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HomeMy WebLinkAbout2015-03-10; City Council; 21881; Participate FY14 Operation Stonegarden Grant Border Security,Police Department Grant FundCITY OF CARLSBAD - AGENDA BILL AB# 21,881 APPROVAL TO PARTICIPATE IN FY2014 OPERATION STONEGARDEN GRANT TO IMPROVE BORDER SECURITY, AND APPROPRIATE $64,021 TO THE POLICE DEPARTMENT SPECIAL REVENUE GRANT FUND DEPT. DIRECTOR DATE: 3/10/15 APPROVAL TO PARTICIPATE IN FY2014 OPERATION STONEGARDEN GRANT TO IMPROVE BORDER SECURITY, AND APPROPRIATE $64,021 TO THE POLICE DEPARTMENT SPECIAL REVENUE GRANT FUND DEPT: Police APPROVAL TO PARTICIPATE IN FY2014 OPERATION STONEGARDEN GRANT TO IMPROVE BORDER SECURITY, AND APPROPRIATE $64,021 TO THE POLICE DEPARTMENT SPECIAL REVENUE GRANT FUND CITY MGR. Ij^ RECOMMENDED ACTION; City Council adopt Resolution No. 2015-055 approving participation in US Department of Homeland Security FY2014 Operation Stonegarden and appropriating $64,021 to a special revenue grant fund to conduct joint anti-smuggling operations in coastal North County San Diego. ITEM EXPLANATION; The US Department of Homeland Security Operation Stonegarden is a program to enhance security along the borders ofthe United States, partnering local, state and federal agencies. The City of Carlsbad Police Department will work with the US Department of Homeland Security, US Customs and Border Protection Border Patrol, state and other local law enforcement agencies in San Diego County to collaborate to raise border security by increasing law enforcement presence along the border, joint special operations, information sharing, and communication. San Diego County Sheriffs Department received funds from the US Department of Homeland Security, and is authorized to execute expenditure contracts to reimburse participating cities for overtime, equipment and other expenses. State and local law enforcement agencies will enforce local/state laws within their jurisdiction but not immigration law on behalf of US Customs and Border Protection Border Patrol. The FY2014 Operation Stonegarden operational period is Oct. 1, 2014 through Sept. 30, 2015. FISCAL IMPACT; Eligible reimbursable costs for FY2014 are $57,974 for overtime, $841 for benefits, and $5,206 for mileage reimbursement, for a total of $64,021; which shall be placed into a special revenue grant fund for Fiscal Year 2014 under Operation Stonegarden. These expenses are eligible for full reimbursement by San Diego County Sheriff's Department with Operation Stonegarden federal funds. Staff will monitor the budget for this grant on a monthly basis. ENVIRONMENTAL IMPACT; Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require further environmental review. DEPARTMENT CONTACT: Fiona Everett 760-931-2279 flona.everett@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER- SEE MINUTES • AMENDED • REPORT RECEIVED • EXHIBITS; 1. Resolution No. 2015-055 approving participation in US Department of Homeland Security FY2014 Operation Stonegarden and appropriating $64,021 to conduct joint anti-smuggling operations in coastal North County San Diego. 2. Operation Stonegarden FY2014 Agreement 3. FY2014 Operation Stonegarden Agency Allocation Worksheet 1 RESOLUTION NO. 2015-055 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE POLICE DEPARTMENT'S PARTICIPATION IN US DEPARTMENT OF HOMELAND SECURITY 4 FY14 OPERATION STONEGARDEN AND APPROPRIATING $64,021 FOR ANTI-SMUGGLING OPERATIONS. 3 5 6 7 8 9 10 28 WHEREAS, the US Department of Homeland Security has identified the goal of increased border security; and WHEREAS, San Diego County Sheriff's Department received funds from the US Department of Homeland Security and is authorized to execute expenditure contracts to 11 reimburse participating cities for overtime and mileage; and 12 WHEREAS, it is the desire of Carlsbad Police Department to participate in this program to increase coastline security; NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 13 14 15 16 17 18 2. That Council approves participation in FY14 Operation Stonegarden. 19 3. That the Administrative Services Director is authorized to appropriate $64,021 in a special revenue grant fund for Fiscal Year 2014 under Operation Stonegarden between October 1, 2014 and September 30, 2015. 4. That the Chief of Police is authorize to execute the 2014 Operation Stonegarden Grant 20 21 22 23 24 MOA with the County of San Diego on behalf of the City of Carlsbad 25 // 26 27 // // 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the day of 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. 