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HomeMy WebLinkAbout2015 CON County of San Diego - Stone Garden Grant FY 2014NOTE TO FILE 01-29-18 IN THE MATTER OF: Resolution 2015-42, of the City of National City authorizing the acceptance of the 2014 Operation Stonegarden Grant. Please note the following: A FULLY EXECUTED ORIGINAL AGREEMENT WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK. ORIGINATING DEPARTMENT: NTF CDC Housing & Grants City Attorney Human Resources City Manager MIS Community Svcs. Planning Engineering X Police Finance Public Works Fire RESOLUTION NO. 2015 — 42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORING THE ACCEPTANCE OF THE 2014 OPERATION STONEGARDEN GRANT IN THE AMOUNT OF $68,945, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT FOR THE AWARD OF THE GRANT FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE AND EXPENDITURE BUDGET IN THE AMOUNT OF THE GRANT FOR REIMBURSEMENT OF OVERTIME, FRINGE BENEFITS, AND MILEAGE FOR PROGRAMMATIC OPERATIONS, AND THE PURCHASE OF APPROVED EQUIPMENT WHEREAS, the County of San Diego, through the San Diego Sheriff's Department has received $6,788,531 in federal government grant funds from the U.S. Department of Homeland Security (DHS), passed through the California Emergency Management Agency (CalEMA) for the Fiscal Year 2014 Operation Stonegarden Grant; and WHEREAS, Operation Stonegarden is designed to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross -border crime in the region; and WHEREAS, the National City Police Department's participation is governed through an Agreement for the Fiscal Year 2010 Operation Stonegarden Grant with the San Diego County Sheriff's Department; and WHEREAS, as one of the 25 participant agencies, the National City Police Department's share of grant funding is $68,945, which will be used for reimbursement of overtime, fringe benefits, and mileage for programmatic operations, and the purchase of approved equipment; and WHEREAS, the San Diego County Sherriff's Department is responsible for coordinating the reimbursement requests for the grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the Fiscal Year 2014 Operation Stonegarden Grant in the amount to $68,945. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute the Agreement for the 2014 Operation Stonegarden Grant. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that City funds in the amount of $68,945 are authorized for overtime, fringe benefits, and mileage, and for the purchase of authorized equipment for the Police Department, and directs staff to request reimbursement for such expenditures from the San Diego County Sherriff's Department. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. [Signature Page to Follow] Resolution No. 2015 — 42 Page Two PASSED and ADOPTED this 7th day of April, 2015 on Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk PPROVED AS TO FORM: audia Gacitu City Attorn-y Passed and adopted by the Council of the City of National City, California, on April 7, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ,A,dtkj City CI rk of the City of N2ltional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-42 of the City of National City, California, passed and adopted by the Council of said City on April 7, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT cao►► 'doG-y-a9 MEETING DATE: April 7, 2015 AGENDA ITEM NO. i ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of FY 2014 Operation Stonegarden Grant in the amount of $68,945, and authorizing the Chief of Police to execute the Agreement for the award of the grand funds, and authorizing the establishment of fund appropriations and a corresponding revenue and expenditure budget, in the amount of the grant for reimbursement of overtime, fringe benefits and mileage for programmatic operations and the purchase of approved equipment. PREPARED BY: Christopher Cameon, Sergeant DEPARTMENT: Police PHONE: (619) 336-4524 APPROVED BY: : EXPLANATION: The County of San Diego through the San Diego County Sheriff's Department received $6,788,531 in grant funding from the California Governor's Office of Emergency Services (Cal OES) via the U.S. Department of Homeland Security (DHS) for the Fiscal Year (FY) 2014 Operation Stonegarden (OPSG) Grant (under the Homeland Security Grant Program). As one of the 25 participating agencies, the National City Police Department's share of the total grant amount is $68,945. The police department's participation is governed by a Memorandum of Agreement with the San Diego County Sheriff's Department, who serves as the fiscal agent for the grant. The Operation Stonegarden Program is a reimbursable grant for law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross -border crimes in the region. The National City Police Department plans to purchase night vision scope and a license plate reading unit to be mounted on an existing patrol vehicle previously purchased with funds provided by the Department of Homeland Security at a cost of $26,667. The remaining funds, $42,278 will be spent on overtime, benefits, and vehicle mileage. Cost figures are estimates. In Fiscal Year (FY) 2013 the department received $35,000. FINANCIAL STATEMENT: ACCOUNT NO. Expenditure: 290-411-650-1 * Revenue: 290-11650-3498) ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: 01-7;77 Finance APPROVED: MIS STAFF RECOMMENDATION: Staff recommends City Council adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: 1. Operation Stonegarden FY14 Agency Allocation Worksheet 2. Memorandum of Agreement 3. Letter to Homeland Security Grant Program 4. Copy of previous Council Agenda Statement date March 4, 2014 o�v�\No. ra,o\s-ya FY 2014 OPERATION STONEGARDEN AGENCY ALLOCATION WORKSHEET REQUIRES SIGNIFICANT JUSTIFICATION AGENCY NAME FY14 APPROVED ALLOCATION FY 14 PENDING EQUIPMENT ALLOCATION TOTAL ALLOCATION EQUIPMENT OTT TOTAL. COST San Diego County Sheriffs Department 2,158,405 Masked Patrol Vehicles: fully outfitted - LfceYsr. Plate Reader systems for marked patrol vehicles Reaper cameras ..pki,Trobilty Ms (mobile LPR syetemsl 5 $ 19 5 $. 300,000. 144.000 y 120999 $ 70000 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 Mobile Law Enfe•oement LRRIYse Plat r RecognItton (ACPR) 2 S db,; 65,174 El Cajon Police Department 25,000 Lleense Plate reader patrolve}ti¢le T i $ 2d 220 $. 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 Ntgh! Vfaian Mono¢p(ar1111111 License plate readers T t $ VEST 0 21,200. 68,945 Oceanside Police Department 75,000 License Plate ReadR! Camera vrlh intergratad PmOsuool 4 $ 58; 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 LA County Sheriffs Department 25,000 350,000 : 35,260 350,000 Orange County Sheriff's Department 200,000 200,000 San Luis Obispo County Sheriffs Office 240,986 Video Carderas w:4h wireless modems fdraate. transmission 0- 60,900 300,986 Santa Barbara County Sheriffs Office 211 391 nge frame bnpcular m oruta e § $ e(T00o S 11,40 302,791 Ventura County Sheriff's Office 241,590 In PLIR Lice .:. 2 s. $ 140,00 $ 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 CA Department of Parks and Recreation rand Total San Diego County Region 90,596 314,066 $ 5,355,754 S 1,432,777 90,596 515,066 S 6,788,531 2014 OPSG AWARD AMOUNT $ 6,788,531 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 of the Operation Stonegarden Grant ("OPSG")." PARTY DEPARTMENTS OR AGENCIES PARTICIPATING IN THE AGREEMENT For the COUNTY, participating agencies are Probation Department 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, 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 California 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 Government 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 concerning 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 1 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, 2014 through May 31, 2016. R.6 PARTIES agree to 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 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 maintained 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: California 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 (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 HSGP 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 Governments ("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 California Emergency Management Agency, under 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 2 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 in 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 in each respective PARTY's designated area of jurisdiction in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in 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 unique investigatory areas of expertise in operations. 4.1.2 Increase intelligence/information sharing among. PARTIES, including but not limited to the following activities: 4.1.2.1 Conduct bi-monthly meetings 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 PT is comprised of the. SHERIFF and US Border Patrol sworn grant representatives. The role of the PT is to work together to provide support and 3 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. 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(a)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, 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. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel. Each PARTY and its respective officers, agents and employees are independent contractors and are not officers, agents and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes 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 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 4 Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning 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 SHERIFF 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 maintain an inventory list of all equipment purchased with OPSG funds and when practicable, the equipment shall be prominently labeled as follows: "Purchased with funds provided by the U.S. Department of Homeland Security" per federal guidelines. 