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Home My WebLink AboutSTATE CalOES-FY 2021 Homeland Security Grant Program_A-21-535.pdf COU Y Count of Fresno Hall of Records,Room 301 2281 Tulare Street Fresno,California Board of Supervisors 93721-2198 O t856 O Telephone:(559)600-3529 FRE`'� Minute Order Toll Free: 1-800-742-1011 www.co.fresno.ca.us December 14, 2021 Present: 5- Chairman Steve Brandau,Supervisor Nathan Magsig, Supervisor Buddy Mendes,Vice Chairman Brian Pacheco, and Supervisor Sal Quintero Agenda No, 63. Public Health File ID:21-1091 Re: Approve and authorize the Chairman to execute a retroactive grant Application/Revenue Agreement, including Assurances, Certifications and Authorized Agent Form,with the State of California, Governor's Office of Emergency Services for the FY 2021 Homeland Security Grant Program,for the period of September 1,2021 through May 31,2024($1,081,477); retroactively approve and authorize the Director of Public Health's previous execution and submission of the grant award letter for the FY 2021 Homeland Security Grant Program; and approve and authorize the Vice-Chairman to execute the Governing Body Resolution APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero Agreement No.21-535 County of Fresno Page 68 co Board Agenda Item 63 O 1$56 O FRE`'� DATE: December 14, 2021 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Retroactive Agreement with Cal OES RECOMMENDED ACTION(S): 1. Approve and authorize the Chairman to execute a retroactive grant Application/Revenue Agreement, including Assurances, Certifications and Authorized Agent Form,with the State of California, Governor's Office of Emergency Services for the FY 2021 Homeland Security Grant Program,for the period of September 1,2021 through May 31, 2024($1,081,477); 2. Retroactively approve and authorize the Director of Public Health's previous execution and submission of the grant award letter for the FY 2021 Homeland Security Grant Program; 3. Approve and authorize the Vice-Chairman to execute the Governing Body Resolution. There is no additional increase in Net County Costs associated with the recommended actions, which will allow for the submission and execution of the non-competitive retroactive grant application/revenue agreement with the California Governor's Office of Emergency Services (Cal OES)for the FY 2021 Homeland Security Grant Program (HSGP). This is the first year in a non-competitive grant funding cycle. The County has received funding from Cal OES for the Homeland Security Program since 1999. The recommended agreement provides pass-through Federal grant funds to enhance terrorism and disaster response capabilities in Fresno County. The second recommended action is required as release of funding was dependent on Cal OES' receipt of the signed award letter within twenty days. The third recommended action is required to ensure the Chairman does not self-certify Cal OES' required forms.This item is countywide. ALTERNATIVE ACTION(s): Should your Board not approve the recommended actions, the Department would not be able to provide pass-through funding to local agencies, which would result in a decreased level of local terrorism preparedness and response. RETROACTIVE AGREEMENT: The recommended agreement was received from Cal OES on October 29, 2021 and was finalized on November 4, 2021. This item is retroactive to September 1, 2021 and is being brought before your Board within agenda item processing deadlines. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended actions. The recommended County of Fresno Page 1 File Number:21-1091 File Number.21-1091 revenue agreement of$1,081,477 represents a 3.4% ($38,069) decrease over the prior year, is non-competitive, and does not require matching funds. The County's Office of Emergency Services (County OES) administers the HSGP wherein Federal funds pass-through the County to multiple jurisdictions on a reimbursement basis. The Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) requires at least 25% ($270,369)of grant funding be utilized for law enforcement terrorism prevention activities. The recommended revenue agreement includes funding for partial recovery of grant administrative direct costs at 5% ($54,074)and associated indirect costs at 10% of those costs ($5,407). The Department's currently approved indirect cost recovery rate is 22.579% ($12,209), so the remaining indirect costs of ($6,802)will be funded with Health Realignment. Sufficient appropriations and estimated revenues of$275,000 are included in the Department's Org 5620 FY 2021-22 Adopted Budget. The remaining balance$806,477 will be included in the Department's Org 5620 FY 2022-23 Requested Budget. DISCUSSION: The DHS Appropriations Act, 2018 and the DHS FY 2021 HSGP provides funding for terrorism prevention to states, territories, urban areas, and other local and tribal governments. The funding is used to prevent, protect against, mitigate, respond to, and recover from potential terrorism and other catastrophic events. DHS continues to encourage local jurisdictions to utilize HSGP funding to build, maintain, and enhance local capabilities, such as: • Cybersecurity; • Infrastructure Systems; • Access Control and Identity Verification; • Economic Recovery; and • Long-term Vulnerability Reduction. After assessing the National risk profile for FY 2021, DHS/FEMA has determined that the following priority areas should be addressed to enhance: cybersecurity; the protection of soft targets/crowded places; information and intelligence sharing and cooperation with federal agencies, including DHS; addressing emergent threats; and Combating domestic violent extremism. The recommended grant agreement will be utilized for equipment,training, and planning in these areas. HSGP funds are allocated to multiple jurisdictions within Fresno County by a mandated HSGP Approval Authority. The Approval Authority is comprised of stakeholders, who represent their respective disciplines as follows: • Emergency Medical Services Director- Fresno County EMS; • County Fire Chief- Fresno County Fire Protection District; • Municipal Fire Chief- City of Clovis Fire Department; • Sheriff- Fresno County Sheriff-Coroner's Office; and • Municipal Chief of Police-City of Fresno Police Department. It should be noted the County has run a Homeland Security Program since 1999. This is the first year in a non-competitive grant funding cycle for the grant year 2021.The County is also currently in the second year of a non-competitive grant funding cycle for 2020, which was approved by the Board of Supervisors on February 9, 2021. Fresno County OES received notification about the possibility of funding from Cal OES on March 16, 2021 and was required to submit a proposed spending plan by April 16, 2021 to Cal OES, County of Fresno page 2 File Number.21-1091 File Number:21-1091 contingent upon your Board's approval. The recommended grant agreement was finalized by Cal OES on November 4, 2021. With your Board's approval, the recommended grant agreement is retroactively effective September 1, 2021 through May 31, 2024. The agreement may be suspended or terminated by Cal OES if the County fails to comply with the terms; however, it does not allow the County to terminate without cause. The terms also state the County shall be responsible for any liability arising out of the performance of this agreement. HR Risk has reviewed and noted that the Application-Agreement does not contain County's standard indemnification or insurance language. Risk has deemed this to be acceptable since the County is a recipient of the grant funds. REFERENCE MATERIAL: BAI #31, February 9, 2021 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk-Agreement with Cal OES CAO ANALYST: Ronald Alexander County of Fresno Page 3 File Number:21-1091 Agreement No. 21-535 l � 1 � CaIOES GOVERNOR ' S OFFICE OF EMERGENCY SERVICES Fiscal Year 2021 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity September 2021 SECTION1—OVERVIEW....................................................................................1 Federal Program Announcement Information Bulletins Grant Management Memoranda Purpose of the California Supplement Eligible Subrecipients Tribal Allocations Subrecipient Allocations Supplanting Public/Private Organizations Debarred/Suspended Parties Key Changes to the FY 2021 HSGP SECTION 2—FEDERAL CHANGES AND INITIATIVES .......................................................4 FY 2021 National Priorities National Campaigns and Programs National Cybersecurity Review NIMS Implementation Law Enforcement Terrorism Prevention Activities. Management and Administration Indirect Costs Organization Costs - Overtime Personnel Cap Equipment Typing/Identification and Use Equipment Maintenance/Sustainment Emergency Communications Projects Telecommunications Equipment and Services Prohibitions Small Unmanned Aircraft Systems Emergency Operations Plans Conflict of Interest SECTION 3—STATE CHANGES AND INITIATIVES .......................................................... 13 FY 2021 Investments California Homeland Security Strategy Goals State Initiative Funding "On Behalf Of" Public Alert and Warning SECTION 4—REQUIRED STATE APPLICATION COMPONENTS...................................... 15 Financial Management Forms Workbook Subrecipient Grants Management Assessment Application Attachments Standard Assurances Operational Areas and Urban Areas Operational Areas Only Urban Areas Only Fusion Centers Only State Agencies and Tribes Only SECTION 5—THE STATE APPLICATION PROCESS ..............................................................20 Application Submission Late or Incomplete Application HSGP Contact Information Subaward Approval SECTION 6—POST AWARD REQUIREMENTS ....................................................................22 Payment Request Process Advances and Interest Earned on Advances Semi-Annual Drawdown Requirements Modifications Training Exercises, Improvement Plans, and After-Action Reporting Procurement Standards and Written Procedures Procurement Thresholds Procurement Documentation Noncompetitive Procurement Performance Bond Environmental Planning and Historic Preservation Construction and Renovation Inventory Control and Property Management Equipment Disposition Performance Reporting Extension Requests Progress Reports on Grant Extensions Monitoring Failure to Submit Required Reports Suspension/Termination Closeout Records Retention ATTACHMENTS A - FY 2021 HSGP Final Allocations B - FY 2021 HSGP Timeline C - FY 2021 HSGP Application Checklist Section 1- Overview Federal Program In February 2021, the U.S. Department of Homeland Security Announcement (DHS)/Federal Emergency Management Agency (FEMA) issued the Fiscal Year (FY) 2021 Homeland Security Grant Program (HSGP), Notice of Funding Opportunity (NOFO) and the FEMA Preparedness Grants Manual. Subrecipients must follow the programmatic requirements in the NOFO, FEMA Preparedness Grants Manual, and the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2, Code of Federal Regulations (C.F.R.), Part 200. Information DHS issues Information Bulletins (IBs) to provide updates, Bulletins clarification, and new requirements throughout the life of the grant. Grant Cal OES issues Grant Management Memoranda (GMMs) which Management provide additional information and requirements regarding HSGP Memoranda funds. Purpose of the The FY 2021 HSGP California Supplement to the NOFO (State California Supplement) is intended to complement, rather than replace, the Supplement NOFO and the FEMA Preparedness Grants Manual. Applicants are highly encouraged to thoroughly read the NOFO and the Preparedness Grants Manual before referring to the State Supplement. The State Supplement will emphasize differences between the FY 2020 and FY 2021 HSGP and highlight additional California policies and requirements applicable to FY 2021 HSGP. Eligible Eligible Applicants, referred to as Subrecipients, include Subrecipients Counties/Operational Areas (OAs), Urban Areas (UAs), State Agencies (SAs), Departments, Commissions, and Boards who have or can obtain appropriate state Department of Finance budget authority for awarded funds, and federally-recognized tribes located in California. Tribal Allocations The NOFO strongly encourages Cal OES to provide HSGP funds directly to tribes in California. To implement this requirement, a special Request for Proposal will be issued to California's federally- recognized tribes. All Subrecipients are encouraged to coordinate with tribal governments to ensure that tribal needs are considered in their grant applications. 