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Home My WebLink AboutCOM 0081.006 2014-2016William P. Kenoi Mayor Walter K.M. Lau Managing Director DATE: August 31, 2015 hT %U,X1UUf1J .of Puff ni'l CIVIL DEFENSE AGENCY 920 Ululani Street • Hilo, Hawai'i 96720-3958 (808) 935-0031 • Fax (808) 935-6460 TO: Dru Kanuha, Council Chairman and Council Members Darryl J. Oliveira Civil Defense Administrator VIA: Kay Oshiro, Controller g QDc--) FROM: Darryl Oliveira, Civil Defense Administrator/ V RE: NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 12-86, Section 7(1) Name of Grant Program: FY 2015 State Homeland Security Grant Program co p Grantor: Department of Homeland Security, Federal Emergency Management Agency, Preparedness Directorate Grants and Training. County Grantee Department or Agency: Civil Defense Agency Grant No. (IF KNOWN): EMW-2015-SS-00003 Amount of Grant: $760,000.00 Amount of County Match: $0.00 County Revenue & Expenditure Account Numbers: 010-3309.08 / 010-241-5241.74 Grant Period (Commencement & Completion): September 1, 2015 through August 31, 2017 Purpose of Grant: Grant funds are provided to prevent, deter, respond to, and recover from threats and incidents of terrorism; for the purchase of specialized equipment to enhance the capabilities of State and county agencies to prevent and respond to incidents of terrorism but also supports "all hazards" catastrophic preparedness initiatives. Is final report required by grantor? 1�1 Yes ❑ No Notification attached: � Yes ❑ No, because Comm, No, Ref. TO: -- Notification of Grant Award is being filed with an adjustment for an additional $360,0�0.00`'t17E-=2 015 submit a request for an adjustment to the appropriation for the $360,000.00 award. n(D I lawai'i County is an equal opportunity provider and employer Form NGA 09/12 DAVID Y. IGE GOVERNOR Honorable William P. Kenoi Mayor, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Kenoi: STATE OF HAWAII DEPARTMENT OF DEFENSE OFFICE OF THE ADJUTANT GENERAL 3949 DIAMOND HEAD ROAD HONOLULU, HAWAII 96816-4495 August 17, 2015 ARTHUR J.LOGAN MAJOR GENERAL ADJUTANT GENERAL KENNETH S. HARA COLONEL DEPUTY ADJUTANT GENERAL Grant Agreement Articles for the Fiscal Year 2015 Homeland Security Grant Program The State of Hawaii has been awarded the Fiscal Year (FY) 2015 Homeland Security Grant Program (HSGP) funds from the Department of Homeland Security, Federal Emergency Management Agency, Preparedness Directorate Grants and Training. The FY 2015 HSGP funds are provided to prevent, deter, respond to, and recover from threats and incidents of terrorism. The FY 2015 HSGP supports the County of Hawaii in leveraging funding to support the National Preparedness System Initiatives. This grant is a result of congressional funding for the purchase of specialized equipment to enhance the capability of state and county agencies to prevent and respond to incidents of terrorism but also support "all hazards" catastrophic preparedness initiatives. The FY 2015 HSGP funding is distributed by investment and projects. The investment is a "collage" of program and capability reviews submitted by the County of Hawaii during the application period. Attached is a copy of the FY 2015 HSGP Funding Distribution. The FY 2015 HSGP has several updates that are highlighted below: Uniform Guidance 2 Code of Federal Regulation (CFR) Part 200 — the Uniform Guidance had been adopted combining several of the previously published guidance for grants guidance under one cover. The County of Hawaii Grants Management is encouraged to become familiar with the CFR. Performance Period — Department of Homeland Security has increased the performance period from two to three years. However, in the Grant Agreement Articles, the performance period is for two years; if a third year is necessary the circumstances will be weighed and a decision will be made if the third year will be included; if so, an Adjustment Notice will be issued. The third year will not be automatically given without an Adjustment Notice. r Honorable William P. Kenoi August 17, 2015 Page 2 A copy of the investments and projects for the County of Hawaii are attached to the Grant Agreement Articles. While the HSGP funding continues to focus on terrorism, the support for "all -hazards" catastrophic preparedness is encouraged. The County of Hawaii is the recipient of $760,000.00. The grant funds are distributed in the investments and projects as shown with the attached Grant Agreement Articles. The HSGP funds not encumbered prior to December 31, 2016 will be subject to re -prioritization from the County of Hawaii and reallocated to established investments and projects. County of Hawaii FY 2015 Homeland Security Grant Program Investments and Projects Investment Project(s) Funding Improved Cyber Resilience for Hawaii $200,000 County County Emergency Hawaii Count EPower $54000 0 0 0 (3) Power Generation Upgrades (8) Whole Community Hawaii County Whole Community $20,000.00 and Resiliency Program Development Homeland Security Grant Program Allocation $760,000.00 The Department of Defense, Grants Management Office (DoD, GMO) will continue to support the County of Hawaii's participation in training and exercises to improve core capabilities and support in emergency preparedness, prevention, response, and recovery. In addition, the distribution of the FY 2015 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 Implementation Strategy for Homeland Security to more effectively fill the gap between needs and existing capabilities. All funds will be identified in a Detailed Budget Worksheet (DBW) (Attachment 1) and recorded in an Initial Strategy Implementation Plan (ISIP) that identifies expenditures and portrays the use of funds. The DBW will identify the investment and the projects which were agreed upon during the application period. The stratification of the funds into the ISIP will be completed within the 45 -day period allowable by the grant award. Honorable William P. Kenoi August 17, 2015 Page 3 The terms and conditions of the grant programs and the funds being distributed for each investment for the County of Hawaii and programs are in the attached Grant Agreement Articles (Attachment 2). If you agree with the Grant Agreement Articles for the grant programs, please sign both copies and return one set of the Grant Agreement Articles to the DoD, GMO no later than September 11. 