Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 24

Meeting Date

2026-03-25

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

24

Agency Names

Department Of Information Technology

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-25

New Hampshire

DolT

STATE OF NEW HAMPSHIRE

DEPARTMENT OF INFORMATION TECHNOLOGY

27 Hazen Drive | Concord, NH | 03301

Fax: (603) 271-1516 | TDD: (800) 753-2964

doit.nh.gov

Denis Goulet, Commissioner

20MAR

February 23, 2026

The Honorable Ken Weyler, Chairman

Fiscal Committee of the General Court

State House

Concord, NH 03301

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, NH 03301

REQUESTED ACTION

1) Pursuant to RSA 14:30-a, VI, authorize the Department of Information Technology (DoIT) to

accept and expend $162,312 in State Fiscal Year 2026 (SFY26) from the 2023 Homeland Security

Grant Program funds available from the Department of Safety (DOS) for the funding of

cybersecurity enhancements, effective upon Fiscal Committee and Governor and Council approval

through August 31, 2026. 100% Transfer of Federal Funds.

2) Pursuant to RSA 124:15 and contingent upon approval of Requested Action #1, authorize the

Department of Information Technology (DoIT) to establish Class 046 - Consultants for the purpose

of supporting the cybersecurity enhancements, effective upon Fiscal Committee and Govemor and

Council approval through August 31, 2026. 100% Transfer of Federal Funds.

Funds are to be budgeted in Fiscal Year 2026 in the following account:

01-03-03-030010-NEWXXXX -2026 Homeland Security Grant as follows:

Class-Account Class Description

Current

Budget

FY26

Requested

Action

Revised Budget

FY26

Income

OOD-488523-69 Fed Rev Xfers from Other

Agencies $0 $162,312 $162,312

Totals $0 $162,312 $162,312

Expenditures

038-500177 Technology-Software $ 20,000.00 $ 20,000.00

046-500465 Consultant $0 $142,312.00 $142,312.00

Totals $0 $162,312.00 $162,312.00

'Innovative technologies today for New Hampshire's tomorrow." Page 11

The Honorable Ken Weyler, Chairman

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

February 23, 2026

Page Two

EXPLANATION

The Department of Information Technology requests authorization to accept and expend funds from the

grant agreement with NH Department of Safety noted above using the grant agreement forms attached to

this request, as approved by the Governor and Council on January 28, 2026, Item #94.

This grant agreement aims to strengthen the State's capability to automate and centralize application code

management across the entire lifecycle—from development through deployment to public-facing

production environments. Application security tools, such as Synk Code Security, will be integrated into

the development process to ensure that vulnerable applications are not deployed, reducing the risk of

exploitation by hackers and other adversaries.

Given the increasing frequency of application attacks, such vulnerabilities could result in data breaches or

disruption of critical systems, causing severe service interruptions. The DevSecOps project supports the

State of New Hampshire and associated federal programs in preventing these threats.

Funding must be utilized to advance the mission of the Homeland Security Grant Program at both state and

local levels by identifying and mitigating vulnerabilities, thereby preventing cyber threats and terrorist

organizations from compromising state applications.

Funds will be allocated as follows:

Class 038 - Technology-Software - Statewide application scanning tool for security vulnerabilities and

prevention of applications from being deployed to the public environments until issue is resolved.

Class 046 - Consultant - IT Consultants to integrate and configure software development applications and

training using the software application tool and software development.

In the event that federal funds are no longer available. General Funds will not be requested to support this

program.

Respectfully Submitted,

Denis C. Goulet,

Commissioner/CIO

Department of Information Technology

DG/lmr

"Innovative technologies today for New Hampshire's tomorrow." Page j 2

ROBERT L QUINN

COMMISSIONER

ADM IN-GMU-11-2025-05

^tate of

DEPARTMENT OF SAFEl Y

JAMES H. HAYES BLDG. 33 HAZEN DR.

CONCXJRD, Nil 03305

(603)271-2791

2026

EDDIE EDWARDS

ASSISTANT COMMISSIONER

STEVEN R. LAVOIE

ASSISTANT COMMISSIONER

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

November 24,2025

G&C 94

01/28/2026

Approved

REQUESTED ACTION

Authorize the New Hampshire Depailment of Safety to enter into a grant agreement with NH Department

of Information Technology (VC# 3U850-BOOI) in the amount of SI 62,312 00 for a portion of the 2023

Homeland Security Grant Program. Effective upon Governor and Council approval through August 31,

2026, 100% Federal Funds

Funding is available iu account, HLSJiouijjmcaLGra as follows: SVY2026

02-23-23-231010-22980000-085-588503 - Inter-Ageitcy Transfers out of Federal Funds $162,312.00

EXPLANATION

This grant agreement supports cybersecurity activities aimed at enhancing the state's ability to prevent,

protect against, and respond to teraorist threats. Funding must be used to advance the mission of tlie

Homeland Security Grant Program at botli the local and.state levels, specifically for eligible First Respondcr

organizations conducting cybersecurity training and exercises directly tied to anti-tciTorism efforts.

Witli the approval of the Commissioner of tlie Department of Safety, the State Administrative

Agency (SAA) may reallocate de-obligated grant funds to state and local agencies to further strengthen

program goals and objectives.

In the event tliat federal funds are no longer available, Highway Funds and/or General FuikLs will not be

requested to support this program.

Res(x;ctfiilly submitted.

RotfeiRri„ Qhiimi

Commissioner of Safely

^tate of

KOBHKitQuiNN lnff*lniffilirr nf EDDIEEUWA1U)$

COMMISSIONER OF SAFETY JlmlSS^^PMm STEVEN R LA VOIE

ASSISTANT COMMISSIONERS

DEPARTMENT OF SAFETY

James H. Hayes Safety Building, 33 Hazen Drive, Concord, NH 03305

Te!: (603) 223-3889

Speech/Hearing Impalrad

TOO Accssa Relay NH 1-800-73S-29M

November 13, 2025

Denis Goulet, Commissioner/CIO

Department of Information Technology

27 Hazen Drive

Concord, KH 03303

Re: 2023 Homeland Security Grant Program Award- DevSecOps Cybcrsecurity

Dear Commissioner Goulet,

It is my pleasure to inform you that upon review of your 2023 Homeland Security Grant Application, the NU Department

of Information Technology has been awarded $162J12. This grant award expires on August 31,2026. There are no

guarantees for funding beyond this time frame.

Enclosed also is your federal grant terms and conditions, lobbyitig certification, sub-recipient information reporting form

and acceptance of audit requirement forms. All signature forms must be returned to the Grants Management Bureau

within forty-five (45) days of the date of this letter. In addition, tliis project mtist be implemented within 90 days

following the grant award effective date or be subject to automatic cancellation of the grant. Failure to meet these

requirements may result in a delay in reimbursement or cancellation of your grant award.

Additional information is also available at https;//www.dos.nh.gov/grants We, at the Department of Safety, ltx)k forward

to this opportunity to work diligently with local tirstresponders, public satety officials, and other local and state officials

and agencies to prepare and protect our citizens.

Sincerely,

SKttl^Qjhapauut

Kelly Chapman

Grants Administrator

CC: Fiie

Tammy Holso

i

Signature of Authorized Official Date

Signature of Program Manager/Contact Date

FORM NUMBER G-l (vmion U/2021)

GRANT AGREEMENT

The State of New Hampshire and the Grantee hereby

Mutually agree as follows:

GENERAL PROVISIONS

I, Identification and Definitions.

1.1. State Agency Name:

NH Department of Safety

DivLsiou of State Police

1.2. State Agency Address

33 Nazcn Drive

Concord, NH 03305

1.3, Grantee Name

Department of Information Technology

1.4. Grantee Addre.ss

27 Hazen Drive

Concord, NH 03305

1.5 Grantee Phone #

(603)391-9234

1.6. Account Number

10-22980000-500574

1.7. Completion Date|

8/31/2026

1.8. Grant Limitation

$162,312

1.9. Grant Officer for State Agency

Holly Boisvert

1.10. State Agency Telephone Number

(603) 271-7663

If QrantBe is a municipalisy or village dislrici: "By signing ibis fonn we cci-tJfy tliat wc liavc com plied with nny

public meeting rcc|ttircn)ent for acceptance of Hib grant, including if appitcahie R.SA 31:9S-b."

1.11. Grantee Slgnatnre 1 1.12. Name & Title of Grantee Signor I

Marcellus O'Connor, IT Manager

Grijflfef Signararc.; Name & Title of Grantee Signor 2

Denis Goulet, Comniissioncr

Grantee Signature 3 Name & Title of Grantee Signor 3

Loretta M. Razin. Director of Finance

1.13 Agency.^ifnature(s) 1.14. Name & Title of State Agency Siguor(s)

Amy L. Ncwbury, Director of Administration

1.15. Approval |jy Attorney General (Form, Sub.st:mcc and Execution) (if G & C approval required)

A.ssistaiit Attorney Generai, On: jF- / it

1.16. Approval by Governor and Council (if applicable)

By: On: / /

'L SCOPE OF WORK: In exchange for grant funds provided by the State of New Harnpsiiire,

acting through the Agency idcnti fied in block 1.1 (hereinafter referred to as "the State"), the Grantee

identified in block 1,3 (hereinafter referred to as "the Grantee"), shall pcrforiTi that work identified

and more particxdarly described in the scope of work attached hereto as EXHIBIT B (the scope of

work being hereinafter referred to as "the Project").

4.

4.1

4,2.

5

5 1,

5.2.

5.3.

54

55.

7.

7.1.

7.2

8,1

8.2.

8.3.

9.

9,1

AREA COVERED. Exc«pt (is gtkerwise spccificalty pwvidcd for hcfein, tSe

Granreg Jhall perfomi the Project in, sui with respect to, the State of New

Hanipshire 9.2.

EFTECTIVE DATC: CO.MPlJiTtON OF PROJECl

■fhis Agreement, end all obligations of the parties hereunder, sliall become

effective on the date in block 1.5 or on the date of apptxivaj of tliis Agreement by

t'le Governor and Council of the State of New Hampshire whidiever is later 9.3.

(hereinattcf referred to ai "tlie etfective date").

Except as otherwise specifically provided hcrcui, the Project, including ail leporta 9.4.

required by *Jiis Agreement, sliall he completed in its entirety prior to the dale in

block 1.6 (hereinafter referred to as "t.he Completion Date").

GRANT AMOUhrf: UMITATION ON AMOtJNT: VOdCHERSt PAYMENT.

The Grant Aincimt is identified and more partiSariy descriW in EXHIBIT B,

attacked hereto, 9.5.

The manner of, and schedule of pnyment shall be as set forth in EXHIBIT B.

In accordance with the provisions set fortli in EXIUBTT B, and in consideration 10,

of the satisfisttoty performance of the Project, as determined by the State, end as

limited Iw subparagraph 5.5 of these general provisions, tlx Stale shall llie

Grantee t.He Grant Amount The Stale shall withhold from the amount otherwise

payable to the Grantee wider this subparagraph 5.3 those.sums required, or

petmiUed, to be withheld ptirsuant to N H RSA 80 7 through 7-c,

The payment by the Slate of lire Grant air.ount.shall be tire only, and the complete

paytnenl to the Giantee for all exjicnses, of whatever nature, mcurtod by lire

Grantee in the performance hereof, and shall be the only, and the complete,

eomperrsation to the Grantee lor the Project, lite St^e slwll have no liabilities to tl

the Grantee other than the Grant Amount. >11.

