Exhibit 1
RESOLUTION NO. 2026-174 .
A R
ESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING PARTICIPATION IN THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY OPERATION STONEGARDEN
GRANT PROGRAM FOR FISCAL YEAR 2025, ACCEPTING $30,000 IN FEDERAL
GRANT FUNDING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE THE GRANT AGREEMENT AND ALL REQUISITE DOCUMENTS AND
TO APPROPRIATE THE FUNDS TO THE PUBLIC SAFETY GRANTS SPECIAL
REVENUE FUND
WH
EREAS, the United States Department of Homeland Security has created the Operation Stonegarden grant program to facilitate partnerships between federal, state, and local law enforcement related to U.S. and Mexico border i ssues, including human trafficking, narcotics and weapons smuggling, and criminal gang activity; and
WHEREAS, the Operation Stonegarden G rant Program facilitates these partnerships through enhanced intelligence gathering and information sharing capabilities and increased law enforcement presence in border areas; and
WHEREAS, the San Diego County Sheriff’s Department applied for, and was awarded, grant funds from the Operation Stonegarden Grant Program; and WHEREAS, the City of Carlsbad was invited by the San Diego County Sheriff’s Department to participate in the Fiscal Year 202 5 Operation Stonegarden grant program for the reimbursement of overtime, mileage, and other related expenses and was awarded $30,000 in Operation Stonegarden grant funds; and
WHEREAS, the Carlsbad Police Department will use the federal grant funds to participate in overtime details for multi- disciplinary crime suppression operations related to human trafficking, narcotics and weapons smuggling, and criminal gang activity; and WHEREAS, the Carlsbad Police Department will remain in compliance with the California Values Act, as codified in Government Code Section 7284 et. seq. and Police Department Policy No. 428, ensuring grant funds will not be used to enforce or aid in enforcing federal immigration laws; and WHEREAS, the City Council for the City of Carlsbad, California, desires to authorize the City Manager, or designee, to take all necessary action to accept, appropriate, and expend said grant funds and to make the findings required by the terms of the grant program; and Sept. 29, 2026
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD N OW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council has determined the proposed action is not a “project” as defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(b)(4) and does not require environmental review under CEQA Guidelines Section 15060(c)(3) because the creation of funding mechanisms, including the pursuit and/or acceptance of grant funding, is a government fiscal activity which on its own does not involve any commitment to any specific project which may result in a potentially significant impact on the environment. Applying for or accepting the grant does not have a legally binding effect on any possible future discretionary action.
The activities or projects for which this funding is intended may require preparation of an environmental document in accordance with CEQA and CEQA Guidelines. The proposed action will not foreclose review of alternatives or mitigation measures by the public as part of the environmental review process.
3. That the City Council approves participation in the Fiscal Year 2025 Operation Stonegarden grant program.
4. That the City Manager is authorized and directed to accept $3 0,000 in federal grant funds from the Fiscal Year 2025 Operation Stonegarden Program.
5. That the City Manager, or designee, is authorized to execute the Agreement for FY 2025 Operation Stonegarden and all requisite documents (Attachment A).
6. That the City Manager, or designee, is authorized to appropriate $30,000 to the Public Safety Grants Special Revenue Fund for the F iscal Year 2025 Operation Stonegarden grant program.
7. That the expenditures specified are authorized in compliance with the grant.
8. That the City Council of the City of Carlsbad hereby provides its written authorization in support of the grant program project and agrees:
a. To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD b. Any liability arising out of the performance of this agreement shall be the responsibility of the City and the City Council;
c. Grant funds shall not be used to supplant expenditures controlled by the City Council;
d. The City is authorized by the City Council to apply for federal assistance, and the institutional, managerial, and financial capability (including funds sufficient to pay to non-federal share of the project costs, if any) to ensure proper planning, management, and completion of the project described in this application; and e. The official executing this agreement is authorized by the Applicant.
PASSED, APPROVED AND ADOPTED at a Regula r Meeting of the City Council of the City of Carlsbad on the 29th day of September, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
_______
_______________________________
KEITH BLACKBURN, Mayor
_______
_______________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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1 AGREEMENT FOR
FISCAL YEAR 2025
OPERATIO
N STONEGARDEN (OPSG)
1. PARTIES TO THE AGREEMENT
This Agreement is between the COUNTY OF SAN DIEGO (COUNTY), the CITY OF CARL
SBAD, CITY OF CHULA VISTA, CITY OF EL CAJON, CITY OF ESCONDIDO, CITY OF LA MESA, CITY OF OCEANSIDE (collectively the CITIES), SAN DIEGO
UNIFIED PORT DISTRICT (SDUPD), CITY OF PORT HUENEME (PH), COUNTY OF
ORANGE (OC), COUNTY OF SAN LUIS OBISPO (SLOC), COUNTY OF SANTA
BARBARA (SBC), COUNTY OF VENTURA (VC), COUNTY OF MONTEREY (MC),
COUNTY OF SAN MATEO (SMC), CALIFORNIA HIGHWAY PATROL (CHP), CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (DFW), and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (DPR), 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 Sheriff's Office (SHERIFF).
1.1.2 For the CITIES, SDUPD, and PH, participating agencies are their respec tive
police departments.
1.1.3 For OC, SLOC, SBC, VC, MC, and SMC participating agencies are their respective Sheriff's Departments.
1.1.4 CHP, DFW, and DPR do not have subordinate agencies or department participants.
2. RECITALS
2.1 WHEREAS, COUNTY through SHERIFF applied for, and wa s 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) 2025 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.
Attachment A
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2 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 Bo ard of Supervisors Minute Order No. 06 on June 24, 2025, approved the appropriation and use of FY 2025 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 2025 OPSG Budget Worksheet in paragraph 2.9 (a), during the period of performance (POP) September 1, 2025 through May 31, 2028 but, the operational project period for PARTIES shall be the date of FEMA's approval, April 30, 2026 through February 29, 2028.
2.6 WHEREAS, PARTIES shall retain do cumentation supporting all expenditures reimbursed from OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to the federal procurement standards found in Title 2 of the Code of Federal Regulations, Part 200, Subpart D, Section § 200.317-§ 200.327, and comply with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F - Audit Requirements regarding organization-wide financial and compliance audit reports if $1,000,000 or more of OPSG federal funds are expended in a fiscal year.
2.6.1 Documentation shall be retained in accordance with the FEMA Preparedness Grants Manual and other OPSG grant requirements and shall be available for audit and inspection.
