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HomeMy WebLinkAboutCOM 0108.028 2022-2024 • y ;07 ......... • Mitchell D.Roth +'. � f/'• Mayor ,................. -°" Talmadge J.Magno °- J • rEosµ• = I Civil Defense Administrator Deanna S. Sako Managing Director 4 `JJ,,/, ounf t i 4afinXuu .Robert H.Command c CIVIL DEFENSE AGENCY Deputy Managing Director C j 920 Ululani Street • Hilo,Hawai'i 96720-3958 }. (808)935-0031 - - 9="- UJ ` s;, DATE: January 23, 2024 rri TO: Heather Kimball, Council Chair and Council Members VIA: Kay Oshiro, Controller FROM: Talmadge Magno, Civi efen Admi rator RE: NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 23-50 (current Budget Ordinance), Section 7(1) Name of Grant Program: State Homeland Security Program FY23 Grantor: State of Hawaii, Department of Defense, Dept. of Law Enforcement/Office of Homeland Security County Grantee Department or Agency: Hawaii,County Civil Defense Agency Grant No. (IF KNOWN): EMW-2023-SS-00026 Amount of Grant: $780,000.00 Amount of County Match: None County Revenue & Expenditure Account Numbers: 3310.47 & 010.241.5241 .85 Grant Period (Commencement & Completion): 9/1/23-8/31/26 Purpose of Grant: To support state and local efforts to prevent terrorism and other catastrophic events to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. Is final report required by grantor? 14 Yes ❑ No • Notification attached: Ij Yes El No, because Comm. No.10 7. 17 Ref.To: Hawai'i County is an equal opportunity provider and employer Ref. Date MAY 3 1 2024 ROUTING SHEET H..A„6.4 =DEPIIFINENT OF DEFENSE State of Hawaii, Department of Defense Date: October 6, 2023 Suspense: NA Fr To Stop (Specifc Person) Initials/Date For 2 The Adjutant General MG Hara rye 10/10/23 2 Action/Signature 1 Acting Deputy Adjutant General BG Mitsuyoshi o 10/09/23 Approval Senior Enlisted Leader Comment and • x Hawaii Air National Guard Recommenation Hawaii Army National Guard • Coordinate with: State Civil Defense • ( ) Office of Veterans Services • Direct reply(c:TAG) Youth Challenge Academy File Engineering Office 1 For Your Information State Family Program Office Investigate and Report Public Affairs Office • See Me to Discuss Human Resources Office • Signature Facility Maintenance Office State Personnel Office Judge Advocate General Prepare Reply for: Inspector General [X]TAG Signature X Office of Homeland Security(OHS) Frank J. Pace 1o/o9/23 [ ] DAG Signature Administrative Services Officer(ASO) [ ] Governor Signature State Fiscal Office Joint Military Executive Officer REMINDER Joint Chief of Staff Request Extension if • DLNR needed Ken Nakagawa • Prepare interim reply Hawaii Emergency Management Agency if necessary J4 Interim letter sent JS J6 J7 • Distributive Training Technology Project REMARKS: Background: Attached is the Grant Agreement Articles and Special Conditions between the Office of Homeland Security and grant sub recipient-the County of Hawaii, Hawaii County Civil Defense Agency. The County of Hawaii, Hawaii County Civil Defense Agency was awarded $780K under the FY 2023 Homeland Security Grant Program. Recommendation: sign White Paper- Routine. Blue Paper-Congressional Referrals. Pink Paper-Governor Referrals 1 , KENNETH S.HARA �C,ry JOSH GREEN,M.D. 4/ � 't MAJOR GENERAL i ADJUTANT GENERAL KEOK AA NA yid, $+� KA'AKUKANA KENELALA STEPHEN F.LOGAN BRIGADIER GENERAL DEPUTY ADJUTANT GENERAL STATE OF HAWAI`I KA HOPE'AKUKANA KENELALA KA MOKU'AINA 0 HAWAI'I DEPARTMENT OF DEFENSE KA `OIHANA PILI KAUA OFFICE OF THE ADJUTANT GENERAL 3949 DIAMOND HEAD ROAD HONOLULU, HAWAI`I 96816-4495 October 6, 2023 Honorable Mitch Roth Mayor, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Roth: Fiscal Year 2023 Homeland Security Grant Program Sub Recipient Award Grant Agreement Articles and Special Conditions The State of Hawaii has been awarded the Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP) funds from the Department of Homeland Security, Federal Emergency Management Agency, Preparedness Directorate Grants and Training. The FY 2023 HSGP funds are provided to Mitigate, Prevent, Prepare, Respond, and Recover from threats and incidents of terrorism.The FY 2023 HSGP supports the County of Hawaii in leveraging funding to support the National Preparedness System initiatives. This grant is a result of congressional funding to enhance the capability of state and county agencies to prevent, protect, and respond to incidents of terrorism, but also supports all threats and hazards within the context of terrorism. The FY 2023 HSGP funding is distributed by investments and projects. The investments are a "collage" of programs and capability reviews submitted by the County of Hawaii during the application period. A copy of the investments and projects for the County of Hawaii are attached to the Sub Recipient Award Grant Agreement Articles and Special Conditions. While the HSGP funding continues to focus on terrorism, the support for all threats and hazards relating to acts of terrorism and other associated catastrophic preparedness is encouraged. It is also necessary that 35 percent of the HSGP continues to support law enforcement. Honorable Mitch Roth October 6, 2023 Page 2 The County of Hawaii is the recipient of$780,000.00.The grant funds are distributed in the investments and projects as shown with the attached Sub Recipient Award Grant Agreement Articles and Special Conditions. The HSGP funds not encumbered prior to December 31, 2025, will be subject to re- prioritization from the County of Hawaii and reallocated to established investments and projects. The Hawaii Department of Defense, Office of Homeland Security will continue to support the County of Hawaii's participation in training and exercises to improve core capabilities and support emergency Mitigation, Prevention, Preparedness, Response, and Recovery missions. In addition, the distribution of the FY 2023 HSGP funds is provided to identify the agency support of funding and how those funds provide benefit to the county jurisdictions by the respective state agency. The County of Hawaii will utilize the 2023 Implementation Strategy for Homeland Security to effectively fill the gap between needs and existing capabilities. All funds will be identified in a Detailed Budget Worksheet (DBW) which is included with the attached Sub Recipient Award Grant Agreement Articles and Special Conditions. The Sub Recipient Award Grant Agreement Articles and Special Conditions includes the terms and Conditions for the grant funding. If you agree with the Sub Recipient Award Grant Agreement Articles and Special Conditions, please sign in the designated areas no later than October 25, 2023. Thank you for your cooperation in expediting this initiative. If you have any questions, please have your staff contact Mr. Frank