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HomeMy WebLinkAbout2019 CON County of San Diego and Various Agencies - FY 2019 Operation Stonegarden GrantNOTE TO FILE 02-17-2020 IN THE MATTER OF: The Agreement between the County of San Diego and Various Agencies for the FY19 Operation Stonegarden Grant (OPSG). Please note the following: NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. ORIGINATING DEPARTMENT: NTF CDC Housing & Economic Development City Attorney Human Resources City Manager MIS Community Svcs. Planning Eng/PW X Police Finance Fire CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2019 AGENDA ITEM NO. 112 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2019 Operation Stonegarden Grant in the amount $90,000, and authorizing the Chief of Police to execute the Agreement for the award of the grant funds and sign grant documents indemnifying the granting agency against any liability arising from grant related operations, and authorizing the establishment of the Police Department Grants Fund appropriations and a corresponding revenue budget, in the amount of the grant for reimbursement of overtime, fringe benefits and mileage for programmatic operations. PREPARED BY: Jeffrey Meeks DEPARTMENT: PHONE: (619) 336-4446 APPROVED BY: EXPLANATION: The County of San Diego through the San Diego County Sheriff's Department r- eived grant funding from the California Governor's Office of Emergency Services (Cal OES) via the .S. Department of Homeland Security (DHS) for the Fiscal Year (FY) 2019 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 $90,000. 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. As designated, the National City Police Department plans to spend all $90,000 on overtime, fringe benefits, and vehicle mileage. No matching funds are required. There is no impact on the general fund. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Expenditure: 290-411-670-1* $90,000 APPROVED: MIS Revenue: 290-11670-3498 $90,000 This program does not require a match or in -kind contribution; therefore, there is no impact to impact to the General Fund. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Staff recommends the acceptance of the grant. BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: 1) Agreement for the FY 2019 Operation Stonegarden (OPSG) Grant 2) Resolution /6sa4 7`7By7 74- aO/ 9- 53 �, AGREEMENT FOR THE FISCAL YEAR 2018 OPERATION STONEGARDEN (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 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 VENTURA ("VC"), the CALIFORNIA HIGHWAY PATROL ("CHP"), 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 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 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 (Cal OES), under the Fiscal Year (FY) 2018 Operation Stonegarden 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. 2 on January 8, 2019, approved and authorized the SHERIFF to execute expenditure contracts to use FY 2018 OPSG funds to reimburse all PARTIES for overtime expenses; equipment and vehicle purchases; fuel, mileage, flight, and vehicle and equipment maintenance costs incurred in 1 OPSG Operations not to exceed the amounts described in Exhibit A — FY 2018 Budget Worksheet, during the project period September 1, 2018 through May 31, 2021. 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 jurisdiction's 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 of Emergency Services (Cal OES) (c) Program Title: Homeland Security Grant Program (HSGP) (d) Grant Identification Number: 2018-0054 (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 2018 Budget Worksheet (b) Exhibit B — FY 2018 Grant Assurances (c) Exhibit C — FY 2018 OPSG Operations Order (d) Exhibit D - FY 2018 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO), which can be referenced at https://www.fema.gov/media-library-data/1526578809767- 7f08f47 I f36d22b2c0d8afb848048c96/FY 2018 HSGP_NOF0 FINAL 508.pdf (e) Exhibit E - FY 2018 Homeland Security Grant Program (I-ISGP) California Supplement to the Federal Notice of Funding Opportunity ("Grant Guidance"), which can be referenced at https://www.caloes.ca.gov/GrantsManagementSite/Documents/FY%2020 18%20 HSGP%20State%20Guidance.pdf (f) Exhibit F — Title 2 of the Code of Federal Regulations Part 200, which can be referenced at http://www.ecfr.gov/cgi-bin/text- idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl 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 Cal OES, under the FY 2018 Operation Stonegarden Grant. 2 4. SCOPE OF SERVICES 4.1 Method of Service Delivery SHERIFF will maintain the OPSG grant, oversee the funding allocation of the PARTIES, 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. PARTIES will enforce local and state laws, and will not enforce or aid in the enforcement of 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, 2018, and shall continue in effect through and terminate at midnight on May 31, 2021; subject to the termination provision in section 5.3. 5.2 Option to Extend Renewal or extension of the Agreement beyond May 31, 2021, shall be subject to remaining grant funds and to a time extension approved by Cal OES. Any PARTY that does not agree to renew shall terminate its participation at the end of the term of this Agreement. 5.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Debarment and Suspension PARTIES shall ensure and certify that they are not presently debarred and suspended from receiving Federal grant funds as required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 and codified in 2 CFR Part 180, Debarment and Suspension. PARTIES found to be non -compliant will not be eligible for cost reimbursement. 