2015 and retain the second set for your records. Thank you for your cooperation in expediting this initiative. If you have any questions, please contact Ms. Dolores Cook, DoD, GMO at (808) 733-4205, or email dolorescook@dod.hawaii.gov. Sincerely, ART J. LOGAN M r General Hawaii National Guard Adjutant General Attachments: 1. FY 2015 Detailed Budget Worksheet 2. Grant Agreement Articles FY 2015 HSGP and Funding Distribution FY 2015 Initial Distribution by Investment, Project and Funding FY 2015 Investment Justifications c: Mr. Darryl Oliveira, Hawaii Civil Defense Agency Mr. William Hanson, Hawaii Civil Defense Agency I PREPAREDNESS GRANT PROGRAM FY 2015 HOMELAND SECURITY GRANT PROGRAM DETAILED BUDGET WORKSHEET Investment Project(s) Strategy EHP BSIR No. Agency Investment Title Reference Core Capability Category Description of Purchase Qty Dollars Review Notes/Comments Number 25 2 DIT Improved Cyber Resilience for Cyber Security Program S-15-4EQ2A9 Cyber Security Cyber Security Enhancement Equipment Phase 1 Encryption for rest data (stored data) $ 75,000.00 NO EHP should not be required. Hawaii County Don to collaborate with Jacob to fill in if equipment or software; 25 2 DIT Improved Cyber Resilience for Cyber Security Program S-15-4EQ2A7 Cyber Security Cyber Security Enhancement �P Expand network security event monitoring $ 75,000.00 NO Hawaii County Equipment q ui system Y should be continuation of previous submittal related to network and storage; protection of data; will continue in FY 25 2 DIT Improved Cyber Resilience for Cyber Severity Program S-15-4EQ2A8 Cyber Security Cyber Security Enhancement Server and storage resiliency $ 50,000.00 NO 2016 Hawaii County Equipment 3 3 DWS Hawaii County Emergency Power Generation Upgrades S-15-8EQ1A4 Infrastructure Systems Power Equipment Whisper Watt MQ-200 Mobile Generators on 2- Axle Trailer w! High Capacity Fuel Tank 1 $ 210,000.00 YES Power 3 3 DWS Hawaii County Emergency Power Generation Upgrades S-15-8EQ1A5 Infrastructure Systems Power Equipment Whisper Watt MQ-400 Mobile Generators on 3- Axle Trailer w/ High Capacity Fuel Tank 1 $ 300,000.00 YES Power 3 3 DWS Hawaii County Emergency Power Generation Upgrades S-15-8EQ1A6 Infrastructure Systems Power Equipment Transfer Switches, Cables, and Connectors 1 $ 30,000.00 YES 4 sets of transfer switches, cables, and connectors Power Hawaii County Whole to Fire personnel as Lead Instructor / Instructor. 16 8 HCDA Community Program Whole Community andOT 15-S-7TR1C6 Community Resilience Training Basic CERT Training (BCT) Course 5 $ 13,000.00 NO Incurred expenses to Volunteer CERT member instructors Development Resiliency (fuel/mileage/meals) to be considered for reimbursement. Absorb associated costs for ReCERT into above BCT and Hawaii County Whole SRN as ReCERT is conducted largely on last day of BCT 16 8 HCDA Community Program Whole Community and Community Resilience Training ReCERT Training 5 $ - NO Course, but could occur separate from BCT at times. Development Resiliency Noting here that ReCERT does indeed take lace and 9 P primarily together with BCT. Hawaii County Whole OT to Fire personnel as Lead Instructor/ Instructor for 16 F. HCDA Community Program Whole Community and 15-S-7TR1C7 Community Resilience Training CERT Train-the-Trainer 2 $ 1,000.00 NO CERT TTT Course. Other expenses for CERT TTT may Development Resiliency be refreshments related. No associated costs per se to be submitted for Hawaii County Whole Noting here that as part of the CERT 16 8 HCDA Community Program Whole Community andreimbursement. 15-S-7PL1K1 Community Resilience Planning Quarterly CERT Leadership Meetings 4 $ - NO Program, a Quarterly Leadership Meeting, which is an Development Resiliency important part of the programs strategic approach, occurs and takes place in various parts of the Island. - Submitted a request to county accounting dept. requesting Hawaii County Whole (1) if State requested payment reimbursement can be 1- 16 8 HCDA Community Program Whole Community and 15-S-1 PL1 W4 Community Resilience Organization Service Fees - CERT Coordinator phone 12 $ 360.00 NO year sum versus each month and (2) if a copy of the Development Resiliency y contract for this phone service can be provided for State GMO files. 16 8 HCDA Hawaii County Whole Community Program Whole Community and 15-S-7EQ1C1 Community Resilience PPE CERT Basic Kit (Kit comes with bag, safety vest, 50 $ 1,440.00 NO Separated out as per request. Development Resiliency hardhat _r 16 8 HCDA Hawaii County Whole Community Program Whole Community and 15-S-7EQ1C1 Community Resilience PPE First Aid Supplies 50 $ 500.00 NO Separated out as per request Development Resiliency 16 8 HCDA Hawaii County Whole Community Program Whole Community and 15-S-7EQ1C1 Community Resilience PPE Safety Glasses 50 $ 100.00 NO Separated out as per request. Development Resiliency 16 8 HCDA Hawaii County Whole Community Program Whole Community and 15-S-7EQ1C2 Community Resilience PPE Flashlights 50 $ 600.00 NO Separated out as per request Development Resiliency 16 8 HCDA Hawaii County Whole Community Program Whole Community and 15-S-7PL2D1 Community Resilience Other Equipment Neighborhood Watch signage, 30 $ 1,000.00 NO Separated out as per request. Development Resiliency - 16 8 HCDA Hawaii County Whole Community Program Whole Community and 15-S-7PL2D2 Community Resilience Planning Neighborhood Watch bookletstsupplies Misc. $ 2,000.00 NO Separated out as per request. Development Resiliency TOTAL $ 760,000.00 Grant Agreement Articles Fiscal Year 2015 Homeland Security Grant Program EMW-2015-SS-00003 ARTICLE I — PROGRAM DESCRIPTION The Fiscal Year (FY) 2015 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 Prevention, Mitigation, Response, and Recovery mission areas. Files and information related to the NPS can be found at http://www.fema.gov/library. The County of Hawaii is being awarded $760,000.00 under the FY 2015 HSGP funding. The approved FY 2015 HSGP award and the distribution of the FY 2015 HSGP funds to the County of Hawaii are available at Attachment 1 (FY 2015 HSGP Funding Distribution). The distribution provides understanding of funds retained by state agencies with support used by the county. The distribution table is to ensure that the Grant Agreement Articles clearly identifies the purpose of the funds, responsible agency and the desired benefit. The distribution is to provide intent to ensure the funds are being distributed based on the 80-20 percent. ARTICLE II - AUTHORITIES The Authorizing Authority for the FY 2015 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, 2015, (Public Law 114-4). The CFDA number for FY 2015 HSGP is 97.067. ARTICLE III — PERFORMANCE PERIOD The FY 2015 HSGP funding priorities: 1. Implementing the NPS and a Whole Community approach to Homeland Security and Emergency Management. 2. Building and Sustaining Law Enforcement Terrorism Prevention Capabilities. 