County of San Bernardino
FY2022 Homeland Security Grant Program
CFDA 97.067
Subrecipient Assurances
Grant No. 2022-0043
Name of Applicant: (hereafter "Applicant" or "Subrecipient") Address:
City: State: Zip Code:
Telephone Number: Fax Number:
E-Mail Address:
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.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
Applicant further acknowledges that 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
f) Subrecipient Application Workbook
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 (if applicable) 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;
Initials
FY2022 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 7/5/23
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) The 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 U.S. Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Application 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. y lora on, the or noire of ar 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.
The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. §200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.
The Applicant certifies that it and its subrecipients:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
Initials
FY2022 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 7/5/23
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:
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 basis of sex in any federally funded educational program or activity; c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794), which prohibits discrimination against those with disabilities or access and functional needs; d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§12101-12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
e) Age Discrimination Act of 1975, (42 U.S.C §§6101-6107), which prohibits discrimination on the basis of age;
f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment;
g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground- floor units in buildings without elevators)-be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin;
i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R Part 19; 1) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code §§ 12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth, 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;
Initials
FY2022 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 7/5/23
m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
n) The requirements of any other nondiscrimination statute(s) which may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; b) CEQA Guidelines (California Code of Regulation, 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;
e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; g) Executive Order 11514 which sets forth the national environmental standards; h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
j) The Endangered Species Act of 1973, (P.L. 93-205);
k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); 1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and 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.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
Initials
FY2022 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 7/5/23
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R § 200.337, the Applicant will give the awarding agency, the Comptroller General of the Unites 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.C. §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement or advance.
12. Reporting and Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including, but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirement of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its 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. §S 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 (HE), 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 I and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
Initials
FY2022 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 7/5/23
b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C §469a-1 et seq.); and
d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
a) Not dispose of, modify the use of, or change the terms of the real property title of other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving a motor vehicle while using an electronic wireless communication 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
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
The Applicant must acknowledge their use of federal funding when issuing statements, press releases, request for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as obtaineary with appropriate government authorities and that appropriate licenses, permits, or approvals are
Initials
FY2022 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 7/5/23
23. Best Practices for Collection and Use of Personally Identifiable Information (PI) DHS detines personally identifiable information (PIl) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publically-available privacy policy that describes standards on the usage and maintenance of PIl they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource.
24. Copyright
All subrecipients must affix the applicable copyright notices of 17 U.S.C §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including award number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart : may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoi 'estrictions imposed by federal statues, regulations, or federal financial assistance award terms anc conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All subrecipients 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 benefits overpayments.
See OMB Circular A-129.
28. Fly America Act of 1974
All subrecipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to the 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, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance
Initials
FY2022 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 7/5/23
for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
35. USA Patriot Act 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seals), 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 Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions dies not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produces in the United States - this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States - this means the manufactured product was manufactured in the United States; and the cost of components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for
Initials
FY2022 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 7/5/23
determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States - this means that all manufacturing processes for the construction material occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project.
Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks and portable computer equipment, that are used at or within the finished infrastructure project but are not and integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914© of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
Initials
FY2022 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 7/5/23
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all tederal 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. These assurances are binding on the Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal 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 Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The Undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the said Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
The Undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the County. The undersigned is the appropriate contact for all notices and documents to be provided under this agreement.
County of San Bernardino
Signature of Authorized Agent:
Printed Name of Authorized Agent: Daniel Muñoz
Title: Deputy Executive Officer Date:
Initials
FISCAL YEAR 2022
Homeland Security Grant Program
CFDA 97.067
Subrecipient Application Workbook
SAN BERNARDINO
COUNTY
Office of Emergency Services:
Funding Provided by
California Governor's Office of Emergency Services
(Cal OES)
Through Funding Distributed by
The United States Department of Homeland Security (DHS) Federal Homeland Security Grant Program Agency
FY22 HSGP Subrecipient Application Workbook
THIS PAGE LEFT BLANK
FY22 HSGP Subrecipient Application Workbook
TABLE OF CONTENTS
INTRODUCTION
GRANT PURPOSE
USE OF FUNDS ...5
ELIGIBLE JURISDICTIONS.. ...5
GRANT CHANGES AND NEW REQUIREMENTS.. ....5
GRANT PROJECT CRITERIA.. ...6
GRANT SOLUTION AREA: ...6
GRANT MISSION AREAS: ... ...6
CALIFORNIA HOMELAND SECURITY STRATEGY GOALS: ...6
INVESTMENT JUSTIFICATIONS ...6
GRANT APPLICATION ...?