'JO. MATT HALL, Mayor ATTEST: SiHELLEY C0LL\N|5, CMC, Assistant City Clerk (SEAL) ^^^^^^^ AGREEMENT FOR THE FISCAL YEAR 2014 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, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), the SAN DIEGO UNIFIED PORT DISTRICT ("SDUPD"), the UNIVERSITY OF CALIFORNIA SAN DIEGO ("UCSD"), the COUNTY OF LOS ANGELES ("LAC"), the COUNTY OF MONTEREY ("MC"), the COUNTY OF ORANGE ("OC"), the COUNTY OF SAN LUIS OBISPO ("SLOC"), the COUNTY OF SAN MATEO ("SMC"), the COUNTY OF SANTA BARBARA ("SBC"),, the COUNTY OF SANTA CRUZ ("SCC"), the COUNTY OF VENTURA ("VC"), the CALIFORNIA HIGHWAY PATROL ("CHP"), the CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE ("DFW"), the CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ("DMV"), and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ("DPR"), 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 University, participating agencies are their respective police department. For LAC, MC, OC, SLOC, SMC, SBC, SCC, and VC, participating agencies are their respective Sheriffs Department. CHP, DFW, DMV, and DPR do not have subordinate agencies or department participants. RECITALS R.1 COUNTY through SHERIFF requested and received funds from the U.S. Department of Homeland Security (DHS) passed through the Califomia Governor's Office of Emergency Services (CalOES), under the Fiscal Year (FY) 2014 Operation Stonegarden Grant (OPSG) Program. R.2 Funds shall be used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States. R.3 Govemment Code §55632 authorizes COUNTY through 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 January 27,2015, approved and authorized the SHERIFF to execute expenditure contracts to use FY2014 OPSG funds to reimburse all PARTIES for overtime expenses; equipment and vehicle purchases; fuel, mileage, flight, and vehicle and equipment maintenance costs incurred in OPSG activities not to exceed the amounts described in Exhibit A - Budget Worksheet, during the project period September 1,2013 through May 31,2015. R.6 PARTIES agree to maintain documentation supporting all expenditures reimbursed from OPSG grant fimds, ensure all expenditures are allowable tmder grant requirements, adhere to their jurisdictions authorized procurement methods and comply with the Single Audit Act and OMB Circular A-133 regarding an organization-wide financial and compliance audit reports if $500,000 or more of OPSG federal funds are expended in a fiscal year. The documentation and records shall be maintamed and retained in accordance with OPSG grant requirements and shall be available for audit and inspection. (a) For accounting purposes, the following is a description of OPSG funds: 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 2014 Budget Worksheet (b) Exhibit B - FY 2014 Grant Assurances as set forth by the CalOES (c) Exhibit C - FY 2014 OPSG Operations Order (d) Exhibit D - FY 2014 Homeland Security Grant Program Funding Opportunity Announcement (FOA), which can be referenced at http://www.fema.gov/media-librarv- data/1395161200285-5b07ed0456056217175fbdee28d2b06e/FY 2014 HSG? FOA Final.pdf (e) Exhibit E - FY 2014 The Operation Stonegarden Grant Program State Supplemental Guidance ("Guide"), which can be referenced at http://caloes.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 that COUNTY through 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 of this Agreement is to satisfy the OPSG proposal submitted to and awarded by the U.S. Department of Homeland Security passed through the Califomia Emergency Management Agency, imder the Operation Stonegarden Grant. 2. SCOPE OF SERVICES 2.1 Method of Service Delivery SHERIFF will maintain the OPSG grant and will be administratively responsible for coordination of PARTIES' obligations under this Agreement. The SHERIFF'S OPSG program will be staffed as described in section 4. Standards of Service: Obligations of the 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 other OPSG partner agencies in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region 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 this Agreement shall be retroactive to 12:01 a.m. on September 1, 2014, and shall continue in effect through and terminate at midnight on May 31,2016; subject to the termination provision in section 3.2. 3.2 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation m this Agreement upon ninety-day (90) minimum written notice to the other PARTIES. 