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HomeMy WebLinkAboutStone Garden Budget and Programmatic Documents2010 OPERATION STONEGARDEN IIBIT A: BUDGET WORKSHEET Budget Narrative Category A B C D E F G H I ;cy Name Operational Fringe Vehicle Maint Equip New/Replace Fuel Costs Mileage Flight Costs Travel Total OT % of OT Benefits Maint Equip Total )iego County Sheriffs Department $ 1.267.848 $ 80,078 $ 7,200 $ 61,056 $ - $ - $ 106,610 $ 62,645 $ - $ 1,585,437 79.97% )iego County Probation $ 352,973 $ 18,202 $ - $ 83,190 $ - $ 6,000 $ - $ - $ 460,366 76.67% bad Police Department $ 193,162 $ 2.801 $ - $ - $ 60,000 $ - $ 16,200 $ - $ - $ 272,162 70.97% i Vista Police Department $ 202,556 $ 13,937 $ 80,000 $ 4,200 $ 100,305 $ - $ - $ - $ - $ 400,998 50.51% iado Police Department $ 93,106 $ 9,877 $ - $ - $ 15,500 $ - $ 13,500 $ - $ - $ 131,982 70,54% ion Police Department $ 112,714 $ - $ - $ - $ - $ - $ 2,700 $ - $ - $ 115,414 97.66% -idido Police Department $ 106,429 $ 6,833 $ - $ - $ 163,260 $ - $ - $ - $ - $ 276,521 38.49% . sa Police Department $ 144,407 $ 20,246 $ - $ 947 $ 99,820 $ - $ 7,000 $ - $ - $ 272,420 53.01 % nal City Police Department $ 337,480 $ - $ - $ - $ 319,550 $ - $ - $ - $ - $ 657,030 51.36% nside Police Department $ 206,514 $ 2,994 $ 14,963 $ - $ 492,450 $ 19,872 $ - $ - $ - $ 736,793 28.03% )iego Harbor Police $ 205,570 $ 25,265 $ 12,500 $ - $ 60,000 $ 58,240 $ - $ - $ - $ 361,574 56.85% )iego Police Department $ 1,063,901 $ - $ 52,032 $ - $ 109,639 $ - $ 60,000 $ 49,440 $ - $ 1,336,012 79.69% 3e County Sheriffs Department $ 207,331 $ 14,928 $ 26,928 $ - $ 444,276 $ 43,680 $ - $ 91,656 $ - $ 828,799 25.02% ighway Patrol $ 500,502 $ - $ - $ - $ - $ - $ 57,200 $ 96,600 $ - $ 654,302 76.49% epartment of Fish and Game $ 110,400 $ 8,446 $ - $ - $ 5,000 $ 1,931 $ 5,000 $ - $ 2,904 $ 133,681 82.58% epartment of Motor Vehicles, Investigators $ 205,568 $ - $ - $ - $ 149,496 $ - $ 9,600 $ - $ - $ 364,664 56.37% epartment of Parks and Recreation (State Parks) $ 151,840 $ 2,202 $ 8,000 $ 636 $ 94,200 $ - $ - $ - $ - $ 256,878 59.11 % I Total San Diego County Region $ 5,462,300 $ 205,807 $ 201,623 $ 66,839 $ 2,196,686 $ 123,723 8 283,810 $ 300,341 $ 2,904 $ 8,844,033 61.76% AGREEMENT FOR THE 2010 OPERATION STONEGARDEN GRANT PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), the SAN DIEGO UNIFIED PORT DISTRICT ("SDUPD"), the COUNTY OF ORANGE ("OC"), the CALIFORNIA HIGHWAY PATROL ("CLIP"), the CALIFORNIA DEPARTMENT OF FISH AND GAME ("DEG"), the CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ("DMV"), and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ("DPR"), collectively the "PARTIES", for program support of the 2010 Operation Stonegarden Grant ("OPSG"). Party Departments Or Agencies Participating In The Agreement For the COUNTY, participating agencies are the Sheriffs Department and the Probation Department. For the CITIES, participating agencies are the police departments. For the OC, participating agency is the Sheriff's Department. SDUPD, CHP, DFG, DMV and DPR do not have subordinate agencies or department participants. The services and obligations ofPARTIES and their participating; departments or agencies are set forth herein. RECITALS WHEREAS, COUNTY through SHERIFF received funds from the U.S. Department of Homeland Security (DHS) passed through the California Emergency Management Agency (CaiEMA), under the Fiscal Year (FY) 2010 Operation Stonegarden Grant (OPSG) Program; and WHEREAS, funds shall. he used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States; and WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services; and WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation; and WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 2 dated November 9, 2010, approved and authorized the SHERIFF to execute expenditure contracts to use FY2010 OPSG grant funds to reimburse all PARTIES for overtime expenses; equipment and vehicle purchases; fuel, mileage, flight, and vehicle and equipment maintenance costs incurred in OPSG activities not to exceed $7,258,596, as described in Exhibit A — Budget Worksheet, during the project period beginning October 1, 2010 through April 30, 2013; and WHEREAS, PARTIES agree to maintain documentation supporting all expenditures reimbursed from Operation Stonegarden (OPSG) grant funds, ensure all expenditures are allowable under grant requirements, adhere to authorized procurement methods and submit an organization -wide financial and compliance audit report if $300,000 or more of OPSG federal funds are expended in a fiscal year. The documentation and records shall be maintained and retained in accordance with OPSG grant requirements and shall he available for audit and 2 inspection. The audit shall be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and OMB Circular A-133. For accounting purposes, the following is a description of these funds: Federal {Grantor Agency: U.S. Department of Homeland Security; Pass Through Agency: California Emergency Management Agency (CAI.,EMA); Program Title: Homeland Security Grant Program; Federal CFDA Number: 97.067; and WHEREAS, PARTIES agree to Exhibit B - FY10 Grant Assurances as set forth by the California Emergency Management Agency; NOW THEREFORE, for consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will fund, and PARTIES will provide, a level of OPSG services, as set firth in this Agreement. AGREEMENT I. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the OPSG proposal submitted to and awarded by the U.S. Department of Homeland Security passed through the California Emergency Management Agency, under the FY 2010 Operation Stonegarden Grant. II. SCOPE OF SERVICES A. Method of Service Delivery SHERIFF will maintain the OPSG grant and will he administratively responsible for coordination of PARTIES' obligations under this Agreement. The SHERIFF'S OPSG will he staffed as described in section IV. - Standards of Service: Obligations of the PARTIES. 3 B. Overview Of Basic Services PARTIES will provide OPSG activities ("Activities") by increasing law enforcement presence in their• designated areas of jurisdiction or in coordination with other OPSG partner• agencies in order to support the U. S, Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region to improve border security. The PARTIES will enforce local and state laws will not enforce immigration laws on behalf of Customs and Border Protection/Border Patrol. Ill. TERM OF AGREEMENT A. initial Terns The term of this Agreement shall be retroactive to midnight on October I, 2010, and shall continue in effect through and terminate at midnight on April 30, 2013; subject to the termination provision in section 1I1. B. and III, C. below. B. Option to Extend Renewal or extension of the Agreement beyond April 30, 2013, shall be subject to remaining grant funds and to a time extension approved by the U.S: Department of Homeland Security (DI -IS) through the California Emergency Management Agency (Ca1EMA). C. Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety -day (90) minimum written notice to the other PARTIES. 4 IV. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES A. Anticipated Outcome The anticipated outcome of the OPSG Activities to he provided by PARTIES under this Agreement is increased law enforcement presence in each respective PARTY 's designated area of jurisdiction in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in tl-ic region to improve border security and reduce border related crime. The law enforcement agencies that elected to participate in OPSG are San Diego County Probation Department, Carlsbad Police Department , Chula Vista Police Department, Coronado Police Department, El Cajon Police Department, Escondido Police Department, La Mesa Police Department, National City Police Department, Oceanside Police Department, San Diego Police Department, San Diego Harbor Police Department, Orange County Sheriff's Department, California Highway Patrol, California Department of Fish & Game, California Department of Motor Vehicles, and California Department of Parks and Recreation ("Participating Agencies"). The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES and in Exhibit C FY 10 OPSG Operations Order to this Agreement. 