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HomeMy WebLinkAboutAGMT - Orange County (Emergency Management Support - Homeland Security Grant Program FY22) (pending return from the County)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2022 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this __ day of , which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and a (municipal corporation/special district/not-for-profit corporation), hereinafter referred to as "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff -Coroner Department in its capacity as the lead agency for the Orange County Operational Area. has applied for, received and accepted a grant from the State of California, acting through its California Office of Emergency Services, to enhance county -wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that are attached hereto as Attachments A (FY 22 CA Supplement to the Federal Notice of Funding Opportunity), B (FY 22 Homeland Security Grant Program Notice of Funding Opportunity), and C (FY 22 Homeland Security Grant Assurances) and incorporated herein by reference. WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant ' purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology, or services as specified in Attachment D hereto, which is incorporated herein by reference. If the grant requires COUNTY to transfer to SUBGRANTEE equipment, technology, or services that COUNTY has not yet acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon after acquisition by COUNTY as is reasonably practicable. 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant Ifunds only to acquire equipment, technology, or services as set forth in Attachment B hereto and/or to I perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the authorized agent. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or services acquired with grant funds only for those purposes permitted under the terms of the grant and shall make it available for mutual aid response. 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and repairs for said } equipment as are necessary, in order to keep said equipment in continually good working order. Such maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for Imaterial and labor costs for any maintenance and repair of the said equipment throughout the life of the I said equipment. 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies and/or 1 services to include but not limited to upgrades, licenses, and renewals of said equipment, technologies I and/or services. 6. if equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded equipment only in accordance with the instructions of COUNTY. 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's use of grant -funded equipment, technology or services and SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in SUBGRANTEE's use of grant -funded equipment, technology or services and SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of Attachments A, B and C hereto. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment hereunder. 10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 12. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received grant funds or Their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours. 13. SUBGRANTEE shall provide to COUNTY all records and information requested by ICOUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be Irequired to provide to the agency from which COUNTY received grant funds or other persons or agencies. I 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including Attachments A, B and C hereto, at the time and in the manner herein provided, I or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered officers, agents, or employees of COUNTY or of the agency from which COUNTY received grant funds. f CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,, State of California. Dated: APPROVED AS TO FORM: COUNTY COUNSEL 1.2 Dated: ATTES . By: City rj Dated: 1 o2a APPR V1✓D AS TQ FC)RM: Nicholas Ghirelli City Attorney City of Seal Beach CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security COUNTY OF ORANGE, a political subdivision of the State of California Sheriff -Coroner By: Dated: /A q10-4 Page 4 of 4 I CaIOES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Fiscal Year 2022 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity September 2022 Table of Contents 1 2022 SECTION1—OVERVIEW....................................................................................1 Federal Program Announcement Information Bulletins Grant Management Memoranda Purpose of the California Supplement Eligible Subrecipients Tribal Allocations Subrecipient Allocations Supplanting Public/Private Organizations Debarred/Suspended Parties Key Changes to the FY 2022 HSGP SECTION 2—FEDERAL CHANGES AND INITIATIVES.......................................................4 FY 2022 National Priorities National Campaigns and Programs National Cybersecurity Review NIMS Implementation Law Enforcement Terrorism Prevention Activities Management and Administration Indirect Costs Organization Costs - Overtime Personnel Cap Equipment Typing/Identification and Use Equipment Maintenance/Sustainment Emergency Communications Projects Telecommunications Equipment and Services Prohibitions Small Unmanned Aircraft Systems Emergency Operations Plans Conflict of Interest Build America Buy America Act (BABAA) SECTION 3—STATE CHANGES AND INITIATIVES..........................................................14 FY 2022 Investments California Homeland Security Strategy Goals State Initiative Funding "On Behalf Of" Public Alert and Warning SECTION 4—REQUIRED STATE APPLICATION COMPONENTS......................................16 Financial Management Forms Workbook Subrecipient Grants Management Assessment Application Attachments Standard Assurances Operational Areas and Urban Areas Operational Areas Only Urban Areas Only Fusion Centers Only State Agencies and Tribes Only SECTION 5—THE STATE APPLICATION PROCESS..............................................................21 Application Submission Late or Incomplete Application HSGP Contact Information Subaward Approval SECTION 6—POST AWARD REQUIREMENTS....................................................................23 Payment Request Process Advances and Interest Earned on Advances Semi -Annual Drawdown Requirements Modifications Training Exercises, Improvement Plans, and After -Action Reporting Procurement Standards and Written Procedures Procurement Thresholds Procurement Documentation Noncompetitive Procurement Performance Bond Environmental Planning and Historic Preservation Construction and Renovation Inventory Control and Property Management Equipment Disposition Performance Reporting Extension Requests Progress Reports on Grant Extensions Monitoring Failure to Submit Required Reports Suspension/Termination Closeout Records Retention ATTACHMENTS A - FY 2022 HSGP Final Allocations B - FY 2022 HSGP Timeline C - FY 2022 HSGP Application Checklist Section 1- Overview 1 2022 Federal Program In May 2022, the U.S. Department of Homeland Security Announcement (DHS)/Federal Emergency Management Agency (FEMA) issued the Fiscal Year (FY) 2022 Homeland Security Grant Program (HSGP), Notice of Funding Opportunity (NOFO) and the FEMA Pre crredness Grants Manual. Subrecipients must follow the programmatic requirements in the NOFO, FEMA Preparedness Grants Manual, and the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 Code of Federal Re ulalions C.F.R. Part 200. Information DHS issues Information Bulletins (IBs) to provide updates, Bulletins clarification, and new requirements throughout the life of the grant. Grant Cal OES issues Grant Management Memoranda (GMMs) which Management provide additional information and requirements regarding HSGP Memoranda funds. Purpose of the The FY 2022 HSGP California Supplement to the NOFO (State California Supplement) is intended to complement, rather than replace, the Supplement NOFO and the FEMA Preparedness Grants Manual. Applicants are highly encouraged to thoroughly read the NOFO and the Preparedness Grants Manual before referring to the State Supplement. The State Supplement will emphasize differences between the FY 2021 and FY 2022 HSGP and highlight additional California policies and requirements applicable to FY 2022 HSGP. Eligible Eligible Applicants, referred to as Subrecipients, include Subrecipients Counties/Operational Areas (OAs), Urban Areas (UAs), State Agencies (SAs), Departments, Commissions, and Boards who have or can obtain appropriate state Department of Finance budget authority for awarded funds, and federally recognized tribes located in California. Tribal Allocations The NOFO strongly encourages Cal OES to provide HSGP funds directly to tribes in California. To implement this requirement, a special Request for Proposal will be issued to California's federally recognized tribes. All Subrecipients are encouraged to coordinate with tribal governments to ensure that tribal needs are considered in their grant applications. Section 1- Overview 1 2022 Subrecipient FY 2022 HSGP Subrecipient final allocations are provided in Allocations Attachment A and reflect reductions to Subrecipients who did not submit minimum thresholds for National Priority Areas, including Subrecipients opting out of the award altogether, and increases to Subrecipients that are helping meet statewide minimum level National Priority Area requirements. Supplanting Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose. Subrecipients may be required to provide supporting documentation that certifies a reduction in non- federal resources that occurred for reasons other than the receipt or expected receipt of federal funds. Supplanting will result in the disallowance of the activity associated with this improper use of federal grant funds. Public/Private Subrecipients may contract with other public or private Organizations organizations to perform eligible activities on approved HSGP projects. Debarred/ Subrecipients must not make or permit any award (subaward or Suspended contract) at any tier, to any party, that is debarred, suspended, or Parties otherwise excluded from, or ineligible for, participation in federal assistance programs. Subrecipients must obtain documentation of eligibility before making any subaward or contract using HSGP funds and must be prepared to present supporting documentation to monitors/auditors. Before entering into a Grant Subaward, the Subrecipient must notify Cal OES if it knows if any of the principals under the subaward fall under one or more of the four criteria listed at 2 C.F.R. $ 180.335. The rule also applies to Subrecipients who pass through funding to other local entities. If at any time after accepting a subaward, Subrecipients learn that any of its principals fall under one or more of the criteria listed at 2 C.F.R. § 180.335, immediate written notice must be provided to Cal OES and all grant activities halted until further instructions are received from Cal OES. The rule also applies to subawards passed through by Subrecipients to local entities. 2 Section 1— Overview 1 2022 Key Changes to National Priority Areas: There are six National Priority Areas (NPAs) the FY 2022 for FY 2022 compared to five in FY2021: one NPA was removed HSGP and two were added. SHSP and UASI applicants must include one Investment Justification (IJ) for each NPA that has a minimum spend requirement, where applicable. For the NPAs with no minimum spend requirement, the Department of Homeland Security strongly encourages recipients to make investments in those areas as they are of critical national concern. For those NPAs that have an associated minimum spend, all projects related to meeting the minimum spend for those NPAs must be included in the same IJ. The six NPAs, along with the relevant minimum spend requirement, are: Enhancing information and intelligence sharing and cooperation with federal agencies, including the Department of Homeland Security - 3% minimum; Enhancing the protection of soft targets/crowded places - 3% minimum; • Enhancing cybersecurity - no minimum requirement; • NEW: Enhancing community preparedness and resilience - 3% minimum; • Combating domestic violent extremism - 3% minimum; NEW: Enhancing election security- no minimum requirement. Unique Entity Identifier: Effective April 4, 2022, the Federal Government transitioned from using the Data Universal Numbering System or DUNS number, to a new, non-proprietary identifier known as a Unique Entity Identifier or UEI. Law Enforcement Terrorism Prevention Activities: Increased from 25% to 30% of the subaward. Investment Justifications: Investments are updated for FY 2022. Build America, Buy America Act (BABAA): The BABAA requires all federal agencies, including FEMA, to ensure by May 14, 2022, that no federal financial assistance for "infrastructure" projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." For FY22 Awards, the BABAA requirement is waived. 3 Section 2- Federal Changes and Initiatives 1 2022 FY 2022 National DHS/FEMA annually publishes the National Preparedness Report Priorities (NPR) to report national progress in building, sustaining, and delivering the core capabilities outlined in the goal of a secure and resilient nation. This analysis 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 concern. HSGP Subrecipients are required to prioritize grant funding to demonstrate how investments support closing capability gaps or sustaining capabilities identified in the Threat Hazard Identification and Risk Assessment (THIRA)/Stakeholder Preparedness Review (SPR) process. DHS/FEMA continually assess changes to the threat landscape to further the National Preparedness Goal (NPG) of a secure and resilient nation. The following are national priority areas for FY 2022, including the corresponding percentage of funds required in each area: • Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS - 3%; • Enhancing the protection of soft targets/crowded places - 3%; • Enhancing cybersecurity - no minimum; • Enhancing community preparedness and resilience - 3% • Combating domestic violent extremism through enhanced intelligence collection & analysis, training, and community resilience - 3%; and • Enhancing election security - no minimum. The NPA specifically addressing emerging threats has been removed, but activities in this category remain allowable expenses under other investment areas. Further, applicants must spend a minimum of 30% of their SHSP and UASI awards across the six NPAs but have new flexibility on how that funding is allocated. Although 12% is required in minimum spending across four NPAs, as noted above, the remaining 18% can be allocated across any of the six NPAs. Election security and Enhancing Cybersecurity do not require a minimum allocation. National Priority projects will be reviewed for effectiveness by DHS/FEMA and must be deemed effective prior to the obligation or expenditure of funds. 4 Section 2- Federal Changes and Initiatives 1 2022 FY 2022 National Projects requiring additional information for DHS/FEMA to Priorities (cont.) determine effectiveness of the project, or projects deemed ineffective, will have a hold placed on their subaward pending submission of requested information and DHS/FEMA approval. Once a project is approved by DHS/FEMA, modifications to the project have special restrictions regarding modifications as indicated below: Modifications which do not change the project scope and do not decrease the overall project budget can be processed via regular modification request. Modifications which change the project scope or decrease the overall project budget will require DHS/FEMA approval and must be requested on the National Priority Project Modification Form. Effectiveness will be evaluated by DHS/FEMA, Cybersecurity and Infrastructure Security Agency, DHS Office of Intelligence and Analysis, DHS Center for Prevention Programs and Partnerships, and/or other DHS components, as appropriate. FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness, based on the following four factors: Investment Strategy (40%): Projects will be evaluated based on the quality and extent to which the strategy effectively demonstrates supporting the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the state, or the nation. Budget (20%): Projects will be evaluated based on the extent to which a budget plan for each investment demonstrates how grant expenditures maximize cost effectiveness. -- 5 Section 2— Federal Changes and Initiatives 1 2022 FY 2022 National a Impact/Outcomes (40%): Projects will be evaluated on how Priorities (cont.) this investment helps the jurisdiction close capability gaps identified in its Stakeholder Preparedness Review and addresses national priorities outlined in the FY 2022 NOFO. Further, proposals will be evaluated on their identification and estimated improvement of core capability(ies), the associated standardized target(s) that align with their proposed investment, and the ways in which improvements are measured and/or evaluated. Past Performance (additional consideration): Projects will be evaluated based on the Subrecipient's demonstrated capability to execute the proposed investments. Under this factor, FEMA will consider the information provided by the Subrecipient and may also consider relevant information from other sources. A detailed description of allowable investments for each national priority is included in the FY 2022 HSGP NOFO Section A). National Whole Community Preparedness - Subrecipients should engage Campaigns and with the whole community to advance individual and community Programs preparedness and to work as a nation to build and sustain resilience. In doing so, Subrecipients are encouraged to consider the needs of individuals with access and functional needs and limited English proficiency in the activities and projects funded by the grant. Subrecipients should utilize established best practices for whole community inclusion and engage with stakeholders to advance individual and jurisdictional preparedness and resilience. Subrecipients are encouraged to consider the necessities of all Californians in the activities and projects funded by the grant, including children, seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved populations. A Section 2— Federal Changes and Initiatives 1 2022 National Active Shooter Preparedness - DHS developed a comprehensive Campaigns and Active Shooter Pregaredness website, which strives to enhance Programs (cont.) national preparedness through a whole -community approach by providing the necessary products, tools, and resources to help all stakeholders prepare for and respond to an active shooter incident. Subrecipients are encouraged to review the referenced active shooter resources and evaluate their preparedness needs. Soft Targets and Crowded Places - States, territories, UAs, and public and private sector partners are encouraged to identify security gaps and build capabilities that address security needs and challenges related to protecting locations or environments that are easily accessible to large numbers of people on a predictable or semi -predictable basis that have limited security or protective measures in pluc;e, including town centers, shopping malls, open-air venues, outside hard targets/venue perimeters, and other places of meeting and gathering . For more information, please see DHS's Hometown Security Program. Community Lifelines - FEMA created Community Lifelines to reframe incident information and impacts using plain language and unity of effort to enable the integration of preparedness efforts, existing plans, and identifies unmet needs to better anticipate response requirements. Additional information may be found at the Community Lifelines Implementation Toolkit website. Strategic Framework for Countering Terrorism and Targeted Violence - DHS adopted the DHS Strategic Framework for Countering Terrorism and Targeted Violence which explains how the department will use the tools and expertise that have protected and strengthened the country from foreign terrorist organizations to address the evolving challenges of today. Countering Violent Extremism (CVE) Training - Foreign terrorist groups and individual terrorist thought leaders recruit or inspire Westerners to carry out attacks against western and U.S. targets, including individuals living in communities with the U.S. via, but not limited to, print, video, and social media, as well as through personal interaction. But we also know that violent extremism is not a phenomenon restricted solely to one community and that any effort to counter violent extremism must be applicable to all ideologically motivated violence. Efforts to provide information and training regarding CVE should emphasize the strength of local communities' approach. _ 7 Section 2— Federal Changes and Initiatives 1 2022 National The National C bersecurit Review NCSR is a required Cybersecurity assessment for all Subrecipients of State Homeland Security Review Program (SHSP) and Urban Areas Security Initiative (UASI) funding to be completed between October and December 2022. The NCSR is a no -cost, anonymous, and annual self-assessment designed to measure gaps and capabilities of state, local, tribal, territorial, nonprofit, and private sector agencies' cybersecurity programs. Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In these cases, Subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by Cal OES. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. Additional information may be found in IB 439 and 429a. NIMS Prior to the allocation of any federal preparedness awards, Implementation Subrecipients must ensure and maintain the adoption and implementation of the National Incident Management System (NIMS). Law A minimum of 30% of the total subaward amount must be Enforcement dedicated to Law Enforcement Terrorism Prevention Activities Terrorism (LETPA). Activities outlined in the National Prevention Framework Prevention and National Protection Framework are eligible for use of LETPA- Activities focused funds. Additionally, investments that support LETPA can also support an NPA. All other terrorism prevention activities proposed for funding under LETPA must be formally pre -approved by FEMA. Refer to IB 473 for additional information. Management The Management and Administration (M&A) allowance for and Subrecipients is set at a maximum of 5% for FY 2022 HSGP. Administration Indirect Costs Indirect costs are allowable under the FY 2022 HSGP Grant Award. Subrecipients who claim indirect costs may do so, provided they use one of the following two methods: �-Ij Section 2— Federal Changes and Initiatives 1 2022 Indirect Costs 1. Subrecipients with an indirect cost rate approved by their (cont.) cognizant federal agency may claim indirect costs based on the established rate. Indirect costs claimed must be calculated using the base approved in the indirect cost negotiation agreement. A copy of the approved negotiation agreement is required at the time of application. 