SUBRECIPIENT GRANT PACKAGES.. ...7
SUBRECIPIENT AGREEMENT ...7
COVER LETTER. ....7
CERTIFICATION LETTER ...7
SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT. ...8
SYSTEM FOR AWARD MANAGEMENT (SAM). ..8
UNIQUE ENTITY IDENTIFIER NUMBER (UEI).. 8
GRANT PERFORMANCE PERIOD.. ..8
PROPOSED PROJECTS NOT APPROVED ..8
GRANT REQUIREMENTS 8
LAW ENFORCEMENT.. 8
PROJECT MILESTONE DEADLINES ... 8
STATUS REPORTS 8
MODIFICATIONS.. 9
PROCUREMENT GUIDELINES.. ..9
WRITTEN QOTES/BIDS .... ..9
NONCOMPETITIVE PROCUREMENT... ..9
COST BENEFIT ANALYSIS... ..10
INFORMAL QUOTE INVENTATION FOR BID (IFB) AND REQUEST FOR PROPOSAL (RFP). ..10 FORMAL ADVERTISING AND REQUEST FOR PROPOSALS (RFP) .. ...10 SUPPLANTING. . 11
EQUIPMENT. ..11
NOTE: USE TAXES.. ..11
AUTHORIZED EQUIPMENT LIST (AEL) .. ..11
COMMUNICATION EQUIPMENT. ..12
FY22 HSGP Subrecipient Application Workbook
PHARMACEUTICAL SUPPLIES... ..12
EHP's. . 12
PLANNING/ORGANIZATION PROJECTS.. ..12
PLANNING DELIVERABLES OR FINAL PRODUCTS . 12
CONTRACTOR/CONSULTANT..... ..13
SAM SUSPENSION AND DEBARMENT ..13
VEHICLE PURCHASES. ..14
PERFORMANCE BOND. ...14
UNALLOWABLE COSTS... 14
ADDITIONAL FORMS.. ..14
REIMBURSEMENT CLAIMS. 14
PROOF OF PAYMENTS.... ..15
GRANT MONITORING.. ...15
JURISDICTIONAL GRANT MONITORING ..15
INVENTORY CONTROL ..15
GRANT PROJECT CLOSEOUT .15
RECORDS RETENTION 16
COUNTY OF SAN BERNARDINO HSGP PROGRAM CONTACTS: .. 16
APPLICATION WORKBOOK CERTIFICATION . 18
FY22 HSGP Subrecipient Application Workbook
INTRODUCTION
The State Homeland Security Grant Program (HSGP) is designed to secure and provide the nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. The Homeland Security Grant Program is one tool among a comprehensive set of federal measures administered by Cal OES to help strengthen the state against risks associated with potential terrorist attacks. San Bernardino County Office of Emergency Services is a subgrantee of the HSGP and oversees the administration of grant funds for San Bernardino's Operational Area. All grant requirements are located in Federal Notice of Funding Opportunity (NOFO), FEMA's Preparedness Grant Manual (located on FEMA's website) and the California State Supplemental to the NOFO (located on the Cal OES website under Grant Management). Applicants should thoroughly read these manuals prior to submitting their applications.
GRANT PURPOSE
The purpose of the Fiscal Year 2022 Homeland Security Grant Program (FY22 HSGP) is to support comprehensive Homeland Security Grant Programs at the local level and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all terror-related hazards. Cal OES has accepted, approved, and awarded this grant and will continue providing support to the San Bernardino County Operational Area's efforts to implement the objectives and strategies of the Homeland Security Grant Program. HSGP subrecipients are encouraged to consider projects that fall into National Priority Investment Justification areas to meet the County and State's requirements for the National Priority 30% criteria. Information regarding National Priority Investment Justifications can be found in the FEMA Preparedness Grants Manual, the NOFO and the California State Supplemental to the NOFO. National Priority Investment Justifications are:
• Enhance Intelligence and Information Sharing and Cooperation with Federal Agencies, including DHS 3%
• Enhance the Protection of Soft Targets/Crowded Spaces, (including election security) 3%
• Enhance Cybersecurity (including election security) No minimum percent • Combating Domestic Violent Extremism 3%
• Enhancing Community Preparedness and Resilience - 3%
• Enhancing Election Security - 3%
USE OF FUNDS
Funds provided under the HSGP must be used to support local Homeland Security Grant Program activities that contribute to the San Bernardino County Operational Area's capability to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism.
