HomeMy WebLinkAboutRiverside County Sheriff's Office - 2024-03-25 (2) 2000 Main Street,
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City of Huntington Beach APPROVED 7-0
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File #: 24-434 MEETING DATE: 6/18/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Lt. Thoby Archer and Exec. Asst. Ingrid Ono
Subject:
Approve and authorize execution of a one-year agreement with the Riverside County Sheriff's
Department to participate in Operation Stonegarden
Statement of Issue:
The Huntington Beach Police Department (HBPD) received a grant from the Department of
Homeland Security, which is administered via the San Diego Sheriffs Department to detect, prevent,
and investigate incidents of human trafficking and the trafficking of illicit narcotics. This fiscal year, the
HBPD will continue to partner with the Riverside County Sheriffs Department and the Department of
Homeland Security to provide the same enforcement through Operation Stonegarden. The project
period for this grant began on September 1, 2023, and ends on May 31, 2026.
Financial Impact:
The proposed agreement would provide the HBPD with $199,000 in grant funding to fund extra patrol
shifts to accomplish the goals outlined in the mission of Operation Stonegarden. The agreement
would also provide $26,000 in reimbursable costs for airframe time when a HBPD helicopter is
utilized.
Recommended Action:
A) Approve and authorize Police Chief Eric G. Parra to execute the "Agreement for Fiscal Year
2023 Operation Stonegarden (OPSG);" and,
B) Appropriate $225,000 in grant funding for Operation Stonegarden.
Alternative Action(s):
City of Huntington Beach Page 1 of 2 Printed on 6/12/2024
powereli4g LegistarTm
File #: 24-434 MEETING DATE: 6/18/2024
Do not approve the recommended action and direct staff accordingly.
Analysis:
The Riverside County Sheriffs Department applied for and received grant funds from the Department
of Homeland Security to participate in Operation Stonegarden (OPSG). The funds are distributed by
the California Governor's Office of Emergency'Services (CALOES) to local agencies to fund their
participation in OPSG. The HBPD's role in OPSG would be to detect, prevent, and investigate
incidents of human trafficking and the trafficking of illicit narcotics. At no time will the HBPD violate
SB 54 or assist in any immigration operations with Federal entities. This will be the fourth year the
HBPD will have participated in these operations.
Environmental Status:
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.
Strategic Plan Goal:
Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to
optimize public safety's emergency response and reduce the number of calls.
Attachment(s):
1. Agreement FY2023 OPSG
City of Huntington Beach Page 2 of 2 Printed on 6/12/2024
powerel14 Legistarn1
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 Agencies 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°jpint 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
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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)
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(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 Delivery
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 (SB 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
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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 Option 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-Lobbying 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.
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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 Qualifications and Assignment
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6.4.1 Qualifications
Each PARTY shall ensure that personnel assigned to perform Operations
pursuant to this Agreement meet the minimum qualifications for their specific
classification.
6.4.2 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.
6.4.3 Designated 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
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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:
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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
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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.
7.4 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. PROGRAM/FINANCIAL 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.
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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.
10. INDEMNIFICATION—WORKERS' COMPENSATION, 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.
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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. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE
11.1 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.
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.
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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 Chief of Police
Costa Mesa Police Department Hawthorne Police Department
99 Fair Drive 12501 Hawthorne Blvd
Costa Mesa, CA 92626 Hawthorne, CA 90250
Chief of Police Chief of Police
Huntington Beach Police Department La Habra Police Department
2000 Main Street 150 N Euclid Street
Huntington Beach, CA 92648 La Habra, CA 90631
Chief of Police Chief of Police
Laguna Beach Police Department Newport Beach Police Department
505 Forest Ave 870 Santa Barbara Drive
Laguna Beach, CA 92651 Newport Beach, CA 92660
Chief of Police Sheriff
Seal Beach Police Department Los Angeles County Sheriffs Dept.
911 Seal Beach Blvd Special Enforcement Bureau
Seal Beach, CA 90740 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
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
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 Changes
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 Concerning 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.