1 Section 1- Overview Subrecipient FY 2021 HSGP Subrecipient final allocations are provided in Allocations Attachment A and reflect reductions to Subrecipients who did not submit minimum thresholds for National Priority Areas, including Subrecipients opting out of the award altogether, and increases to Subrecipients that are helping meet statewide minimum level National Priority Area requirements. Supplanting Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose. Subrecipients may be required to provide supporting documentation that certifies a reduction in non- federal resources that occurred for reasons other than the receipt or expected receipt of federal funds. Supplanting will result in the disallowance of the activity associated with this improper use of federal grant funds. Public/Private Subrecipients may contract with other public or private Organizations organizations to perform eligible activities on approved HSGP projects. Debarred/ Subrecipients must not make or permit any award (subaward or Suspended contract) at any tier, to any party, that is debarred, suspended, or Parties otherwise excluded from, or ineligible for, participation in federal assistance programs. Subrecipients must obtain documentation of eligibility before making any subaward or contract using HSGP funds and must be prepared to present supporting documentation to monitors/auditors. Before entering into a Grant Subaward, the Subrecipient must notify Cal OES if it knows if any of the principals under the subaward fall under one or more of the four criteria listed at 2 C.F.R. 180.335. The rule also applies to Subrecipients who pass- through funding to other local entities. If at any time after accepting a subaward, Subrecipients learn that any of its principals fall under one or more of the criteria listed at 2 C.F.R. § 180.335, immediate written notice must be provided to Cal OES and all grant activities halted until further instructions are received from Cal OES. The rule also applies to subawards passed through by Subrecipients to local entities. 2 Section 1- Overview Key Changes to National Priority Areas: The FY 2021 NOFO added a fifth National the FY 2021 Priority Area: Combating Domestic Violent Extremism, including HSGP an increase to minimum allocations for select National Priority Areas. National Priority areas must now reserve a minimum of 30% of the total award amount. Minimum allocations to each of the five National Priority Areas, are as follows: • Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS - 5%; • Enhancing the protection of soft targets/crowded places - 5%; • Enhancing cybersecurity - 7.5%; • Addressing emerging threats [e.g., transnational criminal organizations, weapons of mass destruction (WMDs), unmanned aerial systems (UASs), etc.] - 5%; and • [NEW] Combating domestic violent extremism through enhanced intelligence collection & analysis, training, and community resilience - 7.5%. Election Security Projects: Election security projects are no longer required, as a part of the Cybersecurity and Soft Targets/ Crowded Places investments. Investment Justifications: Investments are updated for FY 2021 . California Homeland Security Strategy: Updated to reflect new goals of the 2021-2024 California Homeland Security Strategy. Updates to Title 2 of the Code of Federal Regulations: The Office of Management and Budget (OMB) published revisions to various sections of Title 2 of the Code of Federal Regulations (2 C.F.R.) as they relate to federal financial assistance. While some revisions were effective on August 13, 2020, most of the changes took effect on November 12, 2020. We highly encourage all Subrecipients to familiarize themselves with these changes. Information on all 2 C.F.R. revisions can be found at the Federal Register's Guidance for Grants and Agreements webpage. Performance Bonds: Cal OES will require a performance bond for equipment over $250,000, or any vehicle, aircraft, or watercraft that has been paid with HSGP funds prior to receiving the final product(s). 3 Section 2— Federal Changes and Initiatives 1 2021 FY 2021 National DHS/FEMA annually publishes the National Preparedness Report Priorities (NPR) to report national progress in building, sustaining, and delivering the core capabilities outlined in the goal of a secure and resilient nation. This analysis provides a national perspective on critical preparedness trends for whole community partners to use to inform program priorities, allocate resources, and communicate with stakeholders about issues of concern. HSGP Subrecipients are required to prioritize grant funding to demonstrate how investments support closing capability gaps or sustaining capabilities identified in the Threat Hazard Identification and Risk Assessment (THI RA)/Stakeholder Preparedness Review (SPR) process. DHS/FEMA continually assess changes to the threat landscape to further the National Preparedness Goal (NPG) of a secure and resilient nation. The following are national priority areas for FY 2021, including the corresponding percentage of funds each subrecipient is required to allocate to each area: • Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS - 5%; • Enhancing the protection of soft targets/crowded places - 5%; • Enhancing cybersecurity- 7.5%; • Addressing emerging threats (e.g., transnational criminal organizations, WMDs, UASs, etc.) - 5%; and • Combating domestic violent extremism through enhanced intelligence collection & analysis, training, and community resilience - 7.5%. Subrecipients are required to allocate minimum amounts of their subaward towards projects that fall within each of the national priority areas, totaling 30% of their subaward. Election security projects are no longer required, as a part of the Cybersecurity and Soft Targets/Crowded Places investments. National Priority projects will be reviewed for effectiveness by DHS/FEMA and must be deemed effective prior to the obligation or expenditure of funds. Project costs incurred prior to DHS/FEMA project approval will not be allowable. 4 Section 2— Federal Changes and Initiatives 1 2021 FY 2021 National Projects requiring additional information for DHS/FEMA to Priorities (cont.) determine effectiveness of the project, or projects deemed ineffective, will have a hold placed on their subaward pending submission of requested information and DHS/FEMA approval. Once a project is approved by DHS/FEMA, modifications to the project will require DHS/FEMA approval. Effectiveness will be evaluated by DHS/FEMA, Cybersecurity and Infrastructure Security Agency, DHS Office of Intelligence and Analysis, DHS Countering Weapons of Mass Destruction Office, and/or other DHS components, as appropriate. FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness, based on the following five factors: • Investment Strategy (30%): Projects will be evaluated based on the quality and extent to which the strategy effectively demonstrates supporting the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the state, or the nation. • Budget (10%): Projects will be evaluated based on the extent to which a budget plan for each investment demonstrates how grant expenditures maximize cost effectiveness. • Impact/Outcomes (30%): Projects will be evaluated on how this investment helps the jurisdiction close capability gaps identified in its Stakeholder Preparedness Review and addresses national priorities outlined in the FY 2021 NOFO. Further, proposals will be evaluated on their identification and estimated improvement of core capability(ies), the associated standardized target(s) that align with their proposed investment, and the ways in which improvements are measured and/or evaluated. 5 Section 2— Federal Changes and Initiatives 1 20:21 FY 2021 National Collaboration (30%): Projects will be evaluated based on the Priorities (cont.) degree to which the proposal adequately details how investments and other means are used to overcome existing logistical, technological, legal, policy, and other impediments to collaborating, networking, sharing information, cooperating, and fostering a culture of national preparedness with federal, state, tribal, and local governments, as well as other regional and nonprofit partners in efforts to prevent, prepare for, protect against, and respond to acts of terrorism. FEMA will consider the information provided by the Subrecipient and may also consider relevant information from other sources. • Past Performance (additional consideration): Projects will be evaluated based on the Subrecipient's demonstrated capability to execute the proposed investments. Under this factor, FEMA will consider the information provided by the Subrecipient and may also consider relevant information from other sources. A detailed description of allowable investments for each national priority is included in the FY 2021 HSGP NOFO (Page 6-8). National Whole Community Preparedness -Subrecipients should engage Campaigns and with the whole community to advance individual and community Programs preparedness and to work as a nation to build and sustain resilience. In doing so, Subrecipients are encouraged to consider the needs of individuals with access and functional needs and limited English proficiency in the activities and projects funded by the grant. Subrecipients should utilize established best practices for whole community inclusion and engage with stakeholders to advance individual and jurisdictional preparedness and resilience. Subrecipients are encouraged to consider the necessities of all Californians in the activities and projects funded by the grant, including children, seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved populations. 6 Section 2— Federal Changes and Initiatives I National Active Shooter Preparedness - DHS developed a comprehensive Campaigns and Active Shooter Preparedness website, which strives to enhance Programs (cont.) national preparedness through a whole-community approach by providing the necessary products, tools, and resources to help all stakeholders prepare for and respond to an active shooter incident. Subrecipients are encouraged to review the referenced active shooter resources and evaluate their preparedness needs. Soft Targets and Crowded Places -States, territories, UAs, and public and private sector partners are encouraged to identify security gaps and build capabilities that address security needs and challenges related to protecting locations or environments that are easily accessible to large numbers of people on a predictable or semi-predictable basis that have limited security or protective measures in place, including town centers, shopping malls, open-air venues, outside hard targets/venues perimeters, and other places of meeting and gathering . For more information, please see DHS's Hometown Security Program. Community Lifelines - FEMA created Community Lifelines to reframe incident information and impacts using plain language and unity of effort to enable the integration of preparedness efforts, existing plans, and identifies unmet needs to better anticipate response requirements. Additional information may be found at the Community Lifelines Implementation Toolkit website. Strategic Framework for Countering Terrorism and Targeted Violence - DHS adopted the DHS Strategic Framework for Countering Terrorism and Targeted Violence which explains how the department will use the tools and expertise that have protected and strengthened the country from foreign terrorist organizations to address the evolving challenges of today. National The National Cybersecurity Review (NCSR) is a required Cybersecurity assessment for all Subrecipients of State Homeland Security Review Program (SHSP) and Urban Areas Security Initiative (UASI) funding to be completed between October and December 2021 . The NCSR is a no-cost, anonymous, and annual self-assessment designed to measure gaps and capabilities of state, local, tribal, territorial, nonprofit, and private sector agencies' cybersecurity programs. 7 Section 2- Federal Changes and Initiatives ; ? National Additionally, FEMA recognizes that some subawards will not be Cybersecurity issued until after the NCSR has closed. In these cases, Review (cont.) Subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by Cal OES. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. Additional information may be found in IB 439 and 429a. NIMS Prior to the allocation of any federal preparedness awards, Implementation Subrecipients must ensure and maintain the adoption and implementation of the National Incident Management System (NIMS). Law A minimum of 25 percent of the total subaward amount must be Enforcement dedicated to Law Enforcement Terrorism Prevention Activities Terrorism (LETPA). Activities outlined in the National Prevention Framework Prevention and National Protection Framework are eligible for use of LETPA- Activities focused funds. All other terrorism prevention activities proposed for funding under LETPA must be formally pre-approved by FEMA. Refer to IB 412 for additional information. Management The Management and Administration (M&A) allowance for and Subrecipients is set at a maximum of 5% for FY 2021 HSGP. Administration Indirect Costs Indirect costs are allowable under the FY 2021 HSGP Grant Award. Subrecipients who claim indirect costs may do so, provided they use one of the following two methods: l . 