3. Support of National areas of improvement identified in the 2015 NPS Report, which includes the following core capabilities: Cybersecurity, Infrastructure Systems, Health and Social Services, Housing and Long-term Vulnerability Reduction. 4. Addressing the gaps identified in the annual State Preparedness Report (SPR) to achieve the targets identified in the Threat and Hazard Identification and Risk Assessment (THIRA) Report. Homeland Security Grant Program Grant Agreement Articles 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. The Performance Period shall be twenty-four (24) months from the effective date of the grant award: September 1, 2015 through August 31, 2017. A 24 -month performance period will be enforced. The County of Hawaii shall not incur costs pertaining to the operations of the program or any related program project or activities beyond past August 31, 2017. The State Administrative Agency (SAA) will determine if the final year of the performance period 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 2015 Implementation Strategy for Hawaii Homeland Security. The County of Hawaii receiving the FY 2015 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, Grants and Training, for approval. 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 2015 investment justifications and projects as shown in Attachment 2 (Initial Distribution by Investment, Project, and Funding) and Attachment 3 (Investment Justifications). 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 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 Department of Defense, Grant Management Office (DoD, GMO). 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 shall be responsible for the costs in excess of the approved budget. Homeland Security Grant Program Grant Agreement Articles 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 by December 31, 2015. 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. The THIRA will allow the comparison and prioritization of risks, vulnerabilities and cascading effects. State 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 State Preparedness Report to the Federal Emergency Management Agency (FEMA), DHS. Environmental Planning and Historic Preservation (EHP). The County of Hawaii must comply with the EHP in accordance with DHS Information Bulletin 271, dated December 5, 2007. 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 must complete and submit appropriate documentation prior to encumbering funds. The DBW provides categorical exempted items and identifies entries requiring a more comprehensive review. National Incident Management System (NIMS). The County of Hawaii is required to be in compliance with the annual NIMS Performance Compliance Objective metrics which will be included with the annual THIRA. Citizen Corps Reporting. Each county and the County of Hawaii must demonstrate support of the whole community engagement. The State Citizen Corps Coordinator must address activities that contribute to and support core capabilities. Property Accountability. The County of Hawaii is required to provide a complete inventory listing for each project in the investment to the DoD, GMO prior to the official closeout of the FY 2015 HSGP. The inventory list should be in compliance with the County of Hawaii Property and Inventory Management Procedures. Changes in inventory such as fair, wear and tear, disposal, transfers, must be annotated on inventory. Annual inventory listings will be provided to the DoD, GMO on September 30th and final inventory listing prior to the closeout of the grant. Monitoring: The County of Hawaii is subject to at least one monitoring of open grant programs annually. Homeland Security Grant Program Grant Agreement Articles Standard Financial Requirements. The County of Hawaii shall comply with all applicable laws and regulations. A non-exclusive list of regulations commonly applicable to FEMA, DHS grants are listed below: • 2 CFR 200 Uniform Guidance 0 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 Note: 2 CFR Part 200 applies to all new FEMA grant awards that are made on or after December 26, 2014. The new regulations will supersede 44 C.F.R. Part 13, and the Office of Management and Budget (OMB) Circulars A-21, A-87, A-89, A-102, A-110, A-122, A-133, and sections of A-50 for all FEMA awards made on or after December 26, 2014. ARTICLE VIII — REQUEST FOR REIMBURSEMENT The method of payment will be by reimbursement. For reimbursements, the appropriate documentation for payment will include a copy of the purchase order/contract and vendor invoice certified "purchases / services received". The County of Hawaii must provide a Certificate of Vendor Compliance with reimbursement documentations. The County of Hawaii should also be registered in the System for Award Management or SAMS and have a Duns and Bradstreet Number (DUNS). The DUNS number must be on file with the DoD, GMO. All reimbursement documents will be submitted to the DoD, GMO with an original signature on the transmittal reimbursement request. Payment will be made to the County of Hawaii unless otherwise identified on the transmittal reimbursement request. Upon receipt of equipment/services, the County of Hawaii will be required to reconcile the advancement prior to requesting subsequent advancement requests. If the quarterly reports are not filed, reimbursements and/or advancements will be delayed or suspended. ARTICLE IX — FINANCIAL REPORTS FINANCIAL STATUS REPORT: The DoD, GMO shall submit financial reports (Federal Financial Report SF -425) to the 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 is obligated to submit quarterly reports to DoD, GMO by the 5th day of the month following the ending of each quarter. The Quarterly Expenditure and Tracking Workbook provides compliance with the FEMA reporting requirement. The workbook will provide the investments, projects based on the DBW for information related to encumbrances and expending the allocated funds. Providing update on a 90 -day period is important to assess our performance. Semi -Annual and Bi -Annual Strategy Implementation Reports are due to the FEMA / DHS on June 30th and December 31St. The County of Hawaii is required to submit changes into the Homeland Security Grant Program Grant Agreement Articles DBW as the changes may have an impact on distribution of funds by program, discipline and category. ARTICLE X - OTHER Close out 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. If necessary, the SAA may withdraw from the County of Hawaii and reallocate funding to another sub recipient that is prepared to move forward on established investment(s)/project(s). For planning purposes the following close out information is provided. Changes will be provided in a Grant Adjustment Notice. no FY 2015 Homeland Security Grant Program Performance Period: September 1, 2015 - August 31, 2018 A 24 -MONTH PERFORMANCE PERIOD WILL BE ENFORCED Federal Award Number: EMW-2015-SS-00003 Encumbrance Date: December 31, 2016 Closeout Period: September 1- November 30, 2017 Last date to submit invoices: October 15, 2017 Closeout expenditure report due: October 15, 2017 Equipment/Inventory listing due: October 30, 2017 Closeout Performance Report: October 30, 2017 Return of Closeout GAN to DoD, GMO: November 30, 2017 BSIR Closeout: TBD Based on original performance period - the dates above will be adjusted based on extensions granted by the SAA When deemed appropriate and in the best interest to the State, the DoD, GMO 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, 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. Additional administrative guidance is provided to the County of Hawaii. In addition to the terms stated in this Grant Agreement Articles, the County of Hawaii is obligated to comply with the requirements and procedures detailed in the FY 2015 HSGP Funding Opportunity Announcement. Homeland Security Grant Program Grant Agreement Articles APPROVED/DISAPPROVED: ARTHUR J GAN Major General Hawaii National Guard Adjutant General 'a A el6-, zr-,s— Date APPROVED AS TO FORM: l MICHAEL VI CENT State of Hawaii Deputy of the Attorney General Homeland Security Grant Program Grant Agreement Articles WILL - m P. KENOI Mayor County of Hawaii AUG 18 2015 Date Award Letter Arthur J. Logan Hawaii Department of Defense 3949 Diamond Head Road Honolulu, HI 96816 Re: Grant No. EMW-2015-SS-00003 Dear Arthur J. Logan: U.S. Department of Homeland Security Washington, D.C. 20472 Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2015 Homeland Security Grant Program has been approved in the amount of $ $6,734,500.00 . 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 2015 Homeland Security Grant Program Funding Opportunity Announcement. 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 go on-line to the ND Grants system at https://portal.fema.gov. After logging in, you will see a subtitle Grants Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award packages. Click the Review Award Package link to review and accept the award package for your award. Please print your award package for your records. Step 2: Please fill out and have your bank complete and sign the SF 1199A, Direct Deposit Sign-up Form. The information on the 1199A must match your SAM record. Be sure to include your DUNS and grant number on the form in Section 1 F "Other." The SF 1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial institution. Please pay careful attention to the instructions on the form. FEMA Finance Center Attn: Vendor Maintenance P.O. Box 9001 Winchester, VA 22604 Secured Fax: (540) 504-2625 Email: FEMA-Finance@FEMA.DHS.gov System for Award Management (SAM): Please ensure that your organization's name, address, DUNS number, EIN, and banking information are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all - 1 - FEMA awards. The System for Award Management is located at http://www.sam.gov. Future payments will be contingent on the information provided in the SAM; therefore it is imperative that the information is correct. - If you have any questions or concerns regarding the process to request your funds, please call (866) 927-5646. BRIAN KAMOIE, GPD Assistant Administrator -2- Agreement Articles 2015-09-01 00:00:00.0 GRANTEE: PROGRAM: AGREEMENT NUMBER: Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Homeland Security Grant Program Hawaii Department of Defense Homeland Security Grant Program E M W -2015-S S -00003-S 01 TABLE OF CONTENTS -3- Summary Description of Award Acknowledgement of Federal Funding from DHS Activities Conducted Abroad Age Discrimination Act of 1975 Americans with Disabilities Act of 1990 Best Practices for Collection and Use of Personally Identifiable Information (PII) Title VI of the Civil Rights Act of 1964 Civil Rights Act of 1968 Copyright Assurances, Administrative Requirements and Cost Principles Debarment and Suspension Drug -Free Workplace Regulations Duplication of Benefits Energy Policy and Conservation Act Reporting Subawards and Executive Compensation False Claims Act and Program Fraud Civil Remedies Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Article XXIII Article XXIV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXII Article XXXIII Article XXXIV Article XXXV Article XXXVI Article XXXVII Article XXXVIII Article I - Summary Description of Award Federal Debt Status Fly America Act of 1974 Hotel and Motel Fire Safety Act of 1990 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Lobbying Prohibitions Non -supplanting Requirement Patents and Intellectual Property Rights Procurement of Recovered Materials Contract Provisions for Non-federal Entity Contracts under Federal Awards SAFECOM Terrorist Financing E.O. 13224 Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) Trafficking Victims Protection Act of 2000 Rehabilitation Act of 1973 System of Award Management and Universal Identifier Requirements USA Patriot Act of 2001 Use of DHS Seal, Logo and Flags Whistleblower Protection Act DHS Specific Acknowledgements and Assurances Disposition of Equipment Acquired Under the Federal Award Prior Approval for Modification of Approved Budget Acceptance of Post Award Changes The purpose of the FY 2015 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 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. 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 $3,734,500 and Urban Areas Security Initiative (UASI) funding in the amount of $3,000,000. Article II - Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article III - Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article IV - Age Discrimination Act of 1975 -4- All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seg.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article V - Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, 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 (42 U.S.C. §§ 12101-12213). Article VI - Best Practices for Collection and Use of Personally Identifiable Information (PII) All recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Article VII - Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 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. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article VIII - Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, 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 (42 U.S.C. § 3601 et seq.), 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). Article IX - Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). Article X - Assurances, Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances – Non -Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative and audit requirements and cost principles that apply to DHS award recipients originate from 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 C.F.R. Part 3002. Article XI - Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Article XII - Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. -5- Article XIII - Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non -Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, • regulations, or the terms and conditions of the Federal awards. Article XIV - Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. Article XV - Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to http://WwW.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at htip://www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://Www.sec.govlanswerslexecomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www. sec. gov/answers/execomp.him.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, And ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to cavy out the project or program (for further explanation, see Sec. _ .210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. -7- 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. Article XVI - False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. Article XVII - 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 and form SF -42413, item number 17 for additional information and guidance. Article XVIII - Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 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 XIX - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all 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 the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. §2225. Article XX - Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) 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. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. 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_aov. Article XXI - Lobbying Prohibitions All recipients must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an 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 concerning the award or renewal. Article XXII - Non -supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Article XXIII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14. Article XXIV - Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. 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, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Article XXV - Contract Provisions for Non-federal Entity Contracts under Federal Awards a. Contracts for more than the simplified acquisition threshold set at $150.000. All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b. Contracts in excess of $10.000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement. Article XXVI - SAFECOM All recipients who receive 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 XXVII - Terrorist Financing E.O. 13224 All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the E.O. and laws. WE Article XXVIII - Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides 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. Implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Article XXIX - Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at 2 CFR § 175.15. Article XXX - Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual 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. These requirements pertain to the provision of benefits or services as well as to employment. Article XXXI - System of Award Management and Universal Identifier Requirements A. Requirement for System of Award Management Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for unique entity identifier If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. C. Definitions For purposes of this award term: 1. System of Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.gov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward: -10- a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. Article XXXII - USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose Article XXXIII - Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval 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 XXXIV - Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article XXXV - DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree—and require any sub -recipients, contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. - 11 - Article XXXVI - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. Article XXXVII - Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/ FEMA last approved. You must report any deviations from your DHS/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 XXXVIII - 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-GMDC&dhs.gov if you have any questions. -12- Obligating Document for Award/Amendment 1a. AGREEMENT NO. 2. 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO. EMW-2015-SS-00003-S01 AMENDMEN1996000896 ACTION W510950N, W510953N NO. AWARD 6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND 8. PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS Financial Services Branch Hawaii Department of Grant Operations 500 C Street, S.W., Room 723 Defense 245 Murray Lane - Building 410, SW Washington DC, 20472 3949 Diamond Head Road Washington DC, 20528-7000 Honolulu, HI, 96816 POC: 866-927-5646 9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER (808) Central Scheduling and Information Desk NAME Dolores Cook 733-4246 Phone: 800-368-6498 XXXX-XXX-XXXXXX- AWARD THIS AWARD Email: Askcsid@dhs.gov ACTION 11. EFFECTIVE DATE OF 12. 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement -4101-D:W510950N 09/01/2015 OF $ 3,734,500.00; 2015 - From: To: Program SL -B211 -P410- -4101- 09/01/2015 08/31/2018 D:W510953N $ PAYMENT 3,000,000.00 TOTALS Budget Period PARS 09/01/2015 08/31/2018 15. 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 2015 -SL -B111 -P410- $0.00 $6,734,500.00 $6,734,500.00 $0.00 Security -4101-D:W510950N Grant $ 3,734,500.00; 2015 - Program SL -B211 -P410- -4101- D:W510953N $ 3,000,000.00 TOTALS $0.00 $6,734,500.00 $6,734,500.00 $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 Arthur J. Logan, Mr 08/11/2015 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE 08/07/2015 f(J Jig,. ANDREA GORDON ,Assistance Officer -13- N NN Z a) a) m c c •` rn a U) A C7 0 000 OO O O O O .. = y O 0 O 0 O O 0 LOLO 0 S 0 0) 7 ++ O N L6 P- L6 O O' O O N M Co O a. O N M CU O U 0 • C c � o c 0 �' c o 0 0 ° c fA Co 3 v a c >, - U 0 C p cac o c y N N N -O 0 C Uo Co :3O L jc M= op c 2 Q3 'D 3: c ? c ? c C O U CD c D Co O U p y +' y c 0 '� O to �- LO y� N 0 U (D0 U C o c -0 3 C C Z t E (D o c c c U L U oO V 0 .r CO O O E O co C `a a O O N 0) �o o V N y� U O L O p 0 Lo C C 3 N c C 7 m C C 7 w O LO O ^c -� a0 O o O LLw LL LL rT. C .y C/1 C .. O CO @ -p C N C j C j C j O Q `. 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E OE Q a) N m c N ° -(D Q C C N E V �Q N N CD E O w C3 O m E � �ro�v � U O U5° ° m a) ' m E W O OU � :a Y C oa i� c a cmu c�'u w N comma m m n m a -c E = D g 2 = _ c!1 Y Y Y Q a) a) a) E N N N y n V y C y y C >� N O W C N C Q c a) tll E O ' M a) " m :a) 2 cD W E - C L ,m O .0 ar �- a Q c O c j E a) W, E o_ C :�E �E:wE m v�,Eoc�aE �_ o o m m N C m .O C a) L n V C C N COT. 3 n' w C C C as O C O 'U 7 O .E C 'O 7 O C ` O U N f�0 C. cu O :Pr-. m0 O c rna c E O IM O= m_ m rna E O p :E �:m O O c a) c rna c tea: c () o''cc a) cmc � .2 w � ocCco 'O °) °) C7 c c U TE U >. U 3 3 ao a a° m m g W W ca cu m m m m o o 2 co 2 Y Y Y Y Y Y 2 Z Investment #2 Investment Information - Investment #2 ILA Investment Name: Cyber Security Program 11.6 Investment Type: Non -Competitive I. Overview - Investment # 2 II.G - What Is the funding source for this investment: Funding Source IFunding Amount SHSP 1$450,000.00 ILD - Is this the consolidated Fusion Center Investment? No ILE - How much of this Investment will be obligated towards Law Enforcement Terrorism Prevention Activities (LETPA): $0.00 ILF - Investment Description: Multiple successful cyber -attacks on Hawaii's critical infrastructure will disrupt commercial business activities, federal, state, county government operations and emergency response and recovery capabilities. There were several successful disruptions in the past year on many systems. Specifically, cyber -attacks on Supervisory Control and Data Acquisition (SCADA) systems that deliver electricity, gas, water and sewage and telecommunication services will have significant, widespread impact on all communities within the state; and cyber -attacks on government networks will cripple central data center operations, communication networks, and core network switches that control critical communications among federal, state and county agencies across the State of Hawaii. Means must be in place to ensure the government and business services with consequent economic losses to the community do not occur; if they do, ensure proper response is quick, efficient and successful. A cyber -attack against the State government's critical infrastructure, for example, has an estimated $1 million negative impact on the State's economy every day such systems are out of service. Therefore, as systematically as possible, with the funding available, protect systems as much as possible to mitigate the situation. The gaps from the THIRA include the need for backup systems for critical data and communication systems are not in place due to limited financial resources. Although important government data is routinely backed up and stored in remote locations, properly configured and equipped computer and communications systems are not available to transmit/transfer and process the data when primary systems are damaged. Although much has been done to build redundancy and alternate routes in the State's communication network, several key single points of failure continue to be issues and require resolution. From a prevention perspective, staffing the Hawaii Fusion Center with cyber -security analysts would greatly enhance in early warning and intelligence collection in advance of any cyber -attack. Government cyber security programs could improve coordination with private sector partners responsible for critical infrastructure, e.g., utilities, communications. Additional resources will help to expand cyber security awareness, technical training, exercise delivery and improved response and forensic investigation capabilities. FOR OFFICIAL USE ONLY PAGE 10 OF 42 II. Project Management - investment # 2 ILC - What is the funding source for this investment: Funding Source IFunding Amount SHSP 1$450,000.00 All of the requested funding must be associated with specific projects. Identify up to thirty projects within this Investment: Project # 1 Project Information - Project # 1 Project Name: Improved Cyber Protection and Resiliency Project Description: Provide cyber resiliency for Maui County Funding Amount: $450,000.00 Subgrantee: County of Maui Grantee Type: Local Jurisdiction / Entity Project Location: 96753 IIIA - Project Alignment to Core Capability and Solution Areas - Project # 1 Primary Core Capability: Cybersecurity Capability Building: Build Deployable: No Shareable: No Solution Area Amount of Propsoed Funding Percent of Proposed Funding Planning $.00 0% Organization $.00 0% Equipment $250,000.00 100% Training $.00 0% Exercises $.00 0% Total $250,000.00 100% 111.13 - Project Baseline and Management - Project # 1 7 Project Management Step: Execute Project Start Date: AUGUST 2015 Project End Date: JULY 2016 Does this project require new construction, renovation, retrofitting or modifications of existing structure? No Supports Previous Awarded Investment? Yes Prior Year Investment Last Completed Milestone 2014 Network and Information Technology upgrade of systems FOR OFFICIAL USE ONLY PAGE 11 OF 42 II. Project Management - Investment # 2 i.%, - wriat is the Tunamg source Tor tnis investment: Funding Source Funding Amount SHSP 1$450,000.00 All of the requested funding must be associated with specific projects. Identify up to thirty projects within this Investment: Project # 2 Project Information - Project # 2 Project Name: Improved Cyber Resilience for Hawaii County Project Description: Support cyber county activities for Hawaii County Funding Amount: $450,000.00 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: Cybersecurity Capability Building: Build Deployable: No Shareable: No Solution Area Amount of Propsoed Funding Percent of Proposed Funding Planning $.00 0% Organization $.00 0% Equipment $200,000.00 100% Training $.00 0% Exercises $.00 0% Total $200,000.00 100% Project Management Step: Execute Project Start Date: AUGUST 2015 Project End Date: AUGUST 2016 Does this project require new construction, renovation, retrofitting or modifications of existing structure? No Supports Previous Awarded Investment? No (End of Investment # 2.) FOR OFFICIAL USE ONLY PAGE 12 OF 42 Investment #3 fInvestment Information - Investment #3 ILA Investment Name: Power Generation Upgrades 11.113 Investment Type: Non -Competitive I. Overview - Investment # 3 LC - What is the funding source for this investment: Funding Source I Funding Amount SHSP $740,000.00 ILD - Is this the consolidated Fusion Center Investment? No ILE - How much of this Investment will be obligated towards Law Enforcement Terrorism Prevention Activities (LETPA): $0.00 111 - Investment Description: The lack of sufficient power in major county shelter facilities is a big gap in each of the counties. Specifics for shelters, meals, mass care, etc., is identified in the FY 2014 THIRA. The Hawaii State Legislature enacted legislation for emergency shelter standards. The latest Recommended Public Hurricane Shelter Criteria was adopted by the State of Hawaii several years ago requiring all emergency evacuation shelters be equipped with emergency back-up power. With changes in the Hawaii State Statutes related to county responsibilities, each county administrator continues to assess emergency evacuation. Hawaii strives to operate a well-informed sheltering system for the general, special health needs and pet -friendly populations. The program is balanced between meeting capacity goals, providing preparedness know-how and developing the capabilities necessary to support the level of care aligned to the evacuee needs. Maui and Hawaii counties have instituted programs to install back up power and transfer switches in key county facilities designated as shelters to increase the shelter capacity for their citizens. These shelters will create a safety net for feeding the general population, but also ensures that the special health needs and pet -friendly populations are properly cared for in the event of a power outage. Emergency backup power will also give special health needs evacuees a sense of well-being in the event of an extended power outage that life sustaining machines would be powered and operable. As identified in the THIRA strengthening the State's infrastructure through personal preparedness and continuity of business resumption is going to be key. With an effective public information program and outreach support, the culture of preparedness for citizens is changing however concentrated effort must continue — limited disasters foster compliance. Working with other programs that provide incentives to personal preparedness and understanding individual surroundings is very critical to the shelter program such as whole community based activities. These aspects will be critical in support of shelter operations / mass care delivery based on the number of support staff that are required to implement an effective shelter program. FOR OFFICIAL USE ONLY PAGE 13 OF 42 II. Project Management - Investment # 3 rn.v- - wriat is ine runamg source for this investment: Funding Source I Funding Amount SHSP 1$740,000.00 All of the requested funding must be associated with specific projects. Identify up to thirty projects within this Investment: Project # 1 Project Information - Project # 1 Project Name: Hannibal Tavares Emergency Generator Project Description: Upgrade power generation to critical infrastructure in Maui County. Funding Amount: $740,000.00 Subgrantee: County of Maui Grantee Type: Local Jurisdiction / Entity Project Location: 96753 IIIA - Project Alignment to Core Capability and Solution Areas - Project # 1 Primary Core Capability: Capability Building: Build Deployable: No Shareable: No Infrastructure Systems Solution Area Amount of Propsoed Funding Percent of Proposed Funding Planning $.00 0% Organization $.00 0% Equipment $100,000.00 100% Training $.00 0% Exercises $.00 0% Total $100,000.00 100% 111.6 - Project Baseline and Management - Project # 1 Project Management Step: Execute Project Start Date: SEPTEMBER 2015 Project End Date: AUGUST 2016 Does this project require new construction, renovation, retrofitting or modifications of existing structure? No Supports Previous Awarded Investment? No FOR OFFICIAL USE ONLY PAGE 14 OF 42 Investment #8 ILA Investment Name: Whole Community and Resiliency 11.13 Investment Type: Non -Competitive ILC - What is the funding source for this investment: Funding Source IFunding Amount SHSP J$100,000.00 ILD - Is this the consolidated Fusion Center Investment? No ILE - How much of this Investment will be obligated towards Law Enforcement Terrorism Prevention Activities (LETPA): $0.00 111 - Investment Description: The community resilience begins with individuals. The State and County Citizen Corps program have been the centerfold for preparedness, however, it is now time to help begin the development of a whole community program. While we talk whole community the citizen corps is only one element -- the whole community needs to bring all these assets/resources under one umbrella. To do so, we will build upon the esprit de corps created through the completion of the State CERT Train the Trainer and Program Manager Classes, stakeholder meetings which provides an opportunity to freely exchange issues, lessons learned and strategies. Continuing with the themes of Tsunami and Storm Ready is the Hawaii Hazards Awareness and Resilience Program to assist core communities build their resiliency. A primary focus is to implement a risk -informed mitigation process designed to improve resilience at every level through community leadership, collaboration, partnership, and education, and recognized. THIRA Core Capability Community Resiliency. Strengthening the whole community planning and preparedness is achieved by regional and statewide collaboration. The community resiliency is promoted though the Hawaii Emergency Preparedness and Homeland Security Workshop and Department of Education Emergency Preparedness Conference. Both conferences will continue to build community resiliency by review and addressing the resource robustness and the adaptive capacity. These statewide workshops and conferences strengthen whole community planning and preparedness by addressing critical issues affecting individual communities or by providing a forum for joint efforts. The themes for the two conferences are designed to provide a platform for providers of essential disaster services to share information, build strategies and forge strong working relationships in order to successfully prepare and recover from natural and manmade hazards. It is also important during these conference opportunities to develop a community-based, holistic, and scalable framework. By providing the local community leaders the tools they can help prepare for a more resilient community. Community planners will be allowed/encouraged to assess their capabilities and make value judgments regarding the functions and resources that matter most to the community. The whole community is another area that can decreased due to the shrinking budgets; to prevent this it will require a commitment to and from the Whole Community. FOR OFFICIAL USE ONLY PAGE 33 OF 42 III. Project Management - Investment # 8 ILC - What is the funding source for this investment: Funding Source lFunding Amount SHSP 1$100,000.00 All of the requested funding must be associated with specific projects. Identify up to thirty projects within this Investment: Project # 1 Project Information - Project # 1 Project Name: Statewide Whole Community Program Development Project Description: Support for whole community program development statewide Funding Amount: $100,000.00 Subgrantee: State Civil Defense Grantee Type: SAA/DTG Project Location: 96816 IIIA - Project Alignment to Core Capability and Solution Areas - Project # 1 Primary Core Capability: Community Resilience Capability Building: Build Deployable: No Shareable: Yes Solution Area Amount of Propsoed Funding Percent of Proposed Funding Planning $20,000.00 100% Organization $.00 0% Equipment $.00 0% Training $.00 0% Exercises $.00 0% Total $20,000.00 100% Project Management Step: Plan Project Start Date: AUGUST 2015 Project End Date: SEPTEMBER 2016 Does this project require new construction, renovation, retrofitting or modifications of existing structure? No Supports Previous Awarded Investment? Yes Prior Year Investment Last Completed Milestone 2013 Community and Citizen Preparedness Planning 2014 Whole Community Resilience - Community and Citizen Preparedness Planning FOR OFFICIAL USE ONLY PAGE 34 OF 42 LC - What is the funding source for this investment: Funding Source I Funding Amount SHSP 1$100,000.00 All of the requested funding must be associated with specific projects. Identify up to thirty projects within this Investment: Project # 2 Project Name: Kauai Whole Community Program Activities Project Description: Provide support to Kauai County for Whole Community development Funding Amount: $100,000.00 Subgrantee: County of Kauai Grantee Type: Local Jurisdiction / Entity Project Location: 96766 Primary Core Capability: Community Resilience Capability Building: Build Deployable: No Shareable: Yes Solution Area Amount of Propsoed Funding Percent of Proposed Funding Planning $20,000.00 100% Organization $.00 0% Equipment $.00 0% Training $.00 0% Exercises $.00 0% Total $20,000.00 100% Project Management Step: Execute Project Start Date: SEPTEMBER 2015 Project End Date: AUGUST 2016 Does this project require new construction, renovation, retrofitting or modifications of existing structure? No Supports Previous Awarded Investment? Yes Prior Year Investment Last Completed Milestone 2013 Community and Citizen Preparedness Program execution 2014 Whole Community Resilience - Community and Citizen Preparedness Program execution FOR OFFICIAL USE ONLY PAGE 35 OF 42 II. Project Management - Investment # 8 LC - What is the funding source for this investment: Funding Source I Funding Amount SHSP 1$100,000.00 All of the requested funding must be associated with specific projects. Identify up to thirty projects within this Investment: Project # 3 Project Information - Project # 3 Project Name: Maui County Whole Community Program Development Project Description: Provide support to Maui County for Whole Community development Funding Amount: $100,000.00 Subgrantee: County of Maui Grantee Type: Local Jurisdiction / Entity Project Location: 96753 III.A - Project Alignment to Core Capability and Solution Areas - Project # 3 Primary Core Capability: Community Resilience Capability Building: Build Deployable: No Shareable: Yes Solution Area Amount of Propsoed Funding Percent of Proposed Funding Planning $20,000.00 100% Organization $.00 0% Equipment $.00 0% Training $.00 0% Exercises $.00 0% Total $20,000.00 100% Project Management Step: Execute Project Start Date: SEPTEMBER 2015 Project End Date: AUGUST 2016 Does this project require new construction, renovation, retrofitting or modifications of existing structure? No Supports Previous Awarded Investment? Yes Prior Year Investment Last Completed Milestone 2013 Community and Citizen Preparedness Program Execution 2014 Whole Community Resilience - Community and Citizen Preparedness Program Execution FOR OFFICIAL USE ONLY PAGE 36 OF 42 I LC - What is the funding source for this investment: Funding Source I Funding Amount SHSP 1$100,000.00 All of the requested funding must be associated with specific projects. Identify up to thirty projects within this Investment: Project # 4 Project Name: City and County Whole Community Program Developmennt Project Description: Provide support to City and County for Whole Community development Funding Amount: $100,000.00 Subgrantee: City and County of Honolulu Grantee Type: Local Jurisdiction / Entity Project Location: 96813 Primary Core Capability: Community Resilience Capability Building: Build Deployable: No Shareable: Yes Solution Area Amount of Propsoed Funding Percent of Proposed Funding Planning $20,000.00 100% Organization $.00 0% Equipment $.00 0% Training $.00 0% Exercises $.00 0% Total $20,000.00 100% Project Management Step: Execute Project Start Date: SEPTEMBER 2015 Project End Date: AUGUST 2016 Does this project require new construction, renovation, retrofitting or modifications of existing structure? No Supports Previous Awarded Investment? Yes Prior Year Investment Last Completed Milestone 2013 Community and Citizen Preparedness Program execution 2014 Whole Community Resilience - Community and Citizen Preparedness Program execution FOR OFFICIAL USE ONLY PAGE 37 OF 42 ® II. Project Management - Investment # 8 LC - What is the funding source for this investment: Funding Source Funding Amount SHSP 1$100,000.00 All of the requested funding must be associated with specific projects. Identify up to thirty projects within this Investment: Project # 5 Project Information - Project # 5 Project Name: Hawaii County Whole Community Program Development Project Description: Provide support to Kauai County for Whole Community development Funding Amount: $100,000.00 Subgrantee: County of Hawaii Grantee Type: Local Jurisdiction / Entity Project Location: 96720 IIIA - Project Alignment to Core Capability and Solution Areas - Project # 5 Primary Core Capability: Community Resilience Capability Building: Build Deployable: No Shareable: Yes Solution Area Amount of Propsoed Funding Percent of Proposed Funding Planning $20,000.00 100% Organization $.00 0% Equipment $.00 0% Training $.00 0% Exercises $.00 0% Total $20,000.00 100% Project Management Step: Execute Project Start Date: SEPTEMBER 2015 Project End Date: AUGUST 2016 Does this project require new construction, renovation, retrofitting or modifications of existing structure? No Supports Previous Awarded Investment? Yes Prior Year Investment Last Completed Milestone 2014 Whole Community Resilience - Community and Citizen Preparedness Program Execution (End of Investment # 8.) FOR OFFICIAL USE ONLY PAGE 38 OF 42