6.2 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 3 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 2018 OPSG Operations Order, attached hereto. 6.2.1 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. 6.2.2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: (a) Conduct bi-monthly meetings with a minimum of one representative from each PARTY. (b) Increase information sharing during operations. 6.2.3 Prior to OPSG Operations, PARTIES' Designated Coordinator, as outlined in section 6.3.3, 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. 6.2.4 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 in Excel format via email to Customs and Border Protection Sector Headquarters at: SDCOPSG2008na cbp.dhs.gov and SHERIFF at: stonegardenc sdsherif .org within forty eight (48) hours following the date of the operation. 6.2.5 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 within forty eight (48) hours following the date of the operation. 6.2.6 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). 6.3 Personnel Qualifications and Assignment 6.3.1 Qualifications Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualifications for their specific classification. 4 6.3.2 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. 6.3.3 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 of this Agreement. 6.3.4 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. 6.3.5 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. 6.3.5.1 PARTIES are responsible for the procurement of their own equipment to be used in OPSG Operations. 6.3.5.2 PARTIES will maintain an inventory list of all equipment purchased with OPSG funds and when practicable, the equipment shall be prominently 5 labeled per federal guidelines as follows: "Purchased with funds provided by the U. S. 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 the continued availability of funds from the U. S. Department of Homeland Security (DHS) passed through the California Governor's Office of Emergency Services (Cal OES). 7.1.2 PARTIES agree that awarded funds, identified as allowable costs, as set forth in Exhibit D — FY 2018 Homeland Security Grant Program Notice of Funding Opportunity (HSGP NOFO), shall be expended only for Operations operating expenses, and equipment as detailed in Exhibit A — FY 2018 Budget Worksheet, and that unallowable costs are not reimbursable as set forth in Exhibit D — FY 2018 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 to PARTY claims to correct for previous overpayment and disallowances or underpayments. 7.2 Project Costs/Rate of Compensation COUNTY shall reimburse PARTIES 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 sixty (60) days from the date when expenditure was incurred. All requests for reimbursement shall be sent to: San Diego County Sheriffs Department 0-41 Grants Unit (OPSG) P. O. Box 939062 San Diego, CA 92193-9062 6 7.3.1 Reimbursement forms and invoices must have the signature of PARTY'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. 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 Noncompetitive (or Sole Source) Procurements of equipment exceeding the simplified acquisition threshold (which is established by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 and is currently set at $250,000) will require prior written approval from Cal OES. PARTIES must provide a copy of their respective Purchasing Agent's approval of this procurement method to the SHERIFF prior to purchasing the equipment. 7.3.4 PARTIES must obtain a performance bond from vendors if PARTIES procure the item(s) in question and pay the money up front. The performance bond ensures delivery of the item within ninety (90) days of the performance period. This is required for any equipment items over $250,000 or any vehicle, aircraft, or watercraft financed with OPSG dollars. PARTIES must provide a copy of the performance bond to the SHERIFF no later than the time of reimbursement. 7.3.5 Within ninety (90) business days upon receipt of valid invoice and complete documentation as specified in sections 7.3.1, 7.3.2, 7.3.3, and 7.3.4, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 7.3.6 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 2018 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 sixty (60) 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 — FY 2018 HSGP NOFO, Exhibit E — FY 2018 HSGP CA Supplement to the NOFO, and Exhibit F - Title 2 of the Code of Federal Regulations Part 7 200 (2 CFR Part 200), as the primary reference and day-to-day management tool in all programmatic, financial, and grant administration matters. The policies and regulations set forth in the HSGP NOFO, Grant Guidance, and 2 CFR Part 200 shall be adhered to, in conjunction with updates issued by the Office of Management and Budget, Grants & Training (G&T) information bulletins, and Cal OES policy, regulations, and statutes. 8.1.1 Contract Provisions PARTIES shall ensure that all contracts adhere to all applicable contract provisions stated in 2 CFR §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 Noncompetitive Procurements PARTIES must request and receive prior approval from Cal OES, through SHERIFF, for any noncompetitive or sole source procurement of goods or services per 2 CFR §200.320. 