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HomeMy WebLinkAboutAGMT - Orange County Sheriff-Coroner (Transfer Property of Funds) I AGREEMENT TO TRANSFER PROPERTY OR FUNDS 2 FOR 2014 HOMELAND SECURITY GRANT PROGRAM PURPOSES 3 4 THIS AGREEMENT is entered into this day of 201 which 5 date is identified for purposes of reference only, by and between the COUNTY OF ORANGE, a political 6 subdivision of the State of California, hereinafter referred to as "COUNTY", and 7 Nt� " D'o—et-, a (municipal corporation/special district/not-for- 8 profit corporation), hereinafter referred to as "SUBGRANTEE." 9 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the lead 10 agency for the Orange County Operational Area, has applied for, received and accepted a grant from the I I State of California, acting through its California Office of Emergency Services, to enhance county-wide 12 emergency preparedness, hereinafter referred to as *'the grant", as set forth in the grant documents that are 13 attached hereto as Attachments A (FY 14 CA Supplement to the Federal Program Guidance), B (FY 14 14 Homeland Security Grant Program Guidance), and C (FY 14 Homeland Security Grant Assurances) and 15 incorporated herein by reference. 16 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase 17 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant 18 purposes. 19 NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 20 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as 21 specified in Attachment D hereto, which is incorporated herein by reference. If the grant requires 22 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet 23 acquired,COUNTY shall transfer said equipment,technology or services to SUBGRANTEE as soon after 24 acquisition by COUNTY as is reasonably practicable. 25 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant 26 funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or to 27 perform such other grant functions, if any,that Attachments A, B and C permit SUBGRANTEE to expend 28 1 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Pagel of I grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the authorized 2 agent. 3 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or 4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and 5 shall make it available for mutual aid response. 6 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with 7 grant funds from damage or destruction and shall provide regular maintenance and repairs for said 8 equipment as are necessary, in order to keep said equipment in continually good working order. Such 9 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for 10 material and labor costs for any maintenance and repair of said equipment throughout the life of said 11 equipment. 12 5. SUBGRANTEE shall assume all continuation costs of said equipment,technologies and/or 13 services to include but not be limited to upgrades, licenses and renewals of said equipment, technologies 14 and/or services. 15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 16 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant-funded 17 equipment only in accordance with the instructions of COUNTY. 18 7. SUBGRANTEE agrees to indemnify, defend and hold harmless COUNTY and their 19 elected and appointed officials,officers,agents and employees from any and all claims and losses accruing 20 or resulting to any and all contractors, subcontractors, laborers, and any other person, firrn or corporation 21 furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's use of 22 grant-funded equipment, technology or services and SUBGRANTEE's performance of this Agreement, 23 including Attachments A, B and C hereto, and from any and all claims and losses accruing or resulting to 24 any person, finn, or corporation who may be injured or damaged by SUBGRANTEE in SUBGRANTEE's 25 use of grant-funded equipment, technology or services and SUBGRANTEE's performance of this 26 Agreement, including Attachments A, B and C hereto. 27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound 28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 2 of 4 I immediately upon discovery that it has not abided or no longer will abide by any applicable provision of 2 Attachments A, B and C hereto. 3 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State 4 Auditor with respect to this Agreement for a period of three years after final payment hereunder. 5 10. No alteration or variation of the terms of this Agreement shall be valid unless made in 6 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 7 agreement not incorporated herein shall be binding on any of the parties hereto. 8 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express 9 written consent of COUNTY. 10 12. For a period of three years after final payment hereunder or until all claims related to this 11 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all 12 documents, papers and records relevant to the work performed or property or equipment acquired in 13 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, 14 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency 15 from which COUNTY received grant funds or their duly authorized representative(s), for examination, 16 copying,or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual 17 working hours. 18 13. SUBGRANTEE shall provide to COUNTY all records and information requested by 19 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 20 required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 21 14. COUNTY may terminate this Agreement and be relieved of the payment to 22 SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, 23 including Attachments A, B and C hereto, at the time and in the matter herein provided, or b) COUNTY 24 loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any 25 manner deemed proper by COUNTY. 26 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the 27 performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered 28 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security 11,age 3 of 1 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the 2 performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered 3 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. 4 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, 5 State of California. 6 __. __ _.m m..... 201 ..e _v__- COUNTY O� ORANGE, litical 7 DATED: subdivisio t State )f . alifort 8 By y ...� l Sheriff-C.;oron 10 "COUNTY 1 1 APPROVED AS TO FORM: 12 COUNTY COUNSEL 13 14 By � _to Wendy i ps 15 16 DATED: e_ 1 201 17 18 DATE _ SUBGRANTEE 19 20 21 22 B y: 23 A'l-TESTI 24 25 By City Clerk 26 DATED: 201 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 4 of 4 Attachment "A" (FY 14 CA Supplement to the Federal Program Guidance) sii Cal OES GOVERNORPS OFFICE OF EMERGENCY SERVICES Fiscal Year 2014 Homeland Security Grant Program California Supplement to the Federal Funding Opportunity Announcement and Application Kit May 2014 STATE OF CALIFORNIA Edmund G. Brown Jr, Governor CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Mark S. Ghilarducci, Director Nancy Ward, Chief Deputy Director Brendan A. Murphy, Deputy Director GRANTS MANAGEMENT Gina Buccieri-Harrington, Assistant Director HOMELAND SECURITY AND PROP 1B DIVISION Kris Whitty, Chief Alicia Morales, Office Technician HOMELAND SECURITY GRANTS UNIT Ursula Harelson,Unit Supervisor Darren Tsang,Unit Supervisor Joseph Anderson, Program Representative Darlene Arambula, EHP Coordinator Cameron Bardwell, Program Representative Bill Canepa, Program Representative Justin Duke, Program Representative Maybel Garing-Espilla, Program Representative Rachel Magana, Program Representative GRANTS PROCESSING DIVISION Rose Nguyen, Chief Christopher Sampang, Office Technician HOMELAND SECURITY GRANTS PROCESSING UNIT Huy Tram, Unit Supervisor Edward Allen, Program Analyst Dora Gomez, Program Analyst Gina Joaquin, Program Analyst FOREWORD: DIRECTOR'S MESSAGE..... »»».........»..... ... ........ __ ................... SECTION 1--OVERVIEW.....................................................................................................2 Federal Funding Opportunity Announcement; Information Bulletins Purpose of the California Supplement;Grant Management Memoranda Eligible Subgrantees;Native American Allocations Subgrantee Allocations;NIMS Implementation; Supplanting Public/Private Organizations;Debarred/Suspended Parties Cal OES Contact Information; HSGU Program Representatives SECTION 2—FEDERAL CHANGES AND INITIATIVES..............................................................5 FYI Program Priorities;25%Law Enforcement 5%M&A;Indirect Costs;Organization;Personnel Cap;Equipment Typing/Identification Equipment Maintenance/Sustainment;Con struction/Renovation Exercises, Improvement Plans,and After Action Reporting; Emergency Operation Plans Special Needs Population SECTION 3—STATE CHANGES AND INITIATIVES.......... ......... .................. ...........................9 FY14 SHSP Priorities; State Initiative Funding "On Behalf Of';Regional Approach Strategy,Planning and Metrics Workshop Non-DHS/FEMA Training;Capstone California Federal Funding Accountability and Transparency Act(FFATA)Financial Disclosure Tactical Interoperable Communication Plan(TICP) SECTION 4—REQUIRED STATE APPLICATION COMPONENTS.................................................1l Financial Management Forms Workbook Narrative Attachments Grant Assurances Training Operational Areas Only Urban Areas Only State Agencies Only SECTION 5—THE STATE APPLICATION PROCESS.............„.,...,..„,.........................................15 Application Submittal Late or Incomplete Application Application Approval SECTION 6—POST AWARD REQUIREMENTS.........................................................................16 Post Award Modifications;Payment Request Process Advances and Interest Earned on Advances; Performance Bond Subgrantee Performance Reports;Failure to Submit Required Reports Monitoring; Suspension/Termination Closeout ATTACHMENTS A-Allocations B-FY14 HSGP Timeline C-Sample Governing Body Resolution D-State Agency Signature Authority Form E-State Agency Project Narrative Form F-FY14 HSGP Application Checklist G-Investment Justifications/Strategic Goals/Objectives Foreword 0 1. Director's Message I am pleased to present you with the FY 2014 Homeland Security Grant Program (HSGP)— California Supplement to the Federal Program Funding Opportunity Announcement. This program will serve to expand your efforts that continue to make California a national leader in emergency management and homeland security. As a direct result of leveraging effective partnerships, developing our workforce, enhancing our technology, maintaining a culture of continuous improvement, and through collaboration with our federal partners at the U.S. Department of Homeland Security and the Federal Emergency Management Agency we are realizing our vision of building towards a safer more resilient California. This year, HSGP changes have been implemented to allow greater flexibility, envelop greater areas of risk, and pinpoint capability gaps, in an effort to improve our ability to protect our state from all hazards and threats. Last year, the California Governor's Office of Emergency Services (Cal OES)was renamed, underwent an organizational structure change, and merged with the Public Safety Communications Office, all of which have enabled us to strengthen our capabilities and sharpen our focus to ensure that we are prepared for when disaster strikes. This year's HSGP has also gone through some changes, as it now encompasses more urban areas for its Urban Areas Security Initiative (UASI), and has shifted away from identifying program-specific priorities and instead directs grantees to prioritize grant funds to increase a jurisdiction's capabilities based on the annual Threat and Hazard Identification and Risk Assessment and capability gaps identified through the annual State Preparedness Report. These changes will help us accomplish our mission of protecting lives and property, build capabilities, and support our communities for a resilient California. The capable and dedicated staff at Cal OES continues to serve as a resource for you as we develop a united and innovative combined effort to serve the public, our communities, and the state of California. I encourage you to contact them for guidance and advice throughout the duration of the grant. MARK S. GHILARDUCCI Director 1 Section 1 Overview 2 01,4 Federal In March 2014, the U.S. Department of Homeland Security(DHS)/Federal Funding Emergency Management Agency(FEMA) issued the FYI Homeland Security Opportunity Grant Program, Funding Opportunity Announcement(FOA)available for Announcement download at: tit :://A�ww.l rtia.gov/�i�' -2014-homeland-sceurit . yr•ant-.iro trarii- hsnp. Information DHS issues Information Bulletins to provide updates, clarification, and new Bulletins requirements throughout the life of the grant. Information Bulletins may be obtained at: litt. ://www.f iiiia.gov/ rant;/-i•arrt" rtexrarns-directorate- information-bulletins. Purpose of the The 2014 California Supplement to the Federal Funding Opportunity California Announcement and application kit is intended to complement, rather than Supplement replace, the Guidance published by DHS. The Supplement will emphasize the differences between the FY 13 and FY 14 Homeland Security Grant Programs (HSGP), and will include additional California policies and requirements applicable to the FYI HSGP. Grant Cal OES also issues Grant Management Memoranda(GMMs)that provide Management additional information regarding HSGP funds. GMMs can be located at: Memoranda httw//www.i,,m loc.s.ca, ov/(]�antsl'rq essin /Lla acct-M�rr�a 'e�n!t- Memos.aspx. Eligible Eligible applicants, referred to as Subgrantees, differ for each program. Subgrantees Generally, eligible HSGP Subgrantees include: • Operational Areas (OA) • Includes Native American Tribes-represented by a single coordinating group • Urban Areas Security Initiative (UASI) Jurisdictions • State Agencies (SA), Departments, Commissions, Boards, etc. who have or can obtain, appropriate state Department of Finance budget authority for awarded funds Native Federal FY14 grant guidance strongly encourages Cal OES to provide access to American HSGP funds directly to Native American Tribes in California. To implement this Allocations requirement, a single coordinating group representing the California tribes will be eligible to receive a share of this funding on a base plus population basis. To submit an application for funding, California's 111 tribes shall develop a single coordinating group that represents all or substantially all of the tribes. The single coordinating group shall have until October 1, 2014 to submit to Cal OES its membership, organizational structure and plan for developing coordinated funding priorities among all or substantially all of the California Tribes. 2 Section 1—Overview 1 20 1 ,4 All Subgrantees are encouraged to coordinate with Tribal Governments to ensure that Tribal needs are considered in the Subgrantee applications.I Subgrantee FY14 Homeland Security Grant Program (HSGP) Subgrantee allocations are Allocations included in Appendix A. All HSGP-funded work must completed within the subgrantee performance period. NIMS Prior to allocation of any federal preparedness awards in FYI 4, grantees must Implementation ensure and maintain adoption and implementation of the National Incident Management System (NIMS). Additional information can be found at fitti)://www.fcn,ia.. /IdV ��t a°�e�tc lnil��,slni���s alert ctcd at,tidclitte, c11' Supplanting Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose. Subgrantees will be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.2 Public/Private Subgrantees may contract with any other public or private organizations to Organizations perform eligible activities on approved projects. Debarred/ Subgrantees must not make or permit any award (subgrant or contract) at any Suspended tier to any party that is debarred, suspended, or otherwise excluded from, or Parties ineligible for, participation in federal assistance programs. Subgrantees must obtain documentation of eligibility prior to any sub-award of HSGP funds and be prepared to present supporting documentation to monitors/auditors. Cal OES All Subgrantee application materials, related questions, comments and Contact correspondence should be directed to: Information California Governor's Office of Emergency Services ATTN: Grants Management, HSGU 3650 Schriever Ave. Mather, CA 95655 Homeland Security Grants Unit (HSGU): (916) 845-8186; Fax: (916) 636-3780 1 U.S.Department of Homeland Security,Fisc I year 2014 Homeland Securit Funding Opoortun,ity Announcement. Page 41. z Ibid.,page 55. 3 Section 1—Overview � O'1 HSGU Program Joseph Anderson at js c 1i rssonL�calo s.ca.po w or(916) 845-8426 Representatives Cameron Bardwell at cameron.bardwell &caloes.ga.,goy or(916) 845-8428 Bill Canepa at bill.canepakcaloes.ca.gov or(916) 845-8744 Justin Duke at justin.dukeAcaloes.ca.gov or(916) 845-8296 Maybel Garing-Espilla at in yb0,,,gLii iag gWiIla cal .ca v or(916) 845-8429 Rachel Magana at i-acliel,iiia Lana�,(i caloes.ca.gov or(916)845-8451 Cal OES representatives may be located on the HSGU regional map at: htt ://www.calema.ca. ov/EMS-HS- az at/Documents/HSGP/HSGUI'/o2OR gtQiiA,i I ',) rn X1) 1 -14 a 6f 4 Section 2—Federal Changes and Initiatives 1 2014 FY14 Program The purpose of the 2014 HSGP is to prevent terrorism and to prepare the Priorities Nation for the threats and hazards that pose the greatest risk to the security of the United States; therefore, all HSGP-funded investments must have a terrorism nexus.3 Subgrantees are expected to consider National areas for improvement identified in the 2013 National Preparedness Report, which include cybersecurity, recovery-focused core capabilities, the integration of individuals with access and functional needs, enhancing the resilience of infrastructure systems, and maturing the role of public-private partnerships.4 Using the core capabilities, the FY 2014 HSGP Program supports the achievement of the goal by: • Preventing a threatened or an actual act of terrorism; • Protecting our citizens, residents, visitors, and assets against the greatest threats and hazards; • Mitigating the loss of life and property by lessening the impact of future disasters; • Responding quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of a catastrophic incident; and/or • Recovering through a focus on the timely restoration, strengthening, and revitalization of infrastructure, housing, and a sustainable economy, as well as the health, social, cultural, historic, and environmental fabric of communities affected by a catastrophic incident. 25% Law As in past years, at least 25%of FY14 HSGP funds must be dedicated to Enforcement Law Enforcement Terrorism Prevention-oriented Activities (LETPA). In order to leverage funds for LETPA, activities outlined in the National Prevention Framework, and National Protection Framework are eligible for use of LETPA focused funds. All other terrorism prevention activities proposed for funding under LETPA must be formally pre-approved by FEMA.S 5% M&A The Management and Administration (M&A) allowance for Subgrantees is set at a maximum of 5% for the FY14 HSGP.6 3 Ibid.,pages 4-5. 4 Ibid., page 5. 5 Ibid.,pages 52-53, 6 Ibid.,page 9. 5 Section 2-Federal Changes and Initiatives 2 .i 1i Indirect Costs Subgrantees may use all or part of their M&A allowance for indirect costs,. Subgrantees must have an approved indirect cost rate with the cognizant federal agency. A copy of the approved rate is required at the time of application and must be evaluated to determine if costs are allowable and reasonable. 7 Organization New rules apply to overtime and operational overtime. Allowable costs are limited to federally requested participation in fusion centers, which must be formally pre-approved by FEMA.B Personnel Cap FYI HSGP funds have a personnel cap of 50%.9 Equipment Subgrantees that wish to purchase equipment with FYI funds are Typing and required to type and identify the capability associated with that equipment. Identification Also, per FEMA policy, the purchase of weapons and weapon accessories is not allowed with HSGP funds. 10 Special rules apply to pharmaceutical purchases and medical counter measures. 11 Equipment The use of HSGP funds for maintenance contracts, warranties, repair or Maintenance replacement costs, upgrades, and user fees are allowable under all active and and future grant awards, unless otherwise noted. With the exception of Sustainment maintenance plans purchased incidental to the original purchase of the equipment, the period covered by a maintenance agreement or warranty plan must not exceed the period of performance of the specific grant funds used to purchase the plan or warranty, and address the requirements identified in FEMA Information Bulletin (IB) 379. 12 Construction All funded construction projects must comply with the Davis-Bacon and and Renovation related Acts, US Department of Labor rules and other requests for the purpose of Davis-Bacon compliance. Construction projects must be formally approved by FEMA. 13 Ibid.,page 10. 8 Ibid.,pages 50-51. 9 Ibid.,page 49. 10 Ibid.,page 57. 11 Ibid.,page 51. 12 Ibid., page 52. 13 Ibid.,pages 53-54. 6 Section 2 Federal Changes and Initiatives 2O1.4 Exercises, Subgrantees must conduct threat and performance-based exercises in Improvement accordance with DHS Homeland Security Exercise and Evaluation Plans, and After Program (HSEEP) manuals. Grant recipients must report on all HSGP- Action assisted scheduled exercises at https:llwww.11is.dhs.gov/hseep. For each Reporting exercise conducted with HSGP grant funds, Subgrantees must submit an After Action Report (AAR) AND Improvement Plan (IP)within 90 days following the completion of the exercise. For more information on this process please contact the Cal OES Exercise representative for your region: Inland Region: Duane Valenzuela at duatie.v tenZLielaLt)ctiloe ca.&)L' Coastal Region: Kevin Leisher at kevin.leishergcaloes.ca.gov Southern Region: Nick Lowe at nicholas.lowekcaloes.ca.gov State Agencies: Elaine Viray at elaine.viraygcaloes.ca.gov All Subgrantees will post their exercises to the National Exercise Schedule (NEXS) by creating it in the Design & Development System (DDS) portion of the Homeland Security Exercise and Evaluation Program (HSEEP) Toolkit. Once the exercise is approved by an Exercise Administrative Authority (EAA) in the Cal OES Exercise Division, the exercise is automatically posted to the NEXS and assigned a unique ID number. The unique ID number will be used to establish a standard naming convention for tracking purposes. The standard naming convention will be exercisename_uniqueID#. Example: GGI2TFWorkshop_205-104-12-00 An After Action Report/Improvement Plan (AAR/IP) or Summary Report (for Seminars & Workshops) must be completed and submitted to llr,.. lrw /hsee), with a copy to your Grant Program Manager within 90 days after conduct of an exercise. Please ensure the AARAP or Summary Report document is encrypted (password-protected) and the password is also sent to his://www.11is.dhs.gov/hseep via a separate email with a copy to your Grant Program Manager. It is acceptable to submit an Exercise Summary Report for Seminars and Workshops in lieu of a full AAR/IP. Per Grant Programs Directorate Information Bulletin No. 366, July 7, 2011, Subgrantees must conduct an annual Training and Exercise Plan Workshop (TEPW)to develop a Multi-Year Training and Exercise Plan (TEP) and update it annually. All TEPs developed at the UASI level should roll-up to one overarching State TEP, which should be submitted to your respective FEMA Regional Exercise Officer(points of contact listed on the HSEEP website) and to his://www.11is.dhs. ovg� /hseep within 90 days after conducting the TEPW. 7 1 Section 2—Federal Changes and Initiatives i .l Note: No later than September 30th, Subgrantees will email their Training & Exercise Schedules to the jurisdictions supporting Cal OES Exercise Division representative with a copy to the Cal OES Unit Supervisor of the Homeland Security Grants Unit. Emergency Subgrantees' Emergency Operations Plans must comply with rules Operation Plans regarding evaluation matrices and the Comprehensive Preparedness Guide. Subgrantees should refer to I13 388a for additional guidance located at this link: http://www.fema.gov/librarylviewRecord.do?id=6440 regarding this reporting requirement. Subgrantees must update their EOP at least once every two years to comply with Comprehensive Preparedness Guide (CPG) 101 version 2.0, Developing and Maintaining Emergency Operations Plans. Grantees will use the State Preparedness Report(SPR) to report their compliance with this reporting requirement. 14 Special Needs Populations whose members may have additional access and functional Population needs before, during, and after an incident must be included in planning, response and recovery documents. Subgrantees conducting major planning projects (including, but not limited to: Evacuation, Mass Care and Shelter, Disaster Recovery, etc.)will be required to address access and functional needs, including the needs of children, within their planning documents in order to maintain eligibility for HSGP. 15 14 Ibid.,page 8. 15 Ibid.,page 42, 8 Section 3 State Changes and Initiatives u. . FY14 SHSP While the State Homeland Security Strategy broadly describes goals, Priorities objectives, and implementation steps, the State's priorities for FY14 HSGP are: 1. Interoperable Communications 2. Catastrophic Planning 3. Citizen Preparedness and Participation 4. Medical Surge 5. Critical Infrastructure Protection 6. Mass Prophylaxis 7. Training for First Responders 8. Food and Agriculture Safety State Initiative For FY14 HSGP, Cal OES shall retain 20%of the SHSP and 17%of the Funding UASI funding for the state initiatives. "On Behalf Of' Cal OES may, in conjunction with local approval authorities, designate funds "on behalf of local entities that choose to decline or fail to utilize their homeland security award in a timely manner. Regional Subgrantees must take a regional approach and consider the needs of Approach local units of government and applicable volunteer organizations in the projects and activities included in their FY14 HSGP application. Strategy, In the fall of 2014, Cal OES plans to conduct its annual Strategy, Planning and Planning and Metrics Workshop to receive statewide input across all Metrics disciplines. Costs associated with this eligible planning activity should be Workshop included in the Subgrantee application. Non- When seeking approval of non-DHS/FEMA developed courses, course DHS/FEMA materials must be submitted with the approval requests. Conditional Training approvals are no longer offered. For more information on this or other training-related inquiries, contact the Cal OES Training Branch at(916) 845-8752 or their website at: http://ww,, glr g x gavl l I adtni¢�arrdk scrc is s/P ages/Trainiri .asp Capstone Subgrantees scheduled to participate in Capstone California(CC), California formerly known as Golden Guardian, exercise activities should include the details in their FY14 application. Cal OES program staff will be checking applications from Subgrantees scheduled to participate in CC activities within the FY14 HSGP grant performance period for adequate exercise funding. 9 Section 3-State Changes and Initiatives , l4 mmvxraox000wwworc vrvrvr rroo wrrm.wwrarw,uaxev. ry..................omv . Dolor+....mw nwvun naa,vmmtammmm ........awwvnu ummeun000 0: muaoo uMmmmiarbumm rvonenmmm m'raa wmerwmo u u oumr rr oummmm'mmm u¢vw,nrem:,u wemmmm.m'm tiN xomoxu.wa o^,ma rmiercmk For exercise-related issues and/or questions, please contact Jim Woodward at(916) 845-8499 or james.woodward2caloes.ca.gov or Steven Goff at(916) 845-8486 or Steven. og�caloes.ca.gov. FFATA On November 23, 2010,the United States Department of Homeland Financial Security(US DHS) and the Federal Emergency Management Agency Disclosure (FEMA) issued Information Bulletin#350 to clarify requirements under the new Federal Funding Accountability and Transparency Act(FFATA). As the State Administrative Agency (SAA), Cal OES is required to report sub-award information for federal awards of$25,000 or more made on or after October 1, 2010 as well as compensation for highly paid individuals. Specifically, the name and total compensation of the five most highly compensated individuals. Please see Grant Management Memoranda (GMM)2012-01 for more information. TICP Due to significant legislation impacting public safety communications, Cal OES is reminding all Subgrantees to update their Tactical Interoperable Communications Plan (TICP) and make it available upon request. Updating a TICP is an eligible activity under the FY14 HSGP. 10 Section 4—Required State Application Components 1 C 1 Financial 2014 HSGP FMFW can be accessed at: http://www.caloes.ca.gov/EMS-HS- Management HazMat/Pages/Homeland-Security-Grant-Program-Documents.aspx Forms Workbook The Cal OES Financial Management Forms Workbook(FMFW) includes: Face Sheet—Use the Cover Sheet to apply for grant programs. The application cover sheet must be signed in blue ink. Authorized Body of 5 Sheet—Use the Authorized Body of 5 Sheet to list the Authorized Body of 5, Authorized Agents, and Points of Contact. FFATA Financial Disclosure Sheet—Use the FFATA Financial Disclosure Sheet to list the name and compensation of the top five paid individuals, where applicable. Project Descriptions—Describe the various details of each Project (letter/name, IJs/Goals and Objectives, brief description, need/status, milestones). A maximum of 20 projects are allowed. Project Ledger—The project ledger is used in the application process to submit funding information and is used in the post-award phase for submitting Cash Requests, Modifications, and Advances. Equipment Inventory Ledger—Provide detailed information on grant-funded equipment including the Authorized Equipment List(AEL) numbers. All AEL information can be found on the Lessons Learned Information Sharing website at https://www.Ilis.dhs.gov/. Organization Roster—Provide detailed information on grant-funded Organizational activities. Training Roster—Provide detailed information on Training activities. Planning Ledger—Provide detailed information on Planning activities with a final product identified. Exercise Roster—Provide detailed information on Exercise activities. Personnel Roster—Provide detailed information on grant-funded Personnel activities. Consultant Roster—Provide detailed information on grant-funded Consultants. Management and Administration Roster—Provide detailed information on grant-funded Management and Administration activities. 11 Section 4—Required State Application Components � 0 4 Authorized Agent Sheet—The Authorized Agent Sheet must be submitted with the application, and all Cash Requests, Modifications, or Advances, with appropriate signatures. Narrative Explanation of 25% Law Enforcement—Describe how the Subgrantee will meet Attachments the minimum federal requirement for funding Law Enforcement Terrorism Prevention-oriented Activities. Management and Administration (M&A) Cap—Describe how the Subgrantee will not surpass the federally mandated 5%cap on M&A. Personnel Cap—Describe how the Subgrantee will not surpass the federally mandated 50% personnel cap. Emergency Operations Plan (EOP)—Please describe your EOP and any progress in meeting the requirements identified in the FYI FOA. 16 Training with AAR/Exercise Detail—Per the Federal FOA, all training conducted using HSGP funds must be in support of the development or maintenance of an identified team or capability.Additionally, all training should address a performance gap identified through an After Action Report/ Improvement Plan (AAR/IP) or build a capability that will be evaluated through an exercise. Q.,k-rantPPc will Pxnlain in a narrative the type of training, the capability, the gap identified, and provide access to the AAR or details for the upcoming exercise. Intelligence Analysts Certificates—Per the FOA, Cal OES must have certificates for completion of training for fusion center analytical personnel. 17 Provide copies of certificates for each intelligence analyst. Equipment Typing Narrative—All equipment procured under this grant must be in support of the development or maintenance of an identified team or capability. Please describe what typed capability the equipment purchased with this grant supports. Grant The Grant Assurances list the requirements to which the Subgrantees will be Assurances held accountable. All applicants will be required to submit a signed, original copy of the FY 14 Grant Assurances with their FY 14 HSGP application. The required Grant Assurances can be found only in PDF format on the Cal OES website and will be available within 14 days of the federal award. Note: Self-created Grant Assurances will not be accepted. 16 Ibid.,page 36. 17 Ibid.,page 50, 12 Section 4—Required State Application Components 1 2014 Training Cal OES shall afford Subgrantees the opportunity to develop a"placeholder"for future training conferences when an agenda has not been established at the time Subgrantee applications are due. Please work with your Program Representative and the Training Branch to identify a possible "placeholder" for these types of training activities. CERT programs must be registered and updated. 18 Operational Approval Authority Body—Operational Areas (OA's)must appoint an Anti- Areas Only Terrorism Approval Body (Approval Authority)to have final approval of the OA's application for SHSP funds. Each member of the Approval Authority must provide written agreement with the OA's application for HSGP funds. The Approval Authority shall consist of the following representatives, and additional voting members may be added by a simple majority vote of the following standing members: • County Public Health Officer or designee responsible for Emergency Medical Services • County Fire Chief or Chief of Fire Authority • Municipal Fire Chief(selected by the Operational Area Fire Chiefs) • County Sheriff • Chief of Police (selected by the Operational Area Police Chiefs) Note: A list of the Approval Authority Body members and their associated contact information, as well as a written agreement from each member, must be submitted with the FY14 HSGP application. Contact your program representative for more information. Governing Body Resolution–The Governing Body Resolution appoints Authorized Agents (identified by the individual's name or by a position title)to act on behalf of the governing body and the applicant by executing any actions necessary for each application and subgrant. All applicants will be required to submit a certified copy of their FY14 Governing Body Resolution with their FY14 HSGP application. A sample Resolution can be found as Attachment C. Authorized Agent Information Form–For each person or position appointed by the governing body, submit the following information to Cal OES, along with the Resolution, on the applicant's letterhead: • Name • Title • Jurisdiction • Grant Program • Phone & Fax Number(s) • E-Mail Address • Street Address, City & Zip Code 18 Ibid.,pages 47-48. 13 Section 4—Required State Application Components 1 2014 Note: Changes can be made to the Authorized Agent if/when necessary. If the Governing Body Resolution identifies the Authorized Agent by name, a new Resolution and corresponding Authorized Agent Information Sheet are needed when any changes are made. If the Governing Body Resolution identified the Authorized Agents by position and/or title, changes can be made by submitting a new Authorized Agent Information Sheet. Urban Areas Urban Area Working Groups(UAWGs)—Membership in the UAWG must only provide either direct or indirect representation for all relevant jurisdictions and response disciplines (including law enforcement, fire service, EMS, and emergency management)that comprise the defined Urban Area. Each UASI must include the geographical boundaries and footprint of their UASI designation. The UAWG should also ensure the integration of local emergency management, public health, and health care systems into a coordinated, sustained local capability to respond effectively to a mass casualty incident. 19 State Agencies Project Narrative—In addition to the FMFW Project Descriptions, State only Agencies must complete a State Agency Project Narrative Form (included as Attachment E). Signature Authority— State Agency applications must be signed by the highest-level person, or their designee. If a designee is signing, the highest-level person must execute and submit a State Agency Signature Authority Form with the Application (included in Attachment D). 19 Ibid.,page 43. 14 Section 5—The State Application Process 1 2014 ........m.. Application The completed FMFW V 1.14 must be mailed in hardcopy with original Submittal signatures and also submitted electronically via e-mail to the Cal OES Program Representative. All application documents requiring an original signature will need to be mailed in hardcopy. Signatures must be in blue ink only. 11A ND-DELIVERED IVFRED A.PP1,11CATIO S WILL NOT BE ACCEPTED Late or All application materials are due no later than Friday, August 1,2014 Incomplete (see Timeline in Attachment B). Only applications postmarked by the Application due date will be accepted. Applications lost in transit are the responsibility of the applicant and may not be considered for funding. Late or incomplete applications will be reviewed and/or denied, and additional information will be requested and/or accepted from Subgrantees, at the sole discretion of Cal OES. Application The Subgrantee will receive written notice of the state's approval of the Approval subgrant application not later than 45 days after the federal grant award. Subgrantee reimbursements will not be made until all required application components have been approved by Cal OES. 15 Section 6—Post Award Requirements 1 2®14 ......... Post Award Post award budget, scope and time modifications must be requested using Modifications the Cal OES Financial Management Forms Workbook V 1.14, signed by the Subgrantee's Authorized Agent, and submitted to the Subgrantee's Program Representative in the Homeland Security Grants Unit at Cal OES. The Subgrantee may implement the modifications, and incur associated expenses, only after receiving written final approval of the modification from the State. Failure to submit modification requests, and receive written approval prior to expenditure, could result in a reduction or disallowance of that part of the grant. Payment To request advance or reimbursement payment of FY14 HSGP funds, Request Process complete a payment request form using the Cal OES Financial Management Forms Workbook and return it to the appropriate Program Representative in the Homeland Security Grants Unit at Cal OES. Subgrantees who fail to follow the workbook instructions may experience delays in processing. Payments can only be made if the Subgrantee has submitted a completed and approved application. Exercise costs will not be reimbursed until an AAR has been posted and access to the AAR has been granted to Cal OES Program Representative Rachel Magana. Rachel can be reached at (916) 845-8451 or rachel.maganagealoes.ca.gov. Advances and DHS allows Subgrantees to request FY14 HSGP funds up to 120 days prior Interest Earned to expenditure/disbursement or on a reimbursement basis. Federal rules on Advances require advances to be deposited in interest-bearing accounts. Interest earned should be returned quarterly to Cal OES. In addition to returning interest in accordance with the prescribed federal guidance, Subgrantees must also inform the Grantee's Program Representative in the Homeland Security Grants Unit at Cal OES of any interest returned on program funds. Performance Many subgrantees were unable to procure large equipment items due to Bond vendor delivery scheduled to occur after the federal reporting period had expired. To assist with this issue, DHS allowed subgrantees to obtain a "performance bond"wherein subgrantees procured the item(s) in question, paid the money up front, and obtained a performance bond to ensure delivery of the item within 90 days of the subgrantees' performance period. Subgrantees must obtain a performance bond for any equipment item over $250,000 or any vehicle, aircraft or watercraft, financed with homeland security dollars. Subgrantees must provide a copy of all performance bonds to their HSGP Program Representative and make additional copies available upon request. 