Pace, Administrator, Office of Homeland Security at (808) 369-3570, or via email at frank.j.pace@hawaii.gov. Sincerely, KENNETH S. HARA Major General Hawaii National Guard Adjutant General Attachment Sub Recipient Award Grant Agreement Articles and Special Conditions c: Mr.Talmadge Magno, Hawaii County Civil Defense Agency Mr. William B. Hanson, Hawaii County Civil Defense Agency Mr. Glen Badua, Office of Homeland Security HOMELAND SECURITY GRANT PROGRAM SUB RECIPIENT AWARD GRANT AGREEMENT ARTICLES AND SPECIAL CONDITIONS Hawaii Department of Defense, Office of Homeland Security Homeland Security Grant Program: Sub Recipient Award 1. Date: October 6, 2023 2. Notice of Funding Opportunity(NOFO)Title: 3. Grant Period of Performance: Fiscal Year 2023 Homeland Security Grant Program (HSGP) 09/1/2023 -08/31/2026 CFDA Number:97.067 4. Agreement Number: 5. Federal Award Date: 6. Name of Federal Awarding Agency: EMW-2023-SS-00026 September 1, 2023 Department of Homeland Security, Federal Emergency Management Agency 7. Name of State Administering Agency(SAA): 8. SAA FAIN/Vendor ID No:996000896 Hawaii Department of Defense SAA SAM UEI Number: MDZEFA2Z8DN5 9. Sub Recipient: 10. Sub Recipient SAM UEI 11. Sub Recipient Award Date: County of Hawaii, Number: F7S9S5D2CSP3 October 6, 2023 Hawaii Civil Defense Agency 12. Sub Recipient Award Funding Amount:$780,000.00 13. Instructions/Comments Sub Recipient Award shall be in effect for the duration of the project period stated above. Funds shall be made available on the Sub Recipient Award date. The award shall be signed by the agency below and returned to the Hawaii Department of Defense, Office of Homeland Security by October 25, 2023. The Sub Recipient Award is made in the amount and for the project period referenced above to the Sub Recipient identified above. This Sub Recipient Award is subject to compliance with the general conditions governing grants and sub recipient awards and any attached Certified Assurances or Special Conditions. This Sub Recipient Award is subject to compliance with all federal, state laws and all guidelines identified in the above-mentioned Notice of Funding Opportunity. The undersigned Sub Recipient Authorized Official hereby acknowledges he/she is authorized to legally bind the Sub Recipient and certifies acceptance of the above-described Sub Recipient Award on the terms and conditions specified or incorporated by reference above and those stated in the approved application. FY 2023 Homeland Security Grant Program Page 1 Sub Recipient Award Grant Agreement Articles and Special Conditions The County of Hawaii, Hawaii County Civil Defense Agency HOMELAND SECURITY GRANT PROGRAM SUB RECIPIENT AWARD GRANT AGREEMENT ARTICLES AND SPECIAL CONDITIONS 14. Funded Investments and Projects Dept/Agency Investments Projects Core Funding Level Capability NP 5- Enhancing Community Whole Community HCDA Preparedness and Resilience Community Resilience $120,000.00 HCPD-Law 7- Law Enforcements Enforcement Storage HCDA-HCPD and Warehousing Operational Coordination $100,000.00 On-Scene Security, 7- Law Enforcements HCPD Armored Protection, and Law HCDA-HCPD Response Vehicle Enforcement $380,000.00 8- Emergency Response CD Response Vehicles two vehicles Operations HCDA /comms/access Operational Coordination $180,000.00 TOTAL SHSP FUNDING $780,000.00 FY 2023 Homeland Security Grant Program Page 2 Sub Recipient Award Grant Agreement Articles and Special Conditions The County of Hawaii,Hawaii County Civil Defense Agency HOMELAND SECURITY GRANT PROGRAM SUB RECIPIENT AWARD GRANT AGREEMENT ARTICLES AND SPECIAL CONDITIONS 15. Retention of Funds: Designation of state agency as the sub recipient of the local share of grant funds for a project(s) benefiting the local jurisdiction(s) in the State of Hawaii. If agreed by the local jurisdiction the State may retain a portion of the local share of the eighty percent(80%) designated for the local jurisdiction for planning, equipment, exercises and/or training. These funds will be coordinated by the State Administrative Agency(SAA) on behalf of the local jurisdiction. As the duly authorized official of the County of Hawaii, Hawaii County Civil Defense Agency, I understand the FY 2023 Homeland Security Grant Program investments/projects support the Hawaii Department of Defense, Office of Homeland Security to complete the project(s) identified below in the amount of$745,400.00. With written approval from the County of Hawaii, Hawaii County Civil Defense Agency,the SAA assigns the Hawaii Department of Defense, Office of Homeland Security to utilize the local portion of grant funds for the purpose of continuing direct support of the local homeland security grant funded programs in accordance with federal program guidelines. Sub Recipient Project and Description Shared Funding Retained State Elections Office—Contribution NP6- Enhancing Election Security $80,000.00 OHS-Targeted Violence Prevention Network(Development/Training Implementation Program)-NP3-Combating Domestic Violent Extremism $75,000.00 OHS-Statewide Training Program $75,400.00 OHS-Homeland Security Planning $20,000.00 OHS-Hawaii State Fusion Center $90,000.00 OHS-Hawaii State Fusion Center—LE Contribution $60,000.00 OHS-Statewide Communications Interoperable Planning $30,000.00 OHS-Homeland Security Maintenance and Administration $125,000.00 OHS-State Digital Forensic Lab- LE Contribution $80,000.00 OHS- Contribution NP3-Combating Domestic Violent Extremism $20,000.00 OHS- NP3-Combating Domestic Violent Extremism—LE Contribution $90,000.00 TOTAL SUB RECIPIENT CONTRIBUTION PORTION $745,400.00 FY 2023 Homeland Security Grant Program Page 3 Sub Recipient Award Grant Agreement Articles and Special Conditions The County of Hawaii, Hawaii County Civil Defense Agency HOMELAND SECURITY GRANT PROGRAM SUB RECIPIENT AWARD GRANT AGREEMENT ARTICLES AND SPECIAL CONDITIONS Responsible Official Signature: Date: Mitch Roth 711-1-&1/6"C/Z 10/31/2023 Mayor,County of Hawaii Sub Recipient Project Officer and Signature Signature: Date: Talmadge Magno Emergency Management Director Talmadge t4 qno 10/23/2023 Hawaii County Civil Defense Agency Authorized Official Kenneth S. Hara Signature: Date: Major General Hawaii National Guard ' ` �� 10/10/2023 Adjutant General Approve as to Form Signature: Date: CraigY. lha 11/02/2023 Deputy Attorney General FY 2023 Homeland Security Grant Program Page 4 Sub Recipient Award Grant Agreement Articles and Special Conditions The County of Hawaii, Hawaii County Civil Defense Agency HOMELAND SECURITY GRANT PROGRAM SUB RECIPIENT AWARD GRANT AGREEMENT ARTICLES AND SPECIAL CONDITIONS Date: October 6, 2023 Sub Recipient: County of Hawaii, Hawaii County Civil Defense Agency Notice of Funding Opportunity(NOFO)Title: FY 2023 Homeland Security