2.7 WHEREAS, PARTIES agree that this Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC).
2.8 WHEREAS, PARTIES acknowledge the following information for the OPSG grant program:
(a) Federal Grantor Agency: U. S. Department of Homeland Security (DHS) (b) Administrative Authority: Federal Emergency Management Agency (FEMA) (c) Operational Oversight: U. S. Customs and Border Protection (CBP) (d) State Administrative Agency (SAA) or Pass-Through Agency: California Governor's Office of Emergency Services (Cal OES)
(e) Program Title: Homeland Securi ty Grant Program (HSGP) Operation Stonegarden (OPSG)
(f) Grant Identifi cation Number: 2025-5020
(g) Federal CFDA Number: 97.067
2.9 WHEREAS, PARTIES agree a nd shall utilize and adhere to the Exhibits attached hereto and/or available using the referenced links:
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 3 (a) Exhibit A – FY 2025 OPSG Budget Worksheet
(b) Exhibit B – FY 2025 OPSG Standard Assurances
(c) Exhibit C – FY 2025 OPSG - Re quired Federal Grant Provisions (d)
Exhibit D - FY 2025 OPSG – Byrd Anti-Lobbying Certification Form (e) Exhibit E – FY 2025 OPSG Operations Order
(f) Exhibit F – Title 2 of the Code of Federal Regulations Part 200 (g) Exhibit G – Appendix II Part 200
(Includes guidelines/directions to create/develop mandatory and/or recommended language to cover and address each required provision for incorporation within a contract)
(h) Exhibit H - FY 2025 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)
(i) Exhibit I - FY 2025 Homeland Security Grant Program (HSGP) California Supplement to the Federal Notice of Funding Opportunity (NOFO) (j) Exhibit J – FEMA Preparedness Grants Manual (PGM)
Nothing in the Exhibits above shall limit the requirements of this Agreement.
NOW THEREFORE, for valuab
le 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 Cal OES, under the FY 2025 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 PARTIES, and be administratively responsible for coordination of PARTIES' obligations under th
is Agreement. SHERIFF's OPSG grant program team will be staffed as described in paragraph 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES.
4.2 Overview of Basic Services
PARTIES shall perform OPSG Operations ("Operations") by increasing law enforcement presence in each PARTY's designated jurisdiction and in coordination with other OPSG participating agencies to support the U. S. Customs and Border Protection (CBP) efforts to improve border security in the region. PARTIES shall 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).
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 4 5. TERM OF AGREEMENT
The OPSG grant program Period of Performance (POP) is September 1, 2025 through May 31, 2028, but the operational project period for PARTIES shall be the date of FEMA's approval, April 30, 2026 through February 29, 2028.
5.1 Initial Term
The term of this Agreement shall be retroactive to 12:01 a.m. on April 30, 2026 and shall continue in effect through and terminate at midnight on May 31, 2028; subject to the termination provision in paragraph 5.3.
5.2 Option to Extend
Renewal or extension of the Agreement beyond May 31, 2028 shall be subject to remaining grant funds and to a time extension approved by Cal OES. PARTIES that choose not to re
new 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 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 Debar
ment
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 D, 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 Sept. 29, 2026
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5 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 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 E – FY 2025 OPSG Operations Order.
6.3.1 PARTIES shall provide enhanced enforcem ent 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 Increased intelligence/information sh aring among PARTIES, including but not limited to:
(a) Conducting bi-monthly meeti ngs 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 an Operation Stonegarden (OPSG) Activity Log (AL) form in Excel format, which will be submitted as supporting documentation for any reimbursement request. Information entered in the Narrative section of the OPSG AL form shall include statistical data and reports 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 OPSG AL information directly into DHS's Homeland Security Information Network (HSIN).
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 6 6.3.4.3 PARTIES' Designated Operations Coordinator or designee shall ensure OPSG AL information entered in HSIN is corre
ct and shall make
necessary corrections until it is processed for approval.
6.4 Personnel Qualifications and Assignment
6.4.1 Qualifications
Each PARTY shall ensure that perso nnel assigned to perform Operations pursuant to this Agreement meet the minimum qualifications for their specific classification.
6.4.1.1 Personnel assigned to perform law enforcement activities in support of OPSG initiative to enhance border security must be peace officers who are certified to act as public safety officers, including but not limited to rangers, lifeguards, detectives, and investigators who work in a patrol capacity, along with assistance from other law enforcement direct support personnel such as communication officers/dispatchers and patrol pilots.
6.4.2 Management, Direction, and Superv ision; 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 Sheriff's 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.
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 7 6.4.4 Staffing for Basic Services
PARTIES shall ensure that adequate numbers of their qualified respective personnel are always provided to Operations during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein.
6.4.5 Equipment and Supplies
COUNTY will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations. Similarly, all other PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations unless otherwise specified in Exhibit E - FY 2025 OPSG Operations Order.
6.4.5.1 PARTIES are responsible for the procurement of their own equipment to be used in Operations.
6.4.5.2 PARTIES shall maintain an inventory list of all equipment purchased with OPSG funds and when practicable, equipment shall be labeled with:
"Purchased with funds provided by the U. S. Department of Homeland Security".
7. COST OF SERVICES/CONSIDERATION
7.1 General
7.1.1 As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY shall reimburse PARTIES for personnel assigned to perform Operations based on claims and submittals as set forth hereunder. Such payments by COUNTY are dependent on the continued availability of funds from the DHS passed through Cal OES.
7.1.2 PARTIES agree that awarded funds identifi ed as allowable costs, as set forth in Exhibit J – FEMA Preparedness Grants Manual (PGM), shall be expended only for approved Operations operating expenses and equipment as detailed in Exhibit A – FY 2025 OPSG Budget Worksheet, and that unallowable costs are not reimbursable as set forth in Exhibit J – FEMA PGM.
7.1.2.1 Law enforcement activities, such as operational overtime costs incurred by increased patrol operations, in support of enhanced border security will be performed by peace officers who are certified to act as public safety officers, as described in paragraph 6.4.1.1 of this Agreement.
7.1.2.2 Personnel assigned to perform Operations may not work an overtime shift that exceeds 16 hours worked in any 24-hour period.
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8 7.1.2.3 Unallowable OPSG activities include but are not limited to, costs associated with evidence collection, arrest processing, prosecution and Traffic/DUI checkpoints, such as evidence documentation cameras, fingerprinting supplies, alcohol breathalyzers, traffic barricades, and similar law enforcement expenses. General IT computing equipment, construction and/or renovation expenses, as well as exercise program costs are also prohibited under OPSG.
7.1.3 No reimbursement shall be made to a PARTY during any period within which that PARTY is in default on filing any informational or financial reports required by SHERIFF. SHERIFF shall make any necessary adjustments to PARTY claims to correct for overpayments, underpayments, or disallowances.
