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.
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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.
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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
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24 MOA with the County of San Diego on behalf of the City of Carlsbad
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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
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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
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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
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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