Grant Program Agreement Number: EMW-2023-SS-00026 Program: State Homeland Security Program CFDA Number: 97.067 Sub Recipient Award Funding Amount: $780,000.00 ARTICLE I - PROGRAM DESCRIPTION The Fiscal Year(FY) 2023 Homeland Security Grant Program (HSGP) is pivotal in implementing the National Preparedness System (NPS) by supporting the building, sustaining, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG).The development and sustainment of the core capabilities are not exclusive to any one agency or governmental activity but through the combined efforts of the whole community.The HSGP supports all core capabilities across the Mitigation, Prevention, Preparedness, Response, and Recovery mission areas. Files and information related to the NPS can be found at https://www.fema.gov/national-preparedness-system The County of Hawaii, Hawaii County Civil Defense Agency is being awarded a total of$780,000.00 under the FY 2023 HSGP funding. These funds are not for the purpose of Research and Development and may not be used as such. The approved FY 2023 HSGP award and the distribution of the FY 2023 HSGP funds to the County of Hawaii, Hawaii County Civil Defense Agency are available at Attachment 2 (FY 2023 Funding Distribution).The distribution provides an understanding of funds agreed by state agencies that support the County of Hawaii, Hawaii County Civil Defense Agency. The distribution table is to ensure that the Grant Agreement Articles and Special Conditions clearly identifies the purpose of the funds, responsible agency, and the desired benefit. The distribution is to ensure the funds are being distributed based on the 80% (State) and 20%(local) split. This is reiterated with the Retention of Funds that are included with the Funding Distribution. ARTICLE II -AUTHORITIES The Authorizing Authority for the FY 2023 HSGP is The Homeland Security Act of 2002 (Public Law 107-296) (6 U.S.C. 603).The Appropriation Authority for the HSGP Program is The Department of Homeland Security Appropriation Act, 2020, (Public Law 115-31). The CFDA number for the FY 2023 HSGP is 97.067. National Priorities for FY 2023 HSGP are identified below: 1. Enhancing the Protection of Soft Targets/Crowded Places-3% Minimum 2. Enhancing Information and Intelligence Sharing and Analysis-3% Minimum 3. Combating Domestic Violent Extremism -3% Minimum 4. Enhancing Cybersecurity—No minimum percentage 5. Enhancing Community Preparedness and Resilience-3% Minimum 6. Enhancing Election Security-3% Minimum 7. Law Enforcement-35%allocation FY 2023 Homeland Security Grant Program Page 5 Sub Recipient Award Grant Agreement Articles and Special Conditions The County of Hawaii, Hawaii County Civil Defense Agency HOMELAND SECURITY GRANT PROGRAM SUB RECIPIENT AWARD GRANT AGREEMENT ARTICLES AND SPECIAL CONDITIONS The HSGP is a core assistance program that provides funds to build capabilities at the State and local levels and to implement the goals and objectives included in the State of Hawaii Implementation Strategy of Homeland Security and initiatives in the SPR. Activities implemented under HSGP must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, response to, and recovery from terrorism. Many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. ARTICLE III - PERFORMANCE PERIOD The period of performance period is for three years. However,the State Administrative Agency(SAA)enforced a two- year performance period (24) months from the effective date of the grant award: September 1, 2023,through August 31, 2025. The County of Hawaii, Hawaii County Civil Defense Agency shall not incur costs pertaining to the operations of the program or any related program project or activities beyond past August 31, 2025. If the County of Hawaii, Hawaii County Civil Defense Agency requires the final year to complete the project(s), a written justification will need to be submitted to the SAA explaining why the third year is required to complete the project. The SAA will then determine if the final year of the period of performance will be honored. If so, an Adjustment Notice will be issued. ARTICLE IV-AMOUNT AWARDED AND DISTRIBUTION Expenditures of all grant funds must be allocated against the approved FY 2023 Implementation Strategy for Hawaii Homeland Security.The County of Hawaii, Hawaii County Civil Defense Agency receiving the FY 2023 HSGP funds is required to complete an initial Detailed Budget Worksheet (DBW) and an Initial Strategy Implementation Plan (ISIP) identifying the use of the funds. Once the ISIP is approved, changes will be submitted to the Department of Homeland Security(DHS) Preparedness Directorate, for approval and initial review for Environmental Historical Preservation Categorical Exempt items.These activities will be completed within the 45-day requirement from the date of the award. Funds may only be allocated against the approved FY 2023 investment justifications and projects as shown in Attachment 3 (FY 2023 Investment Justifications).Attachment 4 provides the initial FY 2023 Detailed Budget Worksheet. The HSGP Guidance provides allowable costs for authorized program expenditures by program, planning solution and category for sub recipient.As annotated in the DBW,the grant funds may be used to support training, exercises, planning, overtime to support training and exercise program,travel, supplies, and contractual services associated with implementing the Implementation Strategy for Homeland Security. Personnel associated with the execution of the grant programs will be identified under Management and Administration (M&A).The County of Hawaii, Hawaii County Civil Defense Agency may use funds to hire program personnel to support specific programs under planning, training, or exercises. Personnel descriptions must be on file with grant records at the Hawaii Department of Defense, Office of Homeland Security(DoD, OHS). FY 2023 Homeland Security Grant Program Page 6 Sub Recipient Award Grant Agreement Articles and Special Conditions The County of Hawaii, Hawaii County Civil Defense Agency HOMELAND SECURITY GRANT PROGRAM SUB RECIPIENT AWARD GRANT AGREEMENT ARTICLES AND SPECIAL CONDITIONS ARTICLE V- COST-SHARE/MATCH There is no cost share or match required for these grant funds. If expenditures exceed the maximum amount of funding, The County of Hawaii, Hawaii County Civil Defense Agency shall be responsible for the costs in excess of the approved budget. ARTICLE VI - MAINTENANCE OF EFFORT/SUPPLANTING OF FUND The funds shall be used to supplement and shall not be used to supplant funding dedicated to this effort. ARTICLE VII -ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS The HSGP cannot be transferred between investments without prior approval. Threat and Hazard Identification and Risk Assessment(THIRA). Each