7.2 Project Costs/Rate of Compensation
SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform Operations and shall reimburse for costs approved in Exhibit E – FY 2025 OPSG Operations Order, based upon available funding and the actual costs incurred by PARTIES to provide Operations.
7.3 Reimbursement Method
PARTIES shall submit to SHERIFF, accurate and complete reimbursement forms, labor reports, timesheets, OPSG ALs, 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 or, within thirty (30) days if expenditure is incurred on February 29, 2028. All requests for reimbursement shall be sent to:
San Diego County Sheriff's Office
O-41 Grants Unit (OPSG)
P. O. Box 939062
San Diego, CA 92193-9062
7.3.1 Reimbursement forms and invoices mu st have the signature of PARTY's Authorized Agent, certifying that the invoice and substantiating documentation, e.g., OPSG ALs, timesheets, payroll and labor reports, procurement documents, etc., are true and correct.
7.3.2 PARTIES shall provide payroll reco rds 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.
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 9 7.3.3 PARTIES shall submit to SHERIFF, verifiable and complete supporting documentation to substantiate reimbursement requests fo r service maintenance and/or
equipment purchase, to include the equipment inventory ledger, certified true copies of invoice, purchase order, proof of payment to vendor and other procurement documentation. Compliance with the disclosure requirements of this Agreement by any PARTY shall not otherwise waive Attorney-Client privilege or any other privilege or exemption.
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 G – Appendix II Part 200, notice of award, record of protest, performance or other bond documents, specialized endorsements and request form approvals (if applicable), 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 with all grant rules and procurement requirements. PARTIES shall be responsible in making sure that proper authorizations are in place for any OPSG equipment purchase that requires specialized endorsement or approvals, including waiver request forms or Environmental and Historic Preservation (EHP) review and compliance.
7.3.5 Noncompetitive procurements of equipment exceeding the $350,000 Simplified Acquisition Threshold (SAT) established by Federal Acquisition Regulation (FAR) 48 CFR Subpart 2.1, in accordance with 41 U.S.C. 1908, requires prior written approval from Cal OES.
7.3.5.1 Prior to purchasing equipment determined to be noncompetitive, PARTIES shall email SHERIFF 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 over $350,000, or any vehicle, aircraft, or watercraft, regardless of contract amount, to be paid at the time of purchase, to ensure delivery of the equipment within ninety (90) days of the performance period end date.
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 10 7.3.6.1 Performance bond shall be included
for reimbursement with invoice.
7.3.7 Within ninety (90) days of re ceipt 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 alloca tion and track their claims to remain within their allocated amount as specified in Exhibit A – FY 2025 OPSG Budget Worksheet.
7.4 Reimbursement Disallowances
PARTIES not in compliance with procedures in paragraph 7.3 above risk having incurred expenditu
res 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 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 admin
istration matters and adhere to the policies and regulations in Exhibit F - Title 2 of the Code of Federal Regulations Part 200 (2 CFR Part 200), Exhibit H – FY 2025 HSGP NOFO, Exhibit I – FY 2025 HSGP CA Supplement to the NOFO and Exhibit J – 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 adhe re to all applicable procurement rules and regulations stated in 2 CFR § 200.317-§ 200.327 and described in Appendix II Part 200 - Contract Provisions for Non-Federal Entity Contracts under Federal Awards. Reimbursement claims associated with contracts found to be out of compliance will be denied.
8.1.2 Methods of Procurement
PARTIES shall adhere to the procurement methods found in 2 CFR 200, Subpart D, § 200.320.
8.1.3 Gran
t Requirements
PARTIES shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. 200 Subpart D, including requiring their contractors to comply with the applicable Federal Requirements contained in Exhibit C hereto.
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 11 9. REPAYME
NT 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 o r 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 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 Sept. 29, 2026
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD
12 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 Ac ts or Omissions of a PARTY Each PARTY to this Agreement hereby ag rees 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 th emselves 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 cas es 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 a llocates 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 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:
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 13 To SHERIFF:
Sheriff
San Diego County Sheriff's Office
P. O. Box 939062
San Diego, CA 92193-9062
To Non-County PARTIES:
Chief Chief
Carlsbad Po
lice Department Chula Vista Police Department
2560 Orion Way 315 Fourth Avenue
Carlsbad, CA 92010 Chula Vista, CA 91910
Chief Chief
El Cajon Police Department Escondido Police Department
100 Civic Center Way 1163 North Centre City Parkway
El Cajon, CA 92020 Escondido, CA 92026
Chief Chief
La Mesa Police Department Oceanside Police Department
8085 University Avenue 3855 Mission Avenue
La Mesa, CA 91942 Oceanside, CA 92058
Chief Chief
San Diego Harbor Police Department Port Hueneme Police Department 3380 North Harbor Drive 250 N Ventura Road
San Diego, CA 91101 Port Hueneme, CA 93041
Sheriff Sheriff
Orange County Sheriff's Department Ventura County Sheriff's Office 550 North Flower Street 800 South Victoria Avenue
Santa Ana, CA 92703 Ventura, CA 93009
Sheriff Sheriff
San Luis Obispo County Sheriff's Office Monterey County Sheriff's Office 1585 Kansas Avenue 1414 Natividad Road
San Luis Obispo, CA 93405 Salinas, CA 93906
Sheriff Sheriff
Santa Barbara County Sheriff's Office San Mateo County Sheriff's Office 4434 Calle Real 330 Bradford Street
Santa Barbara, CA 93110 Redwood City, CA 94063
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD
14 C h i e f C h i e f
California Highway Patrol California Department of
Border Division Fish and Wildlife
9330 Farnham Street Law Enforcement Division
San Diego, CA 92123 715 P Street, #11-119
Sacramento, CA 95814
C h i e f
California Department of
Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
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.
12.3 Entire Agreement
This Agreement constitutes the complete and exclusive statement of agreement among 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- Sept. 29, 2026
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 15 County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding br
each 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 conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect.
12.10 Legislative Changes
If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the U. S. 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 PARTY’s 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.
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 16 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 U. S.
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 delivere d within the State of California, and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective April 30, 2026, unless otherwise specified.