4. STANDARDS OF SERVICE; OBLIGATIONS OF THE PARTIES 4.1 Anticipated Outcome The anticipated outcome of the OPSG Activities to be provided by PARTIES under this Agreement is increased law enforcement presence m 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 the 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 the PARTIES and in Exhibit C - FY 2014 OPSG Operations Order, 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 from the border, including the water borders. In addition, PARTIES will utilize their xmique investigatory areas of expertise in operations. 4.1.2 Increase intelligence/information sharing among PARTIES, including but not limited to the foliowmg activities: 4.1.2.1 Conduct bi-monthly meetings with a minimum of one representative from each PARTY. 4.1.2.2 Increase information sharing during operations. 4.1.3 Prior to OPSG Operations, PARTIES Designated Coordinator, as outlined 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 of the SHERIFF and US Border Patrol swom grant representatives. The role of the IPT is to work together to provide support and 1 guidance to the local, state and federal law enforcement stakeholders withm the grant. The Operations Plan is to be submitted via email to the current IPT point of contact and to SDCOPSG2008@cbp.dhs.gov. 4.1.4 At the conclusion of each shift (Operation) funded by OPSG, state/local law enforcement officers in each agency will complete a Daily Activity Report (DAR). The DAR will be submitted via email to Customs and Border Protection Sector Headquarters at: SDCOPSG2008@cbp.dhs.gov and SHERIFF at: stonegarden@sdsheriff org. The work week for OPSG is Wednesday - Tuesday. 4.1.5 At the conclusion of each shift (Operation) funded 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 Each partner agency will send their weekly/bi-weekly/monthly OPSG schedule (whichever applies), 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 Qualifications And Assignment 4.2.1 Qualifications 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 Management, Direction and Supervision; Independent Contractors The hiring, firing, management, dnection, and supervision of each PARTY'S personnel, the standards of performance, the discipline of each PARTY'S personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY'S sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to OPSG by this AGREEMENT. PARTIES shall have no liability for any direct payment of salary, wages, indenmity, 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 full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY. 4.2.3 Designated Coordinators SHERIFF shall select and designate a Coordinator, at the rank of Sheriffs Lieutenant, who shall manage and direct the OPSG program. Each other PARTY shall select and designate a Coordinator for their respective agency imder this Agreement. The Designated Coordinators for each PARTY shall serve as their agency contact and shall implement, as needed, appropriate procedures goveming the performance of all requirements under this i Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise conceming implementation of this Agreement. 4.2.4 Staffing 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 through SHERFF will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Activities. Similarly, County Participating Agency and all Non- County PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Activities unless otherwise specified in Exhibit C. PARTIES are responsible for the procurement of their own equipment to be used in OPSG Operations. PARTIES will mamtain an inventory list of all equipment purchased with OPSG fimds and when practicable, the equipment shall be prominently labeled as follows: "Purchased with funds provided hy the U.S. Department of Homeland Security" per federal guidelines. 5. COST QF SERVICES/CONSIDERATION 5.1 General 5.1.1 As full consideration for the satisfactory performance and completion by PARTIES of Activities set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform OPSG Activities on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the U.S. Department of Homeland Security (DHS) passed through the Califomia Govemor's Office of Emergency Services (CalOES). 5.1.2 PARTIES agree that 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 2014 Budget Worksheet and that unallowable costs are not reimbursable as set forth in Exhibit D. 5.1.3 No reimbursement 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 adjustments to PARTY claims to correct for previous overpayment and disallowances or underpayments. 