state is required to develop a THIRA annually and is due December 31st.The THIRA process will provide a foundation to justify and guide preparedness activities and investments at all levels of government.The THIRA will evaluate a wide range of threats and hazards based on analysis of relative consequences of the various threats and hazards. As requested,the County of Hawaii, Hawaii County Civil Defense Agency shall participate in the discussion/development of the THIRA and stakeholder SPR. Stakeholder Preparedness Report.The Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) requires any State that receives Federal preparedness assistance to submit a Stakeholder Preparedness Report to the Department of Homeland Security/Federal Emergency Management Agency(DHS/FEMA). Environmental Planning and Historic Preservation (EHP). The County of Hawaii, Hawaii County Civil Defense Agency must comply with the EHP in accordance with OHS Information Bulletin 271, dated December 5, 2007, and FEMA Policy #108-023-1, Grant Programs Directorate, Environmental Planning and Historic Preservation Policy Guidance. All funding, regardless of what it is being used for requires an EHP approval prior to encumbering funds. For expenditures requiring an EHP,the County of Hawaii, Hawaii County Civil Defense Agency must complete and submit appropriate documentation prior to encumbering funds. The DBW provides categorical exempted items as well as entries that requires an EHP screening review. National Incident Management System (NIMS).The County of Hawaii, Hawaii County Civil Defense Agency is required to implement NIMS. Incident management refers to how incidents are managed across all homeland security activities, including prevention, protection and response, mitigation, and recovery.The County of Hawaii, Hawaii County Civil Defense Agency must use standardized resource management concepts for resource typing, credentialing, and an inventory to facilitate the effective identification, dispatch, deployment,tracking and recovery of resources. Property Accountability. The County of Hawaii, Hawaii County Civil Defense Agency is required to provide a complete inventory listing for each project in the investment to the Hawaii DoD, OHS prior to the official closeout of the FY 2023 HSGP.The inventory list should be in compliance with the County of Hawaii, Hawaii County Civil Defense Agency Property and Inventory Management Procedures. Inventory conditions such as wear and tear, disposals, and transfers, must be annotated on the inventory list. The inventory listing will be provided to the Hawaii DOD, OHS prior to the closeout of the grant. FY 2023 Homeland Security Grant Program Page 7 Sub Recipient Award Grant Agreement Articles and Special Conditions The County of Hawaii, Hawaii County Civil Defense Agency HOMELAND SECURITY GRANT PROGRAM SUB RECIPIENT AWARD GRANT AGREEMENT ARTICLES AND SPECIAL CONDITIONS Monitoring:The County of Hawaii, Hawaii County Civil Defense Agency is subject to desk and site monitoring at least once a year for all open grant programs. Internal Controls: Each entity receiving Federal Grant funds must establish and maintain effective internal controls over federal awards to provide reasonable assurance that awards are being managed in compliance with laws and regulations. Standard Financial Requirements.The County of Hawaii, Hawaii County Civil Defense Agency shall comply with all applicable laws and regulations.A non-exclusive list of regulations commonly applicable to DHS/FEMA grants are listed below: • 2 CFR 200 Uniform Guidance • Cost Principles are identified in 2CFR Part 200,Subpart E • 28 CFR Part 23, Criminal Intelligence Systems Operating Policies Technology systems funded or supported with Homeland Security Grant Program funds comply with 28 CFR Part 23 ARTICLE VIII - REQUEST FOR REIMBURSEMENT The method of payment will be on a reimbursement basis. All reimbursement documents will be submitted to the Hawaii DoD, OHS with an original signature on the transmittal reimbursement request to include supporting documentations. Please refer to the "procedures for reimbursement checklist" which can be downloaded at https://dod.hawaii.Rov/ohs/resource-library. Payment will be made to the County of Hawaii, Hawaii County Civil Defense Agency unless otherwise identified on the transmittal reimbursement request. ARTICLE IX- FINANCIAL REPORTS FINANCIAL STATUS REPORT:The Hawaii DoD, OHS shall submit financial reports(Federal Financial Report SF-425)to FEMA within 30 days after the end of each quarter.A final financial report for the grant is due 90 days after the close of the grant. REPORT SUBMISSION:The County of Hawaii, Hawaii County Civil Defense Agency is obligated to submit quarterly reports to the Hawaii DoD, OHS by the 5th day of the month following the end of each quarter. The Quarterly Expenditure and Tracking Workbook provides compliance with the DHS/FEMA reporting requirement. The workbook will provide investments and projects based on the DBW for information related to encumbrances and expending the allocated funds. Providing updates on a 90-day period is important to assess our performance. Semi- Annual and Bi-Annual Strategy Implementation Reports are due to the DHS/FEMA on June 30th and December 315Y. The County of Hawaii, Hawaii County Civil Defense Agency is required to submit changes into the DBW as the changes may have an impact on distribution of funds by program, discipline, and category. ARTICLE X- OTHER Closeout Closeout of the HSGP begins upon receipt.The initial performance period will remain at 24-months.The SAA will evaluate the encumbrance commitment of the County of Hawaii, Hawaii County Civil Defense Agency. If necessary,the FY 2023 Homeland Security Grant Program Page 8 Sub Recipient Award Grant Agreement Articles and Special Conditions The County of Hawaii, Hawaii County Civil Defense Agency HOMELAND SECURITY GRANT PROGRAM SUB RECIPIENT AWARD GRANT AGREEMENT ARTICLES AND SPECIAL CONDITIONS SAA may withdraw from the County of Hawaii, Hawaii County Civil Defense Agency and reallocate funding to another sub recipient that is prepared to move forward on established investment(s)/project(s). For planning purposes,the following closeout information is provided. Changes will be provided in a Grant Adjustment Notice. FY 2023 Homeland Security Grant Program (EMW-2023-SS-00026) Schedule and Significant Dates (*Dates indicated below are based on the SAA two-year period of performance) • Period of Performance:September 1, 2023—August 31, 2025 • Last Encumbrance Date: (Purchase orders, contracts, Pcards must be executed by August 31, 2025) • Last date to submit invoices: (Invoices must be submitted to the Hawaii DoD, OHS by August 31, 2025) • Closeout Expenditure