ELIGIBLE JURISDICTIONS
The County and any City/Town or District in the Operational Area (OA) may apply upon the approval of the Approval Authority members.
GRANT CHANGES AND NEW REQUIREMENTS
The following key changes have been made to the FY22 HSGP:
• BABAA Requirements: Jurisdictions must comply with the Build America, Buy America Act (BABAA) when applicable. The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
FY22 HSGP Subrecipient Application Workbook
• Investment Justifications: Investment Justifications have changed to align with the National Priority investments.
• Modifications on National Priority Projects: While the FY22 HSGP still requires that a minimum of 30% of awarded funds must be allocated towards National Priority Investment Justifications for the County, the individual percentages have changed and a new National Priority project category has been added. Refer to "Grant Purpose" section above for changes.
Reminder: Projects that have been identified as National Priority projects cannot be modified without FEMA approval. Therefore, scope of work modifications that change the investment justification category for National Priority projects are not permitted.
GRANT PROJECT CRITERIA
All projects are required to align with at least one of the six solution areas, five mission areas and the 32 core capabilities of the grant, as follows:
GRANT SOLUTION AREA:
1. Equipment
2. ' Training
3. Planning
4. Exercise
5. Organization
6. Management & Administration (OES only)
GRANT MISSION AREAS:
1. Prevention
2. Protection
3. Mitigation
4. Response
5. Recovery
CALIFORNIA HOMELAND 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 Cybersecurity
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
10. Enhance Homeland Security Exercise, Evaluation, and Training Programs Applicants will be required to align each project to the solution area, mission area and strategy goals.
INVESTMENT JUSTIFICATIONS
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 (including election security) (National Priority)
FY22 HSGP Subrecipient Application Workbook
4. Enhancing Community Preparedness and Resilience (National Priority)
5. Combating Domestic Violent Extremism (National Priority)
6. Strengthen Communications Capabilities Through Planning, Governance, Technology, and Equipment
7. Enhance Medical and Public Health Preparedness
8. Strengthen Intormation Sharing and Collaboration
y. Enhance Community Capabilities through Multi-Jurisdictional/Inter-Jurisdictional All- Hazards Incident Planning, Response & Recovery Coordination
10. Protect Critical Infrastructure and Key Resources (includes Food and Agriculture)
11. Enhance Election Security (National Priority) NEW
GRANT APPLICATION
Once the application is received by San Bernardino County Office of Emergency Services and approved by cal OEs, jurisdictions will be notified that their projects) is/are approved in an "Authorization to Spend letter." Please note: approved allocation amounts may differ from the proposed allocations that have already been submitted. Please read the remainder of this document to ensure that you can comply with grant requirements prior to accepting the award.
SUBRECIPIENT GRANT PACKAGES
Subrecipient packages consist of the following: signed Subrecipient Agreement/Assurances, Cover Letter, Certification Letter, signed Application Workbook Certification, proof of SAM. gol egistration, Subrecipient Grant Management Assessment Form, and Single Audit Report, if applicable. Subrecipient packages will be provided to jurisdictions that have approved projects prior to receiving the Authorization to Spend letter. Jurisdictions are NOT permitted to spend funds until the Authorization to Spend letter has been issued. If the project requires an EHP, Noncompetitive Justification, Performance Bond, or other type of approval indicated on the approved project worksheet, a request must be submitted to the Grants Unit. Once approval is obtained, projects can commence.
SUBRECIPIENT AGREEMENT
The subrecipient agreement/assurances must be signed in BLUE INK. Subrecipient packages must be submitted to:
San Bernardino County Office of Emergency Services
Attn: Tina Sutera
1743 Miro Way
Rialto, CA 92376-0425
A copy of the package can also be emailed to: [email protected].
COVER LETTER
The cover letters must be on the jurisdiction's letterhead. Please certify that the documentation is clear and correct. Include your contact information on the "Certification Box" of the cover letter.
CERTIFICATION LETTER
Complete the certification letter with the following information:
Box 1: Name of the entity receiving the grant award. Indicate law or fire jurisdiction.
