HomeMy WebLinkAbout07 - Acceptance of Department of Homeland Security Operation Stonegarden Grant FundsQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
July 25, 2023
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Chief of Police - 949-644-3701,
jartwright@nbpd.org
PREPARED BY: David Miner, Deputy Chief - dminer@nbpd.org,
PHONE: 949-644-3750
TITLE: Acceptance of Department of Homeland Security Operation
Stonegarden Grant Funds
The Police Department requests City Council approval to accept funding from the
Operation Stonegarden Grant Program (OPSG) provided by the Department of Homeland
Security (DHS), passed through the California Governor's Office of Emergency Services
(CaIOES) and distributed by the County of Riverside. The funding, in the amount of
$62,000, was approved in the Federal Fiscal Year 2022 (FY22) budget. The funding must
be used by February 28, 2025. The City will use the funds for overtime costs associated
with participation in joint agency operations and surveillance equipment.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Accept the Department of Homeland Security Operation Stonegarden Grant in the
amount of $62,000-1 and
c) Approve Budget Amendment No. 24-010 to increase expenditure appropriations by
$52,000.00 in the Detective Division Overtime account, 01035355-713002-G2420;
and $10,000.00 in the Detective Division Special Department Expense account,
01035355-841046-G2420.
DISCUSSION:
Background
OPSG supports enhanced cooperation and coordination among Customs and Border
Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal and
territorial law enforcement agencies. OPSG provides funding to support joint efforts to
secure the United States' borders along routes of ingress from international borders, to
include travel corridors in states bordering Mexico and Canada, as well as states and
territories with international water borders.
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Acceptance of Department of Homeland Security Operation Stonegarden Grant Funds
July 25, 2023
Page 2
The main objective is to raise the level of U.S. border and California coastline security to
reduce the threat of border -related crime by promoting collaboration amongst law
enforcement agencies and increasing law enforcement presence.
As indicated in the OPSG Memorandum of Agreement, the California coastline is a
border -crime target for maritime drug and human smuggling that often results in other
criminal activities such as kidnappings, assaults, murders, money laundering,
cross -border weapons trafficking, etc. and can involve a wider range of crimes.
Operation Stonegarden provides funding to state, local and tribal law enforcement
agencies to enhance their capabilities to support joint efforts to secure the United States'
borders. In its FY22 budget, the Department of Homeland security allocated $2,500,000
in funding to the Operation Stonegarden program. The allocation was provided to the
Riverside County Sheriff's Department (RCSD) to act as the grant administrator. The
RCSD was responsible for overseeing an application process and selecting law
enforcement agencies within the region to receive a grant award.
Participating agencies receiving the grant award are the Riverside County Sheriff's
Department, the Huntington Beach Police Department, the Laguna Beach Police
Department, the Seal Beach Police Department, the Los Angeles County Sheriff's
Department, and the Newport Beach Police Department (NBPD).
The amount granted to the City of Newport Beach for use by the Police Department is
$62,000 and it must be used by February 28, 2025. City Council approval is required for
acceptance of the grant per Council Policy F-25 and to appropriate funds to the
expenditure budget per Council Policy F-3. Future uses for the grant funds include
purchasing surveillance equipment and funding operational costs for NBPD personnel's
participation in joint agency operations.
a I,*a_ym I ►yi I :7_To 9
The Budget Amendment records and appropriates $62,000 in additional revenue from the
Operation Stonegarden Grant and $62,000 in increased expenditure appropriations. The
revenue will be posted to the Detectives — Federal Grants account in the Police
Department, 01035355-431453. Of the $62,000 revenue, $52,000 will be posted to the
Detective Division Overtime account, 01035355-713002-G2420; and $10,000 in the
Detective Division Special Department Expense account, 01035355-841046-G2420.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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Acceptance of Department of Homeland Security Operation Stonegarden Grant Funds
July 25, 2023
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Budget Amendment No. 24-010
Attachment B — OPSG Memorandum of Agreement for Fiscal Year 2022
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ATTACHMENT A
City of Newport Beach
BUDGET AMENDMENT
".LIFOR"`P 2023-24 BA#: 24-010
Department: Police
ONE TIME: ❑� Yes [-]No
Requestor: Jonathan Stafford
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Date
❑ COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
Accept Department of Homeland Security Operation Stonegarden Grant Funds - Grant supports enhanced cooperation ❑ from existing budget appropriations
and coordination among Customs and Border Protection, United States Border Patrol, and local law enforcement. from additional estimated revenues
❑ from unappropriated fund balance
REVENUES
Fund #
Org
Object
Project
Description
Increase or (Decrease) 5
010
01035355
431453
G2420
DETECTIVES - FEDERAL GRANTS
62,000.00
Subtotall $ 62,000.00
EXPENDITURES
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
010
01035355
713002
G2420
DETECTIVES - OVERTIME SAFETY & 1/2 TIME
52,000.00
010
01035355
841046
G2420
DETECTIVES - SPECIAL DEPT EXPENSE NOC
10,000.00
Subtotal $ 62,000.00
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
010
300000
GENERAL FUND - FUND BALANCE CONTROL
Subtotal $
No Change In Fund Balance
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ATTACHMENT B
AGREEMENT FOR
FISCAL YEAR 2022
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 HUNTINGTON BEACH, 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 Department ("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) 2022
Operation Stonegarden (OPSG) grant program. As an applicant for the San Diego Border
Patrol Sector, SHERIFF shall be the lead agency to manage the OPSG program.
2.2 WHEREAS, funds shall be used to support the OPSG program to enhance law
enforcement preparedness and operational readiness along the land and water borders of the
United States.
2.3 WHEREAS, Government Code §55632 authorizes COUNTY and PARTIES to contract
for provision of joint law enforcement services.