2. Subrecipients who have never received a negotiated indirect cost rate and receive less than $35 million in direct federal funding per year may claim the 10% de minimis indirect cost rate based on Modified Total Direct Costs (MTDC) as defined in 2 C.F.R. § 200.1 and Subpart E. Indirect costs are in addition to the M&A allowance and must be included in the Grant Award application as a "Project" and reflected in the Financial Management Forms Workbook (FMFW) on the Indirect cost category ledger if being claimed under the award. Indirect costs must be based on the claimed direct project costs, excluding equipment expenditures and other distorting items. Up to $25,000 of each subaward may be included as a direct project cost when calculating indirect costs based on MTDC. Indirect costs must be claimed no more than once annually, and only at the end of the Subrecipient's fiscal year. An exception to this rule applies if there is a mid -year change to the approved indirect cost rate; in this case, costs incurred to date must be claimed. At that time, a Grant Subaward Modification reflecting the rate change must also be submitted to Cal OES, along with a copy of the new indirect cost rate agreement. Organization Operational overtime costs are allowable for increased security Costs - Overtime measures at critical infrastructure sites if associated with detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events. Pursuant to page A-4 of the Preparedness Grants Manual, all operational overtime requests must clearly explain how the request meets the criteria of one or more of the categories listed in Table 2: Authorized Operational Overtime Categories. Requests must address the threat environment as it relates to the event or activity requiring operational overtime support and explains how the overtime activity is responsive to the threat. Section 2— Federal Changes and Initiatives 1 2022 Organization Post -event operational overtime requests will only be considered Costs - Overtime on a case-by-case basis, where it is demonstrated exigent (cont.) circumstances prevented submission of a request in advance of the event or activity. Requests for overtime costs must be submitted to Cal OES via the Allowability Request Form at the time of application, if the activity will occur within one year of the final application submission. All subsequent requests must be submitted at least 60 days in advance of the activity. All operational overtime costs must be formally pre -approved in writing by DHS/FEMA. Personnel Cap Pursuant to 6 U.S.C. § 609(b), SHSP and UASI funds may be used for personnel costs, totaling up to 50 percent of each Lund source. A Subrecipient may request this requirement be waived by DHS/FEMA, via Cal OES. Requests for personnel cap waivers must be submitted separately for each fund source in writing to the Program Representative on official letterhead, with the following information: Documentation explaining why the cap should be waived; Conditions under which the request is being submitted; and A budget and method of calculation of personnel costs both in percentages of the Grant Award and in total dollar amount (waivers must be calculated separately for SHSP and UASI, outlining salary, fringe benefits, and any M&A costs). Subrecipient requests to exceed the personnel cap must be received by Cal OES at the time of application. Subaward modifications impacting the personnel cap will be reviewed on a case-by-case basis and may require the submittal of the above- mentioned information. Please see IB 421 b for more information on the waiver process. Equipment Allowable HSGP equipment is listed on the FEMA Authorized Typing/ Equipment List (AEL) website. Identification and Use Subrecipients that allocate HSGP funds towards equipment are required to type and identify the capability associated with that equipment. The FEMA Resource Typing Libra Tool RTLT can be used to help determine the type and capability. 10 Section 2— Federal Changes and Initiatives 1 2022 Equipment Per FEMA policy, the purchase of weapons and weapon Typing/ accessories are not allowed with HSGP funds. Special rules apply Identification and to pharmaceutical purchases, medical countermeasures, and Use (cont.) critical emergency supplies; refer to page A-10 of the Preparedness Grants Manual for additional information. Expenditures for general purpose equipment are allowable if they align to and support one or more core capabilities identified in the NPG, and in addition, are deployable/sharable through the Emergency Managerr7ent Assistance Compact and allowable under 6 U.S.C. § 609. Refer to the NOFO and Preparedness Grants Manual for examples of allowable general-purpose equipment. Equipment Use of HSGP funds for maintenance contracts, warranties, repair Maintenance/ or replacement costs, upgrades, and user fees are allowable as Sustainment described in FEMA 16s 336 and 379, as well as Grant Programs Directorate (GPD) Policy FP -205-402-125-1. Emergency All Subrecipient emergency communications projects must Communications comply with the SAFECOM Guidance on Emergency Projects Communications Grants and describe in their FMFW how such activities align with the goals of the Statewide Communications Interoperability Plan. Telecom Effective August 13, 2020, section 889(f)(2)-(3) of the John S. Equipment and McCain National Defense Authorization Act for FY 2019 NDAA Services and 2 C.F.R. § 200.216 prohibit DHS/FEMA Recipients and Prohibitions Subrecipients (including their contractors and subcontractors) from using any FEMA funds under open or new awards for the following telecommunications equipment or services: 1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities), 3) Telecommunications or video surveillance services provided by such entities or using such equipment; or 11 Section 2- Federal Changes and Initiatives Telecom 4) Telecommunications or video surveillance equipment or Equipment and services produced or provided by an entity that the Secretary Services of Defense, in consultation with the Director of National Prohibitions Intelligence or the Director of the Federal Bureau of (cont.) Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. Please see FEMA Policy 4405-143-1 for additional information. Small All requests to purchase Small Unmanned Aircraft Systems (SUAS) Unmanned with FEMA grant funding must comply with IB 426 and include Aircraft Systems copies of the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. The Authorized Equipment Listing for 030E-07-SUAS details questions that must be included in the Aviation Request justification. Please reference Presidential Memorandum: Promotina Economic Competitiveness While Safe uordin Privacy,Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems and contact your Program Representative for additional information. Emergency Subrecipients must update their Emergency Operations Plan at Operations Plans least once every two years to remain compliant with the Comprehensive Preparedness Guide 101 version 2.0. Conflict of To eliminate and reduce the impact of conflicts of interest in the Interest subaward process, Subrecipients and pass-through entities must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Subrecipients and pass-through entities are also required to follow any applicable federal, state, local, and tribal statutes or regulations governing conflicts of interest in the making of subawards. Subrecipients must disclose to their Program Representative, in writing, any real or potential conflict of interest as defined by the federal, state, local, or tribal statutes or regulations, which may arise during the administration of the HSGP subaward within five days of learning of the conflict of interest. 11 Section 2— Federal Changes and Initiatives 1 2022 BABAA The BABA Act requires all federal agencies, including FEMA, to ensure by May 14, 2022, that no federal financial assistance for "infrastructure" projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." For FY 2022 this requirement has been waived. Additional information for the BABA Act is available here. 13 Section 3- State Changes and Initiatives 1 2022 FY 2022 The State prioritized the following investment strategies for the Investments FY 2022 subawards: 1. Enhance Information and Intelligence Sharing and Cooperation with Federal Agencies, including DHS (National Priority); 2. Enhance the Protection of Soft Targets/Crowded Places (National Priority); 3. Enhance Cybersecurity (National Priority); 4. Enhancing Community Preparedness and Resilience (National Priority); 5. Combating Domestic Violent Extremism (National Priority); 6. Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology, and Equipment; 7. Enhance Medical and Public Health Preparedness; 8. Strengthen Information Sharing and Collaboration (non -Fusion Center); 9. Enhance Multi-Jurisdictional/Inter-Jurisdictional All- Hazards/Whole Community Incident Planning, Response & Recovery Capabilities; 10. Protect Critical Infrastructure and Key Resources (includes Food and Agriculture); and 11. Enhance Election Security (National Priority). California The State prioritized the following California Homeland Security Homeland Strategy Goals for the FY 2022 subawards: Security Strategy Goals 1. Enhance Information Collection, Analysis, and Sharing, in Support of Public Safety Operations Across California; 2. Protect Critical Infrastructure and Key Resources from All Threats and Hazards; 3. Strengthen Security and Preparedness Across Cyberspace; 4. Strengthen Communications Capabilities through Planning, Governance, Technology, and Equipment; 5. Enhance Community Preparedness; 6. Enhance Multi-Jurisdictional/Inter-Jurisdictional All -Hazards Incident Catastrophic Planning, Response, and Recovery Capabilities; 7. Improve Medical and Health Capabilities; 8. Enhance Incident Recovery Capabilities; 9. Strengthen Food and Agriculture Preparedness; and 10. Enhance Homeland Security Exercise, Evaluation, and Training Programs. 14 Section 3- State Changes and Initiatives 1 2022 State Initiative For FY 2022, Cal OES shall retain 20% of the SHSP and 18.5% of the Funding UASI funding for state initiatives. "On Behalf Of" Cal OES may, in conjunction with local approval authorities, designate funds "on behalf of local entities who choose to decline or fail to utilize their subaward in a timely manner. Public Alert and Cal OES encourages Subrecipients to consider the use of this Warning funding to assist their jurisdiction's alignment with the State of California Alert 4ai id Watnirm Guideline, developed pursuant to Senate Bill 833 of the 2018 Legislative Session. 15 Section 4— Required State Application Components Financial The FY 2022 Cal OES FMFW includes: Management Forms Workbook Grant Subaward Face Sheet - Use the Grant Subaward Face Sheet to apply for grant programs. The Grant Subaward Face Sheet must be signed and submitted in portrait format. An active UEI# (Formerly DUNS#) is required. UEI registration information is available sam.gov. Authorized Body of 5 - Provide the contact information of Authorized Agents (AA), delegated via the GBR or Signature Authorization Form, including staff related to grant activities. More than one person is recommended for designation as the AA; in the absence of an AA, an alternate AA can sign requests. Project Ledger - The project ledger is used in the application process to submit funding information and is used for submitting cash requests, grant subaward modifications, and assists with the completion of the Biannual Strategy Implementation Report (BS IR). Planning Ledger - Provides detailed information on grant -funded planning activities with a final product identified. Organization Ledger - Provides detailed information on grant - funded organizational activities. Equipment Ledger - Detailed information must be provided under the equipment description for all grant -funded equipment. AEL numbers must be included for all items of equipment. Always refer to the AEL for a list of allowable equipment and conditions, if any. Training Ledger - Provides detailed information on grant -funded training activities. All training activities must receive Cal OES approval prior to starting the event, including a Training Feedback number. The Training Request Form must be submitted and approved to obtain a Training Feedback number and should be submitted at least 30 days in advance. Exercise Ledger- Provides detailed information on grant -funded exercises. M&A Ledger - Provides information on grant -funded M&A activities. 16 Section 4— Required State Application Components I Financial Indirect Costs Ledger - Provides information on indirect costs. Management Forms Workbook Consultant -Contractor Ledger - Provides detailed information on (cont.) grant -funded consultants and contractors. Authorized Agent Page -The AA Page must be submitted with the application, all cash requests, and Grant Subaward Modifications. The AA Page must include a valid signature on file with Cal OES and the date. Subrecipient Per 2 C.F.R. § 200.332, Cal OES is required to evaluate the risk of Grants non-compliance with federal statutes, regulations, and grant Management terms and conditions posed by each Subrecipient of pass - Assessment through funding. The Subrecipient Grants Management Assessment Form contains questions related to an organization's experience in the management of federal grant awards. It is used to determine and provide an appropriate level of technical assistance, training, and grant oversight to Subrecipients during the subaward. The questionnaire must be completed and returned with the grant application. Application Federal Funding Accountability and Transparency Act (FFATA) Attachments Financial Disclosure - Use the FFATA Financial Disclosure Form to provide the information required by the Federal Funding Accountability and Transparency Act of 2006. Certification Regarding Lobbying - Use the Certification Re ardin Lobbying Form to certify lobbying activities, as stipulated by the Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352. Intelligence Analysts Certificates - Pursuant to the Preparedness Grants Manual, Cal OES must have certificates for completion of training for fusion center analytical personnel. Please provide copies of certificates for each intelligence analyst, if applicable. UASI Footprint (UASIs Only) - The Urban Area Working Group (UAWG) establishes the 'footprint' of the UA. A map or list defining the footprint must be included with the application. UAWG Member Roster (UASIs Only) - A list of all current UAWG members with positions or titles. Section 4— Required State Application Components 1 2022 Application Indirect Cost Rate Agreement - If claiming indirect costs at a Attachments federally -approved rate, please provide a copy of the approved (cont.) indirect cost rate agreement. Standard The Standard Assurances list the requirements to which the Assurances Subrecipients will be held accountable. All Applicants will be required to submit a signed, original of the FY 2022 Standard Assurances as part of their FY 2022 HSGP application. The required Standard Assurances can be found only in PDF format on the Cal OES website. NOTE: Self-created Standard Assurances will not be accepted. Operational Governing Body Resolution - The GBR appoints AAs (identified by Areas and Urban the individual's name or by a position title) to act on behalf of the Areas governing body and the Applicant by executing any actions necessary for each application and subaward. All Applicants are required to submit a copy of an approved GBR with their grant application. Resolutions may be valid for up to three grant years given the following: The resolution identifies the applicable grant program (e.g., EMPG and/or HSGP); The resolution identifies the applicable grant years, (e.g., FY 2021, FY 2022, FY 2023); and Adheres to any necessary elements required by local protocols, rules, etc., if applicable. Resolutions that only identify a single grant program will only be valid for that single program. Resolutions that do not identify applicable grant years will only be valid for the grant year in which the resolution was submitted. Authorized Agent Information - For each person or position appointed by the governing body, identify the individual in the Authorized Body of 5 ledger of the FMFW. im Section 4- Required State Application Components 1 2022 Operational All changes in AA and contact information must be provided to Areas and Urban Cal OES in writing. If the GBR identifies the AA by name, a new Areas (cont.) Resolution is needed when changes are made. If the GBR identifies the AA by position and/or title, changes may be made by submitting a request on the entity's letterhead, signed by an existing AA. Cal OES will not accept signatures of an AA's designee, unless authorized by the Governing Body's resolution. A change to an AA's designee must be submitted on agency letterhead and signed by the AA, announcing the change to their designee. Operational Approval Authority Body - OAs must appoint an Anti -Terrorism Areas Only Approval Body (Approval Authority) to have final approval of the OA's application for HSGP 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 OA Fire Chiefs) • County Sheriff Chief of Police (selected by the OA Police Chiefs) Urban Areas Urban Area Working Groups (UAWGs) - Membership in the UAWG Only must provide either direct or indirect representation for all relevant jurisdictions and response disciplines (including law enforcement, fire service, EMS, hospitals, public health, and emergency management) that comprise the defined UA. It also must be inclusive of local Citizen Corps Council 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. Additional group composition criteria is found in the FEMA Pretparedness Grants Mnnunt THIRA - Subrecipients are required to submit a THIRA for all 32 core capabilities. Beginning in 2019, UAs are required to submit a THIRA every three years. An annual capability assessment will still be required. 19 Section 4— Required State Application Components 1 2022 Urban Areas SPR - The SPR is an annual grant requirement for all states, Only (cont.) territories, and UAs. It is an annual capability assessment, which helps jurisdictions identify capability gaps and prioritize investment requirements to reach the targets set in their THIRA. Fusion Centers All fusion center investments must align to, and reference, Only specific performance areas of the assessment that the funding is intended to support. Fusion Centers are also required to follow all Reporting and Administrative Metrics for California Fusion Centers, as set forth in the Governor's Homeland Security Advisor/Cal OES Director's letter dated March 16, 2016. These operational and administrative metrics set forth an integrated and coordinated approach for regular and proactive information and intelligence sharing between all fusion centers in the California State Threat Assessment System (STAS). State Agencies State Agencies, and federally recognized tribes may submit the and Tribes Only Signature Authorization Form in lieu of a GBR, signed by the most senior ranking official, such as the Secretary, Director, President, Chancellor, or Chairperson. 20 Section 5— State Application Process 1 2022 Application Subrecipients must submit an electronic copy of their completed Submission FMFW to their Program Representative for review. After the Laura Halverstadt application is approved, a completed copy of the FMFW, along Antoinette Johnson with all other application components must be submitted, with Jim Lane official signatures, by the application due date. During the Vidal Lopez application process, if it is determined not all allocated funds can Abigayle Tirapelle be expended by the end of the period of performance, please inform a Program Representative as soon as possible. The completed application should be received by Cal OES no later than the date provided in the FY 2022 HSGP Timeline, referenced as Attachment B. Late or Late or incomplete applications may be denied. If an application Incomplete is incomplete, the Program Representative may request Application additional information. Requests for late submission of applications must be made in writing to the Program Representative prior to the application due date. Cal OES has sole discretion to accept or reject a late or incomplete grant application. HSGP Contact All Subrecipient application materials, questions, comments, and Information correspondence should be directed to: California Governor's Office of Emergency Services ATTN: Grants Management (Building E) Homeland Security Grants Unit 3650 Schriever Avenue Mather, CA 95655 Darlene Arambula (916) 845-8427 Christopher Camacho (916) 845-8789 Laura Halverstadt (916) 845-8899 Antoinette Johnson (916) 845-8260 Jim Lane (916) 845-8428 Vidal Lopez (916) 845-8744 Abigayle Tirapelle (916) 845-8400 The Program Representative Regional Assignments Ma is available at the Cal OES website under "Regional Assignments". 21 Section 5— State Application Process 1 2022 Subaward Subrecipients will receive a formal notification of award no later Approval than 45 days after Cal OES accepts the federal grant award. The award letter must be signed, dated, and returned to Cal OES within 20 calendar days. Once the completed application, along with the signed award letter, is received and approved, reimbursement of eligible subaward expenditures may be requested using the Cal OES FMFW. 22 Section 6— Post Award Requirements I Payment To request an advance or cash reimbursement of HSGP funds, Request Process Subrecipients must first complete a payment request using the Cal OES FMFW, returning it to the appropriate Program Representative. Subrecipients who fail to follow the workbook instructions may experience delays in processing the payment request. Payments can only be made if the Subrecipient has an approved application. Advances and An Advance payment is a payment that is requested before Interest Earned Subrecipients have disbursed the funds for program purposes. on Advances Subrecipients may be paid an advance, provided they maintain a willingness and ability to maintain procedures to minimize the time elapsing between the receipt of funds and their disbursement. The timing and amount of advance payments must be as close as administratively feasible to the actual disbursements by the Subrecipient for project costs. Federal rules require advances to be deposited_ in interest- bearing accounts. Interest earned amounts up to $500 per year may be retained by Subrecipients for administrative expenses; any additional interest earned on federal advance payments must be returned annually to Cal OES. Semi -Annual All Subrecipients must report expenditures and request funds at Drawdown least semi-annually throughout the period of performance. Semi - Requirements annual drawdowns should occur by March and October of each calendar year following final approval of the subaward application, except for the final cash request, which must be submitted within 20 calendar days after the end of the period of performance. Modifications Post -award budget and scope modifications must be requested using the Cal OES HSGP FMFW v .22, signed by the Subrecipient's AA, and submitted to the Program Representative. The Subrecipient may implement grant modification activities, and incur associated expenses, only after receiving written final approval of the modification from Cal OES. 23 Section 6— Post Award Requirements Modifications Subrecipients must provide a written justification with all (cont.) modification requests. The justification may be included in the body of the e-mail transmitting the request, or in a document attached to the transmittal e-mail. Please reference GMM 2018- 17 for additional information regarding modification requests. Modifications to National Priority Projects have additional restrictions as indicated below: Modifications which do not change the project scope and do not decrease the overall project budget can be processed via regular modification request. Modifications which change the project scope or decrease the overall project budget will require DHS/FEMA approval and must be requested on the National Priority Project Modification Form. Training All grant -funded training activities must receive Cal OES approval prior to starting the training event. Cal OES shall allow Subrecipients to develop a "placeholder" for future training conferences when an agenda has not been established at the time Subrecipient applications are due. Please work with a Program Representative and the Training Branch to identify a possible "placeholder" for these types of training activities. When seeking approval of non-DHS/FEMA developed courses, course materials must be submitted with the approval requests. Conditional approvals are not offered. Subrecipients must complete a Training Request Form and submit it electronically to the Cal OES Training Branch to be approved with a Training Feedback Number before beginning any training activities. This includes project components like travel to, materials for, or attendance in training courses. Training Feedback Numbers should be obtained no later than 30 days before the first day of the training or related activities. Requests that are submitted with less than 30 days prior to the start of the training or activity are not guaranteed to be approved in time and run the risk of training being unallowable. Training Feedback numbers must be included on the FMFW Training Ledger to be considered for reimbursement. For more information on this or other training -related inquiries, contact the Cal OES Training Branch at (805) 594-2500. 24 Section 6— Post Award Requirements Exercises, Subrecipients should engage stakeholders to identify long-term Improvement training and exercise priorities. These priorities should address Plans, and After- capability targets and gaps identified through the THIRA and SPR Action Reporting process, real-world events, previous exercises, and national areas for improvement identified in the NPR. Subrecipients must report on all exercises conducted with HSGP grant funds. An After -Action Report (AAR)/Improvement Plan (IP) or Summary Report (for Seminars and Workshops) must be completed and submitted to Cal OES within 90 days after exercise/seminars/workshops are conducted. It is acceptable to submit an Exercise Summary Report for Seminars and Workshops in lieu of a full AAR/IP. Please e-mail AAR/IPs and Summary Reports to: hseep@fema.dhs.gov exercise@caloes.ca.gov christopher.camacho@coloes.ca.gov For exercise -related issues and/or questions, please email the Cal OES Exercise Team at exercise@caloes.ca.aov. Exercise costs will not be considered for reimbursement until an AAR/IP is received by Cal OES. Procurement Subrecipients must conduct procurement utilizing documented Standards and local government procurement standards and procedures, or the Written federal procurement standards found in 2 C.F.R. Part 200, Procedures whichever is more strict. Procurement standards must also contain a written conflict of interest policy which reflect applicable federal, state, local, and tribal laws. Procurement Effective June 20, 2018, the micro -purchase threshold was Thresholds increased from $3,500 to $10,000 and the simplified acquisition threshold was increased from $150,000 to $250,000. These increases apply to all Subrecipient procurements executed on or after June 20, 2018. Refer to IB 434 for additional information. 25 Section 6— Post Award Requirements 1 2022 Procurement Per 2 C.F.R. § 200.31 8(i), non-federal entities other than states and Documentation territories are required to maintain and retain records sufficient to detail the history of procurement covering at least the rationale for the procurement method, contract type, contractor selection or rejection, and the basis for the contract price. For any cost to be allowable, it must be adequately documented per 2 C.F.R. 200.403(g). Documentation that would cover this information include, but are not limited to: ■ Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals; • Responses to solicitations, such as quotes, bids, or proposals; ■ Pre -solicitation independent cost estimates and post - solicitation cost/price analyses on file for review by federal personnel, if applicable; • Contract documents and amendments, including required contract provisions; and other documents required by federal regulations applicable at the time a grant is awarded to a Subrecipient. Noncompetitive All noncompetitive procurements exceeding the simplified Procurement acquisition threshold requires Cal OES prior written approval to be eligible for reimbursement. This method of procurement must be approved by the local Purchasing Agent prior to submitting a request for Cal OES approval. A copy of the Purchasing Agent's approval must be included with the Cal OES Request for Noncompetitive Procurement Authorization form. Cal OES may request additional documentation that supports the procurement effort. Cal OES will not reimburse for any noncompetitive procurement contracts for any HSGP terrorism -related training, regardless of the cost of the training. Exceptions to this policy may be approved in limited circumstances, e.g., related to a procurement effort that has resulted in inadequate competition. Please refer to GMM2017-01A and GMM2021-05 for additional guidance. Performance Due to the risks associated with delays in vendor delivery of large Bond equipment procurements, DHS/FEMA allows Subrecipients to obtain a "performance bond" for items that are paid for up front to ensure delivery of the equipment within the grant performance period. 26 Section 6— Post Award Requirements 1 2022 Performance Cal OES requires Subrecipients obtain a performance bond for Bond (cont.) any equipment item over $250,000 or any vehicle, aircraft, or watercraft that has been paid with HSGP funds prior to receiving the final product(s). Performance Bond Waivers may be granted on a case-by-case basis and must be submitted to Cal OES prior to procurement. Environmental DHS/FEMA is required to ensure all activities and programs that Planning and are funded by the agency comply with federal Environmental Historic Planning and Historic Preservation (EHP) regulations. Subrecipients Preservation proposing projects or activities (including, but not limited to, training, exercises, the installation of equipment, and construction or renovation projects) that have the potential to impact the environment, or a historic structure must participate in the EHP screening process. EHP Screening Memos must include detailed project information, explain the goals and objectives of the proposed project, and include supporting documentation. DHS/FEMA may also require the Subrecipient to provide a confidential California Historical Resources Information System (CHRIS) report in addition to the EHP Screening Form. Determination on the necessity of a CHRIS report is based upon information disclosed on the form. Program Representatives will provide additional instructions should this report be required. EHP Screening Requests should be submitted to Cal OES as early as possible. All projects/activities triggering EHP must receive DHS/FEMA written approval prior to commencement of the funded activity. Updated information may be referenced in the FEMA GPD EHP Policy Guidance. Construction When applying for construction activity at the time of and Renovation application, including communication towers, Subrecipients must submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits, and a notice of federal interest. Additionally, Subrecipients are required to submit an SF -424C Budget and Budget Detail that cites project costs. Communication tower construction requests also require evidence that the Federal Communications Commission's Section 106 review process was completed. 27 Section 6— Post Award Requirements 1 2022 Construction Subrecipients using funds for construction projects must comply and Renovation with the Davis -Bacon Act. Subrecipients must ensure that their (cont.) contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character like the contract work in the civil subdivision of the state in which the work is to be performed. Project construction using SHSP and UASI funds may not exceed $1,000,000 or 15% of the grant subaward (For the purposes of limitations on funding levels, communications towers are not considered construction). Written approval for construction must be provided by DHS/FEMA prior to the use of any HSGP funds for construction or renovation. Inventory Subrecipients must use standardized resource management Control and concepts for resource typing and credentialing, in addition to Property maintaining an inventory by which to facilitate the effective Management identification, dispatch, deployment, tracking, and recovery of resources. Subrecipients must have an effective inventory management system, to include: 4 Property records that document description, serial/ID number, fund source, title information, acquisition date, cost, federal cost share, location, use, condition, and ultimate disposition; • A physical inventory conducted at least every two years; • A control system to prevent loss, damage, and theft of grant purchased equipment and supplies; and • Adequate maintenance procedures to keep the property in good condition. Equipment When original or replacement equipment acquired under the Disposition HSGP is no longer needed for program activities, the Subrecipient must contact the Program Representative to request disposition instructions. See 2 C.F.R.. 200.31 ael. Section 6— Post Award Requirements 1 2022 Performance Subrecipients must complete a Biannual Strategic Reporting Implementation Report (BSIR) each Winter and Summer using the DHS/FEMA Grants Reporting Tool (GRT) for the duration of the subaward period of performance or until all grant activities are completed and the subaward is formally closed by Cal OES. Failure to submit a BSIR could result in subaward reduction, suspension, or termination. Access to the BSIR may be obtained through the GRT. To create a new account, please click the link that reads, "Register for an account" and follow the instructions provided. The Subrecipient will be required to ensure up-to-date project information is entered. The Project Ledger in the FMFW may assist with the BSIR data entry process. For additional assistance with the GRT, please contact your Program Representative. Extension Extensions to the initial period of performance identified in the Requests subaward will only be considered through formal, written requests to your Program Representative. Upon receipt of the extension request, Cal OES will: 1. Verify compliance with performance reporting requirements by confirming the Subrecipient has submitted all necessary performance reports; 2. Confirm the Subrecipient has provided sufficient justification for the request; and 3. If applicable, confirm the Subrecipient has demonstrated sufficient progress in past situations where an extension was authorized by Cal OES. Extension requests will be granted only due to compelling legal, policy, or operational challenges, must be project -specific and will only be considered for the following reasons: 1. Contractual commitments with vendors that prevent completion of the project within the period of performance; 2. The project must undergo a complex environmental review which cannot be completed within this timeframe; 3. Projects are long-term by design and therefore, acceleration would compromise core programmatic goals; and 4. Where other special circumstances exist. 29 Section 6— Post Award Requirements 1 2022 Extension To be considered, extension requests must be received no later Requests (cont.) than 60 days prior to the end of the Subrecipient's period of performance and must contain specific and compelling justifications as to why an extension is required. All extension requests must address the following: 1. Grant program, fiscal year, and award number; 2. Reason for delay; 3. Current status of the activity/activities; 4. Approved period of performance termination date and new project completion date; 5. Amount of funds drawn down to date; 6. Remaining available funds, both federal and non-federal; 7. Budget outlining how remaining federal and non-federal funds will be expended; 8. Plan for completion, including milestones and timeframes for each milestone and the position/person responsible for implementing the plan for completion; and 9. Certification the activity/activities will be completed within the extended period of performance without any modification to the original Project Scope. General questions regarding extension requirements and the extension request form, should be directed to your Program Representative. For additional information, please see IB 379. Extension requests for personnel and salaries do not meet the requirements of IB 379 and will not be granted. Subrecipients are expected to complete all grant -funded personnel activities by the end of the subaward period of performance. Progress Reports All Subrecipients that receive Cal OES approval to extend their on Grant FY 2022 grant subaward period of performance may be required Extensions to submit progress reports indicating completed and future project milestones on all extended projects. Progress reports must be submitted electronically to the Subrecipient's Program Representative. Deadlines for the submission of progress reports will be established at the time of extension approval. Monitoring Cal OES Grants Monitoring actively monitors Subrecipients, through day-to-day communications, programmatic site visits, desk, and on-site compliance assessments. The purpose of the compliance assessment is to ensure Subrecipients are in compliance with applicable state and federal regulations, grant guidelines, and programmatic requirements. 30 Section 6— Post Award Requirements 1 2022 Monitoring Monitoring activities may include, but are not limited to: (cont.) ■ Verifying entries recorded on the FMFW categories are properly supported with source documentation; • Eligibility of and support for expenditures, typically covering two to three years of data; Comparing actual Subrecipient activities to those approved in the grant application and subsequent modifications, including the review of timesheets and invoices as applicable; Procurements and contracts; Ensuring equipment lists are properly maintained and physical inventories are conducted; Ensuring advances have been disbursed in accordance with applicable guidelines; and ■ Confirming compliance with: ■ Standard Assurances, and Information provided on performance reports and payment requests NOTE: It is the responsibility of all Subrecipients that pass down grant funds to other entities, to maintain and utilize a formal process to monitor the grant activities of their subawards. This requirement includes, but is not limited to, on-site verification of grant activities, as required. It is common for Subrecipients to receive findings in a programmatic site visit or compliance assessment, which require a Corrective Action Plan (CAP) to be submitted by Subrecipients. Those Subrecipients who fail to submit a CAP, as required, shall have a "hold" placed on any future reimbursements until the "finding" is resolved. Failure to Submit Periodic reporting is required by the grant. Subrecipients who miss Required Reports a single reporting deadline may receive a letter addressed to their Board of Supervisors informing them of the failure to report. County OAs and tribes who fail to report twice consecutively may have subsequent awards reduced by 10% until timely reporting is reestablished; UASIs may have a "hold" placed on any future reimbursements. Suspension/ Cal OES may suspend or terminate grant funding, in whole or in Termination part, or other measures may be imposed for any of the following reasons: 31 Section 6— Post Award Requirements 1 2022 Suspension/ Failure to submit required reports. Termination Failure to expend funds in a timely manner consistent with the (cont.) grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application. • Failure to follow Grant Subaward 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. • Failure to adequately manage, monitor, or direct the grant funding activities of their Subrecipients. Before taking action, Cal OES will provide the Subrecipient reasonable notice of intent to impose corrective measures and will make every effort to informally resolve the problem. Closeout Cal OES will close-out Subrecipient awards when it determines all applicable administrative actions and all required work of the federal award have been completed. Subawards will be closed after: • All funds have been requested and reimbursed, or disencumbered; • Receiving all applicable Subrecipient reports indicating 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 subawards, modifications, and payments; and • Verifying the Subrecipient has submitted a final BSIR showing all grant funds have been expended. Records The records retention period is three years from the date of the Retention Cal OES Grant Closeout letter, or until any pending litigation, claim, or audit started before the expiration of the three-year retention period has been resolved and final action is taken. ---- - 32 Section 6— Post Award Requirements 1 2022 Records For indirect cost rate proposals, cost allocation plans, or other Retention (cont.) rate computation records, the start of the record retention period is dependent on whether the proposal, plan, or other computation is required to be submitted to the federal government (or to the pass-through entity) for negotiation purposes. See 2 C.F.R. § 200.334 f . In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403fa1. The Cal OES Grant Closeout Letter will notify the Subrecipient of the start of the records retention period for all programmatic and financial grant -related records. If the State Administrative Agency's award remains open after the Subrecipient's submission of the final BSIR, Cal OES will complete any additional BSIR reporting required under the award on behalf of the Subrecipient. Closed grants may still be monitored and audited. 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. If documents are retained longer than the required retention period, FEMA, the DHS Office of Inspector General, Government Accountability Office, and pass-through entity have the right to access these records as well. See 2 C.F.R. § § 200.334, 200.336. 33 Attachment A - FY 2022 HSGP Final Allocations 1 2022 *SHSP allocations reflect National Priority Area project adjustments State Homeland Security Program (SHSP) Operational Area Total Award Operational Area Total Award ALAMEDA 1,650,796 ORANGE 3,091,412 ALPINE 76,144 PLACER 465,163 AMADOR 113,439 PLUMAS 93,069 BUTTE 267,310 RIVERSIDE 2,398,206 CALAVERAS 117,971 SACRAMENTO 1,578,910 COLUSA 90,054 SAN BENITO 137,459 CONTRA COSTA 1,178,218 SAN BERNARDINO 2,161,778 SAN DIEGO 3,210,706 DEL NORTE 100,963 - EL DORADO 256,681. SAN FRANCISCO 878,889 FRESNO 1,039,637 SAN JOAQUIN 823,129 GLENN 203,261 LUIS OBISPO 342,776 HUMBOLDT 203,934 _SAN SAN MATEO 785,320 IMPERIAL 246,059 SANTA BARBARA 499,634 INYO 93,1031 SANTA CLARA 1,882,403 KERN 942,855 , SANTA CRUZ 329,270 KINGS 220,013 SHASTA 247,206 LAKE 126,761 SIERRA 78,080 LASSEN 94,530 SISKIYOU 116,808 LOS ANGELES 9,481,458 SOLANO 501,616 MADERA 225,137 SONOMA 671,457 MARIN 320,277 STANISLAW 599,127 MARIPOSA 91,259 SUTTER 169,573 MENDOCINO 160,849 TEHAMA 137,052 MERCED 346,2251 TRINITY 90,284 MODOC 83,289 TULARE 528,108 MONO 87,762 TUOLUMNE 127,742 MONTEREY 488,715 VENTURA 870,206 NAPA 0 YOLO 285,965 NEVADA 171,573 YUBA 148,878 *Total 41,728,499 Attachment A — FY 2022 HSGP Final Allocations 1 2022 Fusion Centers Urban Area Region Total Award SAN FRANCISCO BAY AREA 1,792,050 SACRAMENTO/CENTRAL VALLEY AREA 2,565,000 GREATER LOS ANGELES AREA 2,887,500 SAN DIEGO AREA 2,047,500 ORANGE AREA 835,000 *Total 10,127,050 Urban Areas Security Initiative (UASI) *A minimum of 30% of UASI funding must be for Law Enforcement Terrorism Prevention Urban Area Federal Allocation to State Allocation to UASI State Initiatives ANAHEIM/SANTA ANA AREA 5,250,000 37,049,000 4,278,750 971,250 BAY AREA 30,194,935 6,854,065 LOS ANGELES/LONG BEACH AREA 67,182,000 54,753,330 12,428,670 RIVERSIDE AREA 3,900,000 3,178,500 721,500 SACRAMENTO AREA 3,800,0001 3,097,000 703,000 SAN DIEGO AREA 16,696,0001 13,607,240 3,088,760 Total 133,877,000 109,109,755 24,767,245 Attachment B: FY 2022 HSGP Timeline 1 2022 DHS/FEMA Announcement of 2022 HSGP May 13, 2022 Cal OES Application Due to DHS June 13, 2022 September 2022 DHS Award to California Subrecipient period of performance begins September 1, 2022 September 2022 2022 HSGP California Supplement release Subrecipient Workshops September 2022 Subrecipient Awards (45 days from DHS award) October 2022 December 31, 2022 Subrecipient Final Applications Due to Cal OES Subrecipient period of performance ends Final Cash Requests due to Cal OES May 31, 2025 Within twenty (20) calendar days after end of grant August 31, 2025 Cal OES's period of performance ends Subrecipient: Program Representative: Attachment C: FY 2022 HSGP Application Checklist 1 2022 FIPS#: Financial Management Forms Workbook: ❑ Grant Award Face Sheet ❑ Authorized Body of 5 ❑ Project Ledger ❑ Planning Ledger ❑ Organization Ledger ❑ Equipment Ledger ❑ Training Ledger ❑ Excrcisc Lcdger ❑ Consultant/Contractor Ledger ❑ Management & Administration Ledger ❑ Indirect Cost Ledger ❑ Authorized Agent Sheet Attachments: ❑ Original Counter -Signed Award Letter ❑ Governing Body Resolution (Certified) ❑ Standard Assurances (Signed Originals) ❑ FFATA Certification ❑ Lobbying Certification ❑ Subrecipient Grant Management Assessment Form ❑ Indirect Cost Rate Negotiation Agreement ❑ Personnel Cap Waiver (If Applicable) ❑ Intelligence Analyst(s) Certificates (if Applicable) UASI Only: ❑ UASI Footprint ❑ UAWG Roster State Agencies and Tribes Only: ❑ Signature Authority Form (in lieu of Governing Body Resolution) For Cal OES Use Only Reviewed by: Management Approval: Date: Date: UEI ❑ LETPA 30% or >❑ M&A 5% or <❑ An official website of the United States government Here's how you know A`- FEMA The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2022 Homeland Security Grant Program Release Date: May 13, 2022 Effective April 4, 2022, the Federal Government transitioned from using the Data Universal Numbering System or DUNS number, to a new, non-proprietary identifier known as a Unique Entity Identifier or UEI. For entities that have an active registration in the System forAward Management (SAM) prior to this date, the UEI has automatically been assigned and no action is necessary. For all entities filing a new registration in SAM.gov on or after April 4, 2022, the UEI will be assigned to that entity as part of the SAM.gov registration process. UEI registration information is available on GSA.gov at Unique Entity Identifier Update GSA. Visit Grants.gov for registration information. Detailed information regarding UEI and SAM is also provided in Section D of this funding notice. Additional Information can be found on Grants.gov. Table of Contents A. Program Description 1. Issued By 2. Assistance Listings Number 3. Assistance Listings Title 4. Funding Opportunity Title 5. Funding Opportunity Number 6. Authorizing Authority for Program 7. Appropriation Authority for Program 8. Announcement Type 9. Program Category 10. Program Overview, Objectives and Priorities 11. Performance Measures B. Federal Award Information 1. Available Funding: $1,120,000,000 2. Projected Number of Awards: 56 3. Period of Performance: 36 months 4. Projected Period of Performance Start Date(s): September 1, 2022 5. Projected Period of Performance End Date(s): August 31, 2025 6. Funding Instrument Type: Grant C. Eligibility Information 1. Eligible Applicants 2. Applicant Eligibility Criteria 3. Other Eligibility Criteria 4. Cost Share or Match D. Application and Submission Information 1. Key Dates and Times 2. Agreeing to Terms and Conditions of the Award 3. Address to Request Application Package 4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application 5. Electronic Delivery 6. How to Register to Apply through Grants.gov 7. How to Submit an Initial Application to FEMA via Grants.gov 8. Submitting the Final Application in ND Grants 9. Timely Receipt Requirements and Proof of Timely Submission 10. Content and Form of Application Submission 11. Other Submission Requirements 12. Intergovernmental Review 13. Funding Restrictions and Allowable Cost E. Application Review Information 1. Application Evaluation Criteria 2. Review and Selection Process F. Federal Award Administration Information 1. Notice of Award 2. Pass -Through Requirements 3. Administrative and National Policy Requirements 4. Reporting 5. Monitoring and Oversight G. DHS Awarding Agency Contact Information 1. Contact and Resource Information 2. Systems Information H. Additional Information 1. Termination Provisions 2. Program Evaluation 3. Period of Performance Extensions A. Program Description 1. Issued By U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Grant Programs Directorate (GPD) 2. Assistance Listings Number 97.067 3. Assistance Listings Title Homeland Security Grant Program 4. Funding Opportunity Title Fiscal Year 2022 Homeland Security Grant Program (HSGP) ■ State Homeland Security Program (SHSP) ■ Urban Area Security Initiative (UASI) ■ Operation Stonegarden (OPSG) 5. Funding Opportunity Number DHS -22 -GPD -067-000-02 6. Authorizing Authority for Program Section 2002 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. § 603) 7. Appropriation Authority for Program Department of Homeland Security Appropriations Act, 2022 (Pub. L. No. 117-103) 8. Announcement Type Initial 9. Program Category Preparedness: Community Security 10. Program Overview, Objectives and Priorities A. OVERVIEW The Fiscal Year (FY) 2022 Homeland Security Grant Program (HSGP) is one of three grant programs that constitute the DHS/FEMA focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent, protect against, respond to, and recover from terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the Nation's communities against potential terrorist attacks. Among the five basic homeland security missions noted in the DHS Strategic Plan, the HSGP supports the goal to Strengthen National Preparedness and Resilience. In FY 2022, there are three components of the HSGP: 1. State Homeland Security Program (SHSP): SHSP assists state, local, tribal, and territorial (SLTT) efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. 2. Urban Area Security Initiative (UASI): UASI assists high -threat, high-density Urban Area efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. 3. Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to supportjoint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. SLTT law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG. The 2022-2026 FEMA Strategic Plan outlines three goals designed to position FEMA to address the increasing range and complexity of disasters, support the diversity of communities we serve, and complement the nation's growing expectations of the emergency management community. The HSGP supports FEMA's efforts to achieve equitable outcomes for those we serve (Goal 1) and to promote and sustain a prepared nation (Goal 3). We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient nation. Finally, for FY 2022, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other threats to our national security. The threats to our nation have evolved during the past two decades. We now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, and threats from domestic violent extremists who currently pose the greatest terrorism threat to the nation!. Therefore, for FY 2022, DHS has identified six priority areas related to the most serious threats to the nation. Recipients are expected to address those priority areas with their HSGP funds. B. OBJECTIVE The objective of the FY 2022 HSGP is to fund SLTT efforts to prevent terrorism and prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States. C. PRIORITIES SHSP and UASI Funding Priorities Given the evolving national security threat landscape, DHS/FEMA has evaluated the national risk profile and set priorities that help inform appropriate allocation of scarce security dollars. In assessing the national risk profile for FY 2022, six priority areas attract the most concern. Due to the unique threats that the nation faces in 2022, DHS/FEMA has determined that recipients should allocate a total of 30 percent of their SHSP and UASI award funds across these six priority areas. As indicated below, four of the priorities have minimum spend requirements totaling 12 percent of SHSP and UASI awards. Recipients will have the flexibility to allocate the remaining 18 percent across the priorities. The following are the six priority areas for FY 2022, along with the minimum corresponding percentage of SHSP and UASI funds that each recipient will be required to allocate: 1. Enhancing the protection of soft targets/crowded places - 3 percent 2. Enhancing information and intelligence sharing and analysis - 3 percent 3. Combating domestic violent extremism - 3 percent 4. Enhancing cybersecurity - no minimum percent 5. Enhancing community preparedness and resilience - 3 percent 6. Enhancing election security - no minimum percent Additional information about these priority areas and how they relate to achieving anti- terrorism capabilities is included in Section D.10.b.11 of this NOFO. Failure by a recipient to propose investments and projects that align with the priority areas and spending requirements will result in a recipient having a portion of their SHSP and UASI funds (up to 30 percent) placed on hold until they provide projects that sufficiently align to the National Priority Areas, and total at least the minimum percentages per National Priority Area priority area (as applicable) and overall 30 percent of total SHSP and UASI funds. A state or high-risk urban area must allocate the remaining 70 percent of their funding to gaps identified through their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) process. Likewise, there are several enduring security needs that crosscut the homeland security enterprise to which recipients should consider allocating funding across core capability gaps and national priorities. The following are enduring needs that help recipients implement a comprehensive approach to securing communities: 1. Effective planning' 2. Training and awareness campaigns 3. Equipment and capital projects 4. Exercises The table below provides a breakdown of the FY 2022 SHSP and UASI priorities (the focus of OPSG remains unique to border security), showing the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. A detailed description of allowable investments for each project type is included in the Preparedness Grants Manual. DHS/FEMA anticipates that in future years, national priorities will continue to be included and will be updated as the threats evolve and as capability gaps are closed. Applicants are strongly encouraged to begin planning to sustain existing capabilities through funding mechanisms other than DHS preparedness grants. The example project types in the table below are allowable to prepare for disasters unrelated to acts of terrorism as long as they also help achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism. National Priorities Core Example Priorities Capabilities Lifelines Project Types Enhancing Cybersecurity Cybersecurity Intelligence and information sharing Planning Public information and warning Core Example Priorities Capabilities Lifelines Project Types Operational coordination Screening, search, and detection Access control and identity verification Supply chain integrity and security Risk management for protection programs and activities Long-term vulnerability reduction Situational assessment Infrastructure systems Operational communications Safety and Security Cybersecurity risk assessments Migrating online services to the ".gov" internet domain Projects that address vulnerabilities identified in cybersecurity risk assessments Improving cybersecurity of critical infrastructure to meet minimum levels identified by the Cybersecurity and Infrastructure Security Agency (CISA), and the National nstitute.of Standards and Technology Cybersecurity Framework Cybersecurity training and planning Core Example Priorities Capabilities Lifelines Project Types Enhancing the Protection of Soft Targets/ Crowded Places Operational coordination Public information and warning Intelligence and information sharing Interdiction and disruption Screening, search, and detection Access control and identity verification Physical protective measures Risk management for protection programs and activities Safety and Security Operational overtime Physical security enhancements Closed-circuit television (CCTV) security cameras Security screening equipment for people and baggage Lighting Access controls Fencing, gates, barriers, etc. Unmanned aircraft system detection technologies Core Example Priorities Capabilities Lifelines Project Types Enhancing information and intelligence sharing and analysis Intelligence and information sharing Interdiction and disruption Planning Public information and warning Operational coordination Risk management for protection programs and activities Safety and Security Fusion center operations (Fusion Center project will be required under this investment, no longer as a stand-alone investment) Information sharing with all DHS components; fusion centers; other operational, investigative, and analytic entities; and other federal law enforcement and intelligence entities Cooperation with DHS officials and other entities designated by DHS in intelligence, threat recognition, assessment, analysis, and mitigation Identification, assessment, and reporting of threats of violence Joint intelligence analysis training and planning with DHS officials and other entities designated by DHS Core Example Priorities Capabilities Lifelines Project Types Combating Domestic Violent Extremism Interdiction and disruption Intelligence and information sharing Planning Public information and warning Operational coordination Risk management for protection programs and activities Safety and Security Open -source analysis of disinformation and misinformation campaigns, targeted violence and threats to life, including tips/leads, and online/social media -based threats Sharing and leveraging intelligence and information, including open -source analysis Execution and management of threat assessment programs to identify, evaluate, and analyze indicators and behaviors indicative of domestic violent extremists Training and awareness programs (e.g., through social media, suspicious activity reporting [SAR] indicators and behaviors) to help prevent radicalization Training and awareness programs (e.g., through social media, SAR indicators and behaviors) to educate the public on misinformation and disinformation campaigns and resources to help them identify and report potential instances of domestic violent extremism Enhancing Community Preparedness and Resilience Planning Priorities Public Information and Warning Community Resilience Risk Management for Protection Programs and Activities Mass Care Services Intelligence and Information Sharing Risk and Disaster Resilience Assessment Long Term Vulnerability Reduction Safety and Security Establish, train, and maintain Community Emergency Response Teams (CERT) and Teen CERT, with a focus on historically undeserved communities, including procurement of appropriate tools, equipment and training aides Local delivery of CERT Train -the -Trainer and CERT Program Manager to build local program training and maintenance capacity Provide continuity training, such as FEMA's Organizations Preparing for Emergency Needs training, to faith -based organizations, local businesses, and community-based organizations such as homeless shelters, food pantries, nonprofit medical providers and senior care facilities to bolster their resilience to all hazards Partner with local school districts to deliver the Student Tools for Emergency Planning curriculum or other educational programming to guide students on how to create emergency kits and family communications plans Partner with key stakeholders to assist with completing the Emergency Financial First Aid Kit or a similar tool to bolster Core Capabilities Lifelines Example Project Types Core Example Priorities Capabilities Lifelines Project Types the disaster centric financial resilience of individuals and households Execute You are the Help Until the HelpArrives workshops in concert with community-based organizations to bolster individual preparedness Target youth preparedness using FEMA programming such as Prepare with Pedro resources and Ready2Help Promote community planning, coordination, and integration of children's needs during emergencies through workshops like FEMA's Integrating the Needs of Children Community Mapping: identify community resources and characteristics in orderto identify gaps in resources, identify hazards and vulnerabilities, and inform action to promote resilience Provide training and awareness programs with key stakeholders (e.g., through social media, community and civic organizations) to educate the public on misinformation and disinformation campaigns to increase individual and community resilience. Example Priorities Core Capabilities Lifelines Project Types Enhancing Election Security Cybersecurity Intelligence and information sharing Planning Long-term vulnerability reduction Situational assessment Infrastructure systems Safety and Security Physical security planning support Physical/site security measures — e.g., locks, shatter proof glass, alarms, etc. General election security navigator support Cyber navigator support Cybersecurity risk assessments, training, and planning Projects that address vulnerabilities identified in cybersecurity risk assessments Iterative backups, encrypted backups, network segmentation, software to monitor/scan, and endpoint protection Distributed Denial Of Service protection Migrating online services to the ".gov" internet domain Enduring Needs Example Priorities Core Capabilities Lifelines Project Types Planning Planning Risk management for protection programs and activities Risk and disaster resilience assessment Threats and hazards identification Operational coordination Community resilience Safety and Security Development of: Security Risk Management Plans Threat Mitigation Plans Continuity of Operations Plans Response Plans Efforts to strengthen governance integration between/among regional partners Joint training and planning with DHS officials and other entities designated by DHS Cybersecurity training and planning Revision of existing plans to strengthen community resilience in underserved communities Example Priorities Core Capabilities Lifelines Project Types Training & Awareness Long-term vulnerability reduction Public information and warning Operational coordination Situational assessment Community resilience Safety and Security Active shooter training Intelligence analyst training SAR and terrorism indicators/behaviors training Security training for employees Public awareness/preparedness campaigns Joint training and planning with DHS officials and other entities designated by DHS Cybersecurity training and planning Sharing and leveraging intelligence and information Targeted outreach and preparedness training for underserved communities in conjunction with community-based organizations Example Priorities Core Capabilities Lifelines Project Types Equipment & Capital Projects Long-term vulnerability reduction Infrastructure systems Operational communications Interdiction and disruption Screening, search and detection Access control and identity verification Physical protective measures Safety and Security Protection of high-risk, high -consequence areas or systems that have been identified through risk assessments Physical security enhancements Security cameras (CCTV) Security screening equipment for people and baggage Lighting Access Controls Fencing, gates, barriers, etc. Enhancing Weapons of Mass Destruction (WMD) and/or improvised explosive device (IED) prevention, detection, response and recovery capabilities Chemical/Biological/Radiological/ Nuclear/Explosive (CBRNE) detection, prevention, response, and recovery equipment Core Example Priorities Capabilities Lifelines Project Types Exercise Long-term vulnerability reduction Operational coordination Operational communications Community resilience Safety and Security Response exercises, including exercise planning with community-based organizations For FY 2022, each SHSP and UASI recipient is required to submit an Investment Justification (IJ) for the four National Priority Areas with associated minimum spend requirements. Each of these four investments must also account for at least the relevant minimum percentage (12 percent) of the applicant's SHSP and UASI allocation. State Administrative Agencies (SARs) may submit complete project -level information at the time of application, including the National Priority Area Us, but are not required to do so. As a reminder, all SHSP- and UASI- funded projects must have a demonstrated nexus to achieving target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism. However, such projects may simultaneously support enhanced preparedness for disasters unrelated to acts of terrorism. DHS/FEMA also requires SHSP and UASI recipients (states, territories, and high-risk urban areas) to complete a THIRA/SPR and prioritize grant funding to support closing capability gaps or sustaining capabilities that address national priorities and/or support enduring needs. Additional information on the THIRA/SPR process, including other National Preparedness System (NPS) tools and resources, can be found at https://www.fema-gov/national-preparedness-system. Detailed information on THIRA/SPR timelines and deadlines can be found in the Preparedness Grants Manual. OPSG Funding Priorities The table below provides a breakdown of the FY 2022 OPSG funding priority, which remains focused on and unique to border security. National Priorities Example Priorities Core Lifelines Project Capabilities Types Enhancing information and intelligence sharing and analysis, and cooperation with federal agencies, including DHS Intelligence and information sharing Safety and Security Participation in the DHS/ICE 287(8) training program Information sharing with all DHS components; fusion centers; other operational, investigative, and analytic entities; and other federal law enforcement and intelligence entities Cooperation with DHS officials and other entities designated by DHS in intelligence, threat recognition, assessment, analysis, and mitigation Identification, assessment, and reporting of threats of violence Joint intelligence analysis training and planning with DHS officials and other entities designated For FY 2022, each OPSG applicant is required to clearly articulate and identify how the Concept of Operations addresses the national priority identified above. 11. Performance Measures Performance metrics for this program: SHSP and UASI: ■ Percentage of funding allocated by the recipient to core capabilities to build or sustain national priorities identified in the section above ■ Percentage of funding and projects allocated by the recipient that align to capability gaps identified through the THIRA/SPR process ■ Percentage of projects identified by the recipient that address a capability gap in a core capability that has a target(s) rated as high FEMA will calculate and analyze the above metrics through a review of state/territory and urban area SPR submissions and required programmatic reports. OPSG: ■ Number of contacts that occurred as a result of OPSG deployments o Number of arrests that resulted from OPSG contacts o Value of drug seizures that resulted from OPSG contacts B. Federal Award Information 1. Available Funding $1,120,000,000 HSGP Programs SHSP $415,000,000 UASI $615,000,000 OPSG $90,000,000 Total $1,120,000,000 SHSP ALLOCATIONS FY 2022 Allocation For FY 2022, DHS/FEMA will award SHSP funds based on DHS/FEMNs relative risk methodology and statutory minimums pursuant to the Homeland Security Act of2002, as amended. THIRA/SPR results do not impact grant allocations or awards. Each state and territory will receive a minimum allocation under the SHSP using thresholds established in the Homeland Security Act of 2002, as amended. All 50 States, the District of Columbia, and the Commonwealth of 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. Each of the 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. Each state must include a separate IJ for each of the four National Priority Areas with a minimum spend requirement. All projects related to the minimum spend for the National Priority Area mustbe included in the IJ. For the National Priority Areas that have a minimum spend percentage requirement, the funding level in each of those National Priority Area investments must equal or exceed the percentage for that respective National Priority Area, calculated as a percentage of the state's SHSP allocation in the table below. The funding levels across all six National Priority Areas must equal or exceed 30 percent of the total SHSP allocation. FY 2022 SHSP Allocations State/Territory FY 2022 Allocation State/Territory FY 2022 Allocation Alabama $4,847,500 Montana $4,847,500 Alaska $4,847,500 Nebraska $4,847,500 State/Territory FY 2022 Allocation State/Territory FY 2022 Allocation American Samoa 1,108,000 Nevada $4,847,500 Arizona $4,847,500 New Hampshire $4,847,500 Arkansas $4,847,500 New Jersey $7,074,841 California $57,035,623 New Mexico $4,847;500 State/Territory FY 2022 Allocation State/Territory FY 2022 Allocation Colorado $4,847,500 New York $68,033,267 Connecticut $4,847,500 North Carolina $5,085,387 Delaware $4,847,500 North Dakota $4,847,500 District of Columbia $5,085,387 Northern Mariana Islands $1,108,000 State/Territory FY 2022 Allocation State/Territory FY 2022 Allocation Florida $9,343,905 Ohio $6,190,947 Georgia $5,288,656 Oklahoma $4,847,500 Guam $1,108,000 Oregon $4,847,500 Hawaii $4,847,500 Pennsylvania $8,136,252 State/Territory FY 2022 Allocation State/Territory FY 2022 Allocation Idaho $4,847,500 Puerto Rico $4,847,500 Illinois $13,894,910 Rhode Island $4,847,500 Indiana $4,847,500 South Carolina $4,847,500 Iowa $4,847,500 South Dakota $4,847,500 State/Territory FY 2022 Allocation State/Territory FY 2022 Allocation Kansas $4,847,500 Tennessee $4,847,500 Kentucky $4,847,500 Texas $18,210,451 Louisiana $4,847,500 U.S. Virgin Islands $1,108,000 Maine $4,847,500 Utah $4,847,500 State/Territory FY 2022 Allocation State/Territory FY 2022 Allocation Maryland $7,074,841 Vermont $4,847,500 Massachusetts $6,190,947 Virginia $8,136,252 Michigan $5,085,387 Washington $6,190,947 Minnesota $4,847,500 West Virginia $4,847,500 State/Territory FY 2022 Allocation State/Territory FY 2022 Allocation Mississippi $4,847,500 Wisconsin $4,847,500 Missouri $4,847,500 Wyoming $4,847,500 Total $415,000,000 UASI Allocations Eligible candidates for the FY 2022 UASI program are identified in the table below. Eligibility has 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 Actof2002, as amended. Detailed information on MSAs is publicly available from the United States Census Bureau at https://www.census.gov/programs- sui-aeys/iometi-ri-idiici-o.htt-i,ii. THIRA/SPR results do not impact grant allocations or awards. The following table identifies the UASI allocations for each high-risk urban area based on DHS/FEMA's relative risk methodology pursuant to the Homeland Security Act of2002, as amended. In its application, each high-risk urban area, through the state, must include a separate IJ for each of the four National Priority Areas with minimum spend requirements. All projects related to the minimum spend for the National Priority Area must be included in the IJ. For the National Priority Areas that have a minimum spend percentage requirement, the funding level in each of those National Priority Area investments must equal or exceed the percentage for that respective National Priority Area, calculated as a percentage of the urban area's UASI allocation in the table below. The funding levels across all six National Priority Areas must equal or exceed 30 percent of the total UASI allocation. FY 2022 UASI Allocations State/Territory Urban Area FY 2022 UASI Allocation Arizona Phoenix Area $5,250,000.00 California Anaheim/Santa Ana Area $5,250,000.00 California Bay Area $37,049,000.00 California Los Angeles/Long Beach Area $67,182,000.00 California Riverside Area $3,900,000.00 California Sacramento Area $3,800,000.00 California San Diego Area $16,696,000.00 Colorado Denver Area $3,900,000.00 District of Columbia National Capital Region $51,127,000.00 Florida Miami/Fort Lauderdale Area $14,750,000.00 Florida Orlando Area $3,800,000.00 Florida Tampa Area $3,800,000.00 Georgia Atlanta Area $6,700,000.00 Illinois Chicago Area $67,182,000.00 Indiana Indianapolis Area $1,500,000.00 Louisiana New Orleans Area $1,500,000.00 Maryland Baltimore Area $3,800,000.00 Massachusetts Boston Area $16,900,000.00 Michigan Detroit Area $5,250,000.00 Minnesota Twin Cities Area $5,250,000.00 Missouri Kansas City Area $1,500,000.00 Missouri St. Louis Area $3,800,000.00 Nevada Las Vegas Area $5,250,000.00 New Jersey Jersey City/Newark Area $18,915,000.00 New York New York City Area $176,599,000.00 North Carolina Charlotte Area $3,800,000.00 Ohio Cincinnati Area $1,500,000.00 Ohio Cleveland Area $1,500,000.00 Oregon Portland Area $3,800,000.00 Pennsylvania Philadelphia Area $16,900,000.00 Pennsylvania Pittsburgh Area $1,500,000.00 Texas Dallas/Fort Worth/Arlington Area $16,900,000.00 Texas Houston Area $24,600,000.00 Texas San Antonio Area $3,800,000.00 Virginia Hampton Roads Area $3,800,000.00 Washington Seattle Area $6,250,000.00 Total $615,000,000.00 OPSG Allocations For FY 2022, DHS/FEMA will award OPSG funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The FY 2022 0PSG risk assessment is designed to identify the risk to border security and to assist with the distribution of funds for the grant program. Funding under 0PSG is distributed based on the risk to the security of the border and the effectiveness of the proposed projects. Entities eligible for funding are the state, local, and tribal law enforcement agencies that are located along the border of the United States. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the state's application as described in Section D, below. The THIRA/SPR process is not required for OPSG. For the purposes of OPSG, the risk is defined as the potential for an adverse outcome assessed as a function of threats, vulnerabilities, and consequences associated with an incident, event, or occurrence. Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues to focus the bulk of OPSG funds based upon risk analyses. The risk model used to allocate OPSG funds considers the potential risk that certain threats pose to border security and estimates the relative risk faced by a given area. In evaluating risk, DHS/CBP considers intelligence, situational awareness, criminal trends, and statistical data specific to each of the border sectors, and the potential impacts that these threats pose to the security of the border area. For vulnerability and consequence, DHS/CBP considers the expected impact and consequences of successful border events occurring in specific areas. Threat and vulnerability are evaluated based on specific operational data from DHS/CBP. Threat components present in each of the sectors are used to determine the overall threat score. These components are terrorism, criminal noncitizens, drug trafficking organizations, and noncitizen smuggling organizations. Effectiveness of the proposed investments will be evaluated based on the recipient's investment strategy, budget, collaboration, and past performance. 2. Projected Number of Awards 56 3. Period of Performance 36 months 4. Projected Period of Performance Start Date(s) September 1, 2022 5. Projected Period of Performance End Date(s) August 31, 2025 6. Funding Instrument Type Grant C. Eligibility Information 1. Eligible Applicants The SAA is the only entity eligible to submit HSGP applications to DHS/FEMA, including those applications submitted on behalf of UASI and OPSG applicants. All 56 states and territories, including any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, are eligible to apply for SHSP funds. Tribal governments may not apply directly for HSGP funding; however, funding may be available to tribes under SHSP and OPSG through the SAA. 2. Applicant Eligibility Criteria Eligible high-risk urban areas for the FY 2022 UASI program have been determined through an analysis of relative risk of terrorism faced by the 100 most populous MSAs in the United States. Subawards will be made by the SAAs to the designated high-risk urban areas. In FY 2022, OPSG eligible subrecipients are local units of government at the county level or equivalent level of government and federally recognized tribal governments in states bordering Canada or Mexico and states and territories with international water borders. All applicants must have active ongoing USBP operations coordinated through a CBP sector office to be eligible for OPSG funding. In FY 2022, 0PSG subrecipients eligible to apply for and receive a subaward directly from the SARs are divided into three Tiers. Tier 1 entities are local units of government at the county level or equivalent and federally recognized tribal governments that are on a physical border in states bordering Canada, states bordering Mexico, and states and territories with international water borders. Tier 2 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 1 county. Tier 3 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 2 eligible subrecipient. The tier structure is only applicable with regard to eligibility. OPSG funding allocations are based on the assessed border security risks as determined by the USBR An application submitted by an otherwise eligible non-federal entity (i.e., the applicant) may be deemed ineligible when the person that submitted the application is not: 1) a current employee, personnel, official, staff, orleadershipof the non-federal entity; and 2) duly authorized to applyfor an award on behalf of the non-federal entity at the time of application. Further, the Authorized Organization Representative (AOR) must be a duly authorized current employee, personnel, official, staff, or leadership of the recipient and provide an email address unique to the recipient at the time of application and upon any change in assignment during the period of performance. Consultants or contractors of the recipient are not permitted to be the AOR of the recipient 3. Other Eligibility Criteria A. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) IMPLEMENTATION Prior to allocation of any federal preparedness awards, recipients must ensure and maintain adoption and implementation of NIMS. The list of objectives used for progress and achievement reporting is on FEMA's website at https://www.fema,gov/eme gtacy- managers/nims/implementation-training. Please see the Preparedness Grants Manual for more information on NIMS. B. EMERGENCY MANAGEMENT ASSISTANCE COMPACT (EMAC) MEMBERSHIP In support of the National Preparedness Goal (the Goal), SHSP recipients must belong to, be 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 2022 HSGP funding must be readily deployable and NIMS-typed, when possible, 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. C. LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES (LETPA) Per section 2006 of the Homeland Security Act of 2002, as amended (6 U.S.C. § 607), DHS/FEMA is required to ensure that at least 25 percent of grant funding appropriated for grants awarded under HSGP's authorizing statute are used for LETPAs. ForFY2022, DHS/FEMA is requiring that at [east 30 percent of grant funding appropriated under HSGPis used forLETPA. DHS/FEMA meets this requirement, in part, by requiring all recipients allocate at least 30 percent of the combined HSGP funds allocated under SHSP and UASI towards LETPAs, as defined in 6 U.S.C. § 607. The LETPA allocation can be from SHSP, UASI, or both. The 30 percent LETPA allocation may be met by funding projects in any combination of the six National Priority Areas identified above and any other investments. The 30 percent LETPA allocation requirement is in addition to the 80 percent pass-through requirement to local units of government and tribes, referenced below. The Preparedness Grants Manual includes additional information on project selection considerations and allowable activities for LETPA investments. 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, to thwart an initial or follow-on terrorist attack and provides guidance to ensure the Nation is prepared to identify, prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined in the National Prevention Framework are eligible for use as LETPA-focused funds. Also, where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. All otherterrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator. 4. Cost Share or Match There is no cost share or match requirement for the FY 2022 HSGP. D. Application and Submission Information 1. Key Dates and Times A. APPLICATION START DATE: May 13, 2022 B. APPLICATION SUBMISSION DEADLINE: June 13, 2022 at 5 p.m. ET All applications must be received by the established deadline. The Non -Disaster (ND) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of their submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled "Timely Receipt Requirements and Proof of Timely Submission" in Section D of this NOFO. FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant's control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award. Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. "Timely notification" of FEMA means prior to the application deadline and within 48 hours after the applicant became aware of the issue. A list of FEMA contacts can be found in Section G of this NOFO, "DHS Awarding Agency Contact Information." For additional assistance using the ND Grants System, please contact the ND Grants Service Desk at (800) 865-4076 or NDGrants@fema.dhs.gov. The ND Grants Service Desk is available Monday through Friday, 9:00 AM - 6:00 PM Eastern Time (ET). For programmatic or grants management questions, please contact your Program Analyst or Grants Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at askcsi @fema.dhs.gov, Monday through Friday, 9:00 AM - 5:00 PM ET. C. ANTICIPATED FUNDING SELECTION DATE: No later than August 17, 2022 D. ANTICIPATED AWARD DATE: No later than September 30, 2022 E. OTHER KEY DATES Event Suggested Deadline for Completion Event Obtaining an UEI number Four weeks before actual submission deadline Obtaining a valid Employer Identification Number (EIN) Four weeks before actual submission deadline Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or updating SAM registration Four weeks before actual submission deadline Registering in Grants.gov Fourweeks before actual submission deadline Starting application in Grants.gov One week before actual submission deadline Submitting the final application in ND Grants By submission deadline Suggested Deadline for Completion 2. Agreeing to Terms and Conditions of the Award By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award. 3. Address to Request Application Package See the Preparedness Grants Manual for requesting and submitting an application. Initial applications are processed through the Grants.gov portal. Final applications are completed and submitted through FEMA's Non -Disaster Grants (ND Grants) System. Application forms and instructions are available at Grants.gov. To access these materials, go to http://www grants.gov. Hard copies of the NOFO can be downloaded at Grants.gov or obtained via email from the Awarding Office points of contact listed in Section G of this NOFO, "DHS Awarding Agency Contact Information" or by TTY (800) 462-7585. 4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application Applying for an award under this program is a multi -step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines. Please review the table above for estimated deadlines to complete each of the steps listed. Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding. To apply for an award under this program, all applicants must: 1. Apply for, update, or verify their UEI number and Employer Identification Number (EIN) from the Internal Revenue Service; 2. In the application, provide an UEI number; 3. Have an account with login.gov; 4. Register for, update, or verify their SAM account and ensure the account is active before submitting the application; 5. Create a Grants.gov account; 6. Add a profile to a Grants.gov account; 7. Establish an Authorized Organizational Representative (AOR) in Grants.gov; 8. Register in ND Grants 9. Submit an initial application in Grants.gov; 10. Submit the final application in ND Grants, including electronically signing applicable forms; and 11. Continue to maintain an active SAM registration with current information at all times during which they have an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on their immediate and highest -level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable. Specific instructions on how to apply for, update, or verify a UEI number or SAM registration or establish an AOR are included below in the steps for applying through Grants.gov. Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable SAM requirements. Therefore, an applicant's SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant's or recipient's SAM registration must remain active forth e duration of an active federal award. If an applicant's SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting askcsid@fema.dhs.gov and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date. 5. Electronic Delivery DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity. For this funding opportunity, FEMA requires applicants to submit initial applications through Grants.gov and a final application through ND Grants. 6. How to Register to Apply through Grants.gov For information on how to register to apply through Grants.gov, please see the Preparedness Grants Manual. 7. How to Submit an Initial Application to FEMA via Grants.gov Standard Form 424 (SF -424) is the initial application for this NOFO. Grants.gov applicants can apply online using a workspace. A workspace is a shared, online environment where members of a grant team may simultaneously access and edit different web forms within an application. For each Notice of Funding Opportunity, applicants can create individual instances of a workspace. Applicants are encouraged to submit their initial applications in Grants.gov at least seven days before the application deadline. In Grants.gov, applicants need to submit the following forms: w SF -424, Application for Federal Assistance ■ Grants.gov Lobbying Form, Certification Regarding Lobbying For further information on how to submit an initial application via Grants.gov, please seethe Prepreds s Grants Manual. 8. Submitting the Final Application in ND Grants After submitting the initial application in Grants.gov, 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 or, at the latest, seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their applications. Applicants needing assistance registering for the ND Grants system should contact ndgrantsfema.dhs.gov or (800) 865-4076. For step-by-step directions on using the ND Grants system and other guides, please see https:,//www.fema.govgrants guidance - tools non- disaster -grants -management -system. In ND Grants, applicants will be prompted to submit the standard application information and any program -specific information required as described in Section D.10 of this NOFO, "Content and Form of Application Submission." The Standard Forms (SF) are auto generated in ND Grants, but applicants may access these forms in advance through the Forms tab under the SF -424 family on Grants.gov. Applicants should review these forms before applying to ensure they have all the information required. For additional application submission requirements, including program -specific requirements, please refer to the subsection titled "Content and Form of Application Submission" under Section D of this NOFO. 9. Timely Receipt Requirements and Proof of Timely Submission As application submission is a two-step process, the applicant with the AOR role who submitted the application in Grants.gov will receive an acknowledgement of receipt and a tracking number (GRANTXXXXXXXX) from Grants.gov with the successful transmission of its initial application. This notification does not serve as proof of timely submission, as the application is not complete until it is submitted in ND Grants. Applicants can also view the ND Grants Agency Tracking Number by accessing the Details tab in the submitted workspace section in Grants.gov, under the Agency Tracking Number column. Should the Agency Tracking Number not appear, the application has not yet migrated from Grants.gov into the ND Grants System. Please allow 24 hours for your ND Grants application tracking number to migrate. All applications must be received in ND Grants by 5:00 PM ET on the application deadline date. Proof of timely submission is automatically recorded by ND Grants. An electronic date/time stamp is generated within the system when the application is successfully received by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive a system -generated email to confirm receipt. 10. Content and Form of Application Submission A. STANDARD REQUIRED APPLICATION FORMS AND INFORMATION The following forms or information are required to be submitted in either Grants.gov or ND Grants. The Standard Forms (SF) are submitted either through Grants.gov, through forms generated in ND Grants, or as an attachment in ND Grants. Applicants may also access the SFs at https://www.gcanjigov/web grants/formsl5f-424-family.html. I. GRANTS.GOV ■ SF -424, Application for Federal Assistance, initial application submitted through Grants.gov ■ Grants.gov Lobbying Form, Certification Regarding Lobbying, submitted through Grants.gov II. ND GRANTS ■ SF -424A, Budget Information (Non -Construction), submitted via the forms generated by ND Grants o For construction under an award, submit SF -424C, Budget Information (Construction), submitted via the forms generated by ND Grants, in addition to or instead of SF -424A o To comply with 2 C.F.R. § 200.402 - 2 C.F.R. § 200.405, HSGP applicants must complete and submit an SF -424A or SF -424C, as appropriate, reflecting cost breakdown per budget cost categories per sub -program (SHSP, UASI, OPSG) and Management and Administration costs as applicable to align with the SHSP and UASI allocations and OPSG requests. The SF -424A or SF -424C with the pre -filled requirements can be found with the HSGP NOFO and associated attachments on grants.gov. Adjustments to the SF -424A or SF -424 C may be required after the FY 2022 OPSG allocations are finalized. GPD Grants Management Specialists will contact applicants for any necessary revisions. SF -4248, Standard Assurances (Non -Construction), submitted via the forms generated by ND Grants o For construction under an award, submit SF -424D, Standard Assurances (Construction), submitted via the forms generated by ND Grants, in addition to or instead of SF -424B o SF -LLL, Disclosure of Lobbying Activities, submitted via the forms generated by ND Grants o Indirect Cost Agreement or Proposal, submitted as an attachment in ND Grants if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement or proposal. If the applicant does not have or is not required to have an indirect cost rate agreement or proposal, please see Section D.13 of this NOFO, "Funding Restrictions and Allowable Costs," for further information regarding allowability of indirect costs and whether alternatives to an indirect cost rate agreement or proposal might be available or contact the relevant FEMA staff identified in Section G of this NOFO, "DHS Awarding Agency Contact Information" for further instructions. Generally, applicants have to submit either the non -construction forms (i.e., SF -424A and SF - 42413) or construction forms (i.e., SF -424C and SF -424D), meaning that applicants that only have construction work and do not have any non -construction work need only submit the construction forms (i.e., SF -424C and SF -424D) and not the non -construction forms (i.e., SF - 424A and SF -424B), and vice versa. However, applicants who have both construction and non - construction work under this program need to submit both the construction and non - construction forms. B. PROGRAM -SPECIFIC REQUIRED FORMS AND INFORMATION I. IJ Development: SHSP and UASI As part of the FY 2022 HSGP application process for SHSP and UASI funds, applicants must develop formal lis that address the proposed investments. Failure to fulfill all of the terms contained in this section will be considered by DHS/FEMA in its evaluation of the effectiveness of the I -Is submitted to meet the minimum percent spend requirement for the National Priority Areas. Failure to sufficiently align projects to the National Priority Areas and meet the minimum percent spend requirement will result in funds being placed on hold until those issues are addressed. FY 2022 SHSP and UASI applications must include one (1) IJ and at least one (1) respective project for each of the four National Priority Areas with a minimum spend requirement (Soft Targets/Crowded Places, Intelligence and Information Sharing, Countering Domestic Violent Extremism, and Community Preparedness and Resilience) identified in this NOFO. Each of these I -Is must also meet or exceed the minimum percent spend requirement based on the applicant's SHSP and UASI allocation stated in this NOFO. All projects associated with the minimum spend of a National Priority Area mustbe submitted in the same U. SAAB may submit complete project -level information at the time of application but are not required to do so at the time of application. However, any SHSP or UASI application that does not include an IJ for each National Priority Area that meets the minimum spend requirement will have that funding placed on hold (up to the National Priority Area minimum percent and up to 30 percent of the total SHSP or UASI allocations) until those Us and project -level details that sufficiently address the National Priority Areas are received and approved by DHS/FEMA. Each IJ must demonstrate how proposed investments: ■ Support terrorism preparedness; and ■ Support closing capability gaps or sustaining capabilities identified in the community's THIRA/SPR process. Each IJ must explain how the proposed investments will support the applicant's efforts to: ■ Prevent a threatened or an actual act of terrorism; ■ Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness; ■ Protect citizens, residents, visitors, and assets against the greatest threats and hazards, relating to acts of terrorism; and/or ■ Respond quickly and equitably to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act of terrorism or other catastrophic incidents. If not included in the application, SHSP and UASI recipients must submit complete project - level information for each SHSP and UASI IJ as part of the Biannual Strategy Implementation Report (BSIR) due by January 30, 2023. This includes Us for the National Priority Areas. DHS/FEMA will evaluate the effectiveness of the projects submitted in support of the National Priority Areas, either at the time of application or as part of the December 2022 BSIR. DHS/FEMA will not reduce FY 2022 HSGP awards based on the effectiveness review but will work with recipients to ensure compliance with the National Priority Area requirements based on the results of the effectiveness review. Recipients and subrecipients will not be permitted to expend funding under the National Priority Areas until the effectiveness of the proposed projects has been reviewed and confirmed by FEMA. II. Development of Investments and Projects: SHSP and UASI ■ Applicants must propose at least four and may include up to 12 investments. ■ Within each investment, applicants must propose at least one project to describe the activities they plan to implement with SHSP and UASI funds. There is no limit to the number of projects that may be submitted. Required National Priority Area Us must include the name of the priority in the investment name for easy identification. ■ All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including: o Project name; o Project description; o Subrecipient name, if applicable; o Recipient type (e.g., state or local); o Project location (zip code of the primary location of the project); o Primary core capability the project supports; o Whether the project activities are shareable and deployable; and o Which National Priority Area (if any) the project supports. ■ Projects should describe how the proposed investment supports closing capability gaps or sustaining capabilities identified in the THIRA/SPR process. FEMA encourages states to use any DHS provided assessments, such as those performed by DHS's Protective Security Advisors and Cybersecurity Advisors, when developing their Us. III. National Priority Area Investments: SHSP and UASI States are encouraged to review the Strategic Framework fQ Countering Terrorism and Targeted Violence when developing investments. ■ Soft Targets/Crowded Places (3 percent) Soft targets and crowded places are increasingly appealing to terrorists and other violent extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other violent extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers, parks, restaurants, shopping centers, special event venues, polling places, and similar facilities. The malicious use of unmanned aircraft systems poses a threat to the safety and security of the American people, communities, and institutions. Technologies to detect or mitigate unmanned aircraft systems are an allowable use under the HSGP in accordance with the Domestic Counter -Unmanned Aircraft Systems (UAS) National Action Plan. Recipients should ensure that, prior to the testing, acquisition, installation, or use of UAS detection and/or mitigation systems, they seek the advice of counsel experienced with both federal and state criminal, surveillance, and communications laws which may apply to the use of such technologies. Given the increased risk to soft targets and crowded places, at least one investment must be in support of the state's and high-risk urban area's efforts to protect soft targets/crowded places. Additionally, the proposed investment must meet or exceed the FY 2022 national priority percentage for soft targets/crowded places and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments. States are also encouraged to engage DHS' Protective Security Advisors' security assessments of soft targets to ensure that recommendations from those assessments are taken into consideration when allocating grant funding. Additional resources and information regarding securing soft targets and crowded places are available through the bersecurity and Infrastructure Security Agency. and the National institute of Standards and Technology. ■ Information and Intelligence Sharing (3 percent) Effective homeland security operations rely on access to, analysis of, and the timely sharing of open source, unclassified, and classified information, suspicious activity reports, tips/leads, and actionable intelligence on indicators and behaviors to accurately identify, assess, and mitigate a wide array of threats against the United States, including terrorism, threats to life, targeted violence, and other threats within the DHS mission space. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism - including both international and domestic terrorism, cybersecurity, border security, transnational organized crime, immigration enforcement, economic security, and other areas, while upholding privacy, civil rights and civil liberties protections, is critical to homeland security operations and the prevention of, preparation for, protection against, and response to acts of terrorism, and other threats to life and criminal acts of targeted violence. Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support of the state's and high-risk urban area's efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants mustjustify persuasively how they will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness. Additionally, the proposed investment must meet or exceed the FY 2022 national priority percentage for information sharing and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments. Additional resources and information regarding collaboration and information sharing are available through the Department's jQffiice of Intelligence and Analysis. ■ Domestic Violent Extremism (3 percent) As stated in the October 2020 DHS Homeland Threat Assessment, domestic violent extremists, including ideologically motivated lone offenders and small groups, present the most persistent and lethal terrorist threat to the Homeland. These violent extremists capitalize on social and political tensions, which have resulted in an elevated threat environment. They utilize social media platforms and other technologies to spread violent extremist ideologies that encourage violence and influence action within the United States. The COVID-19 pandemic has further created an environment that may lead to accelerated mobilization to targeted violence and/or radicalization to domestic terrorism, including leveraging lawful protests to incite violence, intimidate targets, and promote their violent extremist ideologies. Given the rise of domestic violent extremism in recent years, at least one investment must be in support of the state's and high-risk urban area's efforts to combat the rise, influence, and spread of domestic violent extremism. Additionally, the proposed investment must meet or exceed the FY 2022 national priority percentage for domestic violent extremism and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments. Additional resources and information regarding domestic violent extremism are available through Lentgr f r Prevention Programs anPartnership s l_H-ornelandecurity_(dhs.gov).. ■ Cybersecurity (no minimum percent) Today's world is more interconnected than ever before, but with increased connectivity comes increased risk of our adversaries, including terrorists, exploiting cyber vulnerabilities and weaknesses to disrupt our way of life. While not required, applicants are encouraged to submit an investment related to their ongoing or near-term high priority cybersecurity projects. The investment will be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments. Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2022 HSGP grant awards will be required to complete the 2022 Nationwide cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO) or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. The 2022 NCSR is estimated to be open from October 2022 - February 2023. The NCSR is an annual requirement for recipients and subrecipients of HSGP funds. Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. Although not required by SLTTs that did not receive HSGP funds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evaluate their cybersecurity posture. For detailed information and background on the NCSR, please see IB 439. Additional resources and information regarding cybersecurity are available through the cybersecurity and Infrastrljcture Securi yAgency_and the National Institute of tan ards and Technology. ■ Community Preparedness and Resilience (3 percent) Community organizations are the backbones of American civic life, both during "blue skies" and in the aftermath of terrorist attacks. Community organizations, such as homeless shelters, food banks, public libraries, faith -based institutions, and nonprofit medical providers must have the capabilities to withstand acts of terrorism and provide essential services, especially to members of underserved communities, in the aftermath of an attack. In addition, individual citizens and volunteer responders, such as Community Emergency Response Teams, are often the first on the scene after a terrorist attack. The ability of these volunteers to provide assistance to their fellow citizens prior to the arrival of professional first responders is paramount to a community's resilience. FEMA's 2021 National Household Survey recorded an 11% decline in the number of Americans that have taken at least three preparedness actions to bolster individual and household resilience. In addition, the COVID- 19 pandemic has placed a significant burden on community-based organizations such as homeless shelters, food banks, public libraries, faith based institutions, and nonprofit medical providers to continue to provide key services during and after disasters, including acts of terrorism. This National Priority Area will bolster community preparedness and resilience by investing in local, community -driven capabilities. Additionally, equity in emergency management requires proactively prioritizing actions that reinforce cultural competency, accessibility, and inclusion, as well as reflect the historical context of specific groups of people. To that end, states, territories, and high-risk urban areas are strongly encouraged to explore how SHSP- and UASI-funded activities can address the needs of underserved, at -risk communities to help ensure consistent and systematic, fair, just, and impartial treatment of all individuals before, during, and after a disaster. The focus on equity and investing in strategies that meet the needs of underserved communities will strengthen the whole of community system of emergency management. Substantial and ongoing prioritization of, and investment in, underserved communities is essential forthe entire system to be effective and efficient. Engaging the whole community requires all members of the community to be part of the emergency management team, including representatives of underserved communities, diverse community members, social and community service groups and institutions, faith -based and disability advocacy groups, academia, professional associations, the private and nonprofit sectors, and government agencies that may not traditionally have been directly involved in emergency management. The whole community includes children; older adults; individuals with disabilities and others with access and functional needs; those from religious, racial, and ethnically diverse backgrounds; people with limited English proficiency; and owners of animals including household pets and service animals. These factors underpin the requirement that at least one investment must be in support of the state's and urban area's efforts to address community preparedness and resilience. Additionally, the proposed investment must meet or exceed the FY 2022 national priority percentage for community preparedness and resilience and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments. Additional resources and information regarding community preparedness and resilience are available through Individuals and Comm ni ies I FEMA.gov. w Election Security (no minimum percent) In January 2017, DHS designated the infrastructure used to administer the Nation's elections as critical infrastructure. This designation recognizes that the United States' election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on the country. Securing election infrastructure and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation. As such, while not required, applicants are encouraged to submit an investment related to their election security needs. If submitted, the investment will be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments. Any activities proposed that could be used to suppress voter registration or turnout will not be approved. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency_. IV. Development of Fusion Center Projects: SHSP and UASI Each applicant must identify a fusion center project that will: ■ Indicate alignment to a designated Fusion Center; and ■ Provide both a brief narrative description and funding itemization for the proposed project activities that directly support the designated fusion center. The descriptive narrative and the financial itemization should align improvement or sustainment requests with fusion center activities as they relate to the Fusion Center Performance Measures found in the Preparedness Grants Mgn!jgL Sample Fusion Center Funding Itemization A sample project description and funding itemization are below. For the itemized projects, clearly identify the anticipated fusion center performance improvement or sustainment as a result of the proposed funding. The X Fusion enhancement project will fund. ■ Salaries, benefits, and training for number of Fusion Center intelligence analysts ■ Travel costs associated with fusion center analyst training ■ This project will directly sustain the Center's current capabilities and performance and directly aligns with performance measures 2022.XXX ■ We anticipate seeing an improvement in the quality and quantity of analytic production and responses to requests for information as a direct result of the funding of this project The funding itemization for a fusion center project should include the amount and percent of each relevant solution area. As an example: Solution Area and Amount of Proposed Funding Percent of Proposed Funding Planning: $10,000 2% Organization: $200,000 48% Equipment: $200,000 48% Solution Area and Amount of Proposed Funding Percent of Proposed Funding Training: $10,000 2% Exercises: $0 0% Total: $420,000 100% V. Completing Us in the Grant Reporting Tool (GRT): SHSP and UASI In the Related Documents section of the Grants.gov posting, applicants can find the IJ template and instructions for collecting the required information for investments and projects. Additionally, applicants should utilize the Project Worksheet located in Grants.gov posting to assemble the information required for each project, which will facilitate the input of that information into the GRT. Applicants must ensure the appropriate National Priority Area "Investment Type" (Overview Tab - Investment Information Section) is selected for the corresponding National Priority Area. VI. Development of Concept of Operations for OPSG As part of the FY 2022 OPSG application process, each eligible local unit of government at the county or federally recognized tribal government level must develop a strategic plan called a Concept of Operations (CONOP)/Application, which is a formal proposal of action to address a specific situation and forms the basis for Operations Orders, in coordination with state and federal law enforcement agencies, to include, but not limited to CBP/USBP. CONOPs 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 CONOP/Application should describe participating agencies in the Executive Summary. CONOP/Application details should include the names of the agencies, points of contact, and individual funding requests. All CONOPs/Applications must be developed in collaboration with the local USBP sector office, the SAA, and the local unit of government. Requests for funding in CONOPs/Applications must be based on risks and the operational enforcement support requirements of its corresponding USBP Sector, as well as the national priorities identified below. USBP Sector offices will forward the CONOPs to USBP Headquarters for vetting and coordination. Applicants will forward corresponding OPSG Applications to the SAA for submission to FEMA. USBP Headquarters will reconcile all submitted CONOPs with the OPSG Applications. FEMA will review and evaluate all CONOPs and OPSG Applications and funding will be allocated based on the review and selection criteria identified in this NOFO. OPSG Applicants will be required to clearly articulate and identify how the CONOPs will address the national priority identified below: ■ Information and Intelligence Sharing and Cooperation Effective border security operations rely on access to, analysis of, and the timely sharing of open source, unclassified, and classified information, suspicious activity reports, tips/leads, and actionable intelligence on indicators and behaviors to accurately identify, assess, and mitigate a wide array of threats against the United States, including terrorism, threats to life, targeted violence, and other threats within the DHS mission space. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. One critical, statutorily required mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including both international and domestic terrorism, cybersecurity, transnational organized crime, economic security, border security, immigration enforcement, and other areas, while upholding privacy, civil rights and civil liberties protections, is critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism, and other threats to life and criminal acts of targeted violence. Given the importance of information sharing and collaboration to effective homeland security solutions, the CONOP must support the recipient's efforts to enhance information sharing and cooperation with DHS and other federal agencies. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the OPSG program and a culture of national preparedness. Additional resources and information regarding collaboration and information sharing are available through the Department's Office of Intelligence anLl &nL1yS[2. VII. Detailed Budget Applicants must provide budget summary worksheets for all funds requested at the time of application. The budget summary worksheets must be complete, reasonable, and cost- effective in relation to the proposed project and should provide the basis of computation of all project -related costs (including management and administrative costs) and any appropriate narrative. FEMA must be able to thoroughly evaluate the projects being submitted based on the information provided. FEMA must be able to determine how much funding is being passed through to subrecipients for each sub -program (UASI, SHSP, OPSG). Consequently, applicants must provide an appropriate level of detail within the budget summary worksheets to clarify what will be purchased and spent. Sample budget summary worksheets are available on the grants.gov posting for the HSGP in the Related Documents tab and may be used as a guide to assist applicants in the preparation of budgets and budget narratives. 11. Other Submission Requirements FUSION CENTER INVESTMENTS Of the proposed SHSP- and UASI-funded investments, one single project must be in support of a designated fusion center. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop the fusion center projects below and in the Preparedness Grants Manual. EMERGENCY COMMUNICATIONS INVESTMENTS All emergency communications investments must describe how such activities align with needs identified in their Statewide Communication Interoperability Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) and/or Statewide Interoperability Governing 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. Effective project alignment will require advance coordination with the SWIC and consultation with governing bodies such as the SIGB or Statewide Interoperability Executive Committee (SIEC), as they serve as the primary steering group for the statewide interoperability strategy. Additionally, recipients should consult subject matter experts serving on governance bodies, such as broadband experts, chief information officers, representatives from utilities, or legal and financial experts, when developing proposals. The investment name must include the words "emergency communications" to easily identify any emergency communications investments. 12. Intergovernmental Review An intergovernmental review may be required. Applicants must contact their state's Single Point of Contact (SPDC) to comply with the state's process under Executive Order 12372 (See https:IJwww.archives.gov/federal-register codification]-executive-orderj12372.htrnL https://www.whiteliouse.gov/wp-content/upicads]2020/04/SPOC-4-13-20. per. 13. Funding Restrictions and Allowable Costs All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200, unless otherwise indicated in the NOFO, the terms and conditions of the award, or the Preparedness Grants Manual. This includes, among other requirements, that costs must be incurred, and products and services must be delivered, within the period of performance of the award. See2 C.F.R. § 200.403(h) (referring to budget periods, which for FEMA awards under most programs, including this program, is the same as the period of performance). Federal funds made available through this award maybe used forth e purpose set forth in this NOFO, the Preparedness Grants Manual, and the terms and conditions of the 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 awards, 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. See the Preparedness Grants Manual for more information on funding restrictions and allowable costs. A. PROHIBITIONS ON EXPENDING FEMA AWARD FUNDS FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES Recipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to FEMA recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Guidance is available at Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment gr Services (interim FEMA Policy # 405-143-1, or superseding document. Additional guidance is available Contract Provisions Guide: Navigating Appendix II to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards.(fema.gov), Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to: Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 2. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or 3. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. I. REPLACEMENT EQUIPMENT AND SERVICES FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the NOFO and the Preparedness Grants Manual. II. DEFINITIONS Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered telecommunications equipment orservices means: 1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3. Telecommunications or video surveillance services provided by such entities or using such equipment; or 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. Examples of the types of products covered by this prohibition include phones, internet, video surveillance, and cloud servers when produced, provided, or used by the entities listed in the definition of "covered telecommunications equipment or services." Seel C.F.R. § 200.471. B. PRE -AWARD COSTS Pre -award costs are allowable only with the prior written approval of DHS/FEMA and as included in the award agreement. To request pre -award costs, a written request must be included with the application, signed by the AOR of the entity. The letter must outline what the pre -award costs are for, including a detailed budget break-out of pre -award costs from the post -award costs, and a justification for approval. C. MANAGEMENT AND ADMINISTRATION (M&A) COSTS M&A costs are allowed. Recipients may use a maximum of up to 5% of HSGP funds awarded for their M&A, and any funds retained are to be used solely for M&A purposes associated with the HSGP award. Subrecipients may also use a maximum of up to 5% of the funding passed through by the state solely for M&A purposes associated with the HSGP award. M&A activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. M&A expenses must be based on actual expenses or known contractual costs. M&A requests that are simple percentages of the award, without supporting justification, will not be allowed or considered for reimbursement. A maximum of up to five percent 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. Subrecipients may also retain a maximum of up to five percent of the funding passed through by the state solely for M&A purposes associated with the HSGP award. M&A costs are not operational costs. They are the necessary costs incurred in direct support of the grant or as a consequence of the grant and should be allocated across the entire lifecycle of the grant. Examples include preparing and submitting mquired programmatic and financial reports, establishing and/or maintaining equipment inventory, documenting operational and equipment expenditures for financial accounting purposes, responding to official informational requests from state and federal oversight authorities, including completing the Civil Rights Evaluation Tool as required by DHS, and grant performance measurement or evaluation activities. Please see the Preparedness Grants M@nual for additional information on direct costs. Recipients or subrecipients may apply or credit M&A funding toward the recipient's requirement to allocate funding toward the five National Priority Areas. For example, if a recipient spends $5,000 to manage or administer its funding dedicated toward its soft targets/crowded places investment, the recipient may credit that funding toward its requirement to allocate at least 3 percent of its award to the enhancing the protection of soft targets and crowded places National Priority Area. A state's HSGP funds for M&A calculation purposes includes the total of its SHSP, UASI, and OPSG awards. While the SAA may retain up to five percent of this total for M&A, the state must still ensure that all subrecipient award amounts meet the mandatory minimum pass-through requirements that are applicable to each HSGP program. To meet this requirement, the percentage of SHSP and UASI funds passed through to local or tribal jurisdictions must be based on the state's total HSGP award prior to withholding any M&A. In retaining these funds, states may retain a maximum of 2.5 percent of the OPSG allocation, which must be withheld from the pass through to each subrecipient county or tribe in an equal percentage. The SAA may also retain additional funding from its SHSP award to manage and administer the OPSG award, but that additional amount is also capped at an amount equal to 2.5 percent of the OPSG award. Examples applying this principle: SAA 1: ■ Total award: $6,000,000 ■ SHSP: $1,000,000 OPSG: $2,500,000 UASI: $2,500,000 ■ M&A Maximum: $300,000 (5 percent of $6,000,000) ■ Maximum M&A for SHSP = $50,000 ■ Maximum M&A for OPSG = $125,000. Of that amount, $62,500 (2.5 percent) maybe retained from the OPSG allocation, and the other $62,500 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $50,000 available to manage the SHSP allocation. ■ Maximum M&A for UASI = $125,000 SAA 2: ■ Total award: $4,500,000 ■ SHSP: $3,500,000 OPSG: $1,000,000 ■ M&A Maximum: $225,000 (5 percent of $4,500,000) ■ Maximum M&A for SHSP = $175,000 ■ Maximum M&A for OPSG = $50,000. Of that amount, $25,000 (2.5 percent) maybe retained from the OPSG allocation, and the other $25,000 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $175,000 available to manage the SHSP allocation. HSGP recipients area [so reminded that any M&A charged to a recipient's or sub recipient's UASI funding must be directly allocable to administration of the UASI grant program and cannot be used to cover M&A costs that are directly allocable to SHSP or OPSG funding. Similarly, any M&A charged to a recipient's or subrecipient's SHSP or OPSG funding cannot be used to cover M&A costs directly allocable to UASI funding. Please note, IB 365: Management and Administration Costs in the Homeland Security Grant Program and DHS/FEMA Policy 207-087-1 do not apply to awards made in FY 2022 under this NOFO. Please also reference IB 416 for additional clarification on OPSG M&A, but to the extent that there is any conflict between IB 416 and this NOFO, the requirements of this NOFO will apply to FY 2022 awards made under this NOFO. D. INDIRECT FACILITIES & ADMINISTRATIVE (F&A) COSTS Indirect costs area [Iowa ble under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Not all applicants are required to have a current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Applicants who do not have a current negotiated indirect cost rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to the FEMA Grants Management Specialist for further instructions. Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to the FEMA Grants Management Specialist for further instructions. Post -award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above or based upon on the de minimis rate or cost allocation plan, as applicable. E. FUNDS TRANSFER RESTRICTION The recipient is prohibited from transferring funds between programs (includes SHSP, UASI, and OPSG). Recipients can submit an investment/project where funds come from multiple funding sources (e.g., SHSP and UASI), however, recipients 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/FEMA. F. OTHER DIRECT COSTS I. Planning Planning costs are allowed under this program. Please see the Preparedness Grants Manual for more information. 111. Organization Organization costs are allowed under this program. Please see the Preparedness Grants Manual for more information. Ill. Equipment Equipment costs are allowed under this program. Please see the Prej'2:, rr_rincss Grants Manual for more information. General Purpose Equipment HSGP allows expenditures on general purpose equipment if it aligns to and supports one or more core capabilities identified in the Goal and has a nexus to terrorism preparedness. General purpose equipment, like all equipment funded under the HSGP, must be sharable through the EMACS and allowable under 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended. Examples of such general-purpose equipment may include: o Law enforcement vehicles; o Emergency medical services (EMS) equipment and vehicles; o Fire service equipment and vehicles, to include hose, pump accessories, and foam concentrate for specialized CBRNE response; o Interoperability of data systems, such as computer aided dispatch (CAD) and record management systems (RMS); and o Office equipment for staffA engaged in homeland security program activity. Controlled Equipment For decades, the federal government has provided equipment to state, local, and tribal law enforcement agencies (LEAs) through federal grants. Some federal grant programs have assisted LEAs as they carry out their critical missions to keep the American people safe. The equipment acquired by LEAs through these programs includes administrative equipment, such as office furniture and computers. Some federal grant programs also may include military and military -styled equipment, firearms, and tactical vehicles provided by the federal government, including property covered under 22 C.F.R. Part 121 and 15 C.F.R. Part 774 (collectively, "controlled equipment"). However, not all equipment that is considered controlled equipment is allowable under the HSGP. As discussed below, certain equipment is "prohibited" and is not allowable under HSGP. For some controlled equipment that is allowable under the HSGP, additional documentation, justifications, reviews, and approvals are required, including but not limited to proof of policies and procedures to safeguard individuals' privacy, civil rights, and civil liberties. DHS/FEMA will continue to collaborate with federal agency partners to ensure that there is a consistent and reasonable approach to the restrictions placed on controlled equipment expenditures while continuing to support these investments when there is a justifiable need. Further, DHS/FEMA will continue to maintain an awareness of the evolving policy developments related to controlled equipment expenditures and keep grant recipients up to date on future developments. Grant funds under this program may not be used for the purchase of equipment not approved by DHS/FEMA. The purchase of tracked armored vehicles, camouflage uniforms, weapons and weapons accessories, including ammunition, is not allowed with HSGP funds. Grant funds under this program must also comply with IB 426 and may not be used for the purchase of the following equipment: 1) firearms; 2) ammunition; 3) grenade launchers; 4) bayonets; or 5) weaponized aircraft, vessels, orvehicles of any kind with weapons installed. IV. Training Training costs are allowed under this program. Please seethe Pr2paredness Grants Manual for more information. V. Exercises Exercise costs are allowed under this program. Please see the Preparedness Grants Manual for more information. VI. Personnel Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, organization, training, exercise, and equipment activities. Under OPSG, overtime costs are allowable only in so far as they meet the intent of the program. All recipients and subrecipients of HSGP funds, including SHSP, UASI, and OPSG allocations, may not use more than 50 percent of their awards to pay for personnel activities unless a waiver is approved by FEMA. For more information on the 50 percent personnel cap, please see FEMA IB 421b, Clarification on the Personnel Reimbursement forintelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110-412) - the PRICE Act. Please see the Prei-)at dness Grants Manual for more information. VII. Operational Overtime Operational overtime costs are allowed under this program. Prior to use of funds for operational overtime, recipients must receive approval from DHS/FEMA. Operational overtime costs are also subject to the 50 percent personnel cap. Please see the Preparedness Grants Manual for more information. VIII. Travel Domestic travel costs are allowed under this program, as provided for in this NOFO and in the Preparedness Grants Manual. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA. IX. Construction and Renovation Construction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction and renovation costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds. Applicants must use the Environmental Planning and Historical Preservation (EHP) approval process. Limits on the total amount of grant funding that may be used for construction or renovation may apply. Additionally, recipients are required to submit SF -424C and SF -424D. Please see the Preparedness Grants Manuat for more information. X. Maintenance and Sustainment Maintenance- and sustainment-related costs, such as maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees, are allowable. Please see the Preparedness Grants Manual for more information. XI. Critical Emergency Supplies Critical emergency supplies are allowed underthis program. Please see the Preparedness Grants Manual for more information. XII. Secure Identification Secure Identification costs are allowed under this program. Please see the Preparedness Grants Manual for more information. Allowable Cost Matrix The following matrix provides allowable cost activities that fall under each of the cost categories noted above. Recipients and subrecipients must follow all applicable requirements in 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. HSGP funds may be used to cover the costs for evaluating the impact of these grants on the state or urban area's core capabilities and capability gaps. This list is not exhaustive, therefore, if there are any questions regarding allowable costs, please contact the appropriate HQ FEMA Preparedness Officer. For additional information on allowable costs, see the Preparedness Grants Manual. TABLE [1] Except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. [2] This applies to all homeland security personnel and is not limited to M&A staff, and costs are to be captured outside the cap on M&A costs E. Application Review Information 1. Application Evaluation Criteria A. PROGRAMMATIC CRITERIA I. Risk Methodology The risk methodology determines the relative risk of terrorism faced by a given area considering the potential risk of terrorism to people, critical infrastructure, and economic security. The analysis includes, but is not limited to, threats from violent domestic extremists, international terrorist groups, and individuals inspired by terrorists abroad. See the Preparedness Grants Manual for additional information on the risk methodology. NOTE: The THIRA/SPR process is separate from the risk methodology and its results do not affect grant allocations. The Risk Methodology is used to inform allocations under HSGR For more information on the SHSP, UASI, and OPSG allocation processes, please see Section B.1 of this NOFO, "Available Fu nd i ng for the NOFO." II. Application Evaluation Criteria FEMA will evaluate the FY 2022 HSGP applications for completeness, adherence to programmatic guidelines, and anticipated effectiveness of the proposed investments. FEMA's review will include verification that each IJ and project: ■ Aligns with at least one core capability identified in the Goal; m Demonstrates how investments support closing capability gaps or sustaining capabilities identified in the THIRA/SPR process; and ■ Supports a NIMS-typed resource and whether those assets are deployable/shareable to support emergency or disaster operations per existing EMAC agreements. In addition to the above, FEMA will evaluate whether proposed projects are: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the three-year period of performance. FEMA will use the information provided in the application and after the submission of the first BSIR to determine the feasibility and effectiveness of a grant project. To that end, Us should include: An explanation of how the proposed project(s) will achieve objectives as identified in the SPR, including expected tong -term impact where applicable, and which core capability gap(s) it helps to close and how; A summary of the status of planning and design efforts accomplished to date (e.g., included in a capital improvement plan); and ■ A project schedule with clear milestones. Recipients are expected to conform, as applicable, with accepted engineering practices, established codes, standards, modeling techniques, and best practices, and participate in the development of case studies demonstrating the effective use of grant funds, as requested. FEMA will also review any submitted National Priority Area -aligned IJs and projects to ensure they meet the minimum spend requirements. Additional information on how the National Priority Area Us and projects will be reviewed for effectiveness is included in the Review and Selection Process section below. B. FINANCIAL INTEGRITY CRITERIA Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget (OMB) -designated repositories of governmentwide eligibility qualification or financial integrity information, including whether the applicant is suspended or debarred. FEMA may also pose additional questions to the applicant to aid in conducting the pre -award risk review. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant: 1. Financial stability. 2. Quality of management systems and ability to meet management standards. 3. History of performance in managing federal award. 4. Reports and findings from audits. 5. Ability to effectively implement statutory, regulatory, or other requirements. C. SUPPLEMENTAL FINANCIAL INTEGRITY CRITERIA AND REVIEW Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000: 1. FEMA is required to review and consider any information about the applicant, including information on the applicant's immediate and highest -level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS). 2. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered. 3. FEMA will consider any comments by the applicant, in addition to the other information in FAPI IS, in making a judgment about the applicant's integrity, business ethics, and record of performance underfed era I awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206. 2. Review and Selection Process I. SHSP and UASI All proposed investments will undergo a federal review by DHS/FEMA to verify compliance with all administrative and eligibility criteria identified in the NOFO. The federal review will be conducted by FEMA HQ Preparedness Officers. FEMA HQ Preparedness Officers will use a checklist to verify compliance with all administrative and eligibility criteria identified in the NOFO. Recipients must be able to demonstrate how investments support closing capability gaps or sustaining capabilities identified in the THIRA/SPR process. Us will be reviewed at both the investment and project level. Emergency communications investments will be jointly reviewed by FEMA and the DHS Emergency Communications Division (ECD) to verify compliance with SAFECOM guidance. FEMA and ECD will coordinate directly with the recipient on any compliance concerns and will provide technical assistance as necessary to help ensure full compliance. Additional Effectiveness Evaluation Criteria for the National Priority Areas FEMA will evaluate the FY 2022 HSGP Us and projects submitted in support of the National Priority Areas for anticipated effectiveness. FEMA's review will include verification that each IJ or project meets the National Priority Area required spend percentages. Cybersecurity investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO. Soft Targets/Crowded Places investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO. Information Sharing and Cooperation Investments will be reviewed by DHS/FEMA, DHS Office of Intelligence and Analysis, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO. For additional information on Fusion Center requirements, please see the Preparedness Grants Manual. Domestic violent extremism investments will be reviewed by DHS/FEMA, DHS Office of Intelligence and Analysis, DHS Center for Prevention Programs and Partnerships, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this NOFO. Community preparedness and resilience investments will be reviewed by DHS/FEMA and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this N0FO. Election security investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this NOFO. FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness. This includes factors such as the objectives and strategies proposed to address the priority area, how the objectives and strategies overcome legal, political, or practical obstacles to reduce overall risk, the process and criteria to select additional relevant projects, and the approach to monitor awards to satisfy the funding percentage allocations. For applicants that elect to submit Us and project -level details for the National Priority Areas at the time of application, effectiveness will be evaluated prior to award. If the projects are found to not sufficiently align with the National Priority Area(s), applicants may have funds placed on hold (up to 30 percent) until the projects are revised to satisfactorily address the National Priority Areas. For applicants that elect to submit Us and project -level details for the National Priority Areas as part of the December 2022 BSIR, they will have funds placed on hold in the amount of 30 percent. The hold will be released only after their December 2022 BSIR submission has been reviewed, and projects related to the National Priority Areas deemed in alignment by DHS/FEMA. SAAB are still required to meet pass-through requirements even if funds are on hold related to the National Priority Areas. To that end, Us should include: a How the proposed investment addresses the National Priority Area; m An explanation of how the proposed projects were selected and will achieve objectives and strategies to build or sustain the core capability gaps identified in the SPR, including expected long-term impact where applicable; ■ A summary of the collaboration efforts to prevent, prepare for, protect against, and respond to acts of terrorism as well as anticipated outcomes of the project. For FY 2022 SHSP and UASI investments and projects related to the National Priority Areas, effectiveness will be evaluated based on the following five factors: ■ Investment Strategy (40%).: Proposals will be evaluated based on the quality and extent to which applicants describe an effective strategy that demonstrates that proposed projects support the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the state, or the Nation. ■ Budget (20%),: Proposals will be evaluated based on the extent to which applicants describe a budget plan for each investment demonstrating how the applicant will maximize cost effectiveness of grant expenditures. ■ Impact/Outcomes (40%): Proposals will be evaluated on how this investment helps the jurisdiction close capability gaps identified in its SPR and addresses the relevant National Priority Area outlined in this NOFO. Further, proposals will be evaluated on their identification and estimated improvement of core capability(ies), the associated standardized target(s) that align with their proposed investment, and the ways in which the applicant will measure and/or evaluate improvement. ■ Past Performance (additional consideration): Proposals will be evaluated based on the applicants demonstrated capability to execute the proposed investments. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources. II.OPSG Applications will be reviewed by the SAA and USBP Sector Headquarters for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the Operations Orders. For more information on Operations Orders and other requirements of OPSG, see the Preparedness Grants Manual. DHS/FEMA will verify compliance with all administrative and eligibility criteria identified in the NOFO and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. DHS/FEMA and USBP will use the results of both the risk analysis and the federal review by DHS/FEMA to make recommendations for funding to the Secretary of Homeland Security. FY 2022 OPSG funds will be allocated among the eligible jurisdictions based on risk-based prioritization using the OPSG Risk Assessment described above. Final funding allocations are determined by the Secretary of Homeland Security, who may consider information and input from various law enforcement offices or subject -matter experts within the Department. Factors considered include, but are not limited to threat, vulnerability, miles of the border, and other border -specific law enforcement intelligence, as well as the feasibility of FY 2022 Operations Orders to designated localities within border states and territories. F. Federal Award Administration Information 1. Notice of Award Before accepting the award, the AOR and recipient should carefully read the award package. The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOW and the Preparedness Grants Manual as well as any specific terms and conditions in the Notice of Award to receive an award under this program. See the Preparedness Grgnts Manual for information on Notice of Award. 2. Pass -Through Requirements Awards made to the SAA for HSGP carry additional statutorily mandated pass-through requirements. Pass-through is defined as an obligation on the part of the SAA to make funds available to local units of government, combinations of local units, tribal governments, or other specific groups or organizations. These entities are defined at 6 U.S.C. § 101(13) as: A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whetherthe council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government. An Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation. ■ A rural community, unincorporated town or village, or other public entity. Four criteria must be met to pass-through grant funds: ■ The SAA must make a firm written commitment to passing through grant funds to subrecipients; ■ The SAA's commitment must be unconditional (i.e., no contingencies for the availability of SAA funds); ■ There must be documentary evidence (i.e., award document, terms, and conditions) of the commitment; and ■ The award terms must be communicated to the subrecipient. Timing and Amount The SAA must pass-through at least 80 percent of the funds awarded under SHSP and UASI to the above -defined local or tribal units of government within 45 calendar days of receipt of the funds. "Receipt of the funds" occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice of the award, whichever is earlier. SAAs are sent notification of HSGP awards via the GPD's ND Grants system. If an SAA accepts its award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45 calendar days pass-through period will start on the date the SAA accepted the award. Should an SAA not accept the HSGP award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45 calendar days pass-through period will begin 15 calendar days afterthe award notification is sent to the SAA via the ND Grants system. It is important to note that the period of performance start date does not directly affect the start of the 45 calendar days pass-through period. For example, an SAA may receive notice of the HSGP award on August 25, 2022, while the period of performance dates for that award are September 1, 2022, through August 31, 2025. In this example, the 45 -day pass-through period will begin on the date the SAA accepts the HSGP award or September 9, 2022 (15 calendar days after the SAA was notified of the award), whichever date occurs first. The period of performance start date of September 1, 2022, would not affect the timing of meeting the 45 - calendar day pass-through requirement. Other SHSP and-UASI Pass -Through -Requirements The signatory authority of the SAA must certify in writing to DHS/FEMA that pass-through requirements have been met. A letter of intent (or equivalent) to distribute funds is not considered sufficient. A letter of intent is not a firm commitment and if issued before FEMA makes the award, then a letter of intent is also not unconditional since it is inherently conditioned on receipt of funds. The pass-through requirement does not apply to SHSP awards made to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, or the Commonwealth of the Northern Mariana Islands. The Commonwealth of Puerto Rico is required to comply with the pass-through requirement, and its SAA must also obligate at least 80 percent of the funds to local units of government within 45 calendar days of receipt of the funds. Under SHSP, the SAA may retain more than 20 percent of funding for expenditures made by the state on behalf of the local unit(s) of government, such as expenditures by the state in order to pass through goods or services to local unit(s) of government in lieu of cash. This may occur only with the written consent, such as a Memorandum of Understanding, between the SAA and the local unit(s) of government. Separate written consent is necessary for each local unit of government in which more than 20 percent of funding is retained on their behalf by the state. The written consent must specify the amount of funds to be retained and the intended use of funds, including whether any goods or services will be passed through in lieu of cash. It must also be signed by authorized representatives of both the state and the local unit of government. States shall review their written consent agreements yearly and ensure that they are still valid. If a written consent agreement is already in place from previous fiscal years, DHS/FEMA will continue to recognize it for FY 2022, unless the written consent review indicates the local government is no longer in agreement. If modifications to the existing agreement are necessary, the SAA should contact their assigned FEMA HQ Preparedness Officer. However, even if a written consent agreement is in place from previous fiscal years, the SAA must still initially carry out the pass-through documentation for its FY 2022 award and comply with the four pass-through criteria described above before the written consent agreement can take effect for purposes of the FY 2022 funding. Additional OPSG Requirements 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 budget has been reviewed and approved through an official electronic mail notice issued by DHS/FEMA removing this special programmatic condition. 3. Administrative and National Policy Requirements In addition to the requirements in this section and elsewhere in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200. In addition to the information regarding DHS Standard Terms and Conditions and Ensuring the Protection of Civil Rights, see the Preparedness Grants Manual for additional information on administrative and national policy requirements, including the following: Environmental Planning and Historic Preservation (EHP) Compliance ■ FirstNet s National Incident Management System (NIMS) Implementation ■ SAFE COM G u i n i1 Em erg re icy Co mm u n i galig n 5.G-ra nts A. DHS STANDARD TERMS AND CONDITIONS All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at: DHS Standard Terms and Conditions. The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award. B. ENSURING THE PROTECTION OF CIVIL RIGHTS As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations. Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964, along with DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA. Recipients must complete the DHS Civil Rights Evaluation_ToQi within 30 days of receipt of the Notice of Award. Information about this requirement and a fuller list of the civil rights provisions that apply to recipients can be found in the DHS Standard Terms and Conditions of Award. Additional information on civil rights provisions is available at https://www.dtis.gov ivil-riglits-resoui-cel-i-ecipierlts-dlis-fiiiaiicial-assistaii e and https://www.fema.gov/about/offices/equal-rights civil-rights. Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7. In accordance with civil rights laws and regulations, recipients and subrecipients must ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. C. 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 historic properties to ensure that all activities and programs funded by FEMA, including grant -funded projects, comply with federal EHP laws, Executive Orders, regulations, and policies, as applicable. FEMA grant funding for new construction or substantial improvement must comply with Becutive Order (EO) 14030, Climate -Related Financial Risk and applicable FEMA implementing policies in place at the time of disbursement, including FEMA Policy #-206-21- 0003, Partial Implementation -of -the Federal Flood Risk Man gement Standard for Hazard Mitigation Assistance Programs (Interim)_(fema.gov).orsuperseding policies. Recipients and subrecipients proposing projects that have the potential to impact the environment, including, but not limited to, the 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 along with any supporting documentation requested by FEMA in order to determine whether the proposed project has the potential to impact environmental resources 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. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects. FEMA may not be able to fund projects that are not incompliance with applicable EHP laws, Executive Orders, regulations, and policies. DHS and FEMA EHP policy is found in directives and instructions available on the FEMA.gov EHP page, the FEMA website page that includes documents regarding EHP responsibilities and program requirements, including implementation of the National Environmental Policy Act and other EHP regulations and Executive Orders. The GPD EHP screening form is located at https://www.fema.gov/media- libraryLassets/documents/90195. Additionally, all recipients under this funding opportunity are required to comply with the FEMA GPD EHP Policy Guidance, FEMA Policy #108-023-1, available at https://www.fema,gov/media- libra ry/assetsfdocuments/85376. D. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) IMPLEMENTATION If an entity uses HSGP funding to support emergency communications investments, the following requirements shall apply to all such grant -funded communications investments in support of the emergency communications priorities and recognized best practices: ■ The signatory authority for the SAA must certify in writing to DHS/FEMA their compliance with the SAFECOM GOida17CC' o1r EmerencY Co►r munications Gra17rs. The certification letter should be coordinated with the SWIC for each state and must be uploaded to ND Grants at the time of the first Program Performance Report submission. o All states and territories must designate a full-time SWIC who has the authority and resources to actively improve interoperability with emergency management and response agencies across all levels of government, to include establishing statewide plans, policies, and procedures, and coordinating decisions on communications investments funded through federal grants. Note that the designated full-time SWIC may also be the state's or territory's cybersecurity point of contact. SWIC status information will be maintained by CISA and will be verified by FEMA GPD through programmatic monitoring activities. o By the period of performance end date, all states and territories must update the SCIP, with a focus on communications resilience/continuity, to include assessment and mitigation of all potential risks identified in the SCIP: natural disasters, accidental damage (human failures), intentional damage (sabotage, terrorism), cybersecurity, etc. Following the initial update, the SCIP should be updated on an annual basis. SCIP status information wilt be maintained by CISA and will be verified by FEMA GPD through programmatic monitoring activities. All states and territories must test their emergency communications capabilities and procedures (as outlined in their operational communications plans) in conjunction with regularly planned exercises (separate/addition emergency communications exercises are not required). Exercises should be used to both demonstrate and validate skills learned in training and to identify gaps in capabilities. Resilience and continuity of communications should be tested during training and exercises to the greatest extent possible. Further, exercises should include participants from multiple jurisdictions, disciplines, and levels of government and include emergency management, emergency medical services, law enforcement, interoperability coordinators, public health officials, hospital officials, officials from colleges and universities, and other disciplines and private sector entities, as appropriate. Findings from exercises should be used to update programs to address gaps in emergency communications as well as emerging technologies, policies, and partners. Recipients are encouraged to increase awareness and availability of emergency communications exercise opportunities across all levels of government. States, territories, and other eligible grant recipients are advised that HSGP funding may be used to support communications planning (including the cost of hiring a SWIC, participation in governance bodies and requirements delineated above), training, exercises, and equipment costs. Costs for transitioning to the FirstNet network may also be eligible. More information regarding FirstNet can be found in the Preparedness Grants Manual. 4. Reporting Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent. See the Preparedness Grants Manual for information on reporting requirements. 5. Monitoring and Oversight Per 2 C.F.R. § 200.337, FEMA, through its authorized representatives, has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide any required technical assistance. During site visits or desk reviews, FEMA will review recipients' files related to the award. As part of any monitoring and program evaluation activities, recipients must permit FEMA, upon reasonable notice, to review grant -related records and to interview the organization's staff and contractors regarding the program. Recipients must respond in a timely and accurate manner to FEMA requests for information relating to the award. See the Preparedness Grants Manual for information on monitoring and oversight. G. DHS Awarding Agency Contact Information 1. Contact and Resource Information A. PROGRAM OFFICE CONTACT FEMA has assigned state -specific Preparedness Officers for the HSGP. If you do not know your Preparedness Officer, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by email at askcsidcfem�gay, Monday through Friday, 9:00 AM - 5:00 PM ET. B. CENTRALIZED SCHEDULING AND INFORMATION DESK (CSID) CSID is a non -emergency comprehensive management and information resource developed by FEMA 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, recipients 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@fema.dhs.gov, Monday through Friday, 9:00 AM - 5:00 PM ET. C. GRANT PROGRAMS DIRECTORATE (GPD) AWARD ADMINISTRATION DIVISION GPD's Award Administration Division (AAD) provides support regarding financial matters and budgetary technical assistance. Additional guidance and information can be obtained by contacting the AAD's Help Desk via e-mail at ASIC-GMD@fema.dhs.gov. D. EQUAL RIGHTS The FEMA Office of Equal Rights (OER), in coordination with the DHS Office for Civil Rights and Civil Liberties, is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to FEMA- CivilRighsof ice@fema.dhs,gov. E. ENVIRONMENTAL PLANNING AND HISTORIC PRESERVATION GPD's EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about projects under this NOFO or the EHP review process, including the submittal of EHP review materials, should be sent to gpdehl�info@fema.dhs.gov. 2. Systems Information A. GRANTS.GOV For technical assistance with Grants.gov, call the customer support hotline 24 hours per day, 7 days per week (except federal holidays) at (800) 518-4726 or e-mail at support@grants.gov. B. NON -DISASTER (ND) GRANTS For technical assistance with the ND Grants system, please contact the ND Grants Helpdesk at ndgrants@fema.dhsgov or (800) 865-4076, Monday through Friday, 9:00 AM - 6:00 PM ET. User resources are available at https://www.fema.gov pion- disaster -grants - management -system C. PAYMENT AND REPORTING SYSTEM (PARS) FEMA uses the Payment and Reporting System (PARS) for financial reporting, invoicing, and tracking payments. FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. To enroll in the DD/EFT, recipients must complete a Standard Form 1199A, Direct Deposit Form. If you have questions about the online system, please call the Customer Service Center at (866) 927-5646 or email ask GMD@fema.d s.gov. H. Additional Information GPD has developed the Preparedness Grants Manual to guide applicants and recipients of grant funding on how to manage their grants and other resources. Recipients seeking guidance on policies and procedures for managing preparedness grants should reference the Preparedness Grants Manual for further information. Examples of information contained in the Preparedness Grants Manual include: ■ Actions to Address Noncompliance a Audits ■ Case Studies and Use of Grant -Funded Resources During Real -World Incident Operations ■ Community Lifelines ■ Conflicts of Interest in the Administration of Federal Awards and Subawards ■ Disability Integration m National Incident Management System m Payment Information ■ Period of Performance Extensions ■ Procurement Integrity ■ Record Retention Whole Community Preparedness Other Post -Award Requirements 1. Termination Provisions FEMA may terminate a federal award in whole or in part for one of the following reasons. FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344- 200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. §200.340 for additional information on termination regarding subawards. A. NONCOMPLIANCE If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is non- responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of 2 C.F.R. § 200.340(c) to report in FAPIIS the recipient's material failure to comply with the award terms and conditions. See also the section on Actions to Address Noncompliance in this NOFO or in the Preparedness Gr n Min 1. B. WITH THE CONSENT OF THE RECIPIENT FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. C. NOTIFICATION BY THE RECIPIENT The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award. 2. Program Evaluation Recipients and subrecipients are encouraged to incorporate program evaluation activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting an agency priority goal(s). Title I of the Foundations for Evidence -Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019). urges federal awarding agencies and federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle. Evaluation means "an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency." Evidence Act § 101 (codified at 5 U.S.C. § 311). Evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation. 3. Period of Performance Extensions Extensions to the period of performance (POP) for this program are allowed. Extensions to the POP identified in the award will only be considered through formal, written requests to the recipient's FEMA Preparedness Officer and must contain specific and compelling justifications as to why an extension is required. Recipients are advised to coordinate with the FEMA Preparedness Officer as needed when preparing an extension request. Please see the Preparedness Grants Manual for more information. FOOTNOTES 1. Strategic Intelligence Assessment and Data on Domestic Terrorism, Federal Bureau of Investigation and Department of Homeland Security, May 2021. 2. Including assessment of critical infrastructure system vulnerabilities and plans to reduce consequences of disruptions, using the Infrastructure Resilience Planning Framework and Regional Resiliency Assessment Methodology produced by the Cybersecurity and Infrastructure Security Agency. 3. Except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. 4. This applies to all homeland security personnel and is not limited to M&A staff, and costs are to be captured outside the cap on M&A costs. Accessible TXT Tags: * Homeland Security Grant Program Last updated May 27, 2022 Return to top Disasters & Assistance Grants Floods & Maps Emergency Management About Work With Us UNFJ, FEMA Contact FEMA FEMA.gov An official website of the U.S. Department of Homeland Security Accessibility Plug -Ins Accountability Privacy Careers Report Disaster Fraud_ Civil Rights Website Information Contact Us DHS.gov_ FOIA USA.gov Glossary Inspector General No FEAR Act National Terrorism Advisory System C Cat OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, managernenl, and cornplelion of the project described in this application, within prescribed timelines. The requirements outlined in these assurances apply to Applicant and any of its subreciplents. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual; (d) California Supplement to the NOFO; and (e) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; Page 1 of 15 Initials Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs (d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) Official executing this agreement is authorized by the Applicant. This Proof of Authority must be maintained on file and readily available upon request. 2. Period of Performance The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Page 2 of 15 Initials Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, 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. The Applicant certifies that it and its subrecipients: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal 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 (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non -Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non- discrimination, including: Page 3 of 15 Initials Cal OE5 rl 11OVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; Page 4 of 15 Initials R Cat OES k I GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs (k) DHS policy to ensure the equal treatment of faith -based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (1) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code §§ 12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute (s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) that may apply to this application. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the Unitcd Statcs and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; Page 5 of 15 Initials a. C * Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. Page 6 of 15 Initials- Lw CalOES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. Cooperation and Access to Records The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment - The Applicant will comply with 31 U.S.0 §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. 13. Whistleblower Protections The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310_ Page 7 of 15 Initials * = Cali OES { GOVERNOR'S OFFICE �r OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the - Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property -Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; Page 8 of 15 Initials Cal SES �* GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16U.S.C. § 469a-1 ct seq.); and (d) Comply with the Lead -Based Point Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. Page 9 of 15 Initials Cal OES OOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own Statc and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM (HSGP) - PROGRAM SPECIFIC ASSURANCES CERTIFICATIONS 21. Acknowledgment of Federal Funding from DHS The Applicant must acknowledge its use of 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. 22. Activities Conducted Abroad The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects P11, the Applicant is required to have a publicly -available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource. 24. Copyright The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Page 10 of 15 Initials Cal OES I OVERNOR'S OFFICE ��� OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status The Applicant is required to be non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 28. Fly America Act of 1974 The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41 102) 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 6- 138942. 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. Page 11 of 15 Initials Cal OES ` GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs 30. Non -supplanting Requirement If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. 31. Patents and Intellectual Property Rights Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 32. SAFECOM If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 33. Terrorist Financing The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws. 34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Page 12 of 15 Initials R Cal OES OOFFICE OFF EMERGENCY CY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs 35. USA Patriot Act of 2001 The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. 36. Use of DHS Seal, Logo, and Flags The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal (s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 37. Performance Goals In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant -funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project. 38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. 39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless: Page 13 of 15 Initials Cal OES ` GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs (a) All iron and steel used in the project are produced in the United States - this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States - this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States - this means that all manufacturing processes for the construction material occurred in the United States. The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases. On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved. Page 14 of 15 Initials Cai OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non -Disaster Grant Programs IMPORTANT The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal CIES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal CIES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Applicant: caunrry o Signature of Authorized Agent: Printed Name of Authorized Agent:. 221) Title: ��W'� P 0 — c6a Date: Page 15 of 15 Initials