14
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 WITNESS 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 Amrit P. Dhillon
Sheriff-Coroner Deputy County Counsel
COSTA MESA POLICE HAWTHORNE POLICE DEPARTMENT
DEPARTMENT
Ron Lawrence Gary Tomatani
Chief Chief
HUNTINGTON OLICE LA HABRA POLICE DEPARTMENT
DEPA MEN
Eric G. Parra Adam Foster
Chief Chief
LAGUNA BEACH POLICE NEWPORT BEACH POLICE
DEPARTMENT DEPARTMENT
Jeff Calvert Joe Cartwright
Chief Chief
APPROVED RM COUNTERPART
B
MICH .GATES
CI A ORNEY
CITY 0 UNTINGTON BEACP 15
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 WITNESS 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 FFICE OFFICE OF COUNTY COUNSEL
COUNTY OF RIVERSIDE
Chad Bianc Amrit P. Dhillon
Sheriff-Coroner Deputy County Counsel
COSTA MESA POLICE HAWTHORNE POLICE DEPARTMENT
DEPARTMENT
Ron Lawrence Gary Tomatani
Chief Chief
HUNTINGTON BEACH POLICE LA HABRA POLICE DEPARTMENT
DEPARTMENT
Eric G. Parra Adam Foster
Chief Chief
LAGUNA BEACH POLICE NEWPORT BEACH POLICE
DEPARTMENT DEPARTMENT
Jeff Calvert Joe Cartwright
Chief Chief
COUNTERPART
15
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 WITNESS 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 Amrit P. Dhillon
Sheriff-Coroner Deputy County Counsel
CO ME A POLICE HAWTHORNE POLICE DEPARTMENT
D ART NT
Ron Law e Gary Tomatani
Chief Chief
HUNTINGTON BEACH POLICE LA HABRA POLICE DEPARTMENT
DEPARTMENT
Eric G. Parra Adam Foster
Chief Chief
LAGUNA BEACH POLICE NEWPORT BEACH POLICE
DEPARTMENT DEPARTMENT
Jeff Calvert Joe Cartwright
Chief Chief
COUNTERPART
15
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 WITNESS 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 Amrit P. Dhillon
Sheriff-Coroner Deputy County Counsel
COSTA MESA POLICE HAWTHORNE POLICE DEPARTMENT
DEPARTMENT
c=,j.c%A.......-et -
Ron Lawrence G Tomatani
Chief Chief
HUNTINGTON BEACH POLICE LA HABRA POLICE DEPARTMENT
DEPARTMENT
Eric G. Parra Adam Foster
Chief Chief
LAGUNA BEACH POLICE NEWPORT BEACH POLICE
DEPARTMENT DEPARTMENT
Jeff Calvert Joe Cartwright
Chief Chief
COUNTERPART
15
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 WITNESS 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 Amrit P. Dhillon
Sheriff Coroner Deputy County Counsel
COSTA MESA POLICE HAWTHORNE POLICE DEPARTMENT
DEPARTMENT
Ron Lawrence Gary Tomatani
Chief Chief
HUNTINGTON BEACH POLICE LA HAB 1 POLICE DEPARTMENT
DEPARTMENT
Eric G. Parra Adam Foster
Chief Chief
LAGUNA BEACH POLICE NEWPORT BEACH POLICE
DEPARTMENT DEPARTMENT
Jeff Calvert Joe Cartwright
Chief Chief
COUNTERPART
15
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 WITNESS 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 Amrit P. Dhillon
Sheriff-Coroner Deputy County Counsel
COSTA MESA POLICE HAWTHORNE POLICE DEPARTMENT
DEPARTMENT
Ron Lawrence Gary Tomatani
Chief Chief
HUNTINGTON BEACH POLICE LA HABRA POLICE DEPARTMENT
DEPARTMENT
Eric G. Parra Adam Foster
Chief Chief
LAGUNA B CE NEWPORT BEACH POLICE
DEPARTY1 DEPARTMENT
Jeff Calvert Joe Cartwright
Chief Chief
COUNTERPART
15
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 WITNESS 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 Amrit P. Dhillon
Sheriff-Coroner Deputy County Counsel
COSTA MESA POLICE HAWTHORNE POLICE DEPARTMENT
DEPARTMENT
Ron Lawrence Gary Tomatani
Chief Chief
HUNTINGTON BEACH POLICE LA HABRA POLICE DEPARTMENT
DEPARTMENT
Eric G. Parra Adam Foster
Chief Chief
LAGUNA BEACH POLICE NEWPORT BEACH POLICE
DEPARTMENT DEPARTMENT
Jeff Calvert Joe rigl
Chief Chief
COUNTERPART
is
SEAL BEACH OLICE
PARTMEN
Michael Henderson
Chief
Approved as to form:
LOS ANGELES COUNTY DAWYN R. HARRISON
SHERIFF'S DEPARTMENT OFFICE OF THE COUNTY COUNSEL
COUNTY OF LOS ANGELES
Robert G. Luna Michele Jackson
Sheriff Principal Deputy County Counsel
COUNTERPART
16
SEAL BEACH POLICE
DEPARTMENT
Michael Henderson
Chief
Approved as to form:
LOS ANGELES COUNTY DAWYN R.HARRISON
SHERIFF'S DEPARTMENT OFFICE OF THE COUNTY COUNSEL
COUNTY OF LOS ANGELES
J3„...kv APPROVAL ON FILE
Robert G. Luna Michele Jackson
Sheriff Principal Deputy County Counsel
COUNTERPART
16
EXHIBIT A
e- e
FY 2023 OPERATION STONEGARDEN
RIVERSIDE COUNTY SHERIFF'S OFFICE - SUB-RECIPIENT
SUMMARY
9 .