2.4 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning
the nature and extent of OPSG collaboration, services rendered, and compensation.
2.5 WHEREAS, COUNTY, by action of the Board of Supervisors Agenda Item 3.32 on
January 11, 2022, approved the application, appropriation, and use of FY 2022 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 2022 OPSG Budget
Worksheet in paragraph 2.9 (a) below, during the period of performance (POP) September 1,
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2022 through May 31, 2025 but, the operational project period for PARTIES shall be the date
of FEMA's approval, May 15, 2023 through February 28, 2025.
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: 2022-0043
(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 2022 OPSG Budget Worksheet
(b) Exhibit B - FY 2022 OPSG Standard Assurances
(c) Exhibit C - FY 2022 OPSG Byrd Anti -Lobbying Certification Form
(d) Exhibit D - FY 2022 OPSG Operations Order
(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 2022 Homeland Security Grant Program HSGP Notice of
Funding Opportunity (NOFO)
(h) Exhibit H - FY 2022 Homeland Security Grant Program (HSGP) California
Supplement to the Federal NOFO
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(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 2022 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 5. 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, 2022 through May
31, 2025, but the operational project period for PARTIES shall be the date of FEMA's
approval, May 15, 2023 through February 28, 2025.
5.1 Initial Term
The term of this Agreement shall be retroactive to 12:01 a.m. on May 15, 2023 and
shall continue in effect through and terminate at midnight on May 31, 2025; subject to the
termination provision in paragraph 5.3.
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5.2 Option to Extend
Renewal or extension of the Agreement beyond May 31, 2025 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.
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
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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 2022 OPSG Operations Order.
6.3.1 PARTIES shall provide enhanced enforcement by increasing patrol presence in
proximity to the border and/or routes of ingress from the border, including the water
borders. In addition, PARTIES shall utilize their unique investigatory areas of expertise
in operations.
6.3.2 Increase intelligence/information sharing among PARTIES, including but not
limited to:
(a) Conducting bi-monthly meetings with a minimum of one representative from each
PARTY.
(b) Increasing information sharing during operations.
6.3.3 Prior to Operations, PARTIES' Designated Operations Coordinator, in
paragraph 6.4.3, shall submit an operational plan and schedule to the Integrated
Planning Team (IPT) at least 72 hours prior to the operation.
6.3.3.1 The IPT is comprised of SHERIFF and CBP sworn personnel.
6.3.3.2 The role of the IPT is to provide support and guidance to the local,
state, and federal law enforcement stakeholders within the grant.
6.3.4 Within 48 hours following the conclusion of each Operation:
6.3.4.1 Each PARTY shall complete a Daily Activity Report (DAR) form in
Excel format, which will be submitted as supporting documentation for any
reimbursement request. Information entered in the Narrative section of the DAR
form shall include statistical data and report from Field Interviews (FIs), Arrest
Reports, and/or Citations.
6.3.4.2 PARTIES' Designated Operations Coordinator in paragraph 6.4.3, or
designee, shall enter and submit the same DAR information directly into DHS's
Homeland Security Information Network (HSIN).
6.3.4.3 PARTIES' Designated Operations Coordinator or designee shall
ensure DAR information entered in HSIN is correct and shall make necessary
corrections until it is processed for approval.
6.4 Personnel Oualifications and Assignment
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.
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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 Staffiniz 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 2022 OPSG Operations Order.
6.4.5.1 PARTIES are responsible for the procurement of their own equipment
to be used in Operations.
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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 2022 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 2022 OPSG Budget Worksheet,
and that unallowable costs are not reimbursable as set forth in Exhibit G — FY 2022
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 Proiect 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 2022 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 Department
Irina Sandoval / OPSG Grants Unit
1500 Castellano Rd
Riverside, CA 92509
VA
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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.
7.3.5 Noncompetitive procurements of equipment exceeding the $250,000 simplified
acquisition threshold established by Federal Acquisition Regulation (FAR) 48 CFR
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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 2022 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 2022 HSGP NOFO,
Exhibit H — FY 2022 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
Provisions for Non -Federal Entity Contracts under Federal Awards. Reimbursement
claims associated with contracts that are found to be in noncompliance will be denied.
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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
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
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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
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
7-15
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 Department
4095 Lemon Street
Riverside, CA 92501
To Non -County PARTIES:
Chief of Police
Huntington Beach Police Department
2000 Main Street
Huntington Beach, CA 92648
Chief of Police
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
Sheriff
Los Angeles County Sheriffs Department
Special Enforcement Bureau
1060 North Eastern Avenue
Los Angeles, CA 90063
Chief of Police
Laguna Beach Police Department
505 Forest Ave
Laguna Beach, CA 92651
Chief of Police
Seal Beach Police Department
911 Seal Beach Blvd
Seal Beach, CA 90740
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
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
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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
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
13
7-17
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
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.
14
7-18
IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this
Agreement, such Agreement being effective May 15, 2023, unless otherwise specified.