Approved as to form and legality:
SAN DIEGO COUNTY OFFI CE OF COUNTY COUNSEL
SHERIFF'S OFFICE CO UNTY OF SAN DIEGO
___________________________ _____________________________ Kelly A. Martinez Mark Day
Sheriff Senior Deputy
CARLSBAD POLICE CHULA VISTA POLICE
DEPARTMENT DEPARTMENT
___________________________ _____________________________ Christie Calderwood Dan Peak
Chief Acting Chief
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17 EL CAJON POLICE ESCONDI
DO POLICE
DEPARTMENT DEPARTMENT
___________________________ _____________________________ Jeremiah Larson Ken Plunkett
Chief Chief
LA MESA POLICE OCEANSIDE POLICE
DEPARTMENT DEPARTMENT
___________________________ _________________________________ Ray Sweeney Taurino Valdovinos
Chief Chief
SAN DIEGO HARBOR POLICE PORT HUENEME
DEPARTMENT POLICE DEPARTMENT
___________________________ ___________________________ Magda Fernandez Michael Federico
Chief Chief
Approved as to form and legality:
ORANGE COUNTY LEON J. PAGE
SHERIFF'S DEPARTMENT THE OFFICE OF COUNTY COUNSEL
COUNTY OF ORANGE
___________________________ ___________________________ Don Barnes Annie Loo
Sheriff-Coroner Senior Deputy
SAN LUIS OBISPO COUNTY VENTURA COUNTY
SHERIFF'S OFFICE SHERIFF'S OFFICE
___________________________ ___________________________ Ian Parkinson James Fryhoff
Sheriff Sheriff
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 18 SANTA B
ARBARA COUNTY MONTEREY COUNTY
SHERIFF'S OFFICE SHERIFF'S OFFICE
_______
____________________ ___________________________
Bill Brown Tina Nieto
Sheriff-Coroner Sheriff-Coroner
SAN MATEO COUNTY CALIFORNIA HIGHWAY PATROL
SHERIFF'S OFFICE BORDER DIVISION
___________________________ ___________________________ Kenneth Binder Brandon Shipwash
Sheriff Chief
CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT
OF FISH AND WILDLIFE OF PARKS AND RECREATION
LAW ENFORCEMENT DIVISION
_______
____________________ ___________________________
Amy Mowrer Lisa Adams
Chief District Superintendent
Business Management Branch
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD FY 2025 OPERATION STONEGARDEN
ANNUAL BUDGET WORKSHEET
SUMMARY
AB C D E F G H I
AGENCY NAME Operational OT Fringe Benefits Vehicle/Vessel Maint Equip Maint New/Replace Equip Fuel Costs Mileage Flight Costs M&A TOTAL San Diego County Sheriff's Office 3,014,743 198,190 - 55,710 440,000 - 263,786 55,156 322,715 4,350,300 Carlsbad Police Department 28,329 411 - - - - 1,260 - - 30,000 Chula Vista Police Department 78,857 1,143 - - - - - - - 80,000 El Cajon Police Department 142,440 5,795 - - - - 1,765 - - 150,000 Escondido Police Department 10,000 - - - - - - - - 10,000 La Mesa Police Department 157,600 12,056 - - 125,000 - 5,344 - - 300,000 Oceanside Police Department 101,948 1,478 23,574 - - 23,000 - - - 150,000 San Diego Harbor Police Department 70,019 13,143 17,000 - - 22,464 2,374 - - 125,000 Port Hueneme Police Department 40,000 - - - - - - - - 40,000 Orange County Sheriff’s Department 295,970 28,591 39,279 - - 24,960 11,200 - - 400,000 San Luis Obispo County Sheriff's Office 74,810 18,231 - - 29,700 - 6,959 - - 129,700 Santa Barbara County Sheriff's Office 127,418 - 12,880 - - 38,400 5,682 15,620 - 200,000 Ventura County Sheriff's Office 322,819 - 15,614 - - 25,575 - 35,992 - 400,000 Monterey County Sheriff's Office 73,945 1,072 - - 95,000 - 4,983 - - 175,000 San Mateo County Sheriff's Office 44,755 5,245 - - - - - - - 50,000 CA Highway Patrol 512,705 7,434 - - - - 39,031 40,830 - 600,000 CA Department of Fish and Wildlife 29,571 429 - - - - - - - 30,000 CA Department of Parks and Recreation 94,206 1,366 16,004 - 60,000 4,896 3,528 - - 180,000 Grand Total San Diego County Region 5,220,135$ 294,584$ 124,351$ 55,710$ 749,700$ 139,295$ 345,912 $ 147,598$ 322,715$ 7,400,000$ Budget Narrative Category
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD
FY 2025 Operation Stonegarden Grant - Standard Assurances Page 1 of 11 Initials _______
EXHIBIT B
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) FY 2025 OPSG Standard Assurances
(All OPSG Participating Agencies of Friendly Forces)
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.
• The Agency, and any of its principals, contractors, and subcontractors, will comply with all applicable local, state, and federal statutes, including but not limited to the following state and federal statutes prohibiting hate-based conduct:
(a) California Penal Code section 422.6 (a);
(b) California Penal Code section 404.6;
(c) California Penal Code section 422 (a);
(d) California Civil Code section 52.1;
(e) 18 U.S.C. § 249;
(f) 42 U.S.C. § 3631;
(g) 18 U.S.C. § 247; and
(h) 18 U.S.C. § 241, 245
Additionally, the Agency will not engage , and certifies that it will take steps to ensure that its principals, contractors, and subcontractors do not engage in conduct contrary to the purposes of the grant program and/or that threatens the safety and security of California ns, including, but not limited to, acts of violence or unlawful intimidation on the basis of race, gender, religion, national orig in, sexual orientation, or other protected classifications. Prohibited conduct includes, but is not limited to, violation of the federal and state laws identified herein.
The requirements outlined in these assurances apply to the Agency and any of its principals, contractors, and subcontractors.
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 2560 Orion Way
92010CACarlsbad
Carlsbad, Police Department, City of Carlsbad
FY 2025 Operation Stonegarden Grant - Standard Assurances Page 2 of 11 Initials _______ I further acknowledge that the Agency is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal and State Regulations;
(b) Federal Program Notice of Funding Opportunity (NOFO)*; (c) Federal Prepare dness Grants Manual;
(d) California State Supplement to the NOFO
*All instructions, guidance, limitations, scope of work, and other conditions set forth in the NOFO are incorporated by reference in the federal award. All grant recipients, including the Agency, contractors and subcontractors, must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with the grant terms and conditions and any such term s of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that cond ition and all other conditions se t forth in the NOFO shall remain in effect.
The Agency is encouraged to consult with its counsel prior to signing and submitting these Standard Assurances when accepting its grant award allocation.
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 Federa l Regulations (C.F.R.) and a dopted by the Department of Homeland Security (DHS) at 2 C.F.R. §3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
For necessary changes made to the subaward, including changes to the period of performance or terms and conditions, Agency will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Agency acceptance of the changes to the subaward.
State and federal grant award requirements are set fort h below. The Agency hereby agrees to comply with the following:
1. Proof of Authority
The Agency will obtain proof of authority from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Agency a nd the city council, governing board or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) 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) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body;
(d) 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) The official executing this agreement is authorized by the Agency.