Boxes 2-5: Use this table to include all federal grant funds the jurisdiction has/will receive for the fiscal year, including EMPG, SAFER, etc. Include a separate sheet if needed. (Consult with your budget or fiscal personnel for more information.) Box 6: Entity Primary Location
Box 7: Include a UEl number. (DUNS number is no longer valid)
FY22 HSGP Subrecipient Application Workbook
SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT
The Subrecipient Grant Management Assessment form must be signed in BLUE INK and submitted with your subrecipient package.
SYSTEM FOR AWARD MANAGEMENT (SAM)
Subrecipients must have a valid UEl number and be currently registered with the System for Award Management (SAM) per the Federal Funding Accountability and Transparency Act (FFATA). Proof of registration can be fulfilled by providing a screen shot of the email confirmation or website registration confirmation.
UNIQUE ENTITY IDENTIFIER NUMBER (UEI)
In order to apply and receive federal financial assistance your agency must have a valid UEl number. To obtain a UEl number agencies must register at no cost directly to this web site: www.sam.gov. DUNS numbers are no longer accepted.
GRANT PERFORMANCE PERIOD
The FY22 HSGP has a 30-month performance period for subrecipients (September 1, 2022 to March 31, 2025).
PROPOSED PROJECTS NOT APPROVED
All proposed projects not approved by the Approval Authority members at the time of the initial application will be kept on file for consideration for future funding should any savings/unspent funds become available during the grant performance timeline. If and when the Approval Authority members select your project to be funded, you will be notified and instructions will be provided as to what requirements must be met.
GRANT REQUIREMENTS
LAW ENFORCEMENT
This year the grant requires that a minimum of 30% of HSGP funds be dedicated to law enforcement terrorism prevention activities. This is an increase from past years.
PROJECT MILESTONE DEADLINES
In order to meet the State's timeline and to ensure continuity of HSGP grant funding for the County, San Bernardino County OES requires subrecipients to complete the three milestones below for the projects) during the life of the grant cycle. Failure to meet these milestones may result in denial of future fund requests until the project is back on track. Please also see the Milestone Percentage Required Completion Date
First Milestone 30% December 31, 2022
Second Milestone 60% July 31, 2023
Third Milestone 100% March 31, 2024
STATUS REPORTS
Status reports must be sent by each jurisdiction to the Grants Administration Unit prior to the deadlines listed below. Information obtained will be reported by the Grants Unit to the Cal OES and FEMA.
Reporting Period Report Due Date
7/1/2023-12/31/2023 1/05/2024
1/1/2024-6/30/2024 7/05/2024
7/1/2024-12/31/2024 1/05/2025
FY22 HSGP Subrecipient Application Workbook
MODIFICATIONS
It is mandatory for all subrecipients to obtain preapproval from the Grants Administration Unit for any project modifications. The County (as the State's subgrantee of the HSGP grant) is required to obtain preapproval from Cal OES for all project modifications, activity, and/or scope of work changes as described in the Cal OES State Supplement to the Federal NOFO. HSGP funds may only be expended for the intended purposes) for which they were requested and approved. Therefore, grant funds cannot be expended for projects that are modified without prior approval. Additionally, modification requests require a written justification, which explains in detail why the project is being changed.
Please contact the Grants Administration Unit for the required modification form and narrative.
Modified projects completed prior to Cal OES approval will be denied.
PROCUREMENT GUIDELINES
All jurisdictions must follow the procurement policy that encompasses all federal, state, and local procurement policies and procedures for the purchase of goods and services in accordance with applicable federal rules under the 2 C.F.R. Part 200.317-200.326. Jurisdictions must ensure that all procurement transactions are conducted in a manner providing full and open competition.
San Bernardino County Procurement Policy requires the following:
1. All procurement over $1,000 requires a competitive process.
2. A Noncompetitive Procurement Justification for all sole source purchases over $1,000 with documented attempts for solicitation (Bid Summary Form) must be submitted to the Grants Unit and pre-approved prior to purchase.
Subrecipients who do not follow San Bernardino County's procurement policy must submit their jurisdiction's procurement policy to the Grant's Unit to ensure that all grant purchasing requirements are followed.
WRITTEN QOTES/BIDS
San Bernardino County policy is that Subrecipients must document a minimum of three written price quotations/bids for purchases over $1,000. The award is made to the responsible firm whose proposal is most advantageous for the program with price and other factors to consider. Subrecipients should adhere to their own procurement policies if their policies are more restrictive than the County's policy.