NolwithslaiidiBg anytliing In this Agreement to the contrary, and notwithstanding

unexpected circumstances, in no event shall the totnl ofall (Myment.s authorized, 11 1 I

or actiially made, tercurrder exceed tlte Grant limitation set forth in block 1.8 of 11 1.2

these general provisions, 111.3

COMPUAN'CE BY GRANTBE WffH LAWS AND REGULATIONS In 11.1.4

coniaection with the performance of the Pipject, the Grantee shall ooraply with all 11,2.

statutes, laws regulations, and orders of federal, stale. coui%. or raunicipal

authorities which shall impose any obligatio.es oi duty upon thx Grantee, induding 1121

the acquisition of any and all necessary permits.

Between the F.frcctrve Dale and the date seven (7) years after the Completion Uale

the Gmntee shall.keep detailed accounts of all expenses Incurred in conricchdn

with tire Project, including, but not limited to, cost,s of administration, I s,2.2

transportztion, ir.aiiance, telephone calls, and clerical materials and services.

Such accounts shall be supported by receipts, invowes, bills and other siinitar

documents.

Between the EiTeciive Date and the date seven (7) years after the Completion

Date, at any tune during the 0-antce",r normal business hours, and as often as the 11 2,3

Slate shall demand, the Grantee rfiall make available to the Shate all records

pertaining to matters covered by this.Agreement The Grantee Aal! peimit the 11.2.4

State to audit, examine, aixl reproduce such records, and to make eudius of all

contracts, invoices, niatsrials. payrolls, records of personnel, data (as that term is 12.

hefeinafter defined), and other infomration relating to all matters eovered Iry this 12,1.

Agreement. As used in this paragraph, "Oranles" includes all persons, latural or

fictional, afiiliated with, controlled by, or under common ownership with, the

entity identified as the Grantee in block 1 3 of these general provision.^.

PBjetSONMiL,

The Grantee shall, at its own expense, provide all personnel cecessaiy to pciform

the ihoject The Grantee warrants that all personnel ettgagcd in the Eroject shall 12 2.

be qualified to perform.such Project, and shall be properly licensed and authorized

to perform such Project under all applicable laws.

The Grantee shall not hire, and it shall not permit any subccntractor. subgiantee,

or other person, firm or corpcmtion with whom it i,s engaged in a combined effort 12 3

to penom; the Prefect, to hire any person who has a contractual rcJatioiMhip with

the State, or who is a State ofEccr or employee, elected or appointed

The Grant Officer shall be the representative of the State hereundcr In the event

of any dispute 'icreundcr, (he intcrprctaiion of this Agiecment by the Grant

Officer, and his.'her decision on any dispute, simll be final. 12 4

DATA RETENTK.)NOFDATA. ACCESS.As used in thts.Agreeineir!, the word "data" shall mean all information and things

develojied or obtained duting the per Ibrot mice of. oi acquired or developed by 13.

reason of. fhis Agreement, including, but not limited to, ail studies, reports, fBcs,

fommlae, surveys, maps, diatte, sound recordings, video recordings, pctorial

reproductions, dtawrags, analyses, graphic reptescntalions,

computer programs, compuler pimtouts, notes, Ictteis, memoranda, {laper. and

docuncnts, all whether fimshed or iinfmished.

Between, the Effective Date and the Completion Date the Grantee shall giant to

the State, or any person designated by it, unrestricted access to all data for

examination, duplication, publication, tra,T3lation, sale, disposal, or for any other

purpose whatsoever,

No itota shall be subject to copyt:g.bt in ttie United States or tmy other country by

anyone other than the Slate.

On and after tiie Etfbc'ive Dale, all data and any property which has been received

from the State or purchased with funds provided for tlrat purpose under this

Agreement, shall be the property of the State, and Aall be returned to the State

upon demand or upon tenninalion of this Agretaniat fi* any reason, whichever

shall first occur.

The State, and anyone it shall designate, sitall have imrestrieted aulbonty to

publish, disclose, distribute and otherwise use, m whole or in part, all data.

CONDtTtONAL NATURE OR AGREE.MENT Notwithstanding anyihtng in

this Agreciaent to the contrary, all obi-gations of the State hereunder, mclu.hng,

without limitation, the continuance of paymcnis h.ercundcr, arc contii^er.t upon

the availability or continued appropriation of hinds, and in no event shall the State

be liable for any payments Iwreundei in excess of such available or appropriated

funds. In ihe event of a reduction or termination of those funds, the Slate shall

have the right to withhold payment until such funds become available, if ever, end

shall have the right to te'minale this Agrecmcni immediately upon giving the

Grantee notice of such termination,

EVENT OF DEfAUt.T REMEDIES.

Any one or more of the following acts or omissions of (he Grimtee sliall constitute

an event of default heteunder (hereinafter rsfiurred to as "Events of Default"):

Failure to perform tlic Project satisfactorily or on schedule, or

Failure to submit any report required hereunder; or

Failure to maintain, or permit access to, the records required lietemider; or

Failure to perforoi any af the other covenants and conditions of this Agreement.

Upon the occurrence ofany Event of Defsult, the State may take any one, or more,

or all, of the ibilowing actions:

Give Ihe Grantee a written notice specifying Ihc Event of Defiiull and requiring it

to be remedied within, in the absence of a greater or lesser specification of lime,

thirty (30) days from Ihe date of the notice; and if tlie Event of Default is not

timely remedied, terminate this Agreement, effective two (2) days after giving the

Grantee notice of teimination; and

Otvc the (irantee a written nopce specifying the Event of Defriuit ar.d suspending

all payment to be made under this Agreement and ordering that the portion of the

Grant Amount which would otherwise accrue to the grantee during the period

from the dale of such notice unb'l such time as the State dctertninca that the

Grantee has cured the Event of DcfiiuU shall never be paid to the Grantee; and

Set off against any other obi igatson tlie State may owe to the Grantee any damages

the State suffers by reason of any Event of Default, and

Treat the agreement as breached a->d pursue any of Us ieinedie,s at law or in equity,

or both.

TERMINATTON

Ir. the event of any early termination of this Agreement for any reason other than

the coraplction of Stc fyojcct, Ihe Grantee shall deliver to the Qrant OfTicer, not

later than fifteen (IS) days efter Itie date of termination, a report (hereinafter

tcfcrred to as Ute 'Termination Report") descrftiing in detail all Project Work

performed, «id the Grant Amiaint earned, to and including the date of teimination.

In the event of Termination under paragraphs 10 or 12.4 of the.se general

provisions, the approval of such a fermination Report by the State shall entitle

the Grantee to receive drat portion of the Grant amount earned to a.nd including

the date of lermimition.

fa the event of Termination under paragraphs 10 or 12.4 of these general

provisions, the approval of such a rcrmination Report by the State shall in no

event relieve the Grantee from any and all liability for damages sustained or

incurred by the Stntc as a result of Ihe Grantee's breach of its obligations

hereunder.

Notwithstanding anything in this Agreement to the crmtrary. either the Sratc or,

excqit where notice default has been given to the Grantee hctcundcr, the Grantee

may tcrmirate this Agreemart without cause upon thirty (30) days wtiUen notice

C()NIT..IC1' OF INT&REST. No officer, member of employee of the Grantee,

and iin represcniadve, officer or employee of tlw State of New ITampshire or of

Ihe goveinii^ txxjy of tlie locality or localities ii: which the Project is to be

ixatfortnixi, who exercises any functions or responsibilities in the review or

Page 2 ot 6

14,

IS.

16.

17.

17.1

17.1.1

17.1.2

apptoval of tic uridcrtaking or carrying out of such Project, shall pamcipafe in 17.2,

tiny deciaion relating to this Agreement whioli affects hi-s or her personol rntefcst

or the inlcresl ofany curporation, partnership, or association in which he or she

is directly or indirectly intcrestctl, nor shall he or she have any personal or

pecuniary interest, direct or Indirect, in this Agteeinent w the proceeds thereof.

CtRAMB£'S RELA-nON IQ THE STATE In the performance of this

Agteemcm the Grantee, its employees, and any sidieoiitractot or subgrantee of 11

die Grantee are in all respects independent contractors, and are neidiea agents

nor employees of the State Neither die Grantee nor any of its officers,

employees, agents, inenitiers, subcontractors or subgrantees, shall have authority

to biii the State nor are they entitled to any of the benefits, workmen's

compensation or emoliuner.ts provided by the Stale to its employees.

AS,SIGNMEHT AND SUBCONTRACTS Tiw Grantee sitall not assign, or 19,

Qltierwise transfer any interest in this Agreement withuut the prior wriuen

consent of the State None of the Project Work shall be subcontracted or

subgranted by the Grantee other than as set forth in Exhibit A without the prior

written consent of the State. 20.

INDEMNIFICATION. The Grantee shall defend, indemnify and hold harmless

the Stale, its cfficars aixl employees, from and against any and all losses suE'ered

by the State, its officers and employees, and any and all claims, liabilities or

penalties asserted egaf-ist the State, its officers and employees, by or on behalf 21

of any person, or. accoiml of, baaed on. tesuiting from, arising out of (or which

may be claimed to arise out of) the acts or omissions of the Grarsec or

Subconliactor, or subgrantcc or other agent of the Griintes Nctwithsfanduig the

foregoing, nothing herein contained shall be deemed to oonstituee a waiver of the

sovereign immunity of the Stale, which immunify is hereby reserved to Uie State.

This covenant shall survive the termination of this agreement. 22.

INSURANCE AND BOND.

The Gra.nlec sliall, at ils own expense, obtain and maintain in force, or shall 23.

require any siibconlractcr, sul^raiitee or assigiKe performing Project work to

obtain and maintain in fnree. boA Ibr the beisefit of toe State, the following

insurance:

Statutory workmen's compensation ami employees liability insurancs for alt 24

employees engaged in the performance of the Project, and

Comprehensive public liability insurance <^ainst all claims of bodily mjuncs,

death or property damage, in a-moutus not less than $1,01X1.000 pe: occurrence

arri $2,(X)0,C0O aggregate; and

The policies described in subparagra|xi 17.1 of this paragraph shall be the standard

form employed in the State of New Hampshire, issued by underwriters acceptable

to the Slale, and authorized to do business in the State of Now Hampshire, Each

policy shall contain a clause prohibiting canceilauon or modifioatioii ofthe policy

eaiiier than ten (10) days after written notice thereof has been received by the

Staie.

WAIVER OF BREACH. No failure by the State lo enforce any proviriorj hereof

after any Event of DefeuU shall be deemed a waiver of its rights with regard to

that Event, or any subsequent Evenf No cxprc.4s waiver of any Event of Detault

shall he deemed a svaiver of any provisions hereof No such feiiure of waiver

shall be deemed a waiver of the hght of the.State lo enforce each and all of the

provisions hereof upon any further or other defeult on Ihe part of the Grantee

NOTICE,. Any notice by a party hereto to the other patty Aall be deemed to liave

been duly delivered or given at lire time of mailing by certified mail, postage

prepaid, in a United Stales Post Office addressed to the parties at the addresses

first above given.