RIVERSIDE COUNTY
SHERIFF'S DEPARTMENT
Chad Bianco
Sheriff -Coroner
HUNTINGTON BEACH POLICE
DEPARTMENT
Eric G. Parra
Chief
NEWPORT BEACH POLICE
DEPARTMENT
Joe Cartwright
Chief
LOS ANGELES COUNTY
SHERIFF'S DEPARTMENT
Robert G.Luna
Sheriff
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: .c/, /L3
By:19jjA6'.o
PuVn C. Harp, City Attomey c, •zq•Z3 WC,
Approved as to form and legality:
Minh C. Tran
OFFICE OF COUNTY COUNSEL
COUNTY OF RIVERSIDE
Amrit P. Dhillon
Deputy County Counsel
LAGUNA BEACH POLICE
DEPARTMENT
Jeff Calvert
Chief
SEAL BEACH POLICE
DEPARTMENT
Michael Henderson
Chief
Approved as to form:
DAWYN R. HARRISON
OFFICE OF THE COUNTY COUNSEL
COUNTY OF LOS ANGELES
Michele Jackson
Principal Deputy County Counsel
15
7-19
EXHIBIT A
FY 2022 OPERATION STONEGARDEN
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT - SUB -RECIPIENT
SUMMARY
AGENCY NAME
Budget Narrative Category
TOTAL
A
B
C
D
E
F
G
H
I
Operational OT
Fringe Benefits
VehialeNessel
Maint
Equip Maint
NawfReplace Equip
Fuel Casts
Mileage
Fli ght Costs
M8A
Riverside County Sheriffs Department
$ 158,158
S 9,774
$
5
$ 678,218
$
S 23.780
$ -
S 125,000
$ 994,930
Huntington Beach Police Department
S 191,526
S 2,777
S
$
S 69.000
S
S -
S 105,697
S -
$ 369,000
Laguna Beach Police Department
S 54.860
S 790
S
$
S 68,500
S
S 4,350
S -
S
$ 128,500
Los Angeles County Sheriff's Department
S 761,532
$ -
$ 38,468
$
$ -
$
$
S -
$
$ 800,000
Newport Beach Police Department
$ 52,000
$ -
$ -
$
$ 10,000
$
$
$
S
$ 62,000
Seal Beach Police Department
$ 41,407
$ 593
S -
$
$ 103,570
$
5
S
S
$ 145,570
ire $ 2,500,000
7-20
EXHIBIT B
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
FY 2022 Standard Assurances
(All OPSG Participating Agencies)
Name of Agency:
Address:
City:
State: Zip Code:
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 2022 Operation Stonegarden Grant - Standard Assurances Page 1 of 9 Initials
7-21
(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 certi fies 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 oragency;
(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 2022 Operation Stonegarden Grant - Standard Assurances Page 2 of9 Initials
7-22
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;
(1) 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,
FY 2022 Operation Stonegarden Grant - Standard Assurances Page 3 of 9 Initials
7-23
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);
0) 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 et seq.);
(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 et seq.);
(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 2022 Operation Stonegardcn Grant - Standard Assurances Page 4 oP9 Initials
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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 Pam - 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 2022 Operation Stonegarden Grant - Standard Assurances Page 5 of 9 Initials
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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 2022 Operation Stonegarden Grant - Standard Assurances Page 6 ol'9 Initials
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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 13-138942.
FY 2022 Operation Stonegarden Grant - Standard Assurances Page 7 of 9 Initials
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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.
FY 2022 Operation Stonegarden Grant - Standard Assurances Page 8 of Initials
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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 2022
Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fyl5-dhs-
standard-tern s -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:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Email Address:
FY 2022 Operation Stonegarden Grant - Standard Assurances Page 9 of 9 Initials
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EXHIBIT C
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
CERTIFICATION REGARDING LOBBYING UNDER FY2022 OPSG
(All OPSG Participating Agencies)
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 2022 Operaiion Stonegarden Grant - Certification Regarding Lobbying P a g e I [ 2
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Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
CERTIFICATION REGARDING LOBBYING UNDER FY2022 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:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
FY 2022 Operation Stonegarden Grant - Certification Regarding Lobbying P a g e 2 1 2
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EXHIBIT D
APPENDIX A
U.S. Department of Homeland Security
U.S. Customs and Border Protection
Operations Order Report
Op Order Name: SDC OPERATION STONEGARDEN (OPSG) FY2022
Op Order Number: 22-SDCSDC-09-001 VO
Op Dates: From: 09/01/2022 To: 08/31/2025 (POP)
Report Date: 09/29/2022
(U) Warning: The information contained herein remains under the control of the Department of Homeland Security (DHS),
through U.S. Customs and Border Protection (CBP). Dissemination is for authorized law enforcement purposes only.
(U) This document contains information that is UNCLASS] FIED//FOR OFFICIAL USE ONLY (U//FOUO). It
contains information that may be exempt from public release under the Freedom of Information Act (5 U.S.C. § 552).
It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating
to FOUO information and is not to be released to the public, the media, or other personnel who do not have a valid
need -to -know without prior approval of an authorized CBP official,
(U) Privacy Act 5 U.S.C. § 552a(b) "No agency shall disclose any record which is contained in a system of records by
any means of communication to any person, or to another agency, except pursuant to a written request by, or with the
prior written consent of, the individual to whom the record pertains [subject to 12 exceptions]." OOs and OPSG
Operational documents contain shared intelligence, information, targeted enforcement information, Personally
Identifiable Information (PII) of USBP and partner State, Local, and Tribal law enforcement entities. PH should not
be released as it places public safety officials in danger from illicit actors and shared intelligence and information
should not be disclosed without notice and permission from the contributing law enforcement agencies."
EXECUTIVE SUMMARY
Law enforcement partnerships between federal, state, and local entities are critical to improving
operational control of the border. Grant funding in the amount of $2,500,000 via Operation
Stonegarden (OPSG) will be utilized by a total of 6 partner law enforcement agencies from local
units of government within the San Diego Sector Area of Responsibility, including Sheriffs
Departments from Riverside and Los Angeles Counties, as well as California State Agencies to
target border -related crime in the U.S./Mexico Border area and the California coastline. The
Riverside County Sheriff's Department (RCSD) will be the OPSG Grant Administrator. The
point -of contact (POC) will be Lieutenant Kevin Lamb. The USBP San Diego Sector Chief
Patrol Agent will have operational oversight. The POC will be Special Operations Supervisor
Anna Sofchek.