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 percent de minimis indirect cost rate based on Modified Total Direct Costs (MTDC) as defined in 2 C.F.R. _ 200.1 and Subpart E. 8 Section 2— Federal Changes and Initiatives Indirect Costs Indirect costs are in addition to the M&A allowance and must be (cont.) included in the Grant Award application as a "Project" and reflected in the Financial Management Forms Workbook (FMFW) on the Indirect cost category ledger if being claimed under the award. Indirect costs must be based on the claimed direct project costs, excluding equipment expenditures and other distorting items. Up to $25,000 of each subaward may be included as a direct project cost when calculating indirect costs based on MTDC. Indirect costs must be claimed no more than once annually, and only at the end of the Subrecipient's fiscal year. An exception to this rule applies if there is a mid-year change to the approved indirect cost rate; in this case, costs incurred to date must be claimed. At that time, a Grant Subaward Modification reflecting the rate change must also be submitted to Cal OES, along with a copy of the new indirect cost rate agreement. Organization Operational overtime costs are allowable for increased security Costs - Overtime measures at critical infrastructure sites if associated with detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events. Pursuant to page A-3 of the Preparedness Grants Manual, all operational overtime requests must clearly explain how the request meets the criteria of one or more of the categories listed in Table 2: Authorized Operational Overtime Categories. Requests must address the threat environment as it relates to the event or activity requiring operational overtime support and explains how the overtime activity is responsive to the threat. Post- event operational overtime requests will only be considered on a case-by-case basis, where it is demonstrated exigent circumstances prevented submission of a request in advance of the event or activity. Requests for overtime costs must be submitted to Cal OES via the Request for Operational Overtime Form at the time of application, if the activity will occur within one year of the final application submission. All subsequent requests must be submitted at least 60 days in advance of the activity. All operational overtime costs must be formally pre-approved in writing by DHS/FEMA. 9 Section 2— Federal Changes and Initiatives ; a Personnel Cap Pursuant to 6 U.S.C. § 609(b), SHSP and UASI funds may be used for personnel costs, totaling up to 50 percent of each fund source. A Subrecipient may request this requirement be waived by DHS/FEMA, via Cal OES. Requests for personnel cap waivers must be submitted separately for each fund source in writing to the Program Representative on official letterhead, with the following information: • Documentation explaining why the cap should be waived; • Conditions under which the request is being submitted; and • A budget and method of calculation of personnel costs both in percentages of the Grant Award and in total dollar amount (waivers must be calculated separately for SHSP and UASI, outlining salary, fringe benefits, and any M&A costs). Subrecipient requests to exceed the personnel cap must be received by Cal OES at the time of application. Subaward modifications impacting the personnel cap will be reviewed on a case-by-case basis and may require the submittal of the above- mentioned information. Please see IB 421 b for more information on the waiver process. Equipment Allowable HSGP equipment is listed on the FEMA Authorized Typing/ Equipment List (AEL) website. Identification and Use Subrecipients that allocate HSGP funds towards equipment are required to type and identify the capability associated with that equipment. The FEMA Resource Typing Library Tool (RTLT) can be used to help determine the type and capability. Per FEMA policy, the purchase of weapons and weapon accessories are not allowed with HSGP funds. Special rules apply to pharmaceutical purchases,medical countermeasures, and critical emergency supplies; refer to page A-10 of the Preparedness Grants Manual for additional information. Expenditures for general purpose equipment are allowable if they align to and support one or more core capabilities identified in the NPG, and in addition, are deployable/sharable through the Emergency Management Assistance Compact and allowable under 6 U.S.C. § 609. Refer to the NOFO and Preparedness Grants Manual for examples of allowable general-purpose equipment. 10 Section 2— Federal Changes and Initiatives 202 Equipment Use of HSGP funds for maintenance contracts, warranties, repair Maintenance/ or replacement costs, upgrades, and user fees are allowable as Sustainment described in FEMA IBs 336 and 379, as well as Grant Programs Directorate (GPD) Policy FP-205-402-125-1 . Emergency All Subrecipient emergency communications projects must Communications comply with the SAFECOM Guidance on Emergency Projects Communications Grants and describe in their FMFW how such activities align with the goals of the Statewide Communications Interoperability Plan. Telecom Effective August 13, 2020, section 889(f)(2)-(3) of the John S. Equipment and McCain National Defense Authorization Act for FY 2019 (NDAA) Services and 2 C.F.R. § 200.216 prohibits DHS/FEMA Recipients and Prohibitions Subrecipients (including their contractors and subcontractors) from using any FEMA funds under open or new awards for the following telecommunications equipment or services: 1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) Telecommunications or video surveillance services provided by such entities or using such equipment; or 4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. 11 Section 2— Federal Changes and Initiatives :: Small All requests to purchase Small Unmanned Aircraft Systems (SUAS) Unmanned with FEMA grant funding must comply with IB 426 and include Aircraft Systems copies of the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. The Authorized Equipment Listing for 030E-07-SUAS details ten questions that must be included in the Aviation Request justification. Please reference Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems and contact your Program Representative for additional information. Emergency Subrecipients must update their Emergency Operations Plan at Operations Plans least once every two years to remain compliant with the Comprehensive Preparedness Guide 101 version 2.0. Conflict of To eliminate and reduce the impact of conflicts of interest in the Interest subaward process, Subrecipients and pass-through entities must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Subrecipients and pass-through entities are also required to follow any applicable federal, state, local, and tribal statutes or regulations governing conflicts of interest in the making of subawards. Subrecipients must disclose to their Program Representative, in writing, any real or potential conflict of interest as defined by the federal, state, local, or tribal statutes or regulations, which may arise during the administration of the HSGP subaward within five days of learning of the conflict of interest. 12 Section 3- State Changes and Initiatives FY 2021 The State prioritized the following investment strategies for the Investments FY 2021 subawards: 1 . Enhance Information and Intelligence Sharing and Cooperation with Federal Agencies, including DHS (National Priority); 2. Enhance the Protection of Soft Targets/Crowded Places (National Priority), 3. Enhance Cybersecurity (National Priority); 4. Address Emergent Threats (National Priority); 5. Combating Domestic Violent Extremism through Enhanced Intelligence Collection & Analysis, Training, and Community Resilience (National Priority); 6. Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology, and Equipment; 7. Enhance Medical and Public Health Preparedness; 8. Strengthen Information Sharing and Collaboration (non-Fusion Center); 9. Enhance Community Capabilities through Multi-Jurisdictional/ Inter-Jurisdictional All-Hazards Incident Planning, Response & Recovery Coordination, including Partnerships with Volunteers and Community Based Organizations and Programs; and 10.Protect Critical Infrastructure and Key Resources (includes Food and Agriculture). California The State prioritized the following California Homeland Security Homeland Strategy Goals for the FY 2021 subawards: Security Strategy Goals 1 . Enhance Information Collection, Analysis, and Sharing, in Support of Public Safety Operations Across California; 2. Protect Critical Infrastructure and Key Resources from All Threats and Hazards; 3. Strengthen Security and Preparedness Across Cyberspace; 4. Strengthen Communications Capabilities through Planning, Governance, Technology, and Equipment; 5. Enhance Community Preparedness; 6. Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Catastrophic Planning, Response, and Recovery Capabilities; 7. Improve Medical and Health Capabilities; 8. Enhance Incident Recovery Capabilities; 9. Strengthen Food and Agriculture Preparedness; and 10.Enhance Homeland Security Exercise, Evaluation, and Training Programs. 13 Section 3— State Changes and Initiatives 1 2021 State Initiative For FY 2021, Cal OES shall retain 20 percent of the SHSP and 18.5 Funding percent of the UASI funding for state initiatives. "On Behalf Of" Cal OES may, in conjunction with local approval authorities, designate funds "on behalf of" local entities who choose to decline or fail to utilize their subaward in a timely manner. Public Alert and Cal OES encourages Subrecipients to consider the use of this Warning funding to assist their jurisdiction's alignment with the State of California Alert and Warning Guidelines, developed pursuant to Senate Bill 833 of the 2018 Legislative Session. 14 Section 4- Required State Application Components _ : : Financial The FY 2021 Cal OES FMFW includes: Management Forms Workbook Grant Subaward Face Sheet- Use the Grant Subaward Face Sheet to apply for grant programs. The Grant Subaward Face Sheet must be signed and printed in portrait format. Authorized Body of 5 - Provide the contact information of Authorized Agents (AA), delegated via the GBR or Signature Authorization Form, including staff related to grant activities. More than one person is recommended for designation as the AA; in the absence of an AA, an alternate AA can sign requests. Project Ledger-The project ledger is used in the application process to submit funding information and is used for submitting cash requests, grant subaward modifications, and assists with the completion of the Biannual Strategy Implementation Report (BSIR). Planning Ledger- Provides detailed information on grant-funded planning activities with a final product identified. Organization Ledger- Provides detailed information on grant- funded organizational activities. Equipment Ledger- Detailed information must be provided under the equipment description for all grant-funded equipment. AEL numbers must be included for all items of equipment. Always refer to the AEL for a list of allowable equipment and conditions, if any. Training Ledger- Provides detailed information on grant-funded training activities. All training activities must receive Cal OES approval prior to starting the event, including a Training Feedback number. The Training Request Form must be submitted and approved to obtain a Training Feedback number. Exercise Ledger- Provides detailed information on grant-funded exercises. M&A Ledger- Provides information on grant-funded M&A activities. Indirect Costs Ledger- Provides information on indirect costs. 15 Section 4- Required State Application Components Financial Consultant-Contractor Ledger- Provides detailed information on Management grant-funded consultants and contractors. Forms Workbook (cont.) Authorized Agent Page -The AA Page must be submitted with the application, all cash requests, and Grant Subaward Modifications. The AA Page must include a valid signature on file with Cal OES and the date. Subrecipient Per 2 C.F.R. § 200.332, Cal OES is required to evaluate the risk of Grants non-compliance with federal statutes, regulations, and grant Management terms and conditions posed by each Subrecipient of pass- Assessment through funding. The Subrecipient Grants Management Assessment Form contains questions related to an organization's experience in the management of federal grant awards. It is used to determine and provide an appropriate level of technical assistance, training, and grant oversight to Subrecipients during the subaward. The questionnaire must be completed and returned with the grant application. Application Federal Funding Accountability and Transparency Act (FFATA) Attachments Financial Disclosure - Use the FFATA Financial Disclosure Form to provide the information required by the Federal Funding Accountability and Transparency Act of 2006. Certification Regarding Lobbying - Use the Certification Regarding Lobbying F� orm to certify lobbying activities, as stipulated by the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352. Intelligence Analysts Certificates - Pursuant to the Preparedness Grants Manual, Cal OES must have certificates for completion of training for fusion center analytical personnel. Please provide copies of certificates for each intelligence analyst, if applicable. UASI Footprint (UASIs Only) -The Urban Area Working Group (UAWG) establishes the 'footprint' of the UA. A map or list defining the footprint must be included with the application. UAWG Member Roster (UASIs Only) - A list of all current UAWG members with positions or titles. Indirect Cost Rate Agreement- If claiming indirect costs at a federally-approved rate, please provide a copy of the approved indirect cost rate agreement. 