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08 - Accepting the Department of Homeland Security Operation Stonegarden Grant Funds FY 2023
Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 10, 2024 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Joe Cartwright, Chief of Police - 949-644-3701, jartwright@nbpd.org PREPARED BY: David Miner, Deputy Chief - 949-644-3750, dminer@nbpd.org, TITLE: Resolution No. 2024-68: Accepting the Department of Homeland Security Operation Stonegarden Grant Funds FY 2023 ABSTRACT: The Police Department requests City Council approval to accept funding from the Operation Stonegarden Grant Program (OPSG) provided by the Department of Homeland Security (DHS), passed through the California Governor's Office of Emergency Services (Cal OES) and distributed by the County of Riverside. The funding, in the amount of $125,000, was approved in the Federal Fiscal Year 2023 (FY23) budget. The funding must be used by February 28, 2026. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2024-68, A Resolution of the City Council of the City of Newport Beach, California, Accepting the FY 2023 Operation Stonegarden Grant from the United States Department of Homeland Security, Administered by the County of Riverside, and Designating the Chief of Police as the City's Authorized Agent to Execute Grant Documents, c) Accept the Department of Homeland Security FY 2023 Operation Stonegarden grant award in the amount of $125,000 and authorize the Chief of Police to execute the grant agreement; and d) Approve Budget Amendment No. 25-011 to increase expenditure appropriations by $95,000 in the Detective Division Overtime account, 01035355-713002-G2520; and $30,000 in the Detective Division Special Department Expense account, 01035355- 841046-G2520. DISCUSSION: OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal and territorial law enforcement agencies. OPSG provides funding to support joint efforts to secure the United States' borders along routes of ingress from international borders to include travel corridors in states bordering Mexico and Canada as well as states and territories with international water borders. RX Resolution No. 2024-68: Accepting the Department of Homeland Security Operation Stonegarden Grant Funds FY 2023 September 10, 2024 Page 2 The main objective is to raise the level of U.S. border and California coastline security to reduce the threat of border -related crime by promoting collaboration amongst law enforcement agencies and increasing law enforcement presence. As indicated in the OPSG Memorandum of Agreement, the California coastline is a border -crime target for maritime drug and human smuggling that often results in other criminal activities such as kidnappings, assaults, murders, money laundering, and cross -border weapons trafficking, etc. and can involve a wider range of crimes. Operation Stonegarden provides funding to state, local and tribal law enforcement agencies to enhance their capabilities to support joint efforts to secure the United States' borders. In its FY23 budget, the Department of Homeland security allocated $2,900,000 in funding to the Operation Stonegarden program. The allocation was provided to the Riverside County Sheriff's Department (RCSD) to act as the grant administrator. The RCSD was responsible for overseeing an application process and selecting law enforcement agencies within the region to receive a grant award. Participating agencies receiving the grant award are the Riverside County Sheriff's Department, the Costa Mesa Police Department, the Hawthorne Police Department, the Huntington Beach Police Department, the La Habra Police Department, the Laguna Beach Police Department, the Seal Beach Police Department, the Los Angeles County Sheriff's Department, and the Newport Beach Police Department. A total of $125,000 has been granted to the Newport Beach Police Department and must be used by February 28, 2026. $30,000 of the grant funding will be used to purchase a TruNarc Handheld Narcotics Analyzer, which enables officers to scan evidence against more than 530 suspected controlled substances in a single, definitive test. Using a narcotics analyzer, a single drug test for multiple controlled substances provides clear, definitive results for presumptive identification with no user interpretation needed, saving time and money during operations. The remaining $95,000 in grant funds will be used for overtime costs to pay for officers to work monthly operations with other agencies. City Council approval is required for acceptance of the grant per Council Policy F-25 and to appropriate funds to the expenditure budget per Council Policy F-3. FISCAL IMPACT: The Budget Amendment appropriates $125,000 in additional revenue from the Operation Stonegarden Grant Program and $125,000 in increased expenditure appropriations. The revenue will be posted to the Detectives Federal Grant account (01035355-431453- G2520), $95,000 in expenses will be posted to the Detective Division Overtime account (01035355-713002-G2520), and $30,000 in expenses will be posted to the Detective Division Special Department Expense account (01035355-841046-G2520). 