NONCOMPETITIVE PROCUREMENT
Procurement by noncompetitive proposals (sole source) may be used only when the award of the contract is not feasible under small purchase procedures, sealed bids, or competitive proposals, and one of the following circumstances applies:
1. The item is available only from one source;
2. After solicitation of at least three resources, competition is determined to be inadequate.
In concurrence with 2 CFR part 200.317 - 200.326, Cal OES requires the Operational Areas and its subrecipients encompass all federal, state, and local procurement policies for noncompetitive procurement. Failure to obtain preapproval for noncompetitive procurement may result in the denial of the grant expenditure.
In addition, if the city/town/county's policy requires that noncompetitive procurement be approved by the City Council or Governing Board prior to procurement, then that procedure must be followed. The supporting documents must be provided with reimbursement claims.
FY22 HSGP Subrecipient Application Workbook
COST BENEFIT ANALYSIS
Subrecipients will need to provide a cost benefit analysis with the Request for Noncompetitive Procurement Authorization Form. The analysis will provide to Cal OES he justification/feasibility based on the comparison of the total expected costs of eac id/quote against the total expected benefits, to examine whether the benefits outweial the costs. A Cost Benefit Analysis (CBA) must be submitted with the noncompetitive procurement requests.
INFORMAL QUOTE INVENTATION FOR BID (IFB) AND REQUEST FOR
PROPOSAL (RFP)
Informal Quotes are for purchases of low value goods, supplies, equipment, and services. San Bernardino County's threshold for informal quotes is $4,999, which may be solicited by less formal means such as email, fax, informal correspondence, or internet as well as electronic procurement systems. Should the subrecipient's local policy be more restrictive, then the subrecipient must follow their own policy for informal quotes.
An IFB is used to solicit prices for goods, supplies, and equipment where the exact need is known based on definitive specifications. The FB provides a clear and accurate description of the material or products to be procured. The description must not contain unreasonable features that restrict the competition. Jurisdictions must ensure that all procurement transactions are conducted in a manner providing full and open competition. Some situations considered to be restrictive of competition include, but are not limited to:
Placing unreasonable requirements on firms in order for them to qualify to do business;
• Requiring unnecessary experience and excessive bonding; • Noncompetitive pricing practices between firms or affiliated companies; • Organizational conflicts of interest;
• Specifying only "brand name" instead of allowing "an equal" product to be offered and describing the performance of other relevant requirements of the procurement; and
• Any arbitrary action in the procurement process.
Jurisdictions may not use statutorily or administratively imposed local geographical preference in the evaluation of bids or proposals. (See 2 C.F.R. 200.37-200.326).
A jurisdiction that uses a consulting firm to write the specifications for a contract bid/proposal cannot award the contract to the same consulting firm due to a conflict of interest.
FORMAL ADVERTISING AND REQUEST FOR PROPOSALS (RFP)
Procurement by Sealed Bids/Invitation for Bids require the subrecipient to formally advertise in a widely circulated publication; bids are solicited from an adequate number of qualified sources; and a firm-fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all material items and conditions of the bid and is the lowest price. See (2 C.F.R. 200.37-200.326 (d) (3) for additional guidance). Subrecipients must document a minimum of three responsible bids and proof of advertisement and solicitation efforts must be forwarded to the Grants Administration Unit with your reimbursement claim.
An RFP is used for the purchase of services where evaluation criteria may include qualification and experience, technical and functional specifications, cost, financial stability, and references. The RFP is sent to all registered vendors for the applicable product. The award is made to the vendor whose proposal is most advantageous.
FY22 HSGP Subrecipient Application Workbook
Note: All training consultant/contractor purchases must be solicited through a competitive procurement process.
In compliance with the Byrd Anti-Lobbying Act 31 U.S.C. § 1352 (as amended), contractors who bid on federal awards of $100,000 or more must sign and submit Certification Regarding Lobbying. Disclosure of such certification must be included in formal bid advertising and RFP language as well as the signed contract. Certification must be forwarded to the awarding agency and kept on file.
Failure to adhere to the above procurement processes may result in a delay in processing your request and possible denial of your reimbursement.
SOPPLANTING
Federal funds may not supplant, replace, or offset local funds. HSGP funds cannot be used to resources occurred for reasons other than the receipt or expected receipt of federal funds.