16 Section 4- Required State Application Components Standard The Standard Assurances list the requirements to which the Assurances Subrecipients will be held accountable. All Applicants will be required to submit a signed, original of the FY 2021 Standard Assurances as part of their FY 2021 HSGP application. The required Standard Assurances can be found only in PDF format on the Cal OES website. NOTE: Self-created Standard Assurances will not be accepted. Operational Governing Body Resolution - The GBR appoints AAs (identified by Areas and Urban the individual's name or by a position title) to act on behalf of the Areas governing body and the Applicant by executing any actions necessary for each application and subaward. All Applicants are required to submit a copy of an approved GBR with their grant application. Resolutions may be valid for up to three grant years given the following: • The resolution identifies the applicable grant program (e.g., EMPG and/or HSGP); • The resolution identifies the applicable grant years, (e.g., FY 2020, FY 2021, FY 2022); and • Adheres to any necessary elements required by local protocols, rules, etc., if applicable. Resolutions that only identify a single grant program will only be valid for that single program. Resolutions that do not identify applicable grant years will only be valid for the grant year in which the resolution was submitted. Authorized Agent Information - For each person or position appointed by the governing body, identify the individual in the Authorized Body of 5 ledger of the FMFW. All changes in AA and contact information must be provided to Cal OES in writing. If the GBR identifies the AA by name, a new Resolution is needed when changes are made. If the GBR identifies the AA by position and/or title, changes may be made by submitting a request on the entity's letterhead, signed by an existing AA. Cal OES will not accept signatures of an AA's designee, unless authorized by the Governing Body's resolution. A change to an AA's designee must be submitted on agency letterhead and signed by the AA, announcing the change to their designee. 17 Section 4- Required State Application Components 1 2021 Operational Approval Authority Body- OAs must appoint an Anti-Terrorism Areas Only Approval Body (Approval Authority) to have final approval of the OA's application for HSGP funds. Each member of the Approval Authority must provide written agreement with the OA's application for HSGP funds. The Approval Authority shall consist of the following representatives, and additional voting members may be added by a simple majority vote of the following standing members: • County Public Health Officer or designee responsible for Emergency Medical Services • County Fire Chief or Chief of Fire Authority • Municipal Fire Chief (selected by the OA Fire Chiefs) • County Sheriff • Chief of Police (selected by the OA Police Chiefs) Urban Areas Urban Area Working Groups (UAWGs) - Membership in the UAWG Only must provide either direct or indirect representation for all relevant jurisdictions and response disciplines (including law enforcement, fire service, EMS, hospitals, public health, and emergency management) that comprise the defined UA. It also must be inclusive of local Citizen Corps Council and tribal representatives. The UAWG should also ensure the integration of local emergency management, public health, and health care systems into a coordinated sustained local capability to respond effectively to a mass casualty incident. Additional group composition criteria is found in the FEMA Preparedness Grants Manual. THIRA-Subrecipients are required to submit a THIRA for all 32 core capabilities. Beginning in 2019, UAs are required to submit a THIRA every three years. An annual capability assessment will still be required. SPR -The SPR is an annual grant requirement for all states, territories, and UAs. It is an annual capability assessment, which helps jurisdictions identify capability gaps and prioritize investment requirements to reach the targets set in their THIRA. 18 Section 4^ Required State Application Components 1 2021 Fusion Centers All projects included in the fusion center investment (IJ #1 ) must Only align to, and reference, specific performance areas of the assessment that the funding is intended to support. Fusion Centers are also required to follow all Reporting and Administrative Metrics for California Fusion Centers, as set forth in the Governor's Homeland Security Advisor/Cal OES Director's letter dated March 16, 2016. These operational and administrative metrics set forth an integrated and coordinated approach for regular and proactive information and intelligence sharing between all fusion centers in the California State Threat Assessment System (STAS). State Agencies State Agencies, and federally-recognized tribes may submit the and Tribes Only Signature Authorization Form in lieu of a GBR, signed by the most senior ranking official, such as the Secretary, Director, President, Chancellor, or Chairperson. 19 Section 5— State Application Process Application Subrecipients must submit an electronic copy of their completed Submission FMFW to their Program Representative for review. After the application is approved, a completed hardcopy of the FMFW, along with all other application components must be mailed, with original signatures, by the application due date. During the application process, if it is determined not all allocated funds can be expended by the end of the period of performance, please inform a Program Representative as soon as possible. The completed application should be received by Cal OES no later than the date provided in the FY 2021 HSGP Timeline, referenced as Attachment B. Late or Late or incomplete applications may be denied. If an application Incomplete is incomplete, the Program Representative may request Application additional information. Requests for late submission of applications must be made in writing to the Program Representative prior to the application due date. Cal OES has sole discretion to accept or reject a late or incomplete grant application. HSGP Contact All Subrecipient application materials, questions, comments, and Information correspondence should be directed to: California Governor's Office of Emergency Services ATTN: Grants Management (Building E) Homeland Security Grants Unit 3650 Schriever Avenue Mather, CA 95655 Darlene Arambula (916) 845-8427 Christopher Camacho (916) 845-8789 Laura Halverstadt (916) 845-8367 Antoinette Johnson (916) 845-8260 Jim Lane (916) 845-8428 Vidal Lopez (916) 845-8744 Miguel Ramirez (916) 328-7466 Abigayle Tirapelle (916) 845-8400 The Program Representative Regional Assignments Map is available at the Cal OES website under "Regional Assignments". 20 Section 5— State Application Process Subaward Subrecipients will receive a formal notification of award no later Approval than 45 days after Cal OES receives the federal grant award. The award letter must be signed, dated, and returned to Cal OES within 20 calendar days. Once the completed application, along with the signed award letter, is received and approved, reimbursement of eligible subaward expenditures may be requested using the Cal OES FMFW. 21 Section 6— Post Award Requirements 0-4"1 Payment To request an advance or cash reimbursement of HSGP funds, Request Process Subrecipients must first complete a payment request using the Cal OES FMFW, returning it to the appropriate Program Representative. Subrecipients who fail to follow the workbook instructions may experience delays in processing the payment request. Payments can only be made if the Subrecipient has submitted a completed and approved application. Advances and An Advance payment is a payment that is requested before Interest Earned Subrecipients have disbursed the funds for program purposes. on Advances Subrecipients may be paid an advance, provided they maintain a willingness and ability to maintain procedures to minimize the time elapsing between the receipt of funds and their disbursement. The timing and amount of advance payments must be as close as administratively feasible to the actual disbursements by the Subrecipient for project costs. Federal rules require advances to be deposited in interest- bearing accounts. Interest earned amounts up to $500 per year may be retained by Subrecipients for administrative expenses; any additional interest earned on federal advance payments must be returned annually to Cal OES. Semi-Annual All Subrecipients should be reporting expenditures and requesting Drawdown funds at least semi-annually throughout the period of Requirements performance. Semi-annual drawdowns should be occurring by March and October of each calendar year following final approval of the subaward application, except for the final cash request, which must be submitted within 20 calendar days after the end of the period of performance. Subrecipients not in compliance with this requirement will be required to submit all supporting documentation for subsequent cash requests. Modifications Post-award budget, scope, and time modifications must be requested using the Cal OES HSGP FMFW v1 .21 , signed by the Subrecipient's AA, and submitted to the Program Representative. The Subrecipient.may implement grant modification activities, and incur associated expenses, only after receiving written final approval of the modification from Cal OES. 22 Section 6— Post Award Requirements Modifications Subrecipients must provide a written justification with all (cont.) modification requests. The justification may be included in the body of the e-mail transmitting the request, or in a document attached to the transmittal e-mail. Please reference GMM 2018- 17 for additional information regarding modification requests. A modification request for any project within the national priority areas must receive DHS/FEMA prior approval. These requests include, but are not limited to, a change in project scope, any change to the project budget, and re-programming of funds. DHS/FEMA and Cal OES may request additional information to validate project effectiveness. Training All grant-funded training activities must receive Cal OES approval prior to starting the training event. Cal OES shall allow Subrecipients to develop a "placeholder" for future training conferences when an agenda has not been established at the time Subrecipient applications are due. Please work with a Program Representative and the Training Branch to identify a possible "placeholder" for these types of training activities. When seeking approval of non-DHS/FEMA developed courses, course materials must be submitted with the approval requests. Conditional approvals are not offered. Subrecipients must complete a Training Request Form and submit it electronically to the Cal OES Training Branch to be approved with a Training Feedback Number before beginning any training activities. This includes project components like travel to, materials for, or attendance in training courses. Training Feedback Numbers must be obtained no later than 30 days before the first day of the training or related activities. Training Feedback numbers must be included on the FMFW Training Ledger to be considered for reimbursement. For more information on this or other training-related inquiries, contact the Cal OES Training Branch at (916) 845-8752. Exercises, Subrecipients should engage stakeholders to identify long-term Improvement training and exercise priorities. These priorities should address Plans, and After- capability targets and gaps identified through the THIRA and SPR Action Reporting process, real-world events, previous exercises, and national areas for improvement identified in the NPR. 23 Section 6— Post Award Requirements Exercises, Subrecipients must report on all exercises conducted with HSGP Improvement grant funds. An After-Action Report (AAR)/Improvement Plan (IP) Plans, and After- or Summary