8-2 Resolution No. 2024-68: Accepting the Department of Homeland Security Operation Stonegarden Grant Funds FY 2023 September 10, 2024 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Budget Amendment No. 25-011 Attachment B — OPSG Memorandum of Agreement for Fiscal Year 2023 Attachment C — Resolution No. 2024-68 8-3 ATTACHMENT A : .wi yCity ❑f Newport Beach > . BUDGET AMENDMENT f s'�`r 2024-25 BA#: 25-011 Department: Police ONETIME: 0 Yes ❑ wo Requestor: Jonathan Stafford Approvals ❑ CITY MANAGER'S APPROVAL ONLY q Finance Director: Date?J G Ld COUNCIL APPROVAL REQUIRED Clq Clerk: Date EXPLANATION FOR REQUEST: Accept Department of Homeland Security Operation Stongegarden Grant Funds - Grant supports enhanced cooperation and ❑ From existing budget appmprmtions coordination among Customs and Border Protection, United States Border Patrol, and local law enforcement. from additional estimated revenues © from unappropriated fund balance REVENUES Fund k Or& Object Project Description Increase or (Decrease) $ O10 01035355 431453 G2520 DETECTIVES - FEDERAL GRANTS 125,000.00 Subtotal $ 125,00a00 EXPENDITURES Fund # Drg Object Project Description Increase or (Decrease) $ 010 D1035355 713002 G2520 DETECTIVES -OVERTIME SAFETY & 2/2TIME 95,000.00 010 0103535S 941046 G2520 DETECTIVES -SPECIAL DEPT EXPENSE NOC 30,000.00 Subtotal $ 125,000.OD FUND BALANCE Fund 4 Object Description Increase or (Decrease) $ 010 300000 GENERAL FUND - FUND BALANCE CONTROL Subtotal $ No Chonge In Fund Balance Attachment B AGREEMENT FOR FISCAL YEAR 2023 OPERATION STONEGARDEN (OPSG) 1. PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF RIVERSIDE ("COUNTY"), the COUNTY OF LOS ANGELES ("LAC"), the CITY OF COSTA MESA, CITY OF HAWTHORNE, CITY OF HUNTINGTON BEACH, CITY OF LA HABRA, CITY OF LAGUNA BEACH, CITY OF NEWPORT BEACH, and CITY OF SEAL BEACH (collectively the "CITIES"), each a "PARTY" and collectively the "PARTIES", for support of the Operation Stonegarden ("OPSG") program. 1.1 Party Departments or A encies Participating In The Agreement 1.1.1 For the COUNTY, participating agency is the Sheriffs Office ("SHERIFF") 1.1.2 For the CITIES, participating agencies are their respective police department. 1.1.3 For LAC, participating agency is their respective Sheriffs department. 2. RECITALS 2.1 WHEREAS, COUNTY through SHERIFF applied for, and was awarded grant 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) 2023 Operation Stonegarden (OPSG) grant program. As an applicant for the San Diego Border Patrol Sector, SHERIFF shall be the lead agency to manage the OPSG program. 2.2 WHEREAS, 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 WHEREAS, Government Code §55632 authorizes COUNTY and PARTIES to contract for provision of joint law enforcement services. 2.4 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation. 2.5 WHEREAS, COUNTY, by action of the Board of Supervisors Agenda Item 3.30 on January 23, 2024, approved the application, appropriation, and use of FY 2023 OPSG funds to reimburse PARTIES for program related overtime and fringe benefits; equipment purchases and maintenance costs; fuel; mileage; flight; and management and administration costs incurred not to exceed the amounts described in Exhibit A — FY 2023 OPSG Budget 8-5 Attachment B Worksheet in paragraph 2.9 (a) below, during the period of performance (POP) September 1, 2023 through May 31, 2026 but, the operational project period for PARTIES shall be the date of FEMA's approval, March 25, 2024 through February 28, 2026. 2.6 WHEREAS, PARTIES shall retain documentation supporting all expenditures reimbursed from OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to the federal procurement standards found in Title 2 of the Code of Federal Regulations, Part 200, Subpart D, Section §200.317-200.327, 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 organization -wide financial and compliance audit reports if $750,000 or more of OPSG federal funds are expended in a fiscal year. 2.6.1 Documentation shall be retained in accordance with the FEMA Preparedness Grants Manual and other OPSG grant requirements and shall be available for audit and inspection. 