� ; Budget Narrative Category;
g .a
D
E_` F G� H' I
' Re lace' Flight
A,� .a• . . M&A .TOTAL °
i e Benefits �� _aEquip Mainf. New Fuel'Costs � Mileagecosts-
a� ,AGENCYNAME Operational OT .Fr ng Maint-` vEquip" _ �
Riverside County Sheriffs Department $ 259,436 $ 12,354 $ $ $ 399,200145,000 $ 843,500
Costa Mesa Police Department $ 116,263 $ - $ - $ - $ 72,000 $ $ 2,737 $ $ $ 191,000
Hawthorne Police Department $ 106,000 $ - $ - $ - $ - $ - $ - $ $ $ 106,000
•
Huntington Beach Police Department $ 199,000 $ $ $ - $ $ $ - $ 26,000 $ - $ 225,000
La Habra Police Department $ 65,776 $ 7,652 $ - $ - $ 133,500 $ - $ 1,572 $ $ $ 208,500
Laguna Beach Police Department $ 35,572 $ 515 $ - $ $ 80,000 $ - $ 4,913 $ $ - $ 121,000
Los Angeles County Sheriffs Department $ 885,000 $ - $ - $ $ - $ $ $ $ - $ 885,000
Newport Beach Police Department $ 93,642 $ 1,358 $ - $ - $ 30,000 $ - $ $ $ - $ 125,000
Seal Beach Police Department $ 102,161 $ 1,481 $ - $ - $ 89,000 $ - $ 2,358 $ - $ - $ 195,000
Grand Total Riverside County Region m$ 1,862,850 '$ 23,360 $° $ _ . $ 803,700P $ $ 39,090 $ e _26,000 a $ 145,000 $ 2,900,000
EXHIBIT B
Homeland Security Grant Program- Operation Stonegarden Grant(OPSG)
FY 2023 Standard Assurances
(All OPSG Participating Agencies)
Name of Agency: RaPr iV677- -f BEZ(- I )3LJ 2/Ep/yi2TMA7VT
Address: 2000 // .57-geET
City: /Ir)il71 Al6r19041 &ACN State: (1( Zip Code: 9ZLe
As the duly authorized representative of the Agency ("Agency") named above, I hereby certify that the
Agency has the legal authority to apply for federal assistance and has the institutional, managerial and financial
capability (including sufficient funds to pay any non-federal share of project cost or to retroactively repay any
reimbursement found out of compliance which was paid to Agency, for as long as the grant is active) to ensure
proper planning, management and completion of the project described in this application, within prescribed
timelines.