AMENDMENT This Agreement may be amended, waived or discharged only

by an inslrumcnl in writing signed by the parties hereto and only after approval of

such amendment, waiver or discharge by tbe Governor and Council of the State

of New Hampshire.

CONSTRUCTION OF AGREEMENT AND TERMS This Agreement shall be

cooslrucd in accordance with ihc law of the State of Now Hampshire, and is

binding upon and mures to the benefit of the parties and tlieir cespeciive aucitessors

and assignees. The captions and contents of the "subject" blank are used only as

a matter of conver.ienct, and are not to be constcered a part of this Agreement or

to be used m determining the intend of the parties hereto

THIRD PARTIES. The putties hereto do not mtend to benefit any third parties

and this Agreement shall not be consbtied to confer any such benefit

ENTIRE.AGREEMENT. This Agrcemeiit, vdiieh may be executed in a number

of countcipaits. each of which shall be deemed an original, constitutes the entire

agreement and understaidir4 between the parties, and supersedes all prior

agreements and understandings relating hereto,

SPRCIAl. PRDVISIGN'.S. The additional or modifying provisions set forth in

Exhibit A hereto are incotponued as part of this agreement

EXHIBIT A

SPECIAL PROVISIONS

i Sub-Grant Total $162,312

Funding Percentage 100%

Federal Award Agtaey Federal Emergency Management Agency, Grants Program Directorate

Award Title & # 2023 Homeland Security Grant Program - EM W-2023-SS-00048

Grant Project Title DevSecOps Cybersecurity

Period of Performance Date of G&C Approval through August 31,2026

Budget Period Date of G&C Approval through August 31,2026

ALN# ALN# 97.067

Sub-Applicant UEl # MJD5TWMNZ6P5

1. Grant expenses must be incurred and paid prior to August 31, 2026. Ail grant

reimbursement requests must be submitted prior to October 30 2026. Only expenses

approved as outlined in Exhibit C may be reimbursed. Reimbursement requests shall meet

all requirements in the DHS Terms and Conditions and Special Conditions.

2. "The Grantee" shall maintain financial records, supporting documents, and all other

pertinent records for a period of 7 years from the last GAN.

3. Per 2 CFR 200 and Subpart F, the organization must submit its most recent audit each fiscal

year to be subject to a risk assessment testing for fiscal practices and capabilities.

4. Per 2 CFR 200 and Subpart F, Non-Federal entities that expend $1,000,000 or more in

federal funds (from all sources including pass-through sub recipient) in the organizational

fiscal year shall have a single organization-wide audit conducted and submitted to Grants

Management Bureau.

5. Equipment; The siibrccipicnt agrees that, when practicable, any equipment purchased with grant

funding shall be prominently marked as follows: "Purchased with funds provided by the U.S.

Department of Homeland Security and the Nil Department of Safety - Grants Management Bureau."

Additionally, when practicable, any equipment purchased with funding under this agreement shall bear

on it the logos of the NH Department of Safety - Grants Management Bureau and U.S. Department of

Homeland Security.

EXHIBIT B

SCOPE OF SERVICES

1. 'llie Department of Safety, (hereinafter referred to as "the State") is awarding the

Departjnent of Information Technology (hereinafter referred to as "the Grantee") $162,312

for the purpose of local first responders statewide for executing anti-terrorism linked

eligible cybersercurity, training, exercises and procuring eligible equipment.

2. "The Grantee" agrees that the project grant period end.s August 31,2026, and that all

expenses must be incurred and paid prior to this date and reimbursement requests

submitted to the Department of Safety, Grants Management Bureau, prior to October 30,

2026.

3. "The Grantee" agrees to comply with all applicable federal and state laws, rules,

regulations, and requirements.

4. "The Grantee" is responsible for the overall direction and assignment of all 2023

Homeland Security grant.

EXHIBIT C

GRANT AMOUNT AND METHOD OF PAYMENT

1. Grant Amount: $162,312

2. Payment Schedule

a. "The Grantee" agrees that the total payment by "the State" under this grant

agreement shall be up to S I 62,312

b. "The State" shall reimburse up to $162,312 to "the Grantee" upon "the

State" receiving appropriate documentation of expended funds (i,e;

copies invoices and proof of payment). This includes, among other

requirements, that costs must be incurred and products and services

must be delivered within the budget period.

FY 2023 DHS Standard Terms and Conditions

TTie Fiscal Year (FY) 2023 DHS Standard Terms and Conditions apply to ail new federal financial assistance

awards funded in FY 2023. These terms ar>d conditions Row down to subredpienfe unless an award term or

condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of

these obligations.

All legislation and digital resources are referenced with no digital links. The FY 2023 DHS Standard Terms

and Condltiona will be housed on dhs.aov at www.dhs.aov/Dublicationifv15-dhs-standard terms-and-

condltions.

A. Assurancee. Adminlatradve Requlrementa. Coat PrtnciPlee. Reoresentatiorw and CeiUficatlons

I. DHS financiai assistance recipients must complete either the Office of

Managatnent and Budget (0M8) Standard Form 424B Assurances — Non-Construction

Programs, or 0MB Standard Fornn 424D Assurances — Construction Programs, as

applicable. Certain assurances in these documents may not be applicable to your program,

and the DHS financial assistance office (DHS FAO) may require applicants to certify

additional assurances. Applicants are required to til! out the assurances as Instructed by

the awarding agency,

II. DHS financial assistance recipients are.required to follow the applicable

provisions of the Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards located at TWa 2, Cede of Federal Ragufations (C.F.R.)

Part 200 and adopted by DHS at 2 C.F.R. Part 3002.

III. By accepting this agreement, recipients, and their executives, as defined in 2

C.F.R. § 170,315, certify that their policies are in accordance with OMB's guidance

located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive •

guidance.

8. General Acknowledgements and Assurances

All recipients, subrecipients, successors, transferees, and assignees must

acknowledge and agree to comply witfi applicable provisions governirtg DHS access to records,

accounts, documents, information, facilities, and staff.

I. Recipients must cooperate with any DHS compliance reviews or compliance

investigations conducted by DHS,

II. Recipients must give DHS access to examine and copy recotds, accounts, and

other documents and sources of information related to tfie federal financiai assistance

award and permit access to facilities or personnel.

III. Recipients must submit timely, complete, and accurate reports to the appropriate

DHS officials and maintain appropriate bad^up documentation to support the reports.

IV. Recipients must comply with all other special reporting, data collection, and

evaluation requirements, as prescribed by law, or detailed in program guidance.

V. Recipients (as defined in 2 C.F.R, Part 200 and including recipients acting as pass-

through entities) of federal financial assistance from DHS or one of its awarding

component agencies must complete the DHS Civil Rights Evaluation Tool within thirty

(30) days of receipt of the Notice of Award for tf>e first award under which this term

aftelfes- Recipients of multiple awards of DHS financial assistance should only submit

one completed tool for their organization, not per award. After the Initial submission,

recipients are required fo complete the tool once every two (2) years if they have an

active award, not every time an award is made. Recipients should submut the oompieted

toot. Including supporting materials, to CivilRiqhtsEvaluationtaha.dhs.aov. This tool

clarifies the civil rights obligations and related reporting requirements contained in the

DHS Standard Terms and

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Conditions. Subrecipients are not required to complete and submit this tool to DHS. The

evaluation tool can be found at httDs://wv^w.dhs.aov/Dublication/dhs-civil-riahts-6valuation-tool.

DHS Civi! Rights Evaluation Tool I Homeland Security

The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension

if the recipient identifies steps and a timeline for completing the • tool. Recipients should request

extensions by emailing the request to CivllRiahtsEvaluation@hQ.dhs.ciov prior to expiration of the 30-

day deadline.

C. Standard Terms & Conditions

i Acknowledgement of Federal Funding from DHS

Recipients must acknowledge their use of federal funding when issuing statements, press

releases, requests for proposal, bid invitations, and other documents describing projects or

programs funded in whole or in part with federal funds.

IL Activities Conducted Abroad

Recipients must ensure that project activities performed outside the United States are coordinated

as necessary with appropriate government authorities and that appropriate licenses, permits, or

approvals are obtained.

IIL Age Discrimination Act of 1975

Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Lawi

94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits

discrimination on the basis of age in any program or activity receiving federal financial assistance.

M Americans with Disabilfties Act of 1990

Recipients must comply with the requirements of Titles I. II, and 111 of the Americans with

Disabilities Act, Pub, L. 101-336 (1990) (codified as amended at 42 U.S.C §§ 12101— 12213),

which prohibits recipients from discriminating on the basis of disability in the operation of public

entitles, public and private transportation systems, places of public accommodation, and certain

testing entities.

\7 Best Practices for Collection and Use Pefsonallv Identifiable Informalion

Recipients who collect personally identifiable Information (Pll) are required to have a publicly

available privacy policy that describes standards on the usage and maintenance of the Pll they

collect, DHS defines Pll as any information that permits the identity of an individual to be directly

or indirectly inferred, including any information that is linked or linkable to that individual.

Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy

Template as useful resources respectively

ML Civil Rights Act of 1964 — Title VI

Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as

amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on

the grounds of race, color, or national origin, tie excluded from participation in, be denied the

benefits of, or be subjected to discrimination under any program or activity receiving federal financial

assistance, DHS Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R.

Part 7.

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VII. Civil Rights Act of 1968

Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as

amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale,

rental, financing, and advertising of dwellings, or in the provision of services in connection

there with, on the basis of race, color, national origin, religion, disability, familial status, and

sex <see 42 U.S.C, § 3601 et seq.), as implemented by the U.S. Department of Housing and

Urban Development at 24 C.F.R. Part 100. The prohibition on disability discnmination

includes the requirement that new multlfamily housing with four or more dwelling units—i.e.,

the public and common use areas and individual apartment units (all units in buildings with

elevators and ground-floor units in buildings without elevators)—be designed and

constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)

yjjij CQpyright

Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an

acknowledgement of U.S. Government sponsorship (Including the award number) to any

work first produced under federal financial assistance awards.

Debarment and Suspension

Recipients are subject to the non-procurement debarment and suspension regulations

Implementing Executive Orders (E.G.) 12549 and 12689, which are at 2 C.F.R. Part 180 as

adopted by DHS at 2 C.F.R. Part 3002, These regulations restrict federal financial

assistance awards, subawards, and contracts with certain parties that are debarred,

suspended, or otherwise excluded from or ineligible for participation in federal assistance

programs or activities.

^ Drug-Free Workplace Regulations

Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C,

if the recipient Is an Individual) of 2 C.F.R. Part 3001, which adopts the Government-wide

implementation (2 C.F.R. Part 182) of Sec, 5152-5158 of the Drug-Free Workplace Act of

1988(41 U.S.C. §§8101-8106).

XI. Dupiicatlon of Benefits

Any cost allocabie to a particular federal financial assistance award provided for in 2 C.F.R.