Report: September 1, 2025 • Equipment/Inventory Listing Due:September 1, 2025 • Closeout Progress Report:September 1, 2025 • Return of closeout GAN to the Hawaii DoD, OHS: September 15, 2025 When deemed appropriate and in the best interest to the State,the Hawaii DoD, OHS will request extensions to the grant performance from DHS/FEMA. During the grant period, additional funds may be made available to the County of Hawaii, Hawaii County Civil Defense Agency specifically as the grant is being closed out and time is critical to encumber funds. Conversely,there may be instances where funds are required to support statewide goals and objectives. If such a situation arises and funds are required, no funds will be withdrawn without coordination with The County of Hawaii, Hawaii County Civil Defense Agency. Additional administrative guidance is provided to The County of Hawaii, Hawaii County Civil Defense Agency. In addition to the terms stated in this Grant Agreement Articles and Special Conditions,the County of Hawaii, Hawaii County Civil Defense Agency is obligated to comply with the requirements and procedures detailed in the FY 2023 HSGP Funding Opportunity Announcement. Electronic Signature The use of electronic signature with an audit receipt will be an acceptable alternative to an original signature for all forms and documents utilized by Executive Branch agencies as stated in Chapter 489E, of the Hawaii Revised Statutes (HRS), Uniform Electronic Transactions Act. Attachments: 1. FY 2023 Homeland Security Grant Award 2. FY 2023 Initial Funding Distribution 3. FY 2023 Investment Justifications 4. FY 2023 Detailed Budget Worksheet FY 2023 Homeland Security Grant Program Page 9 Sub Recipient Award Grant Agreement Articles and Special Conditions The County of Hawaii, Hawaii County Civil Defense Agency Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Kenneth Hara Defense, Hawaii Department of 3949 Diamond Head Road Honolulu, HI 96816 -4495 Re: Grant No.EMW-2023-SS-00026 Dear Kenneth Hara: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year(FY) 2023 Homeland Security Grant Program has been approved in the amount of$6,347,500.00. You are not required to match this award with any amount of non-Federal funds. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles (attached to this Award Letter) • Obligating Document(attached to this Award Letter) • FY 2023 Homeland Security Grant Program Notice of Funding Opportunity. • FEMA Preparedness Grants Manual Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please log in to the ND Grants system at https://portal.fema.gov. Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub-menu, and then click the link for"Award Offer Review"tasks. This link will navigate you to Award Packages that are pending review. Step 3: Click the Review Award Package icon (wrench)to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, Unique Entity Identifier(UEI) number, EIN and banking information. Please ensure that the UEI number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http://www.sam.gov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist(GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment process. PAMELA SUSAN WILLIAMS Agreement Articles Fri Sep 01 00:00:00 UTC 2023 U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Homeland Security Grant Program GRANTEE: Defense, Hawaii Department of PROGRAM: Homeland Security Grant Program AGREEMENT NUMBER: EMW-2023-SS-00026-S01 TABLE OF CONTENTS Article I Summary Description of Award Article II HSGP Performance Goal Article III DHS Standard Terms and Conditions Generally Article IV Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article V General Acknowledgements and Assurances Article VI Acknowledgement of Federal Funding from DHS Article VII Activities Conducted Abroad Article VIII Age Discrimination Act of 1975 Article IX Americans with Disabilities Act of 1990 Article X Best Practices for Collection and Use of Personally Identifiable Information Article XI Civil Rights Act of 1964 -Title VI Article XII Civil Rights Act of 1968 Article XIII Copyright Article XIV Debarment and Suspension Article XV Drug-Free Workplace Regulations Article XVI Duplication of Benefits Article XVII Education Amendments of 1972 (Equal Opportunity in Education Act) -Title IX Article XVIII E.O. 14074 -Advancing Effective,Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Article XIX Energy Policy and Conservation Act Article XX False Claims Act and Program Fraud Civil Remedies Article XXI Federal Debt Status Article XXII Federal Leadership on Reducing Text Messaging while Driving Article XXI II Fly America Act of 1974 Article XXIV Hotel and Motel Fire Safety Act of 1990 Article XXV John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article XXVI Limited English Proficiency(Civil Rights Act of 1964 -Title VI) Article XXVII Lobbying Prohibitions Article XXVIII National Environmental Policy Act Article XXIX Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article XXX Non-Supplanting Requirement Article XXXI Notice of Funding Opportunity Requirements Article XXXII Patents and Intellectual Property Rights Article XXXIII Procurement of Recovered Materials Article XXXIV Rehabilitation Act of 1973 Article XXXV Reporting of Matters Related to Recipient Integrity and Performance Article XXXVI Reporting Subawards and Executive Compensation Article XXXVII Required Use of American Iron, Steel, Manufactured Products, and Construction Materials • Article XXXVIII SAFECOM Article XXXIX Terrorist Financing Article XL Trafficking Victims Protection Act of 2000 (TVPA) Article XLI Universal Identifier and System of Award Management Article XLI I USA PATRIOT Act of 2001 Article XLI II Use of DHS Seal, Logo and Flags Article XLIV Whistleblower Protection Act Article XLV Environmental Planning and Historic Preservation (EHP) Review Article XLVI Applicability of DHS Standard Terms and Conditions to Tribes Article XLVII Acceptance of Post Award Changes Article XLVIII Disposition of Equipment Acquired Under the Federal Award Article XLIX Prior Approval for Modification of Approved Budget Article L Indirect Cost Rate Article I -Summary Description of Award The purpose of the FY 2023 HSGP is to 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. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. This HSGP award consists of State Homeland Security Program (SHSP)funding in the amount of$4,847,500 and Urban Area Security Initiative(UASI)funding in the amount of$1,500,000 (Honolulu Area, $1,500,000). These grant programs fund a range of activities, including planning, organization, equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas. Article II -HSGP Performance Goal In addition to the Biannual Strategy Implementation Report(BSIR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability gap associated with this project and identified in the Threat and Hazard Identification and Risk Analysis (THIRA)or Stakeholder Preparedness Review(SPR)or sustains existing capabilities as applicable. The capability gap reduction must be addressed in the Project Description of the BSIR for each project. Article Ill -DHS Standard Terms and Conditions Generally • The Fiscal Year(FY)2023 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2023. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2023 OHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions. Article IV-Assurances,Administrative Requirements, Cost Principles, Representations and Certifications I. OHS financial assistance recipients must complete either the Office of Management and Budget(OMB)Standard Form 424E Assurances Non-Construction Programs, or OMB Standard Form 424D Assurances Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. Ill. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. section 170.315, certify that their policies are in accordance with OMBs guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article V-General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge-and agree to comply with applicable provisions governing OHS access to records, accounts, documents, information, facilities, and staff. • I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. Ill. Recipients must submit timely, complete, and accurate reports to the appropriate OHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities)of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30)days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2)years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homeland Security The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article VI -Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article VII -Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. • Article VIII -Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article IX-Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101-12213),which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article X-Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines 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. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article XI -Civil Rights Act of 1964-Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article XII -Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, P'ub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex(see 42 U.S.C.section 3601 et seq.), as implemented by the U.S. 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. Part 100, Subpart D.) Article XIII -Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 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. Article XIV- Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XV-Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182)of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106). Article XVI - 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 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. Article XVII -Education Amendments of 1972 (Equal Opportunity in Education Act) -Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.),which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. • Article XVIII - E.O. 14074-Advancing Effective,Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local,or territorial law enforcement agencies must comply with the requirements of section 12(c)of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. • Article XIX-Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. section 6201 et seq.),which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XX-False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729-3733,which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements made.) Article XXI - 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.) Article XXII -Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a)of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Article XXIII -Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.)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. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XXIV-Hotel and Motel Fire Safety Act of 1990 Recipients 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 Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a. Article XXV-John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L, No. 115-232 (2018)and 2 C.F.R. • sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute-as it applies to DHS recipients, subrecipients, and their contractors and subcontractors- prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article XXVI -Limited English Proficiency(Civil Rights Act of 1964-Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin,which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency(LEP)to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article XXVII -Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXVIII -National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.)and the Council on Environmental Quality(CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXIX-Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or • supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual OHS programs. Article XXX-Non-Supplanting Requirement Recipients receiving 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. Article XXXI - Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXXII -Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XXXIII -Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXXIV- Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXXV-Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds$10,000,000 for any period of time during the period of performance of this federal award,then the recipients 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. Article XXXVI -Reporting Subawards and Executive Compensation Reporting of first tier subawards: Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXVII -Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients must comply with the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States-this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2)all manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3)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. As such, 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. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below. (a)When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2)the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3)the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part,for an existing waiver described at"Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the Build America, Buy America provisions. Recipients should refer to the Notice of Funding Opportunity for further information_on the Buy America preference and waiver process. Article XXXVIII -SAFECOM Recipients receiving 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. Article XXXIX-Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws 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. Article XL-Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons: Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g)of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference. Article XLI - Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required 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, the full text of which is incorporated here by reference. Article XLII - USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections 175-175c. Article XLIII -Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO 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. Article XLIV-Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310. Article XLV- Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA's EHP process is available on the DHS/FEMA Website. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article XLVI -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 sub-recipients 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. Article XLVII -Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at(866) 927-5646 or via e-mail to:ASK-GMD@fema.dhs.gov if you have any questions. Article XLVIII -Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub- recipients,when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures. Article XLIX-Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f)regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of the total budget FEMA last approved. For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5)to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report(SF-425)you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article L.-Indirect Cost Rate 2 C.F.R. section 200.211(b)(15)requires the terms of the award to include the indirect cost rate for the federal award. If applicable,the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. BUDGET COST CATEGORIES Personnel $410,000.00 Fringe Benefits $212,000.00 Travel $94,500.00 ' Equipment $4,030,100.00 Supplies $20,000.00 Contractual $1,580,900.00 Construction $0.00 Indirect Charges $0.00 Other $0.00 Obligating Document for Award/Amendment la.AGREEMENT NO. 2.AMENDMENT NO. 3. 4.TYPE OF ACTION 5.CONTROL NO. EMW-2023-SS-00026-S01 *** RECIPIENT AWARD WX05650N2023T, NO. WX05652N2023T, 996000896 WX05651N2023T 6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS FEMA Finance Center Defense,Hawaii Department FEMA-GPD 430 Market Street of 400 C Street,SW,3rd floor Winchester,VA 22603 3949 Diamond Head Road Washington,DC 20472-3645 Honolulu,HI,96816-4495 POC: 866-927-5646 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER 8083693524 Central Scheduling and Information Desk Glen Badua Phone: 800-368-6498 Email:Askcsid@dhs.gov 11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 09/11/2023 OF 09/01/2023 08/31/2026 PAYMENT Budget Period PARS 09/01/2023 08/31/2026 1 5.DESCRIPTION OF ACTION a.(Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON- NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM XXXX-XXX-XXXXXX- AWARD THIS AWARD XXXXX-XXXX-XXXX-X ACTION +OR(-) Homeland 97.067 2023-FA-GGO1-P410--4101-D $0.00 $4,847,500.00 $4,847,500.00 See Totals Security Grant Program Homeland 97.067 2023-FA-GG02-P410--4101-D $0.00 $0.00 $0.00 See Totals Security Grant Program Homeland 97.067 2023-FA-GHOI-P410--4101-D $0.00 $1,500,000.00 $1,500,000.00 See Totals Security Grant Program $0.00 $6,347,500.00 $6,347,500.00 $0.00 b.To describe changes other than funding data or financial changes,attach schedule and check here. .. .. . .__ N/A 16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Homeland Security Grant Program recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Mon Sep 11 13:23:14 UTC PAMELA SUSAN WILLIAMS, 2023 ... • FY 2023 Homeland Security...al Program (FMW.2023.33-0002.6) 1MtCM Fundin6 Doshibution RelentIon al Funds and MI/20 Pt., '''''Ziff'' .e, g. ''''' 1314 Omrall HP alleunan Total=5727123 00 gnawing Weds Investments Taal FM. ..'........'.'.d.''''.NP 2.E nt.•n a ng Inle r*en and a me none otwity ne I.Lam 6nfemernanta ComnlaMlen Soft Tamen/Cmwda/ela4•1 vie*left* PromInen and Renitence Security 6.em....., ...... ,ern., '''':::::,,.:747nd .......1.... 1Am...en 3163 415.00 i '".""".".”•'''''' %Mum 5143.423.00 IMeMnAm flaf 42540 Mown...,slas..s. 53,696,613.00 , ... 33,4002 00 .2%5.. ,,5„0,oc, ,,,,0,,. 1 ,,„„„. 5.no.oraoo ,,,o,0„... 5313.003 00 3131.0000 5•72.000.00 .. .... .. ... , • . 7,000 00 33000000 3200.000 00 517.0., 5260,000 00 0.mmnt oFM.. 32.0.000 00 3.0,50.0. 522.000 00 5273.000 00 3.5.0 00 3.040000 3,0 000 00 5103.0.00 IllErl DOM... ... , Cropartreent Par Ude,' M;;;TIM -- — . , ...0.. . .,'... Inginellil MIIIMOMINIMIIIIIIIIIIIIII - - , iliMMENNMENNIk- Woo.. MIIII . 5...... IIMMIIIIIM 1111.111111111 _ •, ....4.0.0 1=1...1.11111.1.11MMEINIII ..MAW 00 5150.000 co ea ma Do W.... 5..... i ,' ....... IIIIIIIIIIIIIIIIIII 1.11111111111111111 ""''''' '''' ''', l''' state,,,,e,„,om,..Na6 513000050 5,000000 520.000 00 o.,..Tyrp..a,p, 3130,300 CO 3,2400 03 375.000 00 $.63.4003 $0405 05 MAIO 00 0„," 3110003 Oa 5.000000 520.000 co OHS HSFC.N.3 5130000.03 SeAcce ao sw,croo Do 000,0,00,.E contn,..„ WV.In 52000000 50000040 52000000 $10,000 00 P.1.1. KU 32.2.000 O. 3,1,00000 3123,000 00 OHS DEL.contriautete LE $uor000 oa 54030000 SKEW 00 OHS COVE Centrbuteto Eel 320.000 00 POO .... 01.134321E•1I comn0He 5160.00205 S4030000 SW.ea Tam.........rank.,..,sa...a......sa......e. 6.0..c000 6....ao.00 .....e.e„,.... Hon*an Ind•Mnte. Mem.a...1dme emal Department Public Safety 3.130.000 00 Am.., S.... *.ft. fm.sance =11.1..t.JF,......a...., abr , r4. .. tip. . t�6 p d 7q� rt „. . p. Federal Emergency Management Agency U.S. Department of Homeland Security FY 2023 HSGP Investment Justification HI - State Submission Joe 4,4 4 ROW 44'T) FOR OFFICIAL USE ONLY , Attachment 3: FY 2023 HSGP HCDA Investment Extract Investment #4 Investment Information - Investment#4 II.A Investment Name: NP 5-Enhancing Community Preparedness and Resilience II.B Investment Type: Community Preparedness& Resilience Investment I. Overview- Investment#4 II.0-What is the funding source for this investment: Funding Source Funding Amount SHSP $190,000.00 II.D-How much of this Investment will be obligated towards Law Enforcement Terrorism Prevention Activities(LETPA): $0.00 II.E-Describe the investment, specifically how it addresses gaps and/or sustainment in the Threat and Hazard Identification Risk Assessment(THIRA)/Stakeholder