This Proof of Authority must be maintained on file and readily available upon request.
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FY 2025 Operation Stonegarden Grant - Standard Assurances Page 3 of 11 Initials _______
2. Period of Performance and Operational Project Period The period of performance is specified in the Award and the operational project period for the Agency is indicated in the FY2025 Operation Stonegarden (OPSG) Memorandum of Agreement (MOA). The Agency is only authorized to perform allowable activities approved under the award, within the peri od of performance specified in the grant, within which, the operational project period for the Agency is enforced.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Agency certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreemen t, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal a ppropriated 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 agre ement, 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 subcontract s, subgrants, and contracts under grants, loans, and cooperative agreements) and that all grant recipients 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, a nd 2 C.F.R §200.214 and codified in 2 C.F.R Part 180, Debarment and Suspension, the Agency will provide protection against wa ste, 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 fo r debarment, decl ared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offens e 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 fals e statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and
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FY 2025 Operation Stonegarden Grant - Standard Assurances Page 4 of 11 Initials _______ (d) Have not within a three-year period preceding th is 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 statem ents 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 and regulations relating to non-discrimination, including:
(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, as well as the Federal Emergency Management Agency's (FEMA) implementing regulations at 44 C.F.R § 19 for awards issued by FEMA;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional need s in any program or acti vity receiving federal financial assistance;
(d) Americans with Disa bilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance; (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 Depa rtment of Housing and Urban Development at 24 C.F.R § 100. The prohibition on di sability 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 designe d and constructed with certain ac cessible features (See 24 C.F.R § 100.201);
(h) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(i) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Agency must comply with equal treatment policies and requirements contained in 6 C.F.R. § 19;
(j) The California's Fair Employm ent and Housing Act (FEHA) (California Government Code § 12940 – 12957), as applicable. FEHA prohib its harassment and discrimina tion in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, 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;
(k) Any other nondiscrimination provisions in the specific statute(s) u nder which application for federal assistance is being made; and
(l) The requirements of any other nondiscrimination statute(s) which may apply to the application.
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FY 2025 Operation Stonegarden Grant - Standard Assurances Page 5 of 11 Initials _______
Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy
6. Anti-Discrimination
Department of Homeland Security (DHS) included the following provisions for FY 2025 grant awards:
The Agency must comply with all applicable Federal anti-discrimination laws material to the government’s payment decisions for purposes of 31 U.S.C. § 372(b)(4).
(1) Definitions. As used in this clause –
(a) DEI means “diversity, equity, and inclusion.”
(b) DEIA means “diversity, equity, inclusion, and accessibility.” (c) Discriminatory equity ideology has the meani ng set forth in Section 2(b) of Executive Order 14190 of January 29, 2025.
(d) Federal anti-discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States.
(2) Grant award certification.
By accepting the grant award, the Agency is certifying that:
(i) It does not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti- discrimination laws; and
(ii) It does not engage in and will not during the term of this award engage in, a discriminatory prohibited boycott.
7. 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.
8. 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 emissi ons from stationary and mobile sources;
(e) Institution of environmental quality control me asures 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;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order (EO) 11988;
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FY 2025 Operation Stonegarden Grant - Standard Assurances Page 6 of 11 Initials _______ (g) 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 fede ral 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 Or der (EO) 11990 which requires preservation of wetlands;
(h) The Safe Drinking Water Act of 1974, (P.L. 93-523); (i) The Endangered Species Act of 1973, (P.L. 93-205);
(j) Assurance of project consistency with the a pproved state management pr ogram developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (k) 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.); and (l) 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) determ ined to be in violation of federal law relating to air or water pollution.
9. Audits
For grant recipients expending $1,000,000 or more in federal grant funds annually, the Agency will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., § 200, Subpart F Audit Requirements.
10. Cooperation and Access to Records
The Agency must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R § 200.337, 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 grant recipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
11. 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.
12. Financial Management
False Claims for Payment - The Agency will comply with 31 U.S.C § 3729-3733 which provides that Agency shall not submit a false claim for payment, reimbursement or advance.
13. Reporting - Accountability
The Agency agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first tier subawards as set forth in 2 C.F.R. § 170, Appendix A. The Agency also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. § 25, Appendix A.
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14. Whistleblower Protections
The Agency must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2324, 10 U.S.C. § 2409, 41 U.S.C. § 4304 and § 4310, and 41 U.S.C. § 4712.
15. 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 the Agency or its grant recipi ents 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.
16. 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 seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
17. 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.
18. 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 Reloca tion 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 inte rests 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 federal grant recipients 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. § 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
19. 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;
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FY 2025 Operation Stonegarden Grant - Standard Assurances Page 8 of 11 Initials _______ (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.
20. Use of Cellular Device While Driving is Prohibited
The Agency is 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 prohi bited from the use of a wireless te lephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
21. 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 § 7920.000 et seq. The Agency should consider thes e laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matt ers in the grant application, needs assessment, and strategic planning process.
22. Acknowledgement of Federal Funding from DHS
The Agency must acknowledge its use of federal funding wh en issuing statements, pre ss releases, requests for proposal, bid invitations, and other documents describing projects or progr ams funded in whole or in part with Federal funds.
23. Activities Conducted Abroad
The Agency must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.
24. 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. If the Agency collects PII, the Agency is required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII it collects. The Agency may refer to the DHS Privacy Impact Assessments:
Privacy Guidance and Privacy template a useful resource.
25. Copyright
The Agency must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under Federal awards and also include an acknowledgement that the work was produced under a federal award (including the Federal Award Number and Federal Awarding Agency). As detailed in 2 C.F.R. § 200.315, a Federal Awarding Agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes and to authorize others to do so.
26. Duplicative Costs
Agency is prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, the Agency may shift costs that are allowable under two or more awards where otherwise permitted by Federal statutes, regulations, or the Federal financial assistance award terms and conditions.
27. Energy Policy and Conservation Act
The Agency 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 conserva tion plan issued in compliance with this Act.
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28. Federal Debt Status
The Agency is required to be non-delinquent in its 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.
29. Fly America Act of 1974
The Agency must comply with Preference for United States Flag Air Carriers: (a list of certified air carriers can be found at: Certified Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-
policy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Agency 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.
31. Non-supplanting Requirement
If the Agency receives Federal financial assistance awards made under programs that prohibit supplanting by law, the Agency must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
32. Patents and Intellectual Property Rights
The Agency is subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.
33. SAFECOM
If the Agency receives Federal financial assistance aw ards made under programs that provide emergency communication equipment and its related activities, the Agency must comply with the SAFECOM Guidance for Emergency Communication Grants, incl uding provisions on technical standards that ensure and enhance interoperable communications.