Report (for Seminars and Workshops) must be Action Reporting completed and submitted to Cal OES within 90 days after (cont.) exercise/seminars/workshops are conducted. It is acceptable to submit an Exercise Summary Report for Seminars and Workshops in lieu of a full AAR/IP. Please e-mail AAR/IPs and Summary Reports to: • hseep@fema.dhs.gov • exercise@caloes.ca.gov • christopher.camacho@caloes.ca.gov For exercise-related issues and/or questions, please email the Cal OES Exercise Team at exercise@caloes.ca.gov. Exercise costs will not be considered for reimbursement until an AAR/IP is received by Cal OES. Procurement Subrecipients must conduct procurement utilizing documented Standards and local government procurement standards and procedures, or the Written federal procurement standards found in 2 C.F.R. Part 200, Procedures whichever is more strict. Procurement standards must also contain a written conflict of interest policy which reflect applicable federal, state, local, and tribal laws. Procurement Effective June 20, 2018, the micro-purchase threshold was Thresholds increased from $3,500 to $10,000 and the simplified acquisition threshold was increased from $150,000 to $250,000. These increases apply to all Subrecipient procurements executed on or after June 20, 2018. Refer to IB 434 for additional information. Procurement Per 2 C.F.R. § 200.31 Mi , non-federal entities other than states and Documentation territories are required to maintain and retain records sufficient to detail the history of procurement covering at least the rationale for the procurement method, contract type, contractor selection or rejection, and the basis for the contract price. For any cost to be allowable, it must be adequately documented per 2 C.F.R. 200.403(a). Examples of the types of documents that would cover this information include, but are not limited to: 24 Section 6— Post Award Requirements Procurement • Solicitation documentation, such as requests for quotes, Documentation invitations for bids, or requests for proposals; (cont.) • Responses to solicitations, such as quotes, bids, or proposals; • Pre-solicitation independent cost estimates and post- solicitation cost/price analyses on file for review by federal personnel, if applicable; • Contract documents and amendments, including required contract provisions; and Other documents required by federal regulations applicable at the time a grant is awarded to a Subrecipient. Noncompetitive All noncompetitive procurements exceeding the simplified Procurement acquisition threshold requires Cal OES prior written approval to be eligible for reimbursement. This method of procurement must be approved by the local Purchasing Agent prior to submitting a request for Cal OES approval. A copy of the Purchasing Agent's approval must be included with the Cal OES Request for Noncompetitive Procurement Authorization form. Cal OES may request additional documentation that supports the procurement effort. Cal OES will not reimburse for any noncompetitive procurement contracts for any terrorism-related training, regardless of the cost of the training. Exceptions to this policy may be approved in limited circumstances, e.g., related to a procurement effort that has resulted in inadequate competition. Please refer to GMM2017-01 A and GMM2021-05 for additional guidance. Performance Due to the risks associated with delays in vendor delivery of large Bond equipment procurements, DHS/FEMA allows Subrecipients to obtain a "performance bond" for items that are paid for up front to ensure delivery of the equipment within the grant performance period. Cal OES requires Subrecipients obtain a performance bond for any equipment item over $250,000 or any vehicle, aircraft, or watercraft that has been paid with HSGP funds prior to receiving the final product(s). Subrecipients must provide a copy of all performance bonds to their Program Representative no later than the time of reimbursement. Performance Bond Waivers may be granted on a case-by-case basis and must be submitted to Cal OES prior to procurement. 25 Section 6— Post Award Requirements Environmental DHS/FEMA is required to ensure all activities and programs that Planning and are funded by the agency comply with federal Environmental Historic Planning and Historic Preservation (EHP) regulations. Subrecipients Preservation proposing projects or activities (including, but not limited to, training, exercises, the installation of equipment, and construction or renovation projects) that have the potential to impact the environment or a historic structure must participate in the EHP screening process. EHP Screening Memos must include detailed project information, explain the goals and objectives of the proposed project, and include supporting documentation. DHS/FEMA may also require the Subrecipient to provide a confidential California Historical Resources Information System (CHRIS) report in addition to the EHP Screening Form. Determination on the necessity of a CHRIS report is based upon information disclosed on the form. Program Representatives will provide additional instructions should this report be required. EHP Screening Requests should be submitted to Cal OES as early as possible. All projects/activities triggering EHP must receive DHS/FEMA written approval prior to commencement of the funded activity. Updated information may be referenced in the FEMA GPD EHP Policy Guidance. Construction When applying for construction activity at the time of and Renovation application, including communication towers, Subrecipients must submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits, and a notice of federal interest. Additionally, Subrecipients are required to submit an SF-424C Budget and Budget Detail that cites project costs. Communication tower construction requests also require evidence that the Federal Communications Commission's Section 106 review process was completed. Subrecipients using funds for construction projects must comply with the Davis-Bacon Act. Subrecipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character like the contract work in the civil subdivision of the state in which the work is to be performed. 26 Section 6— Post Award Requirements 1 2021 Construction Project construction using SHSP and UASI funds may not exceed and Renovation $1,000,000 or 15 percent of the grant subaward (For the purposes (cont.) of limitations on funding levels, communications towers are not considered construction). Written approval for construction must be provided by DHS/FEMA prior to the use of any HSGP funds for construction or renovation. Inventory Subrecipients must use standardized resource management Control and concepts for resource typing and credentialing, in addition to Property maintaining an inventory by which to facilitate the effective Management identification, dispatch, deployment, tracking, and recovery of resources. Subrecipients must have an effective inventory management system, to include: • Property records that document description, serial/ID number, fund source, title information, acquisition date, cost, federal cost share, location, use, condition, and ultimate disposition; • A physical inventory conducted at least every two years; • A control system to prevent loss, damage, and theft of grant purchased equipment and supplies; and • Adequate maintenance procedures to keep the property in good condition. Equipment When original or replacement equipment acquired under the Disposition HSGP is no longer needed for program activities, the Subrecipient must contact the Program Representative to request disposition instructions. See 2 C.F.R. § 200.313(e). Performance Subrecipients must complete a BSIR each Winter and Summer Reporting using the DHS/FEMA Grants Reporting Tool (GRT) for the duration of the subaward period of performance or until all grant activities are completed and the subaward is formally closed by Cal OES. Failure to submit a BSIR could result in subaward reduction, suspension, or termination. 27 Section 6— Post Award Requirements 1 2021 Performance Access to the BSIR may be obtained through the GIRT. Reporting (cont.) To create a new account, please click the link that reads, "Register for an account" and follow the instructions provided. The Subrecipient will be required to ensure up-to-date project information is entered. The Project Ledger in the FMFW may assist with the BSIR data entry process. For additional assistance with the GRT, please contact your Program Representative. Extension Extensions to the initial period of performance identified in the Requests subaward will only be considered through formal, written requests to your Program Representative. Upon receipt of the extension request, Cal OES will: l . Verify compliance with performance reporting requirements by confirming the Subrecipient has submitted all necessary performance reports; 2. Confirm the Subrecipient has provided sufficient justification for the request; and 3. If applicable, confirm the Subrecipient has demonstrated sufficient progress in past situations where an extension was authorized by Cal OES. Extension requests will be granted only due to compelling legal, policy, or operational challenges, and will only be considered for the following reasons: 1 . Contractual commitments with vendors that prevent completion of the project within the period of performance; 2. The project must undergo a complex environmental review which cannot be completed within this timeframe; 3. Projects are long-term by design and therefore, acceleration would compromise core programmatic goals; and 4. Where other special circumstances exist. 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. All extension requests must address the following: 28 Section 6— Post Award Requirements Extension l . Grant program, fiscal year, and award number; Requests (cont.) 2. Reason for delay; 3. Current status of the activity/activities; 4. Approved period of performance termination date and new project completion date; 5. Amount of funds drawn down to date; 6. Remaining available funds, both federal and non-federal; 7. Budget outlining how remaining federal and non-federal funds will be expended; 8. Plan for completion, including milestones and timeframes for each milestone and the position/person responsible for implementing the plan for completion; and 9. Certification the activity/activities will be completed within the extended period of performance without any modification to the original Statement of Work. General questions regarding extension requirements and the extension request form, should be directed to your Program Representative. For additional information, please see IB 379. Extension requests for personnel and salaries do not meet the requirements of IB 379 and will not be granted. Subrecipients are expected to complete all grant-funded personnel activity by the end of the subaward period of performance. Progress Reports All Subrecipients that receive Cal OES approval to extend their on Grant FY 2021 grant subaward period of performance may be required Extensions to submit progress reports indicating completed and future project milestones on all extended projects. Progress reports must be submitted electronically to the Subrecipient's Program Representative. Deadlines for the submission of progress reports will be established at the time of extension approval. Monitoring Cal OES Grants Monitoring actively monitors Subrecipients, through day-to-day communications, programmatic site visits, and desk and on-site compliance assessments. The purpose of the compliance assessment is to ensure Subrecipients are in compliance with applicable state and federal regulations, grant guidelines, and programmatic requirements. Monitoring activities may include, but are not limited to: • Verifying that entries recorded on the FMFW categories are properly supported with source documentation; • Eligibility of and support for expenditures, typically covering two to three years of data; 29 Section 6— Post Award Requirements Monitoring Comparing actual Subrecipient activities to those approved in (cont.) the grant application and subsequent modifications, including the review of timesheets and invoices as applicable; • Procurements and contracts; • Ensuring equipment lists are properly maintained and physical inventories are conducted; • Ensuring advances have been disbursed in accordance with applicable guidelines; and • Confirming compliance with: o Standard Assurances, and o Information provided on performance reports and payment requests NOTE: It is the responsibility of all Subrecipients that pass down grant funds to other entities, to maintain and utilize a formal process to monitor the grant activities of their subawards. This requirement includes, but is not limited to, on-site verification of grant activities, as required. It is common for Subrecipients to receive findings in a programmatic site visit or compliance assessment, which require a Corrective Action Plan (CAP) to be submitted by Subrecipients. Those Subrecipients who fail to submit a CAP, as required, shall have a "hold" placed on any future reimbursements until the "finding" is resolved. Failure to Submit Periodic reporting is required by the grant. Subrecipients who miss Required Reports a single reporting deadline may receive a letter addressed to their Board of Supervisors informing them of the failure to report. County OAs and tribes who fail to report twice in a row may have subsequent awards reduced by 10 percent until timely reporting is reestablished; UASIs may have a "hold" placed on any future reimbursements. Suspension/ Cal OES may suspend or terminate grant funding, in whole or in Termination part, or other measures may be imposed for any of the following reasons: • Failure to submit required reports. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application. 30 Section 6— Post Award Requirements Suspension/ . Failure to follow Grant Subaward requirements or Special Termination Conditions. (cont.) . Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • False certification in the application or document. • Failure to adequately manage, monitor, or direct the grant funding activities of their Subrecipients. Before taking action, Cal OES will provide the Subrecipient reasonable notice of intent to impose corrective measures and will make every effort to informally resolve the problem. Closeout Cal OES will close-out Subrecipient awards when it determines all applicable administrative actions and all required work of the federal award have been completed. Subawards will be closed after: • All funds have been requested and reimbursed, or disencumbered; • Receiving all applicable Subrecipient reports indicating all approved work has been completed, and all funds have been distributed; • Completing a review to confirm the accuracy of reported information; • Reconciling actual costs to subawards, modifications, and payments; and • Verifying the Subrecipient has submitted a final BSIR showing all grant funds have been expended. Records The records retention period is three years from the date of the Retention Cal OES Grant Closeout letter, or until any pending litigation, claim, or audit started before the expiration of the three-year retention period has been resolved and final action is taken. For indirect cost rate proposals, cost allocation plans, or other rate computation records, the start of the record retention period is dependent on whether the proposal, plan, or other computation is required to be submitted to the federal government (or to the pass-through entity) for negotiation purposes. See 2 C.F.R. § 200.334(fl. 31 Section 6— Post Award Requirements 1 2021 Records In order for any cost to be allowable, it must be adequately Retention (cont.) documented per 2 C.F.R. § 200.403(g). The Cal OES Grant Closeout Letter will notify the Subrecipient of the start of the records retention period for all programmatic and financial grant-related records. If the State Administrative Agency's award remains open after the Subrecipient's submission of the final BSIR, Cal OES will complete any additional BSIR reporting required under the award on behalf of the Subrecipient. Closed grants may still be monitored and audited. Failure to maintain all grant records for the required retention period could result in a reduction of grant funds, and an invoice to return costs associated with the unsupported activities. If documents are retained longer than the required retention period, FEMA, the DHS Office of Inspector General, Government Accountability Office, and pass-through entity have the right to access these records as well. See 2 C.F.R. §§ 200.333, 200.336. 32 Attachment A - FY 2021 HSGP Final Allocations : State Homeland Security Program (SHSP) Operational Area Total Award Operational Area Total Award ALAMEDA 1,718,273 ORANGE 3,216,641 ALPINE 72,317 PLACER 472,051 AMADOR 98,048 PLUMAS 92,959 BUTTE 281,822 RIVERSIDE 2,477,018 CALAVERAS 119,280 SACRAMENTO 1,604,710 COLUSA 91,715 SAN BENITO 136,324 CONTRA COSTA 1,209,532 SAN BERNARDINO 2,219,568 DEL NORTE 101,848 SAN DIEGO 3,363,206 EL DORADO 265,040 SAN FRANCISCO 957,996 FRESNO 1,081,477 SAN JOAQUIN 835,871 GLENN 240,480 SAN LUIS OBISPO 347,687 HUMBOLDT 206,104 SAN MATEO 835,489 IMPERIAL 260,662 SANTA BARBARA 555,589 INYO 93,278 SANTA CLARA 2,004,605 KERN 977,418 SANTA CRUZ 341,759 KINGS 226,074 SHASTA 212,592 LAKE 103,488 SIERRA 78,149 LASSEN 90,437 SISKIYOU 118,727 LOS ANGELES 10,192,647 SOLANO 507,962 MADERA 230,538 SONOMA 701,838 MARIN 331,528 STANISLAUS 623,510 MARIPOSA 92,770 SUTTER 174,089 MENDOCINO 161,494 TEHAMA - MERCED 353,846 TRINITY 88,324 MODOC 84,412 TULARE 547,060 MONO 88,241 TUOLUMNE 129,010 MONTEREY 508,867 VENTURA 903,983 NAPA - YOLO 380,796 NEVADA 171,496 YUBA - *Total 43,380,645 *SHSP allocations reflect National Priority Area project adjustments Attachment A - FY 2021 HSGP Final Allocations 1 2021 Fusion Centers Region Total Award SAN FRANCISCO BAY AREA 1,792,050 SACRAMENTO/CENTRAL VALLEY AREA 2,565,000 GREATER LOS ANGELES AREA 2,983,500 SAN DIEGO AREA 2,047,500 ORANGE AREA 835,000 *Total 10,223,050 * SHSP allocations reflect National Priority Area project adjustments Urban Areas Security Initiative (UASI) *A minimum of 25% of UASI funding must be for Law Enforcement Terrorism Prevention Federal Allocation to Urban Area Allocation to UASI State Initiatives State ANAHEIM/SANTA ANA AREA 5,250,000 4,278,750 971,250 BAY AREA 37,500,000 30,562,500 6,937,500 LOS ANGELES/LONG BEACH AREA 68,000,000 55,420,000 12,580,000 RIVERSIDE AREA 3,900,000 3,178,500 721,500 SACRAMENTO AREA 3,800,000 3,097,000 703,000 SAN DIEGO AREA 16,900,000 13,773,500 3,126,500 Total 135,350,0001 110,310,2501 25,039,750 Attachment B: FY 2021 HSGP Timeline DHS/FEMA Announcement of 20201 HSGP February 25, 2021 Cal OES Application Due to DHS May 14, 2021 DHS Award to California September 2021 Subrecipient period of performance begins September 1, 2021 2021 HSGP California Supplement release September 2021 Subrecipient Workshops September 2021 Subrecipient Awards (45 days from DHS award) November 2021 Subrecipient Final Applications Due to Cal OES December 31, 2021 Subrecipient period of performance ends May 31, 2024 Final Cash Requests due to Cal OES Within twenty (20) calendar days after end of grant Cal OES's period of performance ends August 31, 2024 Attachment C: FY 2021 HSGP Application Checklist 2021 Subrecipient: FIPS#: Program Representative: Financial Management Forms Workbook: ❑ Grant Award Face Sheet ❑ Authorized Body of 5 ❑ Project Ledger ❑ Planning Ledger ❑ Organization Ledger ❑ Equipment Ledger ❑ Training Ledger ❑ Exercise Ledger ❑ Consultant/Contractor Ledger ❑ Management & Administration Ledger ❑ Indirect Cost Ledger ❑ Authorized Agent Sheet Attachments: ❑ Original Counter-Signed Award Letter ❑ Governing Body Resolution (Certified) ❑ Standard Assurances (Signed Originals) ❑ FFATA Certification ❑ Lobbying Certification ❑ Subrecipient Grant Management Assessment Form ❑ Indirect Cost Rate Negotiation Agreement ❑ Personnel Cap Waiver (If Applicable) ❑ Intelligence Analyst(s) Certificates (If Applicable) UASI Only: ❑ UASI Footprint ❑ UAWG Roster State Agencies and Tribes Only: ❑ Signature Authority Form (in lieu of Governing Body Resolution) For Cal OES Use Only Reviewed by: Date: Management Approval: Date: DUNS ❑ LETPA 25% or>❑ M&A 5% or<❑ c ° O os o Eo E U Q) o ° u N n E o o 6 C u C .0 N a)N N a O O N N N a ° 3 ° °o ° ° E E 3 J J 5 r i ° o ' m �°° 0 0 of c c 3 a 3 3 c c m d 2 C U EO Q O _L a a 3� o N u d N N O O w +L L E E u o 2 o 0 o u `u 0 W C c O °3 $ u� w o 0 U o n o a) 3 3 W c ° > c c U as a 3 3 �U m — ; a ; u 3 a � O a'o 'a ° LU Oo c a N c E u a a 3 0 U O O_ U C a N N O> "U N OT Z ui h w u O O U O E c U E • ° E 0, 2 " � .3 o `m �'p r c u O r u o o • a m 3 M 3 u w N a J y'Op c w c 0 r Z j E c• a a LU `O T p L-p N Qj °y U C y N `O � o u c a o a _U) o. o a M O 'o o 0 3 0 p 4-- w > $ Y o o = a •3 3 O _ o _ U o o 3 u — o m o — c m r— L` E'� °a ; m = o ° 3 a = a LLLL c 3 ° o o ° a u m ° O • c � : o Ol w :o O + N a C UUNJ L O. 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E ® 3 : E ` � © ` ° § - , @ = ® a - = ® � ® sm ¥ t - ` o , 1E2 ± § � 22@og : It # 2 ® § ate = = » Gf \ « « b2E ! ¥ udJaLu 2: 22 £ a0 :Ez000ie � o -- - 6 \ 7 c 0 7 \ 0 -0 E 0 e R 0 _ \ ) - [ > ° p / /Pcaa) 5 ( 0 ` 2 b \ \ \ , u \ ; 2 - 7 \ , \- x 33 =\ i ) w � a 3 � - / f \ \ \ \ \ ALZ « »` ; e - ' ) 2 ( \ 00000p \ E / 0 o - 3 � 7 « 7 � U 3 = 2 o $ & \ ¥ 7 / } 0 u s 0-� \ \ CD \ e * \ « \ 7 2 0 ! $ \ / ° ƒ 6 2 / m 2 \ \ % } O § 2 2 / E y [% 0 � 2= §/ \Eolft}f\ te» t§ ) a c ( (0 ({ ,\ rƒ\ ! _ , \»i`J }ujDTE { { \) [& } }§ \ tE Co:) ! g 2 :1 E E \ &= ) ( t*$a, ,cD . saE \ y 3EE / / : c { : § og J » ¥acjo ` ` $m © 2 = G =§ ° 3 : / \ ) § /ƒ k \\ / 7 & \z �) { 2 § % 2 \ ) `f / $ § § § : u? otofRJ ? = u = u f\/ % uuuu03I1 _ E� d / & LL > � c G f / § ± \ 0 0 0- 0 O } aa { 3E ® = � � e < \ / 0z y > } { \ \ \ \ { �/ of \ - \ f kk � :-eE /\ #\\\ , c q e o ± c - 2 &» f ® 3= e 2 \ 3 q & 9 & 2 ° b � \ » \ \ ƒ \ 3 0 LU 2 * % ƒ \ y & O ! ƒ \LU \ \ m � �\ f O ® - � = % ® § { 90 y \ \ 77 }� f / § O 33Qea ! ` 52 / \ 6a » 2 © a & ? \ƒ % \\ 3 f _ - ? \ > \/ \ 3 to \ (« 2 \ 3 \\u » \\ » \ & e 0 . � \ \ » 5 \m \ \ \ f) ƒ 2 \ \ . ƒ 0 0 ° DocuSign Envelope ID:74E16882-B93B-43DA-B1A8-82F99A6D3919 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) 7`,l (Cal OES Use Only) Cal OES# FPS# 019-00000 1 vS# 02 Subaward# 120210081 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES GRANT SUBAWARD FACE SHEET The California Governor's Office of Emergency Services(Col OES)hereby makes a Grant Subaward of funds to the fol low In gg SAM UEID: GLP5PZLWSZEI 1. S%sbrectplenV County of Fresno la.DUNSM 556197655 SAM UEID: GLP5PZLWSZEI 2. Implementing Agency: County of Fresno 2a.DUNS#: 556197655 3. Implementing Agency Address; P.O.Box 11867 Fresno 93775-1800 (Street) (City) (Zip+4) 4. Location of Project: Fresno Fresno 93721-1915 (City) (County) (Zip+41 S. Disaster/Program Title: Homeland Security Grant Program 6. Performance 09/01/2021 to 05/31/2024 Period: (Start Date) (End Date) 7. Indirect Cost Rate: 10%de Minimis Federally Approved ICR(it appilcable): Item Grant fund A.State B.Federal C.Total D.Cash Match E.In-Kind Match F.Total Match G.Total Cost Number Year Source 8. Select Select $1,081,477 $0 $1,081,477 9. Select Select $0 $0 10. Select Select $0 $0 11. Select Select $0 $0 12. Select Select $0 $0 Total Project Cost $0 $1,081,477 $1,081,477 $0 $0 $0 $1,081,477 13.Certiflcatlon-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 ihis Grant Subaward,and hove 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 OES policy and program guidance.The Subreciplent further agrees that the allocation of funds may be confingent on the enactment of the State Budget. 14.CA Public Records Act-Grant applications are subject to the California Public Records Act,Government Cade section 6250 et seq.Do not pui any personally identifiable Information or private information on this application.if you believe that any of the information you are putting on Ihis application is exempt from the Public Records Act,please attach a statement that indicates what portions of the application and the basis for the exemption.Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed. 15.Official Authorized to Sign for Subreciplent: Name: Steve Brandou Title: Chairman of the Board of Supervisors of the County of Fresno Payment Mailing Address: Box 11867 City: Fresno Zip C1ode+4: 93775-1800 Signature: Date: 1,1Q_.LQ.tYt �'-t spa 1 16.Federal Employer ID Number: 94-6000512 , oY, (FOR Cal OES USE I heret)y certl u n my personal knowledge[hat budgeted funds are available for the period an py�p�aseffPPf Ih�l�s e penVpilure staled above. �r ll°"'� 4/27/2022 IT�A�U�,V' CAnSft, 4/27/2022 (Cc(O sca fcer (Dale) (Ca a ghee) (Dalel ENY:2021-22 Chapter:21 SL: 14731 Received ATTEST: Item:0690-101-0890 Pgm:0385 1 2/22/2021 BERNICE E.SEIDEL FAIN#:EIAW-2021-SS-00081 09/01/21 to 08/31/24 Cal OES Clerk of the Board of Supervisors Fund: Federal Trust AL#:97.067 County,of Fresno,State of California Program: Homeland Security Grant Program ML#747981 By Match Req.:None Deputy Project No.:OES21 HSGP000012 Amount:$1,081,477 SC:2021-14731 Ds IDS HSGP FMFW v21 - FY 2021 �� Grant Subaward Face Sheet Cal OES 2-101 (Revised 10/2020) m y ci o k ( [ E \ ( o o b ) ) § ) ) 6 k k \ } ) ) ) } # / / / & / / \ 2 7 / f 0 g = § _ u u u u g = _ U = _ E 2 e 2 ` . \ � 7 ƒ $ E f § / { ° / � L \ a o © 2 7 < j § / \ § 0 / i ) 3 # : u 2 § 0 E E _ ` a « f / \ ) / ` / \ { \ \ \ \ \ 0 bt R / / o ! \ 2 oLU co ■ \ in § O �LU 16 y 0 | : ( )§ k 3 _ ) � E_ \ 2 f { $ ! \ % - ` ; I \� )\ E \ \ 0 U ) \ ( $ : | . > { 0 g ! / ¥ LL - = )- - \ _ _ - 0 \ & t # t § 0 - : : LL » \ je \a // : u ) ) 2 F L^`` Q-�) U) of 0 U O O E �� ° a O o �Q w n O U _ z LU w U > ol w z - - w LU w10 O ti a V9 u ; O w N U 0 € =E s E E i CV - cz U_, O ° w > z w z x x OrnSc o-°SS° �>E c oIUD Q E.1 ;E 6zb oiExo9oE 3-p°=�oQ g-ov`;aarEu aE5 a osn _voc_ L'o��BEo�Eg3 _Eo `c=aye°�o5?V �»� o`a u235_o-:s°v i.Youo�3�3Fi�oo° <Y'� O U sbu Egta`u Q c _- „um�EspDEa��m MvB�oYa.