1. PARTIES will provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. In addition, PARTIES will utilize their unique investigatory areas of expertise in operations, 5 2. Increase intelligence/infi rmation sharing among PARTIES, including but not limited to the following activities: a. Conduct monthly meetings with a minimum of one representative from each PARTY. b. Increase information sharing during operations. 3. At the conclusion of each shift: funded by Operation Stonegarden, OPSG state/local law enforcement officers will complete a Daily Activity Report (DAR). The DAR will be submitted via email to U.S. Customs and Border Protection (CBP)/Border Patrol Sector Headquarters at: SDCOPSG2009@cbp.dhs.gov and San Diego Sheriffs Department at: stonega�rdc;n_gsdsheriff o ;. The work week for OPSG is Wednesday - Tuesday. B. Personnel Qualifications And Assignment All PARTY personnel who perform OPSG Activities pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification. PARTIES shall provide OPSO with qualified personnel to meet performance standards and scope of service defined herein and as further specified in Exhibit C. 1. Sheriff And County Participating Agency Discretion The management, direction, and supervision of SHERIII<I° OPSG personnel, the standards of performance, the discipline ofdeputies, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF'S sole but reasonable judgment and in accord with the provisions of applicable labor 6 agreements. SHERIFF shall be the appointing authority for all SHERIFF personnel provided to OPSG by this AGREEMENT. Similarly, the County Participating Agency shall he responsible for the management, direction and supervision of its own OPSG personnel; the standards of performance, personnel discipline, and all other matters incident to the performance of such services, through the sole but reasonable judgment of the County Participating Agency and in accord with applicable labor agreements. Non -County PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in COUNTY'S performance of this Agreement. 2. Non -County Parties' Discretion The management, direction, and supervision of non -County PARTY OPSG personnel, the standards of performance, the discipline of officers and/or non -sworn personnel, and all other matters incident to the performance of such services, shall be performed by and be the individual responsibility of each respective non -County PARTY in each respective non -County PARTY'S sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each non -County PARTY shall be the appointing authority for its respective personnel provided to the OPSG by this Agreement. COUNTY and SHERIFF shall have no liability for any direct payment of' salary, wages, indemnity, or other compensation or benefit to persons engaged in non -County PAR'I'Y's performance of this Agreement. 7 3. Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the OPSG, The other County Participating Agency and each non -County PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each party shall implement, as needed, appropriate procedures governing the pertormance of all requirements under this Agreement and shall he responsible fir meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 4. Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to OPSG Activities at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 5. Equipment and Supplies COUNTY through SHERFF will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Activities. Similarly, County Participating Agency will provide its respective OPSG personnel with all supplies and equipment necessary to pertorm OPSG Activities. Non -County PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to petlin-m OPSG Activities unless otherwise specified in Exhibit C. 8 PARTIES are responsible for the procurement of their own equipment to be used in OPSG Operations, V. COST OF SERVICES/CONSIDERATION A. General As full consideration for the satisfactory performance and completion by PARTIES of OPSG Activities set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform OPSG Activities on the basis of invoices and submittals as set forth hereunder. Sueh payments by COUNTY through SHERIFF are dependent on the continued availability of grant funds from the U.S. Department of Homeland Security (DHS) passed through the California Emergency Management Agency (Ca1EMA). B. Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform OPSG Activities based upon available funding and the actual costs incurred by PARTIES to provide Activities under this Agreement. C. Method of Payment l . PARTIES shall submit correct and complete reimbursement forms, itemized invoices, labor reports, tinlesheets, and any other related supporting documentation that represents amounts due under this Agreement to include expenditure corrections and back billings to SHERIFF no later than the final business day of the subsequent month fi oin the month being claimed to: San 9 Diego County Sheriff's Department, Giants Unit, Ref: OPSG, P, O. Box 939062, San Diego, CA 92193, a, Reimbursement forms, invoices, purchases orders, contracts, labor reports, tinesheets, and other related supporting documentation must have the signature of PARTY's designated coordinator or his or her designee, certifying that the invoice, timesheets, and related documentation are true and correct. b. PARTIES shall provide payroll records for each and every 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 overtime worked and fringe benefit rate and cost. PARTIES shall slake available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement. 2. Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. VI. INDEMNIFICATION RELATED T() WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS ANI) LIABILITY ISSUES A. Workers Compensation And Employment 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 10 costs), costs, damages or liabilities arising from or related to (I) 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 Iinlitation, 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. 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' dies 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 agency or any contract labor provider retained by the 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 law enforcement agency or any contract labor provider retained by the law enforcement agency. 11 B. Indemnification Related To Acts Or Omissions; Negligence 1. Claims Arising From Sole Acts or Omissions of County The COUNTY hereby agrees to defend and indemnify the Non -County PARTIES, their agents, officers and cnlployces, from any claim, action or proceeding against the Non -County PARTIES arising solely out of thc acts or omissions of COUNTY in the performance of this Agreement. At its sole discretion, each Non - County PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve COUNTY of any obligation imposed by this Agreement. Each Non -County PARTY shall notify COUNTY promptly of any claim, action or proceeding and cooperate fully in the defense. 2. Claims Arising From Sole Acts or Omissions of lion -County PARTIES Each Non -County PARTY hereby agrees to defend and indemnify the COUNTY, its agents, officers and employees from any claim, action or proceeding against COUNTY, arising solely out of the acts or omissions of a respective NonCounty PARTY in the performance of this Agreement. At its sole discretion, COUNTY may participate at its own expense in the defense ofany such claim, action or proceeding but such participation shall not relieve Non -County PARTIES of any obligation imposed by this A.greement. COUNTY shall notify Non -County PARTIES promptly ofany claim, action or proceeding and cooperate fully in the defense. 