EQUIPMENT
Funds for equipment must be used to enhance the capabilities of state and local emergency esponse agencies and all equipment must be identified by an Authorized Equipment List (AEL umber. The HSGP grant has 21 authorized equipment categories under the AEL and, as ir previous years, the AEL is presented as follows:
1. Personal Protective Equipment
2. Explosive Device Mitigation and Remediation Equipment
3. CBRNE Operational and Search and Rescue Equipment
4. Information Technology
5. Cyber Security Enhancement Equipment
6. Interoperable Communications Equipment
7. Detection
8. Decontamination
9. Medical
10. Power
11. CBRNE Reference Materials
12. CBRNE Incident Response Vehicles
13. Terrorism Incident Prevention Equipment
14. Physical Security Enhancement Equipment
15. Inspection and Screening Systems
16. Animals and Plants
17. CBRNE Prevention and Response Watercraft
18. CBRNE Aviation Equipment
19. CBRNE Logistical Support Equipment
20. Intervention Equipment
21. Other Authorized Equipment
NOTE: USE TAXES
The Grants Administration Unit will not reimburse for use taxes without a proper proof of payment.
AUTHORIZED EQUIPMENT LIST (AEL)
To obtain the appropriate AEL authorized number, please check on the following web site:
https://www.fema.gov/authorized-equipment-list.
FY22 HSGP Subrecipient Application Workbook
COMMUNICATION EQUIPMENT
Subrecipients using FY22 HSGP funds to support emergency communications activities must comply with the FY2022 SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
PHARMACEUTICAL SUPPLIES
Special rules apply to pharmaceutical purchases and medical counter measures. Prior to procuring pharmaceuticals, subrecipients must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. This will also include antibiotics and antidotes for nerve agents, cyanide, and other toxins. Purchase of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year period of performance for HSGP. The plan must be submitted to the Grants Unit and preapproved by FEMA prior to incurring any cost. The cost of disposal cannot be carried over to another DHS/FEMA grant or grant period.
Any equipment that requires installation is subject to the Environmental Planning and Historic Preservation (EHP) requirements. Outdoor training/exercise activities are also subject to the EHP requirements. Subrecipients must complete and submit the required EHP Screening Form to the Grants Administration Unit for approval of Cal OES and FEMA. It is mandatory that all EHP forms be approved by FEMA and Cal OES prior to incurring any project costs. Refer to the Federal Notice of Funding Opportunity, State Guidance and FEMA Preparedness Grants Manual for information regarding the EHP Screening Form and other required documents.
PLANNING/ORGANIZATION PROJECTS
In accordance with 2 C.F.R. § 200.430, Planning/Organization personnel must track actual hours worked on planning and organization projects. Required supporting documentation consists of the following:
1. Functional timesheets or signed payroll activity reports showing how many hours of the week were dedicated to the planning project;
2. Proof of Payment (Copy of paycheck is preferred or payroll registers with definition of codes with private information blocked out;
3. TLR's (Time, Labor Reports-showing Total Actual Hours worked for the pay period).
4. Benefit cost analysis of actual benefit costs for the reporting period, if applicable.
Weighted or estimated benefit costs are not allowable and will not be reimbursed.
5. Proof of hourly rate that is being calculated as project costs.
The grant will reimburse for salary and benefits for ACTUAL hours worked on planning or organization projects. Benefits should be calculated with actual benefits for the reporting period.
Benefits must be calculated for each reporting (pay) period as benefit costs may fluctuate.
For more information regarding allowable benefit costs, Refer to 2 C.F.R § 200.431 Compensation-fringe benefits.
PLANNING DELIVERABLES OR FINAL PRODUCTS
Planning deliverables may include, but are not limited to:
1. Procedure Manuals
2. Policy Procedures
3. Standard Operating Procedures (SOP's)
4. Reports
5. Templates
6. Plans
7. Guideline Manuals
8. Directive Manuals
FY22 HSGP Subrecipient Application Workbook
9. Operating Manuals
10. Official Procedures
11. Newsletters
12. Training Manuals (Participants and Instructor)
Planning reports must be considerable and substantial in their contents and must be associated to the planning deliverables listed on the proposed projects. The amount of grant funds received for the planning project must justify the outcome of the delivery report.
CONTRACTOR/CONSULTANT
Contractors and Consultant services are allowable under the HSGP. Contract and procurement awards must be made to the responsible contractor or vendor whose bid or offer is most advantageous to the project. The methods of contracting are as follows:
a) Formal Advertising
b) Invitation for Bid (IFB)
c) Request for Proposal (RFP)
Consideration should be given to such matters as contractor integrity, record of past performance, financial and technical resources, and/or accessibility to the necessary resources.