The USBP San Diego Sector Chief Patrol Agent, in coordination/collaboration with OPSG
stakeholders, will determine which areas will be the focus of operations. Security threats and
operational hours/activities will be determined jointly between the San Diego Sector unified
command staff and the OPSG Integrated Planning Team (IPT). Maritime -specific operations will
be coordinated jointly with the San Diego Regional Coordinating Mechanism (ReCOM), Los
Angeles/Long Beach ReCoM, Central California Maritime Agency Coordination Group (CenCal
MAC), and the San Francisco ReCoM.
Utilizing an all -threats approach in collaboration with U.S. Customs and Border Protection
(CBP) / U.S. Border Patrol (USBP), state and local law enforcement agencies will exercise their
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unique jurisdictional capabilities in order to collaboratively address border security issues.
Historically, the San Diego Sector AOR has been a highly favored operational area for crime and
drug smuggling organizations. The close proximity of Tijuana, Mexico to San Diego, California,
population density, significant coastline, and extensive transportation networks leading to the
interior immediately north of the border make San Diego a consistently lucrative target. Now, as
the maritime smuggling threat increases, these organizations are looking for smuggling
opportunities beyond San Diego County as demonstrated by Pangas being discovered more than
400 miles north in San Mateo County. Border -related crime represents an all -threat environment
in that the primary criminal activity (drug/human smuggling) often results in cross -border
criminal organizations and individuals undertaking secondary and frequently, tertiary criminal
activities that involve a wider range of crimes (kidnappings, assaults, murders, money
laundering, cross -border weapons trafficking, etc.). These criminal activities, when undertaken in
the U.S., constitute a threat to domestic security, subsequently triggering involvement by state
and local law enforcement.
I. SITUATION
A. General Situation:
San Diego County includes approximately 86 miles of international land border
and the responsibility of the San Diego Sector (SDC) includes the 931 miles of
coastal border of the State of California, including beaches and bays. SDC has an
effective level of security that is commensurate with known and identified risks
associated with criminal organizations. The incidence of border violence
associated with competing drug cartels in the Tijuana/Tecate areas has continued
and still has great potential to spread into the United States. Frequent assaults
against Border Patrol Agents are a common diversionary tactic utilized by
smuggling organizations to further their criminal activity. During a particularly
volatile situation on July 23, 2009, Border Patrol Agent Robert Rosas was
murdered in close proximity to the border fence while responding to an incursion
in the Campo Station AOR. As security of the border is established and/or
expanded within key target zones, criminal organizations resort to increasingly
elaborate smuggling methods such as sophisticated cross -border tunnels,
watercraft in the maritime environment, and ultra -light aircraft. U.S. Border Patrol
(USBP) San Diego Sector Operation Division will address specific threats posed
by such organizations and aggressively integrate OPSG assets to reduce violent
crime along the border, increase border security, and improve the quality of life
within affected communities throughout the San Diego Sector operational AOR.
As the maritime threat continues to increase in San Diego Sector's AOR, it has
been necessary to provide additional funding and support along the coast to
address emerging maritime Panga smuggling events approximately 489 miles
north in Monterey, Santa Cruz, and San Mateo counties.
Since its inception, the intent of OPSG has been to enhance law enforcement
preparedness and operational readiness along the nation's borders. The
Department of Homeland Security Appropriations Act 2010 (PL 111-83), via the
Homeland Security Grant Program, allocated $90 million in FY 2022 OPSG grant
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funds for use by local units of government to increase coordination and
enforcement capabilities in support of Department of Homeland Security (DHS)
goals including those outlined in the Border Patrol National Strategy. For this
grant year, the San Diego Sector has been awarded $2,500,000 in FY 2022 OPSG
Homeland Security Grant funds.
B. Terrain/Weather:
Terrain features within the San Diego Sector include beaches, estuaries, coastal
plains, steep canyons and ravines, high desert, and mountains over six thousand
feet in elevation. There are numerous environmentally sensitive and protected
areas. Dense, low lying brush and scrub trees cover much of the rural terrain
throughout.
Riverside County, the fourth largest in the state of California, is home to twenty
high -transit interstates and state routes commonly used for illegal trafficking
operations.
Orange County and Los Angeles County represents a rugged coastline along with
varying weather. Los Angeles County also includes the Islands of Catalina and
San Clemente. These islands are remote and desolate and represent an area of
great concern for the San Diego Sector.
Weather conditions vary greatly throughout the San Diego Sector. The western
corridor generally maintains year-round mild temperatures that average 50 to 80
degrees. The central and eastern corridors can experience extremes in
temperatures ranging from subfreezing to well over 100 degrees. Eastern portions
of the County can experience occasional snowfall and high winds. In addition, the
western portion of the San Diego Sector experiences frequent coastal eddies (a
combination of low clouds and fog), which extend several miles inland.
Wildfires are a very real and persistent threat throughout the San Diego Sector.
The fire season extends from May through November. Historically, wildfires have
resulted in the devastating loss of life and property.
The combination of climatic extremes, rugged terrain, dense urban corridors, and
protected environmental areas presents a complex challenge to conducting daily
operations. As such, enforcement entities operating within the counties utilize
considerable ingenuity and flexibility in order to achieve their missions.
C. Criminal Element:
Drug smuggling organizations continue to pose significant threats throughout the
area. These organizations have become increasingly sophisticated and use counter
surveillance, diversionary tactics, night vision devices, and secure
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communications while conducting operations. Human trafficking, trans -border
kidnappings, extortion, murder, and intimidation are common results of cartel
competition for lucrative territory. Criminal debriefings, examination of pocket
trash, and officer observations indicate substantial intelligence gathering efforts
against law enforcement operations by area criminal organizations.