34. Terrorist Financing
The Agency must comply with Executive Order (EO) 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Agency is legally responsible for ensuring compliance with the EO and laws.
35. 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, the Agency must co mply 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. § 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
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36. USA Patriot Act of 2001
The Agency 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.
37. Use of DHS Seal, Logo, and Flags
The Agency must obtain written permission from DHS prior to using the DHS seals, logos, crests or reproductions of flags or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests or reproductions of flags or likenesses of component officials.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Agency and flow down to sub tier grant recipients and contractors as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Agency must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order (EO) 14005. Agencies receiving a federal award subject to BABAA requirements may not use Federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infras tructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the co mpletion of the infrastructure project.
Nor does a "Buy America" preference apply to equipment and furnishings, such as movable chairs, desk, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per Section 70914(c) of BABAA, FEMA may waive the application of a "Buy America" pref erence under an infrastructure program in certain cases.
40. Presidential Executive Orders
DHS included the following provision for FY 2025 grant awards:
The Agency must comply with the requirement
s of Presidential Executive Orders related to grants (also known as Federal Assistance and Financial Assistance) and are incorporated by reference.
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41. Limited Waiver of Sovereign Immunity by Federally Recognized California Indian Tribe The Agency and any of the grant reci pients, contractors and subcontractor s recognize nothing outlined in these assurances shall be constructed as c onsent by any Federally recognized Calif ornia Indian tribe to be bound by the laws of the State of California or the laws of the United States to which the Federally recognized California Indian tribe is not bound, except as expressly ag reed herein. This limited waiver of sovereign immunity shall be strictly construed.
IMPORTANT
The purpose of the assurance is to obtain Federal and Stat e 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 these assurances. These assurances are binding on the Agency, its successors, transferees, assignees, etc. as well as any of its principals, contractors, and subcontractors. 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 the Agency: (1) 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. The Agency is encouraged to consult with its counsel prior to signing and submitting these Standard Assurances when accepting its grant award allocation.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the above-named Agency. The Agency understands that failure to comply with any of the assurances may result in suspension, termination, reduction, or de-obligation of funding. The Agency agrees to repay funds in the event there is a violation of grant assurances.
Name of Agency:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Email Address: ____________________________________________________________
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD Carlsbad Police Department, City of Carlsbad
9/30/2026
[email protected]
Christie Calderwood
Police Chief
EXHIBIT C
Homeland Security Grant Program – FY2025 Operation Stonegarden Grant (OPSG)
REQUIRED FEDERAL GRANT PROVISIONS
1. Termination for Default.
In the event of Contractor's breach of this Agreement, C ounty shall have the right to terminate this Agreement in whole or in part.
(a) Prior to termination for default, Contracting Officer will send Contractor written notice specifying the default.
Contractor shall have ten (10) days from issuance (unless a different time is given in the notice) to respond to the notice as directed by County to acknowledge the default or show cause as to why Contractor is not in default. Such notice may provide Contractor the opportunity to cure the default or to demonstrate progress towards curing the default. If Contractor fails to respond, or if Contractor’s response is not satisfactory to the County, County may terminate this Agreement for default upon written notice from Contracting Officer.
(b) If County determines that the default contributes to the curtailment of an essential service; poses an immediate threat to life, health, or property; or constitutes fraud or other serious misconduct, County may terminate this Agreement for default by written notice from the Contracting Officer.
(c) In the event of termination for default, all finished or unfinished documents, and other materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of County.
(d) If, after termination for default, it is determined for any reason that Contractor was not in default under this Agreement, the rights and obligations of the parties sh all be the same as if terminated for convenience under section 2. “Termination for Convenience.”
2. Termination for Convenience.
The County may, by written notice from Contracting Officer , terminate this Agreement for convenience, in whole or in part, at any time. Upon receipt of such notice, Cont ractor shall promptly report to County all undelivered or unaccepted work performed in accordan ce with this Agreement prior to termination (“Incomplete Work”).
Contractor may, at County’s option, be required to complete some or all Incomplete Work during disentanglement.
(a) The County shall pay Contractor as full compensation for work performed and costs of termination:
i. The unit or pro rata price for any delivered and accepted portion of the work. ii. Actual and reasonable Contractor costs for Incomplete Work not mitigable or otherwise recoverable by Contractor. Such compensation shall not exceed the unit or pro rata price due to Contractor had the work been completed.
(b) In no event shall the County be liable for any loss of profits or any other consequential damages.
(c) County's termination of this Agreement for convenience shall not preclude it from changing the termination to a default, as set forth in section 1. of this Agreem ent, nor from taking any action in law or equity against Contractor for:
i. Fraud, waste, or abuse of Agreement funds, or
ii. Improperly submitted claims, or
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iii. Any failure to perform the work in accordance with the Statement of Work, or iv. Any breach of any terms or conditions of the Agreement, or v. Any actions under any warranty, express or implied, or vi. Any claim of unprofessional negligence, or
vii. Any other matter arising from or related to this Agreement, whether know, knowable, or unknown before, during, or after the date of termination.
3. Equal Opportunity.
Contractor shall comply with Federal and State equal employment opportunity laws, including, but not limited to, the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation terms, conditions or privileges of employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status.
4. Davis-Bacon Act. [for construction contracts more than $2,000] Work to be performed by Contractor in accordance with this Agreement is a “public work” under Labor Code section 1720, et seq. and is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. If Contractor will receive federal funds, this Agreement may also be subject to the payment of prevailing wages pursuant to the Davis-Bacon Act, 40 USC § 3141 et seq ., and other federal laws. It is the sole responsibility of Contractor to ensure that all workers who perform work pursuant to this Agreement are paid the correct rate of prevailing wages. Contractor waives and releases any ri ghts it may have under Labor Code section 1726 and 1781 to seek recovery of costs from the County. When working on a federally funded project, Contractor shall ensure that all workers entitled to the payment of prevailing wages receive the higher of the applicable State or federal prevailing wage.
County has obtained from the Director of the California Department of Industrial Relations general prevailing wage determinations for the locality in whic h work is being performed. These determinations are on file and available in the Department of Purchasing and Contracting, 5560 Overland Avenue, Suite 270, San Diego, CA 92123, and are available from the Department of Industrial Relations on the internet at www.dir.ca.gov. Federal prevailing wage rates are available from the U.S. Department of Labor on the internet at www.access.gpo.gov.