2.7 WHEREAS, PARTIES agree that this Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC). 2.8 WHEREAS, PARTIES acknowledge the following information for the OPSG grant program: (a) Federal Grantor Agency: U. S. Department of Homeland Security (DHS) (b) Administrative Authority: Federal Emergency Management Agency (FEMA) (c) Operational Oversight: U. S. Customs and Border Protection (CBP) (d) State Administrative Agency (SAA) or Pass -Through Agency: California Governor's Office of Emergency Services (Cal OES) (e) Program Title: Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG) (f) Grant Identification Number: 2023-0042 (g) Federal CFDA Number: 97.067 2.9 WHEREAS, PARTIES agree and shall utilize and adhere to the following Exhibits attached hereto and/or available using the referenced link: (a) Exhibit A - FY 2023 OPSG Budget Worksheet (b) Exhibit B - FY 2023 OPSG Standard Assurances (c) Exhibit C - FY 2023 OPSG Byrd Anti -Lobbying Certification Form (d) Exhibit D - FY 2023 OPSG Operations Order (CONFIDENTIAL, for Official Use Only/Law Enforcement Sensitive) (e) Exhibit E - Title 2 of the Code of Federal Regulations Part 200. (f) Exhibit F - Federal Contract Provisions (language to be developed and incorporated within a contract) (g) Exhibit G - FY 2023 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO 2 Attachment B (h) Exhibit H - FY 2023 Homeland Security Grant Program (HSGP) California Supplement to the Federal NOFO (i) Exhibit I - FEMA Preparedness Grants Manual Nothing in the Exhibits above shall limit the requirements of this Agreement. 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 grant program proposal awarded by the DHS and passed through to the Cal OES, under the FY 2023 Operation Stonegarden grant program. 4. SCOPE OF SERVICES 4.1 Method of Service DelivLrl SHERIFF shall manage the OPSG grant program, oversee the funding allocation of the PARTIES, and be administratively responsible for coordination of PARTIES' obligations under this Agreement. The SHERIFF's OPSG grant program team will be staffed as described in paragraph 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES. 4.2 Overview of Basic Services PARTIES shall perform OPSG Operations ("Operations") by increasing law enforcement presence in each PARTY's designated jurisdiction and in coordination with other OPSG partner agencies to support the U. S. Customs and Border Protection (CBP) efforts to improve border security in the region. PARTIES will enforce local and state laws within their designated jurisdiction subject to the California Values Act (S13 54; Chapter 495) and shall not enforce or aid in the enforcement of immigration laws on behalf of U. S. Customs and Border Protection (CBP) and U. S. Border Patrol (BP). This Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC). 5. TERM OF AGREEMENT The OPSG grant program period of performance (POP) is September 1, 2023 through May 31, 2026, but the operational project period for PARTIES shall be the date of FEMA's approval, March 25, 2024 through February 28, 2026. 5.1 Initial Term 8-7 Attachment B The term of this Agreement shall be retroactive to 12:01 a.m. on March 25, 2024 and shall continue in effect through and terminate at midnight on May 31, 2026; subject to the termination provision in paragraph 5.3. 5.2 Oration to Extend Renewal or extension of the Agreement beyond May 31, 2026 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. 5.3.1 A PARTY may terminate its participation in this Agreement immediately upon written notice to the other PARTIES in the event it becomes ineligible to receive grant funds under this Agreement. 5.3.2 As the lead agency, SHERIFF, with approval from either FEMA, CBP, and/or Cal OES as needed, may require the termination of a PARTY's participation if it is determined that the PARTY has violated the provisions of this Agreement, including failure to provide the Anticipated Outcome set forth in section 6.3. 6. STANDARDS OF SERVICE. OBLIGATIONS OF THE PARTIES 6.1 Suspension and Debarment SHERIFF will request, and PARTIES shall provide a copy of the SAM.gov report for their agency which shows their Active and Inactive Exclusions. Any PARTY with Active Exclusions at the onset of, or any time during, the term of this Agreement is not eligible to participate as set forth in Executive Orders 12549 and 12689, 2 CFR 200.214, and codified in 2 CFR Part 180, and shall terminate its participation in this Agreement as provided for in paragraph 5.3 Termination. 