I further acknowledge that the Agency 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)Federal Preparedness Grants Manual;
(d)HSGP California State Supplement to the NOFO;and
(e)Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles,uniform administrative requirements and audit requirements for federal grant programs
are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of
Management and Budget(OMB)and can be found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements(some of which appear in the documents listed above)
are set forth below.The Agency hereby agrees to comply with the following:
1.Proof of Authority
The Agency 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 Agency 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
Agency 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;
FY 2023 Operation Stonegarden Grant-Standard Assurances Page 1 of 9 Initials
(d) That the Agency is authorized by the city council, governing body, or authorized body to apply for
federal assistance,and the institutional,managerial and financial capability(including funds sufficient
to pay the non-federal share of project cost, if any, or to retroactively repay any reimbursement found
out of compliance which was paid to Agency, for as long as the grant is active) to ensure proper
planning,management and completion of the project described in this application;and
(e) 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 request.
2. Period of Performance
The Agency is only authorized to perform allowable activities approved under the award, within the period of
performance specified in the grant.Allowable activities may be initiated after approval of the award.
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 Agency 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 Agencies shall certify and disclose accordingly.
The Agency 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 Agency 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 C.F.R §200.213 and codified in 2 C.F.R Part 180,
Debarment and Suspension, the Agency will provide protection against waste, fraud and abuse by debarring or
suspending those persons deemed irresponsible in their dealings with the federal government.The Agency certifies
that it and its principals, contractors,or subcontractors:
(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,
FY 2023 Operation Stonegarden Grant-Standard Assurances Page 2 of 9 m°'tt
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 Agency is unable to certify to any of the statements in this certification,he or she shall attach an
explanation to this application.
5.Non-Discrimination and Equal Employment Opportunity
The Agency will comply with all state and 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 in any federally funded educational program or
activity;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, and requires buildings and structures be accessible to those with disabilities and access and
functional needs(42 U.S.C. § 12101-12213);
(e) Age Discrimination Act of 1975,(42 U.S.C. §§6101-6107),which prohibits discrimination on the basis
of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd --- 2), relating to confidentiality of patient
records regarding substance abuse treatment;
(g)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in
the sale, rental or financing of housing as implemented by the Department of Housing and Urban
Development at 24 C.F.R Part 100. The prohibition on disability discrimination includes the
requirement that new multifamily housing with four or more dwelling units --- i.e., the public and
common use areas and individual apartment units (all units in buildings with elevators and ground-
floor units in buildings without elevators) --- be designed and constructed with certain accessible
features(See 24 C.F.R§ 100.201);
(h) Executive Order(E.O.) 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, sexual orientation,
gender identification,or national origin;
(i) Executive Order (E.O.) 11375, which bans discrimination on the basis of race, color, religion, sex,
sexual orientation,gender identification,or national origin in hiring and employment in both the United
States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic
partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations,under which all recipients must
comply with equal treatment policies and requirements contained in 6 C.F.R.Part 19;
(1) The Agency will comply with California's Fair Employment and Housing Act (FEHA) (California
Government Code § 12940, 12945, 42945.2), as applicable. FEHA prohibits harassment and
discrimination in employment because of ancestry, familial status, race, color, religious creed
(including religious dress and grooming practices), sex (which includes pregnancy, childbirth,
P
FY 2023 Operation Stonegarden Grant-Standard Assurances Page 3 of 9 Initials
breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding),gender,gender
identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and
physical disability, genetic information, medical condition, age, pregnancy, denial of medical and
family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for
protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions;
(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.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Agency certifies that it will
maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Agency will comply with State and Federal environmental standards, including:
(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) Federal Clean Air Act of 1955 (42 U.S.C. § 7401), which regulates air emissions from stationary and
mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act
(NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing
the Procedural Provisions of NEPA; and Executive Orders (EO) 12898 which focuses on the
environmental and human health effects of federal actions on minority and low-income populations
with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order(EO) 11988
(g) Executive Order(EO) 11514 which sets forth national environmental standards;
(h) Executive Order (EO) 11738 instituted to assure that each federal agency empowered to enter into
contracts for the procurement of goods, materials, or services and each federal agency empowered to
extend federal assistance by way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the
Federal Water Pollution Control Act Executive Order (EO) 11990 which requires preservation of
wetlands;
(i) The Safe Drinking Water Act of 1974,(P.L.93-523);
(j) The Endangered Species Act of 1973,(P.L.93-205);
(k) Assurance of project consistency with the approved state management program developed under the
Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 etseq.);
(1) Conformity of Federal Actions to State(Clear Air)Implementation Plans under Section 176(c)of the
Clean Air Act of 1955,as amended(42 U.S.C. §§ 7401 etseq.);
(m)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.