5.2 Proiect Costs/Rate of Compensation COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform OPSG Activities and shall reimburse for equipment and vehicle purchases, equipment and vehicle maintenance, flight costs, fuel, and mileage based upon available funding and the actual costs incurred by PARTIES to provide Activities, purchase and /2 1 maintain equipment and vehicles, flight costs, fuel, and mileage, under this Agreement, provided the costs were included in the approved Operations Order. 5.3 Method of Payment 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 under this Agreement to SHERIFF within 90 days from the date expenditure was incurred. All requests for reimbursement shall be sent to: San Diego County Sheriff's Department, Grants Unit, Ref: OPSG, P. O. Box 939062, San Diego, CA 92193. 5.3.1 Reimbursement forms and invoices must have the signature of PARTY'S Authorized Agent, certifying that the invoice, labor reports and timesheets are tme and correct. 5.3.2 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 worked, date overtime worked and fringe 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. 5.3.3 Within ninety (90) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 5.3.4 Each PARTY is 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 funds allocated to that PARTY for the time period can be redistributed among other 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 the primary reference and day-to-day management tool m all programmatic, financial, and grant administration matters. The Guide, FOA and 44 CFR Part 13 shall be used in conjunction with the provision of the CFRs (Code of Federal Regulations) and OMB (Office of Management and Budget) Circulars, G&T (Grants & Training) information bulletins, and CalOES policy, regulations, and statutes. 6.1.1 Contract Provisions PARTIES shall ensure that ALL contracts are adhering to the 13 required provisions found in Exhibit F - 44 CFR, Part 13, Subpart C, Section 13.36 (i). Reimbursement claims associated with contracts that are found to be in non-compliance with the required 13 provisions will be denied. 6.1.2 Sole Source Purchases PARTIES must request and receive prior approval from CalOES, through SHERIFF, for any sole source procurement of goods or services per 44 CFR Section 13.36. 7. INDEMNIFICATION RELATED TQ WQRKERS COMPENSATION. EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 7.1 Workers Compensation And Employment 7.1.2 The COUNTY shall fully indemnify and hold harmless Non-County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/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 from 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 retained by the COUNTY, 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 the COUNTY or any contract labor provider retained by the COUNTY. 7.1.2 Each Non-Coimty PARTY shall fully mdemnify and hold harmless the COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attomeys' fees and court 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 from or related to, or clauned 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 Qr Omissions; Negligence 7.2.1 Claims Arising From Sole Acts 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, from any claim, action or proceeding against the other PARTIES, arising solely out of its own acts or omissions in 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 this Agreement. PARTIES shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 7.2.2 Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their 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. 7.2.3 Joint Defense Notwithstanding paragraph 7.2.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the 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 settlement in equal amounts, except as provided in paragraph 4 below. PARTIES further agree that no PARTY may bind the ottiers to a settlement agreement without the written consent of the others. 7.2.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determmes the comparative fault of the 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 the date of mailing by depositing such notice in the United States mail, first-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 Sheriffs Department Probation Department P. O. Box 939062 SanDiego, CA 92193 To Non-County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 9444 Balboa Avenue, Ste. San Diego, CA 92123 500 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police El Cajon Police Department 100 Civic Center Way El Cajon, CA 92020-3916 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police 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 of Police University of Califomia San Diego 9500 Gihnan