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c. Unless Expressly provided otherwise, all equipment must meet all mandatory regulatory <br />and/or DHS/FEMA adopted standards to be eligible for purchase using federal award <br />funds. <br />d. If funding is allocated to emergency communications, the SUBRECIPIENT must ensure <br />that all projects comply with SAFECOM Guidance on Emergency Communications <br />Grants, located at https://www.cisa qov/safecom/funding, ensuring the investments are <br />compatible, interoperable, resilient, and support national goals and objectives for <br />improving emergency communications. <br />e. Effective August 13, 2020, FEMA recipients and SUBRECIPIENT, as well as their <br />contractors and subcontractors, may not obligate or expend any FEMA award funds to: <br />i. Procure or obtain any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial or essential component <br />o f any system, or as critical technology of any system; <br />ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, <br />o r service that uses covered telecommunications equipment or services as a <br />substantial or essential component of any system, or as critical technology of any <br />system; or <br />iii. Enter into, extend, or renew contracts with entities that use covered <br />telecommunications equipment or services as a substantial or essential component <br />o f any system, or as critical technology as part of any system. <br />This prohibition regarding certain telecommunications and video surveillance services or <br />equipment is mandated by section 889 of the John S. McCain National Defense <br />Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L No. 115-232 (2018). <br />Recipients and SUBRECIPIENTS may use DHS/FEMA grant funding to procure <br />replacement equipment and services impacted by this prohibition, provided the costs are <br />otherwise consistent with the requirements of the Manual and applicable NOFO. <br />Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200 216, covered <br />telecommunications equipment or services means: <br />i. Telecommunications equipment produced by Huawei Technologies Company or <br />ZTE Corporation (or any subsidiary or affiliate of such entities); <br />ii. For the purpose of public safety, security of government facilities, physical security <br />surveillance of critical infrastructure, and other national security purposes, video <br />surveillance and telecommunications equipment produced by Hytera <br />Communications Corporation, Hangzhou Hikvision Digital Technology Company, or <br />Dahua Technology Company (or any subsidiary or affiliate of such entities); <br />iii. Telecommunications or video surveillance services provided by such entities or <br />u sing such equipment; or <br />iv. Telecommunications or video surveillance equipment or services produced or <br />provided by an entity that the Secretary of Defense, in consultation with the Director <br />o f National Intelligence or the Director of the Federal Bureau of Investigation, <br />reasonably believes to be an entity owned or controlled by, or otherwise connected <br />to, the government of a covered foreign country. <br />The SUBRECIPIENT must pass through equipment and trackable assets management <br />requirements that meet or exceed the requirements outlined above to any non-federal entity <br />to which the SUBRECIPIENT makes a subaward under this Agreement. <br />B. DHS FFY23 STANDARD TERMS AND CONDITIONS <br />As a SUBRECIPIENT of HMGP funding, the SUBRECIPIENT shall comply with all applicable <br />FEMA/DHS terms and conditions of the FEMA Award Letter and its associated documents for DHS, <br />which are incorporated in and made a part of this Agreement. <br />Mitigation Project Grant Agreement — REV 8/8/23 Page 11 of 30 City of Everett, D25-042-Revised <br />