5. COST OF 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 California Governor'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 fmancial 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 5 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 Sheriffs 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 true 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 in all programmatic, financial, and grant administration matters. The Guide, FOA and 44 CFR Part 13 shall be used in conjunction with the provision of 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 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 TO WORKERS 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 -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 the Non -County party, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 7.2 Indemnification Related To Acts Or Omissions; Negligence 7.2.1 Claims Arising From Sole 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. 7 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 others 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 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. 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 Sheriff's Department Probation Department P. O. Box 939062 9444 Balboa Avenue, Ste. 500 San Diego, CA 92193 San Diego, CA 92123 To Non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 8 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police El Cajon Police Department 100 Civic Center Way El Cajon, CA 92020-3916 Chief 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 93110 Sheriff Ventura County Sheriffs Office 800 South Victoria Avenue Ventura, CA 93009 Chief of Enforcement California Department of Fish and Wildlife 1416 9th Street, Room 1326 Sacramento, CA 95829 9 Chief of Police La Mesa Police Department 8085 University Ave La Mesa, 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. Eastern 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 Street Room 340 Santa Cruz, CA 95060 Chief California Highway Patrol 9330 Farnham St. San Diego, CA 92123 Chief of Investigations Division California Department of Motor Vehicles 2120 Broadway, Sacramento CA 95818 Chief California Depaitment 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 5:00 p.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. 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 in total by this Agreement. 8.4 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. 8.5 Waiver A waiver by COUNTY or Non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or Non -County PARTIES shall not be 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 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 through SHERIFF and Non -County PARTIES will cooperate in good faith to implement this Agreement. 10 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 in 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 concerning 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 of the dispute to resolve the dispute. 8.12 Termination of Funding In the event that funding for reimbursement of costs related to OPSG Activities 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 Activities 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 Activities through alternate 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 California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2015. 11 COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Gary Morrison Chief CORONADO POLICE DEPARTMENT Jon Froomin Chief ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief COUNTY OF SAN DIEGO PROBATION DEPARTMENT Mack Jenkins Chief CHULA VISTA POLICE DEPARTMENT David Bejarano Chief CITY OF EL CAJON Douglas Williford City Manager LA MESA POLICE POLICE DEPARTMENT Ed Aceves Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief 12 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 SAN MATEO COUNTY SHERIFF'S OFFICE Greg Munks Sheriff CITY OF SAN DIEGO Mayor Kevin L. Faulconer or Designee UNIVERSITY OF CALIFORNIA SAN DIEGO POLICE DEPARTMENT David S. Rose Chief MONTEREY COUNTY SHERIFF'S OFFICE Scott Miller Sheriff -Coroner SAN LUIS OBISPO COUNTY SHERIFF'S OFFICE Ian Parkinson Sheriff SANTA BARBARA COUNTY SHERIFF'S OFFICE Bill Brown Sheriff -Coroner 13 SANTA CRUZ COUNTY SHERIFF'S OFFICE Jim Hart Sheriff CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Frank Alvarez Chief, Investigations Approved as to form and legality: SAN DIEGO COUNTY COUNSEL William L. Pettingill Senior Deputy Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Senior Deputy VENTURA COUNTY SHERIFF'S OFFICE Geoff Dean Sheriff CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Karen Edgren Chief, Business Management Branch CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Garratt Aitchison (A) District Superintendent Approved as to form and legality: JAN GOLDSMITH, CITY ATTY., CITY OF SAN DIEGO Paige E. Folkman Deputy City Attorney Approved as to form and legality: LOS ANGELES COUNTY COUNSEL Mark Saladino Deputy 14 October 14, 2014 --* CALIFORNIA .