPARTMENT
Gary Morrison
Chief
CHULA VISTA
POLICE DEPARTMENT
David Bejarano
Chief
CORONADO POLICE
DEPARTMENT
EL CAJON
POLICE DEPARTMENT
Jon Froomin
Chief
Jim Redman
Chief
ESCONDIDO POLICE
DEPARTMENT
LA MESA POLICE
POLICE DEPARTMENT
Craig Carter
Chief
Ed Aceves
Chief
NATIONAL CITY
POLICE DEPARTMENT
OCEANSIDE POLICE
DEPARTMENT
Manuel Rodriguez
Chief
Frank McCoy
Chief
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SAN DIEGO POUCE
DEPARTMENT
CITY OF SAN DIEGO
William Lansdowne
Chief
SAN DIEGO HARBOR POLICE
DEPARTMENT
Mayor Todd Gloria (Interim)
or Designee
SAN DIEGO STATE UNIVERSITY
POLICE DEPARTMENT
John Bolduc
Chief
UNIVERSITY OF CALIFORNIA
SAN DIEGO POLICE DEPARTMENT
John Browning
Chief
LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT
Orville King
Chief
ORANGE COUNTY
SHERIFF'S DEPARTMENT
Sheriff
SAN LUIS OBISPO COUNTY
SHERIFF'S OFFICE
Sandra Hutchens
Sheriff
SANTA BARBARA COUNTY
SHERIFF'S OFFICE
Ian Parkinson
Sheriff
VENTURA COUNTY SHERIFF'S
OFFICE
Bill Brown
Sheriff-Coroner
CALIFORNIA HIGHWAY
PATROL
Geoff Dean
Sheriff
CALIFORNIA DEPARTMENT
OF FISH AND WILDLIFE
Jim Abele
Chief, Border Division
Lisa Gallegos
Chie^ Business Management Branch
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CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION
CALIFORNIA DEPARTMENT
OF MOTOR VEEDCLES
Anthony Chaus
Chief- Office of Correctional Safety
Frank Alvarez
Chief, Investigations
CALIFORNIA DEPARTMENT
OF PARKS AND RECREATION
Clay Phillips
(A) District Superintendent
Approved as to form and legality:
SAN DIEGO COUNTY COUNSEL
Approved as to form and legality:
JAN GOLDSMITH, CITY ATTY.,
CITY OF SAN DIEGO
Dana L. Begley
Senior Deputy
Linda L. Peter
Deputy City Attomey
Approved as to form and legality:
ORANGE COUNTY COUNSEL
Nicole A. Sims
Senior Deputy
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