Contractor acknowledges that because portions of the work to be performed by Contract or may be subject to the payment of State and federal prevailing wages, certain requirements must be included in this Agreement. Contractor certifies that it is generally aware of State and fede ral prevailing wage requirements and shall be bound by these requirements to the extent applicable to the work performed, including, but not limited to, the following:
(a) If a worker is paid less than the prevailing wage rate owed for a day or portion of a day, Contractor shall pay the worker the difference between the prevailing wage rate and the amount actually paid as specified in Labor Code section 1775;
(b) Contractor shall maintain and make available payroll and worker records in accordance with Labor Code sections 1771.4(a)(3), 1776 and 1812;
(c) If apprentices are employed on the project, Contractor shall ensure compliance with Labor Code section 1777.5;
(d) Contractor is aware of the limitations imposed on ov ertime work by Labor Code section 1810, et seq. and shall be responsible for any penalties levied in acco rdance with Labor Code section 1813 for failing to pay required overtime wages;
(e) Contractor shall be bound by each of the stipulations set forth at 40 USC § 3142(c), including the obligations to a) pay all laborers or mechanics employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at the time of payment, computed at the required wage rate; b) post the applicable prevailing wage scale in a prominent and Sept. 29, 2026
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accessible place at the work site; and c) agree that there may be withheld from accrued payments funds necessary to ensure workers are paid the required wage rate; (f) In accordance with 40 USC § 3143, all or part of this Agreement may be terminated for failure to pay the required prevailing rate of wages;
(g) In accordance with 8 Cal. Code Reg. section 16451(d), the applicable prevailing wage determinations shall be posted at each job site and Contractor will be responsible for posting the notice required by 8 Cal. Code Reg. section 16451(d) at each job site. Posters are available on the CMU website, at the Division of Labor Standards Enforcement District Offices or by emailing a request to [email protected]; and (h) Contractor and all subcontractors must comply with the requirements of Labor Code section 1771.1 pertaining to the registration of contractors pursuant to Labor Code section 1725.5. Registration and all related requirements of those sections must be maintained through out the term of this Agreement. This project is a “public work” in accordance with Labor Code §1720, et seq. It is the sole responsibility of the Contractor to ensure that all workers employed in the execution of the Agreement are paid the correct prevailing rate of wages. The County has obtained from the director of the Department of Industrial Relations general prevailing wage determinations for the locality in which the work is to be performed. The determinations are on file and available in the County of San Diego Department of Purchasing and Contracting; 5560 Overland Ave., Ste. 270, San Diego, CA 92123-1204 and are available from the Department of Industrial Relations on the internet at http://www.dir.ca.gov/DLSR/PWD/index.htm.
5. Copeland Anti-Kickback Act. [for construction or repair contracts more than $2,000]
(a) Contractor. The Contractor shall comply with 18 U.S.C. 874, 40 U.S.C. 3145, and the requirements of 29 C.F.R. 3 as may be applicable, which are incorporated by reference into this Agreement. (b) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal funding agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses.
(c) Breach. A breach of the contract clauses above may be grounds for termination of the Agreement, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. 5.12.
6. Contract Work Hours and Safety Standards Act. [for contracts more than $100,000 that involve the employment of mechanics or laborers]
If mechanics or laborers are to be employed under this Ag reement, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR 5). Contractor shall compute the wages of every mechanic and laborer on the b asis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Contractor shall not require any laborer or mechanic to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous.
7. Clean Air Act and The Federal Water Pollution Control Act. [for contracts more than $150,000] Contractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§ 7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §§ 1251 et seq.). Contractor shall report each violation to the USDA and the appropriate EPA Regional Office as required.
In addition, contractor shall report each violation to the County (and understands and agrees that the County will, in turn, report each violation as required to assure notification to the appropriate federal agency) and the appropriate Environmental Protection Agency Regional Office.
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Contractor shall include this requirement in each subcontract exceeding $150,000 financed in whole or in part with Federal Assistance.
8. Debarment and Suspension.
Contractor certifies that, to the best of its knowledge, and except as disclosed to County and acknowledged in writing by County prior to the execution of this Agreement, Contractor and members of its Workforce:
(a) Are not presently debarred, excluded, suspended, declar ed ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension, or ineligibility by any federal, state, or local department or agency; (b) Have not within a 3-year period preceding this Agreement been convicted of, or had a civil or administrative judgment rendered against them for, the commission of fraud or a criminal offense or civil action in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction; violation of federal or State anti-trust statutes or commission of embe zzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property; physical, financial or sexual abuse or misconduct with a patient or client, or medical negligence or malpractice; (c) Are not presently indicted or otherwise criminally, civilly, or administratively charged by a government entity (federal, State, or local) with commission of any of the offenses enumerated in the paragraph above; (d) Are not presently the target or subject of any investiga tion, accusation, or charge related to the conduct of business by any federal, state, or local agency or law enforcement, licensing, certification, labor standards, occupational safety, ethics, or compliance body;
(e) Are not proposed for debarment by any state, local, or federal department or agency; (f) Do not have a judgment rendered against them by a body described in section 27. e. above that is unsatisfied; and
(g) Have not within a three (3) year period preceding this Agreement (i) been found in violation or had a judgment rendered against them resulting from the type of investigation, accusation, or charge described in section 27. d. or (ii) had one or more public transactions (Federal, State, or local) terminated for cause or default.
Contractor shall have an ongoing duty during the term of this Agreement to disclose to the County any occurrence that would prevent Contractor from making the certifications contained in this section 27 on an ongoing basis.
Such disclosure shall be made in writing to the COR and the County Office of Ethics and Compliance within five (5) business days of when Contractor discovers or reasonably believes there is a likelihood of such occurrence.
This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by County. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
9. Byrd Anti-Lobbying Amendment.
In accordance with 31 U.S.C. 1352 and related regulations, (a) Contractor cer tifies, and shall require each lower- tier recipient (as that term is defined in 31 U.S.C. 1352) to certify to the tier above, that it will not and has not used federal 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 obtaini ng any covered federal contract, gran t or any other award covered by 31 U.S.C. 1352, and (b) Contractor shall disclose, and sha ll require each lower-tier recipient to disclose to the tier Sept. 29, 2026
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above, any lobbying with non-federal f unds that takes place in connection w ith obtaining any covered federal award.
10. Procurement of Recovered Materials.
Contractor shall comply with 2 CFR part 200.323 and shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity ac quired during the preceding fiscal year exceeded $10,000.
Contractor certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements.
(a) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(b) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program.
(c) Contractor also agrees to comply with all other appl icable requirements of Section 6002 of the Solid Waste Disposal Act, including the following:
i. For contracts over $100,000 in total value, Contractor shall estimate the percentage of total material utilized for the performance of th e Agreement that is recovered materials and shall provide such estimate to County upon request.
11. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
In accordance with 2 CFR part 200.216, Contractor and its subcontractors are prohibited from expending funds under this Agreement to:
(a) Procure or obtain;
(b) Extend or renew a contract to procure or obtain; or (c) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system . As described in Public Law 115-232, section 889, covered telecommunications equi pment is telecommunications e quipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably be lieves to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
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12. Domestic Preferences.
In accordance with 2 CFR 200.322, as appropriate and to the ex tent consistent with law, Contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement shall be included in all subcontracts under this Agreement.
(a) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States. (b) “Manufactured products” means items and construction ma terials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polym er-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
13. Contracting with Small Businesses, Minority Businesses, Women's Business Enterprises, Veteran-Owned Businesses, and Labor Surplus Area Firms.
When possible, Contractor should ensure, in accordance with 2 C.F.R. § 200.321 “Contracting with small businesses, minority businesses, women’s business enterprises, veteran- owned businesses, and labor surplus area firms,” that small businesses, minority businesses, women’s business ente rprises, veteran-owned businesses, and labor surplus area firms are considered for work under the Agreement by:
(a) Including such businesses on solicitation lists;
(b) Soliciting such businesses whenever they are deemed eligible as potential sources; (c) Dividing procurement transactions into separate proc urements to permit maximum participation by such businesses;
(d) Establishing delivery schedules that encourage participation by such businesses; and (e) Using organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
14. Audit.
Contractor shall annually engage a Licensed Certified Pub lic Accountant licensed to perform audits and attests in the State of California to conduct an annual financial audit of the organization. Contractors that expend $1,000,000 or more of federal grant funds per year shall have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App.
XI). Contractors that are commercial organizations (for-profit) are required to have a non-federal audit if, during its fiscal year, it expended a total of $750,000 or more under one or more HHS awards. 45 CFR part 74.26(d) incorporates the threshold and deadlines of the Compliance Supplement but provides for-profit organizations two options regarding the type of audit that will satisfy the audit requirements. Contractor shall include a clause in any agreement entered into with an audit firm, or notify the a udit firm in writing prior to the audit firm commencing its work for Contractor, that the audit firm shall, pursuant to 31 U.S.C. 7503, and to the extent otherwise required by law, provide access by the federal government or other legally required entity to the independent auditor’s working papers that were part of the independent auditor’s audit of Contractor. Contractor shall submit two (2) copies of the annual audit report, the audit performed in accordance with the Compliance Supplement, and the management letter to the County fifteen (15) days after receipt from the independent Certified Public Accountant but no later than nine (9) months after the Contractor’s fiscal year end.
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FY 2025 Operation Stonegarden Grant – Certification Regarding Lobbying Page 1 | 2
EXHIBIT D
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
CERTIFICATION REGARDING LOBBYING UNDER FY2025 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.
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FY 2025 Operation Stonegarden Grant – Certification Regarding Lobbying Page 2 | 2
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
CERTIFICATION REGARDING LOBBYING UNDER FY2025 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: _____________________________
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD Carlsbad Police Department, City of Carlsbad
9/30/2026
Christie Calderwood
Police Chief
APPENDIX A
U.S. Department of Homeland Security
U.S. Customs and Border Protection
Operations Order Report
Op Order Name: SDC/SDSO Operation Stonegarden (OPSG) FY2025 Op Order Number: 25-SDCSDC-09-001
Op Dates: From: 09/01/2025 To: 08/31/2026 (POP)
Report Date: 11/26/2025
(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 UNCLASSIFIED//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)
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,
Operational documents contain shared intelligence, information, targeted enforcement information, Personally Identifiable Information (PII) of USBP and partner State, Local, and Tribal law enforcement entities. PII 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 la
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 $7,400,000 via Operation Stonegarden (OPSG) will be utilized by a total of 19 partner law enforcement agencies from local units of government within San Diego County, Sheriff's Offices from San Diego, Orange, Ventura, Santa Barbara, San Luis Obispo, Monterey, and San Mateo Counties, as well as California State Agencies to target border-related crime in the U.S./Mexico Border area and the Office (SDSO) will be the OPSG Grant
Administrator. The point-of contact (POC) will be Lieutenant Michael Gonzales. The U.S.
Border Patrol (USBP) San Diego Sector Chief Patrol Agent will have operational oversight. The POC will be Assistant Chief Patrol Agent Anna Sofchek.
The USBP San Diego Sector Chief Patrol Agent (CPA), 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.
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 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 unique jurisdictional capabilities in order to collaboratively address border security issues.
Historically, San Diego County 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 (SDC) includes approximately 60 miles of international land border, and the responsibility of the San Diego Sector 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 area of responsibility (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 Domestic 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 400 miles north in Monterey, Santa Cruz and San Mateo counties.
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD Since its inception, the intent of OPSG has been to enhance law enforcement Department of Homeland Security Appropriations Act 2010 (PL 111-83), via the Homeland Security Grant Program, allocated $81 million in FY 2025 OPSG grant 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 and the San Diego County have
been awarded $7,400,000 in FY 2025 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.
S
in the United States. The corridor includes the cities of San Diego, Imperial central corridor is comprised primarily of a blend of sparsely populated remote and rural wilderness areas. The eastern corridor consists of rural mountain and ranching enclaves with populations ranging from a few hundred up to several thousand.
Orange County through San Mateo County represents a rugged coastline along with varying weather. Ventura and Santa Barbara Counties include the Channel Islands. These islands are remote and desolate and represent an area of great concern for the San Diego Sector.
California State Parks and the California Highway Patrol are working together in those counties as the Maritime threat continues to move north along the California Coast.
Weather conditions vary greatly throughout the San Diego Sector. The western corridor generally maintains year-round mild temperatures that average 50 to 80 degrees. The central and eastern corridors can experience extremes in temperatures ranging from subfreezing to well over 100 degrees. Eastern portions of the County can experience occasional snowfall and high winds. In addition, the western portion of the San Diego Sector experiences frequent coastal eddies (a combination of low clouds and fog), which extend several miles inland.
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD 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 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:
California Department of Fish and Wildlife
California Department of Parks and Recreation
California Highway Patrol
Carlsbad Police Department
Chula Vista Police Department
El Cajon Police Department
Escondido Police Department
La Mesa Police Department
Oceanside Police Department
Orange County Sheriff's Department
Port Hueneme Police Department
San Diego Harbor Police Department
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Docusign Envelope ID: C2EDF25C-2C55-8318-81E9-4A54262146BD San Luis Obispo County Sheriff's Office
Santa Barbara County Sheriff's Office
University of California San Diego Police Department
Ventura County Sheriff's Office
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