16 Section 6—Post Award Requirements , '201�4, Subgrantee Subgrantees must prepare and submit performance reports to the state for the Performance duration of the grant performance period, or until all grant activities are Reports completed and the grant is formally closed by Cal OES. Subgrantees must complete a Biannual Strategy Implementation Report (BSIR) using the DHS/FEMA Grants Reporting Tool (GRT). To obtain access to the online GRT, please log on to their website at www.reporting.odp.dhs.gov. To create a new account, follow the instructions that read, "If you need to register for an account, please click here." For additional assistance with the GRT, please contact: Huy Tram at huy.tram(kcaloes.ca.gov or(916) 845-8649 Failure to Periodic reporting is required by the grant. Subgrantees who miss a single Submit reporting deadline may receive a letter addressed to their Board of Required Supervisors informing them of the failure to report. County Operational Reports Areas and Tribal Native Americans who fail to report twice in a row may have subsequent awards reduced by 10% until timely reporting is reestablished. UASIs may have a"hold" placed on any future reimbursements. Monitoring The Cal OES Monitoring Branch is actively conducting monitoring visits, both desk review and on-site, among Subgrantees. These reviews may include, but are not limited to: • Eligibility of expenditures. • Comparing actual Subgrantee activities to those approved in the subgrant application and subsequent modifications, if any. • Ensuring that advances have been disbursed in accordance with applicable guidelines. • Confirming compliance with: Grant Assurances; Information provided on performance reports and payment requests; and Needs and threat assessments and strategies. Many Subgrantees receive "findings"that necessitate a Corrective Action Plan (CAP) on their part. Those Subgrantees who fail to submit a CAP as required shall have a"hold" placed on any future reimbursements until the "finding" is resolved. ]mote: It is the responsibility of all Subgrantees to monitor and audit the grant activities of their Subrecipients. This requirement includes, but is not limited to, on-site verification of grant activities, as required. 17 Section 6 Po .�st Award Requirements 2 4 Suspension/ The State may suspend or terminate subgrant funding, in whole or in part, or Termination other measures may be imposed for any of the following reasons: • Failing to submit required reports. • Failing to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failing to comply with the requirements or statutory progress toward the goals or objectives of federal or state law. • Failing to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failing to follow grant agreement requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • False certification in the application or document. • Failing to adequately manage, monitor or direct the grant funding activities of their Subrecipients. Before taking action, the State will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. Closeout The State will close a Subgrantee award after: • Receiving a Subgrantee Performance Report indicating that all approved work has been completed, and all funds have been distributed; • Completing a review to confirm the accuracy of reported information; • Reconciling actual costs to awards, modifications and payments. If the closeout review and reconciliation indicates that the Subgrantee: • Is owed additional funds, then the State will send the final payment automatically to the Subgrantee. • Did not use all funds received, then the State will issue an Invoice or Grant Modification letter to recover unused funds. In the Grant Closeout Letter, the State will notify the Subgrantee of the start of the record retention period for all programmatic and financial grant- related records. Note: Failure to maintain all grant records for the required retention period could result in a reduction of grant funds, and an invoice to return costs associated with the unsupported activities. 18 Attachment A Allocations 201,4 State Homeland Security Program (SHSP) Operational Area Population Base 25% LE SHSP Total Award Amount (25% LE + SHSP) ALAMEDA 1,548,681 75,000 415,756 1,247,268 1,663,024 ALPINE 1,087 75,000 19,029 57,086 76.115 AMADOR 36,741 75,000 28,169 84,506 112,674 BUTTE 221,485 75,000 75,528 226,584 302,112 26 CALAVERAS 44,932 75,000 30, 8 90,805 _ µl21,073 COLUSA 21,674 75,000 24,306 72,918 97,225 CONTRA COSTA 1,074,702 75,000 I 294,251 882,753 1,177,004_ DEL NORTE 28,380 75,000 26,025 78,076 104,101 EL DORADO 182,286 75,000 65,479 196,438 261,91_7 FRE......................................... _.. ... ..... ............................................ ... .. ....................... ..... ..... ... ............._._. GLENN 28,349 75,000 26,017 78,052 104,069 HUMBOLDT 135,209 75,000 53,411 160,233 213,644 IMPERIAL 180,061 75,000 64,909 194,726 259,635 INYO 18,573 75,000 23,511 70,534 94,045 KERN 857,882 75,000 238,669 716,0_07 954,676 KINGS 152,007 75,000 57,717 173,151 ITITITmmmITITITITmmmmmmmmmmmmmmmmmmmmmmmmmmmm230,869 _.. ....... .. .._... . .............. . .... .. : .._... .. ..... _ . LAKE 64,531 75,000 35,293 105,878 141,170 LASSEN 33,422 75,000 27,318 81,953 109,271 LOS ANGELES 9,958,091 75,000 2,571,517 7,714,552 10,286,069 MADERA 152,711 75,000 57,898 173,693 231,591 MARIN 254,007 75,000 83,865_ 251,595 335,460 MARIPOSAITITITITITITIT�IT� 18,026 75,000 23,371 ... 70,113. _..._...........................................93,484 MENDOCINO 88,291 75,000 j 41,383 124,150 165,534 MERCED 262,478 75,000 86,037 8,110 ____22 344,146 MODOC 9,522 75,000 21,191 63,573 _ 84,764 MONO 14,493 75,000 22,465 1 67,396 89,861 MONTEREY 421,494 75,000 126,800 F 380,401 507,202 NAPA 138,383 75,000 54,225 162,674 216,899 NEVADA 97,019 75,000 43,621 130,863 174,484 ORANGE 3,081,804 75,000 808,774 2,426,321 3,235,095 PLACER 357,463 75,000 110,386 331,158 441,544 PLUMAS 19,643 75,000 23,786 71,357 95,142 RIVERSIDE 2,255,059 75,000 596,837 1,790,510 2,387,347 SACRAMENTO 1,445,806 75,000 389,384 1,168,152 1,557,536 SAN BENITO 56,669 75,000 33,277 99,831 133,109 SAN BERNARDINO 2,076,274 75,000 551,005 1,653,015 2,204,020 SAN DIEGO 3_,150,178 75,000 826,302 2,478,905 3,305,206 SAN FRANCISCO 825,111 75,000 230,268 690,804 921,072 ___.____.uu._.._ _ _._._. ._._.............._....._._...... .�. SAN JOAQ_UIN 698,414 75,000 197,789 593,368 791,157 SAN LUIS OBISPO 272,177 75,000 88,523 2659569 354,091 SAN MATEO 735,678 _ 75,000 207,342 622,026 829,367 SANTA BARBARA 429,200 75,000 128,776 386,328 515,104 SANTA CLARA 1,842,254 75,000 491,014 1,473,041 1,964,055 Attachment A-Allo cations 2014 oJ ....... SANTA CRUZ 266,662 75,000 87,109 261,327 348,436 SHASTA 178,601 75,000 64,535 193,604 258,138 SIERRA 3,166 75,000 19,562 58,685 78,246 SISKIYOU 44,796 75,000 30,234 90,.701 120,934 _wwwwwww_.._� SOLANO 418,387 75,000 126,004 378,012 504,016 SONOMA 490,423 75,000 144,470 433,411 577,882 _. STANISLAUS 524,124 75,000 153,110 459,329 612,439 ................. .............. ............................._ _.. _... SUTTER 95,851 75,000 43,322 129,965 173,286 TEHAMA 63,772 75,000 35,098 105,294 140,392 TRINITY 13,443 75,000 22,196 66,588 88,785 ___________ TULARE 455,599 75,000 135,543 406,630 542,173 TUOLUMNE 54,360 75,000 32,685 98,056 130,741 ................................ VENTURA 835,436 75,000 232,915 698,745 931,660 YOLO 205,999 75,000 71,558 214,674 286,232 YUBA 73,439 75,000 37,576 112,728 1 150,305 Total 37,966,471 4,350,000 10,820,246 32,460,737 1 43,280,982 Tribal Allocation Coordinating Group Population Base Amount 25% LE SHSP Total Award Tribal 362,801 75,000 111,754 335,263 447,018 Regional Threat Assessment Center (RTAC) Region Total Award ..... .......w_ SAN FRANCISCO BAY AREA 1,000,000 SACRAMENTO/CENTRAL VALLEY AREA 1,000,000 GREATER LOS ANGELES AREA 1,000,000 SAN DIEGO AREA 1,000,000 Total 4,000,000 Urban Areas Security Initiative (UASI) *A minimum of 25% of UASI funding must be utilized for Law Enforcement purposes Federal 83% Allocation 17% State Urban Area Allocation to to UASI Initiatives State ANAHEIM/SANTA ANA AREA 5,500,000 4,565,000 935,000 BAY AREA 27,400,000 1 22,742,000 4,658,000 LOS ANGELES/LONG BEACH AREA 67,500,000 56,025,000 11,475,000 ..._......�._.....- .......... ........... _m....................... ----- RIVERSIDE AREA 1,0009000 830,000 170,000 SACRAMENTO AREA 1,000,000 830,000 170,000 SAN DIEGO AREA 16,874,000 j 14,005,420 2,868,580 Total 119474,000 98,997,420 20,276,580 Attachment B FY14 HSGP Timeline wwwwwwwww__ DHS Announcement of FYI HSGP March 2014 FYI HSGP California Supplement (Including May 2014 Subgrantee Allocations) Release SAA Application Due to DHS.................... ... .. _.._'..May 23,2014 ....................._........._._ _.. ... .................... ........... Subgrantee Application Workshops July 2014* DHS Award to California mmITITITITITITITmmmmmmmmmmmm mmJuly 26, 2014* Subgrantee Applications Due to Cal OES August 1, 2014* Subgrantee Awards (45 days from DHS award) August 10, 2014* Subgrantee Performance Period Begins September 1, 2014* Subgrantee Performance Period Ends May 31, 2016* ..-- _....................... ..................... Final Final Requests for Reimbursement Due June 10, 2016* SAA Performance Period Ends August 31,2016 *Date approximate depending on DHS award date Attachment C Sample Governing Body Resolution Z( BE IT RESOLVED BY THE (Governing Body) OF THE THAT (Name of Applicant) OR (Name or Title of Authorized Agent) OR (Name or Title of Authorized Agent) , (Name of Title of Authorized Agent) is hereby authorized to execute for and on behalf of the named applicant,a public entity established under the laws of the State of California,any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California. Passed and approved this day of ,20 Certification duly appointed and (Name) Of the (Title) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the day of ,20 (Official Position) (Signature) (Date) Attachment D—State Agency Signature Authority Form 2014, AS THE OF THE (Name of the State Organization) l hereby authorize the fb\\ovviog iudividua\(s)to execute for and ou behalf of the named state organization, any actions necessary for the purpose of obtaining federal finouciu| assistance provided by the federal Department of Homeland Security and sub-granted through the California Governor's Office of Emergency Services. OR OR " Signed and approved this day of , 20_______ (Signature) Attachment E—State Agency Project Narrative Form 2014 Applicant(state organization) O)"T Coin.d to a se ur at<. PrQjec"l 1, escrintion jisr°each Dr000sed I.)a°c)"rl Project Title: Indicate the State Priority Objective Supported by the Project: —Interoperable Communications —Catastrophic Planning —Medical Surge —Citizen Preparedness and Participation —Mass Prophylaxis —Critical Infrastructure Protection —Training for First Responders —Food and Agriculture Safety Provide a detailed description of the proposed project and how it supports the state priority indicated. For construction and/or renovation projects,provide the following additional information: • A description and location of the facility; • A description of the vulnerability assessment and the date the assessment was conducted(the assessment does not have to be submitted with the application); • A description of how the proposed project will address the vulnerabilities identified in the assessment; • A description of the consequences if the project is not funded under HSGP FY14 Please check the appropriate box: ❑ Our agency currently has spending authority for the requested funds. ❑ Our agency does not currently have spending authority for the requested funds. See below for explanation: Attachment F FY14 HSGP Application Checklist i i. Subgrantee: FIPS#: Cal OES Regional Rep: OPERATIONAL/URBAN AREAS STATE AGENCIES Financial Management Forms Workbook Financial Management Forms Workbook Face Sheet Face Sheet Authorized Body of 5 Sheet Authorized Body of 5 Sheet FFATA Financial Disclosure Sheet FFATA Financial Disclosure Sheet Project Descriptions Project Descriptions Project Ledger Project Ledger Equipment Inventory Ledger Equipment Inventory Ledger Organization Roster Organization Roster Training Roster Training Roster Planning Ledger Planning Ledger Exercise Roster Exercise Roster Personnel Roster Personnel Roster Consultant Roster Consultant Roster Management and Administration Roster Management and Administration Roster Authorized Agent Sheet Authorized Agent Sheet Narrative Attachments: Narrative Attachments: 25% Law Enforcement—Minimum 25% Law Enforcement—Minimum 5% M&A Cap 5% M&A Cap 50%Personnel Cap 50% Personnel Cap Training w/AAR/Exercise Detail Training w/AAR/Exercise Detail Describe your EOP Describe your EOP Intelligence Analysts Certificates Equipment Typing Equipment Typing Project Narrative Form Approval Authority: Signature Authority—Authorized Agent Contact Information for each member Written Agreement from each member Authorized Agent(s) Information Form Grant Assurances (Signed Originals) Governing Body Resolution (Certified) Authorized Agent(s) Information Form Grant Assurances (Signed Originals) ��'�� . t Attachment G Investment Justifications/Strategic Goals/Objectives � IJ#1: Strengthen Information Sharing and Collaboration Capabilities and Law Enforcement Investigations Goal 1:Enhance Information Analysis and Law Enforcement Capabilities Strengthen Information Sharing and Collaboration Among All Levels of Objective 1.1 Government, Private Industry,Non-Governmental and Community Based Organizations Objective 1.2 Strengthen California's Ability to Identify and Counter Emerging Threats IJ#2: Enhance Protection of Critical Infrastructure and Key Resources Goal 2: Protect Critical Infrastructure and Key Resources Objective 2.1 Implement the California Critical Infrastructure Protection Program IJ#3: Strengthen Communications Capabilities Goal 3: Strengthen Communications Capabilities Objective 3.1 Implement the California Statewide Communications Interoperability Plan Strengthen Alert and Warning Systems to Ensure the Delivery of Clear and Objective 3.2 Consistent Public Information IJ#4: Enhance Communit y Resilience Goal 4: Enhance Planning and Community Preparedness Enhance Citizen Preparedness While Integrating the Needs of Vulnerable Objective 4.1 Populations Objective 4.2 ..................._......_..��._.._......_._._... Strengthen Volunteer Management and Donations IJ#5: Enhance Catastrophic CBRNE and All Hazards Incident Planning and Response Capabilities Goal 5: Strengthen Catastrophic CBRNE and All Hazards Incident Planning,Detection and Response Capabilities Objective 5.1 Strengthen All Hazards Incident Management Capabilities Across California Enhance Resource Management Through Implementation of the California Metrics Objective 5.2 Project Objective 5.3 Implement the California Preventative Radiological and Nuclear Detection Program Objective 5.4 Implement a California Disaster Recovery Framework IJ#6: Enhance Medical and Public Health 11're tiredness Goal 6: Improve Medical and Health Capabilities Enhance Health and Public Health Preparedness and Disaster Response Capabilities Objective 6.1 for All Hazards Objective 6.2 Enhance Medical Preparedness and Disaster Response Capabilities for All Hazards IJ#7: Strengthen Food and Agriculture Preparedness Goal 7: Strengthen Food and Agriculture Preparedness Objective 7.1 Enhance Agriculture Food Systems and Animal Health Preparedness Attachment G Investment justifications/Strategic Goals/Objectives J."201. IJ#8: Homeland Securii Exercise, Evaluation and Trainin Pr rains Goal 8:Enhance Homeland Security Exercise, Evaluation and Training Programs Expand Statewide Training Across All Mission Areas, While Enhancing Professional Training For Emergency Management and Homeland Security Objective 8.1 Disciplines Objective 8.2 Expand Statewide Exercises Across All Mission Areas Attachment "B" (FY 14 Homeland Security Grant Program Guidance) U.S. DEPARTMENT OF HOMELAND SECURITY FUNDING OPPORTUNITY ANNOUNCEMENT (FOA) FY 2014 HOMELAND SECURITY GRANT PROGRAM (HSGP) OVERVIEW INFORMATION Issued By U.S. Department of Homeland Security(DHS): Federal Emergency Management Agency (FEMA) Catalog of Federal Domestic Assistance(CFDA)Number 97.067 CFDA Title Homeland Security Grant Program Program Title Homeland Security Grant Program Authorizing Authority for Program Section 2002 of The Homeland Security Act of 2002, as amended (Pub. L.No. 107-296), (6 U.S.C. § 603) Appropriation Authority for Program The Department of Homeland Security Appropriations Act, 2014(Pub. L.No. 113-76) FOA Number DHS-I4-GPD-067-000-01 Key Dates and Time Application Start Date: 03/18/2014 Application Submission Deadline Date: 05/23/2014 at 11:59:59 p.m. EDT Anticipated Funding Selection Date: 07/26/2014 Anticipated Award Date: No later than 09/30/14 Other Key Dates Period of Performance Start Date: 09/01/2014 Period of Performance End Date: 08/31/2016 Intergovernmental Review An intergovernmental review may be required. Applicants must contact their State's Single Point of Contact(SPOC)to comply with the State's process under Executive Order 12372 (see http://www.fws.gov/policy/librarylrgeo]2372.pdfi. Name and addresses of the SPOCs are 1 FY 2014 HSGP FOA maintained at the Office of Management and Budget's home page at http://www.whitehouse.gov/omb/grants spoc to ensure currency. 2 FY 2014 HSGP FOA FOA EXECUTIVE SUMMARY The FY 2014 HSGP plays an important role in the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (the Goal)of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. The FY 2014 HSGP supports core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery based on allowable costs. HSGP is comprised of three interconnected grant programs: • State Homeland Security Program (SHSP) • Urban Areas Security Initiative (UASI) • Operation Stonegarden (OPSG) Together, these grant programs fund a range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and administration. Funding Category Continuing Date of Origin for Program 11/25/2002 Type of Funding Instrument SHSP and UASI are mandatory grants; OPSG is a discretionary grant Application Process The Department of Homeland Security makes all funding opportunities available through the common electronic "storefront" Grants.gov, accessible on the Internet at http://Www.grants.jzov. For details on how to apply through grants.gov, please read Section IX, "How to Apply." Eligible Applicants State governments 3 FY 2014 HSGP FOA FULL FUNDING OPPORTUNITY ANNOUNCEMENT I. Funding Opportunity Description A. Program Summary The FY 2014 HSGP is comprised of three interconnected grant programs: • State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven, capabilities-based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability targets are established during the THIRA process, and assessed in the State Preparedness Report(SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. • Urban Areas Security Initiative (UASI): The UASI program addresses the unique risk driven and capabilities-based planning, organization, equipment, training, exercise needs, of high-threat, high-density Urban Areas based on the capability targets identified during the THIRA process and associated assessment efforts, and assists them in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. • Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among local, Tribal, territorial, State, and Federal law enforcement agencies in a joint mission to secure the United States' borders along routes of ingress from international borders to include travel corridors in States bordering Mexico and Canada, as well as States and territories with international water borders. All three programs are founded on risk-driven, capabilities-based strategic plans. These strategic plans outline capability requirements and inform how available funding may be applied to manage risk. For these plans to be effective, government officials and elected leaders, working with the whole community, must consider how to sustain current capability levels and address potential gaps to prevent, protect, mitigate, respond to, and recover from acts of terrorism and other disasters. B. Program Priorities The National Preparedness System is the instrument the Nation employs to build, sustain, and deliver core capabilities in order to achieve the National Preparedness Goal (the Goal) of a secure and resilient Nation. Complex and far-reaching threats and hazards require a collaborative and whole community approach to national preparedness that engages individuals, families, communities, private and nonprofit sectors, faith-based organizations, and all levels of government. The guidance, programs, processes, and systems that support each component of the National Preparedness System allows for the integration of preparedness efforts that build, sustain, and deliver core capabilities and achieve the desired outcomes identified in the Goal. The purpose of the HSGP is to prevent terrorism and to prepare the Nation for the threats and hazards that pose the 4 FY 2014 HSGP FOA greatest risk to the security of the United States; therefore, HSGP funded investments must have a terrorism-nexus. To evaluate National progress in building, sustaining, and delivering the core capabilities outlined in the Goal, FEMA annually publishes the National Preparedness Report (NPR). Looking across all 31 core capabilities outlined in the Goal, the NPR provides a National perspective on critical preparedness trends for whole community partners to use to inform program priorities, allocate resources, and communicate with stakeholders about issues of shared concern. Grantees are expected to consider National areas for improvement identified in the 2013 National Preparedness Report, which include cybersecurity, recovery-focused core capabilities,the integration of individuals with access and functional needs, enhancing the resilience of infrastructure systems, and maturing the role of public-private partnerships. Addressing these areas for improvement will enhance preparedness Nation- wide. In addition, the Department of Homeland Security expects grantees to prioritize grant funding to address gaps identified through the annual SPR in achieving capability targets set through the annual THIRA. These assessments identify the jurisdictions' capability targets and current ability to meet those targets. Grantees should prioritize grant funds to increase capability for high-priority core capabilities with low capability levels. Minimum funding amounts are not prescribed by the Department for these priorities; however, grantees are expected to support state, local, regional, and National efforts in achieving the desired outcomes of these priorities. Appendix B also includes other areas where funding can be applied to strengthen preparedness efforts. II. Funding Information A. Available funding for the FOA $1,043,346,000 State Homeland Security Program $401,346,000 Urban Areas Security Initiative $557,000,000 Operation Stonegarden $55,000,000 • 1 111 For details on program-specific funding amounts, refer to Appendix A—FY 2014 Program Allocations. B. Period of Performance Twenty-four(24)months 5 FY 2014 HSGP FOA C. Extensions to the Period of Performance Extensions to the period of performance will be considered only through formal requests to FEMA with specific and compelling justifications as to why an extension is required. Agencies should request extensions sparingly and expect extensions to be granted only under exceptional circumstances. For additional information on period of performance extensions, refer to Information Bulletin (IB) 379 located at tir.'/ - V . iraaa.. r fmLr° a rrm. directorwatex? rraacear. 1� llctti D. Risk Methodology Based upon the requirements of the Homeland Security Act of 2002, as amended, DHS continues to inform final grant allocation decisions based upon risk. DHS defines risk as: "potential for an unwanted outcome resulting from an incident, event, or occurrence, as determined by its likelihood and the associated consequences" (see ttt : / ur aP. 11�.s. �rr0xlilacr �/r *c is/�11sr i,s . lecr - 010. art . DHS utilizes a comprehensive risk methodology focused on three principal elements: • Threat—likelihood of an attack being attempted by an adversary; • Vulnerability—likelihood that an attack is successful, given that it is attempted; and • Consequence—effect of an event, incident or occurrence The risk methodology determines the relative risk of terrorism faced by a given area. It takes into account the potential risk of terrorism to people, critical infrastructure, and economic security. The threat analysis continues to account for threats from domestic violent extremists as well as international terrorist groups and those individuals inspired by terrorists abroad. SHSP Allocations FY 2014 SHSP funds will be allocated based on three factors: minimum amounts as legislatively mandated, DHS' risk methodology, and anticipated effectiveness of proposed projects. The anticipated effectiveness is assessed based on the applicant's description of how the proposed projects, as outlined in the Investment Justification (IJ), align with the State THIRA and SPR results. Each State and territory will receive a minimum allocation under SHSP using the thresholds established in the Homeland Security Act of 2002, as amended. All 50 States, the District of Columbia, and Puerto Rico will receive 0.35 percent of the total funds allocated for grants under Section 2003 and Section 2004 of the Homeland Security Act of 2002, as amended. Four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands)will receive a minimum allocation of 0.08 percent of the total funds allocated for grants under Section 2003 and 2004 of the Homeland Security Act of 2002, as amended. For details on program-specific funding amounts, refer to Appendix A—FY 2014 Program Allocations. UASI Allocations FY 2014 UASI funds will be allocated based on DHS' risk methodology and then on anticipated effectiveness of proposed projects. The anticipated effectiveness is assessed based on the applicant's description of how the proposed projects, as outlined in the IJ, align with the Urban Area THIRA. Eligible candidates for the FY 2014 UASI program 6 FY 2014 HSGP FOA have been determined through an analysis of relative risk of terrorism faced by the 100 most populous metropolitan statistical areas (MSAs) in the United States, in accordance with the Homeland Security Act of 2002, as amended. Detailed information on MSAs is publicly available from the United States Census Bureau at w x aLnLl. For details on program-specific funding amounts, refer to Appendix A—FY 2014 Program Allocations. OPSG Allocations FY 2014 OPSG funds will be allocated based on risk-based prioritization using a U.S. Customs and Border Protection (CBP) Sector-specific border risk methodology. Factors considered include, but are not limited to: threat, vulnerability, miles of border, and other border-specific "law enforcement intelligence," as well as feasibility of FY 2014 Operation Orders to designated localities within the United States Border States and territories. For details on program-specific funding amounts, refer to Appendix A—FY 2014 Program Allocations. III. Eligibility Information A. Eligibility Criteria All 56 States, territories and Commonwealths are eligible to apply for SHSP funds. For those States, territories and Commonwealths that are eligible for UASI and/or OPSG funds, the State Administrative Agency(SAA) is the only entity eligible to submit applications to FEMA on behalf of UASI and OPSG applicants. Eligible sub-recipients under the FY 2014 OPSG are local units of government at the county level and Federally-recognized Tribal governments in the States bordering Canada, States bordering Mexico, and States and territories with international water borders. All applicants must have active ongoing CBP operations coordinated through a sector office. Eligible States and territories with a county or similar level of government structure are authorized to accept applications on behalf of the alternative unit of local government. SAAB in this situation must advise FEMA in writing as to their intent to apply. i. Cost Share/Match A cost share/match is not required under this Program. ii. Maintenance of Effort Maintenance of effort is not required under this Program, iii. Pass Through Funding The SAA must obligate at least 80 percent(80%) of the funds awarded under SHSP and UASI to local units of government within 45 days of receipt of the funds. If receiving OPSG funds, the recipient must pass through 100 percent(100%) of OPSG allocations to eligible jurisdictions. For States withholding Management and Administration M&A costs, please refer to Section IV, A, ii on M&A for how to calculate percentage pass through funds, 7 FY 2014 HSGP FOA iv. Other Eligibility Requirements Emergency Management Assistance Compact(EMAC)Membership In support of the Goal, grantees must belong to, be located in, or act as a temporary member of EMAC, except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. All assets supported in part or entirely with FY 2014 HSGP funding by States, territories, and Tribes must be readily deployable to support emergency or disaster operations per existing EMAC agreements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities such as Geographic/Geospatial Information Systems (GIS), interoperable communications systems, capabilities as defined under the mitigation mission area of the Goal, and fusion centers. National Incident Management System (NIMS)Implementation Prior to allocation of any Federal preparedness awards in FY 2014, grantees must ensure and maintain adoption and implementation of NIMS. Emergency management and incident response activities require carefully managed resources (personnel, teams, facilities, equipment and/or supplies)to meet incident needs. Utilization of the standardized resource management concepts such as typing, inventorying, and cataloging promote a strong national mutual aid capability needed to support delivery of core capabilities. Additional information on resource management and national Tier I NIMS Resource Types can be found at http://www.fema.gov/resource-management. FEMA developed the NIMS Guideline for Credentialing of Personnel to describe national credentialing standards and to provide written guidance regarding the use of those standards. This guideline describes credentialing and typing processes, and identifies tools which Federal Emergency Response Officials (FEROs) and emergency managers at all levels of government may use both routinely and to facilitate multijurisdictional coordinated responses. Although State, local, Tribal, and private sector partners—including nongovernmental organizations—are not required to credential their personnel in accordance with these guidelines, FEMA strongly encourages them to do so in order to leverage the Federal investment in the Federal Information Processing Standards (FIPS) 201 infrastructure and to facilitate interoperability for personnel deployed outside their home jurisdiction. Additional information can be found at h :41111�re)t ema. ro a a"/�r Emergency Operation Plan (EOP) Grantees must update their EOP at least once every two years to comply with Comprehensive Preparedness Guide (CPG) 101 version 2.0,Developing and Maintaining Emergency Operations Plans. Grantees will use the State Preparedness Report(SPR)to report their compliance with this reporting requirement. 8 FY 2014 HSGP FOA Threat and Hazard Identification and Risk Assessment(THIRA) Grantees must update their THIRA by December 31, 2014. Further details on the THIRA as it relates to HSGP Program requirements can be found in Appendix B - FY 2014 HSGP Program Priorities. For additional guidance on THIRA, please refer to CPG 201, Second Edition, available at http://www.fema.gov/plan. State Preparedness Report(SPR) The SPR is an annual capability assessment. The Post-Katrina Emergency Management Reform Act of 2006(PKEMRA) requires an SPR from any state/territory receiving federal preparedness assistance administered by DHS. Each state submits an annual SPR to FEMA. Refer to Appendix B—FY 2014 HSGP Program Priorities for additional guidance on SPR requirements. IV. Funding Restrictions A. Restrictions on Use of Award Funds Federal funds made available through this award may only be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the federal government or any other government entity. For additional details on restrictions of the use of funds, refer to Appendix C —FY2014 HSGP Funding Guidelines. L Pre-award Costs Pre-award costs are allowable only with the written consent of DHS and if they are included in the award agreement. ii. Direct Costs Management and Administration (M&A) Management and administration (M&A) activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. A maximum of up to five percent(5%)of HSGP funds awarded may be retained by the State, and any funds retained are to be used solely for M&A purposes associated with the HSGP award. Sub-grantees may also retain a maximum of up to five percent (5%)of funding passed through by the State solely for M&A purposes associated with the HSGP award. A State's HSGP funds for M&A calculation purposes includes the sum total of its SHSP, UASI, and, where applicable, OPSG awards. While the SAA may retain up to five percent(5%) of this total for M&A, grantees must still ensure that all sub-grantee award amounts meet the mandatory minimum pass through requirements which are applicable to each HSGP program. To meet this requirement the percentage of 9 FY 2014 HSGP FOA SHSP, UASI and OPSG funds passed through to local jurisdictions must be based on the State's total HSGP award prior to withholding any M&A. For additional information on SHSP and UASI M&A, refer to IB 365. For additional clarification on OPSG M&A, refer to FEMA Policy FP-207-087-1. These documents can be found at on- bulletins and LWIp,2L do 783 �vj�Lvvv. & -1, ?id= respectively. J_±�L nVvieviRecor, Planning Planning related costs are allowed under this program. Organization Grantee organization costs for carrying out the grant's programmatic activities are allowed under this program. Equipment Equipment costs are allowed under this program, Training Training related costs are allowed under this program. Exercises Exercise related costs are allowed under this program. Travel Domestic Domestic travel costs are allowed under this program. International International travel is not an allowable cost under this program unless approved in advance by FEMA. Construction and Renovation Construction and renovation costs are allowed under this program. Operational Overtime Operational Overtime costs are allowed under this program. Maintenance and Sustainment Maintenance and sustainment costs are allowed under this program. Critical Emergency Supplies Critical emergency supply related costs are allowed under this program. iii. Indirect Costs Indirect costs are allowable under this program, but only if the applicant has an approved indirect cost rate agreement with the cognizant Federal agency. A copy of 10 FY 2014 HSGP FOA the approved rate (a fully executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time of application. iv. Other Cost Requirements Consolidation of Law Enforcement Terrorism Prevention Activities (LETPA) Per section 2006 of the Homeland Security Act of 2002 (Public Law 107-296), as amended, (6 U.S.C. § 607), States are required to ensure that at least 25 percent (25%)of the combined HSGP funds allocated under SHSP and UASI are dedicated towards law enforcement terrorism prevention activities. The LETPA allocation can be from SHSP, UASI or both. This requirement does not include award funds from OPSG. Please refer to Appendix A—FY 2014 Program Allocations for LETPA minimum allocations for SHSP and UASI by jurisdiction. The National Prevention Framework describes those activities that should be executed upon the discovery of intelligence or information regarding an imminent threat to the homeland, in order to thwart an initial or follow on terrorist attack, and provides guidance to ensure the Nation is prepared to prevent, avoid, or stop a threatened or actual act of terrorism.Activities outlined in the National Prevention Framework are eligible for use of LETPA focused funds. In addition, where capabilities are shared with the protection mission area,the National Protection Framework activities are also eligible. Other terrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator. SHSP and UASI Pass-Through Requirements Awards made to the SAA for HSGP carry additional pass through requirements. Pass through is defined as an obligation on the part of the States to make funds available to local units of government, combinations of local units, or other specific groups or organizations. The State's pass through requirement must be met within 45 days of the award date. Four requirements must be met to pass through grant funds: • There must be some action to establish a firm commitment on the part of the awarding entity; • The action must be unconditional on the part of the awarding entity(i.e., no contingencies for availability of SAA funds); • There must be documentary evidence of the commitment; and • The award terms must be communicated to the official grantee The SAA must obligate at least 80 percent(80%) of the funds awarded under SHSP and UASI to local units of government within 45 days of receipt of the funds. The signatory authority of the SAA must certify in writing that these obligations have been met. A letter of intent (or equivalent)to distribute funds is not considered sufficient. Award sub-recipients must receive their funds within 45 days from the date the funds are first made available to the grantee so that they can initiate implementation of approved investments. For the Commonwealth of Puerto Rico, the SAA must also obligate at least 80 percent (80%) of the funds to local units of 11 FY 2014 HSGP FOA government within 45 days of receipt of the funds. For SHSP awards, no pass through requirements will be applied to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Any UASI funds retained by the SAA must be used to directly support the designated Urban Areas in the State. Under SHSP,the State may retain more than 20 percent(20%) of SHSP funding for expenditure made by the State on behalf of the local unit(s)of government. This may occur only with the written consent of the local unit of government, with the written consent specifying the amount of funds to be retained and the intended use of funds. If a written consent agreement is already in place from previous fiscal years, FEMA will continue to recognize it for FY 2014. If any modifications to the existing agreement are necessary to reflect new initiatives, States should contact their assigned FEMA Program Analyst. If UASI funds are used by the SAA in support of the Urban Area, the SAA must propose an Investment describing how UASI funds will be used by the SAA to directly support the Urban Area. OPSG Pass-Through Requirement The recipient must pass through 100 percent (100%)of OPSG allocations to eligible jurisdictions. The recipient is prohibited from obligating or expending funds provided through this award until each unique and specific county level or equivalent Operational Order/Fragmentary Operations Order with an embedded estimated operational budget has been reviewed and approved through an official electronic mail notice issued by FEMA removing this special programmatic condition. Funds Transfer Restriction The recipient is prohibited from transferring funds between programs (includes SHSP, UASI, and OPSG). Grantees are allowed to submit an Investment/project where funds come from multiple funding sources (i.e., SHSP/UASI); however, grantees are not allowed to divert funding from one program to another due to the risk-based funding allocations, which were made at the discretion of DHS. For additional details on restrictions on the use of funds, refer to Appendix C— Funding Guidelines. Environmental Planning and Historic Preservation (EHP) Compliance As a Federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants-funded projects, comply with Federal EHP regulations, laws and Executive Orders as applicable. Grantees and sub-grantees proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that 12 FY 2014 HSGP FOA explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. EHP Policy Guidance can be found in FP 108-023-1,Environmental Planning and Historic Preservation Policy Guidance, at http://www.fema.gov/media- 1 ibrary/assets/documents/853 76. SAFECOM Grantees (including sub-recipients) who receive awards under HSGP that wholly or partially provide funding for emergency communication projects and related activities should comply with the most recent version of the SAFECOM Guidance on Emergency Communications Grants, htt a.Avvidw s tf This guidance provides recommendations to grantees regarding interoperable emergency communications projects, including allowable costs, eligible activities, grants management best practices for emergency communications grants, and information on technical standards that ensure greater interoperability. The guidance is intended to ensure that Federally-funded investments are compatible, interoperable, and support the national goals and objectives for improving emergency communications nationwide. Grantees (including sub-recipients) investing in broadband-related investments should review 113 386: f:'lc r°llcc tirr a r Use o 'l l f I JA Public 9 cz �Gr°ar t li'r a ds r'r 1'i)"Mldband-belated E'xnendit uses and h7vestnients, and consult their FEMA Headquarters Program Analyst on such Investments before developing applications. V. Application Review Information and Selection Process A. Application Review Information FY 2014 HSGP applications will be evaluated through a review process for completeness, adherence to programmatic guidelines, and anticipated effectiveness of the proposed Investments. The results from the review process may require applicants to revise submissions before the release of HSGP funding. i. SHSP and UASI FEMA will verify compliance with all administrative and eligibility criteria identified in the application kit, to include the required submission of risk driven, capabilities- based Us by the established due dates and verification of alignment to Urban Area, State, and regional THIRAs; SPRs; and national priorities. State and Urban Area Homeland Security Strategies will also be examined for further context regarding current capability levels and how IJs address potential gaps to prevent, protect, mitigate, respond to, and recover from acts of terrorism and other disasters. FY 2014 SHSP and UASI are non-competitive programs. For additional information on FY 2014 SHSP and UASI allocations, refer to Appendix A—FY 2014 Program Allocations. 13 FY 2014 HSGP FOA ii.. OPSG Applications will be reviewed by the SAA and U.S. Customs and Border Protection (CBP)/Border Patrol (BP) Sector Headquarters for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the Operations Orders. FEMA will verify compliance with all administrative and eligibility criteria identified in the FOA and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. FEMA and CBP/BP will use the results of both the risk analysis and the Federal review to make recommendations for funding to the Secretary of Homeland Security. FY 2014 OPSG funds will be allocated competitively based on risk-based prioritization using a CBP Sector-specific border risk methodology. Factors considered include, but are not limited to: threat, vulnerability, miles of border, and other border-specific "law enforcement intelligence," as well as feasibility of FY 2014 Operation Orders to designated localities within the United States border States and territories. For details on program-specific funding amounts, please refer to Appendix A—FY 2014 Program Allocations. VI. Federal Award Administration Information A. Notice of Award Notification of award approval is made through the ND Grants system through an automatic electronic mail to the awardee authorized official listed in the initial application. The date of approval of award is the "award date." The awardee should follow the directions in the notification to accept the award. Grantees must accept their awards no later than 90 days from the award date. The grantee shall notify the awarding agency of its intent to accept and proceed with work under the award, or provide a written notice of intent to decline. Funds will remain on hold until the grantee accepts the award through the ND Grants system and all other conditions of award have been satisfied, or the award is otherwise rescinded. Failure to accept the grant award within the 90 day timeframe may result in a loss of funds. B. Administrative and Federal Financial Requirements Before accepting the award, the authorized official should carefully read the award package for instructions on administering the grant award and terms and conditions associated with responsibilities under Federal awards. Grantees must accept all conditions in this FOA as well as any Special Terms and Conditions in the Award package to receive an award under this program. L Standard Terms and Conditions 14 FY 2014 HSGP FOA All successful applicants for all Dl{S grant and cooperative agreements are required to comply with DHS Standard Administrative Terms and Conditions available at: . ii. Payment FEMA utilizes the P8M/k Payment and Reporting System (PARS) for financial reporting, invoicing and tracking payments. Additional information can be obtained at ^ D}{S/FBMA uses the DircotDcpoxitDEicctnnnic Funds Transfer(D[/BFl) method of payment torecipients. To enroll in the IJlJ/RFT, the recipient must complete o Standard Form ||g9A, Direct Deposit Form. C. Reporting Requirements /\v/ordees are required to submit various fiuuuoiu) and programmatic reports uxu condition nf their award acceptance. Future awards and funds dcavvdnwn may hc withheld if these reports are delinquent. i' Financial and Compliance Audit Report For audits of fiscal ycuzm beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding sources during their floco\ year are required to submit uuorganization-wide financial and compliance audit report. The audit must be performed in accordance with the requirements of GAO's Government Auditing Standards, located n1 and the requirements of Subpart Fof2C.p.0. Part 2O0, located n1 . For audits offiuoo] years beginning prior to December 26, 20)4, recipients that expend $500,000 or more from all federal funding sources during their fiscal year are required tn submit uo organ izn1iou-vvido financial and compliance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, located at and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at Audit reports are currently due to the Federal Audit Clearinghouse no later than nine months after the end of the recipient's flacu1 year. ii. Financial Reporting Periods and Due Dates The following reporting periods and due dates apply: January I —March 31 April 30 April I —June 30 July 30 July I —September 30 October 30 15 FY 2014 BS(]P F{)A iii. Federal Financial Report(FFR) Obligations and expenditures must be reported on a quarterly basis through the FFR (SF-425) and must be filed electronically using PARS. The form is available at ar./'aPwzGf. aatcaa�a�a. r���± sAdi(trltrwc /aaartlesJ„r�r�l caaaaF � , An FFR report must be submitted quarterly throughout the period of performance, including partial calendar quarters, as well as for periods where no grant award activity occurs. The final FFR is due 90 days after the end date of the performance period. FFRs must be filed electronically through PARS. Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail. iv. Program Performance Reporting Requirements The following reporting periods and due dates apply: Reporting Period Report Due Date January 1 —June 30 July 30 July 1 —December 31 January 30 Performance Progress Report (SF-PPR) Awardees are responsible for providing updated performance reports using the SF- PPR (OMB Control Number: 0970-0334) on a biannual basis. Grantees must complete the cover page of the SF-PPR and submit it as an attachment to the ND Grants system. The SF-PPR can be accessed online at Grantees will be required to report on progress towards implementing plans described in their application, as well as, progress made towards implementing performance measures as described in Appendix B - Program Specific Priorities. As part of the SF-PPR, grantees will be required to report on progress towards implementing the following performance measures: • For fusion centers, the achievement of capabilities and compliance with measurement requirements within the Maturation and Enhancement of State and Major Urban Area Fusion Centers priority through the annual Fusion Center Assessment Program managed by the DHS Office of Intelligence and Analysis (I&A) and reported to FEMA; and Pass-Through Certification Requirement For FY 2014, the Initial Strategy Implementation Plan (ISIP) will no longer be required. In place of the ISIP, the signatory authority of the SAA must certify in writing to the respective FEMA GPD Program Analyst that the 80 percent(80%) pass-through obligation was met within 45 days of the award date. Biannual Strategy Implementation Reports (BSIR) In addition to the quarterly financial and biannual performance progress reports, grantees are responsible for completing and submitting BSIRs. The BSIR is due 16 FY 2014 HSGP FOA within 30 days after the end of the reporting period (July 30 for the reporting period of January 1 through June 30 (the summer BSIR report); and January 30 for the reporting period of July 1 through December 31 (winter BSIR report). In the first BSIR, grantees must provide the information on all awarded funds, by identifying all projects that were not included in the application. In the BSIR grantees will be responsible for linking projects to sub grantees and reporting on project progress. The BSIR reports will be used as an additional validation that the pass-through requirement is met throughout the period of performance of the award. All required attributes of each project must be included. Updated obligations, expenditures, and significant developments must be provided within the BSIR to show progress of implementation for every project, as well as how expenditures support Planning, Organization, Equipment, Training and Exercises (POETE). The first BSIR will be due January 30, 2015, (30 days after the end of the first reporting period for the award. Subsequent BSIR reports will require grantees to report on a project-by- project basis. D. Monitoring Grant recipients will be monitored on an annual and as needed basis by FEMA staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring may be accomplished through either a desk-based review or on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance and administrative processes, policies, activities, and other attributes of each Federal assistance award and will identify areas where technical assistance, corrective actions and other support may be needed. E. Closeout Pursuant to 44 C.F.R. § 13.50(b) Reports, within 90 days after the expiration or termination of the grant, the grantee must submit all financial, performance, and other reports required as a condition of the grant. Within 90 days after the end of the period of performance, grantees must submit the following: 1) Final request for payment, if applicable; 2) SF-425 —Final Federal Financial Report; 3) SF-PPR—Final Performance Progress Report; 4) A qualitative narrative summary on the impact of those accomplishments throughout the entire period of performance submitted to the respective Grant Programs Directorate (GPD) Program Analyst in a Word document; 5) SF-428—Tangible Personal Property Report—Inventory of all tangible personal property acquired using funds from this award. The form is available at No a:111MM 14p ilehou e. W'sile LleLe.�rrrC��r/L�V'J .��c f" 17 FY 2014 HSGP FOA 6) When applicable, Sp-42g—Real Status Report— Inventory of all construction projects uaing funds from this award. The form io available at 7) Other documents required by program guidance or terms and conditions of the award. In order to close an award, grantees must be current on, and have submitted, all required reports per the terms and conditions of the grant award. Once the grant has officially been closed, the gcuutcc will receive u(]caot Adjustment Notice ((3AN)which will provide information regarding the amount of any deobligated funds, equipment disposition, and record n:tcudou requirements for closed awards. [fPBMA has made reasonable attempts through multiple contacts to close out awards within the required 180 days, FEMA may waive the requirement for a particular report and administratively close the uvvucd. If this action is taken, consideration for subsequent awards tothe gcnutcc may be impacted urrestricted. The grantee is responsible for returning any funds that have been drawn down, but remain as un|iquidu1cdongrantee financial records. F. Extensions Extensions tothe initial period ofperformance identified in the award will only be considered through formal, written requests tothe grantee's respective Headquarters Program Analyst and must contain spcoifioand compelling justifications uxto why un cztcuoinn is required. States are advised to coordinate with the Program Analyst ua needed, when preparing an extension request. All extension requests must address the following: 1) Grant Program, Fiscal Year, and award number; 2) 8oauoofbrdelay—tbioouumtiuoiudcdetailmoftbc |cgal" po|icy, oropuotinoul challenges being experienced that prevent the fiuu| outlay of awarded funds by the applicable deadline; 3\ Current status of the activity/actividuo' 4) Approved period ofpccfbonauce termination date and new project oonnp|udoudn1c; 5) Amount of funds drawn down todate; 6) Remaining available funds, both Federal and uou-Fcdcrul; 7) Budget outlining how remaining Federal and non-Federal funds will be expended; Q) P|ou for completion, including milestones ouddoocfrumos for achieving each milestone and the position/person responsible for implementing the p|uu for completion; and g) Certification that the activity/activities will be completed within the extended period of performance without any 000difiuo1ioutn the original Statement of Work approved hyFBMA. /\=undccs must submit all proposed extension requests to [Jl{S/FEMA for review and approval no later than 120 days prior to the end of the period of performance. In 18 PY2O|4BSGPF()/k accordance with GPD policy, extensions are typically granted for no more than a six month time period. Extension requests will be granted only due to compelling legal, policy, or operational challenges. For more information on extensions, refer to IB #379, Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding at ,,.,11vsmti iv. nw.gr' 19 FY 2014 HSGP FOA VII. DHS FEMA Contact Information A. For Financial, Programmatic, or Administrative Questions Pre-Award and Post Award i. Centralized Scheduling and Information Desk(CSID) CSID is a non-emergency comprehensive management and information resource developed by DHS for grants stakeholders. CSID provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the Federal, State, and local levels. When necessary, grantees will be directed to a Federal point of contact who can answer specific programmatic questions or concerns. CSID can be reached by phone at(800)368- 6498 or by e-mail at askcsid e,dhs.gov, Monday through Friday, 8:00 a.m.—5:30 p.m. EST. ii. Grant Programs Directorate(GPD) Grant Operations Division GPD's Grant Operations Division Business Office provides financial support and technical assistance. The Grant Operations Division manages, administers, and conducts application budget review, creates the award package, approves, amends and closes out awards. Additional guidance and information can be obtained by contacting the FEMA Call Center at (866) 927-5646 or via e-mail to ASK- GMD(&dhs.aov. iii. FEMA Regions FEMA Regions may also provide fiscal support, including pre- and post-award administration and technical assistance such as conducting cash analysis, financial monitoring, and audit resolution to the grant programs included in this solicitation, GPD will provide programmatic support and technical assistance. For a list of contacts, please go to http.11 www.fema.,-ov/about/contact/reeions.shtm. iv. Systems Information Grants.gov. For technical assistance with Grants.jo—v, please call the Grants.gov customer support hotline at(800)518-4726. Non-Disaster(ND) Grants. For technical assistance with the ND Grants system, please contact nd rg antsg ema.gov or(800)865-4076. v. GPD Environmental Planning and Historic Preservation (GPD-EHP) The FEMA GPD-EHP Team provides guidance and information about the EHP review process to grantees and sub grantees. All inquiries and communications about GPD projects or the EHP review process, including the submittal of EHP review materials, should be sent to gpdehpinLbg/ema.gov. EHP Technical Assistance, including the EHP Screening Form, can be found at ham://www. ema.gov/media- 20 FY 2014 HSGP FOA vi. Telephone Device for the Deaf(TD0) The Telephone Device for the Deaf JDD) and/or Federal Information Relay Service (PlHL8) number available for this announcement is: (000) 462-7505. vii.Hard copies of thm87OA Hard copies ofthe F{)/k are not available. VIII. Other Critical Information National Preparedness DBS coordinates with local, State, territory, Tribal, and Federal governments aawell as the private and uoopnnfitsectors to facilitate onoii-of'on1ion/whn|c community, risk driven, and capabilities-based approach topreparedness. This approach iu grounded iu the idoudOoo1inu and aascoaouoo1 of risk through the T}{lR/\. Urban Areas and States must maintain and update their Tl{lRAu, and Stodcn their SPB|s, annually to cuoucc that the community's shared understanding of risk evolves to account for changes in the risk |uudacuyo, including successful oudigo1iou efforts, emerging threats, hazards, and associated consequences. Information on the National Preparedness System can be found in the National Preparedness System Description (released November 20l|), vvbiob is posted oo the F[IM/kvvebsiteut preparedness-system. Additional details regarding how the National Prspancducmu System is supported by the 8SGP can hc found io Appendix B—Program Spccifio Priorities. FY 2014 Unified Reporting Tool(UR T) The 00T is PEMA's collection mechanism for TBlRA/8PR and other related preparedness iofbono1iou. The FY 2014 SPBL includes questions related toNlM8 adoption and irup|enncututinu, and Comprehensive Preparedness Guide 10 v2.0 compliance. 8X' &8ww to Apply A. Application Overview Applying for an award under this program is uoould-otcp pnnoono and requires time to complete. To ensure that an application is submitted on time applicants are advised to start the required steps well in advance nf their submission. Applicants should aUXovv at least 15 business days (three weeks) to complete the five steps of applying listed below. Failure of an applicant to comply with any ofthe required otcyu before the deadline for submitting their application will uutonuo1iou||y disqualify their application from funding. The steps involved in applying for an award under this program are: l) Applying for, updating or verifying their Data Duivocou|Numbering System (IJUI��)l�000bcc ` ' ^ 21 PY2O|4D8GPF{)& 2) Applying for, updating or verifying their Employer Identification Number(EIN); 3) Updating or verifying their System for Award Management (SAM)registration; 4) Submitting an initial application in grants.gov; 5) Completing Investment Justifications in the Grant Reporting Tool (GRT) and; 6) Submitting the complete application in ND Grants. To ensure adequate time to complete the full application process, applicants are encouraged to submit their initial application in Grants.gov(Step 4) at least ten (10) days before the May 23, 2014 application deadline 1. Obtain a Data Universal Numbering System Number (DUNS) The applicant must provide a DUNS number with their application. This number is a required field for all subsequent steps in the application submission. Applicants should verify they have a DUNS number, or take the steps necessary to obtain one. Applicants can receive a DUNS number at no cost by calling DUNS number request line at(866) 705-5711. FEMA cannot assist applicants with questions related to obtaining a current DUNS number. 2. Obtain an Employer Identification Number (EIN) FEMA requires both the EIN and a DUNS number prior to the issuance of a financial assistance award and, for grant award payment. Both are also required to register with SAM (see below). The EIN base for an organization is the IRS Tax ID number, for individuals it is their social security number, both of which are nine-digit numbers. Organizations and individuals submitting their applications must correctly identify the EIN from the DUNS since both are 9-digit numbers. If these numbers are not correctly identified in the application, this may result in a delay in the issuance of an award and/or incorrect payment to a grantee organization. Organization applicants applying for an EIN should plan on a minimum of two full weeks to obtain an EIN. If you need assistance registering an EIN, go to �r�'t:�.°IJa�������,./r.�•. �c����� 'r�.�°a� .�r�°c���" "�aaca�"����t�. � ��a�w��.�.. ��� f���xt alp +��cr"��1��- c��^-�t�t-. I7ra?1.1((La-fri=fat i ion-Ar��r�ber°- "1 -Qi�ijlge. FEMA cannot assist applicants with questions related to obtaining a current EIN. 3. Register with the System for Award Management(SAM) Payments are contingent on the information provided in SAM and must be completed by the applicant at http://www.sam.gov. It is imperative that the information provided by the applicant is correct and current. Please ensure that your organization's name, address, DUNS number and EIN are current in SAM and that the DUNS number used in SAM is the same one used to apply for all other FEMA awards. SAM registration is a multi-step process including validating your EIN with the Internal Revenue Service (IRS)to obtain a Commercial and Government Entity (CAGE) code. The CAGE code is only valid for one year after issuance and must be current at the time of application. 22 FY 2014 HSGP FOA If you need assistance registering with SAM, please go to https://www.fsd.gov/or call 866-606-8220. FEMA cannot assist applicants with questions related to obtaining a current CAGE code. 4. Initial Application Submission in Grants.gov All applicants submit their initial application through Grants.gov. Applicants may need to first create a Grants.gov user profile by visiting the Get Registered section of the grants.gov website. Successful completion of this step is necessary for FEMA to determine eligibility of the applicant. Applicants should complete this step at http://www.grants.gov. The initial on-line application in grants.gov requires completing • Standard Form 424 (SF 424), Application for Federal Assistance, and • Grants.gov Form Certification Regarding Lobbying Form. Both forms are available in the Forms tab under SF-424 Family. The initial application cannot be started or submitted in Grants.gov unless the applicant's registration in SAM is confirmed. Application forms and instructions are available at Grants.gov. To access these materials, go to http://www.grants.gov, select Apply for Grants, enter the CFDA number or the FOA number noted in this FOA, select Download Application Package, and follow the prompts to download the application package. The information submitted in grants.gov will be retrieved by ND Grants, which will allow FEMA to determine if an applicant is eligible. Applicants arc encouraged to submit their initial application at least ten (10) days before the May 23, 2014 application deadline. If you need assistance applying through grants.gov, please go to http://www.grants.gov/web/grants/applicants/grant-application-process.html, contact support @grants.gov, or call 800-518-4726. FEMA cannot assist applicants with questions related to registering with grants.gov. 5. Completing Investment Justifications in the Grant Reporting Tool For more information on how to complete IJs, refer to the Investment Justification Planning Guide found at www.fema.gov/ rg ants. 6. Final Application Submission in FEMA's Non Disaster Grants System (ND Grants) Eligible applicants will be notified by FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement. Early registration will allow applicants to have adequate time to start and complete their application. The application must be completed and final submission made through the ND Grants system located at https:Hportal.fema.gov. In ND Grants, applicants will be prompted to submit all of the information contained in the following forms: 23 FY 2014 HSGP FOA Standard Form 424A, Budget Information (Non-construction) Standard Form 424B, Standard Assurances (Non-construction) Standard Form 424D, Standard Assurances (Construction) Standard Form LLL, Disclosure of Lobbying Activities (if the grantee has engaged or intends to engage in lobbying activities) Grants.gov (GG) Lobbying Form, Certification Regarding Lobbying. Applicants will also be prompted to assure compliance with all Standard and Special Terms and Conditions before being eligible to receive an award under this program. In addition applicants must submit copies of the following in ND Grants: • Standard Form 424C, Budget Information (Construction) if applying for grants to support construction; • Investment Justification • Program and Budget Narrative • Program Work Plan • Project Objectives • Detailed budget • Indirect Cost Agreement. If you need assistance registering on the ND Grants system, please contact ndgrants @fema.gov or(800) 865-4076. HSGP Program Specific Application Instructions Investment Justification (SHSP and UASI) As part of the FY 2014 HSGP application process for SHSP and UASI funds, applicants must develop a formal IJ that addresses each investment being proposed for funding. The IJ must demonstrate how proposed projects support sustainment of existing core capabilities or address capability gaps and deficiencies in one or more core capabilities outlined in the Goal and as identified in their most recent State Preparedness Report. The IJ must also demonstrate alignment to the Urban Area, State, and/or regional THIRAs, national priorities, and applicable guidance provided by FEMA. The IJ must also describe engagement with and/or impacts on the general and vulnerable populations, to include children,the elderly, pregnant women, and individuals with disabilities such as those with access and functional needs. Furthermore,the IJ must clearly identify and explain the nexus to terrorism preparedness. IJs are submitted in the GRT. The IJ Guide contains instructions for collecting the required information for Investments and projects. Additionally, applicants should utilize the Project Worksheet to assemble the information required for each project, which will facilitate the input of that information into the GRT. 24 FY 2014 HSGP FOA Instructions for SHSP • Applicants must propose at least one and include up to 10 projects within each Investment in their IJ to describe the activities they would like to implement with SHSP funds • Any projects not included in the application must be included in the first BSIR • Of the proposed Investments, applicants are required to propose at least one Investment to provide funding support to the State's primary fusion center, as designated by the Governor. Grantees must coordinate with the fusion center when developing a fusion center Investment prior to submission • Grantees investing in emergency communications must describe how activities align to their Statewide Communication Interoperable Plan (SCIP). Grantees must coordinate with their Statewide Interoperability Coordinator(SWIC) and/or Statewide Interoperability Governance Body(SIGB)when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems Instructions for UASI • Urban Areas must propose at least one and up to 10 projects within each Investment in their IJ to describe the activities they are planning to implement with UASI funds • Any projects not included in the application must be included in the first BSIR • If applicable, of the proposed 10 Investments, Urban Areas are required to propose at least one Investment in support of a designated fusion center within the Urban Area. Grantees must coordinate with the fusion center when developing a fusion center Investment prior to submission • If UASI funds are used by the SAA in support of the Urban Area, the SAA must, as part of the up to 10 Investments, propose an Investment describing how UASI funds will be used by the SAA to directly support the Urban Area. • Grantees investing in emergency communications must describe how activities align to the SCIP. Grantees must coordinate with the Statewide Interoperability Coordinator(SWIC)and/or Statewide Interoperability Governance Body(SIGB) when developing an emergency communications Investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems Instructions for OPSG As part of the FY 2014 OPSG application process, each eligible local unit of government at the county level or Federally-recognized Tribal government must develop their Operations Order in coordination with State and Federal law enforcement agencies, to include, but not limited to Customs and Border Patrol (CBP)/Border Protection (BP). Operations Orders that are developed at the county level should be inclusive of city, county, Tribal, and other local law enforcement agencies that are eligible to participate in OPSG operational activities, and the Operations Order should address this in the Executive Summary. The details should include the names of the agencies, the points of contact, and the individual funding requests. All applications must be coordinated through the CBP sector office and that BP will forward application to the SAA for 25 FY 2014 HSGP FOA review. For more information, refer to Appendix E—FY 2014 OPSG Operations Order Template and Instructions and Appendix F—ONG Operational Guidance for more information. 26 FY 2014 HSGP FOA Appendix A — FY 2014 Program Allocations FY 2014 SHSP Allocations Alabama $3,733,000 Montana $3,733,000 Alaska $3,733,000 Nebraska $3,733,000 American Samoa $854,000 Nevada $3,733,000 Arizona $4,568,000 New Hampshire $3,733,000 Arkansas $3,733,000 New Jersey $8,354.000 California $60,035,000 New Mexico $3.733.000 Colorado $3.979.000 New York $76.742.000 Connecticut $3.978.000 North Carolina $5,489,000 Delaware $3.733.000 North Dakota $3.733,000 District of Columbia $4,119,000 Northern Mariana $854,000 Florida $11,010,000 Ohio $7,698,000 Georaia $6,807,000 Oklahoma $3,733,000 Guam $854,000 Oregon $3,837,000 Hawaii $3,733,000 Pennsvlvania $10,026,000 Idaho _$3,733,000 Puerto Rico $3,733,000 Illinois $16,357,000 Rhode Island $3,733,000 Indiana $3,978,000 South Carolina $3..733,000 Iowa $3,733,000 South Dakota $3,733,000 Kansas $3,733,000 Tennessee $3..978.000 Kentucky $3.978.000 1 Texas $21,448,000 Louisiana $3.978.000 U.S. Virgin Islands $854,000 Maine $3.733.000 Utah $3.733.000 Maryland $6,125,000 Vermont $3,733,000 Massachusetts $5,622,000 .1 Virainia $7,414,000 Michigan $6,658,000 Washington $6.493,000 Minnesota $3,978,000 West Virqinia $3,733,000 Mississippi $3,733,000 Wisconsin $3,978,000 Missouri $3,978,000 Wyoming $3,733,000 27 Appendix AFY2014 HSGP Allocations FY 2014 UASI Allocations Arizona Phoenix Area $5,500,000 Anaheim/Santa Ana Area $5,500,000 Bay Area $27,400,000 Los Angeles/Long Beach Area $67,500,000 California Riverside Area $1,000,000 Sacramento Area $1,000,000 San Diego Area $16,874,000 Colorado Denver Area $3,000,000 District of Columbia National Capital Region $53,000,000 Miami/Fort Lauderdale Area $5,500,000 Florida Orlando Area $1,000,000 Tampa Area $3,000,000 Georgia Atlanta Area $5,500,000 Hawaii Honolulu Area $1,000,000 Illinois Chicago Area $69,500,000 Indiana Indianapolis Area $1,000,000 Louisiana New Orleans Area $3,000,000 Maryland Baltimore Area $5,500,000 Massachusetts Boston Area $18,000,000 Michigan Detroit Area $5,500,000 Minnesota Twin Cities Area $5,500,000 Kansas City Area $1,000,000 Missouri St. Louis Area $3,000,000 Nevada Las Vegas Area $1,000,000 New Jersey Jersey City/Newark Area $21,800,000 New York New York City Area --_------------------------- .............................178,926,000 North Carolina Charlotte Area $3,000,000 Cincinnati Area $1,000,000 Ohio Cleveland Area $1,000,000 Columbus Area $1,000,000 Oregon Portland Area $1,000,000 Philadelphia Area $18,500,000 Pennsylvania Pittsburgh Area $3,000,000 .................................................:.:......:...................�: Dallas/Fort Worth/Arlington Area................:::................................ .1.5.500.000. Texas Houston Area $24,000,000 San Antonio Area $1,000,000 Utah Salt Lake City Area $1,000,000 Virginia -...--...---_....-_....-_.--------�.... Hampton Roads Area -$1,000,000 Washington Seattle Area $5,500,000 28 Appendix AFY2014 HSGP Allocations FY 2014 SHSP and UASI LETPA Minimums Alabama $3,733,000 $3,733,000 $933,250 Alaska $3,733,000 $3,733,000 $933,250 American Samoa $854,000 $854,000 $213,500 Arizona Phoenix Area $5,500,000! $5,500,000 $4,568,000 $10,068,000 $2,517,000 Arkansas $3,733,000 $3,733,000 $933,250 Anaheim/Santa Ana Area $5,500,000 Bay Area $27,400,000 eles/Lonq Beach Area $67,500,000 California Los Anq_ $119,274,000 $60,035,000 $179,309,000 $44,827,250 Riverside Area $11000.000 Sacramento Area $1.0001000 San Diego Area $16,874,000 Colorado Denver Area $3,000,000 $3,000,000 $3,979,000 $6,979,000 $1,744,750 Connecticut $3,978,000 $3,978,000 $994,500 Delaware $3,733,000 $3,733,000 $933,250 District of Columbia National Capital Region $53,000,000 $53000,000 $4,119,000 $57,119,000 $14,279,750 Miami/Fort Lauderdale Area $5.500.000 Florida Orlando Area $1.0001000 $9,500,000 $11,010,000' $20,510,000 $5,127,500 Tampa Area $3,000.000 Georgia Atlanta Area $5,500,000 $5,500.0001 $6,807,000 $12,307,000 $3,076,750 Guam i $854,000 $854,000 $213,500 Hawaii Honolulu Area $1,000,000 $1,000,000 $3,733,000 $4,733,000 $1,183,250 Idaho $3,733,000 $3,733,000 $933,250 Illinois Chicago Area $69,500.000 $69.500.000 $16,357,000 $85,857,000 $21,464,2501 Indiana Indianapolis Area $1,000,000 $1,000,000 $3.978,0001 $4,978,000 $1,244,500 Iowa $3,733,000 $3,733,000 $933,250 Kansas $3,733,000 $3,733,000 $933,250 Kentucky $3,978,000 $3,978,000 $994,500 Louisiana New Orleans Area $3,000,000 $3,000,000 $3,978,000 $6,978,000 $1,744,500 Maine $3,733,000 $3,733,000 $933,250 Maryland Baltimore Area $5,500,000 $5,500,000 $6,125.0001 $11,625,000 $2,906,250 Massachusetts Boston Area $18,000,000 $18,000,000 $5,622,000 $23,622,000 $5,905,500 Michigan Detroit Area $5,500,000 $5,500,000 $6,658,000 $12,158,000 $3,039,500 Minnesota Twin Cities Area $5,500,000 $5,500,000 $3,978,000 $9,478,000 $2,369,500, Mississippi $3,733,000 $3,733,000 $933,250 w Missouri Kansas City Area $1,000,000 $4,000,000 $3,978.00011 $7,978,000 $1,994,500 St. Louis Area $3,000,000 Montana $3,733,000 $3,733,000 $933,250 Nebraska $3,733,000 $3,733,000 $933,250 Nevada Las Veqas Area $1,000,000' $1,000,000 $3,733.000 $4,733,000, $1,183,250 New Hampshire $3,733,000 $3,733,000, $933,250 New Jersey Jersey Citv/Newark Area $21.800,0001 $21.800.000 $8,354,000 $30,154,000' $7,538,500 New Mexico $3,733,000 $3,733,000 $933,250 New York New York City Area $178,926,000 $178,926,000 $76,742,000 $255,668,000 $63,917,000 North Carolina Charlotte Area $3,000,000 $3,000,000 $5,489.0001 $8,489,000 $2122,250 North Dakota $3,733,000 $3,733,000 $933,250 Northern Mariana Islands $854,000 $854,000 $213,500 Cincinnati Area $1,000,000 Ohio Cleveland Area $1,000,000 $3,000,000 $7,698,000 $10,698,000 $2,674,500' Columbus Area $1,000,000 Oklahoma I I $3,733,000 $3,733,000 $933,250 Oregon Portland Area $1,000,000 $1,000,000 $3.837,0001 $4,837,000j $1,209,250 29 Appendix AFY2014 HSGP Allocations FY 2014 SHSP and UASI LETPA Minimum (continued) Philadelphia Area $18,500,000 P $21,500,000 $10,026,000 $31,526,000 $7,881,500 Pittsburgh Area $3,000,000 $3,733,000 $3,733,000 $933,250 Rhode Island $3,733,000 $3,733,000 $933,250 South Carolina $3,733,000 $3,733,000 $933,250 South Dakota $3,733,000 $3,733,000 $933,250 Tennessee $3,978,000 $3,978,000 $994,500 Dallas/Fort Worth/Arlington Area $15.500.000 Texas Houston Area $24,000,000 $40,500,000 $21,448,000 $61,948,000 $15,487,000 San Antonio Area $1,000,000 U,S,Virgin Islands $854,000 $854,000 $213,500 Utah Salt Lake City Area $1,000,000 $1,000,000 $3,733,000 $4,733,000 $1,183,250 Vermont $3,733,000 $3,733,000 $933,250 Virginia Hampton Roads Area $1,000,000 $1,000,000 $7,414,000 $8,414,000 $2,103,500 Washington Seattle Area $5,500.000 $5.500.000 $6,493,000 $11,993,000 $2,998,250' West Virginia $3,733,0001 $3,733,000 $933,250 Wisconsin $3.978,000 $3,978,000 $994,500 Wyoming $3,733,000! $3,733,000 $933,250' . rr III if rrr r rrr rrr r 30 Appendix A—FY2014 HSGP Allocations FY 2014 OPSG Eligible States and Territories Alabama Massachusetts Pennsylvania Alaska Michigan Rhode Island Arizona Minnesota South Carolina California Mississippi Texas Connecticut Montana Vermont Delaware New Hampshire Virginia Florida New Jersey Washington Georgia New Mexico Wisconsin Hawaii New York Puerto Rico Idaho North Carolina U.S.Virgin Islands Louisiana North Dakota American Samoa Maine Ohio Guam Maryland Oregon Northern Mariana Islands Note: Not all applicants are guaranteed to receive funding under the FY 2014 OPSG, 31 Appendix A—FY2014 HSGP Allocations Appendix B — Program Priorities Alignment of HSGP to the National Preparedness System The Nation utilizes the National Preparedness System to build, sustain, and deliver core capabilities in order to achieve the National Preparedness Goal (the Goal). The Goal is"a secure and resilient Nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk." The objective of the National Preparedness System is to facilitate an integrated, all-of-Nation, risk informed, capabilities-based approach to preparedness. Complex and far-reaching threats and hazards require a collaborative and whole community approach to national preparedness that engages individuals, families, communities, private and nonprofit sectors, faith-based organizations, and all levels of government. The guidance, programs, processes, and systems that support each component of the National Preparedness System enable a collaborative, whole community approach to national preparedness that engages individuals, families, communities, private and nonprofit sectors, faith-based organizations, and all levels of government The FY 2014 HSGP Program contributes to the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities. Core capabilities are essential for the execution of critical tasks in the National Planning Frameworks for each of the five mission areas outlined in the Goal. Delivering core capabilities requires the combined effort of the whole community, rather than the exclusive effort of any single organization or level of government. The HSGP Program's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas. To evaluate national progress in building, sustaining, and delivering the core capabilities outlined in the Goal, FEMA annually publishes the National Preparedness Report(NPR). Looking across all 31 core capabilities outlined in the Goal, the NPR provides a national perspective on critical preparedness trends for whole community partners to use to inform program priorities, allocate resources and communicate with stakeholders about issues of shared concern. A key focus and requirement of the HSGP is to prevent terrorism and to prepare the Nation for the threats and hazards that pose the greatest risk to the security and resilience of the United State, and the greatest risks along the Nation's borders; therefore, HSGP funded investments must have a terrorism-nexus. When applicable, funding should support deployable assets that can be utilized anywhere in the Nation through automatic assistance and mutual aid agreements, including but not limited to the EMAC. In addition, the Department of Homeland Security expects grantees to prioritize grant funding to address gaps identified through the annual SPR in achieving capability targets set through the annual THIRA. These assessments identify the jurisdictions' capability targets and current ability to meet those targets. Grantees should prioritize grant funds to increase capability for high-priority core capabilities with low capability levels. Minimum funding amounts are not 32 Appendix B—FY2014 HSGP Priorities prescribed by the Department for these priorities; however grantees are expected to support state, local, regional, and national efforts in achieving the desired outcomes of these priorities. Grantees are expected to consider national areas for improvement identified in the 2013 National Preparedness Report, which include cybersecurity, recovery-focused core capabilities, the integration of individuals with access and functional needs, enhancing the resilience of infrastructure systems and maturing the role of public-private partnerships. Addressing these areas for improvement will enhance preparedness nation-wide. Using the core capabilities, the FY 2014 HSGP Program supports the achievement of the Goal by: • Preventing a threatened or an actual act of terrorism; • Protecting our citizens, residents, visitors, and assets against the greatest threats and hazards; • Mitigating the loss of life and property by lessening the impact of future disasters; • Responding quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of a catastrophic incident; and/or • Recovering through a focus on the timely restoration, strengthening, and revitalization of infrastructure, housing, and a sustainable economy, as well as the health, social, cultural, historic, and environmental fabric of communities affected by a catastrophic incident. The core capabilities contained in the Goal are highly interdependent and require the use of existing preparedness networks and activities, improve training and exercise programs, promote innovation, and ensure that the appropriate administrative, finance, and logistics systems are in place. To support building, sustaining, and delivering these core capabilities, grantees will use the components of the National Preparedness System. The components of the National Preparedness System are: Identifying and Assessing Risk; Estimating Capability Requirements; Building and Sustaining Capabilities; Planning to Deliver Capabilities; Validating Capabilities; and Reviewing and Updating. For more information on each component, read the National Preparedness System description available at h111):1A vm jLnicre r y1 ational— r }e rrc m rr fat c rz r��rW cry crcl a . °- system. Grantees are expected to use this process when using grant funds to address their capability gaps. Reporting on the Implementation of the National Preparedness System Identifying and Assessing Risk and Estimating Capability Requirements In order to qualify for HSGP Program funding, all grantees shall develop and maintain a Threat and Hazard Identification and Risk Assessment(THIRA) which informs and supports the State Preparedness Report (SPR). Only one THIRA submission from each State will be accepted. A THIRA provides a comprehensive approach for identifying and assessing risks and associated impacts. It expands on existing local, Tribal, territorial, and State Hazard Identification and Risk Assessments (HIRAs) and other risk methodologies by broadening the factors considered in the process, incorporating the whole community throughout the entire process, and by accounting for important community-specific characteristics. Comprehensive Preparedness Guide 201, Second 33 Appendix B—FY2014 HSGP Priorities Edition: THIRA (CPG 201, Second Edition) is available at http://www.fema.gov/national- preparedness/plan. In Step Four of the THIRA process, a jurisdiction should estimate the resources required to deliver the capability targets set in their THIRAs. Communities express resource requirements as a list of resources needed to successfully manage their threats and hazards. Through the capability estimation process,jurisdictions should identify the resources from across the whole community needed to meet capability targets. Each jurisdiction should decide which combination of resources is most appropriate to achieve its capability targets. Reporting • UASIs are required to submit an annual update to their THIRA. UASIs will submit their THIRA to the designated State Administrative Agency. THIRA submissions shall be in alignment with CPG 201, Second Edition. The Urban Area should coordinate internally to ensure its submission represents all jurisdictions within the UASI program. UASI submissions of the THIRA are due no later than December 31, 2014. • States are required to submit an annual update to their THIRA. States will submit their THIRA update along with their annual SPR through the Unified Reporting Tool (URT) and email a copy of the URT to their respective FEMA Regional Federal Preparedness Coordinator and copy fema-sprk/ema.dhs.gov. THIRA submissions shall be in alignment with CPG 201, Second Edition. State submissions of the THIRA and SPR are due no later than December 31, 2014. The State should coordinate with each eligible Urban Area to ensure that the UASI THIRA submissions occur in advance of this deadline, as the State must include the Urban Area's input when conducting the statewide SPR assessment. Building and Sustaining Capabilities HSGP program grantees should ensure that grant funding is utilized to sustain critical core capabilities within the National Preparedness System that were funded by past HSGP funding cycles to include training of personnel and lifecycle replacement of equipment. New capabilities should not be built at the expense of maintaining current and critically needed core capabilities. If new core capabilities are being sought utilizing HSGP funding, grantees must ensure that the capabilities are deployable outside of their community to support regional and national efforts or otherwise shareable with regional partners and aligned with a capability gap identified in the THIRA/SPR. All capabilities being built or sustained must have a clear linkage to one or more core capabilities in the Goal. NIMS Compliance Grantees receiving HSGP funding are required to implement the National Incident Management System (NIMS). The NIMS uses a systematic approach to integrate the best existing processes and methods into a unified national framework for incident management. Incident management refers to how incidents are managed across all homeland security activities, including prevention, protection, and response, mitigation, and recovery. FY 2014 grantees must utilize standardized resource management concepts such as typing, inventorying, organizing, and tracking resources that facilitates the identification, dispatch, deployment, and recovery of their resources. 34 Appendix B—FY2014 HSGP Priorities Fusion Centers QBB has identified 81etc and major Drbuo Area fusion ocutccu as a critical component ofour Nation's distributed homeland security and counterterrorism architecture. They provide grassroots intelligence and analytic capabilities within the state and local jurisdiction . To that end, DBS preparedness grants will continue to support designated State and major OrhuuAroafuoiou ccu&cry ) and the ooaduodiouof the Information Sharing Bovirouoocut88E\. A National Network also provides a mechanism for the Federal government to receive information from State, Local,territory and Tribal partners, which helps create a more complete threat picture n1the No1iouu\ level. Participating in the Nationwide B/\R Initiative enables fusion centers to receive and analyze suspicious activity reporting from frontline public safety personnel, the private sector, and the public, and ensure the sharing of SAR with the Federal Bureau of Investigation's Joint Terrorism Task Forces for further investigation. The 201V National Security Strategy identifies fusion centers as critical in cu|isdug all of our intelligence, law enforcement, fire service, emergency management, and homeland security capabilities to prevent acts of terrorism on American soil. In support of this strategic vision, the Department of Homeland Security's Office of Intelligence &Analysis (DBS l&A) is requiring designated State and major UrhonArco fusion centers to participate in an uuouu\ assessment of their achievement of Critical Operational Capabilities (COCs) and Enabling Capabilities (ECs), as detailed in the Global Justice Information Sharing Initiative's (Global)Baseline Capabilitiesfor State and Major Urban Area Fusion Centers. As maturation of the National Network continues to hcuhigh priority in FY 2014, DB8 is requiring that all fusion center related funding requests he onuoo|idntcd into u single (|) Investment for States or Urban Areas in which designated fusion centers reside, and this Investment must address funding support for the designated fusion center. The single Investment provides state and urban areas umeans to centrally manage and report oufusion center related activities. Grantees must coordinate with the fusion center when developing a fusion center Investment prior to submission, and the Investment must directly align to and reference any capability gaps identified during the center's individual 2013 Fusion Center Assessment Report. In particular, each proposed project included in the fusion center Investment must reference the corresponding COC or EC,am well ma associated mttributm(o), tbe funding investment is intended to address. Additionally, any jurisdiction or agency that leverages HSGP funds to support intelligence-or fusion process- related activities (i.e., iun:||igouoc unit, real time crime information and analysis centers, etc.) must ensure these efforts are integrated and/or coordinated with the respective designated State or major[Jcbau Area fusion center(s). In order to effectively rncooun: inzp|onncntn1ion of this priority, designated State and major Urban Area fusion centers leveraging 8B8p and/or DABl grant funds will bc evaluated based upon compliance with the guidance and requirements for the National Network of Fusion Centers as set forth by the DHS Office of Intelligence and Analysis through the annual Fusion Center Assessment Program. 35 Appendix 0--FY2O|4 {{8(]PPriorities • All FY2014 Fusion Center Grant requirements are listed at http://www.dhs.gov/ -2013- homeland-securit rant-program-hs • All FEMA approved analyst courses that meet the grant requirement are listed at http: ur vw. '1r. . o r l r ac's r t rcty ;l-ir t�lli ��cn -rr�rr �-t��a sir -courses. Reporting As part of programmatic monitoring, grantees will be required to describe how expenditures support maintenance and sustainment of current Goal core capabilities within the BSIR. HSGP grantees will, on a project-by-project basis, check one of the following: • Sustaining or maintaining a capability acquired with Federal homeland security funding; • Sustaining or maintaining a capability acquired without Federal homeland security funding; • Developing or acquiring a new core capability; • Through the SF-PPR, fusion centers will report on the achievement of capabilities and compliance with measurement requirements within the Maturation and Enhancement of State and Major Urban Area Fusion Centers priority through the annual Fusion Center Assessment Program managed by DHS I&A and reported to FEMA. • Grantees will use the SPR to report NIMS implementation. Planning to Deliver Capabilities State grantees shall develop, maintain, or revise as necessary,jurisdiction-wide, all threats and hazards EOPs consistent with CPG 101 v.2, which serves as the foundation for State, local, Tribal, and territory emergency planning. Grantees must update their EOP at least once every two years. In building future EOPs, planners should anticipate the increasing complexity and decreasing predictability of the future operating environment. These efforts should actively use strategic foresight, including the multiple driving forces of change and the associated evolving strategic needs shown in FEMA's Crisis Response and Disaster Resilience 2030 Report. The Report can be found at hit �u� n, i�r�ac. <aa i crta� arc- l rrrr irr -aP crl i acr-di�rsic Mfr s �rlc� a'c r c s lat initiative. Reporting • Grantees will use the SPR to report EOP compliance with CPG 101 v2. Validating Capabilities Grantees should develop long-term training and exercise priorities that examine, validate and/or address the capability gaps identified through their annual THIRA and SPR by developing a multi-year Training and Exercise Plan (TEP). Grantees should also review and consider areas for improvement identified from real-world events and exercises, and national areas for improvement identified in the 2013 National Preparedness Report. The TEP should consider the risks and capability requirements described in the THIRA along with the guidance provided by elected and appointed officials to identify and set training and 36 Appendix BFY2014 HSGP Priorities exercise program priorities and develop a multi-year schedule of exercise events and supporting training activities to meet those priorities A TEP that is developed from a Training and Exercise Planning Workshop (TEPW) provides a roadmap to accomplish the multi-year priorities identified by elected and appointed officials and whole community stakeholders. These priorities help curriculum and exercise planners design and develop a progressive program of training and exercises that build, sustain, and deliver core capabilities. Information related to TEPs and TEPWs can be found on the HSEEP website at https://www.Ilis.dhs.govlhseep. All grantees will develop and maintain a progressive exercise program consistent with Homeland Security Exercise and Evaluation Program (HSEEP) (hops://www.11is.dhs.gov/hseep). A progressive, multi-year exercise program enables organizations to participate in a series of increasingly complex exercises, with each successive exercise building upon the previous one until mastery is achieved while also taking into account prior lessons learned. Regardless of the exercise type, each exercise within the progressive series is linked to a set of common program priorities and designed to test associated capabilities. Reporting • Following the TEPW, all grantees and sub-grantees are required to develop a multi- year training and exercise plan that identifies combination of exercises, along with associated training requirements, that address the priorities identified in the TEPW. The training and exercise plan shall be submitted to hseep&dhs. oovv no later than 90 days after the TEPW. States are encouraged to post their schedules to the National Exercise Scheduling System (NEXS) at htt x,r:/Jh. ee . lhs. �0�/1"11 a"t)✓ getrr� l,di l: �' h.4°e em'% 1"oolkilL, ryncr ys • Consistent with the national exercise program, grantees shall develop and maintain a progressive exercise program. Grantees must either submit one After Action Report/Improvement Plan (AAR/IP)that captures the lessons learned and corrective actions from the progressive exercise program conducted within the HSGP Period of Performance; or submit individual AAR/IPs for each HSGP-funded exercise. AAR/IPs should be submitted to hseepgfema.dhs.gov and include a list of corrective actions and lessons learned, no later than 90 days after completion of the exercise. In accordance with HSEEP guidance grantees are reminded of the importance of implementing corrective actions iteratively throughout the progressive exercise cycle. Grantees are encouraged to use the HSEEP AAR/IP template located at his://www.11is.dhs/hseep and utilize the Corrective Action Program (CAP) System at his://hseep.dhs.go v/caps/, as a means to track the implementation of corrective actions listed in the AAR/IP. Reviewing and Updating On a recurring basis, capabilities, resources, and plans should be reviewed to determine if they remain relevant or need to be updated as it relates to the HSGP. This review should be based on a current risk assessment and utilize information gathered during the validation process. These reviews will provide a means to examine preparedness analyses; determine priorities; direct preparedness actions; and calibrate goals and objectives. FY 2014 HSGP requires State and Urban Area Homeland Security Strategies be updated every other year, and shall be informed by THIRA process results. The assessment and results support communities' strategic planning 37 Appendix B—FY2014 HSGP Priorities initiative and informs efforts needed to adapt to and manage the changing risk landscape, sustain strengths, and obtain or borrow resources from whole community partners. Supplemental SHSP Guidance Collaboration with Other Federal Preparedness Programs DHS strongly encourages States, Urban Areas, and regions to understand other Federal preparedness programs in their jurisdictions and to work with them in a collaborative manner to leverage all available resources and avoid duplicative activities. For example, U. S. Department of Health and Human Services (HHS) has two robust preparedness programs–Center for Disease Control (CDC) Public Health Emergency Preparedness (PREP) cooperative agreement program and Assistant Secretary for Preparedness and Response's (ASPR's) Hospital Preparedness Program (HPP) cooperative agreement program–that focus on preparedness capabilities. CDC's 15 public health preparedness capabilities and ASPR's eight healthcare preparedness capabilities serve as operational components for many of the Goal core capabilities, and collaboration with the PHEP directors and HPP coordinators can build capacity around shared interests and investments that fall in the scope of these HHS cooperative agreements and the 2014 HSGP. Each SHSP and UASI funded Investment that addresses biological risk, patient care or health systems preparedness should be implemented in a coordinated manner with other Federal emergency preparedness programs such as those administered by the HHS Office of the Assistant Secretary for Preparedness and Response, the CDC, and the U.S. Department of Transportation's (DOT)National Highway Traffic Safety Administration. Governance Keeping with the guiding principles of governance for all DHS preparedness programs, grantees must coordinate with their stakeholders to examine how they integrate preparedness activities across disciplines, agencies, and levels of government, including State, territorial, local, and Tribal units of government. A cohesive planning framework should be incorporated that builds and implements homeland security initiatives which leverage DHS resources, as well as other Federal, State, territory, local, private sector, faith-based community, and Tribal resources. Specific attention should be paid to how all available preparedness funding sources (multiple Federal sources as well as State and local sources) can be effectively utilized in a collaborative manner to support the whole community approach to emergency preparedness and management and to the enhancement of overall capabilities. To accomplish this, the SAA must establish or reestablish a unified Senior Advisory Committee(SAC). Senior Advisory Committee The SAC builds upon governance structures that may already be established under different FEMA preparedness grant programs, but the nature and governance of this Committee was new for FY 2013 and continues in FY 2014 for HSGP. The SAC should build upon previously established advisory bodies under HSGP(including the SHSP and UASI programs), Nonprofit Security Grant Program (HSGP), Transit Security Grant Program (TSGP), and Port Security Grant Program (PSGP), which currently exist in support of States and Urban Areas, Tribal nations, non-profit organizations, transit agencies and Amtrak, and port areas. Examples of advisory bodies that should be included on the SAC include: Urban Area Working Groups 38 Appendix B—FY2014 HSGP Priorities (UAWGs), Statewide Interoperability Governing Board (SIGB), Area Maritime Security Committees (AMSCs), Regional Transportation Security Working Groups (RTSWGs), Citizen Corps Councils, and Children's Working Groups. To ensure a whole community effort, SAC membership should include representatives of these various stakeholder groups/committees, and should also include direct or indirect representation for all relevant jurisdictions and response disciplines (including law enforcement, fire service, and emergency management), UASI-funded Urban Areas, as well as Citizen Corps Councils, Tribal representatives, non-profit, faith based, and voluntary organizations such as the American Red Cross. SACs are encouraged to develop subcommittee structures, as necessary, to address issue- or region-specific considerations in support of overarching implementation. The responsibilities of a SAC include: • Integrating preparedness activities across disciplines, the private sector, non-profit organizations, faith-based, community, and all levels of government, including local, State, Tribal, and territorial, with the goal of maximizing coordination and reducing duplication of effort; • Creating a cohesive planning network and framework that builds and implements preparedness initiatives which leverage DHS resources, as well as other Federal, State, territorial, local, private sector, faith-based community, and Tribal resources; • Management of all available preparedness funding sources (multiple Federal sources as well as State and local sources)to enhance effective utilization of and elimination of duplication of effort across all stakeholders and disciplines; and • Ensuring that the application for SHSP and UASI funds align with the THIRA and work to fill capability gaps identified in the SPR. Senior Advisory Committee Composition and Scope 1. Membership The SAC must include whole community intrastate and interstate partners as applicable and have balanced representation among entities with operational responsibilities for terrorism/disaster prevention, protection, mitigation, response, and recovery activities within the State. The membership of the SAC must reflect the threats and hazards identified in the State's THIRA as well as each of the core capabilities, in particular those core capabilities identified as having large capability gaps identified in the State's most recent State Preparedness Report(SPR). SAAs will use the URT to verify compliance of SAC charter requirements. Further, the SAC must include representatives that were involved in the production of the State's THIRA and represent the interests of the five mission areas as outlined in the Goal. The above membership requirement does not prohibit States, Urban Areas, regional transit and port entities, or other recipients of DHS preparedness funding from retaining their existing structure under separate programs; however, at a minimum, those bodies must support and feed into the larger SAC. The composition, structure and charter of the 39 Appendix B—FY2014 HSGP Priorities SAC should reflect this focus on building core capabilities, instead of simply joining previously existing advisory bodies under other grant programs. The SAA must ensure that appropriate representation from defined UASI-funded Urban Areas is included on the SAC. FEMA strongly encourages that, wherever possible, previously established local working groups be leveraged for this purpose to ensure that UASI resources are managed in the most efficient and effective manner possible. The UAWG should also support State efforts to develop the THIRA and SPR, particularly as it relates to UASI activities. For designated Urban Areas, the SAA POCs are responsible for identifying and coordinating with the POC for the UAWG, who should be a member of the SAC. The POC's contact information must be provided to FEMA with the grant application. SAAB must work with existing Urban Areas to ensure that information for current POCs is on file with FEMA. Finally, FEMA recommends that organizations advocating on behalf of vulnerable populations including youth, the elderly and individuals with functional needs, socio- economic factors and cultural diversity, be invited to participate in the SAC. 2. Collaboration with State agencies and other stakeholder organizations Program representatives from the following entities must be members of the SAC (as applicable): State Homeland Security Advisor(HSA) (if this role is not also the SAA), State Emergency Management Agency(EMA) Director, State Public Health Officer, State Public Safety Officer(and SAA for Justice Assistance Grants, if different), State Court Official, State Emergency Medical Services (EMS) Director, State Trauma System Manager, Statewide Interoperability Coordinator, State Citizen Corps Council, the State Emergency Medical Services for Children (EMSC) Coordinator, State Education Department, State Human Services Department, State Child Welfare Services, State Juvenile Justice Services, Urban Area POC, Senior Members of AMSCs, Senior Members of the RTSWG, Senior Security Officials from Major Transportation Systems, and the Adjutant General. 3. Whole Community Engagement SHSP and UASI grantees must engage with the whole community to advance community and individual preparedness and to work as a nation to build and sustain resilience (see http://www. ema.gov/whole-community). Grantees must also integrate the needs of children and individuals with disabilities or access and functional needs into activities implemented with SHSP and UASI funds. 4. Collaboration with Nonprofit Organizations SHSP and UASI grantees must also work with the nonprofit community, including through the dedication of LETPA funds and resources, to address terrorism prevention concerns, seek input on the needs of the nonprofit sector, and support the goals of their investments. 40 Appendix BFY2014 HSGP Priorities 5. Collaboration with Tribes FEMA strongly encourages States, Urban Areas, and regions to work with Tribal nations in overall initiatives such as whole community preparedness and emergency management planning. 6. Coordination with other Federal agencies and programs States and Urban Areas must coordinate among the entire scope of Federal partners, national initiatives and grant programs to identify opportunities to leverage resources when implementing their preparedness programs. This may include but is not limited to: Medical Reserve Corps, CDC, and ASPR. Emergency Medical Services for Children (EMSC) grants, ASPR Hospital Preparedness Program (HPP), CDC Public Health Emergency Preparedness (PHEP), CDC Cities Readiness Initiative (CRI), Strategic National Stockpile Programs, and EMS. However, coordination is not limited to grant funding. It also includes leveraging assessments such as TSA's Baseline Assessment and Security Enhancement(BASE); reporting from the Intelligence Community, risk information such as U.S. Coast Guard's Maritime Security Risk Analysis Model (MSRAM), and CBP Sector Analysis. Senior Advisory Committee Charter The governance of the SHSP and UASI programs through the SAC must be directed by a charter. All members of the SAC should sign and date the charter showing their agreement with its content and their representation on the Committee. Revisions to the governing charter must be sent to the grantee's assigned FEMA Program Analyst. The SAC charter must at a minimum address the following: • A detailed description of the SAC's composition and an explanation of key governance processes, including how SAC is informed by the State's THIRA and SPR data reflecting capability gaps and the approach to address gaps in core capabilities; • A description of the frequency at which the SAC will meet; • How existing governance bodies will be leveraged by the Committee; • A detailed description of how decisions on programmatic priorities funded by SHSP and UASI are made and how those decisions will be documented and shared with its members and other stakeholders, as appropriate; and • A description of defined roles and responsibilities for financial decision making and meeting administrative requirements. To ensure ongoing coordination efforts, SAAB are encouraged to share community preparedness information submitted in the State's BSIR with members of the SAC. The charter should be made available upon request to promote transparency in decision-making related to HSGP activities. To manage this effort and to further reinforce collaboration and coordination across the stakeholder community, a portion of the 20 percent(20%) holdback of a State or territory award may be utilized by the SAA for the purpose of supporting the SAC and to ensure representation and active participation of SAC members. Funding may be used for hiring and training planners, establishing and maintaining a program management structure, identifying and managing 41 Appendix BFY2014 HSGP Priorities projects, conducting research necessary to inform the planning process, and developing plans that bridge mechanisms, documents, protocols, and procedures. SAAB will use the URT to verify compliance of SAC charter requirements. Supplemental UASI Guidance The UASI program is intended to provide financial assistance to address the unique multi- discipline planning, organization, equipment, training, and exercise needs of high-threat, high- density Urban Areas, and to assist these areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using the Whole Community approach. Many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate the dual-use quality for any activities implemented that are not explicitly focused on terrorism preparedness. Urban Areas must use UASI funds to employ regional approaches to overall preparedness and are encouraged to adopt regional response structures whenever appropriate. UASI program implementation and governance must include regional partners and should have balanced representation among entities with operational responsibilities for prevention, protection, mitigation, response, and recovery activities within the region. In some instances, Urban Area boundaries cross State borders. States must ensure that the identified Urban Areas take an inclusive regional approach to the development and implementation of the UASI program and involve the contiguous jurisdictions, mutual aid partners, port authorities, rail and transit authorities, State agencies, State Wide Interoperability Coordinators, Citizen Corps Council(s), and campus law enforcement in their program activities. Grantees must also demonstrate the integration of children and individuals with disabilities or access and functional needs into activities implemented under this program. Composition Pursuant to provisions of the 9/11 Act, eligible UASI sites were determined based on an analysis of relative risk of the 100 most populous Metropolitan Statistical Areas (MSAs), as defined by OMB. MSAs are used by DHS to determine eligibility for participation in the program. Geographical areas queried do not equate to minimum mandated membership representation of an Urban Area, nor does this guarantee funding for geographical areas queried. UAWGs must continue to take a regional approach to membership but are not required to expand or contract existing Urban Area participation to conform to MSA composition. Detailed information on MSAs is publicly available from the United States Census Bureau at Pr y11'V 1w c au r r m' ia?tlini�an/ m�p�wm rr�e�r°���erMeera/r�a��'r��c c mm�af�ra . UASI Program Requirements The SAA will be responsible for ensuring compliance with the fiduciary and programmatic administration requirements of the UASI program. • Identify POCs. The SAA must confirm a specific POC with the designated Urban Area. The SAA POCs are responsible for identifying and coordinating with the POC for the UAWG. This information must be provided to FEMA with the grant application. SAAs 42 Appendix BFY2014 HSGP Priorities must work with existing Urban Areas to ensure that information for current POCs is on file with FEMA. • Define the Urban Area. The SAA POC, in coordination with the candidate Urban Areas, must define the Urban Area, as it will apply to the UASI program. The identified city or combined entity represents the candidate Urban Area eligible to apply for funding under the UASI program. For those Urban Areas with a combined entity, that area represents the minimum area that must be part of the defined Urban Area. The definition of the Urban Area is limited to jurisdictions contiguous to the geographic area used to determine eligibility, or those jurisdictions in that area which have established formal mutual aid agreements. States may request a waiver for this limitation for regions previously established by Executive Order, law, or compact. For the purposes of the UASI program, the Washington, D.C. Urban Area will consist of the National Capital Region (NCR) as set forth in 10 U.S.C. §2674(f)(2). In coordination with the UAWG, the SAA POC may redefine the geographic boundaries of an existing Urban Area, as it will apply to the UASI program. The SAA POC must notify FEMA of this change. • Establish the UAWG. Membership in the UAWG must provide either direct or indirect representation for all relevant jurisdictions and response disciplines (including law enforcement, fire service, EMS, and emergency management)that comprise the defined Urban Area. It must also be inclusive of local Citizen Corps Council or their equivalent and Tribal representatives. The UAWG should also ensure the integration of local emergency management, public health, and health care systems into a coordinated, sustained local capability to respond effectively to a mass casualty incident. In addition, the UAWG should include officials responsible for the administration of CDC and ASPR cooperative agreements. Finally, it is recommended that members advocating on behalf of vulnerable populations including youth, the elderly and individuals with functional needs, socio-economic factors and cultural diversity, be invited to provide representation. The SAA POC must ensure that appropriate representation for the defined Urban Area is included per this guidance. FEMA strongly encourages that, wherever possible, previously established local working groups should be leveraged for this purpose to ensure that UASI funded resources are managed in the most efficient and effective manner possible. The UAWG may also support State efforts to develop the SPR, particularly as it relates to UASI funded activities. • Governance. The jurisdictions identified in Appendix A–FY 2014 Program Allocations represent the candidate Urban Areas eligible to apply for funding. The UAWG will be responsible for coordinating the development and implementation of all program initiatives. States and Urban Areas must consider including counties within which the cities reside, contiguous jurisdictions, MSAs, operational areas, and mutual aid partners, as appropriate, in the governance process. In keeping with sound project management practices, the UAWG must ensure that its approach to critical issues such as membership, governance structure, voting rights, grant management and administration responsibilities, and funding allocation methodologies 43 Appendix B—FY2014 HSGP Priorities are formalized in a working group charter or other form of standard operating procedure related to the UASI program governance. The charter must also outline how decisions made in UAWG meetings will be documented and shared with UAWG members. The UAWG charter must be on file with FEMA prior to drawing down UASI funding and must be available to all UAWG members to promote transparency in decision-making related to the UASI program. UASIs will use the URT to verify UAWG structure and membership. Urban Areas must notify the SAA and FEMA Program Analyst of any updates to the UAWG structure or membership. • Develop Urban Area THIRA.As a result of the improved governance process and the rationale for maintaining and sustaining existing capabilities and the development of new capabilities, members of the UAWG should be involved in the development of an Urban Area THIRA coordinated with the State THIRA, and subsequent updates. • Urban Area Homeland Security Strategy. Urban Area Homeland Security Strategies should be updated every two years at a minimum, to ensure that their strategies continue to address prevention, protection, mitigation, response, and recovery, and reflect how their goals and objectives align to the Goal and the Whole Community approach. • Allocation of Funds. The use and allocation of all grant funds available through the UASI program must focus on the Investments identified in the Urban Area's IJ and the implementation of the FEMA-approved Urban Area Homeland Security Strategy. The use of funds must also be consistent with overall UASI program guidelines, the State Homeland Security Strategy,the National Preparedness System, and must develop or sustain one or more core capabilities in the Goal. Funds used to support whole community and individual preparedness related efforts, such as engaging non- governmental organizations and vulnerable populations demonstrating the integration of children and individuals with disabilities or access and functional needs in all phases of emergency management, participation of disaster volunteers, such as Community Emergency Response Teams (CERTs) in training, exercises and response and recovery operations, and educating the public should be coordinated with local CERT programs and/or Citizen Corps Councils. The UAWG, in coordination with the SAA POC, must develop a methodology for allocating funding available through the UASI program. The UAWG must reach consensus on all UASI funding allocations. If consensus cannot be reached within the 45- day time period allotted for the State to obligate funds to sub-grantees, the SAA must make the allocation determination. The SAA must provide written documentation verifying the consensus of the UAWG, or the failure to achieve otherwise, on the allocation of funds and submit it to FEMA immediately after the 45-day time period allotted for the State to obligate funds to sub-grantees. Any UASI funds retained by the State must be used in direct support of the Urban Area. States must provide documentation to the UAWG and FEMA upon request 44 Appendix B—FY2014 HSGP Priorities demonstrating how any UASI funds retained by the State are directly supporting the Urban Area. If the SAA intends to retain any UASI funds, the SAA must prepare an Investment that demonstrates how the retained funds will be used to directly support the designated Urban Area in the State. This Investment should be included in the designated Urban Area's IJ. Supplemental OPSG Guidance OPSG provides funding to designated localities to enhance cooperation and coordination between Federal, State, local, Tribal, and territorial law enforcement agencies in a joint mission to secure the United States borders along routes of ingress from international borders to include travel corridors in States bordering Mexico and Canada, as well as States and territories with International water borders. OPSG is intended to support United States border States and territories in accomplishing the following objectives: • Increase capability to prevent, protect against, and respond to border security issues; • Encourage local operational objectives and capabilities to enhance National and State Homeland Security Strategies (such as the Federal Secure Borders Initiative and United States CBP/BP strategies); • Increase coordination and collaboration among Federal, State, local, Tribal, and territorial law enforcement agencies; • Continue the distinct capability enhancements required for border security and border protection; • Provide intelligence-based operations through CBP/BP Sector Level experts to ensure safety and operational oversight of Federal, State, local, Tribal, and territorial law enforcement agencies participating in OPSG operational activities; • Support a request to the Governor to activate, deploy, or redeploy specialized National Guard Units/Packages and/or elements of State law enforcement to increase or augment specialized/technical law enforcement elements operational activities; and • Continue to increase operational, material and technological readiness of State, local, Tribal, and territorial law enforcement agencies. OPSG funds must be used to increase operational capabilities of Federal, State, local, Tribal, and territorial law enforcement, promoting a layered, coordinated approach to law enforcement within United States border States and territories. • Federal, State, Local, Tribal, and Territorial OPSG Integrated Planning Team (IPT). It is recommended that Federal, State, local, Tribal, and territorial partners establish and maintain an OPSG IPT with representation from all participating law enforcement agencies, co-chaired by representatives from CBP/BP, the SAA, and participating law enforcement agencies' OPSG program representatives. Coordination Requirements All operational plans should be crafted in cooperation and coordination among Federal, State, local, Tribal, and territorial partners. Consideration will be given to applications that are 45 Appendix B—FY2014 HSGP Priorities coordinated across multiple jurisdictions. All applicants must coordinate with the CBP/BP Sector Headquarters with geographic responsibility for the applicant's location in developing and submitting an Operations Order with an embedded budget to the SAA. After awards are announced, prospective grant recipients will re-scope the draft Operations Order and resubmit as a final Operations Order with an embedded budget, based on actual dollar amounts to be awarded. Final Operations Orders will be approved by the appropriate Sector Headquarters and forwarded to Headquarters, Office of Border Patrol, Washington, D.C., before funding is released. Grantees may not begin operations, obligate, or expend any funds until the final Operations Order and embedded budget has been approved by FEMA GPD and CBP/BP Headquarters and any existing special conditions and/or restrictions are removed. OPSG activities are expected to maximize HSGP strategic planning efforts and integration with State, Tribal, territory, Urban Area, and local Homeland Security Strategies. Management and Administration (M&A) For information on how to determine M&A for OPSG awards, please review GPD policy, Clarification for Allowable Management and Administration (M&A) Costs under the Operation Stonegarden Grant Program, dated June 25, 2013. The policy is located at http://www.fema.gov/media-library/assets/documents/33577. 46 Appendix BFY2014 HSGP Priorities Additional Funding Considerations Below are additional areas to consider where funding can be applied to strengthen preparedness efforts. Enhancing Cybersecurity Capabilities Applicants are encouraged to propose projects to aid in implementation of all or part of the National Institute of Standards and Technology(NIST)Cyber Security Framework when requesting funds for cybersecurity. The CSF is available at ti�. 1,ta,°t. v �er ,. r�ew,raratc;raeiJc lctr wcc ;rr of perxwaiC11 ? - aa,1. The Framework gathers existing global standards and practices to help organizations understand, communicate, and manage their cyber risks. For organizations that don't know where to start, the Framework provides a road map. For organizations with more advanced cybersecurity, the Framework offers a way to better communicate with their leadership and with suppliers about management of cyber risks. The Department of Homeland Security's Critical Infrastructure Cyber Community C3 Voluntary Program also provides resources to critical infrastructure owners and operators to assist in adoption of the Framework and managing cyber risks. For more information visit http://www.us- cert.gov/ccubedvp. Mass Casualty Incident Preparedness and Citizen Preparedness Although the Citizen Corps Program (CCP) and Metropolitan Medical Response System (MMRS) are no longer funded as discrete grant programs within HSGP, States may include IJs funding and supporting CCP and MMRS activities/programs. Activities funded under these projects must meet the allowability requirements of the SHSP and UASI programs. The following coordination requirements will remain in place for proposed activities that support mass casualty incident preparedness, as well as citizen preparedness. Mass casualty preparedness must be conducted in collaboration with State/city/local health departments that administer Federal funds from HHS to enhance the integration of local emergency management, public health, and health care systems into a coordinated, sustained local capability to respond effectively to a mass casualty incident or a response to catastrophic events and acts of terrorism. Grantees must also demonstrate how their Investments will increase the effectiveness of emergency preparedness planning and response for the whole community by integrating and coordinating activities for vulnerable populations including children, the elderly, pregnant women, and individuals with disabilities and others with access and functional needs. Further, grantees are strongly encouraged to collaborate with local, regional, and State public health and health care partners, including Medical Reserve Corps Units and Citizen Corps Councils or their equivalent, as well as leverage other Federal programs, such as the HHS ASPR Hospital Preparedness Program and Emergency Systems for Advance Registration of Volunteer Health Professionals (ESAR-VHP), CDC Cities Readiness Initiative (CRI), PHEP, and Strategic National Stockpile Programs. To demonstrate whole community engagement, Citizen Corps Councils and Community Emergency Response Teams (CERTs) programs must register new programs or update information on the website in order to be considered by a state or local jurisdiction for inclusion in their Us when applying for HSGP funds. Program updates can be made at 47 Appendix BFY2014 HSGP Priorities hi �� � teams. The Citizen Corps and CERT Core Capabilities Tool (CCT) has been developed to help grantees develop Duthat reference how Citizen Corps and CBNI activities contribute to and support core capabilities. The CCTio available ut Citizen preparedness must bo coordinated hIuu integrated body of government and nongovernmental representatives. State and local government recipients ofDSGP funds must have a cnnndiuo1iog body to serve as their Citizen Corps Council, with membership that includes, but is not limited to: representatives from emergency management, homeland security, law enforcement, fircservice, EMS, public health nr their designee, elected officials,the private sector(especially privately owned critical infrastructure), pdvo1c nonprofits, uougovccurocntu| organizations (including faith-based, community-based, and voluntary nrgauizcdinum)" and advocacy groups for children, seniors, people with disabilities and others with access and functional needs. 48 Appendix B-- Y2014RSQP Priorities Appendix C — Funding Guidelines Grantees must comply with all the requirements in 44 CFR Part §13 and 2 CFR Part §215. In general, grantees should consult with their FEMA Headquarters Program Analyst prior to making any Investment that does not clearly meet the allowable expense criteria established by the FOA. Funding guidelines established within this section support the five mission areas— Prevention, Protection, Mitigation, Response, and Recovery—and associated core capabilities within the Goal. Allowable Investments made in support of the HSGP priorities as well as other capability- enhancing projects must fall into the categories of planning, organization, exercises, training, or equipment. Planning (SHSP and UASI) SHSP and UASI funds may be used for a range of emergency preparedness and management planning activities and such as those associated with the development of the THIRA, SPR, and other planning activities that support the Goal and placing an emphasis on updating and maintaining a current EOP that conforms to the guidelines outlined in CPG 101 v 2.0 For additional information, please see %ta a. oyl, .._d.. Organization (SHSP and UASI Only) Organizational activities include: • Program management; • Development of whole community partnerships, through groups such as Citizen Corp Councils; • Structures and mechanisms for information sharing between the public and private sector; • Implementing models, programs, and workforce enhancement initiatives to address ideologically-inspired radicalization to violence in the homeland; • Tools, resources and activities that facilitate shared situational awareness between the public and private sectors; • Operational Support; • Utilization of standardized resource management concepts such as typing, inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and after an incident; • Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event; and • Paying salaries and benefits for personnel to serve as qualified intelligence analysts. States and Urban Areas must justify proposed expenditures of SHSP or UASI funds to support organization activities within their IJ submission by using historical data or other analysis. All States are allowed to utilize up to 50 percent(50%) of their SHSP funding and all Urban Areas are allowed up to 50 percent(50%) of their UASI funding for personnel costs. At the request of 49 Appendix CFY2014 HSGP Funding Guidelines a recipient of a grant, the Administrator may grant a waiver of the 50 percent (50%) limitation noted above. Organizational activities under SHSP and UASI include: • Intelligence analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE) of Homeland Security Act(Public Law 110-412), SHSP and UASI funds may be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable information/intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. In order to be hired as an intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria: - Successfully complete training to ensure baseline proficiency in intelligence analysis and production within six months of being hired; and/or, - Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, the military, or State and/or local law enforcement intelligence unit As identified in the Maturation and Enhancement of State and Major Urban Area Fusion Centers priority, all fusion center analytic personnel must demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for State, Local, and Tribal Intelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts. A certificate of completion of such training must be on file with the SAA and must be made available to the grantee's respective FEMA Program Analyst upon request. In addition to these training requirements, fusion centers should also continue to mature their analytic capabilities by addressing gaps in analytic capability identified during the fusion center's annual assessment. • Overtime costs. Overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are limited to overtime associated with federally requested participation in eligible fusion activities, including anti-terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), DHS Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams. Grant funding can only be used in proportion to the Federal man- hour estimate, and only after funding for these activities from other Federal sources (i.e., FBI JTTF payments to State and local agencies)has been exhausted. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. • Operational overtime costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime costs are allowable for increased security measures at critical infrastructure sites. SHSP or UASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: - Backfill and overtime expenses for staffing State or Major Urban Area fusion centers; 50 Appendix C—FY2014 HSGP Funding Guidelines - Hiring of contracted security for critical infrastructure sites; - Participation in Regional Resiliency Assessment Program (RRAP)activities; - Public safety overtime; - Title 32 or State Active Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package (Note: Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); and - Increased border security activities in coordination with CBP, as outlined in IB 135 t e It v a a. aaw/ ° r t.° � � t a�ca x�xa s_clir°c� ml ;rt r r)LitiaLign- bulletins . SHSP or UASI funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEMA Administrator. Note: States with UASI jurisdictions can use funds retained at the State level to reimburse eligible operational overtime expenses incurred by the State (per the above guidance limitations and up to a maximum of 50 percent (50%) of the State share of the UASI grant). Any UASI funds retained by the State must be used in direct support of the Urban Area. States must provide documentation to the UAWG and FEMA upon request demonstrating how any UASI funds retained by the State would directly support the Urban Area. Equipment(SHSP and UASI) The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on the Lessons Learned Information System at http:Allis.gov/. Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/city/local health departments who administer Federal funds from HHS for this purpose. Procurement must have a sound threat based justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year's the period of performance for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period. Training (SHSP and UASI) Allowable training-related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASI programs and/or in 51 Appendix C—FY2014 HSGP Funding Guidelines conjunction with emergency preparedness training by other Federal agencies (e.g., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through an After Action Report/Improvement Plan (AAR/IP) or other assessments (e.g., National Emergency Communications Plan [NECP] Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise. Any training or training gaps, including those for vulnerable populations including children, the elderly, pregnant women, and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the State or Urban Area training cycle. Grantees are encouraged to use existing training rather than developing new courses. When developing new courses, grantees are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation model of instructional design (Course Development Tool) located at irsl L,^s otL(Lc t t �z"arit1g, Exercises (SHSP and UASI) Exercises conducted with FEMA support should be managed and executed in accordance with HSEEP. HSEEP guidance for exercise design, development, conduct, evaluation, and improvement planning is located at https:Ilwww.11is.dhs. ovp. Maintenance and Sustainment(SHSP, UASI,and OPSG) The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable, as described in FEMA Policy FP 205- 402-125-1 under all active and future grant awards, unless otherwise noted. With the exception of maintenance plans purchased incidental to the original purchase of the equipment, the period covered by a maintenance or warranty plan must not exceed the period of performance of the specific grant funds used to purchase the plan or warranty. Grant funds are intended to support the Goal by funding projects that build and sustain the core capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide grantees the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs which must be in 1) direct support of existing capabilities; (2)must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the Emergency Management Assistance Compact. Additionally, eligible costs must also be in support of equipment, training, and critical resources that have previously been purchased with either Federal grant or any other source of funding other than DHS/FEMA preparedness grant program dollars. Law Enforcement Terrorism Prevention Allowable Costs (SHSP and UASI) Activities eligible for use of LETPA focused funds are outlined in the National Prevention Framework(and where capabilities are shared with the protection mission area, the National Protection Framework) located at and include: 52 Appendix CFY2014 HSGP Funding Guidelines • Maturation and enhancement of designated State and major Urban Area fusion centers, including information sharing and analysis, threat recognition, terrorist interdiction, and training/ hiring of intelligence analysts; • Implementation and maintenance of the Nationwide SAR Initiative, including training for front line personnel on identifying and reporting suspicious activities; • Implementation of the"If You See Something, Say SomethingTM" campaign to raise public awareness of indicators of terrorism and terrorism-related crime and associated efforts to increase the sharing of information with public and private sector partners, including nonprofit organizations. Note: DHS requires that the Office of Public Affairs be given the opportunity to review and approve any public awareness materials (e.g., videos, posters, tri-folds, etc.) developed using HSGP grant funds for the "If You See Something, Say SomethingTM" campaign to ensure these materials are consistent with the Department's messaging and strategy for the campaign and the initiative's trademark; • Training for countering violent extremism; development, implementation, and/or expansion of programs to engage communities that may be targeted by violent extremist radicalization; and the development and implementation of projects to partner with local communities to prevent radicalization to violence, in accordance with the Strategic Implementation Plan (SIP)to the National Strategy on Empowering Local Partners to Prevent Violent Extremism in the United States; and • Increase physical security, through law enforcement personnel and other protective measures by implementing preventive and protective measures at critical infrastructure site or other at-risk nonprofit organizations. Critical Emergency Supplies (SHSP and UASI) In order to further DHS' mission, critical emergency supplies, such as shelf stable products, water, and basic medical supplies are an allowable expense under SHSP and UASI. Prior to the allocation of grant funds for stockpiling purposes, each state must have FEMA's approval of a five-year viable inventory management plan which should include a distribution strategy and related sustainment costs if planned grant expenditure is over$100,000. If grant expenditures exceed the minimum threshold,the five-year inventory management plan will be developed by the grantee and monitored FEMA GPD with the assistance of the FEMA Logistics Management Directorate (LMD). FEMA GPD will coordinate with LMD and the respective FEMA Region to provide program oversight and technical assistance as it relates to the purchase of critical emergency supplies under UASI. FEMA GPD and LMD will establish guidelines and requirement for the purchase of these supplies under UASI and monitor development and status of the State's inventory management plan. States (through their Emergency Management Office) are strongly encouraged to consult with their respective FEMA Regional Logistics Chief regarding disaster logistics-related issues. States are further encouraged to share their FEMA approved plan with local jurisdictions and Tribes. Construction and Renovation (SHSP and UASI) Project construction using SHSP and UASI funds may not exceed the greater of$1,000,000 or 15 percent(15%) of the grant award. For the purposes of the limitations on funding levels, communications towers are not considered construction. 53 Appendix CFY2014 HSGP Funding Guidelines Written approval must be provided by FEMA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds, including communications towers, at the time of application, grantees must submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits, and a notice of Federal interest. Additionally, grantees are required to submit a SF-424C Budget and Budget detail citing the project costs. When applying for funds to construct communication towers, grantees and sub-grantees must submit evidence that the FCC's Section 106 review process has been completed and submit all documentation resulting from that review to GPD using the guidelines in EHP Supplement prior to submitting materials for EHP review. Completed EHP review materials for construction and communication tower projects must be submitted no later than 12 months before the end of the period of performance. EHP review materials should be sent to gpdehpinfo(),fema.gov. HSGP Program grantees using funds for construction projects must comply with the Davis- Bacon Act(40 U.S.C. 3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers employed directly at the work-site no less than the prevailing wages and fringe benefits paid on projects of a similar character. Additional information, including Department of Labor(DOL)wage determinations, is available from the following website htW.-Iltivww.dol.gov/compliance/laws/comp-dbra.htm. OPSG funds may not be used for any type of construction. Personnel (SHSP and UASI) Personnel hiring, overtime, and backfill expenses are permitted under this grant in order to perform allowable HSGP planning, training, exercise, and equipment activities. Personnel may include but is not limited to: training and exercise coordinators, program managers for activities directly associated with SHSP and UASI funded activities, intelligence analysts, and statewide interoperability coordinators (SWIC). For further details, SAAs should refer to IB # 358 or contact their FEMA Headquarters Program Analyst. HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional public health and safety duties or to supplant traditional public health and safety positions and responsibilities. The following are definitions as it relates to personnel costs: • Hiring. State and local entities may use grant funding to cover the salary of newly hired personnel who are exclusively undertaking allowable FEMA program activities as specified in this guidance. This may not include new personnel who are hired to fulfill any non-FEMA program activities under any circumstances. Hiring will always result in a net increase of Full Time Equivalent (FTE)employees. • Overtime. These expenses are limited to the additional costs which result from personnel working over and above 40 hours of weekly work time as a direct result of their 54 Appendix CFY2014 HSGP Funding Guidelines performance of FEMA-approved activities specified in this guidance. Overtime associated with any other activity is not eligible. • Backfill-related Overtime. Also called"Overtime as Backfill,"these expenses are limited to overtime costs which result from personnel who are working overtime (as identified above)to perform the duties of other personnel who are temporarily assigned to FEMA- approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of FTE employees. • Supplanting. Grant funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or grantees may be required to supply documentation certifying that a reduction in non- Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. Operational Packages (OPacks) (SHSP and UASI) Applicants may elect to pursue operational package (OPack) funding, such as Canine Teams, Mobile Explosive Screening Teams, and Anti-Terrorism Teams, for new capabilities as well as sustain existing OPacks. Applicants must commit to minimum training standards to be set by the Department for all Federally funded security positions. Applicants must also ensure that the capabilities are able to be deployable, through EMAC, outside of their community to support regional and national efforts. When requesting OPacks-related projects, applicants must demonstrate the need for developing a new capability at the expense of sustaining existing core capability. Western Hemispheric Travel Initiative (SHSP) In addition to the expenditures outlined above, SHSP funds may be used to support the implementation activities associated with the Western Hemisphere Travel Initiative (WHTI), including the issuance of WHTI-compliant Tribal identification cards. More information on the WHTI may be found at l200 935 7977 a,sh1 r or ht�,t�,,Ilwivii,.gelyoi,ihome.gov//ton// �rnap.ht d- Other Secure Identification Initiatives (SHSP) SHSP funds may also be used to support the Department's additional efforts to enhance secure identification, including driver's license and identification security enhancements. Activities that facilitate secure identification, including IT enhancements for identification management and verification systems are a priority. DHS is currently developing and implementing a number of screening programs in which secure identification credentials figure prominently. These include the Transportation Worker Identification Credential (TWIC)program which promotes tamper- resistant biometric credentials for workers who require unescorted access to secure areas of ports, vessels, outer continental shelf facilities, and all credentialed merchant mariners; and the credentialing of first responders which entails enhancing real-time electronic authentication of identity and attribute(s) (qualification, certification, authorization, and/or privilege)of emergency response/critical government personnel responding to terrorist attacks or other catastrophic events. 55 Appendix CFY2014 HSGP Funding Guidelines States may continue implementing activities previously funded through the Driver's License Security Grant Program (DLSGP)that focus on securing driver's license and identification card issuance processes. Initiatives related to securing identification should: • Have the greatest impact upon reducing the issuance and use of fraudulent driver's license and identification cards; • Reduce the cost of program implementation for individuals, States, and the Federal government; • Driver's license identification material requirements; • Expedite State progress toward meeting minimum security standards; and • Plan and expedite State-specific activities to support Federal data and document verification requirements and standards. Operations (OPSG) The intent of OPSG is to focus on operational aspects of enhancing coordination between Federal, State, local, Tribal,and territorial law enforcement agencies to increase the security of the United States borders. • Operational Overtime. OPSG funds may be used for operational overtime costs associated with law enforcement activities, in support of border law enforcement agencies for increased border security enhancement. At the request of a grant recipient, the FEMA Administrator may waive the 50 percent (50%) personnel cap. Waiver decisions are at the discretion of the FEMA Administrator and will be considered on a case-by-case basis. A formal OPSG personnel waiver request should: - Be requested on official letterhead, include a written justification, and be signed by the local jurisdiction; - Include a budget and method of calculation of personnel costs both in percentage of the grant award and in total dollar amount. To avoid supplanting issues, the request must also include a three-year staffing history for the requesting entity; - Include an approved Operations Order from the CBP/BP Sector office which supports the local jurisdiction's written justification; - Be coordinated with the CBP Sector, SAA, and OBP; and - Be forwarded electronically by CBP to FEMA. • Part Time Personnel. OPSG funds may be used to pay additional current part time law enforcement personnel salaries in order to bring them to temporary full time status. • Travel, Per Diem, and Lodging. Travel and per diem include costs associated with the deployment/redeployment of personnel to border areas and for travel associated with law enforcement entities assisting other local jurisdictions in law enforcement activities. In addition, costs to support up to six month deployment of law enforcement personnel to critical Southwest Border locations to support operational activities (travel costs must be in accordance with applicable travel regulations). • Vehicle and Equipment Rentals. • Vehicle/Equipment Maintenance. • Fuel Cost andlor Mileage Reimbursement. There is no cap for reimbursement of operational activities. 56 Appendix C—FY2014 HSGP Funding Guidelines • Activate Reserve State, local, Tribal, and territorial law enforcement personnel. Supporting a request to the Governor to activate, deploy, or redeploy specialized National Guard Units/Package and/or elements of State law enforcement to increase or augment specialized/technical law enforcement elements operational activities. • Backfill. Costs associated with backf ill for personnel supporting operational activities. • Law Enforcement Readiness. Use of OPSG funds may be used to increase operational, material, and technological readiness of State, local, Tribal, and territorial law enforcement agencies. Unallowable Costs(OPSG) OPSG unallowable costs include costs associated with staffing and general IT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc. OPSG is not intended as a hiring program. Therefore, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. OPSG funding shall not be used to supplant inherent routine patrols and law enforcement operations or activities not directly related to providing enhanced coordination between local and Federal law enforcement agencies. Finally, construction and/or renovation costs are prohibited under OPSG. Applicants should refer to IB 358 or contact their FEMA Headquarters Program Analyst at(800) 368-6498 for guidance and clarification. Unallowable Costs (SHSP and UASI) Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with HSGP funds. Per the Anti-Deficiency Act, federal government personnel, or representatives thereof, are prohibited from participation in projects awarded to sub grantees. This includes the solicitation, selection and monitoring of sub grantees. Examples of Allowable Activities for SHSP and UASI Planning Activities Examples of planning activities include: • Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, mitigation, response, and recovery activities as identified in the national planning frameworks • Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: - Conducting a THIRA process - Implementing the Goal, National Preparedness System, and the Whole Community Approach to Security and Emergency Management including efforts to support strengthening of capacity among whole community partners - Pre-event recovery planning - Implementing the 2014 National Infrastructure Protection Plan (NIPP) and associated Sector Specific Plans 57 Appendix C—FY2014 HSGP Funding Guidelines - Enhancing and implementing SCIPs and Tactical Interoperable Communications Plans (TICPs)that align with the goals, objectives, and initiatives of the National Emergency Communications Plan (NECP) - Costs associated with the adoption, implementation, and sustainment of the NIMS, including implementing the NIMS Guideline for Credentialing of Personnel - Modifying existing incident management and EOPs to ensure proper alignment with the coordinating structures, processes, and protocols described in the National Frameworks - Establishing or enhancing mutual aid agreements - Developing communications and interoperability protocols and solutions consistent with NIMS/ICS that include communications support for faith-based and voluntary organizations - Developing emergency communications SOPs and plain language protocols - Integrating emergency communications SOPs across jurisdiction, disciplines, and levels of government - Conducting local, regional, and Tribal program implementation workshops - Developing or updating resource inventory assets in accordance to NIMS-typed resource definitions which are managed by FEMA's National Integration Center (NIC) and can be found at: http://www.fema.kov/resource-management - Designing State and local geospatial data systems - Developing and conducting public education and outreach campaigns, including promoting individual, family, and organizational emergency preparedness and support for the National Preparedness Campaign including America's PrepareAthon! and Ready campaigns, as required by the National Preparedness System; alerts and warnings education; promoting training, exercise, and volunteer opportunities; informing the public about emergency plans, evacuation routes, shelter locations; and evacuation plans as well as CBRNE prevention awareness - Designing programs to address targeting at-risk populations and engaging them in emergency management planning efforts - Developing and conducting public education and outreach campaigns, including promoting individual, family, and organizational emergency preparedness and support for the national Campaign to Build and Sustain Preparedness, including America's PrepareAthon!, as required by the National Preparedness System; the Ready Campaign; alerts and warnings education; promoting training, exercise, and volunteer opportunities; informing the public about emergency plans, evacuation routes, shelter locations; and evacuation plans as well as CBRNE prevention awareness activities, materials, services, tools and equipment to achieve planning, protection, mitigation, response and recovery that is inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities) - Preparing materials for SPRs WHTI implementation activities including the issuance of WHTI-compliant Tribal identification cards 58 Appendix CFY2014 HSGP Funding Guidelines • Conducting statewide emergency communications and preparedness planning, including the following activities: - Conducting/attending planning and governance workshops - Engaging and expanding the participation of the whole community in emergency communications planning, response, and risk identification - Participating in THIRA development process - Collecting and using data (e.g.,NECP Goal Assessments, findings from national- level exercises)to assess user needs, capabilities, and gaps, and to facilitate coordination and asset-sharing - Assessing emergency communications needs and assets and integrating needs into State plans (e.g., SCIP, SPR, and broadband plans) - Coordinating with SWIC, SAA, and State-level planners to ensure proposed investments align to statewide plans (e.g., SCIP, State broadband plan) and comply with technical requirements • Developing related terrorism prevention activities: - Coordinating fusion center efforts with other analytical and investigative efforts including, but not limited to JTTFs, Field Intelligence Groups (FIGs), High Intensity Drug Trafficking Areas (HIDTAs), Regional Information Sharing Systems (RISS) Centers, criminal intelligence units, and real-time crime analysis centers. - Developing THIRAs that reflect a representative makeup and composition of the jurisdiction - Developing initiatives that directly support local efforts to understand, recognize, prepare for, prevent, mitigate, and respond to pre-operational activity and other crimes that are precursors or indicators of terrorist activity, in accordance with civil rights/civil liberties protections - Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center - Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center - Developing and planning for information/intelligence sharing groups - Integrating and coordinating the fire service, emergency management, public health care, public safety, and health security data-gathering(threats to human and animal health)within designated fusion centers to achieve early warning, monitoring, and mitigation of threats - Hiring and training privacy, security, and/or fusion liaison officers (FLO) coordinators to support fusion center operations - Integrating and coordinating private sector participation with fusion center activities - Developing and implementing preventive radiological/nuclear detection activities - Acquiring systems allowing connectivity to State, local, Tribal, territorial, and Federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate - Planning to enhance security during heightened alerts, terrorist incidents, and/or during mitigation and recovery 59 Appendix C—FY2014 HSGP Funding Guidelines - Accessible public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, and web postings coordinated through local Citizen Corps Councils - Volunteer programs and other activities to strengthen citizen participation - Conducting public education campaigns including promoting suspicious activity reporting and preparedness; individual, family, and organizational emergency preparedness; Promoting the national Campaign to Build and Sustain Preparedness and the Ready campaign - Evaluating Critical Infrastructure Protection (CIP) security equipment and/or personnel requirements to protect and secure sites - CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements/deployments - Underwater Terrorist Protection Plans • Developing and implementing a comprehensive model for preventing violent extremism in local communities: • Including existing law enforcement agencies' initiatives and including mechanisms for engaging the resources and expertise available from a range of social service providers, such as education administrators, mental health professionals, and religious leaders; • Enhancing engagement with communities to discuss violent extremism in an effort to (1) share sound, meaningful, and timely information about the threat of radicalization to violence with a wide range of groups and organizations, particularly those involved in public safety; (2) respond to concerns about government policies and actions; and (3) increase understand for how community- based solutions can be supported. • Building expertise, including a robust training program to improve cultural competency and to ensure that communities, government, and law enforcement receive accurate, intelligence-based information about the dynamics of radicalization to violence. • Developing and enhancing risk centric capabilities-based plans and protocols, including but not limited to: - Community-based planning to advance "whole community" security and emergency management - Incorporating government/non-governmental collaboration, citizen preparedness, and volunteer participation into State and local government homeland security strategies, policies, guidance, plans, and evaluations - Developing, enhancing, maintaining a current EOP that conforms to the guidelines outlined in the CPG 101 v 2.0 - Planning for the relocation of existing systems operating in the T-Band - Developing or enhancing local, regional, or Statewide strategic or tactical interoperable emergency communications plans including such actions to support communications with faith-based and voluntary entities who act as immediate responders in disaster - Developing or enhancing critical infrastructure planning, to include planning for incidents at chemical facilities 60 Appendix C—FY2014 HSGP Funding Guidelines - Developing protocols or SOPs for specialized teams to incorporate the use of equipment acquired through this grant program - Developing terrorism prevention/protection plans - Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies - Developing plans for mass evacuation and pre-positioning equipment - Developing or enhancing plans for responding to mass casualty incidents caused by any hazards - Developing or enhancing applicable procedures and operational guides to implement the response actions within the local plan including patient tracking that addresses identifying and tracking children, access and functional needs population, and the elderly and keeping families intact where possible - Developing or enhancing border security plans - Developing or enhancing cybersecurity and risk mitigation plans - Developing or enhancing secondary health screening protocols at major points of entry (e.g., air, rail, port) - Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans - Developing public/private sector partnership emergency response, assessment, and resource sharing plans - Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-governmental entities working to meet the human service response and recovery needs of survivors - Developing or updating local or regional communications plans - Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies - Developing or enhancing continuity of operations and continuity of government plans - Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRF and the National Disaster Recovery Framework(NDRF) - Developing plans and response procedures for adjudicating, validating and responding to an alarm from a chemical or biological detector(response procedures should include emergency response procedures integrating local first responders) - Developing or enhancing evacuation plans - Developing mechanisms for utilizing the National Emergency Family Registry and Locator System (NEFRLS) - Developing or enhancing plans to prepare for surge capacity of volunteers - Developing or enhancing the State EMS systems - Developing or enhancing plans for donations and volunteer management and the engagement/integration of private sector/non-governmental entities, and faith- based organizations in preparedness, mitigation, response, and recovery activities - Developing school preparedness plans 61 Appendix C—FY2014 HSGP Funding Guidelines - Developing preparedness plans for child congregate care facilities, including group residential facilities,juvenile detention facilities, and public/private child care facilities - Developing plans to educate youth on disaster preparedness - Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care, resource management from non- governmental sources, unaffiliated volunteer and donations management, and volunteer resource integration to support each Emergency Support Function, to include appropriate considerations for integrating activities, materials, services, tools and equipment to achieve planning inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities). Developing and implementing civil rights, civil liberties, and privacy policies, procedures, and protocols - Designing and developing State, local, Tribal, and territorial geospatial data systems - Developing and implementing statewide electronic patient care reporting systems compliant with the National Emergency Medical Services Information System (NEMSIS) - Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities • Preparing and submitting SCIPs for SHSP, Preparing and submitting reports to the Office of Emergency Communications (OEC)on progress of implementing that State's SCIP and achieving interoperability at the interstate, State, county, regional, and city levels • Updating and implementing SCIP and TICP to: - Address findings and gaps identified in AARs from real world incidents and planned exercises, NECP Goal assessments, other State-level preparedness reports and assessments - Incorporate the National Preparedness System and DHS Whole Community initiatives - Address plans for implementation of the Federal Communications Commission (FCC) narrowband requirements - Describe strategic broadband planning activities and initiatives in preparation for the future deployment of the Nationwide Public Safety Broadband Network (NPSBN) • Developing or conducting assessments, including but not limited to: - Developing pre-event recovery plans - Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans - Participating Regional Resiliency Assessment Program (RRAP) activities - Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or Statewide level (e.g., Communications Assets and Mapping [CASM]) - Developing border security operations plans in coordination with CBP 62 Appendix C—FY2014 HSGP Funding Guidelines — Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas — Updating and refining threat matrices — Conducting cyber risk and vulnerability assessments — Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical capability gaps that cannot be met by existing local, regional, and State resources — Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g., law enforcement, fire service, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness) — Activities that directly support the identification of pre-designated temporary housing sites — Activities that support the identification and development of alternate care sites — Conducting community assessments, surveys, and research of vulnerabilities and resource needs to determine how to meet needs and build effective and tailored strategies for educating individuals conducting assessments of the extent to which compliance with the integration mandate of disability laws is being achieved — Conducting Preparedness research — Conducting or updating interoperable emergency communications capabilities and broadband needs assessments at the local, regional, or Statewide level — Soft target security planning(e.g., public gatherings) • Developing, hosting, or participating in bombing prevention/counter-improvised explosives device (IED)-specific planning initiatives to include: — Incorporating appropriate IED-specific intelligence and threat analysis when developing and maintaining a THIRA; — Conducting inventories and assessments of capabilities or typed resource using the counter-IED-specific DHS National Counter-IED Capabilities Analysis Database (NCCAD)program for use in applicable THIRAs, preparedness reporting, or strategies; — Conducting DHS Multi-Jurisdiction IED Security Planning(MJIEDSP) workshops to develop THIRA-based plans and strategies that maximize the use of limited resources; — Developing IED hazard-specific EOP annexes. — Implementing a Corrective Action Plan (CAP)to close IED-related capability gaps identified through MJIEDSP or other planning processes • Continuity of Operations/Continuity of Government (COOP/COG) Planning activities, which include but are not limited to: • Determining essential functions and activities, interdependencies, and resources needed to perform them • Establishing orders of succession and delegations of authority to key agency positions and establish and maintain current roster(s)of fully equipped and trained COOP personnel with the authority to perform essential functions • Providing for the identification and preparation of alternate operating facilities for relocated operations 63 Appendix CFY2014 HSGP Funding Guidelines • Providing for the regular training, testing, and exercising of COOP personnel, systems, and facilities • Providing for reconstitution of agency capabilities and transition from continuity operations to normal operations • Identifying resources for medical supplies necessary to support children during an emergency, including pharmaceuticals and pediatric-sized equipment on which first responders and medical providers are trained • Ensuring subject matter experts, durable medical equipment, consumable medical supplies and other resources required to assist children and adults with disabilities to maintain health, safety and usual levels of independence in general population environments • Developing and implementing a community preparedness strategy for the State/local jurisdiction • Building and expanding governance structures to: — Include representatives from multiple agencies,jurisdictions, disciplines, levels of government, Tribes, rural areas, subject matter experts, and private industry — Integrate statewide leadership and governance structures into broader statewide planning efforts (e.g., statewide broadband planning activities, grants coordination activities, needs assessments)to ensure emergency communications needs are represented — Conduct outreach and education on emergency communications needs and initiatives to stakeholder groups • Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response — Allowable volunteer programs and efforts include, but are not limited to: Citizen Corps Councils, partners, and affiliates; CERTs; Fire Corps; Medical Reserve Corps (MRC);Neighborhood Watch/USAonWatch; Volunteers in Police Service (YIPS); and jurisdiction-specific volunteer programs and efforts. • Establishing and sustaining Citizen Corps Councils • Working with youth-serving organizations and houses of worship to develop and sustain youth and faith-based preparedness programs Additional Planning Information The National Preparedness Directorate (NPD) offers technical assistance (TA)that is designed to provide grantees and sub-grantees with specialized expertise to improve their emergency plans and planning. TA deliveries are designed specifically to improve and enhance the continuing development of state and local emergency management across the five mission areas of the National Preparedness Goal and across all core capabilities. TA provides the opportunity to engage emergency managers, emergency planners, and appropriate decision-makers in open discussion of options to improve plans and planning in light of their jurisdiction's needs. There is no cost to approved jurisdictions for FEMA TA. TA deliveries combine current emergency management best practices with practical consideration of emerging trends, through discussion facilitated by FEMA contract specialists and with the support of FEMA Region operational specialists. While the invitation of participants is up to the requesting jurisdiction, FEMA encourages requesting jurisdictions to 64 Appendix CFY2014 HSGP Funding Guidelines include the broadest practical range of its emergency managers and planners in all TA deliveries. TA deliveries should be made open to neighboring jurisdictions. As necessary, FEMA may also invite other Federal experts and practitioners to participate. Additionally, peer-to-peer representation may also be included from other jurisdictions that have recently used TA for the same planning issue. The TA catalog, showing the full range of TA available across all five mission areas and by all providers, and the TA request form can be accessed at http://www.fema.gov/national-incident- management-system/fema-technical-assistance-division. Organization Activities The following organization activities in support of public-private partnerships are allowable expenses: • Program management: - Salary for a dedicated liaison who acts as the primary point of contact, coordinates the public-private partnership and ensures proper implementation of the strategic plan - Facilities, including meeting space and work space for private sector liaisons. Grantees are encouraged to use free space/locations/facilities, whenever possible, prior to the rental of space/locations/facilities - Supplies needed to support regular communications - Implementation of infrastructure resilience enhancement options described in a RRAP report • Utilization of standardized resource management concepts such as typing, inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and after an incident • Sustain partnership efforts to include: - Support for in-person meetings, events, and workshops that bring the public and private sectors together. Grantees are encouraged to use free space/locations/facilities, whenever possible, prior to the rental of space/locations/facilities - Web-based and social media tactics (webinars, emails, newsletters, alerts, databases, online collaboration tools, website development and maintenance, etc.) - Innovative approaches for reaching the Whole Community to include translated material for individuals that are blind and or have low vision capability, those with limited English proficiency, children within diverse and ethnic populations, and coalitions among citizens. - Leverage already existing structures and mechanisms, such as Citizen Corps, for sharing information and engaging members of the Whole Community to include: for-profit and not-for-profit entities, faith based and community organizations, youth-serving and youth advocates, those that support socio-economic and diverse cultures • Structures and mechanisms for information sharing between the public and private sector: - Tools, software, programs, and other mechanisms that support two-way information sharing during normal and emergency operations 65 Appendix C—FY2014 HSGP Funding Guidelines - Means to receive input or feedback from the private sector, and encourage participation from civic leaders from all sectors - Regular and timely communications on subjects relating to all phases of emergency management, such as newsletters, emails, and alerts • Tools, resources and activities that facilitate shared situational awareness between the public and private sectors - Web-based and new media platforms that allow real-time information exchange - Asset mapping, such as participation in FEMA's Total Asset Visibility and LogViz initiatives - A seat(s) in the emergency operation center, or virtual EOC • Operational Support: - Tools for identifying and tracking available paid and unpaid disaster response resources - Dedicated space and equipment for private sector representation within a State, county, or city emergency operation center - A dedicated business emergency operations center that works with the State, county or city EOC (not construction) - Tools for real time information sharing between the public and private sector - Licensing, screening, or other requirements for access to real EOC or virtual EOC • Federal Emergency Response Official (F/ERO) Credentialing and Validation: - Working group meetings and conferences relating to emergency responder credentialing and validation - Compiling data to enter into an emergency responder repository - Coordinating with other State, local, territorial, and Tribal partners to ensure interoperability among existing and planned credentialing and validation systems and equipment - Planning to incorporate emergency responder identity and credential validation into training and exercises. Training Activities FY 2014 SHSP and UASI funds may be used to support attendance to allowable training deliveries and programs, as described below. FEMA funds must be used to supplement, not supplant, existing funds that have been appropriated for the same purpose. Allowable training- related costs include, but are not limited to,the following: • Developing, Delivering, and Evaluating Training. Includes costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, disability accommodations, and equipment. • Training that promotes individual, family, or community safety and preparedness is encouraged, including: all-hazards safety training such as emergency preparedness, basic first aid, lifesaving skills, crime prevention and terrorism awareness, school preparedness, public health issues, chemical facility incidents, mitigation/property damage prevention, safety in the home, light search and rescue skills, principles of NIMS/ICS, volunteer management and volunteer activities, serving and integrating people with disabilities, pet care preparedness, CPR/AED training, identity theft workshops, terrorism awareness seminars, and disability-inclusive community preparedness conferences. The delivery of 66 Appendix CFY2014 HSGP Funding Guidelines the CERT Basic Training Course and supplemental training for CERT members who have completed the basic training, the CERT Train-the-Trainer Course, and the CERT Program Manager course are strongly encouraged. • Conducting, hosting, or participating in training related to IED prevention, protection, mitigation, or response to include: — Awareness and education for the public, private sector and first responders; — Suspicious activity identification and reporting, including the Surveillance Detection and Bomb-Making Materials Awareness Program (BMAP); — Management of bomb threats; — Physical protective measures; — Diversion control measures for dual-use explosive precursor chemicals, including the Surveillance Detection and Bomb-Making Materials Awareness Program (BMAP); — Training for specialized IED prevention and protection teams or OPacks such as Public Safety Bomb Squads, Explosives Detection Canine Teams, and Mobile Explosive Device Screening Teams in accordance with applicable guidelines, certification, or accreditation requirements. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs, are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government and from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part-Time Staff or Contractors/Consultants. Payment of salaries and fringe benefits to full or part-time staff or contractors/consultants must be in accordance with the policies of the State or unit(s) of local government and have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the funding allowed for program management personnel expenses. In no case is dual compensation allowable. • Certification/Recertification of Instructors. States are encouraged to follow the NTE Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. This information is contained in IB 193, issued October 20, 2005. Additional information can be obtained at http://www.fema.jzov/Qood izuidance/download/10146. • Training and exercises for the public or civilian volunteer programs supporting first responders, including CERTs, before, during and after disasters should address the needs of the Whole Community. Allowable training includes: all-hazards safety such as emergency preparedness, basic first aid, lifesaving skills, crime prevention and terrorism awareness, school preparedness, youth preparedness, public health issues, chemical facility incidents, mitigation/property damage prevention, safety in the home, light search 67 Appendix C—FY2014 HSGP Funding Guidelines and rescue skills, principles of NIMS and ICS, volunteer management, serving and integrating people with disabilities, pet care preparedness, training necessary to participate in volunteer activities, fulfill surge capacity roles, integration and coordination of faith community roles, communication in disaster or promotes individual, family, or whole community safety and preparedness. Exercises that include members of the public or that are conducted for the public should be coordinated with local CERTs and/or Citizen Corps Councils as well as organizations outside of emergency management and focus on the importance of personal preparedness and protective actions. Per FEMA Grant Programs Directorate Policy FP 207-008-064-1, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, issued on September 9, 2013, States, territories, Tribal entities and urban areas are no longer required to request approval from FEMA for personnel to attend non-FEMA training as long as the training is coordinated with and approved by the State, territory, Tribal or Urban Area Training Point of Contact (TPOC) and falls within the FEMA mission scope and the jurisdiction's Emergency Operations Plan (EOP). The only exception to this policy is for Countering Violent Extremism courses. The Policy can be accessed at htt www, iyrrr. � �ara�clia-llbxarrws. etsdcae^a� epd, dc . FEMA will conduct periodic reviews of all State, territory, and Urban Area training funded by FEMA. These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. If these reviews determine that courses are outside the scope of this guidance, grantees will be asked to repay grant funds expended in support of those efforts. For further information on developing courses using the instructional design methodology and tools that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training Development Center(RTDC) available at lattt ' � a� y, r°,tit cyst t�l}r°lrc iraira . o vIrtdel tatel. Additional Training Information FEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by FEMA. This includes the Center for Domestic Preparedness (CDP), the Emergency Management Institute(EMI), and the National Training and Education Division's (NTED)training partner programs including, the Continuing Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalogue lists State and Federal sponsored courses that fall within the FEMA mission scope, and have been approved through the FEMA course review and approval process. An updated version of this catalog can be accessed at ..t v. Training Not Provided by FEMA. These trainings includes courses that are either State sponsored or Federal sponsored (non-FEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the FEMA mission scope to prepare State, local, Tribal, and 68 Appendix C—FY2014 HSGP Funding Guidelines territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. • State Sponsored Courses. These courses are developed for and/or delivered by institutions or organizations other than Federal entities or FEMA and are sponsored by the SAA or their designated TPOC. • Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public-private partnerships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. Overtime pay for first responders and emergency managers who participate in public-private training and exercises is allowable. In addition, States, territories, Tribes, and Urban Areas are encouraged to incorporate the private sector in government-sponsored training and exercises. Additional information on both FEMA provided training and other federal and state training can be found at http://www. irstrespondertraining.�rov. Training Information Reporting System ("Web-Forms'). Web-Forms is an electronic form/data management system built to assist the SAA and its designated State,territory and Tribal Training Point of Contact (TPOC). Reporting training activities through Web-Forms is not required under FY 2014 HSGP, however, the system remains available and can be accessed through the FEMA Toolkit located at http://www;frstrespondertraining_gov/admin in order to support grantees in their own tracking of training. Exercise Activities Allowable exercise-related costs include: • Funds Used to Design, Develop, Conduct, and Evaluate an Exercise. Includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Grantees are encouraged to use government or free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any exercise or exercise gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Full or part-time staff may be hired to support exercise-related activities. Such costs must be included within the funding allowed for program management personnel expenses. • State grantees must follow their state's formal written procurement policies. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development, and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or 69 Appendix CFY2014 HSGP Funding Guidelines agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise project(s) or HSEEP programmatic requirements as described in the HSEEP(e.g., Training and Exercise Plan). • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., gloves, non-sterile masks, and disposable protective equipment). • Disability Accommodations. Materials, services, tools and equipment for exercising inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities). • Other Items. These costs include the rental of equipment and other expenses used specifically for exercises, costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children, adults with disabilities, and those with access or functional needs Additional Exercise Information If a State decides to use HSGP funds to conduct an exercise(s), it is encouraged they complete a progressive exercise series. Exercises conducted by States and Urban Areas may be used to fulfill similar exercise requirements required by other grant programs. Grantees are encouraged to invite representatives/planners involved with other federally-mandated or private exercise activities. States and Urban Areas are encouraged to share, at a minimum, the multi-year training and exercise schedule with those departments, agencies, and organizations included in the plan. • Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on the State/Urban Area's THIRA. The scenarios used in HSGP-funded exercises must focus on testing capabilities, must be large enough in scope and size to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non- governmental organizations, and take into account the needs and requirements for individuals with disabilities. Exercise scenarios should align with priorities and capabilities identified in the Multi-year Training and Exercise Plan. • Special Event Planning. If a State or Urban Area will be hosting a special event(e.g., Super Bowl, G-8 Summit), the special event planning should be considered as a training or exercise activity for the purpose of the Multi-Year Training and Exercise Plan. The State or Urban Area should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers)that focus on evacuations, communications, and command and control. • Regional Exercises. States should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned special events in the Multi-year Training and Exercise Plan. • Exercise Evaluation and Improvement. Exercises should evaluate performance of capabilities against the level of capabilities required. Guidance related to exercise 70 Appendix C—FY2014 HSGP Funding Guidelines evaluation and improvement planning is defined in the HSEEP located at his://www.His.dhs.g-ov/hseep. • HSEEP Fundamental Principles. States are expected to develop an exercise program based the following principles: • Guided by Elected and Appointed Officials; • Capability-based, Objective-driven; • Progressive Planning Approach; • Whole Community Integration; • Informed by Risk; and • Common Methodology. Detailed information regarding the principles can be found in HSEEP located at https://www.His.dhs. ova /hseep. • The Role of Non-Governmental Entities in Exercises. Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from non-governmental entities should be included in the planning, conclusion, and evaluation of an exercise. State, local, Tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non-governmental resources provided by non-governmental entities, defined as the private sector and private non-profit, faith-based, community, disability, volunteer, and other non-governmental organizations. Non-governmental participation in exercises should be coordinated with the local Citizen Corps Council(s) or their equivalent and other partner agencies. The scenarios used in HSGP-funded exercises must focus on validating existing capabilities, must comply with and be large enough in scope and size to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities. Unauthorized Exercise Costs Unauthorized exercise-related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles), medical supplies, and emergency response apparatus (e.g., fire trucks, ambulances). • Equipment that is purchased for permanent installation and/or use, beyond the scope of the conclusion of the exercise (e.g., electronic messaging signs). °71 Appendix C—FY2014 HSGP Funding Guidelines Appendix D — FY 2014 OPSG Operations Order Template and Instructions Operations Order Template Instructions The OPSG Operations Order Template can be found at http://www. r�gov. Executive Summary Overview Operations Order Executive Summary must: • Identify the organization name, point of contact, committees, and other structures accountable for implementing OPSG in the jurisdiction (typically this will be a program lead or manager overseeing operations and individuals assigned to that agency). • Describe how Federal, State, local, and Tribal law enforcement agencies will work together to establish and enhance coordination and collaboration on border security issues. Budget Requirements Overview Operations Order Detailed Annual Budget must: • Explain how costs and expenses were estimated. • Provide a narrative justification for costs and expenses. Supporting tables describing cost and expense elements (e.g., equipment, fuel, vehicle maintenance costs) may be included. Submission Requirements Operations Orders must meet the following submission requirements: • Must be created and submitted in Microsoft Word (*.doc) • Must not exceed six pages in length • Must be submitted using the following file naming convention: "FY 20XX OPSG <State Abbreviation>- <Local Unit of Government Name>" Due to the competitive nature of this program, separate attachments will not be accepted or reviewed. 72 Appendix D—FY 2014 HSGP, OPSG Operations Order Template FY 2014 OPERATION STONEGARDEN (OPSG) OPERATIONS ORDER AND BUDGET TEMPLATE Op Order Name: Operation Op Order Number: <Completed by CBP> Op Dates: From: To: Report Date: Executive Summary I. Situation A. General Situation: B. Terrain/Weather: C. C. Criminal Element: D. D. Friendly Forces: II. MISSION III. EXECUTION A. Management/Supervisor Intent: B. General Concept: C. Specific Responsibilities: 1. 2. 3. D. Coordinating Instructions: IV. BUDGET Within the Operations Order, include budgets and operative spending plans in one-year increments (Year 1 and Year 2). The annual operations should be practical and able to be completed within the 24-month period of performance. Grantees may not begin operations, obligate, or expend any funds until the final Operations Order and embedded budget has been approved by FEMA GPD and CBP/BP Headquarters and any existing special conditions and/or restrictions are removed. The sample table provided below may be used as a guide to the applicant in the preparation of the budget and Operations Order to be submitted. Using the table below, compute the total estimated cost under the Narrative Justification column and indicates the amount of Federal funds requested under the Federal Request column that will support the project. 73 Appendix D—FY 2014 HSGP, OPSG Operations Order Template A.1 Example- Cost Estimates/Funding Rea uets Year T�: . .istics/Budget Narrative Justification Federal Request Request (Computation of Items) Law Enforcement Operational $50 per hour OT rate x 11 personnel Overtime x 10 hours x 3 day detail x 4 quarters per year x 2 years $132.000.00 Fringe Benefits for Law $27.55/hr x 1.5 OT = ($41.33/hr) x Enforcement (.062) = ($2.56/hr FICA) x 5840 hrs/vr x 2 vrs $29,925.92 Travel, Lodging, and Per Diem for Federal or below: approx miles of deployed LE and/or Federally 3,500, 15 days single Occupancy @ sponsored (DHS/FEMA) border $150 for 5 people security task forces, conferences and/or mandatory traininq $1,750.00 General Equipment Lines, personal flotation devices, GPS software updates, marine batteries, thermal imaginq system Special Equipment Sea Hawk Boat, Explorer 4x4 Police (Requiring separate waiver i.e., with Package Planes, boats, vehicles, SUVs, etc.) $75,000.00 ...�.._.............................. ...................... Part-Time to Full-Time Law Enforcement Personnel Activated Reserve Law Enforcement Personnel Vehicle 46,800 miles per year x .18 cents per Maintenance mile = $8,424.00 x 2 yrs Vehicles: Tires, enqine repair, other $16,848.00 Fuel Cost 3,342 x $4.50 per gallon = $15,043/yrµ ................................... ._.. x 2 vrs $30,086.00 Total $285,609.92 A.2 Cost Estimates/Funding Requests (Year 2): < INSERT COST ESTIMATES AND FUNDING REQUESTS TABLE > V. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: B. Unit Command: C. Communications Detail: D. Map Coordinates: 74 Appendix DFY 2014 HSGP, OPSG Operations Order Template Dotes: Longitude: Latitude: Degrees: Minutes: Seconds: Decimal: Location Zone: ANNEX A. Administration Annex: B. Execution Annex: C. Command Annex: Media Action Plan: Legal Review: Risks: Photos: 75 Appendix D—FY 2014 HSGP, OPSG Operations Order Template Appendix E — OPSG Operational Guidance Appendix F is intended to provide operational guidance to applicants on the development of the concept of operations and campaign planning, the tactical operation period and the reporting procedures This also delineates specific roles and responsibilities, expectations for operations, and performance measures. Successful execution of these objectives will promote situational awareness among participating agencies and ensure a rapid, fluid response to emerging border- security conditions. OPSG uses an integrated approach to address transnational criminal activity. It is recommended that Federal, State, local, Tribal, and territorial partners establish and maintain an OPSG Integrated Planning Team (IPT) with representation from all participating law enforcement agencies, co-chaired by representatives from CBPBP, the SAA, and participating law enforcement agencies' OPSG program representatives. U.S. Border Patrol will provide routine monitoring and technical expertise to each participating agency. Each operation will be reviewed for border-security value and approved by the corresponding sector's Chief Patrol Agent or his/her designee. All operational plans should be crafted in cooperation and coordination among Federal, State, local, Tribal, and territorial partners. Consideration will be given to applications that are coordinated across multiple jurisdictions. All applicants must coordinate with the CBP/BP Sector Headquarters with geographic responsibility for the applicant's location in developing and submitting an Operations Order with an embedded budget to the SAA. As OPSG continues to evolve, several proven practices have been recognized, centered on short- term, periodic operations in support of overarching near and long-term goals. A multi-step process will be established through the area IPT, including a campaign plan and a cycle of operations to ensure that OPSG partners maintain synergism and have a coordinated and measurable impact on reducing border-security risk. I. Concept of Operations and Campaign Planning (Post Allocation Announcement/Pre- Award) The overarching operational cycle involves three stages; application, concept of operations to formulate a Campaign Plan and one or more tactical operational periods, which are all developed by the IPT. First Stage: Please refer to section IX of the full FOA. Second Stage (Post Award): After awards are announced participants will create and submit an operations order that forms a campaign plan and captures the initial, generalized-budgetary intent to their IPT. The campaign plan should articulate the participant agency's long-term border security objectives and goals designed to mitigate border-security risk. 76 Appendix E—FY 2014 HSGP, OPSG Operational Guidance Funds should be obligated as needed to target specific threats or vulnerabilities and ensure that OPSG usage is commensurate to the unique risk of each border region. This may require several short-term operations that combine to form an ongoing operational cycle, ensuring that BP commanders and State, local, and Tribal agency partners reserve the flexibility to respond to the ever-changing elements of border security. The operations plan also will articulate the budgetary intent of how funds will be used throughout the performance period. The operations plan will project planned expenditures in the following categories: overtime, equipment, instruction, travel, maintenance, fuel, and administrative funds. It can initiate the procurement of equipment, as well as state how much the county intends to use for M&A while keeping funds for overtime or residual equipment funds available for use as needed. If the recipient intends to spend more than 50%of their award on overtime over the course of the performance period, requests for an overtime waiver would be submitted at this time. The operations plan will meet both the SAA expectations to obligate the funds within 45 days of the award announcement and the demands of the grant's operational intent. Once the operations plan is approved, the area IPT will meet to initiate the last stage in the planning process. Third Stage: Once the grantee is ready to conduct operations, the area IPT will begin planning tactical operations. II. Tactical Operational Period Operational discipline is necessary for the success of OPSG. Deliberate, adaptive, integrated, and intelligence-driven planning is critical to conducting targeted enforcement operations consistent with the objectives of the OPSG. By participating in the OPSG, the State, local, and Tribal agencies agree to conduct operations designed to reduce border-security risk. Tactical operations will be conducted on a periodic basis meeting the criteria outlined below. Tactical operational periods are composed of six critical elements: 1) a pre-planning meeting with the IPT; 2) specified beginning and ending dates; 3)are intelligence driven, with a nexus to border security; 4) use targeted enforcement techniques; 5)have clearly stated objectives; and 6) conclude with an after-action meeting. A campaign should involve several tactical operational periods. These periods require deliberate on-going planning to ensure command, staff, and unit activities synchronize to current and future operations. The cyclical nature of the process will ensure OPSG activities align with the fluctuating border-security threats and vulnerabilities. Key planners should recognize that shorter, frequent tactical operational periods increase the flexibility and leverage gained through OPSG funding. The IPT should leverage information provided by the fusion center, Border Intelligence Centers or other local intelligence center, when possible, and establish a common operational vision. The BP sector's Chief Patrol Agent, or his/her designee, will ensure that the information or intelligence has a clear nexus to border security. Intelligence will be shared and vetted for border security value, driving the focus of operations. The tactical operational period should focus on specific targets of interest or specific areas of interest identified by the IPT. Once intelligence-driven targets are identified,the IPT will decide on operational objectives that 77 Appendix E—FY 2014 HSGP, OPSG Operational Guidance reflect the intended impact of operations. The objectives should outline how the operation will deter, deny, degrade, or dismantle the operational capacity of the targeted transnational criminal organizations. The frequency and duration of each tactical operational period should be predicated by local risk factors. The tactical operational period may combine to develop an operational cycle that is synchronous or asynchronous, connected, or unconnected, depending on security conditions and the IPT's intent. Each tactical operational period will begin on a predetermined date and end on a predetermined date, but the dates may be subject to change commensurate with emerging security conditions. The starting date of the operational period should be established to allow sufficient time for the order to be submitted and approved through BP Headquarters and FEMA. Once approved, the operation can be conducted. The following diagrams illustrate two different approaches for conducting operations:t CAMPAIGN PLAN'S OPERATIONAL CYCLE DURATION: 1 FISCAL YEAR FY start FY end r October November December January February M-1, April May June July August September P.— II'I {yPlbd This cycle illustrates contiguous operations. This is an example of a twelve month campaign plan with four tactical operational periods. ........................... _...._ _. Figure 1: Example of an Ongoing Synchronized Operational Cycle These illustrations reflect a twelve month campaign plan. A campaign plan should be written to encompass the performance period. Performance periods vary from State to State,please contact the State Administrative Agency in your area for clarification„ 78 Appendix E—FY 2014 HSGP, OPSG Operational Guidance CAMPAIGN PLAN'S OPERATIONAL CYCLE DURATION: I FISCAL YEAR FY start FY end This cycle illustrates operations on an as-needed basis, in response to emerging border security threats.This is an example of a kwelve month campaign plan with five tactical operational periods, This sample shows overlapping operations as well as times when there are no operations being conducted, Figure 2: Example ofa Dynamic, Unaynchnmnized Operational Cycle 00. Reporting Procedures Participation in (]N(} requires accurate, uouuistcuL and timely reporting of how funds are used, and how the State, local and Tribal agencies' operations have impacted border security through the mitigation of threat or vulnerability and the overall reduction of risk. Reporting will focus on: monitoring program pc,hbnnuncc; determining the level ofintegration and information sharing; and developing best practices for future operations. To ensure consistent reporting each State, local and Tribal agency will identify osingle point of contact to represent their agency us u member ofthe lPT and 10 coordinate the submission of reports or execute other aspects of the grant. /\ttucbnnc,t A, the Daily Activity Report is to be used to submit the ongoing results and outputs from (]P8G operations conducted. The Daily Activity Report will be submitted to the Bpsector, if required, octo the participating agency's ON(] coordinator. The agency coordinator will compile the results from each Daily Activity Report at the end of the month and submit a monthly report tothe BP sector. The monthly report is due to sector hythe I 01 day of the following month. The BP sector will oocupi|c the results from the participating agencies and suhcnb BP results � Headquarters Headquarters ��cru by the 15 of each following month. In addition tothe ongoing reporting ofoutputs, participants will be required to submit After Action Reports to participating agencies and the BP within 10 days of any completed operation, after convening a debrief meeting. The After Action Report should carefully articulate outcomes and outputs, os well us how the results of the operation compare with the objectives idcutificd 79 Appendix E—FY20l4BSGP, C)NG Operational Guidance during the pre-planning meeting. Failure to submit the After Action report in a timely manner may prevent the approval of future operations requests. IV. Operational roles and responsibilities In order to achieve unity of effort, it is essential that each participant know the roles and responsibilities within the IPT. The BP sector's Chief Patrol Agent, or his/her designee, will: • Coordinate and chair the area Integrated Planning Team's meetings • Coordinate with all interested and eligible State, local, and Tribal agencies in the sector's area of operation during the open period of the OPSG application process by: — Assisting applicants in completing the operations planning portion of the application, which is similar to the Operations Order used by the Border Patro12 — Forwarding the approved operation portion of the application to CBP/BP Headquarters, as well as to the SAA to complete the application process set by FEMA/GPD • Following the announcement of grant awards, coordinate and chair a meeting with State, local, and Tribal agencies that received OPSG awards to develop an individualized campaign plan. This includes: — Working with State, local, and Tribal agencies, along with other Federal law enforcement agencies to determine the dates, focus, and needs of each tactical operational period, ensuring that each operation has a nexus to border security; — Receiving the first periodic operations order from the State, local, and Tribal agencies and ensuring that the operation is conducted as outlined in Section I; — Monitoring and supporting the Operational Cycle throughout the performance period; — Ensuring Daily Activity and After Action Reports are submitted by State, local and Tribal agencies in the proper format and within the established timeframes; — Providing instruction, when possible, to State, local and Tribal agencies regarding techniques, methods and trends used by transnational criminal organizations in the area; and — Providing a single point of contact to participants as a subject matter expert in OPSG that can coordinate, collect, and report operational activities within the established reporting procedures. The State, local or Tribal agency lead, or their designee, will: • Coordinate with the SAA on all grant management matters, including but not limited to the development and review of operations orders, expenditure of funds, allowable costs, reporting requirements; 2 This will not be entered into the Border Patrol Enforcement Tracking System(BPETS), 80 Appendix E-FY 2014 HSGP, OPSG Operational Guidance • Participate as a member of the Integrated Planning Team to facilitate the application process during the open period and ensure the application is submitted in compliance with the grant instructions; • Upon receiving a grant award, coordinate and meet as a member of the Integrated Planning team to develop an individualized campaign plan that covers the length of the grant performance period; • Work within the Integrated Planning team to develop an initial Operational Cycle and determine the duration of the first operational period based on the tactical needs specific to the area; • Submit all operations orders to the SAA for review, and submit the first periodic operations order to the Border Patrol and ensure the operation meets the six criteria established in Section 1I; • Conduct operations, on an as-needed basis throughout the length of the grant performance period; • Ensure reports are submitted to the to the Border Patrol, and the SAA when applicable, in the proper format and within established timeframes; • Ensure applicable Operation Stonegarden derived data is shared with the designated fusion center in the State and/or urban area. • Request instruction and information from the SAA, when applicable, and/or Border Patrol and other Federal law enforcement agencies regarding techniques, methods, and trends used by transnational criminal organizations in the area; and • Provide the SAA and Border Patrol a single point of contact that maintains subject matter expertise in OPSG who can coordinate, collect, and report operational activities within the established reporting procedures. The SAA will: • Actively engage in the IPT meetings; • Work in direct coordination and communication with the local or Tribal agency lead on all grant management matters; • Review all operations orders created by the local or Tribal agency; • Acts as the fiduciary agent for the program and provide expertise in State policy and regulations; • Enter into a sub-grant agreement with the award recipients to disburse the allocated funding awarded through FEMA/GPD; • Generate quarterly reports to FEMA and the U.S. Treasury capturing the award recipients' obligation and expenditure of funds; • Determine if the grant's performance period requires additional refinement over the federally established 24 month period; and • Conduct audits of the program to ensure that the award recipients are in compliance with program guidance. 81 Appendix E—FY 2014 HSGP, OPSG Operational Guidance Attachment A: Operation Stonegarden Daily Activity Report Date Information Date of Activity FY Funds Used Select.,. • Agency Identifiers Sector Agency Type ...... .... #U Region/County Agency Name ......................._._............,,,,................................... �....................................................................._.......,...�,. Operational Expenses Overtime Hours Labor Cost Miles Driven/Patrolled Mileage Cost Fuel Used (in Gallons) Fuel Cost Equipment on Order Equipment Cost Total Cost Operational Activity Narcotics Seizures Misdemeanor Arrests Subjects TOT BP Cash Seizures Felony Arrests Cases TOT BP Weapons Seizures Outstanding Warrants Criminal Aliens TOT BP Vehicle Seizures Citations Issued Vehicle Stops Specialty Equipment Intel Reports ***Click the orange arrows below to add details about seizures and arrests. Specialty Equipment Usage Surveillance Towers Marine Patrol Assets Armored Vehicles Mobile Command Centers Aviation Assets Other Spec. Equipments 82 Appendix E—FY 2014 HSGP, OPSG Operational Guidance Narcotic Seizure Details Type Weight Report Number Location Comments Select.. .� Currency Seizure Details Amount Report Number Location Comments Vehicle Seizure Details Make/Model Estimated Value Location Comments Weapon/Ammunition Seizure Details Weapon Type Amount Seized Report Number Location Comments Specialty Equipment Usage Details Specialty Equipment Report Number Location Comments Significant Arrest Details Name Date of Birth Report Number Location Comments Intelligence Summary Category Report Number Location Summary Authorizing Officer Date of Report V. Definitions Integrated Planning Team: The IPT will consist of the awarding State Administrative Agency, local, and Tribal OPSG stakeholders within their Border Patrol sector area and U.S. Border Patrol representatives, but may include other area Federal law enforcement agencies if deemed 83 Appendix E—FY 2014 HSGP, OPSG Operational Guidance necessary by the Chief Patrol Agent. The Integrated Planning Team will be used for all aspects of OPSG application, planning, and de-briefings. Area of Interest: A specific area, areas, or facilities known to be used by transnational criminal organizations in furtherance of their criminal activity. Campaign Plan: A series of related law enforcement operations aimed at accomplishing a strategic or operational objective within a given time and space. Concept of Operations: A written statement that clearly and concisely expresses what the State, local or Tribal commander intends to accomplish and how it will be done using available resources (and funding). Operational Cycle: A deliberate on-going cycle of command, staff, and unit activities intended to synchronize current and future operations (driven by current intelligence and short-term goals that support the campaign). Operational Discipline: The organized manner in which an organization plans, coordinates, and executes the OPSG mission with common objectives toward a particular outcome. Performance Measure: A numerical expression that quantitatively conveys how well the organization is doing against an associated performance goal, objective, or standard. Tactical Operational Period: An operational segment that meets the following six criteria: 1) specified beginning and ending dates; 2) begins with pre-planning; 3) is intelligence driven; 4) uses targeted enforcement techniques; 5) has clearly stated objectives; and 6) concludes with an after-action meeting. Tarieted Enforcement: The leveraging of all available assets against a specific action, area, individual, or organization and using those deemed most appropriate to mitigate risk. Target of Interest: A specific person, group of persons, or conveyance known to be part of, or used by transnational criminal organizations to advance their criminal activity. Threat: Information expressing intent to conduct illegal activity often derived from intelligence sources, the overall context, a specific event or series of events, or observation of suspicious activity. Vulnerability: The protective measures in place are less than the protective measures needed to mitigate risk. Unity of Effort: Coordination and cooperation among all organizational elements, even though they may not be part of the same"command" structure, to achieve a success. 84 Appendix E—FY 2014 HSGP, OPSG Operational Guidance Attachment "C" (FY 14 Homeland Security Grant Assurances) California Governor's Office of Emergency Services FY2014 Grant Assurances (All HSGP Applicants) Name of Applicant: City of Seal Beach Police Department Address: 911 Seal Beach Blvd. City: Seal Beach State: _ CA Zip Code; 90740 p 562-799-4100 ext. 1145 562-493-0634 Telephone Number: Fax Number: E-Mail Address: mezroiasealbeachca.aov or mhe`n ers n@sea!heachca.pov As the duly authorized representative of the applicant,I certify that the applicant named above: I Will assure that the Funding Opportunity Announcement for this program is hereby incorporated into your award agreement by reference. By accepting this award,the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the FY2014 Homeland Security Grant Program Funding Opportunity Announcement,the California Supplement to the FY2014 Homeland Security Grant Program Funding Opportunity Announcement, and all applicable laws and regulations. 2. 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 FY2014 Homeland Security Grant Program application. Further, use of FY2014 funds is limited to those investments included in the California FY2014 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 3. Understands that in the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMDkdhs.vov if you have any questions. 4. 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 Governor's Office of Emergency Services (Cal OES). 5. 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 and Urban Area Security Initiative) or fiscal years. 6. Will comply with any cost sharing commitments included in the FY2014 Investment Justifications submitted to DHS/FEMA/Cal OES,where applicable. 7. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. Pagel Initil' a. 8. Will give the DHS/FEMA,the General Accounting Office,the Comptroller General of the United States, the Cal OES,the Office of inspector General,through any authorized representatives, access to, and the right to examine,all paper or electronic records,books, and documents related to the award, and will permit access to its facilities, personnel and other individuals and information as may be necessary, as required by DHS/FEMA or Cal OES,through any authorized representative,with regard to examination of grant related records,accounts, documents, information and staff. 9. Agrees, and will require any subrecipient,contractor, successor,transferee, and assignee to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information,facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS or Cal OES. b. Recipients must give DHS and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities,personnel,and other individuals and information as may be necessary, as required by DHS and Cal OES program guidance, requirements,and applicable laws. c. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance, and recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. d. If, during the past three years,the recipient has been accused of discrimination on the grounds of race, color, national origin(including limited English proficiency),sex, age, disability, religion, or familial status,the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. e. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin(including limited English proficiency), sex, age, disability, religion,or familial status against the recipient,or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations.. 10. Will comply with any other special reporting, 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, or detailed in the program guidance. 11. 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)the baseline level of capability as defined by the Fusion Capability Planning Tool. 12. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from obligating, expending, or drawing down HSGP—UASI funds in support of their State and/or Major Urban Area Fusion Center. Cal OES will notify the subgrantee in writing when DHS/FEMA has lifted the hold. 13. Will initiate and complete the work within the applicable timeframe (subgrantee performance period), in accordance with grant award terms and requirements, after receipt of approval from Cal OES and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. Page 2 Initials .—Y 14. Will provide timely, complete and accurate progress reports, and maintain appropriate support documentation to support the 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 these reports and related documentation via the Grant Reporting Tool (GRT)twice each year. 15. Will provide timely notifications to Cal OES of any developments that have a significant impact on award- supported activities, including changes to key program staff. 16. Agrees to be non-delinquent in the repayment of any Federal debt.Examples of relevant debt, include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129 and form SF-42413, item number 17 for additional information and guidance. 17. Will comply with the requirements of 31 U.S.C. § 3729,which set forth that no subgrantee, recipient or subrecipient of federal payments, shall submit a false claim for payment, reimbursement, or advance. Administrative remedies may be found in 38 U.S.C. §§ 3801-3812, addressing false claims and statements made. 18. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of Federal Regulations, Part 13,Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 19. Will comply with the Office of Management and Budget(OMB)Circular A-102,Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(also known as the "A-102 Common Rule"),which are also located found within DHS regulations at Title 44, Code of Federal Regulations(CFR)Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; will comply with OMB Circular A-1 10,Uniform Administrative Requirements for Grants and Agreements with institutions of Higher Education,Hospitals,and Other Non- Profit Organizations, relocated to 2 CFR Part 215. 20. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide; OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225; OMB Circular A-122, Cost Principles for Non-Profit Organizations,relocated to 2 CFR Part 230; and OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations, as applicable. 21. Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48 CFR Part 31.2, part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 22. Will comply with provisions of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 23. 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 connections. 24. 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 and Cal OES. 25. Will comply with all applicable lobbying prohibitions and laws, including those found 31 U.S.C.§ 1352., and agrees that none of the funds provided under this award may be expended by the recipient to pay any Page 3 Initials F person to influence, or attempt 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 any Federal action concerning the award or renewal of any Federal contract,grant, loan, or cooperative agreement. 26. Agrees that,to the extent contractors or subcontractors are utilized, will use small, minority-owned, women-owned,or disadvantaged businesses,to the extent practicable. 27. Will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph(C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. 28. Will ensure that Federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-Federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 29. 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. 30. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964,Public Law 88-352, (42 U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will,on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title IX of the Education Amendments of 1972, as amended(20 U.S.C. § 1681 et seq.),which prohibits discrimination on the basis of gender in educational programs and activities. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. c. The Americans with Disabilities Act, as amended,which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. § 12101 et seq.). d. The Age Discrimination Act of 1975, as amended(42 U.S.C. §§ 6101 et seq.),which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. 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. g. Sections 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 implemented by 24 CFR Part 100), as amended,relating to nondiscrimination in the sale, rental and financing of housing. i. Title 44 of the Code of Federal Regulations(CFR)Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made and any other applicable statutes. k. The requirements of Section 504 of the Rehabilitation Act of 1973,29 U.S.C. § 794, as amended, which provides that no otherwise qualified individual with a disability in the United States will, solely by reason of the disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. 1. 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 Page 4 Initials 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. m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. n. 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. 31. 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. 32. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 33. 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. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions 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 and Cal OES 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 discovered,the subgrantee will immediately cease activity in that area and notify DHS/FEMA/and Cal OES and the appropriate State Historic Preservation Office. 34. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form(OMB Number 1660-01 l5/FEMA Form 024-0-01) and submit it,with all supporting documentation,to their Cal OES program representative, for processing by the DHS/FEMA GPD EHP. 35. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening From for these types of projects is available at: www.fe ina ov/(IOC/I''oveo'llIIIe alt/)i°,,enl/btilletiiis/info32�) final �.rcunun�m�rta�.docm 36. 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 OES and the DHS/FEMA 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. 37. Will provide any information requested by DHS/FEMA/and Cal OES to ensure compliance with applicable laws including, but not limited to,the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act,Endangered Species Act,and Executive Orders on Floodplains(11988),and Environmental Justice(EO12898)and Environmental Quality(EO1 1514). Page 5 Initials 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. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). e. California Environmental Quality Act(CEQA), California Public Resources Code Sections 21080- 21098, and California Code of Regulations, Title 14, Chapter 3 §§ 15000-15007. f. 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. g. 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. 38. Will comply with Standardized Emergency Management System(SEMS)requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division l of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445,2446, 2447, and 2448. 39. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a pub Iically-available privacy policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments,guidance and templates online at litLi)://ww\v.(Il s.Lyov libi.w)L/as ctsawya sr� aj��fkiitt ngg . Jrre20 C( 1r and at tl fJrrav � avrYwlc° t /� c tl!v�kcyIoyPtanptmP+ f°; respectively. 40. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses,permits, and approvals are obtained. 41. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a),whereby all subgrantees, recipients, and subrecipients must ensure that all conference, meeting, convention,or training space, funded in whole or in part with Federal funds, complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. § 2225. 42. Will comply with the Preference for U.S.Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B138942. 43. 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 U.S. 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." 44. 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. The recipient must affix the applicable copyright notices of 17 U.S.C. section 401 or 402 and an acknowledgement of Government sponsorship(including award number)to any work first produced under Federal financial assistance awards, unless the work Page 6 hiitial d includes any information that is otherwise controlled by the Government(e.g. classified information or other information subject to national security or export control laws or regulations). The recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 45. Recipients receiving 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 funds received which exceed the approved, actual expenditures as determined 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. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs,and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 46. Understands that recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 47. 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. 48. 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. 49. Agrees that"Classified national security information," as defined in Executive Order(EO) 12958, as amended or updated via later executive order(s), means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and granted access to such information by appropriate authorities. 50. Agrees that where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch(ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7,2008; EOs 12829, 12958, 12968, and other applicable executive orders; the National Industrial Security Program Operating Manual(NISPOM); and other applicable implementing directives or instructions. Security requirement documents may be located at NttNJ,,: / rwy1Jtfmgaaarrtrtl�r71 ,} pJ Page 7 lrrrt'i�l 51. Immediately upon determination by the award recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement,the award recipient shall contact ISPB, and the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone:202-447-5346 Email: DD254AdministrativeSecurity@dhs.gov Mail:Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington,D.C. 20528 52. Will comply with the requirements regarding Data Universal Numbering System(DUNS) numbers. If recipients are authorized to make subawards under this award,they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number, For purposes of this award term,the following definitions will apply: a. "Data Universal Numbering System (DUNS)"number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities.A DUNS number may be obtained from D&B by telephone(currently 866-705-5711)or the Internet, currently at }}Iltp://fedgov.dnb.co ii/webl'ot•m. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization,which is a State, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for- profit organization; or a Federal agency, but only as a sub recipient under an award or subaward to a non-Federal entity. c. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see section 210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non-Profit Organizations")and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient"means an entity that receives a subaward from you under this award, and is accountable to you for the use of the Federal funds provided by the subaward. 53. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § 276a to 276a-7),the Copeland Act(40 U.S.C. § 276c and 18 U.S.C. § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 327-333), regarding labor standards for Federally-assisted construction sub-agreements. 54. 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. 55. Will comply with Homeland Security Presidential Directive(HSPD)-5,Management of Domestic Incidents, The adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance,through grants, contracts, and other activities. The NIMS provides a consistent Page 8 Initials nationwide template to enable all levels of government,tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against,respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 56. Will comply with OMB Standard Form 424B Assurances—Non construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 57. 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."As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17,for prospective participants in primary covered transactions,the applicant will provide protection against waste,fraud and abuse,by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Applicant certifies that it and its principals: a. 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. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction,violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(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 d. 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. 58. Will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 59. Will obtain,via Cal OES,the prior approval from DHS on any use of the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo,crests or reproductions of flags or likenesses of Coast Guard officials. 60. Will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act(TVPA)of 2000, as amended(22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72,No. 218,November 13,2007. In accordance with Section 106(g)of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award,without penalty, if the recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is Page 9 Initials in effect, or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 62. Will comply with Title VI of the Civil Rights Act of 1964 prohibition against discrimination on the basis of national origin,which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to their programs and services. Meaningful access may entail providing language assistance services, including oral and written translation,where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. Recipient shall comply with DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18,2011), resulting from Executive Order 13166. For assistance and information regarding LEP obligations, refer to DHS Recipient Guidance at lItIDS://�v,,"v.dhs ov/gLli(lanIC�-11blished-hel o-d access-people-limited and additional resources on http://www.lep.gov. 63. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 1 1738,which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical,physical, and biological integrity of the nation's waters is considered research for other purposes. 64. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates(Subpart B); prisoners(Subpart C); and children(Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. 65. Will comply with the requirements of the National Environmental Policy Act(NEPA), as amended,42 U.S.C. § 4331 et seq.,which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-supported activities, DHS requires the environmental aspects of construction grants(and certain non-construction projects as specified by the Component and awarding office)to be reviewed and evaluated before final action on the application. 66. Will comply with the requirements of section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 67. Will comply with the requirements of the Flood Disaster Protection Act of 1973,as amended(42 U.S.C. § 4001 et seq.),which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United States,unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 68. Will comply with the requirements of Executive Order 11990, which provides that federally-funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)),Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, Page 10 Initials and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding,the head of the agency may take into account economic, environmental, and other pertinent factors.The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent,toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship,transport, or receive any biological agent or toxin that is listed as a select agent. 70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term,you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds(as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, b. Where and when to report:you must report on each obligating action described in the following paragraphs to Cal OES. For subaward information,report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2013,the obligation must be reported by no later than December 31, 2013.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350,to Cal OES. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at I, apfw_sc.g�aJ1br /cnrop lt�r�l,. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year,you had gross income,from all sources, under$300,000,you are exempt from the requirements to report on subawards,and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total Federal funding authorized to date under this award is$25,000 or more; ii. in the preceding fiscal year,you received 80 percent or more of your annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320(and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR§ 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. §§ 78m(a), 78o(d))or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information,see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.hlp].) iv, Subrecipient Executives. Unless you are exempt as provided above,for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year,the subrecipient received 80 percent or more of its annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320(and subawards); and$25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts), and Federal Page II Initials 6�111 financial assistance subject to the Transparency Act(and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. §§ 78m(a), 78o(d))or § 6104 of the Internal Revenue Code of 1986. 71. Understands that failure to comply with any of these assurances may result in suspension,termination,or reduction of grant funds. 72. 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. r Signature of Authorized Agent: A' I Printed Name of Authorized Agent: Title: 6 '° Dater 05/11/2015 Page 12 RESOLUTION NUMBER 6555 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT TO TRANSFER OF PROPERTY OR FUNDS FOR FY 2014 HOMELAND SECURITY GRANT PROGRAM ("HSGP") PURPOSES BETWEEN THE CITY OF SEAL BEACH AND THE COUNTY OF ORANGE WHEREAS the Coun ty 9 of Orange,a political subdivision of the State of California, has applied for,received and accepted a grant from the State of California,provided by the Department of Homeland Security("DHS")/Federal Management Agency ("FEMA"), and sub-granted through the State of California, California Governor's Office of Emergency Services to enhance countywide emergency preparedness. WHEREAS, the terms of the grant require that the County of Orange use certain grant funds to purchase equipment,technology,or services that will be transferred from the County of Orange to the City of Seal Beach to be used for grant purposes. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute that certain agreement between the City of Seal Beach and the County of Orange fortransfer or purchase of equipment, technology and services that will be used for grant purposes and is further authorized to take such actions as are necessary to obtain federal financial assistance provided by DHS/FEMA and sub-granted through the State of California, California Governor's Office of Emergency Services, as presented to the City Council on May 11,2015. SECTION 2. The City Clerk shall certify as to the adoption of this Resolution. PASSED,APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of May,2015 by the following vote: AYES: Council Members`°, �` ° I KAiI(try IAA&/ws�-L6�UiN, 1(6-6-tP6,f NOES: Council Members 1� hz ABSENT: Council Members k'f, ABSTAIN: Council Memb ayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH,) I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 11th day of May, 2015. T� City Clerk AGREEMENT TO TRANSFER PROPERTY OR FUNDS 2 FOR 2011 HOMELAND SECURITY GRANT PROGRAM PURPOSES 3 4 THIS AGREEMENT is entered into this c( -tA day of � %-) V-) IF 201*,\, which 5 date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a 6 political subdivision of the State of California, hereinafter referred to as "COUNTY", and 7 -C\-U c c-tt c.,)F 1;e�k k- %�ckA —, a (municipal corporation/special district/not-for- 8 profit corporation),hereinafter referred to as "SUBGRANTEE." 9 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the 10 lead agency for the Orange County Operational Area, has applied for, received and accepted a grant 11 from the State of California, acting through its California Emergency Management Agency, to enhance 12 county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant 13 documents that are attached hereto as Attachments A (FY 11 CA Supplement to Federal Program 14 Guidelines), B (2011 Homeland Security Grant Programs) and C (FY 11 Grant Assurances) and 15 incorporated herein by reference. 16 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase 17 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant 18 purposes. 19 NOW,THEREFORE,IT IS MUTUALLY AGREED AS FOLLOWS: 20 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as 21 specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires 22 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet 23 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon 24 after acquisition by COUNTY as is reasonably practicable. 25 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said 26 grant funds only to acquire equipment,technology or services as set forth in Attachment B hereto and/or 27 to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 1 of 4 1 to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 2 authorized agent. 3 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or 4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and 5 shall make it available for mutual aid response. 6 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired 7 with grant funds from damage or destruction and shall provide regular maintenance and repairs for said 8 equipment as are necessary, in order to keep said equipment in continually good working order. Such 9 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for 10 material and labor costs for any maintenance and repair of the said equipment throughout the life of the 11 said equipment. 12 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies 13 and/or services to include but not limited to upgrades, licenses and renewals of said equipment, 14 technologies and/or services. 15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 16 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant-funded 17 equipment only in accordance with the instructions of COUNTY. 18 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their 19 elected and appointed officials, officers, agents and employees from any and all claims and losses 20 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or 21 corporation furnishing or supplying work services, materials or supplies in connection with 22 SUBGRANTEE's use of grant-funded equipment, technology or services and SUBGRANTEE's 23 performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims 24 and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by 25 SUBGRANTEE in SUBGRANTEE's use of grant-funded equipment, technology or services and 26 SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto. 27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound 28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 2 of 4 I immediately upon discovery that it has not abided or no longer will abide by any applicable provision of 2 Attachments A, B and C hereto, 3 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State 4 Auditor General with respect to this Agreement for a period of three years after final payment 5 hereunder. 6 10. No alteration or variation of the terms of this Agreement shall be valid unless made in 7 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 8 agreement not incorporated herein shall be binding on any of the parties hereto. 9 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express 10 written consent of COUNTY. 11 12. For a period of three years after final payment hereunder or until all claims related to this 12 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all 13 documents, papers and records relevant to the work performed or property or equipment acquired in 14 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, 15 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency 16 from.which COUNTY received grant funds or their duly authorized representative(s), for examination, 17 copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during 18 usual working hours. 19 13. SUBGRANTEE shall provide to COUNTY all records and information requested by 20 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 21 required to provide to the agency from which COUNTY received grant funds or other persons or 22 agencies. 23 14. COUNTY may terminate this Agreement and be relieved of the payment of any 24 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained 25 in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein 26 provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may 27 proceed with the work in any manner deemed proper by COUNTY. 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 3 of 4 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the 2 performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered 3 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. 4 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, 5 State of California. 6 7 DATED: 201_ COUNTY OF ORANGE, a political subdivision of the State of California 8 9 By Sheriff-Coroner 10 "COUNTY" 11 APPROVED AS TO FORM: 12 COUNTY COUNSEL 13 14 By Nicole A. Sims, Deputy 15 16 DATED: 201_ 17 18 DATED: SUBGRANTEE 19 20 By: R 21 ( -N 22 By: C 4 23 ATTEST: 24 25 B ity Clerk 26 DATED: 201 27 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 4 of 4 California Emergency Management Agency (Cal EMA) Fiscal Year(FY)2011 Grant Assurances (All HSGP Applicants) Name of Applicant: cy—t­ S iEA" C k-A Address: 'L C6 -K--k S ez C-I�F City: '-� k�'ei�_Cif State: C � Zip Code: Telephone Number: Fax Number: oo E-Mail Address: w� �n •� �-e�Su� S ems\ �+ «c L+ `a , �� As the duly authorized representative of the applicant,I certify that the applicant named above: I. 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, 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. Wil l comply with any cost sharing commitments included in the FY 2011 Investment Justifications submitted to DHS/FEMA and 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 fission 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. 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 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. c Page 1 Initials ' P. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. |0. Will comply with all regulations applicable taDB8/FEMA8Tunts, including, bntnnt|imitedto,44CFR, Part 13,Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments including,but not limited to,all provisions relevant to the payment of interest earned on advances. ll. Will comply with all provisions nf40CyR~ Part]1.2, Federal Acquisition Regulations(FAD), Contracts with Commercial Organizations. 12. Will establish safeguards to prohibit employees from using their positions for u purpose that constitutes, or presents the appearance of,personal or organizational conflict of interest,or personal gain fb, themselves or others, particularly those with whom they have family, business,or other ties. 13. Understands and agrees that federal funds will not be used,directly or indirectly,to support the enuobncot, repeal,modification nr adoption nfany law,regulation,or policy,c4any level of government, without the express prior written approval OnmI]D8/F2M& and Cal EMA. 14. Agrees that,10 the extent contractors oc subcontractors are utilized, will use small,nminodty-ovvned, vmoen-nnmed,ur disadvantaged business concerns and contractors or subcontractors tothe extent practicable. 15. Will notifv Cal EMA of any developments that have a significant impact on award-supported activities, including changes to key program staff. 16. 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. 17. Will moonp|y'and will assure the compliance ofall agents and contractors,with all federal and state statues relating to civil rights and nondiscrimination. These include,but are not limited,to: a. Title Vlof the Civil Rights Act o[l964(P.L. 88-352)`ao amended,which prohibits discrimination on the basis nf race,color or national origin. b. Title D{of the Education Amendments oflg?2,uu amended(2O0.8.C. 88 1681-1683 and 1085- \686),which prohibits discrimination on the basis ofgender. C. Section 5O4of the Rehabilitation Act ofl973,no amended(29lJ.S.C. 8794),which prohibits discrimination against individuals with disabilities. d. The Age Discrimination Act nfl975, au amended(42D.&C. 886101-6lO7),which prohibits discrimination on the basis ofage. e. The Drug Abuse Office and Treatment Act nflV72 (P.L.92-255),um amended,relating to nondiscrimination on the basis nf drug abuse. [ 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 ocalcoholism. & Sections 523 and 527mf the Public Health Service Act wflg|2(4lD.S.C. 2gDdd-3 and 29Oee- 3)'as amended,relating tomuofidmutiu|ity of alcohol and drug abuse patient records. h. Title\/Dlnf the Civil Rights Act ofl968(42D.S.C. 0 ]dOl atooq.)^uu amended,relating to nondiscrimination inthe sale, rental cvfinuncingofhousing. L Title 44 Code of Federal Regulations(CFR)Parts 7, 16,and 19 relating to nondiscrimination. ' The requirements nf any other nondiscrimination provisions in the apeuifinytatoto(o)under which the application for federal assistance iy being made. k. The nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative(}uidefbr{]runta,M7lOO.l. Page 2 Initials , l& In the event that u federal o,state court ar federal ov state administrative agency makes afiod' of discrimination after adue process hearing on the grounds or race,color, religion,natiomd origin,gender, or disability against u recipient of funds,the recipient w6l|fhrnau\aoupyoftb:findiogtoCaJ £MA, FEMA and the U.S. Department of Justice Office of Civil Rights,Office of Justice Programs. 19. Will provide un Equal Employment Opportunity Plan, if applicable,0u the Department uf Justice Oƒfioe of Civil Rights within 60 days of grant award. 20. VV1Dcomp|ywidhthmrequirmnomntsufTidemDuodDloft6cUnifhonRmioou1ionAxoiutanomaodflmoi Property Acquisition Policies Act nfl97D(42U.SC. 846O| et seq. [P.LA1-646])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 offederal participation in purchases. Will also comply with Title 44CF6t, Part 25, Uniform Relocation Assistance and|loa| Property Acquisition for Federal and Federal|y'/kauiatcd Programs. . 21. Will comply, if applicable,with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act o7lg73 (P.L 93-234)which requires recipients ivaspecial flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition ix$]O,00Dormore. 22, Will comply with all applicable federal,state, and local environmental and bisk/dou| preservation(6BP) requirements. Failure to meet federal,state,and local EHP requirements and obtain applicable permits may jeopardize federal funding. Applicant will comply with all conditions placed on any project uothc result of the EBP review; any change 10 the scope of work ofa project will require reevaluation or compliance with these EB9requirements. 23, Will comply with all regulations applicable toDBS/PE&8A grants including,but not limited to, 44 CFR, Part l0, Environmental Considerations. Applicant will also comply with all state laws,iooludin8ibe California Environmental Quality Act. 24. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA and Cal EMA including, but not limited to,ground disturbance, construction,modification tu any structure,pbvoixu| security enhancements,communications towers, any structure over 50 years old,and purchase and/or use nf any sonar equipment. The xubgruo1eemust comply with all conditions and restrictions placed on the project as a result of the EDP review. Any construction-related activities initiated without the necessary ERP 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 discovered,the subgrantee will immediately cease activity in that area and notify DHS/FEMA, Cal EMA, and the appropriate State Historic Preservation Office. 25. Agrees any construction activities that have been initiated prior to the full environmental and historic preservation review could result iu non-compliance finding. Suho,ordecs must complete the FEM/\ BBP Screening Form(OMB Number l66O'0l|5/FBMA Form O24-0-0l)and submit it,with all supporting documentation,to Cal EK&A for review. The 8BP Screening Form is part ofan Information Bulletin available at: . Grantees should submit the FEMA EQPScruening Form for each project ua soon us possible upnn receiving their grant award. 26 Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project,arenotootbe Environmental Protection Agency's(BpAu)List of Page 3 Initials Violating Facilities,and will notify Cal BMAand FEMAofthe receipt ofany communication from the Director of the EPA Office of Federal Activities indicating ifa facility Nbe used in the project isunder consideration for listing bv the EPA. 27. Will provide any information requested by DIIS/FEMA and/or Cal EMA to ensure compliance with applicable laws,including the following: u. Institution of environmental quality control measures under the National Environmental Policy Act,National 01mtodou| Preservation Act,Archaeological and E(iatoho Preservation Act, Endangered Species Act,and Executive Orders noFloudp|u\na(l}4QD), Wetlands(||9Q0), Environmental Justice(\28y8),and Environmental Quality/)l5l4\ b. Notification of violating facilities pursuant tuEO 11738. C. Assurance of project conaisteucywithtbeupprnvodutatemanugemerkproGrumdevo|opeduodcr the Coastal Zone Management Act uflg72(76D.S.C. 8Gl45letocq.). d. Conformity of Federal actions to State(Clean Air)Implementation Plans under Section 176(c)of the Clean Air Act of )455, uy amended(42D'S.C. §74Oletaeq.). o. Protection of undlerp-,round sources of drinking water under the Safe Drinking Water Act of |074, aa amended(P.LD]-522). f. California Environmental Quality Act(CE0A)'California Public Resources Code Sections 2lOOO-2|D9Q:California Code uf Regulations(CCR),Title 14, Chapter Sections 15080'15007. & Wild and Scenic Rivers Act ofly68 (l6D.&C. §§ l27letaeq.)related to protecting components or potential compunentsufthnuationod*i|dandaoouioc(vcooystom. h. Applicable provisions of the Coastal Bunjcr Resources Act(P.Lo7-348)dated October 19, 1002 (l6DSC350lc1auq.),which prohibits the expenditure uf most new federal funds within the units uf the Coastal Barrier Resources System. 28. Will comply with Standardized Emergency Management System(SEMS)requirements us stated inthe California Emergency Services Act,Government Code,Chapter 7 of Division lof Title 2, Section 8607.l(m)and CC!l Title l9, Sections%445,2446,2447,and 2448. 29. Agrees that a]I publications created or published with funding under this grant shal I prominently contain the following statement: "This document was prepared under a gramt6om}EAIIA'sGrant Programs Directorate, [IS. Department ofHome/undSecurity. Points uf view m`opinions expressed in this document are those o the authors and do not necessarily represent the official position orpn8o/eso/ FEAM's Grant Programs Directorate or the C{S. Department ofI{ome/aod 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 OSDepartment of Homeland Security. 30. Acknowledges t6a1DBS/FBM&A reserves nonexclusive,and irrevocable license io 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 ry sub-recipient purchases ownership with federal support. 31. The recipient agrees to consult with DHS/FEMA and Cal EMA regarding the allocation of any patent rights that arise from,ur are purchased with,this funding. 32. Has requested through the State ofCalifornia, federal finmnciu|assistance tohe used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance,through the State ofCalifornia,agrees to the following: u. Promptly return tothe State o7 California all the funds received,which exceed the approved, actual expenditures aa accepted bv the federal or state government. Page 4 Initials , b. In the event the approved amount ofthe grunt is reduced,the reimbursement applicable to the amount of the reduction will be promptly refunded tothe State nfCalifornia. C. Separately account for interest earned on grant funds,and will return all interest earned, in excess of$|00 per Federal Fiscal Year. 33. Will comply with the Intergovernmental Personnel Act of)970(42 U.S C.Sections 4728'4763)relating to prescribed standards for merit systems for programs funded under one ofthe |9 statutes ovregulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900` Subpart P). ]4. Will comply with provisions of the Hatch Act(5D.S.0 Sections l5Ol-l508 and 7324-7328),which limit the political uudvibcs of employees whose principal employment activities are funded iu whole or(n part with federal bnndo, ` 35. 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. 36. Understands and agrees that the applicant,grantees,subgrantees, recipients,sub-recipients,employees of the applicant,grantees,auborauteco,recipients and subnooipicoto,may not: o. Engage in severe forms wf trafficking inpersons during the period of time that the award ioin effect; 6. Procure u commercial sex act during the period of time that the award isin effect; or o. Use forced labor in the performance of the award or subawards under the award. Applicant understands and agrees that Cal EMA and/or DHS/FEMA may unilaterally terminate any award,without penalty, if the sobgrautewthat is private entity: d. Is determined to have violated uprohibition identified in paragraph 3j,subsections u,b,or c; or e. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 35 subsection a,b,or c through conduct that is either: i. associated with performance under this award; or ii. imputed 10 the authorized agent orauhreoipinnt using the standards and due process for imputing the conduct of an individual to an organization provided in 2 CFR Pun |B0,"OMB Guidelines to Agencies oo Government wide Department and Suspension(Nmn-prwcurmcoou0`"as inup|umootud by DBS/FEMA ct2CF8,Part 3000. And further understands that aubgrantooa and aubmoipicntamust: f. Inform Cal EK&A immediately of any information received from any source alleging u violation ofuprohibition in paragraph 35 subsection a,h, or c; g. FEMA's right to terminate unilaterally as described in paragraph 35 implements section l06kAmf the Trafficking Victims Protection Act(7V9&)of20O0,as amended (22USC 7104h6). The right ofFEMA and Cal EKd&to terminate this award unilaterally is in addition to all other remedies for noncompliance that are available under this award, Page 5 Initials k For purposes of this term: i "2mplovmm"means either: i an individual by the subgrantee or subrecipient who is engaged in the performance of the project or program under this award;oc ii another person ougogudindhopochnmunoeo[thup 'ecto,pnoArunounder this award and not compensated by the subgrantee or subrecipient, including, but not limited to, a volunteer or individual whose services are contributed by a third party usoo in-kind contribution toward cost sharing ormatching requirements. ii. "Forced labor"means labor obtained hy any of the following methods: the recruitment, harboring,transportation,provision, mobtaining ofu person for labor or services,through the use of force, fraud,or coercion for the purpose of subjection to involuntary servitude,peonage, debt bondage cvslavery. iii. "Private entity"means any entity other than a state,local government, Indian Tribe, oc foreign public entity,as those terms are defined in2CFR 175.25, and includes non-profit organizations, including any non-profit institution uf higher education, hospital, or tribal organization other than one included in the dmfin[dnoofIndian Tribe ut2 CFl( 175.25(6), and for-profit organizations. iv. "Severe forms of trafficking in persons,""commercial sex act,"and "coercion"have the meanings given a1 section \03of the 7`l/PA'me amended(l2USC7l02). 37. Will comply, if applicable,with the Laboratory Animal Welfare Act oƒl966(P. L. Q0-544,aa 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. 38. Will comply with the minimum wage and maximum hour provisions ofthe Federal Fair Labor Standards Act(29 U.S.C. 20 1), as they apply to employees of institutions of higher education,hospitals, and other non-profit organizations. 39� Agrees that"Classified national security in[hrmuiou," uadofin:din Executive Order AGCAl2958, as amended,means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 40. Agrees that no funding under this award shall be used to support a contract,subaward,or other agreement for goods ov services that will include access toolayyifiod national security information if the award recipient has not been approved for and has access to such information. 41. Agrees that where an award recipient,grantee, subrecipient,or subgrantee has been approved for and has access to classified national security information,no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DBSOffi000f Security,Industrial Security Program Branch(I8PB)`or, uo appropriate official within the Oadeox| department oxagency with whom the c|uoaifiod effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures,Classified Contracting by States and Local Entities," dated July 7, 2008; EOs ]2O2P, 12958, l290O'ua amended;the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are,located at: . Page 6 Initials _a�vll 42. Understands that upon determination bv the award recipient t6utfundingnnderth�uvvard U � will be contract, bnwnoJ ho and prior execution of any actions 0o facilitate the acquisition nf such a contract,uubavord,orother agreement,the award recipient shall contact ISPB,or the applicable federal department or agency,for approval and processing instructions. DHS Office nfSecurity lSYB contact information: Telephone: 202-447-5346 B-nnoi}: DD254&di-niuiutcudveSecurbY@dhs.gov Mail: Department ofHomeland Security Office Vf the Chief Security Officer ATl1N:&SCVInduytria| Security Program Branch Washington, DC 20528 43. Agrees with the requirements regarding Data Universal Numbering System(DDNS)Numbers, meaning if recipients are authorized to make subawards under this award,they must notify potential subrecipients that no entity bee definition in paragraph C of this award term)may receive or make o subawao\to any entity unless the entity has provided its DUNS number. u. For purposes of this award tenn,the following definitions will apply: i. "Data Universal Numbering System(DDNS)``number means the nine digit number established and assigned by Dun and Bradstreet,Inc. (D&B)to uniquely identify business entities.A DUNS number may be obtained from D&B by telephone(currently 866-705- 57ll) or the Internet(currently a1 , ii "Entity",as it is used in this award term,means all of the following, as defined at 2 CFR part 25,Subpart C,as a Governmental organization, which is a state, local government, or Indian Tribe;or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for-profit organization; or a federal agency,but only as a sub-recipient under un award orouhowmd1ounon-federal entity. iii. "Subaward"means a legal instrument to provide support for the performance of any portion uf the substantive project nrprogrumfbrv/hichyuuo:ouivcdt6ioawardaodtha¢youoothe recipient award toon eligible aubnzipient. It does not include your procurement ofproperty and services needed to carry out the project orpu»gram(bnrfurtborexp(mnn1ion,mne Sec.2l8 of the attachment to OMB Circular A-133,"Audits of States,Local Governments, and Non- Profit Organizations")and may be provided through any legal agreement, including an agreement that you consider acontract. iv. "Subrecipient"means an entity that receives a subaward from you under this award; and is accountable tu you for the use of the federal funds provided bI the sobmwurd. 44. Will comply, ox applicable,with the provisions of the Davis-Bacon Act 0.S.C. Section 276utn276a- 7),the Copeland Act(40 U.S.C. Section 276uand 18 U.S.C. Sections 874),and the Contract Work Hours and Safety Standards Act(40 U.S.[. Sections 327'333),regarding labor standards for federal>y'uaaistod construction sub-agreements. 45. Agrees that: a. No federal appropriated funds have been paid mo will bo paid, bvocou behalf of the undersigned, 0o any person for influencing or attempting to influence un officer or employee of any agency, u 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 vc cooperative agreement. Page 7 Initials ' h If any other funds than federal funds have been paid m will be paid to any person for influencing or attempting to influence an officer m employee ofany agency,a Member of Congress,unuffinnrnrun employee of Congress,mr employee ofm Member of Congress \n 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 certifiouboobo included inthe award documents for all sub awards at all tiers including subgrants,contracts under grants and cooperative agreements,and oubou and that all sub recipients shall certify and disclose accordingly. d. This oodifioo1ionisa 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 3 1, U.S. Code. Any person who fails 0u file the required omdifioat|ooshall bmsubject toa civil penalty uf not less than$10,OOO and not more than$l00,OOQ for each such failure. 40. 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 andwill be deployed in conformance with that Strategy. 47. Agrees that fund i s awarded under this grant will be used to supplement existing funds for program activities, and will not supplant(rep|uce)non-federal funds. 48. Will comply with all applicable federal statutes,regulations, policies,guidelines and requirements, including OMB Circulars A102 and A-1 33,E.O. 12372 and the current Administrative Requirements, Cost Principles,and Audit Requirements. 49. Will comply with all provisions of2 CFB,including: Part 2l5Doitboo Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,and Other Non-Profit Organizations(OMB Circular A-I 10);Part 225 Cost Principles for State,Local and Indian Tribal Governments(OMB Circular A-87); Part 220Cost Principles for Educational Institutions(OMB Circular A-2|); Part 2]O Cost Principles for Noo-PrmfitOrganizations(OMB Circular A'l22j. 50. Will comply with Subtitle A,Title 11 of the Americans with Disabilities Act(ADA) 1990. 51. 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. 52. Will comply with Federal Acquisition Regulations(FAR), part 3l,2 Contract Cost Principles and Procedures,Contracts with Commercial Organizations. 53. Will comply with the financial and administrative requirements set forth io the current edition ofthe DHS Financial Management Guide. 54. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 Homeland Security Grant Program Guidance and Application Kit,and the California Supplement to the Page 8 Initials , FY 2011 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 iu the Investment Juobfimtiooxwhich were submitted uo part of the California FY2Ol{ Homeland Security Grant Program application. Further, use ofFY2011 funds ie limited tb those investments included io the California FY 2O|1 Investment Juetifiou1iouasubmitted toDB88PBM/\ and Cal EMA and evaluated through the peer review process. 55. Will not make any award or permit any award(subgrant or contract)to any party that is debarred or suspended nriyotherwise excluded from or ineligible for participation in federal assistance programs under E0ol2549 and l2089,"Debarment and Suepenmion`'. 56. As required by EO 12549,Debarment and Suspension,and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions,the applicant ocrtificothat i1 and its principals: o. 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 hy any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(fedenaLstate,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery, bribery,1alsifioud000r destruction ofrecords,making false statements,or receiving stolen property, C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,state,mr local)with commission of any of the offenses enumerated in paragraph (1)(6) of this codifioo1ion; and have not within u three-year period preceding this application had one ur more public transactions(federal,state,or local)terminated for cause or default; and where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation tu this application. 57. /\g ecmto comply with the Drug-Free Workplace Act of 1988, and certifies that it will or will continue to provide u drug-free workplace by: u' 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 bu taken against employees for violation of such prohibition. b. Establishing aoongoing awareness program tn inform employees about: i. The dangers of drug abuse inthe workplace; ii The grantee's policy nf maintaining u eworkolaue; iii. Any available drug counseling,rehabilitation,and employee assistance programs;and iv. The penalties that may be imposed upon employees for drug abuse violations occurring io the workplace. C. Making i1u requirement that each employee engaged in the performance ofthe grant be given copy uf the statement required 6v 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: L Abide by and ~ ii. Notify the employer to writing uf his ov her conviction for a violation ofu criminal drug statute occurring io the workplace un later than five calendar days after such conviction. Page 9 Initials / ` e. Notifying Cal EMA, in writing,within l0 calendar days after receiving notice under m (d)(iUfrom an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice,including position title,to: Department of Justice,0ffioeuf Justice Programs A1TN: Control Desk 633 Indiana Avenue, N.W. Washington, DC 20531 Notice shall include the iden1ifioadonnuodbec(s)oƒeach affected grant. [ Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph(d)(ii\with respect to any employee who ismoconvicted. L Taking appropriate personnel action against such an employee,up to and including termination,consistent with the requirements of the Rehabilitation Act ofl97]'us amended;or ii. Requiring such employee to participate satisfactorily iuo drug abuse assistance mc rehabilitation program approved for such purposes bva federal,state,or local health, law enforcement, nr other appropriate agency. g. Making m good faith effort tocontinue to maintain udrug-free workplace through implementation of paragraph 57 subsections dA`(b),(c),(d) (m) and (f). 58. Will comply with all applicable requirements of all other federal and state laws, EOs,regulations, program and administrative requirements,oolicies and any other requirements governing this program. 59. Understands the reporting of subawards and executive compensation rules,including fimttier oubuwards 0u Cal BM/4. a. Applicability: unless you are cxono[t as provided iu subsection(c)of this paragraph,oubnouipient must report each action that obligates$25,000 or more in Federal funds that does not include Recovery funds(as defioedinsection l5l2(o)(2)of the American Recovery and Reinvestment Act of2009. b. Where and when to report:you must report each obligating action described in the following paragraphs to Cal EMA. For aubawand information,report on later than the end of the month following the month in which the obligation was made. (For example,if the obligation was made on November 7,2011,the obligation must be reported by no later than December 31,2011.) C. What toreport:You must report the information about each obligating action that the submission instructions posted iu Information Bulletin 350,tw Cal E&&A. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each ofyour five most highly compensated executives for the preceding completed fiooulyear, if- i. The total federal funding authorized to date under this award is$25,000 or more; d. lu the preceding fiyua}year,you received D0 percent oc more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal finaucial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and$25,D00,00Doc more io annual gross revenues from federal procurement contracts (and subcontracts)and federal financial assistance subject to the Transparency Act,as dofioodmt2CFRl7O.32U(and yobowun1s);and ii[. The public does not have access to information about the compensation of the executives through periodic reports fi|edunder section l3/m\wrl5(d)ofthe Securities Exchange Act of1934(l5D.S.C. 78m(o),78u(d))or section 6\04of the Internal Revenue Code mf\V86. (To determine if the public has uccuoo to the compensation information,see the D& Page 10 Initials / Security and Exchange Commission tota filings at iv, 8ubrecipient Executives. Unless you are exempt as provided above,for each first-tier sobrcoi ioot under this award,you shall report the oaozma and total compensation of each of the anbnecipioottfive most highly compensated executives for the anbreoipieni's preceding completed fiscal year, ifiu the oobreoipien1'apreceding fiomdyear,the subrcci 'ontcwuaived80porcen1mrnomreofitsaom/u|gr000rovnoueufrumƒederal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act,ux defined o12CFlll7U.32D(and oubox;arda);and$2S,O0O,D0Uor more in annual gross revenues from federal procurement contracts(and subcontracts),and federal financial assistance subject to the Transparency Act(and subawards);and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(u)or l5(c)ofthe Securities Exchange Act wfl934(l5D.S.C.78m(a),78u(d))or section 6|04of the Internal Revenue Code nf|9Q6. (To determine if the public has access to the compensation ioD000u1inu, see the U.S. Security and Exchange Commission total compensation filings u1 littp://www.sec.i4ov/aiiswers/execom p. .)Ynu must report oubrccipiootexecutive total compensation to Cal 2%NAbrthe end of the month following the month during which you make the uubapand. For example, ifumubuwuzdiu obligated oo any date during the month of October ofa given year(ie., between October | and 3l),you must report any required compensation information nt the mubrec(picnthy November 30ofdhatyca,. 60. Exemptions to Paragraph 5Ainclude: If,in the previous tax year,you had gross income, from all sources, under$300,000,you are exempt from the requirements to report on subawards,and the total compensation of the five most highly compensated executives of any subrecipient. a. 0nfirdbmuaassociated whbp 59 include: i "Executive"means officers,managing partners, or any other employees in management positions. ii. "Total compensation"means the cash and uoocxob dollar value earned bvthe executive during the recipient's uruobrmcipiemt'mpreceding fiscal year and includes the Dol]owing (for more information see 17CFR239.402(c)(2A: ° Salary and bonus. ° Awards of stock,stock options,and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. l23(Revised 2004)(F&Ql2]R), Shared Based Payments. ° Earnings for services under non-equity incentive plans. This does not include group life,health, hospitalization nrmedical reimbursement plans that d*not discriminate in favor ofexecutives,and are available generally to all salaried employees. * Change in pension value. This iu the change iu present value ofdefiued bouefi1and actuarial pension plans. " /\bwve'ooarket earnings mo deferred compensation which io not tux-quu|ified. - Other compensation, if the aggregate value of all such other compensation (e.g.,severance,termination payments,value oy life insurance paid oubehalf of the employee,perquisites or property)for the executive exceeds $1O,OV0. 61. Understands that failure to comply with any of the above assurances may result in suspension, termination,ur reduction of grant funds. Page I I Initials 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:— U Printed Name of Authorized Agent:_ ul Title: Date: 1, Page 12 , , � ' RESOLUTION NUMBER_6467 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGREEMENT FOR TRANSFER()R PURCHASE OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR F1y2011HOMELAND SECURITY GRANT PROGRAM BETWEEN THE COUNTY QF ORANGE AND THE CITY OF SEAL BEACH WHEREAS,the County of Orange, a political subdivision of the State of California has applied for, received and accepted a grant from the State of California,acting . mrvwyn its Ox/cu of nvxe/qnu Security, to enhance countywide emergency preparedness. WHEREAS,the terms of the grant require that the County nf Orange use certain grant funds to purchase equipment,technology,or services that will be transferred bu the City of Seal Beach tobe used for grant purposes. WHEREAS, the City of Seal Beach and the County of Orange are desirous of executing this Agreement as authorized by the City Council and the City Manager. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE A8FOLLOWS: SECTION 1. The City Manager ie hereby authorized to execute for and on behalf of the City of Seal Beach, a public entity established under the laws of the State of California,any actions necessary to obtain federal financial assistance provided by the Federal Department of Homeland Security and sub-granted through the State of California. SECTION 2. The City Clerk shall certify aeto the adoption of this Resolution. PASSED,APPROVED AND ADOPTED by the Seal Beach City Council,ataregular meeting held on the�9th day of June ,2014 by the following vote: AYES: Council Members.f�'a� AN.-,y NOES: Council Members KI&V ABSENT: Council Members ABSTAIN: Council Members id Z Mayor ATTEST: C-3 . C�/Clem STATE OF CALIFORNIA } COUNTY OFORANGE } SS CITY OF SEAL BEACH } |, Linda Devine, City Clerk of the City of Sea( 8eeoh, do hereby certify that the foregoing resolution is the original copy of Resolution Number_646Z'_on file inthe office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the_gNfL__day of__June L__ .2814. ' .4 1 AGREEMENT TO TRANSFER PROPERTY OR FUNDS 2 FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES 3 4 THIS AGREEMENT is entered into this 11th day of July 2011, which date is enumerated for 5 purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the 6 State of California, hereinafter referred to as "COUNTY", and the City of Seal Beach , a (municipal 7 corporation/special district/not-for-profit corporation),hereinafter referred to as "SUBGRANTEE." 8 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the 9 lead agency for the Orange County Operational Area, has applied for, received and accepted a grant 10 from the State of California, acting through its California Emergency Management Agency, to enhance 11 county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant 12 documents that are attached hereto as Attachments A (FY 10 CA Supplement to Federal Program 13 Guidelines), B (2010 Homeland Security Grant Programs) and C (FY 10 Grant Assurances) and 14 incorporated herein by reference. 15 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase 16 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant 17 purposes. 18 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 19 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology, or services as 20 specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires 21 COUNTY to transfer to SUBGRANTEE equipment, technology, or services that COUNTY has not yet 22 acquired, COUNTY shall transfer said equipment, technology, or services to SUBGRANTEE as soon 23 after acquisition by COUNTY as is reasonably practicable. 24 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said 25 grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or 26 to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE 27 to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 28 authorized agent. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 1 of 4 1 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or 2 services acquired with grant funds only for those purposes permitted under the terms of the grant, and 3 shall make it available for mutual aid response. 4 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired 5 with grant funds from damage or destruction and shall provide regular maintenance and repairs for said 6 equipment as are necessary, in order to keep said equipment in continually good working order. Such 7 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for 8 material and labor costs for any maintenance and repair of the said equipment throughout the life of the 9 said equipment. 10 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies, 11 and/or services to include but not limited to upgrades, licenses, and renewals of said equipment, 12 technologies, and/or services. 13 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 14 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant-funded 15 equipment only in accordance with the instructions of COUNTY. 16 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their 17 elected and appointed officials, officers, agents and employees from any and all claims and losses 18 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or 19 corporation furnishing or supplying work services, materials or supplies in connection with 20 SUBGRANTEE's use of grant-funded equipment, technology or services and SUBGRANTEE's 21 performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims 22 and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by 23 SUBGRANTEE in SUBGRANTEE's use of grant-funded equipment, technology or services and 24 SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto. 25 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound 26 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY 27 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of 28 Attachments A, B, and C hereto. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 2 of 4 1 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State 2 Auditor General with respect to this Agreement for a period of three years after final payment 3 hereunder. 4 10. No alteration or variation of the terms of this Agreement shall be valid unless made in 5 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 6 agreement not incorporated herein shall be binding on any of the parties hereto. 7 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express 8 written consent of COUNTY. 9 12. For a period of three years after final payment hereunder or until all claims related to this 10 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all 11 documents, papers and records relevant to the work performed or property or equipment acquired in 12 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, 13 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency 14 from which COUNTY received grant funds or their duly authorized representative(s), for examination, 15 copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during 16 usual working hours. 17 13. SUBGRANTEE shall provide to COUNTY all records and information requested by 18 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 19 required to provide to the agency from which COUNTY received grant funds or other persons or 20 agencies. 21 14. COUNTY may terminate this Agreement and be relieved of the payment of any 22 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained 23 in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein 24 provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may 25 proceed with the work in any manner deemed proper by COUNTY. 26 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the 27 performance of this Agreement, including Attachments A, B, and C hereto, and shall not be considered 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 3 of 4 1 officers, agents, or employees of COUNTY or of the agency from which COUNTY received grant 2 funds. 3 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, 4 State of California. 5 6 DATED: July 11, 2011 COUNTY OF ORANGE, a political subdivision of the State of alifornia 7 / 8 By a.,. 9 Sheriff-Co .ner "COUN ' " 10 APPROVED AS TO FORM: 11 COUNTY COUNSEL 12 13 By �-7 (f : �-- 14 Nicole A. Sims, Deputy 15 DATED: , 2011 16 17 SUBGRANTEE 18 19 By: , • 20 T R. gram, Cit '1 anager 21 By: 22 ATTEST: 23 . 24 B �I?l City Clerk 25 DATED: July 11, 2011 26 27 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 4 of 4 California Emergency Management Agency FY2010 Grant Assurances (All HSGP Applicants) Name of Applicant: CITY OF SEAL BEACH Address: 211 9+'I STIR r er City: _SEAL BEACH State: CA Zip Code: t0140 Telephone Number:(502)1' 4 M too x . Fax Number: 1121 E-Mail Address: CONTACT CAPT• YIM OI.SON toISOn(9$eAlbeachcm1 .50v 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 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 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(EO12898) 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 U.S. 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 US. 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 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 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 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 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 terms of the statement; and ii. 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: ?I'LL. \-9161 Printed Name of Authorized Agent: Jill R. Ingram Title: City Manager Date: July 11 , 2011 Page 8 RESOLUTION NUMBER 6161 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY 2010 HOMELAND SECURITY GRANT PROGRAM BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SEAL BEACH WHEREAS,the County of Orange,a political subdivision of the State of California has applied for, received and accepted a grant from the State of California,acting through its Office of Homeland Security, to enhance countywide emergency preparedness. WHEREAS,the terms of the grant require that the County of Orange use certain grant funds to purchase equipment,technology,or services that will be transferred to the City of Seal Beach to be used for grant purposes. WHEREAS, the City of Seal Beach and the County of Orange are desirous of executing this Agreement as authorized by the City Council and the City Manager. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute for and on behalf of the City of Seal Beach, a public entity established under the laws of the State of California,any actions necessary to obtain federal financial assistance provided by the Federal Department of Homeland Security and sub-granted through the State of California. • SECTION 2. The City Clerk shall certify as to the adoption of this Resolution. PASSED,APPROVED AND ADOPTED by the Seal Beach City Council,at a regular meeting held on the 11th day of July ,2011 by the following vote: • AYES: Council Members j.7u/ ly F I I y� �� t'X.Gtiv, l/� NOES: Council Members ABSENT: Council Members ( Pru ABSTAIN: Council Members -DE SEA! ti. io� 1)7 ' Mayor ATTEST: la);o - ;-2%moo City Clerk �'' 41UNTY .......... STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6161 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of July ,2011. 47)114V- City 4