-c+ 1O ITr INCORPORATED ✓) Ms. Jennifer Mischel Program Analyst, Western Region Homeland Security Grant Program Grant Programs Directorate (GPD) Federal Emergency Management Agency (FEMA) 800 K. Street NW Room 5167 Washington, DC 20001 Dear Ms. Jennifer Mischel: The National City Police Department recently received notification our OPSG funding allocation for FY14 would be $68,945.00 to include $26,667.00 for equipment. We believe the procurement of thermal night vision equipment and license plate reading technology will improve our ability to accomplish the Operation Stonegarden Mission. Our pending FY14 equipment allocation includes $5,667.00 for the purchase of one thermal night vision monocular and $21,000.00 for the purchase of one license plate reader. We intend to research the best possible equipment on the market and purchase the items which will be most beneficial to the Stonegarden Mission and our agency. We will make every effort to purchase the items as listed but in an effort to get the best possible equipment may make minor changes. The changes will not be so significant to affect the original intent of the purchase. A good part of our Stonegarden shiftwork occurs at night. We intend to use the night vision equipment to enhance our capabilities and increase officer safety at night. Surveillance, interdiction details, tactical operations and lay -ins are typically conducted during hours of darkness. The night vision equipment will help officers identify suspects and their vehicles, residences or other objects, even at great distances increasing the officer's ability to react in advance of the threat. We intend to mount the license plate reading equipment onto a patrol vehicle previously purchased with funds provided by the Department of Homeland Security. The equipment will be used to capture license plates and obtain vehicle information of persons transiting the area of the National City Marina and surrounding area of responsibility (AOR). This equipment will act as an intelligence gathering device used in and around our marina AOR suspected as a possible smuggling route and trafficking drop off. National City Police Department 1200 National City Boulevard, National City, CA 91950-4302 619/336-4400 Fax 619/336-4525 www.nationalcityca.gov CALIFORNIA NATIONAL Cfry acutt INCORPORATED The National City Police Department will make the captured license plate data available for law enforcement use County wide. The system can also be used to alert officers in the event the equipment captures license plate information of a vehicle wanted as part of the Stonegarden Mission. The National City Police Department is committed to the Operation Stonegarden Mission and the countywide partnerships with the other participating agencies. We appreciate your consideration and look forward to your response. Sincerely, Manuel Rodriguez, Chief of • ice National City Police Department 1200 National City Boulevard, National City, CA 91950-4302 619/336-4400 Fax 619/336-4525 www.nationalcityca.gov ;ys FY 2014 Operation Stonegarden Grant Application Agency Name: National City Police Department Operational Overtime: Classification: Police Officer Police Corporal Police Sergeant OT Hourly rate: Police Officer - Police Corporal - Police Sergeant- $58.62 hourly $61.55 hourly $72.93 hourly Explain staffing pattern: 1-1 man unit, 5 days per week, 10 hours per day (Officer, Corporal, or Sergeant) Special details as the need arises OT Hours: 50 hours per week for patrols x 52 weeks= 2600 hours Officer- 2600 hours x $58.62 per hour= $152,412 Corporal- 2600 hours x $61.55 per hour= $160,030 Sergeant- 2600 hours x $72.93 per hour= $189,618 Fringe Benefits: Worker's comp= 9.73% Medicare= 1.45% Vehicles/Vessels/Helicopters — Maintenance/ Fuel Cost/Flight Cost/Mileage Reimbursement: Mileage Reimbursement 10,000 miles per year x .56 cents per mile = $5,600.00 Equipment: Equipment AEL Number Estimated Cost Night Vision Goggles/ FLIR (x3) 030E-02-TILA $17,000 Binoculars (x5) 030E-02-BNOC $1,500 License plate readers 14SW-01-SIDV $21,000 Fully equipped patrol vehicle (x1) 12VE-00-MISS $50,000 Narrative: NIGHT VISION / F.L.I.R: To be used to enhance capabilities and safety at night, as surveillances, interdiction details, tactical operations and lay -ins are conducted during hours of darkness. This represents costs for an extended range 100 mw IR laser illumination device. The IR illuminator is used in other department units to identify suspects and their vehicles, residences or other objects, even at great distances at night. BINOCULARS: To be used to enhance surveillance capabilities and officer safety by allowing for target identification at greater distances. LICENSE PLATE READER SYSTEM FOR MARKED PATROL VEHICLE: To be used to capture license plates and obtain vehicle information of persons transiting the area of the National City Marina and surrounding AOR. Intelligence gathering device that could be positioned on suspected smuggling routes and areas frequented by traffickers. FULLY EQUIPPED PATROL VEHICLE: To be used to patrol the National City Marina to accomplish the mission of Operation Stonegarden. Operational Narrative: National City Police Department's mission is to reduce the threat of border incursions and exercise risk management in relation to anti -smuggling efforts by: 1. Conducting high -visibility patrols in National City for the purpose of increasing law enforcement presence at the National City Marina/Pier 32, the boat launching ramp at Pepper Park, and the adjoining tidelands area along the San Diego Bay in the southwestern portion of the city in a specific effort to reduce potential