A bidder is considered responsible when it has been established that the contractor meets the necessary requirements for the project and is otherwise qualified and eligible.
NOTE: Subrecipients must verify PRIOR to entering into the contract that the independent contractor or consultant services has not been suspended or debarred from participation in receiving federal awards. A dated screen printout must be obtained from the web site www.sam.gov as proof for reimbursement requests.
All contract agreements must be prepared in accordance with existing State contract provisions and policies and clearly define the responsibilities of all parties, as per 2 C.F.
R. 200.317 - 200.326 and Appendix Il to Part 200, Contract Provisions for Non- Federal Entity Contracts Under Federal Awards. In compliance with the Byrd Anti- Lobbying Act 31 U.S.C. § 1352 (as amended), contracts of $100,000 or more require the contractor to submit a Certification Regarding Lobbying. Disclosure of such certification must be included in formal bid advertising and RFP language, as well as the signed contract agreement. Certification must be forwarded to the awarding agency and kept on
SAM SUSPENSION AND DEBARMENT
Subrecipients are required to obtain verification that the contractor or vendor selected is not debarred or suspended at the time of the award. The subrecipient must search the www.sam.gov website to verify that the vendor and/or contractor is not debarred or suspended from programs or activities involving federal financial and non-financial assistance. Vendor registration in SAM. gov is not required. However, vendor must not be debarred, suspended, or excluded from receiving federal funds, which will be verified in the search. Subrecipients receiving federal funds must certify that they will adhere to Federal Executive order 12549, Debarment and Suspension. Subrecipients will not make any awards or enter into any contract with parties that are debarred, suspended, or otherwise excluded or ineligible for participation in federal programs and activities.
The SAM.gov screenshot must be printed prior to hiring the vendor/contractor and must be submitted to Grants Administration Unit with the request for reimbursement. Failure to provide this information may result in a delay in processing your request and possible denial of your claim.
FY22 HSGP Subrecipient Application Workbook
VEHICLE PURCHASES
As a result of numerous inquiries regarding the use of vehicles purchased with Homeland Security funds, the following guidance is being provided regarding authorized use of these vehicles:
1) A performance bond must be obtained for all vehicle, watercraft, and aircraft purchases. 2) For the purposes of the HSGP the vehicle identification is: A means of transportation to be used tor CBRNE response equipment and personnel to the incident site. A list of authorized HSGP vehicles can be found through FEMA's Authorized Equipment List. 3) Vehicle licensing, registration and general maintenance fees are the responsibility of the subrecipient and are NOT allowable with grant funds.
4) All vehicles purchased with HSGP funds must be tagged and be part of the subrecipient inventory control.
When subrecipients submit a proposal to purchase a vehicle, your agency must submit a justification and identify which of the subcategories under CBRNE Response Vehicle the purchase relates to. Also, your agency must be able to demonstrate how the purchase of the CBRNE Response Vehicle complies with the HSGP strategy. Vehicles must be assigned to the Duty Officer or first responder who will respond to a given incident when required to provide response to any emergency event.
PERFORMANCE BOND
Subrecipients are required to obtain a performance bond for any equipment item over $250,000, or any vehicle, aviation, or watercraft (regardless of the cost) financed with Homeland Security Grant dollars. A copy of the performance bond must be submitted to the Grants Administration Unit with your reimbursement claim. Failure to obtain the required performance bond will result in the disallowance of your HSGP project. Subrecipients may request a performance bond waiver which will be reviewed by Cal OES on a case-by-case basis.
UNALLOWABLE COSTS
Equipment purchased with HSGP funds cannot be charged to other federal grants to overcome fund deficiencies. Subrecipients will ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Refer to Federal NOFO and State Supplemental for unallowable costs.
ADDITIONAL FORMS
All other forms must be preapproved by Cal OES prior to incurring any costs. • EHP Form
• Request for Noncompetitive Procurement Form (Sole Source Vendor) • Aviation Request Form
• Watercraft Request Form
• Controlled Equipment Request Form
REIMBURSEMENT CLAIMS
Reimbursement shall be based upon authorized and allowable expenditures consistent with the approved project. All expenditures must be supported with the following source documentation:
• Signed Reimbursement form
• Copy of invoices. Must be legible
• Three written quotes or Noncompetitive Procurement Authorization Form • Screenshot of the SAM.gov vendor search results
• Proof of payment. Copy of front and back of the cancelled checks or credit card statement with proof of payment to the credit card company • Copy of City Council Minutes (if applicable)
FY22 HSGP Subrecipient Application Workbook
• At least one clear picture of each grant purchased equipment (serial number or other ID displayed).