Drive #0017 La Jolla, CA 92093 Sheriff Monterey County Sheriffs Office 1414 Natividad Road, Salmas, CA 93906 Sheriff San Luis Obispo County Sheriffs Office 1585 Kansas Avenue San Luis Obispo, CA 93405 Sheriff Santa Barbara County Sheriffs Office 4434 Calle Real Santa Barbara, CA 93110 Sheriff Ventura County Sheriffs OfBce 800 South Victoria Avenue Venttira, CA 93009 Chief of Enforcement Califomia Department of Fish and Wildlife 1416 9* Sti-eet, Room 1326 Sacramento, CA 95829 Chief of Police La Mesa Police Department 8085 University Ave LaMesa, CA 91942 Chief of Police Oceanside Police Department 3855 Mission Ave Oceanside, CA 92058 Chief of Harbor Police San Diego Harbor Police Department 3380 N. Harbor Dr. San Diego, CA 92101 Sheriff Los Angeles County Sheriffs Department Special Enforcement Bureau 1060 N. Eastem Ave. Los Angeles, CA 90063 Sheriff Orange County Sheriffs Department 550 N. Flower Street Santa Ana, CA 92703 Sheriff San Mateo County Sheriffs Office 400 County Center Redwood City, Ca. 94063 Sheriff Santa Cruz Sheriffs Office 701 Ocean Sti-eet Room 340 Santa Cruz, CA 95060 Chief Califomia Highway Patrol 9330 Famham St. SanDiego, CA 92123 Chief of Investigations Division Califomia Department of Motor Vehicles 2120 Broadway, Sacramento CA 95818 7- Chief Califomia Department of Parks and Recreation 1416 9th Sti-eet Sacramento, CA 95814 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the fnst business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by ovemight courier for next business day delivery and otherwise when actually received. 8.2 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 8.3 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and Non-County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded m total by this Agreement. 8.4 Construction This Agreement will be deemed to have been made and shall be constmed, interpreted, govemed, and enforced pursuant to and in accordance with the laws of the State of Califomia. The headings and captions used in this Agreement 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-Coimty PARTIES shall not be constmed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compUance with 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 either 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 authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority 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. 10 i4 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 instrument. 8.9 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the 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 of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 8.10 Representation PARTIES' Chief, or their respective designee, shall represent PARTIES m all discussions pertaining to this 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 of any dispute conceming services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within 10 (ten) business days after receiving notice ofthe dispute to resolve the dispute. 8.12 Termination of Funding In the event that ftinding for reunbursement of costs related to OPSG Activities is terminated by the DHS, this Agreement m 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, tiie COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by tiie COUNTY tiirough SHERIFF and PARTIES, mutually develop and implement withm a reasonable time frame, a fransition plan for the provision of OPSG Activities through 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 within the State of Califomia and the rights and obligations ofthe PARTIES hereto shall be constined and enforced in accordance witii, and govemed by the laws of the State of Califomia. IN WITNESS WHEREOF, the PARTIES hereto have executed tiiis Agreement on this day of , 2015. 11 15 COUNTY QF SAN DIEGO SHERIFF'S DEPARTMENT COUNTY OF SAN DIEGO PROBATION DEPARTMENT William D. Gore Sheriff Mack Jenkins Chief CARLSBAD POLICE DEPARTMENT CHULA VISTA POLICE DEPARTMENT Gary Morrison Chief David Bejarano Chief CORONADO POLICE DEPARTMENT CITY OF EL CAJON Jon Froomin Chief Douglas Williford City Manager 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 12 SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO Shelley Zimmerman Chief Mayor Kevin L. Faulconer or Designee SAN DIEGO HARBOR POLICE DEPARTMENT UNIVERSITY QF CALIFORNIA SAN DIEGO POLICE DEPARTMENT John Bolduc Chief David S. Rose Chief LOS ANGELES COUNTY SHERIFF'S DEPARTMENT MONTEREY COUNTY SHERIFF'S OFFICE Jim McDonnell Sheriff Scott Miller Sheriff-Coroner ORANGE COUNTY SHERIFF'S DEPARTMENT SAN LUIS OBISPO COUNTY SHERIFF'S