3. Claims Arising From Concurrent Acts or Omissions COUNTY hereby agrees to defend itself, and each Non -County PARTY hereby agrees to defend itself, fl'oni any claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY and Non -County PARTIES. In such cases, COUNTY 12 and each Non -County PARI,Y agrees to retain its own legal cciunsel, bear its own defense costs, and.waive its right to seek reimbursement of such costs, except as provided in paragraph 5 below. 4. Joint Defense Notwithstanding paragraph 3 above, in cases where COUNTY and Non -County PARTIES agree in writing to a joint defense, COUNTY and Non -County PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions ofNon-County PARTIES and COUNTY. Joint. defense counsel shall be selected by mutual agreement of COUNTY and Non -County PARTIES. COUNTY and Non -County PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below, COUNTY and Non -County PARTIES further agree that none of the PARTIES may hind the others to a settlement agreement without the written consent of both COUNTY and PARTIES. 5. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, COUNTY and Non -County PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. VII. GENERAL PROVISIONS A. Independent Contractor• Status In the performance of services under this Agreement, COUNTY and and Non - County PARTIES acknowledge and agree that COUNTY and its respective officers, 13 agents and/or employees shall be deemed independent contractors and not officers, agents or employees of Non -County PARTIES; and Non -County PARTIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of COUNTY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by Non -County PARTIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their respective agencies and each agency assumes full responsibility for the actions of such personnel in the performance of services hereunder. COUNTY and Non -County PARTIES acknowledge and agree that COUNTY does not control the manner and means of performing the work of Non -County PARTIES' officers, agents or employees who perform OPSG Activities, nor does COUNTY have the right to hire or terminate employment of such officers, agents or employees. Non -County PARTIES do not control the mariner and means of periorining the work of COUNTY officers, agents or employees who perform OPSG Activities, nor do Non -County PARTIES have the right to hire or terminate employment of such officers, agents or employees. COUNTY has no authority of any kind to bind Non -County PARTIES, and Non -County PARTIES have no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act, or represent itself directly or by implication as an agent of Non -County PARTIES, or in I any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of Non -County PARTIES. Non -County PARTIES shall not act or attempt to act, or represent themselves directly or by implication as agents of COUNTY or SHERIFF, or in any manner assure or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY. B. Notices Any notice, request, demand or otl.ier 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 i llows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriff's Department P. O. Box 939062 San Diego, CA 92193 To Non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police El Cajon Police Department 100 Fletcher Pkwy El Cajon, CA 92020 Chief of Police La Mesa Police Department 8085 Universrty Ave La Mesa, CA 91942 15 Chief of Police National City Department 1200 National City Blvd National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway, San Diego, CA 92101 Sheriff Orange County Sheriff's Department 550 N. Flower Street Santa Ana, CA 92703 Chief of Enforcement California Department offish and Game 1416 91h Street, Room 1326 Sacramento, CA 95829 Chief California Department of Parks and Recreation 1416 9th Street Sacramento, CA 95814 Chief of Police Oceanside Police Department 3855 Mission Ave Oceanside, CA 92058 Chief of Harbor Police San Diego Harbor Police Dept 3380 N, Harbor Dr. San Diego, CA 92101 Chief California Highway Patrol 4902 Pacific Highway San Diego, CA 92110 Chief of Investigations Division California Department of Motor Vehicles 2120 Broadway, Sacramento, CA 95818 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 actually received. C. Amendment; Assignment 'Phis 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 16 assign any of its rights or delegate any of its obligations hereunder without the prior written consent: of the other PARTIES. Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and Non -County PARTIES with respect to the subject natter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. E. Construction This Agreement will be deemed to have been made and shall he 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: he used to construe, interpret, expand, or limit the terms ofthe Agreement and shall not he construed against any one party. F. Waiver A waiver by COUNTY or Non -County PARTIES ofa breach of any oi'the covenants to be performed by COUNTY or Non -County PARTIES shall not be construed as a waiver of any succeeding breach ofthe same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or Non -County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. G. Authority to Enter Agreement 17 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. H. Cooperation COUNTY through SHERIFF and NonCounty PARTIES will cooperate in good faith to implement this Agreement. 1. 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. J. Severability This Agreement is subject to all. applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit ofthis 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 he severable and shall continue in full force and effect. K. 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. Department of Homeland Security through the California Emergency Management Agency imposes any budget requirements l 8 or limitations applicable to this Agreement and the services to be provided hereunder, then (I) to the extent any o f the changes are of mandatory application, such change(s) shall apply to the PARTIES and this Agreement, and this Agreement shall be deemed to be -amended to he 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 ehange(s) shall not affect this Agreement or the right or obligations of COUNTY and SHERIFF, and Non -County PARTIES, under this Agreement unless the PARTIES mutually agree to subject themselves to such changes(s). L. Representation PARTIES' Chief, or their respective designee, shall represent PARTIES in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. M. Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer•within 10 (ten) business days after receiving notice of the dispute to resolve the dispute. N. Termination of Funding In the event that funding for reimbursement of costs related to OPSG Activities is terminated by the U.S. Department of Homeland Security through the Calilbrnia Emergency Management Agency, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to I9 provide OPSG Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of OPSG Activities through alternate irieans. O. Obligation This Agreement shall be binding upon the successors of the PARTIES. This Agreement: is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. • IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this _ day of ..._....._._. , 2010. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SIHERIF)1<'S DEPARTMENT PROBATION DEPARTMENT William D. Gore Mack Jenkins Sheriff Chief CARLSBAI) POLICE C.NUI,,A VISTA DEPARTMENT POLICE DEPARTMENT Gary Morrison David 13ejarano Chief Chief 20 CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Lou Scanlon Pat Sprecco Chief Chief ESCONDIDO POLICE LA MESA POLICE DEPARTMENT POLICE DEPARTMENT Jim Maher Alan Lanning Chief Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPARTMENT DEPARTMENT Adolfo Gonzales Frank McCoy Chief Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT William Lansdowne Mayor Jerry Sanders Chief Or designee SAN DIEGO HARBOR POLICE ORANGE COUNTY DEPARTMENT SHERIFF'S DEPARTMENT John Bolduc Sandra Hutchens Chief Sheriff 21 CALIFORNIA IIIGHWAY CALIFORNIA DEPARTMENT PATROL OF FISH AND GAME Jim Abele Chief, Border Division Paul Hamdorf Assistant Chief CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES OF PARKS AND RECREATION Kathryn Door Clay Phillips Chief, Investigations (A) District Superintendent Approved s to form and legality: S . N I oI O OUNTY COUNSEL lia n 1! Pe. ingill Senior Deputy Approved as to farm Jan I. Goldsmith, City Attorney By Deputy City Attorney California Emergency Management Agency FY2010 Grant Assurances (All HSGP Applicants) Name of Applicant: NATIONAL CITY POLICE DEPARTMENT Address: 1200 NATIONAL CITY BLVD. City: NATIONAL CITY State: CA Zip Code: 91950 Telephone Number: 619.336.4432 Fax Number: 619.336.4525 E-Mail Address: agonzales@nat.ionalcityca . gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -granted through the State of California, California Emergency Management Agency (Cal EMA). 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY2010 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. 5. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. Page 1 initials At 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 11. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 12. Understands and 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, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority - owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 14. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 15. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of structures. 16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. 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 gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. Page 2 Initials g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. m. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 17. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which provides 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 interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires 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 ten thousand dollars ($10,000) or more. 19. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 20. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions placed on the project as a result of the EHP review. Any construction - related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are Page 3 Initials ja'` discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office. 21. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 22. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (E012898) and Environmental Quality (EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. 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. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 23. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 24. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the US. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 25. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. Page 4 initials A4 26. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 27. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 29. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 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. 30. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 31. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 33. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally -assisted construction sub -agreements. 34. Agrees 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds 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 an employee of Congress, or employee of a Member Page 5 Initials A. Lt of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. 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. 35. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 36. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. 37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 38. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 39. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 40. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 42. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. Page 6 Initials £I Cr 43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2010 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2010 Homeland Security Grant Program application. Further, use of FY10 funds is limited to those investments included in the California FY10 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 44. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". 45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. 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 (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 46. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on -going drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and Page 7 Initials pt iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will i. Abide by the teens of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 47. Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 48. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds, The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent:. Printed Name of Authorized Agent: ADOLFO GONZALES Title: CEIIEF OF POLICE Date: t - a,Z. - :2- r.� Page 8 OPERATIONS ORDER REPORT U.S. DEPARTMENT OF HOMELAND SECURITY/ U.S. CUSTOMS AND BORDER PROTECTION Op Order Name: FY 2010 OPSG CA -San Diego County Op Order Number: Op Dates: From: 10/01/2010 To: 09/30/2013 Report Date: 09/09/10 Executive Summary I. SITUATION A. General Situation: The events of September 11th, 2001, provided the reality of terrorist attacks within the very confines of the nation. Consequently, the detection and apprehension of terrorists and their weapons attempting entry across the nation's borders has become the Border Patrol's primary mission and a top priority for state and local law enforcement agencies. In addition, greater San Diego County has historically been a highly favored operational area for alien and drug smuggling cartels. The close proximity of Tijuana, Mexico to San Diego, population density, sporadic border infrastructure, and extensive transportation networks leading to the interior immediately north of the border make San Diego a consistently lucrative target. Since 2005, there has been an unprecedented level of cartel -related violence in Baja California. 2008 and 2009 presented particularly violent years with over 900 reported murders linked to drug cartels. The vast majority of the murders were committed south of San Diego County, primarily in the Tijuana, Ensenada, Rosarito, and Tecate municipalities, In addition, border area kidnappings are on the rise and commonly utilized for ransom and/or intimidation purposes. Information generated through OPSG operations has indicated that street gangs within San Diego County play an increasing role in distribution and enforcer duties on behalf of the cartels. The extension of drug - related violence and crime into the greater San Diego area by trans -national criminal enterprises is a very real threat and provides additional impetus for partnerships and a regional border crime approach within the federal, state, and local law enforcement community. Presently, levels of immediate border control for San Diego County's (San Diego Sector) approximate sixty miles of international border range from "Monitored" to "Controlled," As operational control of the border is established within key target zones, smuggling organizations resort to increasingly elaborate methods such as the construction of sophisticated cross -border tunnels and the utilization of boats to further their criminal enterprise. In FY 2009 there were 70 known maritime smuggling events. Coastal border enforcement has become a significant element in the San Diego County Operation Stonegarden (OPSG) effort. Campaign