Smugglers frequently utilize dangerous tactics in order to further their cargo into
the United States. Among these are failures to yield when vehicle or checkpoint
stops are initiated, abandonment of the smuggling vehicle by the driver while it is
still in motion, wrong -way driving on freeways north through the Mexican Port of
Entry into the southbound lanes of Interstate 5, and the overloading of boats with
human cargo. The abandonment of individuals or entire groups by their guides in
remote, inhospitable environments is not uncommon and has resulted in a
significant number of deaths. Smuggling organizations using these, and other
tactics, have been historically responsible for several assaults on Border Patrol
Agents and local law enforcement officers.
D. Friendly Forces:
Riverside County Sheriffs Department
Huntington Beach Police Department
Seal Beach Police Department
Los Angeles County Sheriffs Department
Laguna Beach Police Department
Newport Beach Police Department
II. MISSION
Department of Homeland Security, CBP/Border Patrol, state, and local law enforcement
agencies operating in Riverside, Orange, and Los Angeles Counties will collaborate to
raise border security by:
• Disrupting and degrading targeted transnational criminal organizations (TCO's)
• Enhancing land/coastal border detection and interdiction capabilities
• Expanding formal communication, intelligence protocols, and nontraditional
intelligence/fusion opportunities
III. EXECUTION
A. Management/Supervisor Intent:
Participating OPSG law enforcement agencies will enforce local/state laws within
their jurisdiction and will not enforce immigration laws (Title 8 USC) on behalf
of CBP/Border Patrol. Each participating agency will conduct enforcement
activities that have a nexus and contribute to border security as described in the
"Specific Responsibilities" section of this plan.
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B. General Concept:
OPSG operational activities will emphasize those measures that increase border
security in direct collaboration with CBPBorder Patrol. Participating agencies
will utilize their unique areas of expertise and jurisdictional authority to patrol
targeted areas within the county and participate in special operations targeting
border nexus crime. Border security threat and operational hours/activities will be
determined jointly between the San Diego Sector unified command staff and the
OPSG Integrated Planning Team (IPT). Maritime -specific operations will be
coordinated jointly with the San Diego Regional Coordinating Mechanism
(ReCoM), Los Angeles/Long Beach ReCoM, CenCal MAC, and the San
Francisco ReCoM. This operational concept does not result in a change or
extension of Federal authority to state or local law enforcement agencies to
enforce Federal immigration laws (Title 8 USC). It is anticipated however, that
increased enforcement activities under OPSG will reduce the threat of border
incursions and also significantly impact the ability of criminal organizations to
operate from the U.S. Mexico border in San Diego north along the coast to San
Mateo County. Participating agencies will utilize OPSG funding for overtime,
fuel, mileage, vehicle/vessel maintenance, air support, and equipment in order to
support enforcement operations as identified in the quarterly OPSG Operational
Plan(s). If Federal immigration violations are encountered, state and local
agencies will follow current local and state laws, policies and practices. This plan
is subject to approval by the Chief Patrol Agent (CPA) of San Diego Sector
(SDC) and the Office of Border Patrol (OBP) prior to release of OPSG funds.
C. Specific Responsibilities:
The main objective is to raise the level of U.S. border and California coastline
security to reduce the threat of border -related crime by increasing law
enforcement presence and special operations in rural and coastal areas,
communities, and routes of land and marine egress throughout the San Diego
Sector AOR, including Riverside, Orange, and Los Angeles Counties.
The participating agencies below will not enforce Title 8 (US Immigration law).
They will each enforce state law and local ordinances against violators in target
areas to help reduce criminal activity associated with transnational criminal
organizations. Participating agencies will utilize OPSG funding for operational
overtime, fuel, mileage, vehicle/vessel maintenance, air support, and equipment in
order to support operations.
Participating agencies may conduct intelligence -driven operations and perform
coordinated cyclical intelligence based criminal interdiction operations as
necessary in collaboration with the OPSG IPT. Operations described as follows
may be modified in order to facilitate additional enforcement efforts within
allocated funds.
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All OPSG air operations will de -conflict with CBP and notify the San Diego
ReCoM, Los Angeles/Long Beach ReCoM, CenCal MAC, or the San Francisco
ReCoM prior to flight.
Riverside County Sheriffs Department, USBP San Diego Sector and Station
Special Operations Groups and Intelligence Units in conjunction with OPSG
Partners and Task Forces will conduct intelligence -based operations within the
San Diego Sector during the time period outlined during the Border Patrol weekly
Unified Command meetings, along with the RECOM and OPSG IPT.
Sector -wide, high visibility special operations will be performed quarterly with a
focus on intelligence based criminal interdiction. The multi -agency, cross
jurisdictional special operations will include all the participating agencies below
and be coordinated by the Riverside County Sheriffs Department and USBP San
Diego Sector.
OPSG funds will be used for reasonable operational overtime costs associated
with law enforcement activities in support of enhanced border security. Overtime
pay is specifically for increased patrol time for certified public safety officers,
including, but not limited to, rangers detectives and investigators who will work
in a patrol capacity on assigned OPSG shifts, along with other law enforcement
support personnel such as communication officers/dispatchers and patrol pilots.
Participating agencies may not utilize OPSG funds to pay for a personnel's
overtime hours or cost that exceeds 16 hours worked in any 24-hour period.
D. Coordinating Instructions:
The San Diego Sector Chief Patrol Agent will have operational oversight and in
coordination/collaboration with OPSG stakeholders, will determine which areas
will be the focus of operations. San Diego Sector and local participating agencies
will be executing a yearly OPSG operational plan for submission to OBP. San
Diego Sector stations will be responsible for OPSG-related enforcement activities
and intelligence sharing within their respective AORs. An Incident Command
System (ICS) may be utilized to facilitate Sector -wide coordination and
monitoring of OPSG activities as warranted during special operations. Sector
stations and local/state representatives will ensure daily OPSG activities within
their respective AOR are monitored and reported accordingly. Stations will be
responsible for reporting OPSG-related intelligence to the Sector Intelligence Unit
(SIU) as appropriate. For maritime operations, the RECOM will be responsible
for the aforementioned requirements.
