HomeMy WebLinkAboutAGMT - County of Riverside Sheriff's Office (Operation Stonegarden FY24) (Pending County Signatures) AGREEMENT FOR
FISCAL YEAR 2024
OPERATION STONEGARDEN (OPSG)
1. PARTIES TO THE AGREEMENT
This Agreement is between the COUNTY OF RIVERSIDE("COUNTY"), COUNTY OF
LOS ANGELES ("LAC"),CITY OF COSTA MESA,CITY OF HAWTHORNE, CITY OF
HUNTINGTON BEACH,CITY OF LA HABRA,CITY OF NEWPORT BEACH, CITY OF
SEAL BEACH(collectively the"CITIES"), and LA IMPACT("[Al"),each a "PARTY"and
collectively the "PARTIES", for support of the Operation Stonegarden("OPSG")program.
L1 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.
1.1.4 For LAI, participating agency is Los Angeles Interagency Metropolitan Police
Apprehension Crime Task Force.
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 Funding Year(FY)2024
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 Minute Order 3.41 on
June 04,2024,approved the application,appropriation,and use of FY 2024 OPSG funds to
reimburse PARTIES for program related overtime and fringe benefits;equipment purchases
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and maintenance costs; fuel; mileage; flight;and management and administration costs
incurred not to exceed the amounts described in Exhibit A—FY 2024 OPSG Budget
Worksheet in paragraph 2.9(a)below,during the period of performance(POP) September 1,
2024 through May 31,2027 but,the operational project period for PARTIES shall be the date
of FEMA's approval, April 10,2025 through February 28,2027.
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$1,000,000 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. 2024-0088
(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 2024 OPSG Budget Worksheet
(b) Exhibit B- FY 2024 OPSG Standard Assurances &Program Standard Assurances
Addendum
(c) Exhibit C- FY 2024 OPSG Operations Order(CONFIDENTIAL, for Official Use
Only/Law Enforcement Sensitive)
(d) Exhibit D-Title 2 of the Code of Federal Regulations Part 200,
(e) Exhibit E- Federal Contract Provisions
(language to be developed and incorporated within a contract)
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(f) Exhibit F- FY 2024 Homeland Security Grant Program (HSGP)Notice of
Funding Opportunity(NOFO)
(g) Exhibit G- FY 2024 Homeland Security Grant Program(HSGP)California
Supplement to the Federal NOFO
(h) Exhibit H-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 2024 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, 2024 through May
31, 2027,but the operational project period for PARTIES shall be the date of FEMA's
approval, April 10, 2025 through February 28,2027.
5.1 Initial Term
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The term of this Agreement shall be retroactive to 12:01 a.m. on April 10,2025 and
shall continue in effect through and terminate at midnight on May 31,2027; subject to the
termination provision in paragraph 5.3.
5.2 Option to Extend
Renewal or extension of the Agreement beyond May 31,2027 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 2024 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(Fls),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 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 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
issue equipment necessary to perform Operations unless otherwise specified in Exhibit
D-FY 2024 OPSG Operations Order.
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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 2024 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 2024 OPSG Budget Worksheet,
and that unallowable costs are not reimbursable as set forth in Exhibit G—FY 2024
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 2024 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:
Riverside County Sheriffs Office
Emily Long/Field Operations Fiscal Unit
4095 Lemon Street
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Riverside,CA 92501
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
specialized endorsement or approvals,including waiver request forms or
Environmental Planning and Historic Preservation(EHP)compliance.
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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 2024 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 2024 HSGP NOFO,
Exhibit H—FY 2024 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.
8.1.1 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
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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.
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
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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.
12. GENERAL PROVISIONS
12.1 Notices
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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
Executive Director Chief of Police
LA IMPACT Newport Beach Police Department
5700 S. Eastern Avenue 870 Santa Barbara Drive
Commerce,CA 90040 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.
12.2 Amendment;Assignment
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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.
12.9 Severability
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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.
12.15 California Law
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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 April 10,2025,unless otherwise specified.
Approved as to form and legality:
RIVERSIDE COUNTY Minh C. Tran
SHERIFF'S OFFICE OFFICE OF THE COUNTY COUNSEL
COUNTY OF RIVERSIDE
Chad Bianco Amrit P. Dhillon
Sheriff-Coroner Deputy County Counsel
COSTA MESA POLICE HAWTHORNE POLICE DEPARTMENT
DEPARTMENT
Ronald Lawrence Gary Tomatani
Chief Chief
HUNTINGTON BEACH POLICE LA HABRA POLICE DEPARTMENT
DEPARTMENT
Eric G. Parra Adam Foster
Chief Chief
LOS ANGELES IMPACT NEWPORT BEACH POLICE
DEPARTMENT
Michael Burke Dave Miner
Executive Director Chief
S L BEACH POLIC LOS ANGELES COUNTY
D ARTMEN SHERIFF'S DEPARTMENT
Michael Henderson Robert G. Luna
Chief Sheriff
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Approved as to form:
DAWYN R. HARRISON
OFFICE OF THE COUNTY COUNSEL
COUNTY OF LOS ANGELES
Michele Jackson
Principal Deputy County Counsel
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