� 2``oi�ppFgTaE`°`c�°83<=:<e°�'Ea=rcEg€aasa:XY;°i`o�E$` yccE - O� �ubJ —am. �a�`•3s E`�LzaE;`a�agp%_ 2EaE o .sys`o F$�5pc�„LgE, YY°§sc L' aaq 3� = vo z a8'�e�EaB� K'-8; <Ev EF=u= - `- F- EL.ov .:ao oaL E°a �o E$ i- ooga9=yo -luzLv c9 o'un �S c°E$�'SyS�aoc _ 3E Y N o S W 0 CV LL i > 0 0 8 S & 2. u u u u u LL c a� ^U^,, 6$ ^ p y N CL N y H Eg 'o'o S S Q N O Y Q w m y y N N 0 x Y G m U z i LU w w " V) Za m - - w w fLU € _ LL u of M 0 u c x O 0 U N LL o a` - .- s - LL o LLJ O ;gS�V"s va� �= Y"coi Aga �u E sf€mss-€g aE$ ! ;as pmSo ag a e = aYz%�oYaa$s ��g�s-gpg s='=" o°so yg_-a E Ec£i600g`3 �r'a�€5io�pOc�C�L �/ ` 'aE 2333E =o `6 Yy3opeaa�E a'i°--�� "2SsYSSi �baa`3 0 oBaQ ��a m $ aa:£a -' 6n=YVo;sa '°s' aa _ c L.L "g o•9gp,o�. von °aOo%> �Es %c3aao ; z�Y�mBS m<<tl J o; Y go Aso 3°=sE= ;aQEE "`s6W S;smEs`_'Baas°°«$ _cocm Ejc^-�bp` fsy° sbm -L Ea U E5;,. `'6�ms a Vas=�iiaag�E�a �"e°� £�s8u °3=_o�k; b€<<yo ;c � sag" -i; "aSa £� €; a="yes sE�`a`Zgd`m °=oa-�$ `- c a 9 _ E $E q u 3 a F-Ox °' E E Y v°3 ° -L E E; "3 3 T g E " LL f s O N s°°zLL It 2,6 u u u u LL _ s s w - - - - - (D v) `m H �� N L� J t U n cli s s O IL Y �a i EcIt a= 3Y n W e N N N O „ z z N W - -6 - W N Z � o rLu u°. 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County of Fresno ICR PERIOD(month/yr through month/yr( INDIRECT COST RATE FOR PERIOD ICR Base DIRECT COSTS Total Costs Less Distorting Costs Costs Applicable to ICR Plannin Or aniz Lion Trainin Exercise M&A Subtotal Eligible Direct Costs SUBAWARDS Total Costs Less Excluded Subaward Costs Costs Applicable to ICR Subtotal Eligible Subaward Costs TOTAL DIRECT COSTS TOTAL ALLOWABLE INDIRECT COSTS TOTAL BUDGETED INDIRECT COSTS HSGP FMFW v21 - FY 2021 36 of 36 ICR Summary 3 0 7 f G o < 3 2 ` _3 * Q / \ u33 10 o & u \ ® ( f \ \ \ � = c \ - \ - \ 2 / « c 2 Q >. G E 'E u [ % / ) ) / \ _E ® @ < 5 ° e § \ \ 2 ) » f \ n < / (D & ] d § / b CN a ® 52 \ \ / 3 \ � x 2 \ % < e a)u 2 0 � � k LL. 7 \LU - c\ / \ j k \ / \ � \ E = u c § s e � � o .0 LU\ - % � ) \ R@ \ E > � 2 ) / 2 % \ ° % \ \ � [ 2 ® E ° � S ¥ & \ E \ \ \ o - \ g g ¢/ CL a 70 - \ Uk � % / / y / ° Q f a \ / - \ � \ \ \ ) - \ _ - \ 2 } /7 \ ao \\ O u _ / \ \ :{ \ « g C} ` 2# / ] CLG \ 0 §\ _ u a uG / / 0 / 2 \ 2 / § G \ O \ � _ 7 % § { e\) Q c of \ \ E0 A )/ f 3 A j u cb ? ] z °® & 7 " 0 © ( E/ = o \ 0 / / c / ƒ/ \ < mo% 2 k ) \ \ 2 < ot \ ) - 9 v ± 5 2 o . 7 \ CL IE 0 »5 \ � � 7 < o 0 o < E coo . « E = + / 7 § 7 a) 5 » © » o ca 0 \\ \ t3 (1) Cl) 2 7 £ k � £ Dz ¥ = % ( } § E / \§ \ ( :E } _\ \ \ \ ) u \ »% \ m 2 \ 70: k �� \ eo \ ƒ _ _ ® U /zz \ \ o 1\ % a / 12 ' � \ § \ \ & ± / E 'E / § / 7 o 2Ec U / � / & V) I GAVIN NEwsom MARK S. GHILARDUCCI GOVERNOR �G DIRECTOR C 0 �S GOVERNOR'S OFFICE OF EMERGENCY SERVICES October 27, 2021 David Pomaville Director, Public Health Fresno County Post Office Box 11867 Fresno, CA 93775 SUBJECT: NOTIFICATION OF SUBRECIPIENT SUBAWARD APPROVAL Fiscal Year (FY) 2021 Homeland Security Grant Program (HSGP) Subaward #2021-0081, Cal OES ID#019-00000 Subaward Period of Performance: 09/01/2021-05/31/2024 Dear Director Pornaville: We are pleased to announce the approval of your FY 2021 HSGP subaward in the amount of$1,081,477. Once the completed application is received and approved, reimbursement of eligible subaward expenditures may be requested using the California Governor's Office of Emergency Services (Cal OES) Financial Management Forms Workbook. Failure to provide documentation in a timely manner could result in a hold on funding, pursuant to Title 2, Code of Federal Regulations (CFR), Sections 200.338(a) and 200.207(b)(1)-(2). This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), the Preparedness Grants Manual, the California Supplement to the NOFO, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the subaward period of performance. Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, allowability request logs, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation review. ' P` 3650 SCHRIEVER AVENUE, MATHER, CA 95655 credited` www.CalOES.ca.gov David Pomaville October 27, 2021 Page 2 of 2 Your organization will be required to prepare and submit the Biannual Strategy Implementation Report to Cal OES via the Federal Emergency Management Agency Grants Reporting Tool (GRT) semi-annually for the duration of the subaward period of performance or until all activities are completed and the subaward is formally closed. Failure to submit required reports could result in subaward reduction, suspension, or termination. Throughout the subaward cycle, milestones set in the GRT will be used as indicators of project feasibility, performance, and grant management capacity. This information may also be used in assessing proposals in future grant opportunities. A Conditional Hold has been placed on your award for the following investments which fall under the National Priority Areas: IJ# 5 Domestic Violent Extremism - $77,917 Project# 12 Targeted violence and terrorism equipment project. To release this hold, additional information is required for the investments identified which must be submitted in the December 2021 Biannual Strategy Implementation Report in a manner consistent with Grants Program Directorate Information Bulletin No. 447. Your dated signature is required on this letter. Please sign and return the original to your Cal OES Program Representative within 20 calendar days upon receipt and keep a copy for your records. For further assistance, please contact your Cal OES Program Representative. Sincerely, MARK S. GHILARDUCCI Director G l�- Date Fresno County Governing Body Resolution for HSGP FY 2021 BE IT RESOLVED BY THE Board of Supervisors (Governing Body) OF THE County of Fresno THAT (Name of Applicant) Chairman Board of Supervisors , OR (Name or Title of Authorized Agent) Director Department of Public Health , OR (Name or Title of Authorized Agent) Assistant Director Department of Public Health , OR (Name or Title of Authorized Agent) Division Manager Emergency Medical Services , (Name or Title of Authorized Agent) is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subawarded through the State of California. Passed and approved this 14th day of December , 20 21 Certification 1, Brian Pacheco , duly appointed and (Name) Vice-Chairman of the County of Fresno (Title) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Board of Supervisors of the County of Fresno on the (Governing Body) (Name of Applicant) 14th day of December 20 21 ATTEST: BERNICE E.SEIDEL Vice-Chairman Clerk of the Board of Supervisors (official Ppsitiory)� Count Fresno,S qte of Palifornia \L By Dep y (Signature) (Date) Cal OEs 1 m ON OFFICE OF E54ER9EHCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, 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) Federal Preparedness Grants Manual; (d) California Supplement to the NOFO; and (e) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; Page 1 of 14 Initial;�— Cal OES L O OFFICE OFF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) Official executing this agreement is authorized by the Applicant. This Proof of Authority must be maintained on file and readily available upon request. 2. Period of Performance The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The 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 discloseaccordingl Page 2 of 14 Initials f. Cal OES O OFFICE OFF EMER ENEROENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non- discrimination, including: Page 3 of 14 Initials i" Cat OES O OFFICE OFF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (fl Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over$10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; rj) California Public Contract Code § 10295.3,which prohibits discrimination based on domestic partnerships and those in some sex marriages; Page 4 of 14 Initials _ l.� Cal ors OOYERHOR'S Y SER OF ENER6EHC SfRY10E5 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (1) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statutes) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statutes) that may apply to this application. 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21 000- 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; Page 5 of 14 Initial: _ * �-I Cal OES OF EHE OR'S OFFICE OF ENERBEHCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (� Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be; 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. Page 6 of 14 Initials _ `*�i Cal OES O OFFICE OFF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will 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. Cooperation and Access to Records All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will,give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment - The Applicant will comply with 31 U.S.0 §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 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 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. 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. Page 7 of 14 Initial; �_ Cal OES OOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Traffickinq 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; (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property-Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the_ Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; Page 8 of 14 Initials _ c_R Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (e) 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;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited 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. Page 9 of 14 Initials Cal OES O OFFICE OFF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own 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. HOMELAND SECURITY GRANT PROGRAM (HSGP) - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Acknowledgment of Federal Funding from DHS 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. 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 PH are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PH they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 24. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Page 10 of 14 Initials _ ~x A Cal ONES OOYERNO OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26, Energy Policy and Conservation Act 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. 27. 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. 28. Fly America Act of 1974 All recipients 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. § 401 18) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 13- 138942. 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 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. Page 11 of 14 Initials _ h� Cal OES D R*S FICE IF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 30. Non-supplanting Requirement All recipients who receive federal financial assistance 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 some purpose through non- federal sources. 31. 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. 32. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 33. Terrorist Financing All recipients 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. Recipients are legally responsible to ensure compliance with the Order and laws. 34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Page 12 of 14 Initials _ I* -=� Cal DES 6 OOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 35. 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. 36. Use of DHS Seal, Logo, and Flags All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 37. Performance Goals In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project. 38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Page 13 of 14 Initial: r l Cal OES OOYERNOR'S OFFICE �► OF EMERGENCY SERYICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 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. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 1 1 .4, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fyl 5-dhs-standard-terms-and-conditions. The undersigned represents that he/she Is authorized to enter into this agreement for and on behalf of the Applicant. Subrecipien#: County of Fresno Signature of Authorized Agent: Steve Brandau Printed Name of Authorized Agent: Chairman of the Board of Supervisors of the Title: County of Fresno Date: ��}�� _ ATTEST: BERNICE E.SEIDEL Clerk of} .a Rnar�d of 5;1,n a,rN,iscnu County of esno,,Stat Jf Califo is By l Deputy Page 14 of 14 Initials . 0:) Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, 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) Federal Preparedness Grants Manual; (d) California Supplement to the NOFO; and (e) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whifehouse.gov/omb/. State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; Page 1 of 14 Initials Cal +DES OOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) Official executing this agreement is authorized by the Applicant. This Proof of Authority must be maintained on file and readily available upon request. 2. Period of Performance The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The 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 accordingl Page 2 of 14 Initials J`� Cal OES OOVCRNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embe=lement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non- discrimination, including: Page 3 of 14 Initials �� Cat OES j v GOVCRNOR`S OFFICE `•';::•:: OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (fl Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over$10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; Q) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; Page 4 of 14 Initials 5e Cali OES GOVCRNOR`S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (1) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statutes) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) that may apply to this application. 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21 000- 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; Page 5 of 14 Initials s� Cal OES r, n GOVERNOR'S OFFICE f \ ,c OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L.93-523); Q) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. Page 6 of 14 Initials Cal OES GOVERNOR'S OFFICE EMERGENCY OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will 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. Cooperation and Access to Records All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment - The Applicant will comply with 31 U.S.0 §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 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 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. 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. Page 7 of 14 Initials Cal OES► t: GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits 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; (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_ Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property-Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the_ Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; Page 8 of 14 Initials _ Cal OES OF EMERGENCY Y SERVICES FFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs (c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (e) 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;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited 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. Page 9 of 14 Initials Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own 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. HOMELAND SECURITY GRANT PROGRAM (HSGP) - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Acknowledgment of Federal Funding from DHS 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. 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 PH are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PH they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 24. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Page 10 of 14 Initials Car OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act 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. 27. 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. 28. Fly America Act of 1974 All recipients 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. § 401 18) 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. 29. 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. Page 1 1 of 14 Initials t* ` Cal OES GOVERNOR`S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 30. Non-supplanting Requirement All recipients who receive federal financial assistance 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. 31. 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. 32. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 33. Terrorist Financing All recipients 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. Recipients are legally responsible to ensure compliance with the Order and laws. 34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Page 12 of 14 Initials t� Cal OES OOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 35. 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. 36. Use of DHS Seal, Logo, and Flags All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 37. Performance Goals In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project. 38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Page 13 of 14 Initials Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For Cal OES Federal Non-Disaster Grant Programs 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. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 1 1 .4, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fyl 5-dhs-standard-terms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Subrecipient: County of Fresno Signature of Authorized Agent: Steve Brandau Printed Name of Authorized Agent: Chairman of the Board of Supervisors of the 1 Title: County of Fresno Date: ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of esno,Ptat of Califo nia By Deputy Page 14 of 14 Initials —� Cal OES GOVERNOR'SOFFICE OFEMERGENCY OF EMERGEE NCY SERVICES Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure Public Law (PL) 109-282 Federal Funding Accountability and Transparency Act of 2006, as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (PL 110-252), which is outlined in the Federal Emergency Management Agency, Grant Programs Directorate Information Bulletin No. 350. As defined by the Office of Management Budget, the following are subject to FFATA reporting requirements: 1 . All new federal awards of $30,000 or more, as of August 13, 2020. NOTE: Cal OES reports on this requirement in the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS). 2. The Total Compensation and Names of the top five executive, if the Subrecipient in the preceding year received: a. 80 percent or more of its annual gross revenues in Federal Awards; and b. $25,000,000 or more in annual gross revenues from Federal awards; and c. The public does not have access to information about the compensation of the senior executives of the entity. Subrecipients are required to provide the Executive compensation information in the below chart, if applicable. Executive Name Title Annual Annual Dollar Total Salary Value of Benefits Compensation 0 0 0 0 0 FxJ Not subject to the Executive Compensation requirement of the FFATA Financial Disclosure. Page 1 of 2 rev. August 2021 Cad' CUES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. County of Fresno Subrecipient: Signature of Authorized Agent: Steve Brandau Printed Name of Authorized Agent: Chairman of the Board of Supervisors of Title: the County of Fresno Date: ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors Count of Fresno,State of Cali ornia By Deputy Page 2 of 2 rev. August 2021 Cat OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1 . No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 1 of 2 Initials k Cal IDES GOVERNOR'S OFFICE \Y / OF EMERGENCY SERVICES Certification Regarding Lobbying The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. County Fresno Subrecipient: Signature of Authorized Agent: Steve Brandau Printed Name of Authorized Agent: Chairman of the Board of Supervisors Title: of the County of Fresno Date: ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors Cou ty of Fresno,Itlifornia By , Deputy CIA Page 2 of 2 Initials CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT Subrecipient County of Fresno Duns#556197655 FIPS# 019-00000 Disaster/Program Title: Homeland Security Grant Performance Period: 09/01/21 to 05/31/24 Subaward Amount Requested: $ 1,081,477 Type of Non-Federal Entity (Check Box): ❑ State Gov. 0 Local Gov. ❑ JPA ❑ Non-Profit El Tribe Per Title 2 CFR § 200.332, Cal OES is required to evaluate the risk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass-through funding. This assessment is made in order to determine and provide an appropriate level of tech- nical assistance, training, and grant oversight to subrecipients for the award referenced above. The following are questions related to your organization's experience in the management of federal grant awards. This questionnaire must be completed and returned with your grant application materials. For purposes of completing this questionnaire, grant manager is the individual who has primary responsibility for day-to-day administration of the grant, bookkeeper/accounting staff means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and organization refers to the subrecipient applying for the award, and/or the governmental implementing agency, as applicable. Assessment Factors Response 1 . How many years of experience does your current grant manager have >5 years managing grants? 2. How many years of experience does your current bookkeeper/accounting >5 years staff have managing grants? 3. How many grants does your organization currently receive? 3-10 grants 4. What is the approximate total dollar amount of all grants your organization $4,500,000 receives? 5. Are individual staff members assigned to work on multiple grants? Yes 6. Do you use timesheets to track the time staff spend working on specific Yes activities/projects? 7. How often does your organization have a financial audit? Periodically 8. Has your organization received any audit findings in the last three years? No 9. Do you have a written plan to charge costs to grants? Yes 10.Do you have written procurement policies? Yes 11 .Do you get multiple quotes or bids when buying items or services? Always 12.How many years do you maintain receipts, deposits, cancelled checks, >5 years invoices, etc.? 13.Do you have procedures to monitor grant funds passed through to other Yes entities? Certification: This is to certify that, to the best of our knowledge and belief, the data furnished above is accurate, complete and current. ATTEST: Signature: (lanTitle: r' ed Agent) Date: BERNICE E.SEIDEL 12/14/2021 Clerk of the Board of Supervisors County f Fresno,$ta of Califor is Print Name Ste-arandau/Chairman to the board of supervisors Phone Number: By Cal OES Staff Only: SUBA WARD # Deputy Subrecipient Grants Management Assessment(Rev.1 1/2/21) Application/Agreement Between the County of Fresno and California Governor's Office of Emergency Services (CAL OES) Name: FY 2021 Cal OES Homeland Security Grant Program Application/Agreement Fund/Subclass: 0001/10000 Organization #: 56204607 Revenue Account M 4380 UAVIN NLWSUM MAKK S. UHILAKL)UC;C_;I GOVERNOR l INCS DIRECTOR t QGVEIiNOR'S CIVFIGE r1� OF EMERGENCY SERVICES April 29, 2022 Steve Brandau Chairman, Board of Supervisors Fresno County P.O. Box 11867 Fresno, CA 93775 SUBJECT: NOTIFICATION OF SUBRECIPIENT APPLICATION APPROVAL FY 2021 Homeland Security Grant Subaward #: 2021-0081, Cal OES ID: 019-00000 Dear Mr. Brandau: The California Governor's Office of Emergency Services (Cal OES) has approved your FY 2021 Homeland Security Grant application in the amount of $1 ,081,477. As of the date of this letter, you may request reimbursement of eligible grant expenditures using the Cal OES Financial Management Forms Workbook (FMFW) available at www.caloes.ca.gov. A copy of your approved subaward is enclosed for your records. Any activities requiring additional review (e.g., Environmental Planning and Historic Preservation, Allowability Requests, procurement of Aviation or Controlled Equipment, etc.) shall not incur costs until you receive written approval for those activities. This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES. For additional information, please contact your Cal OES Program Representative. Homeland Security & Emergency Management Grants Processing Enclosure cc: Subrecipient file jE� . 3650 SCHRIEVER AVENUE, MATHER, CA 95655 card (916) 845-8510 TELEPHONE www.ColOES.ca.gov CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES SUPPLEMENTAL GRANT SUBAWARD INFORMATION 1. Cal OES Contact Information Section: Governor's Office of Emergency Services Mark S. Ghilarducci, Director 3650 Schriever Avenue Mather, CA 95655 2. Federal Awarding Agency Section: Federal Program Fund / AL # Federal Awarding Total Total Local Agency Federal Assistance Award Amount Amount Homeland Security Grant Program US Department of $206,220,807 $169,396,646 197.067 Homeland Security 3. Project Description Section: • Project Acronym: Homeland Security Grant Program (HSGP) • Project Description: Support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. 4. Research & Development Section: • Is this Subaward a Research & Development grant? Yes ❑ No N Supplemental Grant Subaward Information-Cal OES 2-101 a (7/2019) Revised 3/9/21