Stronghold, the San Diego Sector's FY 2010 enforcement strategy, will address the specific threats posed by criminal organizations and raise the level of operational control in targeted border zones within the Sector's area of responsibility (AOR). The utilization of intelligence -driven joint operations, forward deployment, detection technology, infrastructure, and enforcement resources is key to controlling the border. Partnerships between federal, state and local agencies facilitated by OPSG are essential in addressing transnational crime and border security. Since its inception, the intent of OPSG has been to enhance law enforcement preparedness and operational readiness along the nation's borders. The Department of Homeland Security (DHS) Appropriations Act, 2010 (Public Law 111-83) allocated $60,000,000 for use at the local level to increase coordination and enforcement capabilities in support of DHS goals including those outlined in the Border Patrol National Strategy. In 2009, San Diego County was awarded $8,844,033.00 for OPSG and an additional $4,992,606.00 (OPSG) via the Supplemental Appropriations Act. This submittal is for the third year of OPSG operations within San Diego County. All local law enforcement agencies within the region are now participants in the program, as is the Orange County Sheriff's Department, whose area of responsibility begins at the San Diego/Orange County line. B. Terrain/Weather: Terrain features within San Diego County include beaches, estuaries, coastal plains, steep canyons and ravines, high desert, and mountains over six thousand feet in elevation. Dense urban environment and sparsely populated remote and rural wilderness areas comprise the county demographic. Weather conditions vary greatly throughout the County from year-round mild temperatures that average 50 to 80 degrees to extremes in temperatures ranging from subfreezing to well over 100 degrees. C. Criminal Element: Transnational smuggling organizations pose significant threats throughout the county. These organizations are sophisticated and well -funded. They utilize counter surveillance, diversions, night vision devices, and secure communications while conducting operations. The murder of cartel rivals, kidnapping for profit/intimidation, and assaults against law enforcement officers are common tactics utilized in furtherance of their criminal enterprise. D. Friendly Forces: U.S. Customs and Border Protection/Border Patrol CBP Air and Marine CBP Field Operations San Diego County Sheriffs Department San Diego County Probation Department San Diego Police Department San Diego Harbor Police Carlsbad Police Department Chula Vista Police Department Coronado Police Department El Cajon Police Department Escondido Police Department La Mesa Police Department National City Police Department Oceanside Police Department Orange County Sheriff's Department California Department of Motor Vehicles California Department of Fish and Game California Highway Patrol California State Parks II. MISSION Department of Homeland Security, CBP/Border Patrol, state, and local law enforcement agencies operating in San Diego and Orange Counties will collaborate to raise border security by: • disrupting, dismantling, and defeating targeted threats • enhancing land/coastal border detection and interdiction capabilities • establishing formal communication and intelligence protocols III, EXECUTION A. Management/Supervisor Intent: In coordination with CBP/Border Patrol; state and local law enforcement agencies participating in OPSG will exercise their unique jurisdictional capabilities in order to collaboratively address border security issues. B. General Concept: Participating agencies will utilize their unique areas of expertise and jurisdictional authority to patrol targeted areas within the county and participate in special operations targeting border nexus crime. Border security threat and operational 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 Maritime Unified Command. This operational concept does not result in a change or extension of Federal authority to state or local law enforcement agencies to enforce Federal immigration laws (Title 8 USC). It is anticipated however, that increased enforcement activities under OPSG will significantly impact the ability of criminal organizations to operate within the greater San Diego area and reduce the threat of border incursions. Participating agencies will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support enforcement operations as identified in the quarterly OPSG Operational Plan(s). C. Specific Responsibilities: A quarterly OPSG plan describing in detail responsibilities and funding requests for the following state and local agencies will be generated for approval by the Chief Patrol Agent -San Diego Sector and Office of Border Patrol (OBP) prior to release of OPSG funds: San Diego County Sheriffs Department San Diego County Probation Department San Diego Police Department San Diego Harbor Police Carlsbad Police Department Chula Vista Police Department Coronado Police Department El Cajon Police Department Escondido Police Department La Mesa Police Department National City Police Department Oceanside Police Department Orange County Sheriffs Department California Department of Motor Vehicles California Department of Fish and Game California Highway Patrol California State Parks D. Coordinating Instructions: The San Diego County Sheriff's Department (SDSD) will be the OPSG applicant and fiscal agent for San Diego County. San Diego Sector Stations will be responsible for providing intelligence to and collaborating with local agencies performing OPSG enforcement activities within their respective AORs. A representative from the Border Patrol and the SDSD will jointly monitor all OPSG-related communications, perform de -confliction, generate and distribute daily participant schedules, collect the daily OPSG Activity Report, and keep appropriate command staffs apprised as necessary. At the conclusion of each shift, OPSG-funded state/local law enforcement officers will complete a Daily Activity Report (DAR). The DAR will be submitted via email to Sector Headquarters at SDCOPSG2008(a7cbp.dhs.gov and SDSD at gavdapia[a,sdsheriff.orq. The Sector OPSG Group will be responsible for compiling daily activity reports and SDSD Financial Services Division will be responsible for tracking OPSG expenditures. Weekly Activity and After -Action Reports will be completed by the Sector OPSG Group and submitted via email to OBP. All source documents (e.g. arrest reports, citations, field interviews, etc.) will be emailed to SDCOPSG2008©cbp.dhs.gov for evaluation. Items of interest will be developed by the Sector Intelligence Division (SID) and forwarded to Station Lead Border Patrol Agents (LBPAs), Smuggling Interdiction Group (SIG), SDSD Criminal Intelligence Division (CID), LECC/RTTAC (Fusion Center), and the OPSG Working Group for action. Intelligence products including mapping, trend analysis, community impact, and target files will be developed via a collaborative effort between the SID, SDSD CID, and LECC/RTTAC. Performance Metrics OPSG impact on border security and public safety will be gauged by several mechanisms: • Statistically tracked events such as traffic stops, citations, misdemeanor/felony arrests, and contraband seizures • SID evaluation of OPSG effect on smuggling/alien traffic patterns • Third party indicators ascertained via crime statistic analysis and community impact data developed by the LECC IV. BUDGET A.1 Cost Estimates/Funding Requests (Year 1) Administration/Logistics/ Budget Request Operational Overtime San Diego Sheriff's Department g p Narrative Justification (Computation of Items) Deputy 2-2 person unit,4 days per week, 10 hour shift 160 hours per week x 52 weeks = 8,320 hrs/yr Cost @ $57.931 hour = $481,978 Resident/Rural Deputy 4-1 person units, 4 days per week, 10 hour shift 160 hours per week x 52 weeks = 8,320 hrs/yr Cost @ $60.551 hour = $503,776 Sergeant 1 Sergeant, 3 days per week, 10 hour shift 30 hrs per week x 52 weeks = 1.560 hrs/yr Cost @ $66.451 hour = $103,662 Resident/Rural Sergeant 1 Sergeant, 3 days per week, 10 hour shift 30 hrs per week x 52 weeks = 1,560 hrs/yr Cost@ $73.101 hour = $114,036 Lieutenant 1 Lieutenant, 1 day per week, 10 hour shift 10 hrs per week x 52 weeks = 520 hrs/yr Cost @ $78.211 hour = $40,669 Dispatcher 1 dispatcher, 1 day per week, 10 hour shift 10 hrs per week x 52 weeks = 520 hrslyr Cost @ $45.63/ hour = $23,728 Federal Request $1,267,848 - San Diego Probation Department Deputy Probation Officers 10 DPO's x 10 hour shift/wk x 52 weeks = 5,200 hours Cost @ $ 48.36/hr = $251,472 Senior Probation Officers 2 SrPO's x 10 hour shift/wk x 52 weeks = 1,040 hours Cost @ $ 53.33/hr = $55,463 Correctiona! Deputy Probation Officer ! 1 CDPO I x 10 hour shift/wk x 12 months = 120 hours Cost @ $ 35.10lhr = $4,212 Correctiona! Deputy Probation Officer 11 1 CDPO II x 10 hours x 12 months = 120 hours Cost @ $ 41.48/hr = $4,978 Probation Aide 1 PA x 10 hours x 12 months = 120 hours Cost @ $ 31.73hr = $3,808 Supervisory Probation Officer 1 SPO x 10 hours x 52 weeks = 520hrs Cost@ $63.541hr = $33,041 $352,973 - Carlsbad Police Department Officer/Corporal 2 officers x 10 hours x 12 shifts/month 240 hrs per month x 12 months = 2,880 hrs Cost @ $ 58.74hr = $169,171 Sergean t 1 sergeant x 8 hours x 3.5 shifts/month 28 hrs per month x 12 months = 336 hrs Cost @ $71.40 hr. = $23,990 $193,162 - Chula Vista Police Department Police Sergeant/Agentiofficer Patrol $202,556 2 officers x 10 hours per day x 2 days per week x 52 weeks = 2,080 hours Special Investigations/Narcotics Unit 7 officers x 10 hours/month x 12 months = 840 hrs Administration/Logistics) Budget Request - Chula Vista Police Department (continuation)2 Narrative Justification (Computation of Items) Task Force Ops Federal Request officers x 10 hours per month x 12 months = 240 hrs Total hours = $3,160 hours per /year Cost @ $64.101 hour = $202,556 - Coronado Police Department Officer 2 officers x 4 shifts a month x 10 hours shifts 80 hrs x 12 months = 960 hrs Cost @ $59.82hour = $57,427 Sergeant 1 Sergeant x 4 shifts a month x 10 hour shifts 40 hrs x 12 months = 480 hrs Cost @ $74.33lhour = $35,678 $93,106 - El Cajon Police Department Officer 2-2 person units, 3 days per month, 10 hr shift = 120 hours per month x 12 months = 1,440 hrs/yr Cost @ $57.53lhour = $82,843 Sergeant 1 Sgt. 3 days per month, 10 hour shift = 30 hours per month x 12 months = 360 hours/yr Cost @ $69.91Ihour = $25,168 Police Dispatcher 1 Dispatcher 1 day per month, 10 hour shift = 10 hours per month x 12 months = 120 hours/yr Cost @ $39.19Ihour = $4,703 $112,714 - Escondido Police Department Weekly operations $106,429 Sergeant 1 Sergeant working 10 hour shift x 15 weeks = 150 hours /yr Cost @ $77.931hour = $11,690 Officers 3 Officers working 10 hour shift x 20 weeks = 600 hourslyr Cost @ $60.25/hour = $36,150 Monthly operations Lieutenant 1 Lieutenant working 10 hour shift x 10 mos = 100 hours /yr Cost @ $86.211hour = $8,621 Sergeant 1 Sergeant working 10 hour shift 10 mos = 100 hours /yr Cost @ $77.931hou r = $7,793 Officers 7 Officers working 10 hour shift x 10 mos = 700 hours/yr Cost {a) $60.251hour = $42,175 - La Mesa Police Department Patrol Ops $144,407 Officer 1 officer x 10 hours per day x 3 days per week x 52 weeks= 1,560 hours Cost @ $57.12/hour = $89,107 Sergeant 1 sergeant x 10 hours per day x 1 day per week x 52 weeks = 520 hours Cost @ $70.19lhour = $36,499 Interdiction Enforcement Officer 7 officers x 10 hours x l opslgtr x 4 qtrs = 280 hours Cost @ $57.12lhour = $15,994 Sergeant 1 sergeants 10 hours x lopslgtr x 4 qtrs = 40 hours Cost @ $70.191hour = $2,808 Administration/Logistics) Budget Request Narrative Justification (Computation of Items) Federal Request - National City Police Department Officers Two officers 3 days per week, 10 hour shift = 40 hours per week x 52 weeks = 3,120 hrs/yr. Cost @ 64.90/hour = $202, 488 One officer 2 days per week, 10 hour shift = 20 hours per week x 52 weeks = 1,040 his/yr. Cost @ 64.90/hour = $67,496 One officer 2 days per week, 10 hour shift 20 hours per week x 52 weeks = 1,040 hrs/yr. Cost @ 64.90/hour = $67,496 $337,480 - Oceanside Police Department Maritime $206,514 Officers 2 officers x 2 days/week x 10 hr shifts = 40 hrs/week x 52 weeks = 2,080 hrs. Cost @ 69.30/hour = $144,144 Landside Coastal Patrol Officers 2 officers x 1 day/week x 10 hr shifts = 20 hrs/week x 45 weeks = 900hrs. Cost @ 69.30/hour = $62,370 San Diego Harbor Police Department Corporals and/or Officers 2 Corporals and/or Officers x 10 hour shifts x 3 days per week x 48 weeks = 2,880 hours Cost @ $58.63lhour =$168,854 Lieutenants and/or Sergeants 2 Lieutenants and/or Sergeants x 10 hour shifts x 2 days per month x 12 months = 480 hours Cost @ $76.49/hour =$36,715 $205,570 - San Diego Police Department Police Officer l! Harbor Unit /Patrol $1,063,901 8 PO lis x 115 days x 10 hour shift = 9,200 hrs Cost @ $61.19/ hour = $562,948 Police Detective 5 Detectives x 100 days x 10 hour shift = 5,000 hrs Cost @ $65.28/hr = $326,400 Police Sergeant Harbor Unit/Patrol 3 Sgts x 50 Days x 10 hour shift 1,500 hrs Cost @ $73.92/hour = $110,880 Detective Sergeant 1 Sgt x 75 Days x 10 hour shift=750hrs Cost @ $77.62/hr = $58,215 Police Officer l! - Pilot 2 pilots x 4 days x 10 hour shift = 80 hours Cost@ 68.23/ hour = $5,458 - Orange County Sheriffs Department Harbor Division $207,331 Sergeant 1-1 person unit x 2 hrs/ wk x 50 weeks = 100 hrs/yr Cost @ $78.441 hour = $7,844 Deputy Sheriff !! 1-2 person unit x 1 day per week, 10 hrs/day x 50 weeks = 1,000 hrs/yr Cost @ $63,24/ hour = $63,240 Administration/Logistics/Budget Request - Orange County Sheriffs Department (continuation) Narrative Justification (Computation of Items) Enforcement Team Federal Request Sergeant 1-1 person unit x 10 hrs/ wk x 48 weeks = 480 hrs/yr Cost @ $78.441 hour = $37,651 Deputy Sheriff 11 1-2 person unit x 10 hrs/wk x 48 weeks = 960 hrs/yr Cost @ $63.24/ hour = $60,710 Air Division Sergeant 1-1 person unit x 2 hrsf wk x 48 weeks = 96 hrslyr Cost @ $78.44r hour = $7,530 Deputy 11 1-1 person unit x 1 day per week, 10 hrs/day x 48 weeks = 480 hrs/yr Cost @ $63.24r hour = $30,355 - CA Highway Patrol Officer 2 officers x 10 hrs/ day x 4 dayslwk x 52 wks = 4,160 Cost @$83.98Ihour = $349,357 Flight Officer 2 flight officers x 8 hrs/day x 1 day/week x 25 weeks Total flight officer hrs = 400 hours/year Cost @$97.67/hour = $39,068 Sergeant 1 sergeant x 5 hrs/ day x 4 days per week x52 weeks Total sergeant hours 1,040 hours/year Cost @$102.04/hour = $106,122 Supervisor Pilot 1 flight supervisor x 2 hrs/ day x 1/wk x 25 weeks Total supervisor flight officer hrs = 50 hours/year Cost a(7,$119.11Ihour = $,5956 $500,502 - CA Department of Fish & Game Warden 2 wardens x 20hrlwk x 46 weeks = 1,840 hrs Cost C7 $60.001hour = $110,400 $110,400 - CA Department of Motor Vehicles Investigators 3 Inv x 8hrs/day x 2 days/wk x 44 weeks= 2,112 hrs Cost @ $79.001hr = $166,848 Supervising Investigator 1 supervisor x 10hrs/wk x 44 weeks = 440 hrs Cost @ $88.00rhr = $38,720 $205,568 - CA State Parks Supervisors and/or Officers 2 Supervisors and/or Officers x 10 hr x 2 dayslwk x 52 weeks =2,080 hours Cost @$73.001hr = $151,840 $151 840 Total Overtime Costs $5,462,300 Fringe Benefits for Peace Officers - San Diego Sheriff's Department Worker's Comp - 4.745% Medicare -1.45% Total Fringe Benefit Rate: 6.2% 6,20% x $1,244,121= $77,135 CC Dispatchers + OASDI 6.2% = 12.4% x 23,728 = $2,942 $80,078 - San Diego Probation Department Worker's Comp = $3.64% Medicare= 1.45% Total Fringe Benefit Rate: 5.09% 5.09% x $347,521= $17,689 Probation Aide + OASDI 6.2% = 11.29% x 2,538 = $287 $18,202 - Carlsbad Police Department Medicare - 1.45% Total Fringe Benefit Rate: 1.45% x $193,162 $2,801 - Chula Vista Police Department FICA = 1.45 % 1.45% x $202,556 = $3,013 K9 handler pay = $11,000 per year $13,937 Administration/Logistics/Budget Request - Coronado Police Department Narrative Justification (Computation of Items) Worker's Comp = $9.158% Medicare= 1.45% Total Fringe Benefit Rate: 10,608% x $93,106 Federal Request $9,877 - El Cajon Police Department None requested $0 - Escondido Police Department Worker's Comp — 3.97% State Unemployment Insurance — 1.0% Medicare — 1.45% Total Fringe Benefit Rate: 6.42% x $106,429 $6,833 - La Mesa Police Department Worker's Comp = 12.57% Medicare= 1.45% Total Fringe Benefit Rate: 14.02% x $144,407 $20,246 National City Police Department None requested $0 Oceanside Police Department FICA = 1.45 °A, x $206,516 $2,994 - San Diego Harbor Police Department Worker's Comp - 4.64% FICA -7.65% Total Fringe Benefit Rate: 12.29% x $205,570 $25,265 - San Diego Police Department None requested $0 - Orange County Sheriff's Department Worker's Comp - 5.15% Unemployment - .60% FICA -- 1.45% Total Fringe Benefit Rate: 7.20% x $207,331 $14,928 CA Highway Patrol Calculations included in OT; unable to separate per CHP HQ $0.00 - CA Department of Fish & Game FICA= 7,65% x $110,400 $8,446 - CA Department of Motor Vehicles Calculations included in OT; unable to separate per DMV HQ; State Benefit Rate 1.5425 $0 - CA State Parks FICA= 1.45% x $151,840 $2,202 Total Fringe Benefits Costs $205,807 Vehicle/Vessel Maintenance - San Diego Sheriff's Department Off -Road Vehicle (Quads) 10 Operations x 8 hours x $15/ hour x 6 units x 1 year $7,2Q0 - San Diego Probation Department None requested $0 - Carlsbad Police Department None requested $0 - Chula Vista Police Department Includes fuel and maintenance $8,000 per year x 10 vehicles $80000 - Coronado Police Department None requested. $0 - El Cajon Police Department None requested. $0 - Escondido Police Department None requested. $0 - La Mesa Police Department None requested. $0 - National City Police Department None requested. $0 - Oceanside Police Department Hrs Used Yearly: 1, 600 = $21.881hour Hrs per shift = 9 x $21.88/hr = $196.881sh€ft # of shifts per year = 76 $14,963 - San Diego Harbor Police Department 10% of the original cost of vessel $12, 500 - San Diego Police Department Includes fuel and maintenance required fee for al[ added fleet vehicles. $13,008.00 x 4 $52,032 - Orange County Sheriff's Department SAFE Boat Maintenance Costs = $26,928 $26,928 - CA Highway Patrol None requested. $0 - CA Department of Fish & Game None requested. $0 - CA Department of Motor Vehicles None requested. $0 - CA State Parks 4WD Vehicle Fuel and maintenance $8,000 per year x 1 vehicle = $8,000 $8,000 Total Vehicle Maint. Costs $201,623 Equipment Maintenance - San Diego Sheriffs Department HIDTA & RURAL Monthly 800mhz (RCS) user fee $26.50 per unit per month x 64 radios x 36 months $61,056 - San Diego Probation Department None requested. $0 Administration/Logistics/Budget Request - Carlsbad Police Department Narrative Justification (Computation of Items) None requested. Federal Request $0 - Chula Vista Police Department GPS Tracking Devices plus cost of yearly service contract Monthly Service Fee $50 p/unit x 7 units = $350 plmonth x 12 months $4,200 - Coronado Police Department None requested. $0 - El Cajon Police Department None requested. $0 - Escondido Police Department None requested. $0 - La Mesa Police Department MCT user service fee @ $ 947 per year $947 - National City Police Department None requested. $0 - Oceanside Police Department None requested. $0 - San Diego Harbor Police Department None requested. $0 - San Diego Police Department None requested. $0 - Orange County Sheriff's Department None requested. $0 - CA Highway Patrol None requested. $0 - CA Department of Fish & Game None requested. $0 - CA Department of Motor Vehicles None requested. $0 - CA State Parks Monthly 800mhz (RCS) user fee $2&.50 per unit per month x 6 radios x 12 months $636 Total Equipment Maint. Costs $66,839 Fuel - San Diego Sheriffs Department None requested. $0 - San Diego Probation Department None requested. $0 - Carlsbad Police Department None requested. $0 - Chula Vista Police Department None requested. $0 - Coronado Police Department None requested. $0 - El Cajon Police Department None requested. $0 - Escondido Police Department None requested. $0 - La Mesa Police Department None requested. $0 - National City Police Department None requested. $0 - Oceanside Police Department Gallons per shift @ 65 x $4.25lgallon = $276 /shift 2 shifts pr week x 36 weeks = 72 shifts $19,872 - San Diego Harbor Police 2 engines X 10 hours X 2 days X 8 gallons/hour X $3.50/gallon X 52 weeks $58,240 - San Diego Police Department None requested. $0 - Orange County Sheriff's Department Harbor Division Safe Boat Fuel Costs 3.00/gallon x 14 gal/hr x 10 hr/op x 104 ops/yr $43,680 - CA Highway Patrol None requested. $0 - CA Department of Fish & Game 12dayX22g1sldayX$6.001gls+21.91 %OH $1,931 - CA Department of Motor Vehicles None requested. $0 - CA State Parks None requested. $0 Total Fuel Costs $123,723 Mileage - San Diego Sheriff's Department Includes fuel and maintenance 213,220 miles x .50/mile $106,610 - San Diego Probation Department Estimated 1,000 miles/mo x 12 months = 12,000 miles x $.501mile $6,000 - Carlsbad Police Department 32,400 miles x $.50/mile $16,200 - Chula Vista Police Department None requested. $0 - Coronado Police Department Includes fuel and maintenance 360 shifts, avr shift mileage is 75 mites =27,000miles x .50/mile $13,500 Administration/Logistics/Budget Request Narrative Justification (Computation of Items) Federal Request - El Cajon Police Department Includes fuel and maintenance Average shift mileage 150 miles @ 36 shifts per year = 5,400 miles x $.50/mile $2,700 - Escondido Police Department None requested. $0 - La Mesa Police Department 14,000 x 1 vehicle x $.50/mile $7,000 - National City Police Department None requested. $0 - Oceanside Police Department None requested. $0 - San Diego Harbor Police Department None Requested. $0 - San Diego Police Department Includes fuel and maintenance 120,000 miles/yr x $.50/mile $60,000 - Orange County Sheriff's Department None Requested. $0.00 - CA Highway Patrol 114,400 miles per year x $.50 cents per mile $57,200 - CA Department of Fish & Game 10,000 miles x $0.501mile $5,000 - CA Department of Motor Vehicles Estimated 1,600 miles/mo x 12 months = 19,200 miles x $.50/mile $g,600 - CA State Parks None Requested. $0 Total Mileage Costs $283,810 Flight Costs San Diego Sheriff's Department 24 Operations x 5 hours = 120 flight hours x $522.041 hour $62,645 - San Diego Police Department 20 Operations x 6 hours = 120 flight hours x $412/ hour $49,440 - Orange County Sheriff's Department 25 Operations x 6 hours = 150 fit hrs X $611.041hr $91,656 - CA Highway Patrol 35 Operations x 8 hours = 280 flight hours x $345.00/ hour $96,600 Total Flight Costs $300,341 Travel - CA Department of Fish & Game Lodging + expenses 15 days x $158.80 + 21.91%OH $2,904.00 Total Travel Costs $2,904 New Equipment - San Diego Probation Department (2) Unmarked Patrol Vehicles $70,000 (2) Steiner Predator etor Pro (8X22)ars(1$351 (2) Steiner Police Binoculars (10X50) $798 (1) Cobra CAM lit $1,495 (FLEXIBLE VIDEO CAM) (2) Blackhawk Monoshock Ram $690 (2) Small Pry $398 (2) Hailagan Tool $458 (4) Five Patient Trauma Kit $9,000 $83,190 - Carlsbad Police Department (1) Fully -equipped 4WD patrol vehicle $60,000 including MCT and 800 MHz radio (Chevy Tahoe) $60,000 - Chula Vista Police Department (3) Night Vision Goggles $17,955 (7) GPS Tracking Devices $5,600 (2) 35MM Digital Camera System wf $7,000 zoom lens (including hard case and memory cards) (2) Night Vision Systems for use $12,000 with 35mm Cameras (4) Laptop computers/Wireless $19,500 Air Cards (5) Gyro Stabilized Binoculars $6,250 (2) Hand Held Thermal Imaging Devices $32,000 $100,305 - Coronado Police Department (2) Laptop Computer $14,000 (2) Digital Camera $ 1,500 $15,500 - El Cajon Police Department [None Requested. $0 Administration/Logistics/Budget Request - Escondido Police Department Narrative Justification (Computation of Items) (2) Breaching tools $1,100 (1) Fiber optic Camera $1,100 (2) K-1 Trackers $2,400 (2) Laptops wl wireless cards, software, $12,000 license (2) Digital Camera w/Long Range Lens $3,000 (2) Marked Patrol Vehicles $93,810 (6) Night Vision Monocular $24,000 (4) Night Vision Binoculars $3,200 (4) Pinhole/ Buttonhole Cameras $2,000. (6) Concealable radio ear wire/mics $1,860 (2) 800Mhz Radios for Vehicles $7,810 (1) Tactical Blanket $9,380 (2) Tool kits for hidden compartments $600 (2) Video Cameras $1,000 Federal Request $163,260 - La Mesa Police Department (1) Unmarked 4x4 Vehicle package $63,000 (2) Night vision binoculars ($700/ea.) $1,400 (1) Long range night vision optics $12,500 (1) Digital camera $800 (1) Thermal imager $10,000 (2) Tactical ballistic vests ($1200/ea.) $2,400 (4) Tactical helmets with goggles $2,000 (10) Tactical communication gear $7,000 (2) Handheld GPS ($800/ea.) $1,600 (8) Police vests ($1401ea. x 4) $1,120 $99,820 - National City Police Department (2) Marked patrol vehicles (fully equipped) $80,000 (1) Surveillance van (fully equipped) $ 75,000 (1) Remote Camera System $40,000 (1) Night Vision Goggles $ 5,000 (1) Digital cameras w/accessories $1,500 (1) Tactical Rapid Deployment Vehicle $75,000 (20) Radio Encryption Upgrade $9,000 (18) Radio ear pieces and microphones $32,850 (2) Snake Cameras $1,200 $319,550 - Oceanside Police Department (1) Custom 35' Full Cabin SAFE boat $460,000 w/ trailer (3) Steiner Commander XP 7X50 $300 Binoculars - West Marine (10) Insight TECH AN/PEQ-15 $14,000 Pointer Illuminator (15) Gill OS21-Foul Weather Gear $4,200 West Marine (15) Gill gloves $450 (8) Mustang Auto -Inflate PFD for LE $2,400 (2) Encrypted radio, Motorola XTS5000 $9,100 w/ full encryption (2) SealifeDC1000 waterproof digital $1,000 camera kits (2) Profiler Golight II w! Infrared lens $1,000 and docking station $492,450 - San Diego Harbor Police Department (2) Thermal Imager $60,000 $60,000 - San Diego Police Department (4) Holligan Tools $750 (4) Small Doorknocker Rams $1,208 (4) Sledgehammers $100 (4) Tool Packs $470 (7) K-1 Vehicle Trackers $12,683 (7) Eagle Body Wire w/ Receivers $4,200 (2) Cellebrite Forensic Phone $8,113 Downloaders (2) Cellebrite battery -powered $8,700 Downloaders $109,639 $73,415 (30) Pinnacle Armor Model #SOC-3000 Administration/Logistics/Budget Request - Orange County Sheriff's Department Narrative Justification (Computation of Items) Harbor Division Federal Request $444,276 (1) SAFE Boat $395,235 Aviation Support (2) Night Vision Goggles $22,000 (2) Night Vision Accessories: $1,850 Helmet Mounts for NVG (2) Night Vision Accessories: $850 Lo Profile Battery for NVG (4) Emergency Rescue Strobe Light: $372 ACR FireFly2 Doublefiy (2) Handheld VHF Radio $1,152 (2) Helicopter Emergency Egress Device $582 (2) Passenger Life Vest $538 (6) Marking / Dye Packs ($10 each ) $60 Enforcement Team (13) Tactical Vest / Eagle Industries $6,842 (26) Rifle PIa1 $11,528 (13) Tactical Floatation Support System $3,267 CA Highway Patrol None requested $0 - CA Department of Fish & Game (4) Gyro -stabilized Binoculars $5,000 $5,000 - CA Department of Motor Vehicles (2) 4WD Utility Vehicles Unmarked $120,000 $149,496 (outfitted with radios, emergency lights, cages) (4) Encrypted handheld radios (dual band) $28,000 with desk & vehicle chargers, and spare battery. (4) Extended speaker microphones $396 (4) Concealable ear bud microphones $400 (2) Lap top vehicle mounts $700 - CA State Parks (1) Marked Park Police Chevy Tahoe $ 41,000 $94,200 (Fully equipped) (2) Safe (Browning bronze series) $5,000 (6) Stilt Olympus Stylus Tough $2,100 (2)Video Sanyo Xacti camcorder $500 (2) Nigh1 Vision with magnification $9,600 (2) High Power Binoculars $8,000 (4) Spot Lights — Handheld $400 (4) DELL E640ATG Toughbook $10,000 Laptop Computers and Aircards (1) Dive Team Equipment $4,000 (Computer, Gear Bag, Wetsuit, Booties, Gloves, Fins, Mask/Snorkel, Knife, Light, Buoyancy Compensator, Regulator, Max -Air 35 Compressor, Tank) (9) Portable GPS unit $3,600 (2) County Compatible Radios $10,000 (Chargers, FCC Fees, Portable, Base Station) Total New Equi • ment Costs $2,196,686 GRAND TOTAL (YEAR 1) $8,844,033 V. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines. This Operations Order will be approved by the Chief Patrol Agent, San Diego Sector, followed by Office of Border Patrol and FEMA prior to funding. Border Patrol -San Diego Sector: (A) Chief Patrol Agent Richard Barlow OPSG Representative: (A) Assistant Chief Daniel Parks (619) 216-4000 San Diego County Sheriff: Sheriff William D. Gore OPSG Rep: Capt. David Myers (619) 498-2402 San Diego County Probation Department: Chief Probation Officer Mack Jenkins OPSG Rep: Deputy Probation Officer Alejandro Zermeno (858) 514-3200 San Diego Police Department: Chief William Lansdowne OPSG Rep: Sgt. Wesley Albers (858) 650-3600 San Diego Harbor Police: Chief John Bolduc OPSG Rep: Lieutenant Kirk Nichols (619) 686-6570 Carlsbad Police Department: Chief Gary Morrison OPSG Rep: Sgt. Jeff Chapman (760) 931-2166 Chula Vista Police Department: Chief David Bejarano OPSG Rep: Lt. Eric Thunberg (619) 691-5151 Coronado Police Department: Chief Lou Scanlon OPSG Rep: Cmdr. Lazio Waczek (619) 522-7354 El Cajon Police Department Chief Pat Sprecco OPSG Rep: Lt. Jeff Davis (619) 441-1561 Escondido Police Department Chief Jim Maher OPSG Rep: Lt. Robert Benton (760) 839-4722 La Mesa Police Department Chief Alan Lanning OPSG Rep: Lt. David Bond (619) 667-1412 National City Police Department Chief Adolfo Gonzalez OPSG Rep: Lt. Lanny Roark (619) 336-4524 Oceanside Police Department: Chief Frank McCoy OPSG Rep: Lt. Lee Steitz (760) 435-4450 Orange County Sheriff's Department: Sheriff Sandra Hutchens OPSG Rep: Sgt. Steve McCormik 714-647-1800 California Department of Motor Vehicles: Chief Kathryn Door OPSG Rep: Frank Alvarez (916) 657-8377 California Department of Fish and Game: Assistant Chief Mike McBride OPSG Rep: Captain Angel Raton (619) 467-4201 California Highway Patrol: Chief Gary A. Dominguez (Border Division) OPSG Rep: Lt. Don Goodbrand (858) 650-3711 California State Parks Chief Brian Ketterer OPSG Rep: Officer Erik Burgan (760) 415-1683 B. Unit Command (San Diego Sector Border Patrol Stations): Boulevard Station Brown Field Station Campo Station Chula Vista Station El Cajon Station Imperial Beach Station Murrieta Station San Clemente Station C. Communication Details: Communications protocol will be managed in accordance with each participant agency's existing policy, OPSG communications will be monitored and as necessary, coordinated by the ICS when active, C. Map Coordinates: Variable -within San Diego Sector AOR ANNEX A. Administration Annex: The San Diego County Sheriff's Department will be the OPSG Fiscal Administrator, Each OPSG participant's funds will be approved on a case -by -case basis specific to the quarterly operational plan. The San Diego Sector Chief Patrol Agent in coordination with the OPSG IPT will determine which areas will be the focus of operations and may shift enforcement efforts and priorities accordingly. Operational plans may be amended as necessary. State and local law enforcement agencies shall not use OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. B. Execution Annex: None C. Command Annex: Each participating agency will be responsible for identifying unit command and liaison personnel prior to implementation of quarterly operational plans. All contact information will be included in the plan(s). Media Action Plan: All Border Patrol inquiries will be directed to the San Diego Sector Information and Communication Division (619) 216-4182. State/Local agencies will manage media inquiries as indicated by their individual departmental policies. Legal Review: This operational plan has been reviewed for legal sufficiency by CBP Assistant Chief Counsel Peggy DeBeliso. Risks: No extraordinary risks have been associated with this operational plan. Photos: None