Each of the 6 participating OPSG agencies will have a designated management
representative as noted in the Specific Responsibilities section of this operational
plan.
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Activity Reporting:
The Daily Activity Report must be submitted to the USBP San Diego
Sector, or the participating agency's OPSG coordinator, within 48-hours of the
conclusion of each OPSG shift. Both sub -recipients and San Diego Sector are
responsible to ensure that DARs are submitted in the proper format and in a
timely manner. DARs will be submitted using the CBP Operation Stonegarden
Data Management System in www.HSIN.gov. Friendly Forces receiving funding
through a subrecipient will also need to complete DARs online within 48 hours
and submit hard copies of DARs to subrecipient along with the claims.
The San Diego Sector OPSG Group will be responsible for compiling daily
activity reports and SDSD Financial will be responsible for tracking OPSG
expenditures. Bi-Weekly Activity and After -Action Reports will be completed by
the Sector OPSG Group and submitted via email to OBP.
Information Sharing:
Information from source documents (e.g. arrest reports, citations, field
interviews, etc.) will be entered into www.HSIN.gov. Items of interest will be
developed by Intelligence Units and forwarded to appropriate agency/task force
for action.
Intelligence Products:
Intelligence products including mapping, trend analysis, community
impact, and target files will be developed via a collaborative effort between the
Intelligence Units and appropriate agency/task force.
Performance Metrics:
OPSG impact on border security and public safety will be gauged by
several mechanisms:
• Statistically tracked events such as traffic stops, citations,
misdemeanor/felony arrests, and contraband seizures in OPSG target
areas.
• SID evaluation of OPSG effect on targeted criminal organizations and
their activities.
• Third party indicators ascertained via crime statistical analysis and
community impact data developed by Fusion Centers within the San
Diego Sector.
Regional Scheduling:
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Each partner agency will send their weekly/bi-weekly/monthly OPSG
schedule (whichever applies), utilizing the appropriate format, to the San Diego
Sector (SDC) OPSG Points of Contact.
Points of Contact:
1. Riverside County Sheriffs Department (RCSD)
OPSG Rep: Captain Adriaan Roggeveen (760) 578-1621
Conduct intelligence -based operations targeting transnational criminal
organizational activities along I-15 near lower Highway 74 bordering San
Diego county, I-10 and Highway 86, which are critical points of
intersection for both Arizona border and southern border of Imperial
county.
Conduct high -visibility patrols design to saturate the freeway system and
routes of ingress and egress from border counties, using law enforcement
presence to deter smuggling activities.
2. Huntington Beach Police Department (HBPD)
OPSG Rep: Lieutenant Thoby Archer (714) 536-5694
Coordinate intelligence -based operations within the Huntington Beach
AOR and adjacent coastal areas of Newport Beach.
Conduct high -visibility interdiction operations along I-405 to help deter
transnational criminal organizational activities.
Conduct harbor and coastal patrols, as well as aerial support, in response
to maritime enforcement related to smuggling activities
3. Los Angeles County Sheriff's Department (LASD)
OPSG Rep: Commander Jack Ewell (323) 881-7823
• Conduct air, land and sea patrols in the vicinity of San Clemente Island,
Catalina Island and adjacent coastal areas within Los Angeles County
• Conduct operations and patrols as determined by the Los Angeles/Long
Beach RECOM, using intelligence and analysis provided by the MAC
Intelligence Community (MAC IC)
• Coordinate efforts through the Los Angeles/Long Beach RECOM and the
Maritime Coordination Center (MCC) and provide coastal observation per
MAC IC collection requirements for maritime enforcement assets
patrolling the immediate coastline
• Perform coordinated cyclical intelligence based criminal interdiction
operations
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Utilize LASD dispatchers and/or Lieutenant grade field operations to
support high visibility enforcement actions when multiple stakeholders
and/or multiple LASD units are engaged and/or while working under the
ICS system
Report and de -conflict all OPSG operations through the MCC in Long
Beach prior to deployment
4. Seal Beach Police Department (SBPD)
OPSG Rep: Lieutenant Julia Clasby (562) 799-4100
• Conduct intelligence based law enforcement patrols and special operations
along the coastline, coastal access points, and flood control access points
in the jurisdiction of Seal Beach, in an effort to reduce smuggling and
marine interdiction related crimes
5. Laguna Beach Police Department (LBPD)
OPSG Rep: Sergeant Jesse Schmidt (949) 497-0359
Will provide increased law enforcement patrols, drone surveillance, and
special operations throughout the City of Laguna Beach in Orange County
in an effort to reduce narcotic smuggling, human trafficking, and border
related crimes.
6. Newport Beach Police Department (NBPD)
OPSG Rep: Sergeant Mark Short (949) 644-3610
The NBPD will conduct bi-weekly overt and covert operations as
described in our above schedule along with any additional requests from
OPSG coordinators. These operations will entail surveillance, intelligence
gathering, and directed enforcement of criminal related activity along our
coastline and harbor. These operations will show high levels of law
enforcement presence and serve as a criminal deterrent, help to maintain
secure borders, reduce human trafficking, and can lead to drug and vehicle
seizures, as well as arrests.