The Agency 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)determined to be in violation of federal
law relating to air or water pollution.
FY 2023 Operation Stonegarden Grant-Standard Assurances Page 4 of 9 Initials l��r
8.Audits
For grant recipients expending $750,000 or more in federal grant funds annually, the Agency 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 C.F.R§ 200.336,the Agency 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 Agency will require any subrecipients,
contractors, successors,transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Agency will establish safeguards to prohibit the Agency's 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 Agency will comply with 31 U.S.0§3729-3733 which sets forth that no subgrantee,
recipient or subrecipient shall submit a false claim for payment,reimbursement or advance.
12.Reporting-Accountability
The Agency agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency
Act (FFATA) (P.L. 109-282), 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 for executive compensation,and also requirements implementing the Act for the non-federal
entity at 2 C.F.R. part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and
2 C.F.R. part 170 Reporting Subaward and Executive Compensation Information.
13.Whistleblower Protections
The Agency 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.
14.Human Trafficking
The Agency will comply with the requirements of Section 106(g)of the Trafficking Victims Protection Act(TVPA)
of 2000,as amended(22 U.S.C. § 7104)which prohibits grant award recipients or a subrecipient from:(1)engaging
in 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.
15. Labor Standards
The Agency will comply with the following federal labor standards:
(a) 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,and
(b) 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.
16. Worker's Compensation
The Agency must comply with provisions which require every employer to be insured to protect workers who may
be injured on the job at all times during the performance of the work of this Agreement, as per the workers
compensation laws set forth in California Labor Code §§ 3700 et seq.
FY 2023 Operation Stonegarden Grant-Standard Assurances Page 5 of 9 Initials
17.Property-Related
If applicable to the type of project funded by this federal award,the Agency 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 Agencies 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), Executive Order(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.);and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 C.F.R. Part
35)which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally Funded Construction Projects
For all construction projects,the Agency 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;and
(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.
19.Use of Cellular Device While Driving is Prohibited
Agencies are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit
driving motor vehicle while using an electronic wireless communications device to write,send,or read a text-based
communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and
talking,unless to make an emergency call to 911, law enforcement,or similar services.
20. California Public Records Act and Freedom of Information Act
The Agency 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 that are under federal control, is subject to the
Freedom of Information Act(FOIA),5 U.S.C.§ 552,and the California Public Records Act,California Government
Code section 6250 et seq. The Agency should consider these laws and consult its own State and local laws and
regulations regarding the release of information when reporting sensitive matters in the grant application, needs
assessment,and strategic planning process.
FY 2023 Operation Stonegarden Grant-Standard Assurances Page 6 of 9 Initials '"
HOMELAND SECURITY GRANT PROGRAM(HSGP)—
PROGRAM SPECIFIC ASSURANCES/CERTIFICATIONS
21.Acknowledgement of Federal Funding from DHS
All Agencies 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.
22. Activities Conducted Abroad
All Agencies must ensure that project activities carried on outside the United States are coordinated as necessary
with appropriate government authorities and that appropriate licenses,permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information(PII)
DHS defines personally identifiable information(PII)as any information that permits the identity of an individual
to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All
Agencies who collect PII are required to have a publicly available privacy policy that describes standards on the
usage and maintenance of PII they collect.Agencies may also find the DHS Privacy Impact Assessments:Privacy
Guidance and Privacy template a useful resource respectively.
24. Copyright
All Agencies must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of
U.S. Government sponsorship(including the award number)to any work first produced under federal financial
assistance awards.
25.Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E
may not be charged to other federal financial assistance awards to overcome fund deficiencies,to avoid restrictions
imposed by federal statutes,regulations,or federal financial assistance award terms and conditions,or for other
reasons.However,these prohibitions would not preclude Agencies from shifting costs that are allowable under two
or more awards in accordance with existing federal statutes,regulations, or the federal financial assistance award
terms and conditions.
26. Energy Policy and Conservation Act
All Agencies 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 issued in compliance with this Act.
27. Federal Debt Status
All Agencies are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt
include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-
129.
28. Fly America Act of 1974
All Agencies must comply with Preference for U.S.Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. § 41102)for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49
U.S.C. § 40118)and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
FY 2023 Operation Stonegarden Grant-Standard Assurances Page 7 of 9 Initials
29.Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Agencies must ensure that all
conference, meeting,convention, or training space funded in whole or in part with federal funds complies with the
fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15
U.S.C. § 2225a.
30. Non-supplanting Requirement
All Agencies who receive federal financial assistance awards made under programs that prohibit supplanting by
law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non-federal sources.
31.Patents and Intellectual Property Rights
Unless otherwise provided by law, Agencies are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended,
and codified in 35 U.S.C. § 200 et seq. All Agencies are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All Agencies who receive federal financial assistance awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure and enhance interoperable
communications.
33. Terrorist Financing
All Agencies must comply with Executive Order(EO) 13224 and U.S. law that prohibit transactions with, and the
provisions of resources and support to,individuals and organizations associated with terrorism.Agencies are legally
responsible to ensure compliance with the EO and laws.
34. Reporting of Matters Related to Subrecipient Integrity and Performance
If the total value of the Agency's currently active grants, cooperative agreements, and procurement contracts from
all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this
federal financial assistance award,you must comply with the requirements set forth in the government-wide Award
Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII,
the full text of which is incorporated here by reference in the award terms and conditions.
35.USA Patriot Act of 2001
All Agencies 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.
36.Use of DHS Seal,Logo,and Flags
All Agencies must obtain permission from DHS Financial Assistance Office,prior to using the DHS seal(s), logos,
crests or reproductions of flags or likenesses 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.
461
FY 2023 Operation Stonegarden Grant-Standard Assurances Page 8 of 9 Initials
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 Agency recognizes and agrees that state financial assistance
will be extended based on the representations made in this assurance. This assurance is binding on the Agency, 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 Agency 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 Agency may be ineligible for award of any
future grants if Cal OES determines that any of the following has occurred: (1) the Agency has made false
certification,or(2)violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at
all tiers. All Agencies are bound by the Department of Homeland Security Standard Terms and Conditions 2023,
Version 2,hereby incorporated by reference,which can be found at: https://www.dhs.gov/publication/fy15-dhs-
standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the
above-named Agency.
Name of Agency: tl PD 1 Da0A 2Ti4E1VT
Signature of Authorized Agent:
Printed Name of Authorized Agent: kW JC (� Pi-3 Z€ 1
Title: C /t=�- D r e Date: 4v/3`2f
Email Address: C'pc-rr1a e h b pd• D
FY 2023 Operation Stone garden Grant-Standard Assurances Page 9 of 9 Initialssc�/'
EXHIBIT C
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
CERTIFICATION REGARDING LOBBYING UNDER FY2023 OPSG
(All OPSG Participating Agencies)
a � Boa ' • "
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1 . 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.
2. 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 of Lobbying Activities,' in accordance with its instructions.
3. 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.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31 , U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
FY 2023 Operation Stonegarden Grant-Certification Regarding Lobbying Page 1 1 2
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
CERTIFICATION REGARDING LOBBYING UNDER FY2023 OPSG
(All OPSG Participating Agencies)
The Subrecipient, as identified below, certifies, or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the
Subrecipient understands and agrees that the provisions of 31
U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to
this certification and disclosure, if any.
Name of Agency: ilo i Itfc 1 / aB }CN PD GE Q &Air
Signature of Authorized Agent:
Printed Name of Authorized Agent: >�Qi!' G. ARRA
Title: 6,4/6F oF- PoL/e-e-- Date: Le/3!21
FY 2023 Operation Stonegarden Grant-Certification Regarding Lobbying Page 2 1 2
From: cornetto450earthlink.net
To: suoolementalcomm(asur city-hb.orq
Subject: oppose item24-434
Date: Tuesday,June 18,2024 5:12:05 AM
Hi
I oppose item 24-434,the Stonegate program
The activity will take time for the Police Chief and acting City Manager, and make it even harder
for him to perform the city manager duties.
I don't see any reason for Huntington Beach to be involved with Riverside County.
Operation Stonegate is a waste of city resources.
Charlie Jackson
A 23 year resident of Huntington Beach
SUPPLEMENTAL
COMMUNICATION
6/18/2024
Meeting Dale:
4(24-434)
Agenda Item No.;