OFFICE Sandra Hutchens Sheriff Ian Parkinson Sheriff SAN MATEO COUNTY SHERIFF'S OFFICE SANTA BARBARA COUNTY SHERIFF'S OFFICE Greg Munks Sheriff Bill Brown Sheriff-Coroner 13 SANTA CRUZ COUNTY SHERIFF'S OFFICE VENTURA COUNTY SHERIFF'S OFFICE Jim Hart Sheriff Geoff Dean Sheriff CALIFORNIA HIGHWAY PATROL CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Jim Abele Chief, Border Division CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Lisa Gallegos Chief, Business Management Branch CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Frank Alvarez Chief, Investigations 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 William L. Pettingill Senior Deputy Linda L. Peter Deputy City Attomey Approved as to form and legality: ORANGE COUNTY COUNSEL Approved as to form and legality: LOS ANGELES COUNTY COUNSEL Nicole A. Sims Senior Deputy Mark Saladino ASTOFORllpep^ty WMONSON AssittanlCityAtlonity i4 CilyorCailirtNitf 1^ :3 FY 2014 OPERATION STONEGARDEN AGENCY ALLOCATION WORKSHEET REQUIRES SIGNIFICANT JUSTIFICATION AGENCY NAME FY14APPROVED ALLOACATION FY 14 PENDING EQUIPMENT ALLOCATION TOTAL ALLOCATION AGENCY NAME FY14APPROVED ALLOACATION EQUIPMENT QTY TOTAL COST TOTAL ALLOCATION San Diego County Sheriffs Department 2,158,405 Marked Patrol Vehicles, fully outfitted License Plate Reader systems for marked patrol vehicles Reaper cameras LPR mobility kits (mobile LPR systems) 5 5 10 5 J 325,000 $ 141,000 $ 120,000 $ 70,000 2,814,405 San Diego County Probation 50,000 50,000 Carlsbad Police Department 64,021 64,021 Chula Vista Police Department 144,954 144,954 Coronado Police Department 25,000 Mobtte Law Enforcement License Plate Recognition (ALPR) 2 $ 40,174 65,174 El Cajon Poice Department 25,000 License plate reader Patrol vehicle 1 $ 23,000 $ 56,000 104,000 Escondido Police Department 50,000 50,000 La Mesa Police Department 60,397 60,397 National City Police Department 42,278 Thermal Night Vision Monocular License plate readers 3 1 $ 5,667 $ 21,000 68,945 Oceanside Police Department 75,000 License Plate Reader(LPR) Camera with Intergrated Processor 4 $ 59,276 133.276 San Diego Harbor Police 234,090 234,090 San Diego Police Department 150,000 150,000 University of California San Diego Police Department 25,000 Night Vision Goggles 2 $ 10,260 35,260 LA County Sheriffs Department 350,000 350,000 Orange County Sheriffs Department 200,000 200,000 San Luis Obispo County Sheriffs Office 240,986 Covert Video Cameras with wireless modems for data transmission $ 60,000 300,986 Santa Barbara County Sheriffs Office 211,391 Long range, Infrared binocular Night vision monoculars 2 4 S 30,000 S 11,400 302,791 Ventura County Sheriffs Office 241,590 Portable FLIR Covert License Plate Reader Trailers 2 1 $ 160,000 $ 50,000 451,590 Monterey County Sheriffs Office 50,000 50,000 Santa Cruz County Sheriffs Office 50,000 50,000 San Mateo County Sheriffs Office 50,000 50,000 CA Highway Patrol 392,583 392,583 CA Department of Fish and Wildlife 60,397 60,397 CA Department of Motor Vehicles. Investigators 90,596 90,596 CA Department of Parks and Recreation 314,066 Night Vision Goggles 25ft. Safeboat, fully equipped with twin Diesel motors and Code 3 response 2 1 $ 11,000 $ 190,000 515,066 Grand Total San Diego County Region $ 5,355,754 $ 1,432,771; S 6,788,531 2014 OPSO AWARD AMOUNT $ e,78S,Sae 1^ FY 2014 OPERATION STONEGARDEN AGENCY ALLOCATION WORKSHEET Agency: CaHsbacl PoHce Department Address: 2560 Onon Way Carlsbad, CA 92010 Operational Contact: Sepqeant GH Beasofi (760)931-2136 Fiscal contact: pjona Evsrett (760)931-2279 TOTAL ALLOCATION $ 64,021 Project Code Budget Category Total Allocated Amount A Operational Overtime 57,974 B Fringe Benefits 841 C Vehicle Maintenance - D Equipment Maintenance - E New/Replace Equipment - F Fuel Costs - G Mileage 5,206 H Flight Costs - TOTAL $ 64,021 OPERATIONAL OT & FRINGE BENEFITS COST STAFFING FORMULA CLASSIFICATION OVERTIME HOURS TOTAL OT RATE OPERATIONAL OT COST FRINGE BENEFIT (WORKER'S COMP & FICA) mm 1-2 person unit x 1 day per week x 8 hour shift x 52 weel^s 1 sergeant x 1 day per weel^ x 8 hour shift x 12 weeks Corporal Sergeant 832,00 96.00 $ 57,974 $ 61.11 74.28 60,844 $ 7,131 $ $ 841 737.23 103.40 DISPATCHERS Sworn Worker's Comp 0.00% Medicare 1.45% FICA 0.00% OASDI 0.50% Total Fringe Benefits 1.45% Dispatchers/Non-Sworn 0,00% 2i) VEHICLE/VESSEL MAINTENANCE PURPOSE COMPUTATION COST EQUIPMENT MAINTENANCE PURPOSE COMPUTATION COST FUEL PURPOSE COMPUTATION COST MILEAGE PURPOSE COMPUTATION COST Includes fuel and maintenance 9,295 miles x $.56/mile 5206.00 FLIGHT COSTS PURPOSE COMPUTATION COST m