6.2 Byrd Anti-Lobbyiny, Amendment PARTIES that receive an award greater than $100,000 shall certify to SHERIFF on the Byrd Anti -Lobbying Certification Form attached hereto as Exhibit C, that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each PARTY shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from agency to agency up to the recipient who in turn will forward the certifications to the federal awarding agency. 4 Attachment B 6.3 Anticipated Outcome The anticipated outcome of Operations to be performed by PARTIES under this Agreement is increased law enforcement presence in each PARTY's designated jurisdiction to support U. S. DHS and U. S. CBP 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 PARTIES and in Exhibit D — FY 2023 OPSG Operations Order. 6.3.1 PARTIES shall 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 shall utilize their unique investigatory areas of expertise in operations. 6.3.2 Increase intelligence/information sharing among PARTIES, including but not limited to: (a) Conducting bi-monthly meetings with a minimum of one representative from each PARTY. (b) Increasing information sharing during operations. 6.3.3 Prior to Operations, PARTIES' Designated Operations Coordinator, in paragraph 6.4.3, shall submit an operational plan and schedule to the Integrated Planning Team (IPT) at least 72 hours prior to the operation. 6.3.3.1 The IPT is comprised of SHERIFF and CBP sworn personnel. 6.3.3.2 The role of the IPT is to provide support and guidance to the local, state, and federal law enforcement stakeholders within the grant. 6.3.4 Within 48 hours following the conclusion of each Operation: 6.3.4.1 Each PARTY shall complete a Daily Activity Report (DAR) form in Excel format, which will be submitted as supporting documentation for any reimbursement request. Information entered in the Narrative section of the DAR form shall include statistical data and report from Field Interviews (FIs), Arrest Reports, and/or Citations. 6.3.4.2 PARTIES' Designated Operations Coordinator in paragraph 6.4.3, or designee, shall enter and submit the same DAR information directly into DHS's Homeland Security Information Network (HSIN). 6.3.4.3 PARTIES' Designated Operations Coordinator or designee shall ensure DAR information entered in HSIN is correct and shall make necessary corrections until it is processed for approval. 6.4 Personnel Oualifications and Assignment EMS Attachment B 6.4.1 Oualifications Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualifications for their specific classification. 6.4.2 _ManaEement, 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. 6.4.3 Desi nated Operations Coordinators SHERIFF shall select a Designated Operations Coordinator, at the rank of Sheriffs Lieutenant or higher, who shall manage and direct OPSG operations. All other PARTIES shall select a Designated Operations Coordinator for their respective agency under this Agreement. The Designated Operations Coordinator 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 to address any disputes which may arise concerning implementation of this Agreement. 6.4.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are always provided to Operations during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 6.4.5 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 Operations. Similarly, all other PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard 6 8-10 Attachment B issue equipment necessary to perform Operations unless otherwise specified in Exhibit D - FY 2023 OPSG Operations Order. 6.4.5.1 PARTIES are responsible for the procurement of their own equipment to be used in Operations. 6.4.5.2 PARTIES shall maintain an inventory list of all equipment purchased with OPSG funds and when practicable, equipment shall be labeled with: "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 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 DHS passed through the Cal OES. 7.1.2 PARTIES agree that awarded funds identified as allowable costs, as set forth in Exhibit G — FY 2023 Homeland Security Grant Program Notice of Funding Opportunity (HSGP NOFO), shall be expended only for approved Operations operating expenses, and equipment as detailed in Exhibit A — FY 2023 OPSG Budget Worksheet, and that unallowable costs are not reimbursable as set forth in Exhibit G — FY 2023 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 SHERIFF. SHERIFF shall make any necessary adjustments to PARTY claims to correct for overpayments, underpayments, or disallowances. 