drug, weapons, and other smuggling activities via the waterways leading into National City. 2. Conduct weekly patrol operations with a focus on transnational criminal activity with the San Diego Sector AOR. 3. Conduct interdiction operations on coastline roadways, harbors/marinas, and routes of egress from the border. The National City Police Department will primarily utilize Operation Stonegarden funds for the purchase of new equipment, for operational overtime and fringe benefits, and for mileage reimbursement in order to support operations via overt and covert operations, and high visibility saturation patrols. CI .. OF NATIONAL CITY, CALIF( -MA COUNCIL AGENDA STATEMENT MEETING DATE: .0arch 4, 2014! `* AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2013 Operation Stonegarden grant in the amount of $35,000 and authorizing the Chief of Police to execute the Agreement for the award of the grant funds, and authorizing the establishment of fund appropriations and a corresponding revenue budget, in the amount of the grant for reimbursement of overtime, fringe benefits and mileage for programmatic operations, prior to the grant deadline of May 31, 2015, the grant funds must be used for overtime reimbursement prior to that deadline, to enable staff to claim reimbursement out of the arant fundina by March 31. 2015 deadline. PREPARED BY: Christopher P. Cameon, Sergeant DEPARTMENT: Police F PONE: 019-336-4524' APPROVED BY: �� EXPLANATION: The County of San Diego through the San Diego Sheriff's Department received $6,660,699 in grant funding from the California Governor's Office of Emergency Services (Cal OES) via the U.S. Department of Homeland Security (DHS) for the Fiscal Year (FY) 2013 Operation Stonegarden (OPSG) Grant (under the Homeland Security Grant Program). As one of the 24 participating agencies, the National City Police Department's share of the total grant amount is;:$.35,000. Tile police department's participation is governed through a Memorandum of Agreement with the San Diego County Sheriffs Department, who serves as the fiscal agent for the grant. The Operation Stonegarden Program is a reimbursable grant, law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross -border crimes in the region. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: (Revenue: 290-11645-3498 Expenditure: 290-411-645-1 ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance M I S STAFF RECOMMENDATION: Staff recommends that the City Council accept the FY 2013 Operation Stonegarden Grant award and authorize the Chief of Police to execute the Agreement with the San Diego Sheriff's Department. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: IAgreement for the Operation Stonegarden (OPSG) Grant xhibit E to the Agreement Operations Order Report for the FY 2013 OPSG Grant (DHS/U.S. Customs & Border Protection) FY 2103 Operation Stonegarden Annual Budget Worksheet, RESOLUTION NO. 2014 — 22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORING THE ACCEPTANCE OF THE 2014 OPERATION STONEGARDEN GRANT IN THE AMOUNT OF $68,945, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT FOR THE AWARD OF THE GRANT FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE AND EXPENDITURE BUDGET IN THE AMOUNT OF THE GRANT FOR REIMBURSEMENT OF OVERTIME, FRINGE BENEFITS, AND MILEAGE FOR PROGRAMMATIC OPERATIONS, AND THE PURCHASE OF APPROVED EQUIPMENT WHEREAS, the County of San Diego, through the San Diego Sheriff's Department has received $6,788,531 in federal government grant funds from the U.S. Department of Homeland Security (OHS), passed through the California Emergency Management Agency (CalEMA) for the Fiscal Year 2014 Operation Stonegarden Grant; and WHEREAS, Operation Stonegarden is designed to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross -border crime in the region; and WHEREAS, the National City Police Department's participation is governed through an Agreement for the Fiscal Year 2010 Operation Stonegarden Grant with the San Diego County Sheriff's Department; and WHEREAS, as one of the 25 participant agencies, the National City Police Department's share of grant funding is $68,945, which will be used for reimbursement of overtime, fringe benefits, and mileage for programmatic operations, and the purchase of approved equipment; and WHEREAS, the San Diego County Sherriff's Department is responsible for coordinating the reimbursement requests for the grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the Fiscal Year 2014 Operation Stonegarden Grant in the amount to $68,945. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute the Agreement for the 2014 Operation Stonegarden Grant. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that City funds in the amount of $68,945 are authorized for overtime, fringe benefits, and mileage, and for the purchase of authorized equipment for the Police Department, and directs staff to request reimbursement for such expenditures from the San Diego County Sherriff's Department. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. [Signature Page to Follow] Resolution No. 2015 — Page Two PASSED and ADOPTED this 7th day of April, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney