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HomeMy WebLinkAboutCounty of Orange - 2017-02-22r 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 FUNDS FOR 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM THIS AGREEMENT is entered into this v'— day of 201-f 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 G"--t 0`�� �' Z `"`' �� ;� a municipal corporation, hereinafter referred to as "SUBRECIPIENT." WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and accepted the Emergency Management Performance Grant (hereinafter referred to as "the grant") from the California Office of Emergency Services ("CalOES"). WHEREAS, the purpose of the grant is to support comprehensive emergency management at the state, tribal and local levels and to encourage the improvement of prevention, protection, mitigation, response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FY2016 Emergency Management Performance Grants f EMPG] Notice of Funding Opportunity [NOFO]), which is attached hereto and incorporated herein by reference. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBRECIPIENT grant funds, in arrears, as necessary to reimburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In, order to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B (EMPG City Financial r Management Forms Workbook), which is attached hereto and incorporated herein by reference. 2. Throughout their useful life, grant property and equipment shall be used by SUBRECIPIENT only for grant purposes in accordance with Attachment A hereto. 3. SUBRECIPIENT shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant CFDA: 97.042 Emergency Management Performance Grant Department of Homeland Security Page I 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 property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and f l information in accordance with requirements set out in the Attachment C (Emergency Management 11 Performance Grant Program: California Supplement to the Federal Program Funding Opportunity Announcement; or, The State Guidance), which is attached hereto and incorporated herein by reference. 6. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A. B, C, and D (Standard Assurances for all CaIOES Federal Grant Programs) hereto. SUBRECIPIENT shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, or D hereto. j 7. SUBRECIPIENT agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, 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 SUBRECIPIENT's performance of this Agreement, including Attachments A, B, C, and D 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 SUBRECIPIENT in the performance of this Agreement, including Attachments A, B, C, and D hereto. 8. 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 I agreement not incorporated herein shall be binding on any of the parties hereto. 9. SUBRECIPIENT may not assign this Agreement in whole or in part without the express written consent of COUNTY. CFDA: 97.042 Emergency Management Performance Grant Department of Homeland Security Page 2 ol'4 C 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 10. SUBRECIPIENT shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 11. For a period of three years after the final Federal Financial Report hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBRECIPIENT shall preserve 11 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, C, and D hereto. For the same time period, SUBRECIPIENT shall make said documents, papers and records available to ICOUNTY and the agency from which COUNTY received the grant funds or their duly authorized I representative(s), for examination, copying, or mechanical reproduction on or off the premises of I SUBRECIPIENT, upon request, during usual working hours. 12. SUBRECIPIENT and COUNTY shall be subject to examination and audit by the State I Auditor General with respect to this Agreement for a period of three years after the final Federal j Financial Report hereunder. 13. COUNTY may terminate this Agreement and be relieved of the payment of any `consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, at the time and in the manner herein provided, 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. 14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. 15. By signing this Agreement, SUBRECEIPIENT understands and agrees that: a. Failure to follow grant guidance, including those detailed below, will result in ineligibility for any reimbursement under the FYI EMPG: CFf7A: 97.042 Emergency Mtanagcment Performance Grant Department of I Tome€and security Page 3 of 4 1 b. A SUBRECIPIENT representative must attend half of the Orange County Emergency 2 Managers Organization meetings held from July 1, 2016 through June 30, 2017; 3 c. SUBRECIPIENT must maintain National Incident Management System (NIMS) 4 compliance; 5 d. For any personnel whose salary is charged to the grant, that specific individual must 6 meet the training and exercise requirements set forth in the grant guidance; and 7 e. Only those expenditures specifically detailed in the Financial Management Forms 8 Workbook are approved for funding; any changes must be pre -approved by the 9 California Office of Emergency Services. 10 1N WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, I 1 State of California. 12 DATED: - f , 20 % % COUNTY OF ORANGE, a political subdivision 13 of the State of California 14 15 16 APPROVED AS TO FORM 17 COUNTY COUNSEL 18 By 4e4ndyi-1eputy 19 20 21 22 II DATED: , 20_ 23 24 25 26 27 28 By Sheriff -Coroner "COUNTY" SUBRECIPIENT ATTEST: DATED: City Clerk v2- C2,-a- CFDA: 97.042 Emergency Management Performance Grant Department of Homeland Security Page 4 of 4 A77 (} -'Ilnrt The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency Management Performance Grant Program (EMPG) NOTE: Eligible recipients who plan to apply for this funding opportunity but who have not obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), should take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take 4 weeks or more after the submission of a SAM registration before the registration becomes active in SAM, then an additional 24 hours for Grants.gov to recognize the information. Information on obtaining a DUNS number and registering in SAM is available from Grants.2ov at: http://www.grants.gov/web/grants/register.htm1. Detailed information regarding DUNS and SAM is also provided in Section D of this NOFO, subsection, Content and Form of Application Submission. A. Program Description Issued By U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD) Catalog of Federal Domestic Assistance (CFDA) Number 97.042 CFDA Title Emergency Management Performance Grant (EMPG) Program Notice of Funding Opportunity Title Emergency Management Performance Grant Program NOFO Number Grant Program Title NOFO Number EMPG—Re ion I DHS-I6-GPD-042-01-01 EMPG — Region II DHS-I6-GPD-042-02-01 EMPG — Region III DHS-I6-GPD-042-03-01 EMPG — Region IV DHS- 16-GPD-042-04-01 EMPG — Region V DHS-I6-GPD-042-05-01 EMPG — Region VI DHS-I6-GPD-042-06-01 EMPG — Region VII DHS-I6-GPD-042-07-01 EMPG —Region VIII DHS-I6-GPD-042-08-01 EMPG — Region IX DHS-I6-GPD-042-09-01 EMPG — Region X DHS-I6-GPD-042-10-01 Page 1 of 46 FY 2016 EMPG Designing and conducting exercises that engage a whole community of stakeholders and validate core capabilities; and Conducting training. Priorities The National Preparedness System is the instrument the Nation employs to build, sustain, and implement core capabilities to achieve the Goal of a secure and resilient Nation. Complex and far-reaching threats and hazards require a collaborative and a whole community approach to national preparedness that engages individuals, families, communities, private and nonprofit sectors, faith -based organizations, and all levels of government. The guidance, programs, processes, and systems that support each component of the National Preparedness System allow for the integration of preparedness efforts that build, sustain, and deliver core capabilities and achieve the desired outcomes identified in the Goal. The Department of Homeland Security expects EMPG recipients and subrecipients to prioritize grant funding to address capability targets and gaps identified through the annual THIRA and SPR process. Recipients and subrecipients should prioritize the use of grant funds to maintain/sustain current capabilities, to validate capability levels, and to increase capability for high -priority core capabilities with low capability levels. Additional information, including guidelines for completing the THIRA and SPR, can be found at: https://"ivw.fema.gov/media-library/assets/documents/26335 and http://www.fema.gov/state-preparedness-report. Minimum funding amounts are not prescribed by the Department for these priorities; however, recipients are expected to support state, local, regional, tribal, territorial and national efforts to achieve the desired outcomes for these priorities. For additional details on priorities for the EMPG Program, please refer to Appendix A — FY 2016 EMPG Program Priorities. B. Federal Award Information Award Amounts, Important Dates, and Extensions Available Funding for the EMPG: $350,100,000 Period of Performance: Twenty four months (24 months) Extensions to the period of performance are allowed. For additional information on period of performance extensions, refer to Section H of this NOFO. Projected Period of Performance Start Date(s): October 1, 2015 Projected Period of Performance End Date(s): September 30, 2017 Page 3 of 46 FY 2016 EMPG Although state, local, tribal, and private sector partners —including nongovernmental organizations —are not required to credential their personnel in accordance with these guidelines, FEMA strongly encourages them to do so in order to leverage federal investment in the Federal Information Processing Standards (FIPS) 201 infrastructure and to facilitate interoperability for personnel deployed outside their home jurisdiction. Additional information is available from the http://www.fema.gov/nims-doctrine- supporting-guides-tools. Cost Share or Match A cost match is required under this program. The federal share that is used towards the EMPG Program budget shall not exceed 50 percent of the total budget. The state must equally match (cash or in -kind) the federal contribution pursuant to Sections 6110) and 613 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. No. 93-288), as amended, (42 U.S.C. §§ 512let seq.). Unless otherwise authorized by law, federal funds cannot be matched with other federal funds. FEMA administers cost matching requirements in accordance with 2 C.F.R. § 200.306. To meet matching requirements, the recipient contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all federal requirements and regulations. In accordance with 48 U.S.C. § 1469a, match requirements are waived for the insular areas: the U.S. territories of American Samoa, Guam, the U.S. Virgin Islands, the Federated States of Micronesia, the Northern Mariana Islands, and the Republic of the Marshall Islands. D. Application and Submission Information Key Dates and Times Date Posted to Grants.gov: Application Submission Deadline: Anticipated Award Date: February 16, 2016 March 18, 2016, 11:59:59 PM EST No later than September 30, 2016 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 the full application. In general, FEMA will not review applications that are not received by the deadline or consider them 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, or other exigent or emergency circumstances. Extensions based on exigent or emergency Page 5 of 46 FY 2016 EMPG 1. Applying for, updating or verifying their Data Universal Numbering System (DUNS) Number; 2. Applying for, updating or verifying their Employer Identification Number (EIN) Number; 3. Updating or verifying their System for Award Management (SAM) Registration; 4. Establishing an Authorized Organizational Representative (AOR) in Grants.gov; 5. Submitting an initial application in Grants.fZov; and 6. Submitting the complete application in ND Grants system. For additional information regarding the DUNS Number, EIN Number, SAM Number, and AOR requirements, please see the section below entitled Dun and Bradstreet Universal Numbering_ System (DUNS) Number, System for Award Management SAM). and Authorized Organizational Representative (AOR). Unique Entity Identifier and System for Award Management (SAM) Before applying for a DHS grant at grants.,Qov, applicants must have a DUNS number, be registered in SAM, and be approved as an AOR. Applicants are encouraged to register early. The registration process can take four weeks or more to be completed. Therefore, registration should be done in sufficient time to ensure it does not impact the applicant's ability to meet required submission deadlines. Obtain a Dun and Bradstreet Data Universal Numbering System (DUNS) Number The DUNS number must be included in the data entry field labeled "Organizational DUNS" on the SF-424 form. Instructions for obtaining a DUNS number can be found at the following website: http://ww,,v. rants.gov//web/ rag nts/applicants/organization- registration/step-1 -obtain-duns-number.html. The applicant must provide a DUNS number with their application. This number is a required field for all subsequent steps in the application submission. Applicants should verify they have a DUNS number, or take the steps necessary to obtain one. Applicants can receive a DUNS number at no cost by calling the DUNS number request line at (866) 705-5711. DHS/FEMA cannot assist applicants with questions related to obtaining a current DUNS number. Obtain an Employer Identification Number (EIN) DHS/FEMA requires both the EIN and a DUNS number prior to the issuance of a financial assistance award and for grant award payment; both the EIN and a DUNS number are required to register with SAM (see below). The EIN base for an organization is the IRS Tax ID number; for individuals it is their social security number. The social security and IRS Tax ID numbers are both nine -digit numbers. Organizations and individuals submitting their applications must correctly identify the EIN from the DUNS Page 7 of 46 FY 2016 EMPG profile on Grants.gov visit: http://www.grants.gov/web/grants/applicants/organization- registration/step-3-usemame-password.htm1. AOR Authorization After creating a profile on Grants.gov, the E-Biz Point of Contact (E-Biz POC) a representative from the applicant organization who is the contact listed for SAM will receive an email to grant the AOR permission to submit applications on behalf of the organization. The E-Biz POC will then log in to Grants.gov and approve an applicant as the AOR, thereby granting permission to submit applications. To learn more about AOR Authorization visit: http://www. rg ants.gov/web/ rag nts/applicants/organization- registration/step-4-aor-authorization.htm1. To track an AOR status visit: http://www.grantsgov/web/ rag_nts/applicants/organization-registration/step-5-track-aor- status.html. Applicants are encouraged to register early. The registration process can take four weeks or more to be completed. Therefore, registration should be done in sufficient time to ensure it does not jeopardize required submission deadlines. Approval as an AOR is necessary in order to submit applications online. Electronic Signature Applications submitted through Grants.gov constitute a submission as electronically signed applications. When submitting the application through Grants.gov, the name of the applicant's AOR will be inserted into the signature line of the application. Applicants experiencing difficulties accessing information or who have any questions should call the grants.gov customer support hotline at (800) 518-4726 or email Grants.gov at support. 7r1, ants..gov. The federal awarding agency may not make a federal award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements and, if an applicant has not fully complied with the requirements by the time the federal awarding agency is ready to make a federal award, the federal awarding agency 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. Submitting an Initial Application in Grants.gov All applicants must submit their initial application through Grants.gov. Applicants may need to first create a Grants.gov user profile by visiting the Get Registered section of the Grants.gov website. Successful completion of this step is necessary for DHS/FEMA to determine eligibility of the applicant. Applicants should complete this initial step on-line which requires completing: • Standard Form 424 (SF-424), Application for Federal Assistance, and • Grants.gov (GG) Form Certification Regarding Lobbying Form. Page 9 of 46 FY 2016 EMPG Order 12372 (see http://w,,vNv.fws.gov/policy/library/rfzeoI2372.pdf). Name and addresses of the SPOCs are maintained at the Office of Management and Budget's home page at http://www.whitehouse.gov/omb/ rg ants spoc to ensure currency. Funding Restrictions Federal funds made available through this award may only be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other federal award, 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. EMPG Program recipients may only fund activities and projects that were included in the FY 2016 EMPG Program Work Plan that was submitted to and approved by FEMA. Activities and projects may include the sustainment of capabilities supported by previous EMPG Program funds provided the sustainment activity is cited in the FY 2016 Work Plan. Additionally, pursuant to Executive Order 13688, DHS/FEMA has issued IB 407 which has placed further restrictions on controlled equipment. For more information on the Controlled Equipment List and Prohibited Equipment, see Appendix B- Funding Guidelines. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants -funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Recipients and subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all recipients are required to comply with FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance, and FP 108.24.4, Environmental Planning and Historical Preservation Policy. Page 11 of 46 FY 2016 EMPG Exercise related costs are allowed under this program only as described in this NOFO. Travel Domestic travel costs are allowed under this program, as provided for in this NOFO. International travel is not an allowable cost under this program unless approved in advance by FEMA. Construction and Renovation Construction and renovation costs are allowed under this program only as described in this NOFO. Operational Overtime Operational Overtime costs are allowed under this program only as described in this NOFO. Maintenance and Sustainment Funding may be used for the Sustainment of programs that help achieve 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 Response Mission Area of the Goal, and fusion centers. For additional details on the use of funds, please refer to Appendix B-FY2016 EMPG Funding Guidelines. Management and Administration (M&A) Costs Management and Administration (M&A) activities are those directly related to managing and administering the award, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. M&A costs are allowable for both state and local -level EMAs. The state EMA may use up to five percent (5%) of the EMPG award for M&A purposes. In addition, local EMAs may retain and use up to five percent (5%) of the amount received from the state for local M&A purposes. If the SAA is not the state -level EMA, the SAA is not eligible to retain funds for M&A. Indirect (Facilities & Administrative [F&A]) Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of recipients who have never received a negotiated indirect cost rate as described in 2 C.F:R. § 200.414(f), recipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant's Page 13 of 46 FY 2016 EMPG If the anticipated federal award amount will be greater than the simplified acquisition threshold, currently $150,000: • Prior to making a federal award with a total amount of federal share greater than the simplified acquisition threshold, DHS/FEMA is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS). • An applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about itself that a federal awarding agency previously entered and is currently in the designated integrity and performance system accessible through SAM. • DHS/FEMA will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant's integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 CFR §200.205. F. Federal Award Administration Information Notice of Award Notification of award approval is made through the ND Grants system through an automatic e- mail to the recipient's authorized official listed in the initial application. The "award date" for EMPG awards will be the date that FEMA approves the award. The recipient should follow the directions in the notification to confirm acceptance of the award. Recipients must accept their awards no later than 90 days from the award date. The recipient shall notify FEMA of its intent to accept and proceed with work under the award, or provide a written notice of intent to decline. Instructions on accepting or decline an award in the ND Grants System, can be found in the ND Grants Grantee Training Manual. Funds will remain on hold until the applicant accepts the award through ND Grants and all other conditions of award have been satisfied, or the award is otherwise rescinded. Failure to accept the grant award within the 90 day timeframe may result in a loss of funds. Administrative and National Policy Requirements All successful applicants for all DHS grant and cooperative agreements are required to comply with DHS Standard Administrative Terms and Conditions, which are available online at: DHS Standard Terms and Conditions. The applicable DHS Standard Administrative Terms and Conditions will be those in effect at the time in which the award was made. Before accepting the award the AOR should carefully read the award package for instructions on administering the grant award and the terms and conditions associated with responsibilities under Federal Awards. The applicant must accept all conditions in this NOFO as well as any Special Terms and Conditions in the Notice of Award to receive an award under this program. Page 15 of 46 FY 2016 EMPG For audits of fiscal years beginning prior to December 26, 2014, recipients that expend $500,000 or more from all federal funding sources during their fiscal year are required to submit an organization -wide financial and compliance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, located at http://www.�zao.yov/govaud/vbkOl.htm, and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, located at http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2012. Program Performance Reporting Requirements Performance Progress Reports (SF-PPR) Recipients are responsible for providing updated performance reports to FEMA using the SF-PPR on a quarterly basis. The Quarterly Performance Progress Reports must be based on the approved EMPG Program Work Plan and are due no later than 30 days after the end of the quarter (i.e., on January 30, April 30, July 30, and October 30). Recipients must complete the cover page of the SF-PPR (OMB Control Number: 0970-0334) and submit it as an attachment to the ND Grants system. Recipients are required to report quarterly on progress towards completing activities and projects approved in their EMPG Program Work Plans, how expenditures support maintenance and sustainment of core capabilities, and progress made towards implementing the National Preparedness System. This includes reporting on the following information: • List of completed training courses and exercises and the Training and Exercise Data Table (templates are available in Appendix C — FY 2016 EMPG Program Work Plan). • Percent completion of the Training and Exercise Plan (TEP) outlined in the FY 2016 EMPG Program Work Plan (templates are available in Appendix C — FY 2016 EMPG Program Work Plan). Programmatic Reporting Periods and Due Dates The following reporting periods and due dates apply for the PPR: Reporting Period Report Due Date October I —December 31 January 30 January 1 — March 31 Aril 30 April I — June 30 July 30 July 1 — September 30 October 30 Standardized Reporting through the EMPG Program Work Plan Template The EMPG Program Work Plan Template has been modified to standardize data collection for improved analysis and reporting. The EMPG Program Work Plan includes five components: (1) Program and Budget Narrative, (2) Personnel Data Table, (3) Training Data Table, (4) Exercise Data Table, and (5) Grant Activities Outline. Baseline data on Personnel, Training, and Exercise as well as the Grant Activities Outline must be Page 1.7 of 46 FY 2016 EMPG States and territories should review and, if necessary, revise and update the THIRA by December 31 on an annual basis. Further details on the THIRA as it relates to EMPG Program requirements can be found in Appendix A — FY 2016 EMPG Program Priorities. For additional guidance on THIRA, please refer to Comprehensive Preparedness Guide (CPG) 201, Second Edition, available at https://www.fema.gov/threat-and-hazard- identif cation -and -risk -assessment. State Preparedness Report (SPR) Section 652(c) of the Post -Katrina Emergency Management Reform Act of 2006 (Pub. L. No. 109-295), 6 U.S.C. §752(c), requires any state that receives federal preparedness assistance to submit an SPR (OMB Control Number: 1660-0131) to FEMA. States submitted their most recent SPRs by December 31 annually, thus satisfying this requirement to receive funding under the FY 2016 EMPG Program. Emergency Operations Plan (EOP) Recipients must update their EOP at least once every two years to comply with Comprehensive Preparedness Guide (CPG) 101 v.2, Developing and Maintaining Emergency Operations Plans. Recipients will use the SPR to communicate their compliance with this reporting requirement. Biannual Strategy Implementation Reports (BSIR) In addition to the Quarterly Performance Progress Reports, recipients are responsible for completing and submitting BSIR reports. The BSIR is due within 30 days of the end of the reporting period (July 30 for the reporting period of January 1 through June 30 (the summer BSIR); and January 30 for the reporting period of July 1 through December 31 (the winter BSIR). Updated obligations and expenditure information must be provided within the BSIR to show progress made toward meeting strategic goals and objectives as well as how expenditures support Planning, Organization, Equipment, Training and Exercise (POETE) activities. Accordingly, expenditures should support gaps identified in the recipient's THIRA and SPRs. FY 2016 Unified Reporting Tool (URT) The URT is FEMA's collection mechanism for THIRA/SPR and other related preparedness information. The FY 2016 SPR includes questions related to NIMS adoption and implementation, and CPG 101 v 2.0 compliance. Information on the URT, to include when recipients will receive the tool and how to use the tool, will be sent to recipients in summer 2016. Closeout Reporting Requirements FEMA will close out the grant award when it determines that all applicable administrative actions and all required work of the EMPG Program award have been completed by the recipient. This section summarizes the actions that the recipient must take to complete the closeout process in accordance with 2 C.F.R. § 200.343 at the end of the grant's period of performance or the expiration of an approved extension via Grant Adjustment Notice (GAN) issued to close out the grant. Page 19 of 46 FY 2016 EMPG Contact and Resource Information Centralized Services and Information Desk (CSID) The Centralized Services Information Desk (CSID) is a non -emergency comprehensive management and information resource developed by DHS/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 ASKCsidgiUema.g_ov, Monday through Friday, 9:00 a.m. — 5:00 p.m. EST. GPD Grant Operations Division GPD's Grant Operations Division Business Office provides support regarding financial matters and budgetary technical assistance. Additional guidance and information can be obtained by contacting the FEMA Call Center at (866) 927-5646 or via e-mail to ASK- GMD cr dhs. og_v. FEMA Regional Offices FEMA Regional offices manage, administer, and conduct the application budget review, create the award package, approve, amend, and close out awards, as well as conduct cash analysis, financial and programmatic monitoring, and audit resolution for the EMPG Program. The Regions also provide technical assistance to EMPG Program awardees. FEMA Regional Office contact information is available here. Systems Information Grants.gov. For technical assistance with Grants.gov, please call the Grants.gov customer support hotline at (800) 518-4726. Non Disaster (ND) Grants. For technical assistance with the ND Grants system, please contact ndgrantsgi ,fema.gov or (800) 865-4076. GPD Environmental Planning and Historic Preservation (GPD EHP) The FEMA GPD EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects or the EHP review process, including the submittal of EHP review materials, should be sent to gpdehpinfoAa fema.gov. EHP Technical Assistance, including the EHP Screening Form, can be found at http://www.fema.gov/media-library-data/20130726- 1806-25045-2839/gpd ehp screening form omb 1660 0115June 2011.pdf. H. Additional Information National Preparedness DHS coordinates with local, state, territorial, and tribal governments as well as with other federal agencies and private and nonprofit organizations to facilitate a whole community, risk driven, and capabilities -based approach to preparedness. This approach is grounded in the identification Page 21 of 46 FY 2016 EMPG Extensions Extensions to this program are allowed. Extensions to the initial period of performance identified in the award will only be considered through formal, written requests to the recipient's respective Regional EMPG Program Analyst and must contain specific and compelling justifications as to why an extension is required. EMPG recipients are advised to coordinate with the Regional EMPG Program Analyst, as needed, when preparing an extension request. All extension requests must address the following: 1) Grant Program, Fiscal Year, and award number; 2) Reason for delay — this must include details of the legal, policy, or operational challenges being experienced that prevent the final outlay of awarded funds by the applicable deadline; 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 achieving each milestone and the position/person responsible for implementing the plan for completion; and 9) Certification that the activity/activities will be completed within the extended period of performance without any modification to the original Statement of Work, as described in the investment justification and approved by DHS/FEMA. Extension requests will be granted only due to compelling legal, policy, or operational challenges. Extension requests will only be considered for the following reasons: • Contractual commitments by the grant recipient with vendors or sub -recipients prevent completion of the project within the existing Period of Performance; • The project must undergo a complex environmental review that cannot be completed within existing Period of Performance; • Projects are long-term by design and therefore acceleration would compromise core programmatic goals; and • Where other special circumstances exist. Recipients must submit all proposed extension requests to DHS/FEMA for review and approval no later than 120 days prior to the end of the period of performance. In accordance with GPD policy, extensions are typically granted for no more than a six month time period. Page 23 of 46 FY 2016 EMPG Appendix A - FY 2016 EMPG Program Priorities Alignment of the EMPG Program to the National Preparedness System The Nation utilizes the National Preparedness System to build, sustain, and deliver core capabilities in order to achieve the National Preparedness Goal (the Goal) of "a secure and resilient Nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk." The objective of the National Preparedness System is to facilitate an integrated, whole community, risk informed, capabilities -based approach to preparedness. The guidance, programs, processes, and systems that support each component of the National Preparedness System enable a collaborative, whole community approach to national preparedness that engages individuals, families, communities, private and nonprofit sectors, faith -based organizations, and all levels of government (http://ww-w.fema.gov/whole-community). The FY 2016 EMPG Program contributes to the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities. Core capabilities are essential for the execution of critical tasks for each of the five mission areas outlined in the Goal. Delivering core capabilities requires the combined effort of the whole community, rather than the exclusive effort of any single organization or level of government. The EMPG Program's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the Goal. Emphasis is placed on capabilities that address the greatest risks to the security and resilience of the United States, and the greatest risks along the Nation's borders. When applicable, funding should support deployable assets that can be utilized anywhere in the Nation through automatic assistance and mutual aid agreements, including but not limited to the Emergency Management Assistance Compact (EMAC). The FY 2016 EMPG Program supports investments that improve the ability of jurisdictions nationwide to: • Prevent a threatened or an actual act of terrorism; • Protect our citizens, residents, visitors, and assets against the greatest threats and hazards; • Mitigate the loss of life and property by lessening the impact of future disasters; • Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of a catastrophic incident; and/or • Recover through a focus on the timely restoration, strengthening, and revitalization of infrastructure, housing, and a sustainable economy, as well as the health, social, cultural, historic, and environmental fabric of communities affected by a catastrophic incident. The core capabilities contained in the Goal are highly interdependent and require the use of existing preparedness networks and activities, to improved training and exercise programs, innovation, and appropriate administrative, finance, and logistics systems. Page 25 of 46 Appendix A - FY 2016 EMPG Program Priorities funding, recipients must ensure that the capabilities are deployable outside of their community, where applicable, to support regional and national efforts or otherwise shareable with regional partners and aligned with a capability target identified in the THIRA or a capability gap identified through the SPR. Reporting: • Recipients will be required to: (1) describe how expenditures support maintenance and sustainment of current Goal core capabilities, and (2) describe how expenditures support filling capability target gaps identified in the THIRA or the SPR and report these within the quarterly performance progress reports. NIMS Implementation Recipients receiving EMPG funding are required to implement NIMS, and EMPG funds may be used to meet the requirements described below. NIMS uses a systematic approach to integrate the best existing processes and methods into a unified national framework for incident management. Incident management refers to how incidents are managed across all homeland security activities, including prevention, protection, and response, mitigation, and recovery. FY 2016 EMPG recipients must use standardized resource management concepts for resource typing, credentialing, and an inventory to facilitate the effective identification, dispatch, deployment, tracking, and recovery of resources. Reporting o Recipients report on NIMS implementation through the SPR. Planning to Deliver Capabilities All EMPG Program recipients shall maintain, or revise as necessary, jurisdiction -wide, all threats and hazards EOPs consistent with the CPG 101 v2, which serves as the foundation for state, local, tribal, and territory emergency planning. CPG 101 v2 can be found at https://Nv,A-w.fema.izov/media-library/assets/documents/25975. Recipients must update their EOP at least once every two years. In building future EOPs, planners should anticipate the increasing complexity and decreasing predictability of the future operating environment. These efforts should actively use strategic foresight, including the multiple driving forces of change and the associated evolving strategic needs shown in FEMA's Crisis Response and Disaster Resilience 2030 Report. The Report can be found at http://www.fema.gov/strategic-planning anal sy is-spa-division/strategic-foresight- initiative. Reporting ® Recipients will report EOP compliance with CPG 101 v2 in the SPR. Validating Capabilities Recipients should develop long-term training and exercise priorities that examine, validate and/or address capability targets identified through their annual THIRA and or capability gaps identified through their annual SPR. Recipients should also review and consider areas for improvement identified from real -world events and exercises, and national areas for Page 27 of 46 Appendix A - FY 2016 EMPG Program Priorities exercise within the progressive series is linked to a set of common program priorities and designed to test associated capabilities. Reporting: • Recipients are required to develop a multi -year TEP that identifies a combination of exercises and associated training requirements that address priorities identified in the TEPW. The TEP shall be submitted to hseepa.fema.dhs.,gov 90 days after the completion of the TEPW. States are encouraged to post their training and exercise schedules to the National Exercise Scheduling System (NEXS) at https://www.fema.gov/exercise. • Recipients should provide a list of completed training courses and exercises and the Training and Exercise Data Table to be included in the Quarterly Performance Progress Report. • Recipients must include the percent completion of the TEP outlined in the FY 2016 EMPG Program Work Plan to be included in the Quarterly Performance Progress Report. • In order to report on the required exercises, recipients can either submit one After Action Report/Improvement Plan (AAR/IP) for the culminating full-scale exercise from all 5 exercises conducted within a 12-month period; or individual AAR/IPs for each of the 5 exercises to hseepLafema.dhs.gov, and the appropriate Regional EMPG Program Manager no later than 90 days after completion of the exercise. In accordance with HSEEP guidance recipients are reminded of the importance of implementing corrective actions iteratively throughout the progressive exercise cycle. Recipients are encouraged to use the HSEEP AAR/IP template located at https://www.fema.gov/exercise and utilize the Corrective Action Program (CAP) System at https://hseep.dhs.gov/caps/, as a means to track the implementation of corrective actions listed in the AAR/IP. If a state/territory/local jurisdiction has experienced a major disaster, and would like to request exemptions for a scheduled exercise, the recipient should send this request to its assigned FEMA Regional EMPG Program Manager through the Quarterly Performance Progress Report. Exemptions will be reviewed on a case -by -case basis by the Regional EMPG Program Manager. Reviewing and Updating On a recurring basis, capability levels, resources, and plans should be reviewed to determine if they remain relevant or need to be updated. This review should be based on a current risk assessment and utilize information gathered during the capability validation process. These reviews will provide a means to determine priorities, direct preparedness actions, and calibrate goals and objectives. Additional considerations Strengthening Governance Integration DHS/FEMA preparedness grant programs are intended to support the core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery that are necessary to prepare for incidents that pose the greatest risk to the Nation's security. Each Page 29 of 46 Appendix A - FY 2016 EMPG Program Priorities Appendix B — FY 2016 EMPG Funding Guidelines Allowable Costs Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. If the SAA is not the EMA, the SAA is not eligible to retain funds for M&A. M&A costs are allowable for both state and local -level EMAs. The state EMA may use up to five percent (5%) of the EMPG award for M&A purposes. In addition, local EMAs may retain and use up to five percent (5%) of the amount received from the state for local M&A purposes. Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), recipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time of application, and must be provided to FEMA before indirect costs are charged to the award. Planning Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community -based approach to preparedness. EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include: • Development of THIRA and SPR • Development of an all -hazards mitigation plan based on identified risks and hazards Emergency Management/Operation Plans • Maintaining a current EOP that is aligned with guidelines set out in CPG 101v.2 https://www.fema.gov/media-library/assets/documents/25975 • Modifying existing incident management and emergency operations plans • Developing/enhancing large-scale and catastrophic event incident plans Communications Plans Developing and updating Statewide Communication Interoperability Plans Developing and updating Tactical Interoperability Communications Plans Page 31 of 46 Appendix A — FY 2016 THSGP Priorities each state to have FEMA's approval of a five-year viable inventory management plan if planned grant expenditure is over $100,000; an effective distribution strategy; sustainment costs for such an effort Evacuation planning • Developing/enhancing evacuation plans, including plans for: alerts/warning, crisis communications, pre -positioning of equipment for areas potentially impacted by mass evacuations, sheltering, and re-entry. Recovery Planning • Disaster housing planning, such as creating/supporting a state disaster housing task force and developing/enhancing state disaster housing plans • Pre -event response/recovery/mitigation plans in coordination with state, local, and tribal governments • Developing/enhancing other response and recovery plans • Developing recovery plans and preparedness programs consistent with the principles and guidance in the National Disaster Recovery Framework (NDRF) that will provide the foundation for recovery programs and whole -community partnerships. Preparedness and pre -disaster planning was given special attention within the NDRF with specific guidance: Planning for a Successful Disaster Recovery (pages 63-70). For more information on the NDRF see http://www.fema.gov/pdf/recovervframework/ndrfpd and http://Nvww.fema.gov/media-libraa-data/1423604728233- -1 d76a43cabf1209678054c0828bbe8b8/EffectiveCoordinationofRecoveryResourcesG uide02O5l 5vFNL.pdf Federal (and Mutual Aid) Emergency Response Official (F/ERO) Credentialing and Validation • Working group meetings and conferences relating to emergency responder credentialing and validation • Compiling data to enter into an emergency responder repository • Coordinating with other state, local, territorial, and tribal partners to ensure interoperability among existing and planned credentialing and validation systems and equipment • Planning to incorporate emergency responder identity and credential validation into training and exercises. Organization Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (42 U.S.C. §§ 5121-5207), EMPG Program funds may be used for all -hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management, including hazard mitigation staffing of the State Hazard Mitigation Officer (SHMO) position; staffing CERT and Citizen Corps positions at the state and local levels in order to promote whole community engagement in all phases of emergency management; performing close-out activities on FEMA Disaster Assistance grants; staffing permanent technical advisors on children's needs at the state, local, tribal and territorial levels and supporting fusion center analysts who are directly involved in all -hazards preparedness activities Page 33 of 46 Appendix 13- FY 2016 EMPG Program Funding Guidelines specific requirements in order to acquire this equipment. Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete Controlled Equipment List, information regarding the Controlled Equipment Request Form, and a description of the specific requirements for acquiring controlled equipment with DHS/FEMA grant funds. For additional information on controlled equipment refer to Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition, and the Recommendations Pursuant to Executive Order 13688. Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) with FEMA grant funding must also include 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, see Presidential Memorandum: Promoting Economic Competitiveness While SafeguardinpPrivacy. Civil Rights, and Civil Liberties. in Domestic Use of Unmanned Aircraft Systems, issued February 20, 2015. Training EMPG Program funds may be used for a range of emergency management -related training activities to enhance the capabilities of state and local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current, Multi -Year TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can be found at http://www.fema.gov/exercise. Training should foster the development of a community oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. EMPG Program funds used for training should support the nationwide implementation of NIMS. The NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS courses; recipients are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program. The NIMS Training Program can be found at http://www.fema.gov/training-0. The NIMS Guideline for Credentialing of Personnel provides guidance on the national Credentialing standards. The NIMS Guidelines for Credentialing can be found at http://ww`N,.fema. gov/nims-doctrine-supporting-guides-tools. Professional Development Series courses include: m IS- 120.a An Introduction to Exercises e IS-230.d Fundamentals of Emergency Management e IS-235.b Emergency Planning o IS-240.b Leadership and Influence o IS-241.b Decision Making and Problem Solving ® IS-242.b Effective Communication e IS-244.b Developing and Managing Volunteers Page 35 of 46 Appendix B- FY 2016 EMPG Program Funding Guidelines Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. Certifzcation/Recertifzcation of Instructors. Costs associated with the certification and re -certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. Exercises Allowable exercise -related costs include: Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:OO p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. Supplies. Supplies are items that are. expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non -sterile masks, and disposable protective equipment). Implementation of HSEEP. This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. Page 37 of 46 Appendix B- FY 2016 EMPG Program Funding Guidelines laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website: http://www.dol.�zov/compliance/laws/comp-dbra.htm. Maintenance and Sustainment The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media- libraa/assets/documents/'12474. Unallowable Costs Prohibited Equipment: Grant funds may not be used for the purchase of Prohibited Equipment. Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete Prohibited Equipment List. For additional information on Prohibited Equipment see Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition, and the Recommendations Pursuant to Executive Order 13688. Expenditures for weapons systems and ammunition Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities Activities and projects unrelated to the completion and implementation of the EMPG Program In general, recipients should consult with their EMPG Regional Program Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. Page 39 of 46 Appendix B- FY 2016 EMPG Program Funding Guidelines Personnel Data Table Template Personnel Data Table Definitions Line 1 — All EMPG Program funds (Fed & match) allocated for state emergency management personnel Line 2 — All EMPG Program funds (Fed & match) allocated towards non -state emergency management personnel (Local, Tribal, Territories) Line 3 — Total Number of state emergency management full-time equivalent (FTE) personnel (including those supported and not supported by the EMPG Program) Line 4 —Number of state emergency management full-time equivalent (FTE) personnel supported by the EMPG Program Line 5 — Total Number of state and local emergency management personnel funded (fully or partially) by the EMPG Program. This number provides the "Universe" number for the Training & Exercise templates Training Data Table To facilitate consistent data reporting and performance measures collection, a Training Data Table should be completed for training courses that meet the EMPG reporting requirements. This template should reflect training activities outlined in the Multi -Year TEP and completion of EMPG Program training requirements. EMPG Program funded personnel should complete the listed training requirements and record proof of completion. Page 41 of 46 Appendix C- FY 2016 EMPG Program Work Plan • Challenges/Risks. Identify any challenges to implementing this project or any of its activities. o Quarterly Activity. Break each project down into quarterly activities. For each quarter, briefly identify the activities that will accomplish the planned project. This information will provide the foundation for the second component of the Quarterly Performance Progress Report. ® Step. Provide the status of planned quarterly activities (Initiate, Plan, Execute, Control, and Closeout). o Comments. Briefly describe the reason for the project status and provide other comments as needed. Include the number of training sessions funded and the number of personnel trained in this section. Grant Activities Outline - Template Name of Planned Project: Project Objective: Core Capabilities Addressed: Performance Measure and Basis of Evaluation: Challenges/Risks: 15C Quarter Activity Planned Activities: Step: Comments: 10/l/15-12/31/15 2nd Quarter Activity Planned Activities: Step: Comments: (1/l/16-3/31/16) 3`d Quarter Activity Planned Activities: Step: Comments: 4/l/16-6/30/16 4th Quarter Activity Planned Activities: Step: Comments: 7/l/16-9/30/16 5th Quarter Activity Planned Activities: Step: Comments: (10/1/16-12/31/16 6`h Quarter Activity Planned Activities: Step: Comments: (1/l/17-3/31/17) 7`h Quarter Activity Planned Activities: Step: Comments: (4/l/17-6/30/17 8`h Quarter Activity Activities: Step: Comments: (7/l/17-9/30/17)Planned Project Management Lifecycle Steps Description Process The authorization to begin work or Involves preparing for, assembling Initiate resume work on any particular activity resources and getting work started. May apply to any level, e.g. program, project, phase, activity, task. Page 45 of 46 Appendix C- FY 2016 EMPG Program Work Plan (Cal OES Use Only) gal OES # 059-00000 FIPS # VS# Subaward # CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES GRANT SUBAWARD FACE SHEET The California Governor's Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following: 1. Subrecipient: Huntington Beach 1a. DUNS#: 07-814-3948 2. Implementing Agency: Huntington Beach 2a. DUNS#: 07-814-3948 3. Implementing Agency Address: 2000 Main Street Huntington Beach 92648-0000 Street City Zip+4 4. Location of Project: Huntington Beach Orange 92648-0000 City County Zip+4 5. Disaster/Program Title: EMPG 6. Performance Period: 07/01/16 to 06/30/16 7. Indirect Cost Rate: WA; ❑ 10% de Minimis; ❑ Federally Approved ICR; Grant Year Fund Source A. State B. Federal C. Total D. Cash Match E. In -Kind Match F. Total Match G. Total Project Cost Select 8. EMPG $30,310 $30,310 $30,310 $60,620 Select 9. Select Select 10. Select Select 11. Select 12. TOTALS $30,310 1 $30,310 1 $30,3101 1 $30,310 12G. Total Project Cost: $60,620 13. This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, and the Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal DES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget. 14.Official Authorized to Sign for Subrecipient: Name: Brevyn Mettler Telephone: (714) 374-1565 FAX: (area code) (area code) Payment Mailing Address: 2000 Main Street 15. Federal Employer ID Number: 95-600723 Title: Emergency Services Coordinator Email: bmettler@surfcity-hb.org City: Huntington Beach Zip+ 4: 92648-0000 Signature: Date: 10/25/16 (FOR Cal OES USE ONLY) I hereby certify upon my personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. Cal OES Fiscal Officer Date Cal OES Director (or designee) Date Grant Award Face Sheet - Cal DES 2-101 (Revised 7/2015) r Fiscal Year 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PROGRAM California Supplement to the Federal Program Notice of Funding Opportunity; or, The State Guidance Director's Message California is the leader in emergency management and homeland security, a reputation earned empirically through hard work, dedication, and synergistic partnerships. However; now more than ever, state, local, and tribal governments are expected to do more to protect and prepare the State of California from all -hazards, both natural and human -caused. In the past several years, state, local, and tribal governments have increased their emergency response and management workload to be responsive to the increased needs of the public and, in part, to higher public safety awareness due to the recent disasters, such as the prolonged drought, Napa earthquake, active shootings and terrorist events, and the third worst fire season in California history. California must be ready to respond to multiple major events, as well as a catastrophic earthquake or flooding event. A safe and resilient California relies on strong, cohesive leadership and meaningful partnerships between all stakeholders. Protecting lives, property, and the environment in the most populous, diverse state in the nation is not an easy task; but, by enlisting, entrusting, empowering, and encouraging our state, local, and tribal partners, we will achieve our goal of safe and resilient communities. Given the necessary work that we must all do to ensure California's optimum readiness to withstand or rebound from any hazard, event, or emergency, it is essential that we leverage all available funding streams, including emergency management grant funds, to assist us in our joint mission. To that end, I am pleased to announce the release of the California Governor's Office of Emergency Services (Cal OES) Fiscal Year 2016 Emergency Management Performance Grant (EMPG) Program — California Supplement to the Federal Program Notice of Funding Opportunity; or The State Guidance. MARK S. GHILARDUCCI Director Table of Contents FEDERALPROGRAM GUIDANCE...................................................................................................................... I INFORMATIONBULLETINS.............................................................................................................................. I GRANT MANAGEMENT MEMORANDUMS........................................................................................................ I PURPOSE OF THIS SUBAWARD & GUIDANCE................................................................................................... I ELIGIBLE SUBAWARD SUBRECIPIENTS............................................................................................................ 1 SUBRECIPIENTS / PASS -THROUGH ENTITIES................................................................................................... I PERFORMANCEPERIOD...................................................................................................................................2 MATCHREQUIREMENTS.................................................................................................................................2 ALLOCATIONSAND METHODOLOGY...............................................................................................................2 EXCESSFUNDS...............................................................................................................................................2 INDIRECTCOSTS.............................................................................................................................................2 CONFLICTOF INTEREST..................................................................................................................................2 SUBAWARD TIMELINES / KEY DATES.............................................................................................................3 WHAT'S NEW?...............................................................................................................................................4 EMPGPROGRAM EMPHASIS..........................................................................................................................4 APPLICANT RESPONSIBILITIES........................................................................................................................5 APPLICATION DOCUMENTS.............................................................................................................................5 OPTIONAL APPLICATION COMPONENTS..........................................................................................................6 GOVERNINGBODY RESOLUTION(GBR).........................................................................................................6 ADDENDUM TO GOVERNING BODY RESOLUTION...........................................................................................6 OFFICIAL WRITTEN CORRESPONDENCE..........................................................................................................6 SOLESOURCE PROCUREMENT........................................................................................................................6 GRANTASSURANCES......................................................................................................................................7 NIMSADOPTION............................................................................................................................................7 APPLICATIONDUE DATE................................................................................................................................7 APPLICATIONSUBMITTAL...............................................................................................................................8 EMPGPROGRAM SPECIALISTS.......................................................................................................................8 MAILINGADDRESS.........................................................................................................................................8 APPROVAL OF APPLICATION...........................................................................................................................8 ADDITIONALFUNDS.......................................................................................................................................8 APPLICABLE LAWS & REGULATIONS..............................................................................................................9 ENVIRONMENTAL PLANNING AND HISTORIC PRESERVATION (EHP) COMPLIANCE ........................................9 FEDERALLY MANDATED OBJECTIVE INFORMATION.....................................................................................10 EXTENSIONREQUESTS..................................................................................................................................10 VALIDATING CAPABILITIES OBJECTIVE: DEVELOP AND MAINTAIN MULTI -YEAR TEPS .............................. 11 VALIDATING CAPABILITIES OBJECTIVE: EXERCISE...................................................................................... I I VALIDATING CAPABILITIES OBJECTIVE: TRAINING...................................................................................... 12 TRAINING FEEDBACK NUMBER..................................................................................................................... 13 SUBCONTRACTS............................................................................................................................................ 13 SYSTEM FOR AWARD MANAGEMENT (SAM)............................................................................................... 13 MAINTENANCE AND SUSTAINMENT.............................................................................................................. 13 UNALLOWABLECOSTS.................................................................................................................................14 SUPPLANTING...............................................................................................................................................14 ACCESSIBILITYOF RECORDS........................................................................................................................ 14 REIMBURSEMENTOF ELIGIBLE COSTS..........................................................................................................14 SUBAWARD MODIFICATIONS........................................................................................................................14 PERFORMANCEREPORTS..............................................................................................................................15 CLOSEOUT.................................................................................................................................................... 15 RECORDSRETENTION................................................................................................................................... 15 FINALSUBAWARD REPORT...........................................................................................................................15 AUDITREQUIREMENTS.................................................................................................................................15 MONITORING SUBAWARD PERFORMANCE....................................................................................................15 SUBAWARD-RELATED DOCUMENTS:' • FINANCIAL MANAGEMENT FORMS WORKBOOK (FMFW) — (REQUIRED) • GOVERNING BODY RESOLUTION (GBR) & ADDENDUM TO GBR — (REQUIRED) • GRANT ASSURANCES — (REQUIRED) • FY 2016 EMPG PROGRAM APPLICATION CHECKLIST — (REQUIRED) • INDIRECT COST RATE NEGOTIATION AGREEMENT — (REQUIRED IF APPLICABLE) • EXCESS FUNDS STATEMENT FORM — (OPTIONAL) • ADDITIONAL PROJECT USING EXCESS FUNDS FORM — (OPTIONAL) • ADDITIONAL PROJECT USING EXCESS FUNDS DETAILED BUDGET FORM — (OPTIONAL) • HOW TO SUBMIT AN EMPG MODIFICATION REQUEST — (INSTRUCTIONAL) • HOW TO SUBMIT AN EMPG REIMBURSEMENT REQUEST — (INSTRUCTIONAL) 1 All documents are located on the Cal OES website at: http://www.caloes.ca.gov/GrantsNianagementSite/Paees/Emergency-Manaoement- Performance-Grant.as Federal Program The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Guidance Fiscal Year 2016 Emergency Management Performance Grant Program (EMPG) was published on February 16, 2016.2 Information DHS issues Information Bulletins that provide updates, clarification, and requirements Bulletins throughout the life of the grant.3 Grant Cal OES periodically issues Grant Management Memorandums (GMMs). GMMs that Management provide additional information regarding EMPG funds are located on the Cal OES website.4 Memorandums Purpose of this The purpose of the Emergency Management Performance Grant (EMPG) Program is to Subaward & provide federal funds to states to assist state, local, and tribal governments in preparing for all Guidance hazards. Funds provided under the EMPG must be used to support activities that contribute to the Operational Area's capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and disasters, whether natural or man-made. This California Supplement to the Federal Program Notice of Funding Opportunity; or, The State Guidance will provide the Operational Areas (OAs) with guidance and forms to apply for, perform, and closeout the FYI EMPG subaward. This supplemental guide specifies the performance period, objectives, eligible activities, and other Subaward-related information and requirements. This document is to supplement The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency Management Performance Grant Program (EMPG). Eligible The eligible Subaward subrecipients are the 58 county Operational Areas (OAs). The Tribal Subaward Guidance will be issued under separate cover. Subecipients (Subrecipients may contract with any other public or private organizations to perform eligible activities on approved projects.) Note: Cal OES is the `recipient'; the county is the `subrecipient'; and the county's pass - through entities are `subrecipients.' For a definition of the term subrecipient, refer to 2 Code of Federal Regulations (C.F.R.) § 200.93. Subrecipient / Any time grant funds are given to a subrecipient, such as a political subdivision (city, town, Pass -Through or special district) or federally -recognized tribe, the county/pass-through entity must ensure Entities that the terms and conditions of this Subaward are included as part of the subaward agreement with the subrecipient. Z The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency Management Performance Grant Program (EMPG) may be viewed and downloaded at: http:/hvww.fema.gov/media-library-data/1455571902574- a84f5alb2f450795a70ccelf5ee7b967/FY 2016 EMPG NOFO_FINAL.pdf. 3 Information Bulletins may be obtained at: http://www.fema.Pov/rants/grant-programs-directorate-information-bulletins. 4 GMMs are located at http://www.caloes.ca.aov/GrantsManagementSite/Panes/I'met-Eency-Management-Performance-Grant.aspx. Performance The performance period for FY16 EMPG is July 1, 2016, through June 30, 2017. All Period subaward activities must be completed and all grant funds expended within this period. Pending receipt of all valid application materials, Subrecipients may request retroactive reimbursement of Financial Management Forms Workbook (FMFW) approved activities and budgeted items to the start of the performance period listed above; with the exception of equipment and critical emergency supplies. Procurement of equipment and critical emergency supplies shall occur only after the OA is in award, and any applicable federal, as well as state, restrictions associated with these items have been met. Match The FY16 EMPG requires a dollar -for -dollar match. This can be cash or third party in -kind Requirements contributions. Refer to 2 C.F.R. § 200.29 and § 200.306 for specific details. Allocations and California will subaward a total of $15,481,623 to Operational Areas. The local allocations Methodology Were determined using a $125,000 base award, with remaining funds distributed using per capita figures in the Department of Finance's yearly report called: E-I: City/County Population Estimates with Annual Percent Changes Excess Funds While developing an application, if it is determined that all allocated funds cannot be expended by the end of the performance period and the need to return funds to Cal OES exists, then it will be necessary to complete the Excess Funds Statement Form.6 These funds may then be reallocated to other OAs who have identified one-time projects they would like to undertake; if funding is available and the project is selected for funding by Cal OES. Indirect Costs Indirect costs are allowable under the FY16 EMPG subaward. Subrecipients wishing to claim indirect costs may do so using either of the following two methods: 1. Subrecipients with an indirect cost rate approved by their 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 described in 2 C.F.R. § 200.68 and Subpart E. Indirect costs are in addition to the M&A allowance, and must be included in the subaward application as a "Project" and reflected in the FMFW on the Indirect Cost Category Ledger if being claimed under the subaward. Conflict of Subrecipients must disclose to their Cal OES EMPG Program Specialist, in writing, Interest any real or potential conflict of interest as defined by the federal, state, local, or tribal statutes or regulations or their own existing policies, which may arise during the administration of the EMPG.award within five days of learning of the conflict of interest. 5 This report can be accessed at the following website: http://www.dof.ca.pov/research/demographic/reports/estimates/e-1/view.php. 6 This form is located at: http://www.caloes.ca.eov/GrantsManagementSite/Paees/Emerp-encv-Manaaement-Performance-Grant.aspx, under EMPG Forms. [2] Subaward Timelines / Key Dates February 16, 2016 DHS releases announcement of FY16 EMPG March 18, 2016 Cal DES's Application due to DHS May 27, 2016 California Supplement to the Federal Program Notice of Funding Opportunity; or, The State Guidance released June 7, 14, 15, 17, 21, 22, 2016 EMPG Application Workshops June 24, 2016 Electronic copy of completed FMFW and other application documents due to your Cal OES EMPG Program Specialist for review and vetting July 1, 2016 Subreci ient Performance Period Begins July 22, 2016* The OA's completed/vetted applications must be received by Cal OES Grants Management *Submit as soon as possible, but Unit Program Specialist by this date no later than July 22, 2016 September 2, 2016 Anticipated date that OAs will be notified of application approval and award September 30. 2016 DHS awards grant funds to Cal OES September 30, 2016 MY-TEPs due to be submitted October 14, 2016 Submission of the FY16 EMPG Performance Report for the Period of 7/1/2016 — 9/30/2016 January 13, 2017 Performance Report due to Program Specialist for 7/1/2016— 12/31 /2016 April 14, 2017 Performance Report due to Program Specialist for 7/1/2016 — 3/31/2017 June 30, 2017 Subrecipient performance period ends. All subaward activities must be completed and all rant funds expended July 14, 2017 Final Performance Report due to Program Specialist for 7/1/2016 — 6/30/2017 July 14, 2017 Final Reimbursement Request due to Program Specialist September 30, 2017 Cal DES's Federal Performance Period Ends [3] What's New? • Restrictions regarding certain AEL equipment, known as "Controlled Equipment" went into effect on October 1, 2015, and are applicable to the FY16 EMPG Program. On February 16, 2016, FEMA released an Information Bulletin (IB) on the topic entitled "Information Bulletin 407: Use of Grant Funds for Controlled Equipment."7 IB 407 provides details on the process and requirements for requesting controlled equipment. FY16 EMPG subrecipients seeking acquisition of controlled equipment using FY 16 EMPG funds must complete FEMA Form 087-0-0-1: Controlled Equipment Requests and submit it to their Cal OES EMPG Program Specialist for review, consideration, and potential approval. Note: Acquisition of the controlled equipment may NOT occur PRIOR to the subrecipient receiving a FEMA Grants Program Directorate (GPD) approval from their Cal OES EMPG Program Specialist, as well as satisfying all other controlled equipment associated requirements and certifications. Failure to comply may result in disallowance of costs, increased monitoring, and termination of subaward. EMPG The FY16 EMPG Program will focus on the building, sustainment, and delivery of all -hazards Program emergency management capabilities in the following areas: Emphasis a Planning • Organization • Equipment Acquisitions • Training • Exercises • EOC Construction and Renovation • Maintenance and Sustainment The FY16 EMPG Program plays an important role in the implementation of the National Preparedness System (NPS)9 by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the National Preparedness Goal (NPG). The development and sustainment of these core capabilities are not exclusive to any single level of government or organization, but rather require the combined effort of the whole community. The FY16 EMPG Program supports all core capabilities in the Prevention, Protection, Mitigation, Response, and Recovery mission areas based on allowable costs. ' Information Bulletin No. 407 can be located at: littps://www.fema.E�ov/media-library/assets/documents/1 14557 B FEMA Form 087-0-0-1 can be located at: https://www.fema.,gov/media-librarv/`assets/documents/I 15708 9 The National Preparedness System can be located at: http://kvww.fema.2ov/national-preparedness-system [4] Applicant The applicants' responsibilities are to: Responsibilities 1. Submit a finalized FMFW application, both electronic copy and hard copy, to their Cal OES EMPG Program Specialist as soon as possible, but no later than July 22, 2016; along with all other required application components. Note: An electronic copy of the proposed FMFW and other required application documents shall be submitted for Program Specialist review and vetting prior to submission of signed hard copy original. The electronic copy of the FMFW and other required application documents should be submitted for Cal OES review by no later than June 24, 2016. 2. Comply with all terms and conditions contained in the Grant Assurances submitted with the FYI EMPG application. In addition, if the OA subawards funds to other entities, their subaward agreements/contracts must also include these same terms and conditions; along with any local requirements. 3. Prepare and submit timely Performance Reports for the duration of the performance period. 4. Maintain financial management systems that support subaward activities in accordance with 2 C.F.R. § 200.302. 5. Submit revision requests to Cal OES and obtain approval prior to incurring any associated expenditures; if changes are required after the initial subaward. Further details are included in this guidance under "Subaward Modifications." 6. Deobligate unexpended subaward funds to Cal OES after all work has been completed and reimbursements have been disbursed. 7. Maintain property, programmatic, and financial records in accordance with the 2 C.F.R. Part 200 record retention requirements. S. Comply with the audit requirements in 2 C.F.R. Part 200 Subpart F—Audit Requirements. 9. Complete all EMPG requirements associated with federal and state objectives; including but not limited to, staff training and exercises. 10. Submit all subaward-related paperwork including: Performance Reports, Reimbursement Requests, Modification Requests, and Amendments, by the identified due dates. 11. Comply with 2 C.F.R. Part 200 and FEMA Grant Programs Directorate (GPD) Policies. 12. Comply with DHS FY 2016 EMPG Program NOFO and the Cal OES FY 2016 EMPG Program - California Supplement to the Federal Program NOFO, as applicable. Application The application must include the following components:10 Documents 1. Financial Management Forms Workbook (FMFW) 2. Governing Body Resolution (GBR) 3. Addendum to Governing Body Resolution 4. Grant Assurances 5. FYI Emergency Management Performance Grant Application Checklist 6. Indirect Cost Rate Negotiation Agreement; if applicable* *If claiming indirect costs at a federally -approved rate, then you must provide a copy of your approved indirect cost rate Negotiation Agreement — see Indirect Costs on page 2 of this Guidance. 10 Application documents are located on the Cal OES website on the Emergency Management Performance Grant page at: http:/hvww.caIoes.ca.gov/GrantsManaLe mentS ite/Paees/Emereencv-Manaeement-Performance-Grant.aspx. [51 Optional Excess Funds Statement Form - While developing an application, any excess funds should Application be identified and returned to Cal OES so that the funds may be reallocated to other OAs. Components In this case, it will be necessary to complete and submit the Excess Funds Statement Form to your Program Specialist by the application due date. Additional Project Using Excess Funds Form and Additional Project Using Excess Funds Detailed Budget - these two forms are to be used for requesting additional funding; should it become available. Governing The GBR appoints agents authorized to execute any actions necessary under this subaward. Body Universal GBRs can be used for up to three years as long as the majority of the original Resolution approving Board members (three out of five) are still currently on the Board. If past GBRs are (GBR) going to be utilized for present applications, then the OA will still need to submit a copy with their application. Universal GBRs are strongly encouraged; this refers to a GBR that does not identify a specific subaward amount, specific subaward years, and does not identify a specific grant program by name. Addendum to Governing Body Resolution For each person or position appointed by the governing body, submit the following information to Cal OES, along with the Resolution, on the applicant's letterhead: e Name e Title e Jurisdiction e E-Mail Address e Street Address, City, & Zip Code e Phone and Fax Number(s) Note: Changes identifying the Authorized Agent can be made if and when necessary. If the Governing Body Resolution identifies the Authorized Agent by name, a new Resolution and corresponding Addendum to the GBR are needed when any changes are made. If the Governing Body Resolution identified the Authorized Agents by position and/or title, changes can be made by only submitting a new Addendum to the GBR. Cal OES will not accept signatures of an Authorized Agent's designee. Official Written For the EMPG Program, all official written correspondence from Cal OES will be mailed to the Correspondence payment mailing address, identified on the Grant Subaward Face Sheet, and addressed to the Authorized Agent who signed the Grant Subaward Face Sheet. Sole Source To be eligible for reimbursement, sole source (or noncompetitive) procurements exceeding the Procurement simplified acquisition threshold (which is established by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 and is currently set at $150,000) require Cal OES prior written approval. Note: This method of procurement must be approved by your 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 submission; additional documentation supporting the procurement effort may also be requested for review by Cal OES. [61 Grant The Grant Assurances form lists the requirements to which the OA will be held accountable. Assurances OAs are required to file a new Grant Assurances form with the FY16 EMPG application. Failure to comply with any of the Grant Assurances may result in suspension, termination, or reduction of grant funds. The State may suspend or terminate subaward funding, in whole or in part, or other measures may be imposed for any of the following reasons: • Failing to expend funds in a timely manner consistent with the subaward milestones, guidance, and assurances • Failing to comply with the requirements or statutory objectives of federal or state law • Failing to make satisfactory progress toward the goals or objectives set forth in the subaward application • Failing to follow 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 • Failing to submit required reports on time • Providing false certification in the application or other report or document • Failing to adequately manage, monitor, or direct the subaward funding activities of their subrecipients • Failing to submit a Reimbursement Request Before taking action, the State will provide the subrecipient reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. NIMS Adoption In accordance with the Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents, the adoption and implementation of the National Incident Management System (NIMS) is a requirement to receive federal preparedness assistance, through grants, contracts, and other activities. This certifies that the OA will complete the NIMS Implementation Tool, is working on their metrics, and has adopted and implemented NIMS. For further details and/or assistance regarding NIMS-related matters contact Cindy Shipley at cvnthia.shipleyg,,caloes.ca.gov, (916) 845-8753. Application Due The application must be received by Cal OES no later than 5:OOpm on July 22, 2016*. Date *The completed application packet should be submitted as soon as possible after being vetted by your Cal OES EMPG Program Specialist; however, by no later than July 22, 2016. [7] Application The completed original hard copy of the FMFW and all other application components must be Submittal mailed with original signatures, with enough time to be received by Cal OES's Grants Management Section by the application due date. Signatures should be in ink. OAs will also submit an electronic copy of the completed FMFW to their Program Specialist. All application materials should be submitted as soon as possible; however, they must be received by Cal OES Grants Management Section by no later than July 22, 2016, at S:OOpm. Note: To streamline the process, electronically submit the completed FMFW to your EMPG Program Specialist prior to submitting a signed hard copy, in order to identify any corrections or adjustments that may need to be addressed. The electronic copy of the FMFW should be submitted for Cal OES review by no later than June 24, 2016. Work closely with your Program Specialist" to ensure that all application documents are complete and accurate. Further, EMPG Program Specialists (Grant Management Staff) are available to assist in any EMPG-related matters. If the application is received with errors or is incomplete, this will cause a delay in receiving your Notification of Application Approval letter during September 2016. Subrecipients must receive the Notification of Application Approval letter prior to drawing down any grant funds. EMPG Grant Management Staff: Program Inland Region — Patti Delaney: patti.delanevLa]caloes. ca. gov, (916) 845-8469 Specialists Coastal Region — Cheryl McCorkle: cheryl.mccorkle(i�caloes.ca.yov, (916) 845-8415 Southern Region — Christine So: christine.soAcaloes.ca.gov, (916) 845-8383 Tribal Nations — Cheryl McCorkle: cheryl.mccorkle a caloes.ca. _ og_v, (916) 845-8415 Mailing Cal OES Address Emergency Management Grants Unit (EMGU) 3650 Schriever Avenue Mather, CA 95655 Approval of Cal OES will notify the CA, in writing, of the approved application, subaward amount, and Application performance period. Subrecipient reimbursements will not be made until all required application components have been approved by the State. Additional In order to reallocate any identified excess, declined, or deobligated funds, we are asking the Funds OAs to submit one-time EMPG eligible projects that they can fully execute in a two -to -five month period, as well as, within the subaward performance period. The Additional Project Using Excess Funds Form and Additional Project Using Excess Funds Detailed Budget should be submitted if an CA is interested in additional funds.12 If selected for funding, the applicant will be required to submit an FMFW Modification Request and an Amendment Form that will comprehensively integrate the approved excess funds project(s), both financially and programmatically, into their existing, approved FMFW application. These documents need to be submitted within 15 days of being notified; or funds may be re -directed to some other project(s). Additional funding requests may be submitted at any time but preferably during the application phase. tt Emergency Management Grants Unit contact information: http://www.caloes.ca.izov/GrantsMana2ementSite/Paces/Emergencv- Manai4ement-Performance-Grant.asox under the heading of Regional Assignments. " These forms are located at: httr)://www.caloes.ca.P-ov/GrantsManaP-ementSite/Pa2es,/Emerpencv-Management-Performance-Grant,asDx. under EMPG Forms 181 Applicable OAs must ensure that local and internal departments are aware of the following laws, Laws & regulations, and guidance documents that apply to this subaward: Regulations a Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended Title 2 C.F.R. Part 200 • California Emergency Services Act, Chapter 7 of Division l of Title 2 of the Government Code — which provides the legal basis for Emergency Management activities in California • Government Code Section 8607 describes the Standardized Emergency Management System • California Supplement to the Federal Program Notice of Funding Opportunity; or, The State Guidance, provided by Cal OES • The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency Management Performance Grant Program (EMPG). • FEMA Grant Programs Directorate (GPD) Policies Environmental FEMA is legally required to consider the potential impacts of all grant -funded projects on Planning and environmental resources and historic properties. For the EMPG Program and other preparedness Historic grant programs, this is accomplished through FEMA's Environmental Planning and Historic Preservation Preservation (EHP) review. Any project with the potential to impact natural or biological resources, or historic properties, or involving installation, or that involves Emergency Operation (EHP) Center construction and renovation cannot be initiated until FEMA has completed the required Compliance EHP compliance review. Subrecipients that implement projects prior to receiving EHP approval from FEMA risk de - obligation of funds. Subrecipients who are proposing communication tower projects are encouraged to complete their Federal Communications Commission (FCC) EHP process prior to preparing their EHP review materials for the Grants Program Directorate (GPD), and to include their FCC EHP materials with their submission to GPD. EMPG Program projects that involve the installation of equipment; ground -disturbing activities; new construction, including communication towers; or modification/renovation of existing buildings or structures must undergo a FEMA EHP review. Note: EHP review requests may require that a confidential California Historical Resources Information System (CHRIS) report be provided to FEMA.13 Furthermore, for those proposed construction or renovation projects that are part of larger projects funded from a non-FEMA source (such as an Emergency Operation Center that is part of a larger proposed public safety complex), a FEMA EHP review must be completed before the larger project is initiated. For these types of projects, subrecipients must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-1)14 and submit it, with all supporting documentation, to Cal OES. Note: Subrecipients should submit the FEMA EHP Screening Form for each applicable project as soon as possible. However, to ensure that ample time exists to allow for the FEMA EHP review and approval process, as well as the subsequent execution of the subaward-funded project, all subrecipient EHP-related documents must be received by Cal OES no later than December 31, 2016. Exceptions to this due date will be at the discretion of Cal OES, based on 13 Information regarding CHRIS can be obtained at: http://ohp.parks.ca.gov/?page id=1068. 14 The FEMA EHP Screening Form can be located at: https://www.fema.yov/media-librarv/assets/documents/90195. 191 Environmental exceptional circumstances and/or compelling justification. Planning and Refer to FEMA GPD EHP Policy Guidance FP-108-023-1 (located at: Historic https://www.fema.gov/media-library/assets/documents/85376) and I13404 (located at: Preservation http://www.fema. ov/ rants/ rant -programs -directorate -information -bulletins) for further details (EHP) on EHP requirements. The EHP Screening Form can be downloaded at: Compliance, https://www.fema.gov/media-library/assets/documents/90195. Continued Forward completed EHP documents electronically, to the appropriate Cal OES EMPG Program Specialist. The following activities would not require the submission of the FEMA EHP Screening Form: planning and development of policies or processes; management and administrative or personnel actions; classroom -based training; tabletop and functional exercises; and acquisition of mobile and portable equipment (not involving installation). Projects initiated without proper EHP review will not be funded. Projects that were initiated or completed before an EHP review was concluded, using EMPG Program funds, will be deobligated. To avoid unnecessary delays in starting a project, subrecipients are encouraged to pay close attention to the reporting requirements for an EHP review. Federally Validating Capabilities, Priority Objective, and Performance Measures`' Mandated To address the EMPG priorities, an objective has been identified and given a set of performance Objective measures and associated reporting requirements to determine how effective subrecipients are in utilizing EMPG Program funding to prepare for all hazards, and advance a whole community Information approach. With these measures, subrecipients must evaluate their progress toward achieving the stated objectives in the quarterly EMPG Performance Report and in compliance with all reporting requirements. Extension Extensions to the initial period of performance identified in the subaward will only be Requests considered through formal, written requests to your EMPG Program Specialist. Upon receipt of extension requests, Cal OES will: (1) verify compliance with performance reporting requirements by confirming that the subrecipient has submitted all necessary performance reports; (2) confirm that the subrecipient has provided sufficient justification for the request; and (3) if applicable, confirm that the subrecipient has demonstrated sufficient progress in past situations where an extension was authorized by Cal OES. To be considered, extension requests must be received no later 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. Additionally, period of performance extension requests should be limited to one month in duration. Only under extenuating and extremely compelling circumstances will two -month extensions be considered. Extension Requests beyond two months will not be considered. 'S The Federally Mandated Objectives can be located in The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency Management Performance Grant Program (EMPG), Appendix A-FY 2016 EMPG Program Priorities, pages 25-30 at: http://www.fema.eov/media-library-data/1455571902574- a84 f 5a 1 b21450795a70cce 1 f5ee7b967/FY_2016_EMPG_NOFO_FINAL.pdf: [10] Validating Subrecipient Requirements: Capabilities Objective• 1. All subrecipients are required to develop a Multi -Year (MY) Training and Exercise Plan (TEP) that incorporates linkages to the NPG core capabilities and update it annually. The Develop and MY-TEP shall encompass the period of January 1, 2017 — December 31, 2018. Maintain Multi- 2. The MY-TEP must be submitted to the Cal OES Exercise Division POCs and EMPG Year TEPs Program Specialist by September 30, 2016. Note: MY-TEPs shall be e-mailed to Cal OES Exercise Division Points of Contact (POCs), with a copy to their EMPG Program Specialist (Grant Management Staff) no later than September 30th each year. Exercise POCs listed below are available for assistance, if needed, in any exercise -related matters. Southern Region — Steve Nunez: steve.nunezawcaloes.ca.l ov Inland Region — Kevin Leisher: kevin.leisher(acaloes.ca.goy Coastal Region — Kevin Leisher: kevin.leisherLa caloes.ca.gov Measurement Method: • Submission to Cal OES of an updated MY-TEP. Reporting: • Subrecipients must report in the EMPG Performance Report their compliance with submitting an updated MY-TEP to Cal OES. Validating 1. All EMPG Program -funded personnel shall participate in no less than three exercises in a Capabilities 12-month period. This 12-month period shall be the subaward performance period of Obiectiye' July 1, 2016 — June 30, 2017, regardless of time extensions. EMPG Program -funded Exercise personnel are any personnel paid at any percentage with EMPG funding, including M&A staff. There is no specific requirement for level of "participation" in the exercises; so, observation and attendance satisfies the objective. The exercises can be of any type (e.g., discussion -based or operations -based) within the performance period (see https://www.fema.gov/media-library/assets/documents/32326). 2. An After Action Report/Improvement Plan (AAR/IP) must be completed by the host of each EMPG-funded exercise and submitted to hseep(&fema.dhs.gov, and a copy sent to your EMPG Program Specialist within 90 days after the completion of an exercise. 3. A summary of all collected corrective action items and the tracking of their implementation shall be reported as part of the EMPG quarterly reporting. Additional information and guidance related to AAR/IPs and the National Exercise Program (NEP) Base Plan can be found on the Homeland Security Exercise and Evaluation Program (HSEEP) website at https://www.fema.gov/media-library/assets/documents/32326. Note: It is acceptable to submit an Exercise Summary Report for Seminars and Workshops in lieu of a full AARAP. E-mail the copies of the AAR/IPs to your EMPG Program Specialist. Validating A summary of all collected corrective action items and a tracking of their implementation shall Capabilities be reported as part of the EMPG quarterly reporting. FEMA encourages the use of the HSEEP. Objective: Exercise Division staff are available for assistance with any exercise -related questions or Exercise, matters. Continued Measurement Method: • Percent of exercises participated by the OA's EMPG-funded personnel. • Submission of an AAR/IP completed by the host of the EMPG-funded exercises. Reporting: • Subrecipients must report quarterly in the EMPG performance report, the percent completed of the exercise requirements for the EMPG-funded personnel. • Subrecipients must submit AAR/IPs for each EMPG-funded exercise, if the exercise is hosted by the subrecipients. AAR/IPs will be completed by the host of the exercise. Participants do not have to individually complete an AAR/IP. Validating Training activities supported with EMPG Program funds should strategically align to the NPG Capabilities core capability identified in the MY-TEP. To ensure the development of a professional Objective: emergency management workforce, all EMPG Program -funded personnel shall complete 11 training requirements and record proof of completion. EMPG Program -funded personnel are any Training personnel paid at any percentage with EMPG funding; this includes M&A staff funded by EMPG Program funds. All EMPG Program -funded personnel shall complete the following training requirements by June 30, 2017: National Incident Management Svstem (NIMS) Training: IS 100.b Introduction to Incident Command System (ICS) IS 200.b ICS for Single Resources and Initial Action Incident IS 700.a National Incident Management System, An Introduction IS 800.b National Response Framework, An Introduction FEMA Professional Development Series (PDS): IS 120.a Introduction to Exercises IS 230.d Fundamentals of Emergency Management IS 235.c Emergency Planning IS 240.b Leadership and Influence IS 241.b Decision Making and Problem Solving IS 242.b Effective Communication IS 244.b Developing and Managing Volunteers The aforementioned listed courses are available on-line and at no cost from the FEMA Emergency Management Institute (EMI) at the following links: http://training.fema.gov/IS/NfMS.aspx & http://training.fema.gov/is/searchis.aspx?search=PDS Note: The "G" course series and classroom -based equivalents can be used as an alternate to satisfy these training requirements. Past completion of the above courses (or qualifying equivalent) is considered acceptable in meeting this requirement. Recorded proof of completion, such as certificates of completion, must exist and be kept on file by the subrecipient and be made available for review upon request. [12] Validating Measurement Method: Capabilities • Percent of EMPG Program -funded personnel completing the previously identified 11 Objective: required training courses. Training, Continued Reporting: Subrecipients are required to share with Cal OES a MY-TEP that includes an exercise plan and schedule, and a plan for training personnel. Information related to MY-TEPs can be obtained by consulting Cal OES's Exercise Division POC. • Submission of a list of EMPG Program -funded personnel along with the training and dates completed is to be included in the EMPG Program quarterly Performance Reports. Training In order for EMPG Program funds to be utilized for training -related purposes, subrecipients Feedback must first obtain a Training Feedback Number. Training Feedback Numbers must be obtained Number no later than thirty (30) days prior to the training event. To be considered for a Training Feedback Number, subrecipients must complete a Training Request Form and submit it electronically to Cal OES. Training Request Forms can be obtained at the following link: https:Hw3.calema.ca.gov/WebPave/trainreq.nsf/TrainRequest?OpenForm For Training Request Form or Training Feedback Number assistance contact Johnie Garrett at iohn.garrettacaloes. ca. gov. Subcontracts In accordance with 2 C.F.R. § 200.326 Contract Provisions, any time funds are given to a contractor the subrecipient's contracts must contain the applicable provisions described in Appendix II to 2 C.F.R. Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards. The OA must monitor and ensure that the contractors are adhering to all applicable federal and state laws. The OA must not make or permit any award (subaward or contract) at any tier to any party that is debarred, suspended, or otherwise excluded from, or ineligible for participation in federal assistance programs, such as the EMPG. Subrecipients must obtain documentation of eligibility prior to any subaward of EMPG funds and be prepared to present supporting documentation to monitors. System for The System for Award Management (SAM) includes information regarding entities debarred, Award suspended, proposed for debarment, excluded or disqualified under the non -procurement Management common rule, or otherwise declared ineligible from receiving federal contracts, certain (SAM) subcontracts, and certain federal assistance and benefits. Contractor disbarment verification can be obtained from the following website: https:HNNAvw.sam.a_ov. Maintenance The use of EMPG funds for maintenance contracts, warranties, repair or replacement costs, and upgrades, licenses, and user fees are allowable under all active and future grant awards, unless Sustainment otherwise noted. With the exception of maintenance plans purchased incidental to (i.e., at the same time and under the same subaward as) the original purchase of the system or equipment, the period covered by a maintenance agreement or warranty plan must not exceed the period of performance of the specific grant funds used to purchase the plan or warranty, and address the requirements identified in FEMA Information Bulletin (IB) 379. [13] Unallowable • Expenditures for weapons systems and ammunition Costs • Costs to support the hiring of sworn officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities and projects unrelated to the completion and implementation of the EMPG Program Supplanting Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated or budgeted for the same purpose through non-federal sources. In the event that supplanting is suspected, the subrecipient will be required to supply documentation demonstrating or certifying that a reduction in non-federal resources occurred for reasons other than the receipt, or expected receipt, of federal funds. Accessibility of The federal Department of Homeland Security (DHS), the DHS Office of Inspector Records General, the Comptroller General of the United States, Cal OES, and any of their authorized representatives, shall have the right of access to any books, documents, papers, or other records which are pertinent to the subaward, in order to make audits, monitoring reviews, examinations, excerpts, and transcripts. The right of access is not limited to the required retention period but shall last as long as the records are retained. Refer to 2 C.F.R. § 200.336 for more information about accessibility of records. Reimbursement The EMPG is a reimbursement grant and therefore no cash advances are permitted under the of Eligible EMPG. The EMPG funds will be disbursed on a reimbursement basis, using the FMFW. Costs Follow the FMFW instructions for Reimbursement Requests16 and submit the signed forms to your EMPG Program Specialist. Payment will be made within 30 days after the Grants Management Section receives a valid and complete Reimbursement Request. It is strongly recommended that copies of all documents adding up to the total of each Reimbursement Request be retained to make verification by monitors and/or auditors easier. Cal OES may require submittal of these documents at any time. Subaward Post award budget, scope, and other modifications must be requested using the Cal OES FMFW Modifications and be signed by the subrecipient's Authorized Agent. A hard copy must be submitted to Cal OES and approved by Cal OES's Grants Management Section, RLju to initiating any revised scope of work or incurring the associated expenditures. The OAs may submit modifications to Cal OES once per quarter during the performance period. Exceptions to allow more modifications during a quarter will be made at Cal OES discretion and will be based on exceptional circumstances and/or compelling justification. Failure to submit modifications and receive approval prior to expenditure could result in a reduction or disallowance of that part of the subaward. Instructions on how to submit a Modification Request are available at the link identified in the footnote.17 16 The Reimbursement Request instructions are located at: http://www.caloes.ca.gov/GrantsMana.ementSite/Pa-,es/Emergencv-Management- Performance-Grant.aspx, under Tutorials. 17 The Modification Request instructions are located at: http://www.caloes.ca.gov/GrantsManagementSite/Pap-es/Emerp ement- Performance-Grant.aspx, under Tutorials. [14] Performance Subrecipients must prepare and submit Performance Reports to the State for the duration of the Reports subaward performance period, or until all grant activities are completed and the subaward is formally closed by Cal OES. The reports must include the progress made on identified activities, as well as other required information and data. Failure to submit a Performance Report could result in subaward reduction, termination, or suspension. Subrecipients must also complete a Biannual Strategy Implementation Report (BSIR) using the DHS/FEMA Grants Reporting Tool (GRT). To obtain access to the online GRT, log on to their website at www.reporting.odp.dhs.gov. To create a new account, follow the instructions that read, "If you need to register for an account, please click here." For additional assistance with the GRT, contact: Gina Avelar at gina.avelarAcaloes.ca.gov, (916) 845-8647. Closeout The State will close a subrecipient subaward after: • Receiving a subrecipient Performance Report indicating that all approved work has been completed, and all funds have been disbursed • Completing a review to confirm the accuracy of reported information • Reconciling actual costs to awards, modifications, and payments If the closeout review and reconciliation indicates that the subrecipient: • Is owed additional funds, the State will send the final payment automatically to the subrecipient • Did not use all funds received, the State will issue a deobligation amendment, invoice, or letter to recover unused funds • Did not expend all obligated grant funds, the State will require that a Grant Award Amendment be completed to deobligate the unspent funds and revert them back to the State Records Specific requirements for record retention can be found in 2 C.F. R. § 200.333. In the Grant Retention Closeout Letter, the State will notify the subrecipient of the start of the record retention period for all programmatic and financial subaward-related records. Final Subaward Cal OES will review the OA's final Performance Report for compliance with all subaward Report conditions. The final Performance Report is due to Cal OES by July 14, 2017, (unless the subaward performance period is extended) and will serve as the final subaward report. Audit The OAs, and their subrecipients, must comply with the audit requirements contained in Requirements 2 C.F.R. Part 200 Subpart F—Audit Requirements. Monitoring The State may perform periodic reviews of the OA's subaward performance. The Monitoring Subaward Division is actively conducting monitoring visits, both desk review and on -site, among Performance subrecipients. These reviews may include, but are not limited to: • Comparing actual subaward activities to those approved on the Financial Management Forms Workbook • Confirming compliance with: — Grant Assurances — Information provided on the Performance Reports • Reviewing and monitoring financial and administrative records To provide support and guidance, Grants Management Staff will be intermittently conducting on -site programmatic and financial reviews of OA's EMPG Program -related activities. [15] Cal OES OOYERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For All Cal OES Federal 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, management and completion of the project described in this application, within prescribed timelines. 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) California Supplement to the NOFO; and (d) 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 (CFR) and updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the 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. (d) The official executing this agreement is, in fact, authorized to do so. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 1 of 11 Initials f..r-` This Proof of Authority must be maintained on file and readily available upon request. 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the 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 undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 CFR § 200.212 and codified in 2 CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 2f 11 Initialsji and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals: (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 federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (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, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (42 U.S.C. §§ 12101-12213.) (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing; Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 3 of 11 Initials (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 on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (1) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, 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 (California Government Code §§12940, 12945, 12945.2), 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. 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, which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 4 of 11 Initials (e) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190); 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) Executive Order 11514 which sets forth national environmental standards. (g) 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 EO 11990 which requires preservation of wetlands; (h) The Safe Drinking Water Act of 1974, (P.L. 93-523); (i) The Endangered Species Act of 1973, (P.L. 93-205); {j) 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. 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 CFR § 200.336, 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 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 which sets forth that no subgrantee, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page S f 11 Initials 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 14. Human Trafficking The 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 grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) Comply with the provisions of 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. (b) Comply with 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 before commencing 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 Ill 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. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 6 of 11 Initials ?,-"' (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 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. (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), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.). (d) Comply with the Lead -Based Paint 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. (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 Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. 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 Rights Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 7 of 11 Initials 11,E -n- EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl@hq.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. In the event any court or administrative agency makes a finding of discrimination against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 21. Acknowledgment of Federal Funding from DHS and Use of DHS Seal, Logo, and Flags All recipients must acknowledge their 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. All recipients must obtain permission from their 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. 22. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect P1I are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PI1 they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments; Privacy Guidance and Privacy template respectively. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 8 of 11 Initials 24. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under federal financial assistance awards. 25. Energy Policy and Conservation Act All recipients 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. 26. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments, See OMB Circular A-129. 27. Fly America Act of 1974 All Applicants must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. 28. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants 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. 29. Non -supplanting Requirement All Applicants who receive awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 30. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R, Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 31. SAFECOM All Applicants who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 9 of 11 Initials?.^„ Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 32. Terrorist Financing All Applicants 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. It is the legal responsibility of recipients to ensure compliance with the Order and laws. 33. 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 office exceeds $10,000,000 for any period of time during the period of performance of this federal 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 terms and conditions of your award. 34. USA Patriot Act of 2001 All recipients 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. IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient 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, including contracts under grants and cooperative agreements and subcontracts. All recipients are bound the Department of Homeland Security Standard Terms and Conditions 2016, Version 6.0, hereby incorporated by reference, which can be found at: https://www.dhs.gov/sites/default/files/publications/Fiscal%20Year%202016%20DHS%2OGeneral°/`20T erms%20a nd%20Conditions. pdf Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 10 of 11 Initials The undersigned represents that he/she isauthorized bythe above named Applicant to enter into this agreement for and onbehalf cfthe said Applicant. 8ubnad iont Signature of Authorized Agent: Printed Name ofAuthorized Aoent Title - Emergency Management Performance Grant Program (Exxp6)'zO16Grant Assurances PoBe11 of11