Part 200, Subpart E may not be charged to other federal financial assistance awards to

overcome fund deficiencies: to avoid restrictions imposed by federal statutes, regulations,

or federal financial assistance award terms and conditions; or for other reasons. However,

these prohibitions would not preclude recipients from shifting costs that are allowable under

two or more awards in accordance with existing federal statutes, regulations, or the federal

financial assistance award terms and conditions may not be diarged to other federal

financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by

federal statutes, regulations, or federal financial assistance award temis and conditions; or

for other reasons,

XII. Educaflon Amendments of t972 (Equal Opportunity in Education Act) — Title IX

Recipients must comply with the requirements of Title IX of the Education Amendments of

1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which

provide that no person in the United States will, on the basis of sex, be excluded from

participation In, be denied the benefits of. or be subjected to discrimination under any

educational program or activity receiving federal financial assistance. DHS implementing

regulations are codified at 6 C.F.R, Part 17 and 44 C.F.R. Part 19.

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XIII. E.O. 14074 — Advancing Effective. Accountable Policing and Criminal Justice Practices to

Enhance Public Trust and Public Safety

Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the

requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law

enforcement agencies are also encouraged to adopt and enforce policies consistent with

E.O. 14074 to support safe and effective policing.

XIV. Enemv Policy and Conservation Act

Recipients must comply with the requirements of the Energy Policy and Conservation Act,

Pub. L. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain

policies re'ating to energy efficie.ncy that are defined in the state energy conservation plan

issued in compliance with this Act

XV. False Claims Act and Program Fraud Civil Remedies

Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729-

3733, which prohibit the submission of false or fraudulent claims for payment to the Federal

Govemment. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for

false claims and statements made.)

XVI. 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 0MB Circular A-129.)

XVII. Federal Leadership on Reducing Text Messaging while Driving

Recipients are encouraged to adopt and enforce policies that ban text messaging while

driving as described in E.O. 13513, including conducting Initiatives described in Section

3(a) of the Order when on official govemment business or when performing any work for or

on behalf of the Federal Govemment.

XVI II. F!v America Act of 1974

Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holdir^g

certificates under 49 U.S.C.) for international air transportation of people and property to

the extent that such sen/ice 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. i

XIX. Hotel and Motel Fire Safety Act of 1990 j

Recipients must ensure that ail conference, meeting, convention, or training space funded in !

whole or in part with federal funds complies with the fire prevention and control guidelines of

Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. § 2226a

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XX. John S McCain National Defense Authorization Act of Fiscal Year 2019

Recipients, subrecipients. and their contractors and subcontractors are subject to ttte

prohibitions described In section 839 of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019, Pub. L. No, 115-232 (2018) and

2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R Part 200. Beginning

August 13, 2020, the statute —• as it applies to DHS recipients, subrecipients, and their

contractors and subcontractors — prohibits obligating or expending federal award funds on

certain telecommunications and video surveillance products and contracting with certain

entities for national security reasons.

XXI. Limited English Proficiency (Civil Rlqnts Act of 1964. Title Vh

Recipients must comply with Title VI of tfie Civil Rights Act of 1964, (42 U.S.C, § 2000d

et seq.) prohibition against discrimination on the basis of national origin, which requires

that recipients of federal financial assistance take reasonable steps to provide

meaningful access to persons with limited English proficiency (LEP) to their programs

and services. For additional assistance and information regarding language access

obligations, please refer to the DHS Recipient Guidance: https:/('www.dh8.aov/quidanc9-

published-hetp-department- supported-organizations-provlde-meaningful-access-people-

limlted and additional resources on httD://www.lep.qov.

XXII. Lobbvinc Prohibitions

Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds

provided under a federal financial assistance award may be expended by the recipient to

pay any person to influence, or attempt to influence an officer or employee of any

agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Memtter of Congress in connection with any federal action related to a federal award or

contract, including any extension, continuation, renewal, amendment, or modiftcation.

XXIII. National Environmental Policy Act

Recipients must comply with the requirements of the Nationa) Environmental Policy Act of

1969, (NEPA) Pub- L. 91 -190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq,

and the Ccaincil on Environmental Quality (CEQ) Regulations for implementing the

Procedural Provisions of NEPA, which require recipients to use all practicable means

within their authority, and consistent with other essential considerations of national policy,

to create and maintain conditions under whidi people and nature can exist in productive

harmony and ftjifill the social, economic, and other needs of present and future

generations of Americans.

XXiV. Nondiscrimination in Matters Pertaining to Faith-Based Organization

It is DHS policy to ensure the equal treatment of faith based organizations in social service

programs administered or supported by DHS or its component agencies, enabling those

organizations to participate in providing important social services to beneficiaries.

Recipients must comply with the equal treatment policies and requirements contained In

6 C.F R. Part 19 and other applicable statues, regulations, and guidance governing the

partidpations of faith- based organizations in individual DHS programs.

XXV. Non SuDDlantina Requirement

Recipients receiving federal financial assistance awards made under programs tbat

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.

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XXVI. Notice of Furidina Opoortunitv Reauirenents

All the instructions, guidance, limitations, and other conditions set forth in the Notice of

Funding Opportunity {NOFO) for this program are incorporated hero by reference in the

award terms and conditions. All recipients must comply with any such requirements set

fortti in the program NOFO,

XXVII. Patents and intellectual Prooertv Rights

Recipients are subject to the Bayh-Dole Act, 36 U.S.C. § 200 et seq. unless otherwise

provided by law Recipients are subject to ttie specific requirements governing the

development, naporting, and disposition of rights to inventions and patents resulting from

federal financial assistance awards located at 37 C.F.R Part 401 and the standard patent

rights clause located at 37 C.F.R. § 401,14.

XXVIII. Procurement of Recovered Materials

States, political subdivisions of states, and their contractors must comply with Section 6002

of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the

Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section

6002 include procuring only items designated in guidelines of the Environmental Protection

Ageni^ (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.

Rehabilitation Act of 1973

Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of

1973, Pub. L. 93-112 (1973), (codifed as amended at 29 U.S.C. § 794,) which provides

that no otherwise qualified handicapped individuals in the United States will, solely by reason

of the handicap, be excluded from participation in, be denied the t)enefits of, or be sutrjected

to discrimination under any program or activity receiving federal financial assistance

XXX Reoortina of Matters Related to Recipient Integrity and Performance

General Reporting Requirements:

If the total value of any currently active grants, cooperative agreements, and procurement

contracts from all federal av/arding agencies e.xceeds $10,000,000 for any period of time

during the period of performance of this federal award, then the recipients must comply with

the requirements set forth in the government-wide Award Term and Condition for Recipient

Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xli, the full text of

which Is incorporated here by reference in the award terms and conditions,

XXXI. Reporting Subawards and Executive Compensation

Reporting of first tier subawards.

Recipients are required to comply with the requirements set forth in the government-wide award

term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix

A, the full text of which is incorporated here by reference in the award terms and conditions.

XXXII. Required Use of American Iron. Steel. Manufactured Products, and Construction Materials

Recipients must comply with the "Build America, Buy America" provisions of the

Infrastructure investment and Jobs Act and E.0.14005. Recipients of an award of Federal

financial assistance from a program for infrastructure are hereby notified that none of the

funds provided under this av/ard may be used for a project for infrastructure unless;

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(1) all iron and steel used In the project are produced In the United Statea-this means all

manufacturing processes, from the initial melting stage through tt» application of coatings, occurred in

the United States;

(2) all manufactured products used in the project are produced in the United States—this

means the manufactured product was manufactured In the United States; and the cost of the

components of the manufactured product that are mined, produced, or manufactured In the

United States is greater than 55 percent of the total cost of ail components of the

manufactured product, unless another standard for determining the minimum amount of

domestic content of the manufactured product has been established under applicable law or

regulation; and

(3) all construction materials are manufectured in tfie United States—this means that all

manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are

consumed in, incorporated Into, or affixed to an infrastructure project. As such, it does not

apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the

construction site and removed at or before the completion of the infrastructure project. Nor

does a Buy America preference apply to equipment and furnishings, such as movable chairs,

desks, and portable computer equipment, that ate used at or within the finished infrastructure

project but are not an integral part of the structure or permanently affixed to the infrastructure

project,

Wan/ers

When necessary, recipients may apply for, and the agency may grant, a waiver from these

requirements. Information on the process for requesting a waiver from these requirements is

on the website below.

(a) When the Federal agency has made a determination that one of the following

exceptions applies, the awarding official may waive the application of the domestic

content procurement preference in any case In which the agency determines friat:

(1) applying the domestic content procurement preference would be inconsistent

with the public interest;

(2) the types of iron, steei, manufactured products, or construction materials are not

produced in the United States in sufficient and reasonably available quantities or of a

satisfactory quality; or

(3) the inclusion of iron, steel, manufactured products, or construction materials

produced in the United States will increase the cost of the overall project by more than

25 percent,

A request to waive the application of the domestic content procurement preference must be In

writing. The agency will provide instructions on the format, contents, and supporting materials

required for any waiver request. Waiver requests are subject to public comment periods of no

less than 15 days and must be reviewed by the Made in America Office,

There may be instances where an award qualifies, in whole or in part, for an existing

waiver described at "Buv America" Preference in FEMA Financial Assistance Programs for

Infrastructure i FEfM.qov,

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The awarding Component may provide specific instructions to Recipients of awards from

infrastructure programs that are subject to the "Build America, Buy America" provisions.

Recipients should refer to the Notice of Funding Opportunity for further information on the

Buy America preference and waiver process.

XXXill SAFECOM

Recipients receiving federd financial assistance awards made under programs that provide

emergency communication equipment and its reiated activities must comply with the

SAFECOM Guidance for Emergency Communication Grants, including provisions on

technical standards that ensure and enhance interoperable communications.

XXXIV. Terrorist Financing

Recipients must comply with E.0.13224 and U.S. laws that prohibit transactions with, and

the provisions of resources and support to, individuals and organizations associated with

terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

XXXV. Trafficking Victims Protection Act of 2000 fTVPAt

Trafficking in Persons.

Recipients must comply with the requirements of the government-wide financial assista.nce

award term which impJements Section 106 (g) of the Trafficking Victims Protection Act of 2000

(TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. §

175.15. the full text of which is incorporated here by reference.

XXXVI. Universal Identifier and System of Award Management

Requirements for System for Award Management and Unique Entity Identifier Recipients

are required to comply with the requirements set forth in the government-wide financial

assistance award term regarding the System for Award Management and Universal

Identifier Requirements located at 2 C.F.R Part 25, Appendix A, the full text of which is

incorporated here by reference.'

XXXVII. USA PATRIOT Act of 2001

Recipients must comply with requirements of Section 817 of the Uniting and

Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct

Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

XXXVIII. Use of DHS Seal, l-ooo and Flags

Recipienis must obtain permission from their DHS FAO prior to using the DFIS seal(s),

logos, crests or reproductions of flags or likenesses of DFiS agency officials, including use of

the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of

Coast Guard officials.

XXXIXI. Whistleblower Protection Act

Recipients must comply with the statutory requirements for whistleblower protections (If

applicable) at 10 U.S.O § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324,41 U.S.C. §§

4304 and 4310.

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1. Allowable Costs: The allowability of costs incurred under any grant shall be determined in

accordance with the general principles of allowability and standards for selected cost items as set forth In

the applicable 2 CFR 200 and the FFY 2023 U.S. Department of Homeland Security, Grant Program

Guidance and Application Kit. The applicant assures that It will comply and all its sub-recipients and

contractors will comply, with the applicable provisions of the U.S. Department of Homeland Security, FFY

2023 Homeland Security Grant Program Guidance and Application Kit, and all other applicable federal laws,

orders, circulars or regulations.

2. Freedom of Infonnaiiort Act (FOIA): FEMA recognizes that much of the information submitted in the

course of applying for funding under this program or provided in the course of Its grant

management activities may be considered law enforcement sensitive or otherwise important to

national security interests. While this information under Federal control is subject to requests made

pursuant to the Freedom of Information Act (FOIA), 5. U S.C, §552, all determinations concerning the

release of information of this nature are made on a case-by-case basis by the FEMA FOIA Office, and

may likely fail within one or more of the available exemptions under the Act. The applicant is

encouraged to consult its own Stale and local laws and regulations regarding the release of

information, which should be considered when reporting sensitive matters In the grant application,

needs assessment and strategic planning process. The applicant may also consult FEMA regarding

concerns or questions about the release of information under State and local laws. The grantee should

be familiar with the regulations governing Sensitive Security Information (49 CFR Part 1520), as it may

provide additional protection to certain classes of homeland security information.

3. Availability of Federal Funds: This grant av/ard is contingent upon availability of federal funds

approved by Congress.

4 Bidding Requirements: The subrecipient must comply with proper competitive bidding procedures as 2

CFR 200.310-316 and 2 CFR 200,317-326. On any items, including those bids in the aggregate,

whose total cost is less than $5,000, the bids do not have to be submitted to the DOS for review and

approval; but adequate documentation must be maintained in the subrecipient's files. On any items.

Including those bids in the aggregate, whose total cost is $5,000 or more, bids must be submitted to

DOS, if requested.

5. In accordance with the Build America, Buy America Act (BABAA), this notice advises that FEMA grants

a general applicability waiver to the Buy America Domestic Content Procurement Preference ("Buy

America preference") for otherwise covered Infrastructure project purchases, totaling up to 5% of the

total applicable project costsi, up to a maximum of $1,000,000 (a de minimis threshold), to reduce the

administrative burden for recipients and subrecipients. Once a Federal financial assistance recipient's

total purchases of materiais otherwise covered by the Buy America preference reach 5% of applicable

project costs or the de minimis threshold of $1,000,000, whichever is lower, all other applicable project

purchases must comply with the Buy America preference. A de minimis waiver ensures that recipients

and Federal agencies make efficient use of limited resources, especially if the cost of processing the

individualized waiver(s) would risk exceeding the value of the Items waived. Guidance outlining the

application of the de minimis waiver is forthcoming. DATES; This waiver is effective upon approval date,

which is March 14, 2023, and will remain In effect for all awards or funding obligated to recipients and

subrecipients of FEMA financial 1 Applicable project costs are defined tor the purpose of this waiver as

material costs subject to the Buy America preference. 2 assistance Infrastructure projects for five years

from the approval date As FEMA develops efficient waiver review capabilities, FEMA will review this

waiver within five years of the date on which the waiver was Issued or more often as appropriate to

determine its continued utility, applicability and relevance with FEMA's missions and goals consistent

with the Infrastructure Investments and Jobs Act (iiJA), and the Office of Management and Budget

(OMB) Memorandum M-22-11, Initial implementation' Guidance on Application of Buy America

Preference in Federal Financial Assistance Programs for Ittfrastructure SUPPLEMENTARY

INFORMATION: I. Build America, Buy America The Build America. Buy America Act (BABAA) was

enacted on November 15, 2021, as pan of the Infrastructure.

investment and Jobs Act (IIJA). Pub. L. 117-58. BABAA establishes a domestic content procurement preference,

the Buy America preference, for federal infrastructure programs. Section 70914(a) of BABAA

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establishes that no later than 180 days after the date of enactment, FEMA must ensure that none of the ftinds

made available for Infrastrucfcire projects may be obligated by FEMA unless it has taken steps to ensure that the

iron, steel, manufactured products, and construction materials used in a project are produced In the United

States. In section 70912, BABAA further defines a project to include "the construction, alteration, maintenance, or

repair of infrastructure in the United States" and includes within the definition of infrastructure those items

traditionally Included along with buildings and real property. II. Waivers Under section 70914(b), FEMA has

authority to waive the application of a domestic content preference wtien (1) application of the preference would

be contran/ to the public 3 interest; (2) the materials and products subject to the preference are not produced in

the United States at a sufficient and reasonably available quantity or satisfactory quality, or (3) inclusion of

domestically produced materials and products would increase the cost of the overall project by more than 25%.

Section 70914(c) provides that a waiver under 70914(b) must be published by the agency with a detailed written

explanation for the proposed determination and provide a public comment period of not less than 15 days.

Information on this waiver may be found on FEMA's website at https;//www.fema,gov/grants/pollcy-guidance/buy-

america. III. Public Interest in a General Applicability Waiver of Buy America Provisions for De Minimis products

FEMA is approving a general applicability waiver to the Buy America preference for otherwise covered

infrastructure project purchases, totaling up to 5% of the total applicable project costs, as referenced in Footnote

1 on Page 1, up to a maximum of $1,000,000. The waiver is being established to reduce the administrative

burden to recipients and subrecipients, which Include smali and disadvantaged communities, where the costs of

compliance with the BABAA requirements could significantly distract from the focus on higher value BABAA

oimpliant items. Without this waiver, awards may be delayed for infrastmcture projects as award recipients must

exert considerable effort accounting for the sourdng of miscellaneous, low-cost items and systematically

undermine the opportunities and benefits to such communities requiring FEMA financial assistance, limiting the

Agency's ability to deliver critical resources equitably and efficiently. The BABAA requirements apply to 23 FEMA

financial assistance programs. To understand the scope of this waiver, FEMA reviewed awards for FY2020 and

determined that under FEMA's Hazard Mitigation Assistance programs (which include FEMA's largest 4 financial

assistance programs subject to BABAA), §1.7 billion in project costs would be subject to BABAA. Of those $1.7

billion, FEMA will waive otherwise covered infrastructure project purchases, totaling up to 5% of the total

applicable project costs, as referenced in Footnote 1 on Page 1 up to a maximum of SI,000,000. These figures

support tfiat a de minimis waiver is appropriate for FEMA programs because it would reduce administrative

burden for smaller projects while still requiring the vast majority of FEMA funding to be subject to the domestic

preference requirements of BABAA. Many of the resources and benefits delivered by these programs support

prqects in coirimunities with limited technical and financial expertise to comply with complex, domestic

preference requirements. Furthermore, FEMA will allocate additional personnel to process project-specific

waivers. A de minimis waiver allows the Agency to dedicate critical personnel to the compliance activities of

higher value BABAA compliant items and strengthen the Agency's ability to successfully Implement the BABAA

requirements. To date, FEMA has taken the actions below to Implement the BABAA requirements: 1.

Promulgated Agency-wide policy: 2, Developed Agency website on BABAA; 3. Ensured Notices of Funding

Opportunity and awards were updated, as appropriate, with applicable terms and conditions; 4, Engaged In Tribal

consultations; 5. EstatJlished process for w/aiver review and routing; 6. Developed outreach strategy plan to

provide guidance and training to FEMA staff and racipients, subrecipients, and stakeholders; and 7. Developed

contract provision and self-certification for recipients and subrecipients to 5 include in their contracts and

subcontracts funded by FEMA federal financial assistance for infrastructure. In addition to the

Page 10 oT 17

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Date: 1.tA3«02s1l.>ate: y/is^zs Date: iy41i5<125

New Hampshire Grant Terms and Conditions 2023

actions above, a de minimis waiver focused on reducing administrative burden on recipients and

subrecipients Is also a key part of FEMA's implementation. iV. Assessment of Cost Advantage of a

Foreign-Sourced Product Under 0MB Memorandum M-22-11, agencies are expected to assess

"whether a significant portion of any cost advantage of a foreign-sourced product is the result of the use

of dumped steel, iron, or manufactured products or the use of injuriously subsidized steel, iron, or

manufactured products" as appropriate before granting a public interest waiver, FEMA has concluded

that this assessment is not applicable to this waiver, as this waiver Is not based on the cost of foreign-

sourced products. FEMA will perform additional market researcft during the duration of the waiver and

consult with International Trade Administration (ITA) to better understand the mar-xet to limit the use of

waivers caused by dumping of foreign-sourced products. V. Limited Duration of Waiver FEMA Is

committed to the successful implementation of the Buy America preference across its programs

providing covered federal financial assistance for infrastructure projects and will move swiftly toward

completing the processes outlined in this notice. This waiver is effective upon approval date, which is

March 14, 2023, and will remain in effect for all awards or funding oDiigated to recipients and

subrecipients of FEMA financial assistance infrastructure projects for five years from the approval date.

As FEMA develops efficient waiver review capabilities, FEMA will review this waiver within five years of

the date on which the waiver 6 was issued or more often as appropriate to determine its continued utility,

applicability and relevance vnth FEMA's missions and goals consistent with the lIJA, and the Office of

Management and Budget (0MB) Memorandum M-22-11, initial Implementation Guidance on Application of

Buy America Preference in Federal Financial Assistance Programs for Infrastructure.

6 Bonding: It is strongly recommended that all officials identified on tnis grant who have authority to

obligate, expend or approve expenditures be bonded for an amount no less than the total amount of

the grant,

7 Closed-Captloning of Public Service Announcements: Any television public service

announcement that is produced or funded in whole or In part by any agency or Instmmentality of the

federal government shall include closed captioning of the verbal content of such announcement

8 Compliance Agreement: The subrecipient agrees to abide by ail Terms and Conditions including

"Special Conditions" placed upon the grant award by DOS. Failure to comply could result in a "Stop

Payment" being placed on the grant.

9 Conflict Of Interest: Per 2 CFR 200 Recipients and subrecipients must disclose in writing to FEMA or its

pass through entity, any potential conflict of interest in the Federal award's llfecycle. Personnel and other

officials connected with this grant shall refer to the advice below but insure that a local policy is In place to

comply generalized paraphrased policy sample herein and given below:

Advice: No official or employee of a state or urtit of local government or of non government

grantees/subrecipients shall participate personally through decision, approval, disapproval,

recommendation, the rendering of advice, investigation, or otherwise in any proceedi.ng, application,

request for a ruling or other determination, contract, grant, cooperative agreement, claim, controversy, or

other particular matter in which these funds are used, where to his knowledge he or his immediate family,

partners, organization other than a public agency in wnich he is senring as officer, director, trustee, partner,

or employee or any person or organization with whom he is negotiating or has any arrangement

concerning prospective employment, has a financia! interest.

Appearance: in the use of these grant funds, offidais or employees of state or local units of govemment and

non-governmental grantees/subrecipients shall avoid any action which might result in, or create the

appearance of the following;

• Using his or her official position for private gain:

■ Giving preferential treatment to any person;

• Losing complete independence or impartiality:

■ Making an official decision outside official channels; and/or

• Adversely affecting the confidence of the public in the integrity of the govemment or the program.

Recipients and subrecipients must disclose, in a timely manner and in writing to FEMA or the pass-through

entity, all violations of Federal criminal law involving fraud, bribery, or gratuity potentially affecting the

Federal award.

10. Consultants: Billings for consultants who are individuals must include at a minimum: a description of

services; dates of services: numt)er of hours for services performed; rate diarged for services; and, the total cost

of services performed. Individual consultant costs must be within the prevailing rates, not to exceed the

Initials '4 initials: ^2 Initials:

Date: IJ/t i^2j Date:

New Hamoshire Gran t Terms and Conditions 2023

maximum of $650.00 per day. Permission for costs that exceed $650 per day in total will need to be

granted by DOS who must seek approval for DHS/FEMA for an increased rate.

11 Continuation: The applicant agrees that if the requested project is funded continuation is not

guaranteed.

12.Contract Requirements: The applicant agrees that no contract or agreement may be entered into by the

subrecipient for execution of project activities or provision for services to a sub grant project (other than the

purchase of supplies or standard commercial or maintenance services) which is not incorporated in the

approved application. Any such arrangements will provide that the subreclpient will retain ultimate control

and responsibility for the project and that the contractor will be bound by these conditions as well as the

sub recipient.

13. Constr uction Projects: NSGP Program is effectively considered a non-construction program.

Howe ver, subrecipie nts using funds for ancillary construction projects/work must comply with the

Davis-Bacon Act (40 U.S.C. 3141 et seq.). Grant recipients must ensure that their contractors or

subcont ractors for construction projects pay workers employed directly at the work-s ite no less than the

prevaili ng wages and fringe benefits paid on projects of a similar cha racter. Additional lnformatron,

includ ing Department of Labor (DOL) wage determination. is available from the following website:

httb://www.wdo l gay. Data Collection: The recipient agrees to cooperate with any assessments, national

evaluation efforts, or information or data collection requests, including, but not limited to, the provision of

any information required for the assessment or evaluation of any activities within this agreement.

14. Deobligation of Grant Funds: All grants must be deobliga ted at the end of the end of the grant period.

Failure to deobligate the grant in a timely manner will result in an automatic deobligat ion of the grant

by DOS.

15. DiscloswTJ of Federal Parlicipation: In compl iance with Section 623 of Public Law 102-141, the

subrecipient agrees that no amount of this award shall be used to finance the acquis ition of goods and

services (including construction services) for the project unless the subrecipient agrees to the

following:

• Specifies in any announcement of the awarding of the contract for the procurement of the goods and

services involved (including construction services) the amount offederal funds that will be used to

finance the acquisition and

• Expresses the amount announced pursuant to paragraph (a) as a percentage of the total cost of the

planned acquisition.

The above requirements only apply lo a procurement for goods or services (including construction

services) that has an aggregate value of $500,000 or more.

16. Equipment: The subrecipient agrees that, when practicable. any equipment purchased with grant

funding shall be prominently marked as follows: "Purchased with funds provided by the U.S.

Department of Homeland Security and the NH Department of Safety - Grants Management Unit."

Additiona lly, when practicable, any equipment purchased with funding under this agreement shall bear

on it the logos of the NH Department of Safety - Grants Management Unit and U.S. Department of

Homeland Security.

17. Financial Responsibility: The financial responsibility of subrecipients must be such that the subrecipient can

properly discharge the public trust which accompanies the authority to expend public funds, Adequate

accounting systems should meet the following criteria:

• Accounting records should provide information needed to adequately identify the receipt of funds

under each grant awarded and the expenditure of funds for each grant;

• Entries in accounting records should refer to subsidiary records and/or documentation which

support the entiy and which can be readily localed;

• The accounting system should provide accurate and current financial reporting information; and,

• The accounting system should be integrated with an adequate system of internal controls to

safeguard the funds and assets covered, check the accuracy and reliability of accounting data,

promote operational efficiency and encourage adherence to prescribed management policies.

18. interest and Other Program Income: The applicant agrees to be accountable for all interest or other

income earned by the subrecipient with respect to sub grant funds or as a result of conduct of the

project (sale of publications, registration fees, service char ges, etc.) All program income generated by

Page12 ofl7

New Hampshire Grant Terms and Conditions 2023

19. this grant during the project must be reported to DOS quarterly and must be put back into the project

or be used to reduce the grantor participation in the program. The use or planned use of all program

income must have prior written approval from DOS.

20. Interoperable Equipment.-Grantee is responsible for all license requirements resulting from a

potential grant. Equipment must meet DHS/FEMA recommended P-25 compatible standards

21. Loga/ Action: The subreclplent agrees that should the NH Department of Safety - Grants Management

Unit determine that it needs to take legal action against the subrecipient for actions arising out of the

grant, the subrecipient wil l waive jurisdiction and have the case heard in either state or federal court in

Concord, New Hampshire.

22. Obligation of Grant Funds: Grant funds may not be obrigated prior to the effective date of the

approved grant award and without advance written approval by DOS. No obligations are allowed after

the end of the grant period and the final request for payment must be submitted no later than 30

calenda r days before the end of the grant period.

25. Performance: This grant may be terminated or fund payments discontinued by DOS where it finds a

substantial failure to comply with the provisions of the legislation governing these funds or regulations

promulgated, including those grant conditions or other obligations established by DOS. In the event the

subrecipient fails to perfonn the services described herein and has previously received financial

assistance from DOS, the subrecipient shall reimburse DOS the full amount of the payments made.

However, if the services described herein are partially performed, and the subrecipient has previously

received financial assistance, the subrecipient shall proportionally reimburse DOS for payments made.

26. Property Control: Effective control and accountability must be maintained for all personal property.

Subrecipients must adequately safeguard all such property and must assure that it is used solely for

authorized purposes. Subrecipients should exercise caution in the use, maintenance, protect ion and

preservation of such property. Subrecip ients agree to follow the term s of 2 CFR 200.317 - 200.326:

In part this includes the following long term obligation (paraphrased here for outline purposes only but

not meant to be a substitute for understanding and applying the 2 CRF 200.310-200.316):

Manag ement requirements. Procedures for managing equipment (including replacement equipment),

whether acquired in whole or in part with grant funds, until disposition takes place will, as a minimum,

meet the following requirements:

(1) Property records must be maintained that include a description of the property, a serial number or

other identification number, the source of property, who holds title, the acquisition date, and cost of Ille

property. percentage of Federal participation In the cost of the property, the location, use and condition

of the property, and any ultimate disposition data including the date of disposal and sale price of the

property.

2) A physical Inventory of the property must be taken and the results reconciled with the property

records at least once every two years.

(3) A control system must be developed to ensure adequate safeguards to prevent:oss, damage, or

theft of the property. Any loss, damage, or theft shall be investigated.

(4) Adeq uate maintena nce procedures must be developed to keep the property in good condition.

{5) If the grantee or subrecipient is authorized or required to sell the property, proper sales procedu res

mus t be established to ensure the highest possible return.

Disposit ion. Must be repor ted to Grants Management and completed in accordance with 2 CFR 200.

In cases where a grantee or subrecipient fails to take appropriate disposition actions, the awardi ng

agency may direct the grantee or

subrecipient to take excess and disposition actions.

Federa l equipment. In the event a grantee or subrecipient is provided federally -owned equipment:

(1) Title will remain vested in the Federal Government.

(2) Grantees or subrecipients will manage the equipment in accordance with Federal agency rules and

procedures, and submit an annual inventory listing.

(3) When the equipment is no longer needed. the grantee or subrecipient will request disposition

instructions from the Federal agency.

Right to transfer titfe. The Federal awarding agency may reserve the right to transfer title to the Federal

Government or a third part named by the awarding agency when such a third party is otherwise eligible

under existing statutes. Such transfers shall be subject to the following standards:

(1) The property shall be identified in the grant or otherwise made known to the grantee in writing.

Page! 3 of 17

!nitials: ~.!JJ nitials: ~ij7:·~, Initials: tt,·:.;Jffl.

Date: 11/131202510ate: ~Date: 11faJ~.Q25_

New Hampshire Grant Terms and Conditions 2023

(2) The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end

of the Federal support of the project for which it was acquired. If tfie Federal awarding agency fails to issue

disposition instructions within the 120 calendar-day period the grantee shaii follow 2 CFR 20C.

<3) When title to equipment is transferred, the grantee shall be paid an amount calculated by applying the

percentage of participation in the purchase to the current fair market value of the property. Right to transfer

title. The Federal awarding agency may reserve the right to transfer title to the Federal Government or a

third part named by the awarding agency when such a third party is otherwise eiigible under existing

statutes. Such transfers shall be subject to the following standards:

(1) The properly shall be identified in the grant or otherwise made known to the grantee in

writing,

(2) The Federal awarding agency shall issue disposition instruction within 120 calendar days

after the end of the Federal support of the project for which it was acquired. If the Federal awarding agency

fails to issue disposition instmctions within the 120 calendar-day period the grantee shalt follow 2 CFR 200

(3) When title to equipment is transferred, the grantee shall be paid an amount calculated by

applying the percentage of participation in the purchase to the current fair market value of the property.

25. Rocords: The applicant will give the grantor agency or the DHS or t.he Office of the Inspector

General, through any authorized representative, the access to and the right to examine all records,

books, papers or documents related to the grant.

27. Recording and Documentation of Receipts and Fxpenditures: Subrecipienfs accounting

procedures must provide for accurate and timely recording of receipt of funds by source of

expenditures made from such funds and unexpended balances. These records must contain

information pertaining to grant awards, obligations, unobligated balances, assets, liabilities,

expenditures and program income. Controls must be established which are adequate to ensure

that expenditures charged to the sub grant activities are for allowable purposes. Additionally,

effective control and accountability must be maintained for all grant cash, real and personal

property and other assets. Accounting records must be supported by such source documentation

as cancelled checks, paid bills, payrolls, lime and attendance records, contract documents, grant

award documents, etc.

20. Reports: The subredpient shall submit, at such times and in such form as may be prescribed, such,

reports as DOS may reasonably require, including financial reports, progress reports, final financial

reports and evaluation reports.

29. Final and fiscal c/ose-ouf Report: The report is in addition to the cumulative progress reports and is also

due 30 days after the end of the grant period.

30. Retention of Rocords: Records for non-expendable property purchased totally or partially with

grantor funds must be retained for three years after its final disposition. All other pertinent grant

records including financial records, supporting documents and statistical records shall be retained

for a minimum of three years after the final expenditure report. However, if any litigation, claim or

audit Is started before the expiration of the three year period, then records must be retained for

three years after the litigation, claim or audit is resolved. Re: Property records see as previously

noted int his section: Subrecipients agree to follow the terms of 2 CFR 200.317 — 200.326. In part

this includes the following long term obligation {paraphrased here for outline purposes only but not

meant to be a substitute for understanding and applying the 2 CRF 200.310-200.316):

31. Suspension or Terminatm of Funding: DOS may suspend, in whole or in part, and/or terminate

funding for or impose another sanction on a subrecipient for any of the following reasons:

• Failure to comply substantially with requirements or statutory objectives of the 2003 Omnibus

Appropriations Act issued there under, or other provisions of Federal Law;

• Failure to adhere 1o the requirements, standard conditions or special conditions;

• Proposing or implementing substantial program changes to the extent that, if originally submitted,

the application would not have been approved for funding;

• Failure to submit reports;

« Filing a false certification in this application or other report or document;

• Other good cause shown.

32. Utilization and Payment of Grant Funds: Funds awarded are to be expended only for purposes and

activities covered by the subrecipient's approved project plan and budget. Items must be in the

subrecipienfs approved grant budget in order to be eligible for reimbursement.

Page 14 of " 17

Initials:!#'latmliats: WMl Initmlsrfpf^Date: ti/l3g025 Spate; i Date:

New Hampshire Grant Terms and Conditions 2023

33. Utilization of Minority Busmosses: Subrecipients are encouraged to utilize qualified minority firms

where cost and performance of major contract work will not conflict with funding or time schedules.

34. Written Approval of Cttanges: Any mutually agreed upon changes to this sub grant must bie

approved, in writing, by DOS prior to implementation or obligation and shall be incorporated In

written amendments to this grant. This procedure for changes to the approved sub grant is not

limited to budgetary changes, but also includes changes of substance In project activities and

changes in the project director or key professional personnel identified in the approved application.

As a condition of the receipt of these funds:

Funding may be suspended or terminated for filing a false certi^cation in this application or oOier reports or

document as part of this program.

Tracking of Equipment:

Upkeep, maintenance, and training of and for equipment procured as part of the Homeland Security

Grant Program is a local and/or grantee responsibility. The inventory of this equipment is a local

responsibility and the recipient of such understands that inspections, auditing, and inventory

accounting of this equipment may occur as a condition of this grant either from Federal, State or

other appropriate level agency and agent.

Equipment valued over $5.000:

To comply with 0MB 2 CFR 200 equipment valued at this level must inventoried and tracked locally and be

reported to the State Department of Safety (DOS) — Grants Management Unit for 2 years or until the item

carries a depreciated value of less than $250. The disposition of the equipment must be reported.

DOS recommends consulting with local auditor's compliance and disposition rules governing

equipment procured with Federal funds.

Certification by Official Authorized to Sign

I certify that! understand and agree to comply with the general and fiscal provisions of this

grant application including the terms and conditions; to comply with provisions of the

regulations governing these funds and all other federal and state laws; that all information

presented is correct; that there has been appropriate coordination with affected agencies; that i

am duly authorized by the Applicant to perform the tasks of the Official Authorized to Sign as

they relate to the requirements of this grant application; that costs incurred prior to Grantee

approval may result in the expenditures being absorbed by the subrecipient; and, that the

receipt of these grant funds through the Grantee will not supplant state or local funds.

CERTIFICATION; 1 CERTIFY THAT I AM DULY AUTHORIZED UNDER THE STATUTES OF THE

STATE OF NH TO APPLY FOR, AUTHORIZE, OR ACCEPT THE HOMELAND SECURITY GRANT

FUNDS / EQUIPMENT HEREIN. ""THE AUTHORIZING OFFICIAL MUST BE STATUTORILY

ALLOWED TO SIGN A CONTRACT FOR THE MUNICIPALITY (i.e. Mayor, City Manager, Town

Manager, Chairperson BOS, etc.) PER RSA 31:95b or RSA 37:6

Non-Supplanting Certification; This certification, which is a required component of the New

Hampshire application, affirms that federal Homeland Security grant funds will be used to supplement

(add to) existing funds, and will not supplant (replace) funds that have been locally appropriated for

the same purpose. Potential supplanting will be addressed in the application review as well as in the

pre-award review, post award monitoring, and the audit, DHS/FEMA i.B. 379 allows are as wall as FP-

205 402-125-1 which apply to maintenance and sustainment of grant or in some oases non- grant

acquired capabilities with specific definitions. Applicants and/or grantees will be/may be required to

supply documentation certifying that a reduction in non-federal resources occurred for reasons OTHER

than the receipt or expected receipt of federal Homeland Security grant funds. Supplanting funds is

loosely defined (for these purposes) as using federal grant money to "replace" or "take the place of

existing iocai funding for equipment or programs. The funds are intended to provide local entities with

increased or in 2023 sustained capabilities or to build capacity to address CBRNEA/VMD terrorist

incidents.

Initials: Initials: Initials; mRM.

Date; 13/1.3/2025 Pale: ti/l'Mozs Dale: |jLili£?g?5_

Page l.'i of 17

New Hampshire Grant Terms and Conditions 2023

NatlonaUncldent Management System (NIMS) Implementation

Prior to allocation of any federal preparedness awards, recipients must ensure and maintain adoption

and implementation of NIMS. Ttie list of objectives used for progress and achievement reporting is on

FEMA's website at; httos://www.fema.cav/ernemericv-rriarraaers/nimsArnDlernentatich-trainino. Please

see the: Preparedness Grants Manual for more information on NIMS. Recipients should manage

resources purchased or supported with FEMA grant funding according to NIMS res.ource management

guidance. Additional Information on resource management and NIMS resource typing definitions and job

titles/position qualifications is on is on DHS/FEMA's website.

CERTIFICATION BY PROCRAM MANAGERyCONTACT*

I certify that: (1) I understand and agree to comply with the genera! and fiscal provisions of this grant

application including the terms and conditions; (2) I underslrmd and agree to comply with provisions of

the regulations governing these funds and all other federal and state laws; (3) all information presented is

correct; (4) there has been appropriate eoordinatkm with affected agencies; (5) I am duly authorized by

the applicant to perform the tasks of Program Manager/Contact as they relate to the requirements of this

grant application; (6) costs incurred prior to Grantee approval may result in tlic expenditures being

absorbed by the sub-grantee; aitd, (7) the receipt of these grant funds through the Grantee will not

supplant state or local funds.

Name: Marcellus O'Connor jitie; IT Manager

Phone Number: 603-230-3427 Concord, NH 03301

Fax Number: E-Mail Address: marcellus.j.oconnor@doit.nh.gov

Signature:

CERTIFICATION BY FINANCIAL OFFICER* |

I certify that: (1) I understand and agree to comply widi the general and fiscal provisions of this grant

application Including the terms and conditions; (2) I understand and agree to comply with provisions of

the regulations governing these funds and all other federal and state laws; (3) ail information presented is

correct; (4) there has been appropriate coordination with affected agencies; (5) I am duly authorized by

the applicant to perform the tasks of Financial Officer as they relate to the requirements of this grant

application; (6) costs incurred prior to Grantee approval may result in the expenditures being absorbed by

the sub-grantee; and, (7) the receipt of these grant funds dirough the Grantee will not supplant state or

local funds.

Name: _ Loretta IM. Razin Title: Director of Finance

Phone Number: _603-223-6748 Concord NH 03301

Fax Number: E-Mail Address: _Loretta.M.Razin@doit.nh.gov

Signature: v»/-v

Page 16 of I

Initials:: T Initials: Initials; StiMR>.j

Date: fl.iibaBMSDate: tl08|^Dale:

New Hampshire Grant Terms and Condilions 2023

CERTIFICATtON BY AU'IHORIZED OFFICIAL*

I certify that; (1) I understand and agree to comply with the general and fiscal provisions of this grant

application including the terms and conditions; (2) I understand and agree to comply whh provisions of

the regulations governing these funds and all other federal and state laws; (3) all information presented is

correct; (4) there has been appropriate coordination with affected agencies; (5) I am duly authorized by

the applicant to perform the tasks of Authorized Official as they relate to the requirements of this grant

application; (6) costs incurred prior to Grantee approval may result in the expenditures being absorbed by

the sub-grantee; and, (7) the receipt of these grant funds through the Grantee will not supplant state or

local funds.

Denis Goulet Title- Commissioner

MaiiiriB Address: 27 Hazen Dfive

Concord NH 03301

Phone Number; 603-223-5703

Fax Number: i\ > H n F-Maii Addmss: Denis.C.Goufet@doit.nh.gov

Signature: _

Authorized Official (Individual who can bind orgariizatidnlnto a cdnti^, authorize'payments, payroll etc.)

•NOTE: THE PROJECT DIRECTOR, FINANCIAL OFFICER AND AUTHORIZED OFFICIAL CANNOT Bfe

THE SAME PERSON

Page 17 of I?

Initials: Initials: Initials: jLMRfS

Datc;illitelnate: 1,yjetJ025Datc: liOlMOlf..

FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACF

SUB-RECIPIENT INFORMATION REPORTING FORM

(It is recommended this form be completed by youi' grant administrator or chiof financial officer.)

Section I MUST be completed by applicants seeking tcderal funding assistance from tiie Homeland

Security Grant. See for further details; FSSS - Federal Funding Account:abilitv and

Tranaparency Act Subaward Reportincf System

SECTION L AGENCY/INSTITUTION NAME & ADDRESS

Name: Department of Information Technology

Address: 27 Hazen Dr

City;Concord

Sub-Recipient UBI Numbec MJD5TWMN26P5

State;NH Zip Code:.^2301-6506

(9 digits required)

Sub-Recipient jVIPIN Number (CCR Registration Number): Completed: Yes No

Section II MUST be completed if this application seeks/ederal fimds tota jing $30,000.00 or more.

SECTION II. SUB-RECIPIEN T REVENUE INFORMATION

(Preceding Fiscal Year)

Sub-Recipients Annual Gross Revenues

Exceeded 80 percent or more in Federal

Awards

□ Yes t/No

Siib-Recipients Annual Gross Revenues

Equal or

lExceed $25,000,000.00. in Federal Awards

n Yes V'No

Sub-Recipient's 5 Most Highly Compensated

Officers Officer Names

Officer

Compensation

1.

2.

3.

4.

5.

Comments

PREPARED BY: DATE:

Natne: fj^arcellus O'Connor

11/13/2025KMp: it Manager

JejepMnd: 603-230-3427 Imail: marcellus,j. ocon nor@doit. nh.gov

HS-21 (1/11)REV NFIDOS 9/23

INSTRUCTIONS ON NEXT PAGE

Instructions for Completing Sub-Recipiciit Information Reporting Form

Attencv./Institutioa Name & Address

• Please give the name and address for the agency or institution receiving the federal funding

• Do not give a name and address of an individual's name working at the agency or institution

Sub-Recipient UEi Number

• The UEI number is a unique, alpha-numeric 12-character identifier Issued and maintained by Sara.gov that

verifies the existence of a business entity globally. It is a tool of the federal government to track how federal

money is distributed. Mast large organizations, libraries, colleges and research universities already have UEI

numbers. Ask your grant administrator or chief financial officer to provide your organization's UEI number.

• If your oi-ganization does not have a UEI number, use SAM.OOV online registration to receive one free of

• For more information on UEI numbers, please visit the federal government's grant administration website:

https://sam.gov

Sub-Recipient MPIN/CCR Number (not required)

• Tlte Central Contractor Registration (CCR) is a web-enabled government-wide application that collects,

validates, stores and disseminates business information about the federal government's trading partners in

support of the contract award, grants, and the electronic payment process.