7.2 Project Costs/Rate of Compensation SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform Operations and shall reimburse for costs approved in Exhibit D — FY 2023 OPSG Operations Order, based upon available funding and the actual costs incurred by PARTIES to provide Operations. 7.3 Method of Payment PARTIES shall submit to SHERIFF, accurate and complete reimbursement forms, labor reports, timesheets, DARs, equipment and equipment maintenance invoices, procurement documents, purchase orders and/or contracts, and proof of payment, that represent amounts to be reimbursed under this Agreement within ninety (90) days from the date when expenditure was incurred. All requests for reimbursement shall be sent to: 8-11 Attachment B Riverside County Sheriffs Office Irina Sandoval / OPSG Grants Unit 1500 Castellano Rd Riverside, CA 92509 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., DARs, timesheets, payroll and labor reports, procurement documents, etc., are true and correct. 7.3.2 PARTIES shall provide payroll records for each 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 PARTIES shall submit to SHERIFF, verifiable and complete supporting documentation to substantiate reimbursement requests for service maintenance and/or equipment purchase, to include the equipment inventory ledger, certified copies of invoice, purchase order, proof of payment to vendor and procurement documentation. 7.3.3.1 PARTIES shall provide procurement records that show proof of compliance to 2 CFR 200.317-200.327 requirements, and documents that substantiate full and open competition, to include but not limited to copies of solicitation (RFQ, RFB, RFP), rationale for the method of procurement, contract policy, basis for the contract type and price, purchase request, statement of work and other .pre -solicitation documents, cost/price analysis (if applicable), profit negotiation (if applicable), purchase orders, federal contract provisions with required language incorporated within contracts under federal award (as directed herein by Exhibit F — Federal Contract Provision), notice of award, record of protest, performance or other bond documents, specialized endorsements, suspension and debarment listing, etc. 7.3.3.2 PARTIES shall make available to SHERIFF for inspection and upon request, all procurement records that provide historical and background information to answer inquiries pertaining to the acquisition of service maintenance and/or equipment that may arise in a review or audit or until the grant record retention period expires. 7.3.4 PARTIES shall ensure awareness, understanding and compliance to all grant rules and procurement requirements. PARTIES shall be responsible in making sure that proper authorization are in place for any OPSG equipment purchase that require 8 8-12 Attachment B specialized endorsement or approvals, including waiver request forms or Environmental Planning and Historic Preservation (EHP) compliance. 7.3.5 Noncompetitive procurements of equipment exceeding the $250,000 simplified acquisition threshold established by Federal Acquisition Regulation (FAR) 48 CFR Subpart 2.1, in accordance with 41 U.S.C. 1908, will require prior written approval from Cal OES. 7.3.5.1 Prior to purchasing equipment determined to be noncompetitive, PARTIES shall provide SHERIFF by email a copy of their Purchasing Agent's approval for the noncompetitive procurement which SHERIFF will submit to Cal OES for approval. 7.3.6 PARTIES shall obtain a performance bond from vendors prior to procuring equipment items costing over $250,000, or any vehicle, aircraft, or watercraft, to be paid at the time of purchase, in order to ensure delivery of the equipment within ninety (90) days of the performance period end date. 7.3.6.1 Performance bond shall be included for reimbursement with invoice. 7.3.7 Within ninety (90) business days upon receipt of valid invoice and supporting documentation specified in subparagraphs under 7.3, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 7.3.8 Each PARTY shall manage their allocation and track their claims to ensure they remain within their allocated amount as specified in Exhibit A — FY 2023 OPSG Budget Worksheet. 7A Reimbursement Disallowances PARTIES not in compliance with procedures in paragraph 7.3 above risk having incurred expenditures disallowed for reimbursement by SHERIFF. PARTIES that fail to submit claims for reimbursement within ninety (90) days will be notified in writing by SHERIFF that the claim(s) is/are past due, and funds allocated to the PARTY for that time period may be redistributed among other PARTIES. 8. PROGRANIXINANCIAL ADMINISTRATION 8.1 PARTIES shall use as the primary reference in all programmatic, financial, and grant administration matters and adhere to the policies and regulations in Exhibit E - Title 2 of the Code of Federal Regulations Part 200 (2 CFR Part 200), Exhibit G — FY 2023 HSGP NOFO, Exhibit H — FY 2023 HSGP CA Supplement to the NOFO, and Exhibit I — FEMA Preparedness Grants Manual, in conjunction with updates issued by the Office of Management and Budget (OMB), Grants & Training (G&T) information bulletins, and Cal OES policy, regulations, and statutes. 8-13 Attachment B 8.1.1 Contract Provisions PARTIES shall ensure that all contracts adhere to all applicable contract provisions stated in 2 CFR 200.317-200.327 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 noncompliance will be denied. 8.1.2 Methods of Procurement PARTIES shall adhere to the procurement methods found in 2 CFR 200, Subpart D, Section 200.320. 9. REPAYMENT OF REIMBURSEMENTS 9.1 Any PARTY found through compliance assessments, audits, or monitoring site visits, to be out of compliance with paragraphs 7.3 and 8 above, shall retroactively repay SHERIFF, within ninety (90) days of notification, any reimbursement found out of compliance which was paid to PARTY during the term of, and even after the term, of this Agreement. This provision shall survive termination or expiration of this Agreement. 11). INDEMNIFICATION -- WORKERS' COM.PENSAT[ON EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 10.1 The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, 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. 10.2 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 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. fF. 8-14 Attachment B 10.3 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. 11. INDEMNIFICAT[ON RFLAT ED TO ACTS OR OM ISS10NS; NEGLIGENCE 11.1 Claims Arisin2 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. 11.2 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 11.4 below. 11.3 Joint Defense Notwithstanding paragraph 11.2 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 11.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 11.4 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. 8-15 Attachment B 12. GENERAL PROVISIONS 12.1 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 SHERIFF: Sheriff Riverside County Sheriffs Office 4095 Lemon Street Riverside, CA 92501 To Non -County PARTIES: Chief of Police Costa Mesa Police Department 99 Pair Drive Costa Mesa, CA 92626 Chief of Police Huntington Beach Police Department 2000 Main Street Huntington Beach, CA 92648 Chief of Police Laguna Beach Police Department 505 Forest Ave Laguna Beach, CA 92651 Chief of Police Seal Beach Police Department 911 Seal Beach Blvd Seal Beach, CA 90740 Chief of Police Hawthorne Police Department 12501 Hawthorne Blvd Hawthorne, CA 90250 Chief of Police La Habra Police Department 150 N Euclid Street La Habra, CA 90631 Chief of Police Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 Sheriff Los Angeles County Sheriffs Dept. Special Enforcement Bureau 1060 North Eastern Avenue Los Angeles, CA 90063 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 received. 12 8-16 Attachment B 12.2 Amendment; Assignment 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. No PARTY shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other PARTIES. 12.3 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. 12.4 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. 12.5 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. 12.6 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. 12.7 Cooperation COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith to implement this Agreement. 12.8 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. SHERIFF will provide each PARTY with a copy of this Agreement once fully executed. 13 8-17 Attachment B 12.9 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. 12.10 Legislative ChanEes If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the DHS imposes any budget requirements or limitations applicable to this Agreement and the services to be provided hereunder, then (1) to the extent any of the changes are of mandatory application, such change(s) shall apply to the PARTIES in this Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this Agreement in which case such material provision shall be voidable and the PARTIES will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shall not affect this Agreement or the right or obligations of COUNTY and non -COUNTY under this Agreement unless the PARTIES mutually agree to subject themselves to such changes(s). 