E. Public/Open Records Requests:
In order to accomplish the Operation Stonegarden mission, law enforcement
sensitive information is shared between Federal, State, and local law enforcement
agencies. This information includes intelligence sharing, CONOPS/Applications,
Operations Orders, Fragmentary Orders, Daily Activity Reports, After Action
Reports, and more. OPSG records and documents may contain law enforcement
9
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sensitive information. Participating agencies agree to protect OPSG documents in
accordance with applicable Federal, State, and local laws. Agencies should, while
complying with State and local laws and policies, also notify their local USBP
Sector staff when the agency receives a public records request for OPSG
documents that were created by USBP.
IV. ADMINISTRATION/LOGISTICS
A. Cost Estimates/Funding Issues:
Reimbursement for OPSG participants will be contingent upon approval of this
operational plan, developed jointly between OPSG representatives and
CBP/Border Patrol. No operations will commence and/or funds drawn prior to
plan approval by OBP. The Riverside County Sheriffs Department will be the
OPSG Grant Administrator.
Funding for each participant will be approved on a case -by -case basis specific to
the operational plan. Enforcement efforts and priorities may be shifted
accordingly.
The State Administrative Agency (SAA) must report Stonegarden
obligations/expenditures via the Categorical Assistance Progress
(CAPR)/Biannual Strategy Implementation Reports (BSIR) semi-annually and the
Financial Status Report (SF-269a) by calendar quarter.
Local and state law enforcement agencies shall not utilize OPSG funding to
supplant their inherent routine patrol and law enforcement operations in order to
perfonm activities not directly related to increasing border security. Fringe
Benefits for friendly forces:
The agencies listed below are not requesting any additional fringe benefits. All
benefits costs associated with OPSG shifts will be covered in overtime costs.
• Los Angeles County Sheriffs Department
• Newport Beach Police Department
U1
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FY 2022 OPERATION STONEGARDEN
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT- SUB -RECIPIENT
BUDGETTABLE
RCSD $158,158
Law Enforcement Operational overtime H B P D $191,526
* Over 50% in OT funding needs a Personal L8 P D $54, 860LASD $761 532 $1,259,483
' Cap Waiver request letter
NBPD $52,000
SBPD $41,407
RCSD
$9,774
HBBPPD
$S�o
Fringe Benefits for Law Enforcement
513,93 '
SBPC.:
I $593
imim
Overtime and Fringe Total
$1,273,417
RCSD: Itern5 1- 7
$397,922
LBPD: Items 8-10
$23,500
General Equipment
W8 572
NBPD: Item 11
$10,000
SBPD: Items 12
$57,150
Special Equipment
N/A
RCSD: Items 1
$280,296
HBPD: Items 2
$69,000
Vehicles, Watercraft, other type of vehicles
* Needs Justification Letter
$440,716
LBPD: Items 3
$45,000
SBPD: Items 4
$46,420
Regional Capability Building Equipment
Needs Justification Letter
N/A
�
All EquipmentTotaf
$929,288
7-42
Maintenance Cost
HBPD
$105,697
$144,165
LASD
$38,468
Vehicle/Vessel
Mileage Cost
RCSD
$23,780
$28,130
LBPD
$-1,150
For Deployed LE
and/or Federally
Sponsored
Travel, Lodging, and Per diem
(DHS/FEMA) border
N/A
so
security task force
meetings (IPTs)
State can take up to
State M&A
2.5%of total allocation
So
So
Subtract state M&A
County M&A
From allocation and
RCSD
S125,000
$125,000
total county M&A
Total M&A
$12s,000
if using Indirect
Costs a letter must
Sub recipient's Indirect
Indirect costs be attached
$0
<C
explainingFEMA's
cost total
agreed percentage
Individual total of
unallocated funds for
Unallocated Funds
each Sub -recipient and
Friendly Force
Total Funding Cost ti1,SgU, 7i)U
Agency Name
Numbers of Officers
Estimated Hours
Estimated Overtime
Total
Fringe
Estimated Fringe
Estimated Fringe Rate Total
RCSD
25
1492
$158,158
6.Is%
jy,774
HBPD
30
1336
$191,526
1,45%
$2,777
LBPD
15
604
$54,860
1.4508
S790
LASD
30
6497
$761,532
0.00%
$0
NBPD
15
49C
$52,000
0.00%
$o
SBPD
12
419
$41,407
1.45%
S593
Total
$1,259,483
Total
$13,934
12
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Age ncy Narre
Item Number
AR if
Equipment Name
Quantity
Price
Total
Videoscope: Enhance the taLhcal inspection capability during OP56
RcSU
!
030E-02-FlBR
traffic stops.
s
59.0.50
545,250
Density Scanners: Enhance the tactical inspection capability during
RCSD
2
075E- of -DENS
OPSG traf he stops-
5
56.464
$32,320
TruNarc Narcotic Analy2ers: To enhance safety by conducting tests
,RCSD
9
07CD-01•MONO
without manipulating unknown substances cluriog OPSG operations.
4
530,342
$121,366
Hand Tools: Provides access to hard to reach areas of a vehicle while
03SR-02-TLHN
7
$827
55,791
RC50
4
mmimurin the risk of injury clurirg DPSG operations.
14SW02-RADR
Handheld X-ray Imager. To enhance capabilities to quickly and
5
$36,000
$180,000
RCSO
5
effectively locate contraband concealed in moter vehicle body panels.
035R-02-TPEL
Efectrtc TOoLsl Provides access to hard to reach areas of a vehicle while
7
51485
$7,595
RCSD
b
minimizing the risk of injury during OPSG operations.
Operational vest: To enhance safety and security for personnel working
, RCSQ
7
030E-01V5T0
1 OPSG operations.
7
$800
55,600
Night Vision Goggles: To enhance capabllitres and safety during DPSG
'
030E-02•IItA
?
$7,500
$151000
LBPO
B
operations during the hours of darkness.