8.2 Repayment of Reimbursements Any PARTY later found out of compliance with policies and regulations set forth in section 8, PROGRAM/FINANCIAL ADMINISTRATION, shall retroactively repay to SHERIFF within ninety (90) days of notification, that portion of the reimbursement found out of compliance and paid to PARTY during the term of this Agreement set forth in section 5, TERM OF AGREEMENT. This provision shall survive termination or expiration of this Agreement. 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 (I) 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. 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 non -County PARTY or any contract labor provider retained by non -County PARTY, or (2) any claim, demand, suit, or other 8 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 non -County PARTY or any contract labor provider retained by the non -County PARTY. 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 non -County PARTY 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 non -County PARTY or any contract labor provider retained by the non -County PARTY. 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. 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 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 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 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 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 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. O. Box 939062 San Diego, CA 92193-9062 To Non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police La Mesa Police Department 8085 University Avenue La Mesa, CA 91942 Chief of Police Oceanside Police Department 3855 Mission Avenue Oceanside, CA 92054 10 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police National City Police Department 1200 National City Blvd. National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 Chief of Harbor Police San Diego Harbor Police Department 3380 N. Harbor Drive San Diego, CA 92101 Chief of Police University of California -San Diego Police Department 9500 Gilman Drive, MC 0017 La Jolla, CA 92093 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 California Department of Parks and Recreation 1416 9ch Street Sacramento, CA 95814 Sheriff Orange County Sheriffs Department 550 N. Flower Street Santa Ana, CA 92703 Sheriff Los Angeles County Sheriffs Dept. Special Enforcement Bureau 1060 N. Eastern Avenue Los Angeles, CA 90063 Sheriff San Mateo County Sheriffs Office 400 County Center Redwood City, CA 94063 Sheriff Monterey County Sheriffs Office 1414 Natividad Road Salinas, CA 93906 Chief California Highway Patrol 9330 Farnham Street San Diego, CA 92123 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. 11.2 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. \\\ \\\ \\\ 11 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 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. 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. 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 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. 12 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 (10) 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 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 , 2019, but intend and agree that this Agreement shall be effective as of the start date of the 2018 OPSG performance period, September 1, 2018. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT Approved as to form and legality: THOMAS MONTGOMERY OFFICE OF THE COUNTY COUNSEL COUNTY OF SAN DIEGO William D. Gore Mark Day Sheriff Senior Deputy \1\ \\\ \\\ \\\ \\\ 13 COUNTY OF SAN DIEGO CARLSBAD POLICE PROBATION DEPARTMENT DEPARTMENT Adolfo Gonzales Neil Gallucci Chief Chief CHULA VISTA POLICE CORONADO POLICE DEPARTMENT DEPARTMENT Roxana Kennedy Chief Charles Kaye Chief ESCONDIDO POLICE LA MESA POLICE DEPARTMENT DEPARTMENT Craig Carter Walt Vasquez Chief Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPA Jose Chi NT DEPARTMENT Frank McCoy Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT David Nisleit Chief 14 Kris Michell Chief Operating Officer Approved as to form: MARA W. ELLIOTT SAN DIEGO HARBOR POLICE OFFICE OF THE CITY ATTORNEY DEPARTMENT CITY OF SAN DIEGO By Deputy City Attorney Mark Stainbrook Vice President of Public Safety/ Harbor Police Chief UNIVERSITY OF CALIFORNIA - MONTEREY COUNTY SAN DIEGO POLICE DEPARTMENT SHERIFF'S OFFICE David S. Rose Steve Bernal Chief Sheriff -Coroner LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Alex Villanueva Sheriff ORANGE COUNTY SHERIFF'S DEPARTMENT Don Barnes Sheriff -Coroner Approved as to form: MARY WICKHAM OFFICE OF THE COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel Approved as to form and legality: LEON J. PAGE OFFICE OF THE COUNTY COUNSEL COUNTY OF ORANGE Nicole A. Sims Supervising Deputy SAN LUIS OBISPO COUNTY SAN MATEO COUNTY SHERIFF'S OFFICE SHERIFFS OFFICE Ian Parkinson Sheriff Carlos G. Bolanos Sheriff SANTA BARBARA COUNTY VENTURA COUNTY SHERIFF'S OFFICE SHERIFF'S OFFICE Bill Brown William Ayub Sheriff -Coroner Sheriff CALIFORNIA HIGHWAY PATROL CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Omar Watson Chief, Border Division 16 Kimberly Weinstein Acting District Superintendent E IIT A FY 2018 OPERATION STONEGARDEN ANNUAL BUDGET WORKSHEET SUMMARY AGENCY NAME Budget Narrative Category TOTAL A B C D E F G H I Operational OT Fringe Benefits VehicleNessel Maint Equip Maint New/Replace Equip Fuel Costs Mileage Flight Costs M&A San Diego County Sheriffs Department 4,143,853 284,161 - 89,784 278,000 - 100,998 8,044 288,760 5,193,600 San Diego County Probation 23,498 1,370 - - - - 132 - - 25,000 Carlsbad Police Department 45,445 886 - - - - 3,669 - - 50,000 Chula Vista Police Department 149,828 2,172 - - 70,000 - - - - 222,000 Coronado Police Department 14,806 - - 3,900 - - 1,294 - - 20,000 Escondido Police Department 9,280 720 - - - - - - - 10,000 La Mesa Police Department 199,518 27,847 - 12,000 65,000 - 3,635 - - 308,000 National City Police Department 80,131 8,959 - - - - 910 - - 90,000 Oceanside Police Department 160,642 2,329 2,477 - 70,000 21,552 - - - 257,000 San Diego Harbor Police 162,245 21,092 15,469 - - 119,808 13,386 - - 332,000 San Diego Police Department 48,810 708 - - - - 482 - - 50,000 University of California San Diego Police Department 8,820 228 - - - - 952 - - 10,000 LA County Sheriffs Department 450,000 - - - - - - - - 450,000 Orange County Sheriffs Department 132,525 13,120 9,086 - - 14,560 709 - - 170,000 San Luis Obispo County Sheriffs Office 128,982 21,669 7,338 - 19,000 6,156 10,355 7,500 - 201,000 Santa Barbara County Sheriffs Office 42,196 - - - - - 1,804 6,000 - 50,000 Ventura County Sheriffs Office 329,500 - - - 60,500 - - - - 390,000 Monterey County Sheriffs Office 98,354 1,426 - 1,260 5,400 - 3,960 - - 110,400 San Mateo County Sheriff's Office 62,657 7,343 - - 41,000 - - - - 111,000 CA Highway Patrol 134,947 1,957 - - - - 13,096 - - 150,000 CA Department of Parks and Recreation 329,192 4,773 16,800 - - 28,830 20,405 - - 400,000 Grand Total San Diego County Region $ 6,755,229 $ 400,760 $ 51,170 $ 106,944 $ 608,900 $ 190,906 $ 175,787 $ 21,544 $ 288,760 $ 8,600,000 EXHIBIT C 2018 OPERATION STONEGARDEN (OPSG) OPERATIONS OMB No: 1660-01258 ORDER AND BUDGET TEMPLATE Expires: 05/31/2020 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 571 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting the form. This collection of information is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed in the upper right corner of this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (1660-0125). NOTE: DO NOT SEND YOUR COMPLETED FORM TO THIS ADDRESS. Op Order Name: SDC OPERATION STONEGARDEN (OPSG) FY18 OPERATIONS ORDER ANNUAL Op Order Number: OPSG 00 CA San Diego FY18 19-SDCECJ-12-001 VO Op Dates: From: 9/1/2018 To: 8/31/2021 Report Date: 2/21/2019 Executive Summary Law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border. Grant funding in the amount of $8,600,000 via Operation Stonegarden (OPSG) will be utilized by a total of 21 partner law enforcement agencies from local units of government within San Diego County, Sheriffs Departments from San Diego, Orange, Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Monterey, and San Mateo Counties, as well as California State Agencies to target border -related crime in the U.S./Mexico Border area and the California coastline. The San Diego County Sheriffs Department will be the OPSG Grant Administrator. The point -of contact (POC) will be Lieutenant Justin White. The San Diego Sector Chief Patrol Agent will have operational oversight. The POCs will be Supervisory Border Patrol Agent's Robert Nila and Jason Feldman. The San Diego Sector Chief Patrol Agent, in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. Security threats and operational hours/activities will be determined jointly between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (IPT). Maritime -specific operations will be coordinated jointly with the San Diego Regional Coordinating Mechanism (ReCoM), Los Angeles/Long Beach ReCoM, Central California Maritime Agency Coordination Group (CenCal MAC), and the San Francisco ReCoM. Utilizing an all -threats approach in collaboration with U.S. Customs and Border Protection/Border Patrol, state and local law enforcement agencies will exercise their unique jurisdictional capabilities in order to collaboratively address border security issues. Historically, San Diego County has been a highly favored operational area for alien and drug smuggling organizations. The close proximity of Tijuana, Mexico to San Diego, California, population density, significant coastline, and extensive transportation networks leading to the interior immediately north of the border make San Diego a consistently lucrative target. Now, as the maritime smuggling threat increases, these organizations are looking for smuggling opportunities beyond San Diego County as demonstrated by pangas being discovered more than 400 miles north in San Mateo County. Border -related crime represents an all -threat environment in that the primary criminal activity (drug/human smuggling) often results in cross -border criminal organizations and individuals undertaking secondary and frequently, tertiary criminal activities that involve a wider range of crimes (kidnappings, assaults, murders, money laundering, cross -border weapons trafficking, etc.). These criminal activities, when undertaken in the U.S., constitute a threat to domestic security, subsequently triggering involvement by state and local law enforcement. I. SITUATION A. General Situation: San Diego County (SDC) includes approximate ninety miles of international land border and the responsibility of the San Diego Sector includes the 840 miles of coastal border of the State of California, including beaches and bays. SDC has an effective level of security that is commensurate with known and identified risks associated with criminal organizations. The incidence of border violence associated with competing drug cartels in the Tijuana/Tecate areas has continued and still has great potential to spread into the United States. Frequent assaults against Border Patrol Agents are a common diversionary tactic utilized by smuggling organizations to further their criminal activity. During a particularly volatile situation on July 23, 2009, Border Patrol Agent Robert Rosas was murdered in close proximity to the border fence while responding to alien traffic in the Campo Station AOR. As security of the border is established and/or expanded within key target zones, criminal organizations resort to increasingly elaborate smuggling methods such as sophisticated cross -border tunnels, watercraft in the maritime environment, and ultra -light aircraft. JTF-W (California), the San Diego Sector's FY 2018 enforcement strategy, will address specific threats posed by such organizations and aggressively integrate OPSG assets to reduce violent crime along the border, increase border security, and improve the quality of life within affected communities throughout the San Diego Sector operational AOR. As the Maritime threat continues to increase in San Diego Sector's AOR, it has been necessary to provide additional funding and support along the coast to address emerging maritime Panga smuggling events approximately 489 miles north in Monterey, Santa Cruz and San Mateo counties. Since its inception, the intent of OPSG has been to enhance law enforcement preparedness and operational readiness along the nation's borders. The Department of Homeland Security Appropriations Act 2010 (PL 111-83), via the Homeland Security Grant Program, allocated $85 million in FY2018 for use by local units of government to increase coordination and enforcement capabilities in support of Department of Homeland Security (DHS) goals including those outlined in the Border Patrol National Strategy. The San Diego Sector has been awarded $8,600,000 in FY2018 OPSG Homeland Security Grant funds. B. Terrain/Weather: Terrain features within the San Diego Sector include beaches, estuaries, coastal plains, steep canyons and ravines, high desert, and mountains over six thousand feet in elevation. There are numerous environmentally sensitive and protected areas. Dense, low lying brush and scrub trees cover much of the rural terrain throughout. San Diego County's western corridor is one of the most densely populated areas in the United States. The corridor includes the cities of San Diego, Imperial Beach, Chula Vista, Coronado, Encinitas, Carlsbad, and Oceanside. The County's central corridor is comprised primarily of a blend of sparsely populated remote and rural wilderness areas. The eastern corridor consists of rural mountain and ranching enclaves with populations ranging from a few hundred up to several thousand. Orange County through San Mateo County represents a rugged coastline along with varying weather. Los Angeles County includes the Islands of Catalina and San Clemente. Ventura and Santa Barbara Counties include the Channel Islands. These islands are remote and desolate and represent an area of great concern for the San Diego Sector. California State Parks and the California Highway Patrol are working together in remote areas from Ventura to San Mateo with the Sheriff's Offices in each of those counties as the Maritime threat continues to move north along the California Coast. Weather conditions vary greatly throughout the San Diego Sector. The western corridor generally maintains year round mild temperatures that average 50 to 80 degrees. The central and eastern corridors can experience extremes in temperatures ranging from subfreezing to well over 100 degrees. Eastern portions of the County can experience occasional snowfall and high winds. In addition, the western portion of the San Diego Sector experiences frequent coastal eddies (a combination of low clouds and fog), which extend several miles inland. Wildfires are a very real and persistent threat throughout the San Diego Sector. The fire season extends from May through November. Historically, wildfires have resulted in the devastating loss of life and property The combination of climatic extremes, rugged terrain, dense urban corridors, and protected environmental areas presents a complex challenge to conducting daily operations. As such, enforcement entities operating within the counties utilize considerable ingenuity and flexibility in order to achieve their missions. C. Criminal Element: Alien and drug smuggling organizations continue to pose significant threats throughout the area. These organizations have become increasingly sophisticated and use counter surveillance, diversionary tactics, night vision devices, and secure communications while conducting operations. Human trafficking, trans -border kidnappings, extortion, murder, and intimidation are common results of cartel competition for lucrative territory. Debriefings of aliens and foot guides, examination of pocket trash, and officer observations indicate substantial intelligence gathering efforts against law enforcement operations by area criminal organizations. Smugglers frequently utilize dangerous tactics in order to further their cargo into the United States. Among these are failures to yield when vehicle or checkpoint stops are initiated, abandonment of the smuggling vehicle by the driver while it is still in motion, wrong -way driving on freeways north through the Mexican Port of Entry into the southbound lanes of Interstate 5, and the overloading of boats with human cargo. The abandonment of individuals or entire groups by their guides in remote, inhospitable environments is not uncommon and has resulted in a significant number of deaths. Smuggling organizations using these, and other tactics, have been historically responsible for several assaults on Border Patrol Agents and local law enforcement officers. D. Friendly Forces: U.S. Customs and Border Protection/Border Patrol CBP Air and Marine CBP Field Operations U.S. Coast Guard Immigration and Customs Enforcement San Diego County Sheriffs Department San Diego County Probation Department San Diego Police Department San Diego Harbor Police Carlsbad Police Department Chula Vista Police Department Coronado Police Department Escondido Police Department La Mesa Police Department National City Police Department Oceanside Police Department Los Angeles County Sheriffs Department Monterey County Sheriffs Office Orange County Sheriffs Department Santa Barbara County Sheriffs Office San Luis Obispo County Sheriffs Office San Mateo County Sheriff's Office Ventura County Sheriffs Office California Highway Patrol California Department of Parks and Recreation University of California San Diego Police Department Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) FY 2018 Grant Assurances (All OPSG Participating Agencies) Name of Agency: Address: City: State: Zip Code: E-Mail Address: As the duly authorized representative of the grant recipient, I hereby certify that the agency named above has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that the grant recipient is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) HSGP California State Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are housed in Title 2, Part 200 of the Code of Federal Regulations (CFR) and in updates issued by the Office of Management and Budget (OMB) on http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are specified below. The grant recipient hereby agrees to comply with the following: 1. Proof of Authority The grant recipient will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the grant recipient and the city council, governing board or authorized body agree: (a) To provide all matching funds required for said project and that any cash match will be appropriated as required. (b) That any liability arising out of the performance of this agreement shall be the responsibility of the grant recipient and the city council, governing board or authorized body. (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body. (d) That the official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon demand. 2. Period of Performance The grant recipient will initiate work after approval of the award and complete all work within the period of performance specified in the grant. FY 2018 Operation Stonegarden Grant - Grant Assurances Page 1 of 8 Initials 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the grant recipient certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The grant recipient will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Finally, the grant recipient agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the Federal awarding agency. 4. Debarment and Suspension As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Debarment and Suspension, the grant recipient will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. The grant recipient certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default. Where the grant recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. FY 2018 Operation Stonegarden Grant - Grant Assurances Page 2 of 8 Initials 5. Non -Discrimination and Equal Employment Opportunity The grant recipient will comply with all Federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA (42 U.S.C. 12101, et seq.); (e) Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (f) Drug Abuse Office and Treatment Act of 1972) (P.L. 92-255), as amended (P.L. 96-181), relating to nondiscrimination on the basis of Treatment or recovery from drug abuse; (g) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) EO 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin; (k) EO 11375, which bans discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors; (1) California Public Contract Code § 10295.3, which addresses discrimination based on domestic partnerships; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (n), the grant recipient will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code sections 12940, 12945, 12945.2) and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the grant recipient certifies that it will or will continue to provide a drug -free workplace and a drug -free awareness program as outlined in the Act. 7. Environmental Standards The grant recipient will comply with State and Federal environmental standards which may be prescribed pursuant to the following, as applicable: FY 2018 Operation Stonegarden Grant - Grant Assurances Page 3 of 8 Initials (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§15000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. §1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. (d) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Orders (EO) on the Environmental Justice Act (EO 12898) and Environmental Quality (EO 11514); (e) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to EO 11738; (f) Protection of wetlands pursuant to EO 11990; (g) Evaluation of flood hazards in floodplains in accordance with EO 11988; (h) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.); (i) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.); (j) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (k) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205); (1) Wild and Scenic Rivers Act of 1968 (16 U.S.C. §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Finally, the grant recipient shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) finally determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in Federal grant funds annually, the grant recipient will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 CFR §200.336, the grant recipient will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The grant recipient will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The grant recipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The grant recipient will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. FY 2018 Operation Stonegarden Grant - Grant Assurances Page 4 of 8 Initials 12. Reporting - Accountability The grant recipient agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non -Federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. The grant recipient also must comply with statutory requirements for whistleblower protections at 10 U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C. §6101 et seq. 13. Human Trafficking The grant recipient will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TWA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. 14. Labor Standards The grant recipient will comply with the following federal labor standards: (a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C. §874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction contracts or subcontracts. (b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 15. Worker's Compensation The grant recipient must comply with provisions which require every employer to be insured against liability for Worker's Compensation before commencing performance of the work of this Agreement, as per California Labor Code §3700. 16. Property -Related If applicable to the type of project funded by this Federal award, the grant recipient will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchase. (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.). (d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. FY 2018 Operation Stonegarden Grant - Grant Assurances Page 5 of 8 Initials 17. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the grant recipient will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications. (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 18. Freedom of Information Act The grant recipient acknowledges that all information submitted in the course of applying for funding under this program or provided in the course of an entity's grant management activities which is under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. The grant recipient should also consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. 19. California Public Records Act The grant recipient acknowledges that all information submitted in the course of applying for funding under this program or provided in the course of an entity's grant management activities may be subject to the California Public Records Act (California Government Code §§6250-6276.48), which requires inspection and/or disclosure of governmental records to the public upon request, unless exempted by law. HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 20. Personally Identifiable Information Subrecipients collecting Personally Identifiable Information (PII) must have a publically-available policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. 21. Disposition of Equipment When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by the Department of Homeland Security/Federal Emergency Management Agency, subrecipients must request instructions from Cal OES on proper disposition of equipment. 22. Reporting Accusations and Findings of Discrimination If, during the past three years, the subrecipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the subrecipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to Cal OES for reporting to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. If any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion or familial status against the subrecipient, or the subrecipient settles a case or matter alleging such discrimination, subrecipients must forward a copy of the FY 2018 Operation Stonegarden Grant - Grant Assurances Page 6 of 8 Initials complaint and findings to Cal OES for forwarding to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 23. Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags All subrecipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. All subrecipients must obtain DHS's approval prior to using DHS seal(s), logos, crests or reproductions of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 24. Copyright All subrecipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). 25. Energy Policy and Conservation Act All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. 26. Hotel and Motel Fire Safety Act of 1990 All subrecipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with Section 6 of the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225a. 27. Terrorist Financing E.O. 13224 All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of subrecipients to ensure compliance with the E.O. and laws. 28. USA Patriot Act of 2001 All subrecipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act), which amends 18 U.S.C. §§175-175c. IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The grant recipient recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the grant recipient, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the grant recipient and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the grant recipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. FY 2018 Operation Stonegarden Grant - Grant Assurances Page 7 of 8 Initials All of the language contained within this document must be included in the award documents for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts. The undersigned represents that he/she is authorized by the above named agency to enter into this agreement for and on behalf of the said agency. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: FY 2018 Operation Stonegarden Grant - Grant Assurances Page 8 of 8 Initials RESOLUTION NO. 2019 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE FISCAL YEAR 2019 OPERATION STONEGARDEN GRANT IN THE AMOUNT $90,000, AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT FOR THE AWARD OF THE GRANT FUNDS AND SIGN GRANT DOCUMENTS INDEMNIFYING THE GRANTING AGENCY AGAINST ANY LIABILITY ARISING FROM GRANT RELATED OPERATIONS, AND AUTHORIZING THE ESTABLISHMENT OF THE POLICE DEPARTMENT GRANTS FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $90,000 FOR REIMBURSEMENT OF OVERTIME, FRINGE BENEFITS AND MILEAGE FOR PROGRAMMATIC OPERATIONS WHEREAS, the County of San Diego, through the San Diego Sheriff's Department receives federal government grant funds from the California Governor's Office of Emergency Services ("Cal OES") via the U.S. Department of Homeland Security ("DHS") for the Fiscal Year 2019 Operation Stonegarden ("OPSG") 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 in Operation Stonegarden is governed through an Agreement each fiscal year with the San Diego County Sheriff's Department; and WHEREAS, as one of the 24 participant agencies, the National City Police Department's share of grant funding is $90,000, which will be used for reimbursement of overtime, fringe benefits, and mileage for programmatic operations; 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 2019 Operation Stonegarden Grant in the amount to $90,000. BE IT FURTHER RESOLVED that the City Council hereby approves and authorizes the Chief of Police to execute an Agreement for the 2019 Operation Stonegarden Grant and grant documents indemnifying the granting agency against any liability arising from grant related operations. BE IT FURTHER RESOLVED that City funds in the amount of $90,000 are approved and authorized for overtime, fringe benefits, and mileage for the Police Department. Resolution No. 2019 - Page Two BE IT FURTHER RESOLVED that the City Council hereby approves and authorizes the establishment of a Police Department Grants fund appropriation and a corresponding revenue budget in the amount of $90,000 for reimbursement of overtime, fringe benefits and mileage for programmatic operations. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of June, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney RESOLUTION NO. 2019 - 82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE FISCAL YEAR 2019 OPERATION STONEGARDEN GRANT IN THE AMOUNT $90,000, AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT FOR THE AWARD OF THE GRANT FUNDS AND SIGN GRANT DOCUMENTS INDEMNIFYING THE GRANTING AGENCY AGAINST ANY LIABILITY ARISING FROM GRANT RELATED OPERATIONS, AND AUTHORIZING THE ESTABLISHMENT OF THE POLICE DEPARTMENT GRANTS FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $90,000 FOR REIMBURSEMENT OF OVERTIME, FRINGE BENEFITS AND MILEAGE FOR PROGRAMMATIC OPERATIONS WHEREAS, the County of San Diego, through the San Diego Sheriff's Department receives federal government grant funds from the California Governor's Office of Emergency Services ("Cal OES") via the U.S. Department of Homeland Security ("DHS") for the Fiscal Year 2019 Operation Stonegarden ("OPSG") 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 in Operation Stonegarden is governed through an Agreement each fiscal year with the San Diego County Sheriff's Department; and WHEREAS, as one of the 24 participant agencies, the National City Police Department's share of grant funding is $90,000, which will be used for reimbursement of overtime, fringe benefits, and mileage for programmatic operations; 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 2019 Operation Stonegarden Grant in the amount to $90,000. BE IT FURTHER RESOLVED that the City Council hereby approves and authorizes the Chief of Police to execute an Agreement for the 2019 Operation Stonegarden Grant and grant documents indemnifying the granting agency against any liability arising from grant related operations. BE IT FURTHER RESOLVED that City funds in the amount of $90,000 are approved and authorized for overtime, fringe benefits, and mileage for the Police Department. Resolution No. 2019 - 82 Page Two BE IT FURTHER RESOLVED that the City Council hereby approves and authorizes the establishment of a Police Department Grants fund appropriation and a corresponding revenue budget in the amount of $90,000 for reimbursement of overtime, fringe benefits and mileage for programmatic operations. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of June, 2019. Alejand a :ot= o-' , Mayor ATTEST: Michael R. ►alla, City Cler APPROVED AS TO FORM: �n•il P. i.rri� City 9.t .rney Passed and adopted by the Council of the City of National City, California, on June 4, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-82 of the City of National City, California, passed and adopted by the Council of said City on June 4, 2019. By: City Clerk of the City of National City, California d‘r:Yfhe)64e''