Preparedness Review(SPR): This investment continue to build and enhacne Community Resilience by systematically Planning, Organizing, Equipping, Training, and Exercising (POETE) Residents and Business response-readiness and provide whole community approach to mitigate, prevent, protect, prepare and respond and Recover from hazards, disasters, and emergencies. Hawaii County greatly depends on leveraging community-based organizational capability.With Hawaii Island being is over 4,000 square miles, Hawaii Island is large enough to fit all the other Hawaii islands/counties. With over 100 communities and subdivisions spread across 9 political districts;with the potential to be impacted by virtual every natural hazard; with the potential to be in a drought, flash flood, activated for a lava flow, have winter blizzard conditions, and be threatened by high surf, it is essential that Whole Community and Community Resilience be at the center of the County of Hawaii Operations Plan. The City and County of Honolulu Department of Emergency Management currently provides the Community Emergency Response Team (CERT)training to enhance the resilience of the community. To further enhance our Community Resilience core capability and further expand on the FY 2023 National Priority#5 Enhancing community preparedness and resilience, the City is proposing to create online threat and hazard awareness training to complement the existing CERT training.With the significant time commitment and in-person attendance required of the public to attend CERT training, the proposed project will reduce barriers for communities. Maui Community Emergency Response Team (CERT)with continued training and response resources to assure the continuity of the CERT volunteer program and improve the program's response capabilities. Funding will be utilize to certify trainers to conduct CERT basic training classes for new community volunteers,which will expand our current response capability. Refresher training and field exercises will also be conducted in order to sustain our current response capability. In addition, funds will also be used to purchase CERT training materials for our remote and geographically isolated communities. FOR OFFICIAL USE ONLY PAGE 12 OF 50 II. Project Management - Investment# 8 II.0-What is the funding source for this investment: Funding Source Funding Amount SHSP $878,000.00 All of the requested funding must be associated with specific projects. Project#2 Project Information - Project# 2 Project Name: HCDA-Response Vehicles Project Description: This project is to address the need for additional fleet vehicles that are mission-ready to respond at a moment's notice. This status requires highly reliable vehicles to accomplish. Hawaii County Civil Defense Agency will procure two(2)each medium or heavy duty, full-size,4X4, quad/crew cab pickup trucks. Both vehicles will have emergency response lights, sirens, and public safety 2-way radio.Vehicles will be used by Hawaii County Civil Defense Agency for both routine operations of Planning, Mitigation, Prevention, and Preparation and for emergency response to hazards, disasters. and emergencies.This project will assure that Civil Defense will quickly and reliably respond to any and all hazards and disasters, anytime, at any location on Hawaii Island when and where required by law to respond. Funding Amount: $878,000.00 Subgrantee: County of Hawaii Grantee Type: Local Jurisdiction/Entity Project Location: 96720 III.A - Project Alignment to Core Capability and Solution Areas - Project# 2 Primary Core Capability: Operational Coordination Capability Building: Build Deployable: Yes Shareable: Yes Solution Area Amount of Proposed Funding Percent of Proposed Funding Planning $.00 0% Organization $.00 0% Equipment $180,000.00 100% Training $.00 0% Exercises $.00 0% Total $180,000.00 100% III.B - Project Baseline and Management- Project#2 Project Management Step: Execute Project Start Date: JANUARY 2024 Project End Date: AUGUST 2024 Does this project require new construction, renovation, retrofitting or modifications of existing structure? No Supports Previous Awarded Investment? No FOR OFFICIAL USE ONLY PAGE 37 OF 50 • ... a• PH 2023 Homeland Security Grant Program (EN1W-2023-S5-00026) County of Hawaii,Hawaii Civil Defense Agency Detailed Budget Worksheet 0.,14mirghhatrha COOT ood Watch 30.atch 4oTraining .I ,Support 2. NP 5-Enhandng Community .3.Generator not attached to trailer NCO/ Whole Community 1 23-5ECLIB1 Preparedness and Resilience .1.1-Ton Vehicle to pull trailer 5.Cornms amateur radi. • Community Resilience $120,000.00 'Establish two if l each HPD once warehousing faciliti..non proposed that. one will be established in east Hawaii,at the Hilo Police Station and the other facility be established in west Hawaii at Kealakehe Police Station. Each facility will consist of indoor and outdoor secure storage elements. The use of insulated 40-foot shipping containers b planned.These containers will be spread apart and situated on concrete slab in each of the two locations.8-to-10-foot commercial chain link fencing verth barbed wire and security gates will be used.Containers will be situated under a roofing , NCO/MCP° 7-Law Enforcements HCPD-La*Enforcement Storage and system to protect from the elements the container,and any gems stored 23-2.1801 1 Warehousing outdoor under cover in the center area.This project will assure that HPD has climate controlled indoor storage space and outdoor secure storage space in both Hilo and Kona areas to better service the department in these high population areas.Any and all maintenance,insurance,power nee., etc.is the responsibility of the County of Hawaii. .0perational Coordination $100,000.00 • . , This project fun.the ability to add one additional special response vehicle to the current single armored personnel carrier vehicle that Hawaii Police Department has to cover over 4,000 square miles.Vehicle will be used by Hawaii Police Department Special Response Team ISRT)to safely respond HCDA-HCPD 7-Law Enforcements HCPD Armored Response vehicle and deploy to rd.e scene where violence is being encountered or has the I 23-20400I potential to be encountered.This inv.tment will assure a higher level of safety when called upon to respond and deploy. On-Scene Security,Protection,and _ Law Enforcement $380,000.00 Hawaii County Civil Defense Agency will procure.°(2)each medium or heavy duty,full-sire,CO,quad/crew cab pickup trudo.Both vehicles will 1 .a.a, a-Emergency aaa,aanse owra,iana CO 13,200Se Vehicles two vehicles/have emergency response lights,sirens,and public safety 7-way radio. comes/access 1 co-1EQ1B1 Operational Coordination $180,000.00 sr....... age... Okfike:I— Aria.mmio: Fr 2013135GB FiCtle Detailed Budget Worksheet I A . •