Sub-Recipient Annual Gross Revenues Exceed 80 Percent or more in Federal Awards

• Please check "yes" if, in the preceding fiscal year, your agency or institution received 80 percent or more of

its annual ^oss revenues in federal awards.

• Please check "no" if, in the preceding fiscal year, your agency or institution did not receive 80 percent or

more of its annual gross revenues in federal awards.

Sub-Recipient Annual Gross Revenues Equal or Exceed $25.000.000 In Federal Awards

• Please check "yes" if, in the preceding fiscal year, your agency's or imtitution's annual gross revenues

equaled or exceeded $25,000,000 in federal flmds,

• Please check "no" i f, in tfie preceding fiscal year, your agency's or institution's annual gross revenues did not

equal or e,xceed $25,000,000 in federal awards.

Sub-Recipient Highly Compensated Officers

• If you checked "no" in the two tx)xes above, then this information is not required.

• If you checked "yes" in the two boxes above, and if the public dixis not have access to this information

through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.

Section 78m(a), 780(d)), or Section 6104 of the Internal Revenue Code of 1986, then please list the names

and compensation aniount-s of the five (5) most highly compensated employees within your agency or

institution.

Comments

• This is not a required filed. Please feel free to add any comments you feel are necessary to fully explain your

answers in the above fields.

0MB hiynnt>er: 404(H)007

Expiraean Oats: ammsoOL

ASSURANCES • NON-CONSTRUCTION PROGRAMS

Public reporting burden for tWs collection of Information Is estimated to average 15 minutes par response, Including time for reviewing

instructions, searcfting existing data Murces, gathertng and n^rtlalnlng the data needed, and completing and reviewing the ccilectlon of

informahon. Sertd comments regarding the burden es^mate or any other aspect of this colecfion of information, Including suggestions for

reducing ttiis burden, lo the Office of Jteragemant and Budget, Paperwoit Reduction Project (0348-0040), Washington, DC 20503.

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFfCE OF MANAGEMENT AND BUDGET. SEND

IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

NOTE; Certain of lh«« assurances may not be applicable to your project or program, if you have questions, please contact the

awarding agency. Further, certain Fwfcral awards agencies may require applicants to ceritfy to addition^ aesur^icea.

If such is the case, yoo will be notified.

As the duly aulhorteed representativa of the applicant. I certify mat the applicant:

1 l-las the legal author ty to apply tor Federal asscstance

and me insiltulional, managerial and finenctal capability

(including funds sufTident to pay the non-Federal share

of project cx»i) to ensure proper planrsng, management

and (tompletion of the project described to this

application.

2. Will give the awarding agency, the Comotfolter General

of the Lirrited Stales and, if appropriate, me State,

throug.h any authorfcted representative, access to and

the right to examine all records. Itooks, papers, or

documents related to the award; and wW establish a

proper accounting system In accordance v/ith general^

accepted accounting standards or agency diractiVBS.

3. WtJI establish safeguards to prohibit emp.foyees from

using their positions for a purpose that consttfutss or

presents the appea'ance of personal or organizational

conflict of interest, or personal gain.

4. WB! Initiate and comptete the work withm the applicable

time frame after receipt of approval of tt» awarding

agency.

A

5. Will comply wim tne Intargovernmemal Personnel Act of

1970 (42 li.S.C. §§4728-4763) raJating to preserved

star>dards for merit systems for programs funded under

one of the 19 stati4«s or regulattons specified In

Appendix A of OPM's Standards for a Merit System of

Personn^ Admlnlstr^n (5 C.F.R. 900, Subpart F).

6. Wm comply with all Federal statutes relating lo

nondscrlminalion. These Indude Put are not Bmited to;

(a) Tide VI of the Qvii Rights Act of 1964 (P.L. 88-352)

which prohitiits discriminalion on the basis of race, color

or national origin; (b) Title IX of the Education

Amendments of 1972, as amended (20 U.S.C.§§1681-

1683, and 1685-1666), wtilch prohibits dfecrtminatlon on

the basis of sex; (c) Sorikxi 504 of me Rehabitetion

d of 1973, as amended (29 U,S.C. §794), which

prohtohs dlswlmination on the t»sis of handicaps; (d)

the Age Discrimination Act of 1975, as amended (42

U.S.C. §§6101-6107), which prohibits discrimination on

Ihe basis of age; (c) me Drug Abuse Office and

Treatment Act of 1972 (P.L. 92-255), as amofxled,

reiating to nondiscrlmination on the baste of drug

abuse; (f) the Comprehensive Alcohol Abuse and

AicohoHsm Prevention, Treatment and Rehabilitation

Act of 1970 (P.L. 91-616), as amencted, relating to

nondlscrimlnalion on the basis of aicnhol ataise or

alcoholism; (g) §§523 and 527 of the Public Health

Service Act of 1912 (42 U.S.C. §§29C' dd-3 and 290 ee-

3), as amended, relating to confldenflaBty of alcohol

and drug abuse patient records: (h) Title VIII of the Civil

Rights Act of 1968 (42 U.S.C. §§3601 et seq.), us

amended, relating to nondiscrlmination In the sale,

rental or financing of housing: (i) any other

nondiscrlmination provisions in the specific statutG(s)

under which application for Federal assistance Is being

made; a^d, (|) the requirements of any other

nondiscrlmination statutefs) which may apply to Ihe

apfidlcatton.

7. Wi comply, or has already complied, with the

requiremwits of Titles II and III of the Uniform

Relocation Assistance amd Real Property Acqiisltion

Polldes Act of 1970 (PX. 91-646) wWch proi^e for

fair and equltabia treatment of persons displaced or

whose property Is acquired as a result of Federal or

fedafally-asslsted programs. These requirements

apply to all Interests in real property acquired for

project purposes regardless of Federai partidpatton In

purchases.

8. Will comply, as applicable, with provisions of the

Hatch Act (6 U.S.C. §§1501-1508 and 7324-7328)

vrfMch Rmit the political adlvities of employees whose

principal employment activities are funded In wholo

Of in part with Federal funds.

ProvtouB E<tltiOfi UflAbla

Authorladd for Locdl Reproduction

Stondfifd Form 41AB {Rdv. 7«97)

Proocrlbdd by 0M3 ClrGulAr A>10Z

9, Will compiy, as applicable, with the provisions of the Davis-

Bacon Act (40 U.S.C. §§276a to 27Sa-7), the Copaland Act

(40 U.S.C. §276c and 16 U.S.C. §874), and ttie Contract

Work Hours and Safety Standards Act (40 U.S.C. §§327-

333), regarding latjor standards for federally-assisted

construction subagrsemenls.

10. Wi» comply, 11 applicable, with flood Insurance purchase

requiromonts of Section 102(a) of the Flood Disaster

Protection Act of 1973 (P.L. 93-234) vrhich raquirss

redi^snts in a special flood hazard area to parttcipatB In tne

program and to purchase flood Insurance If the total cost of

IfKurabte construction and acquisition Is $10,000 or mere.

11. Will comply with onvlronmentai standards which may be

proscribed pursuant to the following: (a) instilutlon of

environmontal quality control measures under tiie Naliona!

Environmental Policy Act of 1969 (P.L, 91-190) and

Executive Order (EO) 11S14; (b) notification of violating

facilities pursuant to EC 11738; (c) protection of wetlands

pursuant to EO 11990; (d) evaluation of flood hazards in

floodplains in accordance with EO 11088; (e) assurance of

project consistency with the approved Stats management

program developed under the Coastal Zone Management

Act of 1S72 (10 U.S.C. §§1451 et seq,); (f) conformity of

Federal actions to State (Clean Air) Implementation Plans

under Seclioti 170(c) of ttie Clean Air Act of 1955, as

amended (42 U.S.C. §§7401 et seq.); (g) protectbn of

underground sources of drinking wafer under the Safe

Drinking Wafer Act of 1974, as amended (P.L. 93-523);

and, (h) protection of endangered species under the

Endangered Species Act of 1973, as amended (P.L. 93-

205).

12. Will comply with the Wild and Scenic Rivers Act of

1968 (16 U.S.C. §§1271 et seq.) related to protecting

components or potential components of the rratlonsrf

wild and scenic dvsrs system.

13. Will assist the awarding agency In assuring compliance

with Section 106 of the National Historic Preservation

Act of 1966, as amended (16 U.S.C. §470), EO 11593

(Identification and protection of historic properties), and

the Archasologlcal and Historic Preservation Act of

1974 (16 U.S.C, §§469a-1 ef seq.).

14. Wiil compiy with P.L. 93-348 regarding the protection of

human subjects Involved In research, development, and

related activities supported by this award of assistance.

15. Will comply with the Laboratory Animal Welfare Act of

1966 (P.L. 89-544. as amended. 7 U.S.C. §§2131 et

asq.) partatnlng to the care, handling, and treatment of

warm blooded animals held for research, leaching, or

other activities supported by this award of assistance.

16. Will comply with the Lead-Based F^lnt Poisoning

Prevention Act (42 U.S.C. §§4801 et seq.) which

prohibits the use of lead-basad paint in construction or

rehabilitation of residence slructures.

17. Will cause to be performed tiie required financial and

compliance audits in accordance \^lh the Single Audit

Act Amendments of 1996 and 0MB Circular No. A-133,

"Audits of States, Local Governments, and Non-Profit

Organizatbns."

18. Will comply with atl applicable requirements of all other

Federal laws, executive orders, regulattans, and policies

governing this program.

19. W9I comply wilh the requirements of Section 10e(g) of

the Trafficking Victims Protection Act (TVPA) of 2000, as

amended (22 U.S.C. 7104) which prohibits grant award

recipients or a sub-redpient from (1) Engaging In severe

forms of trafficking In persons during the period of lime

that the award Is in effect (2) Procuring a commercial

sex act during the period of time that the award Is in

effect or (3) Using forced labor In tho performance of the

award or subawarde under the award,

SIGNATURE OF AUTHC^sZED CERTJ5-YING OFFICIAL TITLE

hi 3" 1 Connlmissioner 1

APPLICANT ORGANIZATION DATE SUBMITTED

Deoartment of Information Technoloov 1111/14/2025 • ^ 1

St^ifsird Form 424B (R«y. 7"97)

Approved Rems Checktist

Dept of Inforamtion Technology

DevSecOps CyberseCTlly

$162,312.00

Grant Expires: 8.'31/2026

Vendor: 311850 B001

Accf 22980000 588503

Activity: 23HS23SHST J

PO.

I:.Approveriiiitf.-.: t.Reimbursed - -

[llarae otEquipnienf Quantity Cost,^, { AELIfiffiS of EuuipmentS QuantitviCost Vendor Invoice # Date'

DevSacOpa Cybersecrity $162,312.00;

i

Total j $162,312,00 $

Balance $162,312.00

S:\Conimissioner\GrantsiSharediHomolafHl 2023\Stale AgencylDolT-OevSecOps {Cyber Security)- $162,312)3 Payinor^tV2023 DOIT

DevSecOps Cyberseairity Approved Items Checklist