12.11 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. 12.12 Dispute Resolution Concernin Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, representatives described in paragraph 12.11, will meet, and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 12.13 Termination of Funding If funding for reimbursement of costs related to 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 Operations as described herein. In such event, PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of Operations through alternate means. 12.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 1,1 8-18 Attachment B 12.15 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 WITLESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective March 25, 2024, unless otherwise specified. Approved as to form and legality: RIVERSIDE COUNTY Minh C. Tran SHERIFF'S OFFICE OFFICE OF COUNTY COUNSEL COUNTY OF RIVERSIDE Chad Bianco Sheriff -Coroner COSTA MESA POLICE DEPARTMENT Ron Lawrence Chief HUNTINGTON BEACH POLICE DEPARTMENT Eric G. Parra Chief LAGUNA BEACH POLICE DEPARTMENT Jeff Calvert Chief 15 Amrit P. Dhillon Deputy County Counsel HAWTHORNE POLICE DEPARTMENT Gary Tomatani Chief LA HABRA POLICE DEPARTMENT Adam Foster Chief NEWPORT BEACH POLICE DEPARTMENT Joe Fwwrigl Chief 8-19 Attachment B SEAL BEACH POLICE DEPARTMENT Michael Henderson Chief LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Robert G. Luna Sheriff Approved as to form: DAWYN R. HARRISON OFFICE OF THE COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel 8-20 Attachment C RESOLUTION NO. 2024- 68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ACCEPTING THE FY 2023 OPERATION STONEGARDEN GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, ADMINISTERED BY THE COUNTY OF RIVERSIDE, AND DESIGNATING THE CHIEF OF POLICE AS THE CITY'S AUTHORIZED AGENT TO EXECUTE GRANT DOCUMENTS WHEREAS, the City of Newport Beach ("City") by and through its Police Department desires to accept a grant in the amount of one hundred twenty five thousand dollars ($125,000.00) from the County of Riverside as the pass through administrative agency of funds made available through the FY 2023 Operation Stonegarden program ("Grant") from the United States Department of Homeland Security to support the City's operational readiness along land and sea borders; WHEREAS, the terms of the Grant require that the City Council provide written authorization of authority for an authorized agent to execute Grant documents on behalf of the City, and for said written authorization to include certain standard assurances; and WHEREAS, the City Council desires to authorize the City's Chief of Police to act as the City's authorized agent to execute Grant documents, subject to approval as to form by the City Attorney, provide written standard assurances, and desires to approve a budget amendment to account for the Grant. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby accept the Grant made available through the Operation Stonegarden program. Section 2: That the Chief of Police is hereby authorized to act as the City's authorized agent with the authority to execute Grant documents and take any further actions necessary to secure payment of, and implementation of, Grant funds 8-21 Attachment C Resolution No. 2024- Page 2 of 3 Section 3: That in accordance with the terms of the Grant, the City agrees: (a) to provide all matching funds required, if any, and that any cash match will be appropriated as required by the terms of the Grant; (b) that any liability arising out of the performance of the Grant activities shall be the responsibility of the City; (c) that Grant funds shall not be used to supplant expenditures controlled by the City; (d) that the City is authorized to apply for federal assistance, and the institutional, managerial and financial capability to ensure proper planning, management and completion of the project (including funds sufficient to pay the non-federal share of project cost, if any, or to retroactively repay and reimbursement found out of compliance which was paid to City, for as long as the grant is active); and, (e) the official herein designated by the City to execute Grant documents is authorized to do so. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 8-22 Attachment C Resolution No. 2024- Page 3 of 3 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this loth day of September, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4 --- C- i..", aron C. Harp City Attorney 8-23