Note: For each solution area reimbursement claim, please see Grants-Reimbursement Request - Check List.
PROOF OF PAYMENTS
ALL Subrecipients are required to submit copies of the front and the back of cancelled checks, as proot of payment for HSGP grant related expenditures. Subrecipients that paid their vendors through an electronic fund transfer (EFT) must submit copy of the EFT transfer as proof of payment. The EFT transfer must include the name of the vendor/recipient of the transfer, the amount transferred, date of transfer and name of the jurisdiction doing the transfer. Credit carc purchases must be accompanied with the receipt, the credit card statement and proof of payment to the credit card company for the corresponding statement.
GRANT MONITORING
JURISDICTIONAL GRANT MONITORING
As per new regulations under 2 CFR part 200.330 - 200.332, the Grants Administration Unit will be enforcing monitoring of subrecipient's project activity. Grant activities (both desk review and on-site) are reviewed during monitoring visits. These reviews may include, but are not limited to:
• Eligibility of Expenditures
• Project Activities
• Reimbursement Requests
• Modification Request
• Grant Status/Performance Reports
• Equipment
• Equipment Inventory Control Reports
• A review of the Corrective Action Plan (CAP) of the subrecipient's Single Audit Report (if there is a finding on the report).
The Grants Administration Unit will schedule site visits with subrecipients.
INVENTORY CONTROL
Subrecipients must comply with all requirements set forth in 2 C.F.R. Part 200.313 for the active tracking and monitoring of property/equipment purchased with HSGP funds. Subrecipients must account for and reconcile inventory with the SB County OES Grants Administration Unit's property records prior to deployment and at each scheduled inventory inspection. Subrecipients will develop and maintain a control tracking system to ensure adequate safeguards to prevent loss, damage, or theft of grant funded equipment. When equipment purchased with grant funds is no longer needed or will be retired, subrecipients will request disposition instructions from SB County OES Grants Administration Unit. If items are damaged, lost, stolen, or retired, subrecipients will provide an explanation on the Equipment Disposition Request/Report form of how the damage happened and the subrecipient's plan in preventing damage from occurring in the future.
GRANT PROJECT CLOSEOUT
All projects must be completed by the end of the performance milestone. Supporting documentation must be kept and equipment must be tracked by the subrecipients until notified otherwise by the Grants Administrative Unit.
FY22 HSGP Subrecipient Application Workbook
RECORDS RETENTION
Subrecipients are required to maintain accurate, complete, orderly, and separate records for ach grant year. All supporting documentation pertaining to the administrative, programmatic nd financial management of the grant award must be retained bv the subrecipient for at leas three years tollowing Lal es's closeout of the Federal/State grant period including the resolution of any monitoring/audit findings. The Grants Administration Unit will notify all jurisdictions when to dispose of the supporting documentation for prior grant years, after Cal JES has provided authorization to dispose. If any jurisdiction is under audit review and there are any negative audit findings under the Homeland Security Program Grant funding, they must notify SB County OES - Grants Unit as soon as possible.
COUNTY OF SAN BERNARDINO HSGP PROGRAM CONTACTS:
Daniel Munoz, Deputy Executive Officer
E-mail: [email protected]
Phone: (909) 388-5805
Vacant, Director of Emergency Services
E-mail:
Phone: (909) 356-3998
Tina Sutera, Staff Analyst I|
Grants Administration Unit
Email: [email protected]
(909) 356-2565
FY22 HSGP Subrecipient Application Workbook
~ PROCEED TO CERTIFICATION AND ACKNOWLEDGEMENT ON NEXT PAGE ~
FY22 HSGP Subrecipient Application Workbook
SAN BERNARDINO COUNTY OPERATIONAL AREA
FY2022 HOMELAND SECURITY GRANT PROGRAM
APPLICATION WORKBOOK CERTIFICATION
as the Authorized Agent
_JURISDICTION,
certify that our jurisdiction has read and acknowledges the Homeland Security Grant Program (HSGP) guidelines specified in the document hereof.
Authorized Agent Signature Date
Print Name
Project Manager Signature Date
Print Name
Cal 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.
Cal OES
GOVERNOR'S OFFICE
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.
Subrecipient:
Signature of Authorized Agent: _
Printed Name of Authorized Agent:
Title: Date: