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3 <br />that may be used for M&A costs when allocated under this Agreement shall not exceed fivepercent (5%) but may be less. <br />b' Atleasttwenty-fivepercent (25o/o) ofthecombinedHsGPawardallocatedunderSHspandUAS! <br />must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this <br />requirement, the Subrecipient has agreed, at a minimum, to meet the mfFn percentage <br />indicated in the Budgel. lf the Subrecipient anticipates spending less than the indicateo amoJii <br />a budget amendment is required. <br />c. The maximum percentage of the Grant Agreement Amount that may be used for personnel <br />expenses under this Agreement is identified in the Budget. lf the Subrecipient anticipates <br />spending more on personnel costs, an amendment is requ'ired. Additional apirovat steps mayalso be required before the personnel percentage can be increased, <br />lf funding is allocated J9 gmgrgency communications. the Subrecipient must ensure that alt projects <br />comply with SAFECOM Guidance on Granls ensuring the investmentsare compatible, interoperable, resilient, and support nationai goals and objectir/es for improving <br />emergency communications. <br />Prohibitions on Expending Grant or Cooperative Agreement Funds for Cefiain Telecommunications <br />and Video Surveillance Services or Equipment: Effective August 13,2020, OHS/FEMA recipients and <br />subreciPients may not use grant funds under the programslovered by this Manual and provided inFY 2020 or previous years to: <br />a. Procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract toprocure or obtain any equipment, system, or service that uses "covered telecommunications <br />equipment or services" as a substantial or essential component of any system, or as critical <br />technology of any system; or <br />b. Enter into contracts or extend or renew contracts with entities that use "covered <br />telecommunications equipment or services" as a substantial or essenlial component of any <br />system, or as critical technology as part of any system. <br />This prohibition regarding certain telecommunications and video surveillance services or equipment <br />ismandated by section 889 of the John S. McCain National Defense Authorization Acttor Fiicalyear2019 (FY 2019 NDAA), Pub. [. No. 11*232 (2018). Recipienls and subrecipients may useDHS/FEMA grant funding to procure replacement equipment and services impacted ny tfrisprohibition, provided the costs are otherwise consistent'with the requirements of this Manual,applicable appendix to this Manual, and applicable NOFO. DHS/FEMA wiil publish additionalguidance in a subsequent lnformation Bulletin or similar notice. <br />Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services <br />means: <br />a' Telecommunications equipment p_roduced by Huawei Technologies Company or ZTE <br />Corporation, (or any subsidiary or afliliate of such entities); <br />b' For the purpose of public safety, security of Governrient facilities, physical security survEillanceof critical infrastructure, and other national security purposes,- video surveillance and <br />telecommunicatiorrs equlpment produced by Hyteq Communications Corporation, Hangzhou <br />Hikvision Digital Technology Company, or Dahua Technotogy Company (6r any subsidiiry or <br />affiliate of such entities); <br />c. Telecommunications or video surveillance services provided by such entities or using such <br />equipment; or <br />d. Telecommunications or video surveillance equipment or services produced or provided by an <br />entity that the Secretary of Defense, in consultation with the Directbr of Nationaj lntelligenie or <br />the Director of the Federal Bureau of lnvestigation, reasonably believes to be an entity jwned or <br />controlled by, or otherwise connected to, the people's Repubiic of china. <br />DH S.FEMA-HSG P-SHSP.FFY2O Page I of 41 Kittitas, Coung of, E21-082