Thermal Scope: Tc enhance capabilities and safety during OPSG
030E-024I1-A
1
$6 500
$6,50
.LBPD
9
operations during the hours of darkness.
PEQ-15 IR Laser: To enhance capabil tries and safety during DPSG
030E-02-TILA
1
52,M
S2,000
LBPD
10
operations during the hours of darkness.
Code 5 Camera System: To enhance our law enforcement capabilities to
145W-01.V)DA
1
MOO
$10,000
r4BPD _
11
1 collect information and intelligence to increase border security.
Portable LPR systems: To enhance our rave enforcement capabilities to
03b`c-O]-AIPR
6
$9,525
G57.149
SBPD
12
collect information and m[eltigenceto increase border security.
r{�
en Name
Item Number
AEL#
E ul mentName
Quantity
Price
Total
RCSD
12VE-00-MISS
Fully Outfitted Marktu F,i[wi vehicle with taw Enforcement package:
Use for OPSG Patrols
4
$70,074
$280,296
HBPD
1
17WC 00-BOAT
Fully Equipped Patrol Utility Boat: Use for OPSG Patrols
1
569,000
569,000
LBPD
3
12VE-DD-MISS
Fully Outfitted Marked Patrol vehicle with law Enforcement package-
Use 10, OPSG P,wo is
1
S45000
$45,000
SBPD
4
32VE OO M15
Fully Outfitted Marked Patrol vehicle with Law Enforcement package:
UUse for OPSG Patrols
1 1
$46,420
1,420
j Total 54af1,716
13
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Fuel
Agency name
Estimated Patrol Hours
(16 Gallons Per Hour)
Estimated Fuel Cost
(Gallon) Estimated Total
HBPD
$5.00
LA5 D
$5.00
LBPD
c5-O0
TWA 50
Agency Name Maintenance Description Total
HBPD Flight Costs $105,697
LASD Raptor Boat Maintenance Costs $39,463
Total $144,165
ge
Agency Name
Estimated Miles Estimated Mileage Rate
Estimated Total
RCSD
40,3C` $0.59
$23,780
LBPD
7,372 $0.59
$4,350
Total
$28,130
B. Travel:
Not applicable.
C. Lodging:
Not applicable.
D. Reception of Detailed Personnel:
Not applicable.
E. Uniform and Equipment:
All personnel assigned to this operation will utilize the approved agency uniform
in accordance with each agency Standard Operating Procedure (SOP). No
deviations from these SOPs are anticipated.
F. Special Equipment:
Not applicable.
G. Processing:
Participating OPSG law enforcement agencies will enforce local and state laws
within their jurisdiction and will not enforce immigration laws (Title $ USC) on
behalf of CBP/Border Patrol. Apprehension and seizures will be processed in
14
7-45
accordance with existing federal, state, and local laws, policies and guidelines.
State felony warrant suspects in CBP/Border Patrol custody will be managed in
accordance with existing agreements between the San Diego Sector and local
agencies.
H. Medical:
Medical emergencies will be handled by the closest available medical facility, and
in accordance with established departmental policies and procedures of each
OPSG participating agency.
I. Detention/Transportation:
Apprehended individuals will be transported in accordance with federal, state
and local laws, policies, agreements and guidelines of the arresting agency.
J. Vehicles:
Local and state law enforcement vehicles will be used in support of this operation.
Participating agencies will be responsible for the fuel and maintenance of their
vehicles. Fuel, mileage, and maintenance costs may be reimbursed in whole or in
part for those vehicles utilized in OPSG-related operations.
V. COMMAND/CONTROL/COMMUNICATION
A. Chain of Command:
Participating agencies will maintain their individual chains of command as
dictated by internal policies and guidelines.
U.S. Border Patrol - San Diego Sector
Chief Patrol Agent: Aaron M. Heitke
Deputy Chief Patrol Agent: Patricia McGurk-Daniel
ACTT Director: Bernardino Soto
Assistant Chief Patrol Agent: Lewis F. Salling
Special Operations Supervisor: Anna M. Sofchek (520) 603-2293
SD Regional Coordinating Mechanism (ReCoM)
(A)SOS Rory Russel (619) 782-3586
Central California Maritime Agency Coordination Group (CenCa1MAC)
SBPA Richard Wilcox (619) 481-8819
San Francisco ReCoM MAC
Vacant
B. Unit Command:
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U.S. Border Patrol Stations:
• Boulevard Station
• Brown Field Station
• Campo Station
• Chula Vista Station
• Imperial Beach Station
• Murrieta Station
• San Clemente Station
C. Communication Details:
Communication protocol will be managed in accordance with each participant
agency's existing policy. OPSG communications will be monitored and, as
necessary, coordinated by the Incident Command System (ICS) when active.
ANNEXES
A. Administration Annex:
The Riverside County Sheriff's Department will be the OPSG Grant Administrator. The
grant funding for each of the OPSG participants is approved on a case -by -case basis
specific to the yearly operational plan. The San Diego Sector Chief Patrol Agent in
coordination with the OPSG IPT will detennine which areas will be the focus of
operations and may shift enforcement efforts and priorities accordingly. Operational
plans may be amended as necessary. State and local law enforcement agencies shall not
use OPSG funding to supplant their inherent routine patrol and law enforcement
operations in order to perform activities not directly related to increasing border security.
B. Execution Annex:
Not applicable.
C. Media Action Plan:
Inquiries will be directed to the USBP San Diego Sector Information and
Communications Division (619) 216-4182. Participating OPSG agencies will manage
media inquiries as indicated by their individual departmental policies.
D. Legal Review:
This operational plan has been reviewed for legal sufficiency by CBP Office of Assistant
Chief Counsel.
E. Risks:
No additional risks have been associated with this Operations Order (OPORD).
16
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