HomeMy WebLinkAbout2016-05-17; City Council; Resolution 2016-0901
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RESOLUTION NO. 2016-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE POLICE DEPARTMENrS
PARTICIPATION IN US DEPARTMENT OF HOMELAND SECURITY
FY15 OPERATION STONEGARDEN AND APPROPRIATING $40,000
FOR ANTI-SMUGGLING OPERATIONS.
EXHIBIT 1
WHEREAS, the US Department of Homeland Security has identified the goal of increased
border security; and
WHEREAS, 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 and mileage; and
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 of the City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That Council approves participation in FY15 Operation Stonegarden, which has an
operational period between September L 2015 and May 31, 2018.
3. That the Administrative Services Director is authorized to appropriate $40,000 in a
special revenue grant fund under FY15 Operation Stonegarden.
4. That the Chief of Police is authorized to execute the FY15 Operation Stonegarden
Grant MOA with the County of San Diego on behalf of the City of Carlsbad attached
hereto as Attachment A.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 17th day of -~M=a:...L.y __ , 2016, by the following vote to wit:
AYES: Hall, Schumacher, Blackburn.
NOES: None.
ABSENT: Wood, Packard.
MATI HALL, Mayor
ATTEST:
Item 2; page 4
AGREEMENT FOR THE
FISCAL YEAR 2015
OPERATIONSTONEGARDEN(OPSG)GRANT
1. 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"), and the CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION ("DPR"), collectively the "PARTIES", for program support of the Operation
Stonegarden Grant ("OPSG")."
1.1 Party Departments Or Agencies Participating In The Agreement
For the COUNTY, participating agencies are the Probation Department
("PROBATION") and the Sheriff's 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, and DPR do not have subordinate agencies or department participants.
2. RECITALS
2.1 COUNTY through SHERIFF requested and received funds from the U.S. Department
of Homeland Security (DHS) passed through the California Governor's Office of Emergency
Services (CalOES), under the Fiscal Year (FY) 2015 Operation Stone garden Grant (OPSG)
Program.
2.2 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.
2.3 Government Code §55632 authorizes COUNTY and PARTIES to contract for
provision of joint law enforcement services.
2.4 PARTIES desire to enter into an agreement with provisions concerning the nature and
extent of OPSG collaboration, services rendered, and compensation.
2.5 COUNTY, by action of the Board of Supervisors Minute Order No.3 on October 27,
2015, approved and authorized the SHERIFF to execute expenditure contracts to use FY
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2015 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 Operations not to exceed the amounts described in Exhibit A-FY 2015 Budget
Worksheet, during the project period September 1, 2015 through May 31, 2018.
2.6 PARTIES shall maintain documentation supporting all expenditures reimbursed from
OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to
their jurisdictions authorized procurement methods and comply with the Single Audit Act
Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F
Audit Requirements regarding an organization-wide financial and compliance audit reports if
$750,000 or more of OPSG federal funds are expended in a fiscal year. The documentation
and records shall be maintained and retained in accordance with OPSG grant requirements
and shall be available for audit and inspection. For accounting purposes, the following is a
description of OPSG funds:
(a) Federal Grantor Agency: U.S. Department of Homeland Security
(b) Pass Through Agency: California Governor's Office ofEmergency Services
(CalOES)
(c) Program Title: Homeland Security Grant Program
(d) Grant Identification Number: 2015-1078
(e) Federal CFDA Number: 97.067
2.7 PARTIES agree to each of the following Exhibits attached hereto and/or available
using the referenced link:
(a) Exhibit A-FY 2015 Budget Worksheet
(b) Exhibit B -FY 2015 Grant Assurances
(c) Exhibit C-FY 2015 OPSG Operations Order
(d) Exhibit D-FY 2015 Homeland Security Grant Program Notice of Funding
Opportunity (NOFO), which can be referenced at http://www.fema.gov/media-
library-data/1429291822887-
7f203c9296fde6160b727475532c7796/FY2015HSGP NOFO v3.pdf
(e) Exhibit E-FY 2015 The Operation Stone garden Grant Program State
Supplemental Guidance ("Guidance"), which can be referenced at
http://www .caloes.ca. gov /GrantsManagementS i te/Documents/FY%2020 15%200
PSG%20State%20Guidance.pdf
(f) Exhibit F-Title 2 of the Code ofFederal Regulations Part 200, which can be
referenced at http:/ /www.ecfr.gov/cgi-binltext-idx?node=2: 1.1.2.2.1 &rgn=div5
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, PARTIES jointly intend that COUNTY will reimburse, and PARTIES
will provide, a level of OPSG services as set forth in this Agreement.
3. PURPOSE AND INTENT
The purpose of this Agreement is to satisfy the OPSG proposal submitted to and awarded by
the DHS passed through the CalOES, under the FY 2015 Operation Stonegarden Grant.
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4. SCOPE OF SERVICES
4.1 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 6. STANDARDS OF SERVICE:
OBLIGATIONS OF THE PARTIES.
4.2 Overview of Basic Services
PARTIES will provide OPSG Operations ("Operations") by increasing law
enforcement presence in each PARTY'S designated 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.
PAR TIES will enforce local and state laws and will not enforce immigration laws on behalf
of Customs and Border Protection/Border Patrol.
5. TERM OF AGREEMENT
5.1 Initial Term
The term of this Agreement shall be retroactive to 12:01 a.m. on September 1, 2015,
and shall continue in effect through and terminate at midnight on May 31, 2018; subject to
the termination provision in section 5 .2.
5.2 Termination
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 the other
PARTIES.
6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES
6.1 Anticipated Outcome
The anticipated outcome of OPSG Operations to be provided by PARTIES under
this Agreement is increased law enforcement presence in each PARTY's designated
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 2015 OPSG Operations Order, attached hereto.
6.1.1 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 unique investigatory areas of expertise
in operations.
6.1.2 Increase intelligence/information sharing among PARTIES, including but not
limited to the following activities:
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(a) Conduct bi-monthly meetings with a minimum of one representative from
each PARTY.
(b) Increase information sharing during operations.
6.1.3 Prior to OPSG Operations, PARTIES' Designated Coordinator, as outlined in
section 6.2.3, shall 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 U. S.
Border Patrol sworn grant representatives. The role of the IPT is to provide support and
guidance to the local, state, and federal law enforcement stakeholders within the grant.
The Operations Plan is to be submitted via email to the current IPT point of contact and
to SDCOPSG2008@cbp.dhs.gov.
6.1.4 At the conclusion of each Operation funded by OPSG, state/local law
enforcement officers in each PARTY 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 before the next Wednesday following the operation.
6.1.5 At the conclusion of each 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 before the next
Wednesday following the operation.
6.1.6 PARTIES 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).
6.2 Personnel Qualifications and Assignment
6.2.1 Qualifications
Each PARTY shall ensure that personnel assigned to perform Operations
pursuant to this Agreement meet the minimum qualifications for their specific
classification.
6.2.2 Management, Direction and Supervision; Independent Contractors
The hiring, firing, management, direction, 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. PAR TIES shall have no liability for any direct payment of salary, wages,
indemnity, or other compensation or benefit to any other PARTY's personnel.
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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.
6.2.3 Designated Coordinators
SHERIFF shall select and designate a Coordinator, at the rank of Sheriffs
Lieutenant or higher, who shall manage and direct the OPSG Operations. Each other
PARTY shall select and designate a coordinator for their respective agency under this
Agreement. The designated coordinators for each PARTY shall serve as their agency
contact and shall implement, as needed, appropriate procedures governing the
performance of all requirements under this Agreement and shall be responsible for
meeting and conferring in good faith in order to address any disputes which may arise
concerning implementation ofthis Agreement.
6.2.4 Staffing for Basic Services
PARTIES shall ensure that adequate numbers of their qualified respective
personnel are provided to OPSG Operations 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.
6.2.5 Equipment and Supplies
COUNTY will provide SHERIFF OPSG personnel with all supplies and/or
prescribed safety gear, body armor, and/or standard issue equipment necessary to
perform OPSG Operations. Similarly, all other 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 Operations unless otherwise
specified in Exhibit C attached hereto.
6.2.5.1 PARTIES are responsible for the procurement of their own equipment to
be used in OPSG Operations.
6.2.5.2 PARTIES will maintain an inventory list of all equipment purchased
with OPSG funds and when practicable, the equipment shall be prominently
labeled per federal guidelines as follows: "Purchased with funds provided by the
US. Department of Homeland Security".
7. COST OF SERVICES/CONSIDERATION
7.1 General
7.1.1 As full consideration for the satisfactory performance and completion by
PARTIES of Operations set forth in this Agreement, COUNTY shall reimburse
PARTIES for personnel assigned to perform OPSG Operations on the basis of claims
and submittals as set forth hereunder. Such payments by COUNTY are dependent on
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the continued availability of funds from the U.S. Department of Homeland Security
(DHS) passed through the California Governor's Office of Emergency Services
(CalOES).
7 .1.2 PARTIES agree that awarded funds, identified as allowable costs, as set forth in
Exhibit D-FY 2015 Homeland Security Grant Program Notice of Funding (HSGP
NOFO) Opportunity, shall be expended only for Operations operating expenses, and
equipment as detailed in Exhibit A-FY 2015 Budget Worksheet, and that unallowable
costs are not reimbursable as set forth in Exhibit D-FY 2015 HSGP NOFO.
7.1.3 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. COUNTY shall make any necessary adjustments toP ARTY claims
to correct for previous overpayment and disallowances or underpayments.
7.2 Project Costs/Rate of Compensation
COUNTY shall reimburse PAR TIES for overtime worked by personnel assigned to
perform OPSG Operations 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 Operations, purchase and
maintain equipment and vehicles, flight costs, fuel, and mileage, under this Agreement,
provided the costs are included in the approved Operations Order.
7.3 Method of Payment
PARTIES shall submit to SHERIFF, accurate and complete reimbursement forms,
labor reports, timesheets, corresponding Daily Activity Reports, equipment invoices, and
purchase orders that represent amounts to be reimbursed under this Agreement within ninety
(90) days from the date expenditure was incurred. All requests for reimbursement shall be
sent to:
San Diego County Sheriff's Department
0-41 Grants Unit (OPSG)
P. 0. Box 939062
San Diego, CA 92193-9062
7.3.1 Reimbursement forms and invoices must have the signature ofPARTY's
Authorized Agent, certifying that the invoice and substantiating documentation, e.g.,
labor reports, timesheets, etc. are true and correct.
7.3.2 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(s) overtime worked, and fringe benefit rate and cost.
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7.3.2.1. 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.
7.3.3 Within ninety (90) business days upon receipt of valid invoice and complete
documentation as specified in sections 7.3 .1 and 7.3 .2, SHERIFF will reimburse
PARTIES for the Basic Services agreed to.
7.3.4 Each PARTY is responsible for tracking their agency's claims to ensure their
total claims do not exceed their agency's allocation in Exhibit A-FY 2015 Budget
Worksheet.
7.4 Reimbursement Disallowances
PARTIES not in compliance with procedures set forth in section 7.3 are at risk of
having any incurred expenditures disallowed for reimbursement by SHERIFF. PARTIES that
fail to submit claims for reimbursement within ninety (90) days will be notified in writing by
SHERIFF that the claim(s) is/are past due and funds allocated to the PARTY for that time
period shall be redistributed among other PARTIES.
8. PROGRAM/FINANCIAL ADMINISTRATION
8.1 PARTIES shall use Exhibit D-HSGP NOFO and Exhibit E-Guidance developed by
the DHS and CalOES and Exhibit F-Title 2 of the Code of Federal Regulations Part 200 (2
CPR Part 200), for the applicable grant year as the primary reference and day-to-day
management tool in all programmatic, financial, and grant administration matters. The HSGP
NOFO, Guidance, and 2 CPR Part 200 shall be used in conjunction with updates issued by
the Office of Management and Budget, Grants & Training (G&T) information bulletins, and
CalOES policy, regulations, and statutes.
8.1.1 Contract Provisions
PARTIES shall ensure that all contracts adhere to all applicable contract
provisions stated in 2 CPR §200.326 and found in Appendix II-Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards. Reimbursement claims associated
with contracts that are found to be in non-compliance will be denied.
8.1.2 Sole Source Purchases
PARTIES must request and receive prior approval from CalOES, through
SHERIFF, for any sole source procurement of goods or services per 2 CPR §200.321.
9. INDEMNIFICATION-WORKERS COMPENSATION, EMPLOYMENT
9.1 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,
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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.
9.2 Each non-County PARTY shall fully indemnify and hold harmless the COUNTY, its
officers, employees, and agents, from any claims, losses, fines, expenses (including
attorneys' 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 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 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.
9.3 Each non-County PARTY shall fully indemnify and hold harmless the other non-
County PARTIES, its officers, employees, and agents, from any claims, losses, fines,
expenses (including attorneys' 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 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 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.
10. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE
10.1 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.
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10.2 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 PAR TIES. In such cases,
PAR TIES 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 10.4 below.
10.3 Joint Defense
Notwithstanding paragraph 10.2 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 ofP ARTIES. Joint defense
counsel shall be selected by mutual agreement of PAR TIES. PARTIES agree to share the
costs of such joint defense and any agreed settlement in equal amounts, except as provided in
paragraph 10.4 below. PARTIES further agree that no PARTY may bind the others to a
settlement agreement without the written consent of the others.
10.4 Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines 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.
11. GENERAL PROVISIONS
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11.1 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
San Diego County Sheriffs Department
P. 0. Box 939062
San Diego, CA 92193-9062
To Non-County PARTIES:
Chief of Police
Carlsbad Police Department
2560 Orion Way
Carlsbad, CA 92010
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ChiefProbation Officer
Probation Department
9444 Balboa Avenue, Ste. 500
San Diego, CA 92123
Chief of Police
Chula Vista Police Department
315 Fourth A venue
Chula Vista, CA 91910
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Chief of Police
Coronado Police Department
700 Orange Avenue
Coronado, CA 92118
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 California San Diego
9500 Gilman Drive #0017
La Jolla, CA 92093
Sheriff
Monterey County Sheriffs Office
1414 Natividad Road
Salinas, 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 9311 0
Sheriff
Ventura County Sheriffs Office
800 South Victoria A venue
Ventura, CA 93009
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Chief of Police
El Cajon Police Department
100 Civic Center Way
El Cajon, CA 92020-3916
Chief of Police
La Mesa Police Department
8085 University A venue
La Mesa, CA 91942
Chief of Police
Oceanside Police Department
3855 Mission Avenue
Oceanside, CA 92058
Chief of Harbor Police
San Diego Harbor Police Department
3380 N. Harbor Drive
San Diego, CA 92101
Sheriff
Los Angeles County Sheriffs Dept.
Special Enforcement Bureau
1060 N. Eastern Avenue
Los Angeles, CA 90063
Sheriff
Orange County Sheriff's 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
5200 Soquel A venue
Santa Cruz, CA 95060
Chief
California Highway Patrol
9330 Farnham Street
San Diego, CA 92123
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Chief of Enforcement
California Department of Fish and
Wildlife
1416 9th Street, Room 1326
Sacramento, CA 95829
Chief
California Department of Parks and
Recreation
1416 9th Street
Sacramento, CA 95814
A notice shall be effective on the date of personal delivery if personally delivered
before 5:00p.m. on a business day or otherwise on the first 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 overnight courier for next business day delivery and otherwise when
actually received.
11.2 Amendment
This Agreement may be modified or amended only by a written document signed by
the COUNTY through SHERJFF and the affected PARTY or PARTIES, and no oral
understanding or agreement shall be binding on any PARTY or PAR TIES.
11.3 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 in total by this Agreement.
11.4 Construction
This Agreement will be deemed to have been made and shall be construed, interpreted,
governed, and enforced pursuant to, and in accordance with, the laws of the State of
California. The headings and captions used in this Agreement are for convenience and ease
of reference only and shall not be used to construe, interpret, expand, or limit the terms of the
Agreement and shall not be construed against any one PARTY.
11.5 Waiver
A waiver by COUNTY or non-County PAR TIES of a breach of any of the covenants to
be performed by COUNTY or non-County PAR TIES shall not be construed 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 compliance
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 PAR TIES of either performance or payment shall not be considered a waiver of
PARTY's preceding breach of this Agreement.
11.6 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.
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11.7 Cooperation
COUNTY through SHERIFF and Non-County PARTIES will cooperate in good faith
to implement this Agreement.
11.8 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.
11.9 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
PAR TIES, 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 ofthis 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.
11.10 Representation
Each PARTIES' Chief and/or Sheriff, or their respective designee, shall represent its
PARTY in all discussions pertaining to this Agreement. SHERIFF, or his or her designee,
shall represent COUNTY in all discussions pertaining to this Agreement.
11.11 Dispute Resolution Concerning Services and Payment
In the event of any dispute concerning services and payment arising from this
Agreement, the SHERIFF, or his or her designee, and PARTY'S Chief and/ or Sheriff, or his
or her respective designee, will meet and confer within ten (1 0) business days after receiving
notice of the dispute to resolve the dispute.
11.12 Termination of Funding
In the event that funding for reimbursement of costs related to OPSG Operations is
terminated by the DHS, 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
Operations as described herein. In such event, the COUNTY through SHERIFF and
PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF
and PARTIES, mutually develop and implement within a reasonable time frame, a transition
plan for the provision of OPSG Operations through alternate means.
11.13 Obligation
This Agreement shall be binding upon the successors of the PARTIES.
11.14 California Law
This Agreement is executed and delivered within the State of California and the rights
and obligations of the PAR TIES hereto shall be construed and enforced in accordance with,
and governed by, the laws of the State of California.
12
Item 2; page 16
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this
__ day of , 2016.
COUNTY OF SAN DIEGO
SHERIFF'S DEPARTMENT
William D. Gore
Sheriff
CARLSBAD POLICE
DEPARTMENT
~------
Chief
CORONADO POLICE
DEPARTMENT
Jon Froomin
Chief
ESCONDIDO POLICE
DEPARTMENT
Craig Carter
Chief
Ill
Ill
Ill
Ill
Ill
13
COUNTY OF SAN DIEGO
PROBATION DEPARTMENT
Adolfo Gonzales
Chief
CHULA VISTA
POLICE DEPARTMENT
David Bejarano
Chief
CITY OF EL CAJON
Douglas Williford
City Manager
LA MESA POLICE
DEPARTMENT
Walt Vasquez
Chief
Item 2; page 17
NATIONAL CITY
POLICE DEPARTMENT
Manuel Rodriguez
Chief
SAN DIEGO POLICE
DEPARTMENT
Shelley Zimmerman
Chief
SAN DIEGO HARBOR POLICE
DEPARTMENT
John Bolduc
Chief
LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT
Jim McDonnell
Sheriff
ORANGE COUNTY
SHERIFF'S DEPARTMENT
Sandra Hutchens
Sheriff-Coroner
Ill
Ill
14
OCEANSIDE POLICE
DEPARTMENT
Frank McCoy
Chief
CITY OF SAN DIEGO
Mayor Kevin L. Faulconer
or Designee
UNIVERSITY OF CALIFORNIA,
SAN DIEGO POLICE DEPARTMENT
DavidS. Rose
Chief
MONTEREY COUNTY
SHERIFF'S OFFICE
Stephen Bernal
Sheriff-Coroner
SAN LUIS OBISPO COUNTY
SHERIFF'S OFFICE
Ian Parkinson
Sheriff
Item 2; page 18
SAN MATEO COUNTY
SHERIFF'S OFFICE
GregMunks
Sheriff
SANTA CRUZ COUNTY
SHERIFF'S OFFICE
Jim Hart
Sheriff-Coroner
CALIFORNIA HIGHWAY
PATROL
Jim Abele
Chief, Border Division
CALIFORNIA DEPARTMENT
OF PARKS AND RECREATION
Robin Greene
District Superintendent
Approved as to form:
JAN GOLDSMITH, CITY ATTY.,
CITY OF SAN DIEGO
Linda L. Peter
Deputy City Attorney
Ill
15
SANTA BARBARA COUNTY
SHERIFF'S OFFICE
Bill Brown
Sheriff-Coroner
VENTURA COUNTY SHERIFF'S
OFFICE
Geoff Dean
Sheriff
CALIFORNIA DEPARTMENT
OF FISH AND WILDLIFE
Karen Edgren
Chief, Business Management Branch
Approved as to form and legality:
Mark Day
Senior Deputy
Approved as to form and legality:
ORANGE COUNTY COUNSEL
Nicole A. Sims
Supervising Deputy
Item 2; page 19
Approved as to form:
MARY C. WICKHAM, COUNTY COUNSEL,
COUNTY OF LOS ANGELES
Michele Jackson
Principal Deputy County Counsel
16
Item 2; page 20
FY 2015 OPERATION STONEGARDEN
ANNUAL BUDGET WORKSHEET
SUMMARY
AGENCY NAME
San Diego County Sheriff's Department
San Diego County Probation
Carlsbad Police Department
Chula Vista Police Department
Coronado Police Department
El Cajon Police Department
Escondido Police Department
La Mesa Police Department
National City Police Department
Oceanside Police Department
San Diego Harbor Police
San Diego Police Department
University of California San Diego Police Department
LA County Sheriff's Department
Orange County Sheriff's Department
San Luis Obispo County Sheriff's Office
Santa Barbara County Sheriff's Office
Ventura County Sheriff's Office
Monterey County Sheriff's Office
Santa Cruz County Sheriff's Office
San Mateo County Sheriff's Office
CA Highway Patrol
CA Department of Fish and Wildlife
CA Department of Parks and Recreation
Grand Total San Diego County Region
A
Operational OT
2,423,808
24,043
36,541
146,378
10,473
75,067
45,969
98,779
35,620
106,677
79,765
86,742
9,189
350,000
118,052
138,398
139,871
224,871
32,262
64,071
45,057
604,055
49,625
326,294
5,271,607
8 c
Fringe Benefits VehicleN essel
Main!
194,703 -
957 -
713 -
2,122 -
152 -
4,933 -
4,031 -
13,822 -
3,982 -
1,547 -
10,369 30,106
1,258 -
238 -
--
11,333 43,762
17,826 9,330
----
497 -
929 -
4,943 -
11,579 -
3,796 -
4,731 -
294,461 83,198
EXHIBIT A
Budget Narrative Category
D E F G H I
Equip Main! New/Replace Fuel Costs Mileage Flight Costs M&A TOTAL Equip
95,133 120,000 -78,770 5,000 213,566 3,130,980
------25,000
---2,746 --40,000 ------148,500
---75 --10,700 -10,000 ----90,000
------50,000
---12,399 --125,000
-6,000 -2,398 --48,000
--21,776 ---130,000 --39,780 5,980 --166,000
------88,000
---573 --10 000
------350,000
--25,920 933 --200,000
-43,000 14,446 ---223,000
---6,614 3,51 5 -150,000 -33,750 --5,129 -263,750
---2,241 --35,000
------65,000
-30,000 ----80,000
---61 ,366 --677,000 --3,549 3,030 --60,000
-84,070 -18,975 --434,070
95,133 326,820 105,471 196,100 13,644 213,566 $ 6,600,000
Item 2; page 21