Public Safety Committee (Meets 3rd Thursday of each month at 6:00 p.m.)

PUBLIC SAFETY COMMITTEE Agenda Thursday, November 21, 2024–6:00 PM Government Center Room 204 Virtual Link Click here to join the meeting now Meeting 227 829 443 838 / Passcode: GVrPmZ Or call in (audio only) +1 (872) 242-8028 Phone Conference ID: 915 738 788# COMMITTEE MEMBERS: Nick Ledin, Chair; Tylor Elm, Vice-Chair, Mark Johnson, Mike Herrick 1 ROLL CALL 2 APPROVAL OF MINUTES 2.1 Public Safety Committee (Meeting held October 17, 2024) 3 RECURRING BUSINESS 3.1 Police and Fire Department Updates 4 NEW BUSINESS 4.1 Approve two stop signs to be installed at Logan Avenue and 17th Street going East and West – Request from Councilor Herrick 4.2 Approve adding two stop signs to make it a four way stop at North 6th Street and Grand Avenue - Request from Raven Ford Moe, Parent Policy Council Advisor for Head Start Center 2 4.3 Approval to purchase First Due Software Suite – Chief Vollbrecht, Fire Department 4.4 Approve WEM Hazmat Regional Emergency Response/WHMRS Equipment grant and purchase of hazmat equipment included in the grant for a total of $141,063.05 – Chief Vollbrecht, Fire Department 5 ADJOURNMENT Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting. Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in the public meeting process, please call (715) 395-7200 by 4:30 p.m. on the day prior to the scheduled meeting date (OR dial 711 for Telecommunications Relay Service). The City will attempt to accommodate any request depending on the amount of notice received. ********************************************************************************************* In compliance with Wisconsin Open Meetings Law, this agenda was posted on 11/20/2024 at the following locations: Superior Government Center, Douglas County Courthouse, and online at https://www.ci.superior.wi.us/agendacenter. It was also emailed to the Superior Telegram and the Superior Public Library. PUBLIC SAFETY COMMITTEE – 11/21/2024 MEETING Page 1 of 1 PUBLIC SAFETY COMMITTEE Minutes Thursday, October 17, 2024 The meeting was called to order by Councilor Ledin at 6:04pm on October 17, 2024, in Government Center Room 270 Committee Members: Nick Ledin -Chair, Tylor Elm- Vice Chair, Mark Johnson, Mike Herrick 1. ROLL CALL PRESENT: Nick Ledin-Chair, Tylor Elm-Vice Chair, Mark Johnson, Mike Herrick CITY STAFF PRESENT: Chief Camron Vollbrecht, Chief Paul Winterscheidt, Nikki Kalan OTHERS PRESENT: Marty Curtiss (citizen) 2. APPROVAL OF MINUTES 2.1. Public Safety Committee (Meeting held July 18, 2024) MOTION to approve to Councilor Elm, second by Councilor Johnson, carried. 3. RECURRING BUSINESS 3.1. Police And Fire Department Updates Police - Chief Winterscheidt states there were approximately 1700 calls for the Police Department in the month of September 2024. Hybrid squads are being implemented, all new squads have arrived to the department and they are currently getting equipment and graphics installed. One electric vehicle is on order, no timeline on when it will arrive yet. Fire - RFQs for architecture and engineering on station 2 and 3; they are due on 10/22 and will hopefully be presented to Public Safety in November. Two firefighters spent some time in North Carolina with the Wisconsin Task Force 1 for relief due to the recent hurricane. October is Fire Safety Month. The department has spent time in local schools to teach about fire safety, as well as inviting home school kids to headquarters. Fire Department headquarters is hosting an open house this Saturday, October 19th from 1:00 PM – 3:00 PM; it is a free event open to the public. Two new firefighters recently completed finishing school at Lake Superior College. There have been 3400 calls year to date. 4. NEW BUSINESS 4.1. Discussion on Fire Insurance Rating for the City of Superior Fire insurance rating for the City of Superior was recently discussed at a Public Works meeting. Chief Vollbrecht explained the process of how the city receives their rating and handed out a packet from the 2015 and 2020 rating that was received (handouts included in minutes). Insurance Services Office (ISO) collects and evaluates data from communities throughout the county and provides a credit rating for fire protection. The scale ranges from 1-10 (1 being the best and 10 being the worst), and the City of Superior is currently rated at 3. There are three elements to receiving a rating and they are: Emergency Communications 10%, Fire Department 50%, and Water Supply 40%. Each element is broken down into a point system (see attached handouts). ISO is likely going to be doing another evaluation in 2025 for the City of Superior. The Fire Department will be meeting several times with Superior Water Light and Power soon to be prepared for ISO. There was some discussion on improvements the city and fire department could make to improve the score. No action, discussion only. Public Safety Committee Minutes – 10/17/2024; page 1 of 2 5. ADJOURNMENT Meeting adjourned at 6:52 PM by Councilor Ledin. Submitted by Nikki Kalan Public Safety Committee Minutes – 10/17/2024; page 2 of 2 -----Original Message----- From: Janigo, Todd <janigot@superiorwi.gov> Sent: Monday, October 28, 2024 11:22 AM To: Czapinski, Kara <czapinskik@superiorwi.gov> Subject: FW: Stop signs request. Public Safety please Todd Janigo City of Superior Public Works Director (715) 395-7373 -----Original Message----- From: Herrick, Mike <herrickm@superiorwi.gov> Sent: Friday, October 25, 2024 9:15 AM To: Janigo, Todd <janigot@superiorwi.gov> Subject: Stop signs request. Good morning, I would like to request two stop signs to be installed at 17th Street (going east and west) at Logan Avenue. I have received complaints about cars speeding to access the Bong Bridge. This is also in the zone of Cooper Elementary School. Hopefully this will slow down traffic. This should also help when construction of the new bridge occurs. Thank you, Mike Sent from my iPad From: Janigo, Todd <janigot@superiorwi.gov> Sent: Monday, October 28, 2024 11:15 AM To: Raven Ford-Moe <ravenfordmoe@gmail.com>; PublicWorks <PublicWorks@superiorwi.gov>; Paine, Jim <painej@superiorwi.gov>; PoliceDept <PoliceDept@superiorwi.gov> Subject: RE: Head Start Center 2 street signs Good morning, Raven. My apologies, I don’t recall seeing the first email and not sure if anyone else has responded. We will be sending this topic to the Public Safety Committee meeting which will be meeting on November 21st in Room 204 of Government Center. Public Works will also be present and a DTA representative will be invited as well. With that group, we should be able to begin addressing the concerns that you’ve raised. Thank you. Todd Janigo City of Superior Public Works Director (715) 395-7373 From: Raven Ford-Moe <ravenfordmoe@gmail.com> Sent: Wednesday, October 23, 2024 6:02 PM To: PublicWorks <PublicWorks@superiorwi.gov>; Paine, Jim <painej@superiorwi.gov>; PoliceDept <PoliceDept@superiorwi.gov> Subject: Head Start Center 2 street signs *I am re-sending this email to the public works, and now including the mayor and the police department as I have not received a follow up email from back in September. My name is Raven Ford-Moe, Parent Policy Council Advisor for our local Head Start Center 2. I am reaching out to inquire on the steps to make a current 2-way stop into a 4-way stop with a cross walk for our walking families. I am also hoping to establish a perimeter around the school as a school zone with a reduced driving speed. We have very young children ages 3-5 attending school here, some with disabilities, and it has become an increasing concern regarding traffic safety and vehicle speeds on the road in front of the school. We have already had multiple "almost accidents" occur this school year. If you could help point me in the right direction to address our concerns and establish these signs in our area I would greatly appreciate it. We also have had many complaints about the city bus stop having been moved, as the stop is at that same intersection. This is damaging the road beside the school, causing problems with parent parking and for when our students do get to use the school bus for field trips, as the bus stop is right where our bus parking is on North 6th. Secondly, the public who are using the bus stop have been very inconsiderate, laying against our fences, and littering both garbage and drug/ alcohol paraphernalia along our chain fences where the kids play. I understand this is likely a different department altogether, but we are at a loss on whom to contact to request the bus stop be moved elsewhere and not directly at our fence line where the 3 year olds are playing. The address of the school is 518 Grand Avenue Superior WI 54880. The corner of concern is North 6th Street and Grand Avenue. Thank you so much for any help. I would appreciate a follow-up email to ensure these matters are being looked into. Raven Ford-Moe 715-969-8644  Superior Fire Department Camron Vollbrecht, Fire Chief Phone: (715) 395-1680 Superior Fire Department FireDept4@ci.superior.wi.us 3326 Tower Avenue www.SuperiorWI.gov Superior, WI 54880 Public Safety Committee Date: November 21st, 2024 MEMORANDUM Date: November 18th, 2024 To: Public Safety Committee From: Camron Vollbrecht, Fire Chief RE: Purchase of First Due Software Suite 1. Introduction: It has been requested by the Fire Department to purchase First Due Software Suite. Total cost is $6,700 for the one-time implementation fee and a $15,000 subscription fee for 2025 and a $30,000 annual fee beginning in 2026. This software suite will serve the fire department by supporting our required EMS (ePCR) and fire (NFIRS) reports, fire inspection program, fire investigations, training records, training platform, inventory and asset management, response preplans, call back alerting system, advanced hydrant management, scheduling, Spillman CAD integration, event response preplan and management, and provide a community connection for residential preplans. Fire Chief Vollbrecht is requesting the Public Safety Committee recommend and approve the purchase of the software and forward to the full City Council for approval. 2. Background: The fire department currently utilizes five software programs plus google docs, excel spread sheets, and hand-filled out forms to accomplish some of the tasks supported by the First Due Suite. Our current reporting software will not integrate sufficiently with our CAD dispatching software. This requires addresses and run times to be manually entered, increasing the potential for mistakes corrupting the quality of the reporting data. Additionally, our current scheduling software doesn’t integrate into our reporting software resulting in the manual entry of staffing on every run report. The software was demoed at Superior Fire Headquarters by members of the command, administrative, and response staff along with IT Director Shea. Our current collections of software cost $24,000 per year for the respective subscriptions.  We received a competing quote for $32,977 from ERP systems for a similar software system. 3. Analysis/Discussion: The First Due software system will significantly streamline and increase the accuracy of our reporting efforts. Replacing multiple systems with one integrated software reduces input effort and mistakes, and minimizes the numbers of log ins that our members need to track. The system also includes several features that our current software doesn’t support. The fleet management segment of the First Due software will allow the mechanic and Fire Chief to easily assess the cost of each vehicle repair and produce reports on fleet maintenance costs. The software includes a “Community Connect” feature that allows resident to input information on their household that will populate on our IPADS while responding to an emergency. The Fire Department can also send information to residents through the system. The software has a very powerful preplan segment. It will allow firefighters to access a large amount of building information including special hazards, FDC locations, hydrant locations and flow, measure distance to hydrants, and exposures just by clicking the address on the dispatch information on the IPAD in the fire trucks. This system also allows us to set up preplan layers, so we could set up layers for special events like the 4th of July detailing road closures and staging locations. 4. Budget Source: The software requires a one-time implementation fee of $ 6,700 and a $15,000 subscription fee for July through December of 2025. The cost will come from the Fire Department’s budget. The full year annual fee of $30,000 will come from the IT Departments budget starting in 2026. 5. Recommendation: I am recommending the City of Superior Fire Department purchase the First Due Software Suite. Approved:____________________________________ Date:__________________ Committee Chair Ledin Denied:______________________________________ Date:__________________ Committee Chair Ledin  Agreement for Services This Agreement for Services (this “Agreement”) dated as of June 30, 2025 (the "Effective Date") is made by and between Locality Media, Inc dba First Due a Delaware corporation, having offices at 107 7th St, Garden City, NY, 11530 ("Locality Media" or “First Due”) and the Superior Fire Department located at 3326 Tower Ave, Superior, WI 54880 (the “Customer”). 1. Locality Media maintains a website through which Customer members may access Locality Media's First Due Size-Up™ Community Connect™, Mobile Responder™ and/or other software-as-a-service platforms and solutions identified in Exhibit A (collectively, the "Service") in connection with the performance of their Customer duties. Locality Media agrees to grant the Customer access to the Service pursuant to the terms and conditions set forth below and in Exhibit A, and the Customer agrees to use the Service only in strict conformity with and subject to such terms and conditions. 2. Locality Media may provide the Customer with one or more user ID’s, initial passwords, digital certificates and/or other devices (collectively, "Credentials") and/or application programming interfaces ("APIs") to access the Service. The Customer shall access the Service only by using such Credentials and APIs. The Customer authorizes Locality Media to act on any instructions Locality Media receives from users of the Service who present valid Credentials and such individuals shall be deemed authorized to act on behalf of the Customer, including, without limitation, to change such Credentials. It is the Customer’s sole responsibility to keep all Credentials and other means of access within the Customer’s direct or indirect possession or control both confidential and secure from unauthorized use. The Customer understands the utility of the First Due Size Up Service depends on the availability of data and information relating to Locations and structures in the Customer's jurisdiction, including but not limited to building system and structural information, building inspection codes and incident report data (collectively, "Location Data"). Locality Media also may process and furnish through the Service, in addition to Location Data, other data regarding residents and roadways within the Customer's jurisdiction ("Community Data"). Location Data and Community Data are referred to collectively herein as "Data". Locality Media may acquire Data from third party public and/or private sources in Locality Media's discretion. In addition, the Customer will upload to the Service or otherwise provide to Locality Media in such form and using such methods as Locality Media reasonably may require from time to time, any and all Data from the Customer's records and systems which the parties mutually designate for inclusion in the Service database. The Customer agrees not to filter or alter such records except to conform such Data to the formats reasonably required by Locality Media. Subject to any third-party license restrictions identified expressly in writing by the Customer, the Customer grants to Locality Media a perpetual, non-exclusive, worldwide, royalty- free right and license to process, use and disclose the Data furnished to Locality Media by the Customer in connection with the development, operation, and performance of Locality Media's business, including but not limited to the Service. Customer shall own all Customer data and upon termination or written request, Locality Media shall provide Customer data to Customer. 3. As between the parties, the Customer and its employees, contractors, members, users, agents, and representatives (collectively, "Customer Users") are solely responsible for determining whether and how to use Data accessed through the Service. The Customer acknowledges that Locality Media, through the Service, provides an interface for viewing Data compiled from the Customer and other sources over which Locality Media has no control and for which Locality Media assumes no responsibility. Locality Media makes no representations or warranties regarding any Location or structure (including but not limited to a Location's safety, construction, occupancy, materials, hazards, water supply, contents, location, surrounding structures, exposures, size, layout, compliance, condition or history), residents, roadways, or any actual or expected outcome from use of the Data, nor does Locality Media make any representation or warranty regarding the accuracy or reliability of the Data received by Locality Media. Locality Media provides administrative and information technology services only and does not advise, recommend, or render an opinion with respect to any information communicated through the Service and shall not be responsible for the Customer's or any third party's use of any information obtained through the Service. Locality Media, Inc. Agreement Aug 2024 Page 1 of 13 4. The Customer shall obtain and maintain, at its own expense, computers, operating systems, Internet browsers, tablets, phones, telecommunications equipment, third-party application services and other equipment and software ("Equipment") required for the Customer to access and use the Service (the Service being accessible to users through standard Internet browsers subject to third party network availability and signal strength). Locality Media shall not be responsible for any problem, error or malfunction relating to the Service resulting from Customer error, data entry errors or malfeasance by the Customer or any third party, or the performance or failure of Equipment or any telecommunications service, cellular or Wi-Fi network, Internet connection, Internet service provider, or any other third-party communications provider, or any other failure or problem not attributable to Locality Media ("Technical Problems"). 5. This Agreement will be effective for an initial term of 6 months (the "Initial Term") commencing on the Effective Date. After the Initial Term, this Agreement will automatically renew for successive terms of 12 months each (a "Renewal Term"), subject to the right of either party to cancel renewal at any time upon at least 60 days' written notice. Locality Media reserves the right to increase Customer’s renewal Service fees by no more than 5% per annum, applied to the Service fees set forth in the previous term. Either party also may terminate this Agreement immediately upon written notice if the other party: (i) becomes insolvent; (ii) becomes the subject of a petition in bankruptcy which is not withdrawn or dismissed within 60 days thereafter; (iii) makes an assignment for the benefit of creditors; or (iv) materially breaches its obligations under this Agreement and fails to cure such breach within 30 days after the non-breaching party provides written notice thereof. 6. Upon termination, the Customer shall cease use of the Service and all Credentials then in the Customer’s possession or control. This Section 6 and Sections 8 through 11 and 15 through 25 hereof shall survive any termination or expiration of this Agreement. 7. The Customer agrees to pay the fees set forth in Exhibit A for use of those Service features described in Exhibit A (as available as of the Effective Date). Locality Media may charge separately for services offered from time to time that are not included in the scope of Exhibit A (such as new Service features, systems integration services and applications of the Service for new purposes), subject to the Customer’s written acceptance of the terms of use and fees associated with such services. The Customer shall be responsible for the payment of all taxes associated with provision and use of the Service (other than taxes on Locality Media’s income). The Customer represents it has not received and agrees that it shall not collect any fee, payment, or remuneration of any kind from any Data provider, other municipal agency or other third party in connection with the Customer's purchase or use of the Service under this Agreement. 8. Locality Media owns and shall retain all right, title, and interest in and to the Service, all components thereof, including without limitation all related applications, APIs, user interface designs, software and source code (which shall further include without limitation any and all source code furnished by Locality Media to the Customer in connection with the delivery or performance of any services hereunder) and any and all future enhancements or modifications thereto howsoever made and all intellectual property rights therein but not Data furnished by the Customer. Except as expressly provided in this Agreement or as otherwise authorized in advance in writing by Locality Media, the Customer and Customer Users shall not copy, distribute, license, reproduce, decompile, disassemble, reverse engineer, publish, modify, or create derivative works from, the Service; provided, however, that nothing herein shall restrict the Customer’s use of the Data that the Customer has provided. 9. "Confidential Information" means any and all information disclosed by either party to the other which is marked "confidential" or "proprietary," including oral information that is designated confidential at the time of disclosure. Without limiting the foregoing, all information relating to the Service and associated software and the terms of this Agreement shall be deemed Locality Media's Confidential Information. Notwithstanding the foregoing, "Confidential Information" does not include any information that the receiving party can demonstrate (i) was known to it prior to its disclosure hereunder; (ii) is or becomes publicly known through no wrongful act of the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure without restriction; (iv) is independently developed by the receiving party, without the use of any Confidential Information of the other party; (v) has been approved for release by the disclosing party's prior written authorization; or (vi) is required to be disclosed by court order or applicable law, provided that the party required to disclose the information provides prompt advance notice thereof to the other party (except to the extent such notice is prohibited by law). 10. Each party hereby agrees that it shall not use any Confidential Information belonging to the other party other than as expressly permitted under the terms of this Agreement or as expressly authorized in writing by the other Locality Media, Inc. Agreement Aug 2024 Page 2 of 13  party. Each party shall use the same degree of care to protect the other party's Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances with less than reasonable care. Neither party shall disclose the other party's Confidential Information to any person or entity other than its employees, agents or consultants who need access thereto in order to effect the intent of this Agreement and in each case who have been advised of the confidentiality provisions of this Agreement, have been instructed to abide by such confidentiality provisions, entered into written confidentiality agreements consistent with Sections 9-11 or otherwise are bound under substantially similar confidentiality restrictions. 11. Each party acknowledges and agrees that it has been advised that the use or disclosure of the other's Confidential Information inconsistent with this Agreement may cause special, unique, unusual, extraordinary, and irreparable harm to the other party, the extent of which may be difficult to ascertain. Accordingly, each party agrees that, in addition to any other remedies to which the nonbreaching party may be legally entitled, the nonbreaching party shall have the right to seek to obtain immediate injunctive relief, without the necessity of posting a bond, in the event of a breach of Section 9 or 10 by the other party, any of its employees, agents or consultants. 12. LOCALITY MEDIA REPRESENTS AND WARRANTS THAT IT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS SUBMITTED BY THE CUSTOMER. OTHER THAN THE FOREGOING, THE SERVICE, INCLUDING ALL DATA, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOCALITY MEDIA MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR DOES LOCALITY MEDIA WARRANT THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR CUSTOMER USERS. Locality Media will provide the service on a 24X7X365 basis with an uptime guarantee of 99.5% availability excluding scheduled maintenance. Locality Media will respond to Customer and provide Initial Responses, Temporary Resolutions and Final Resolutions in accordance with the time requirements set forth in the table below. Severity Level: Vendor’s Initial Vendor’s Temporary Vendor’s Final Response will be Resolution will be Resolution will be provided within: provided within: provided within: 1: Mission Critical – Software is down 60 minutes from receipt 24 hours from receipt of 2 days from receipt of /undiagnosed but feared critical; of initial notice from the initial notice from the initial notice from the situation may require a restore and Customer, or discovery, Customer, or discovery, Customer, or error Software use is suspended until a of the error of the error discovery diagnosis is given 2: Critical Issue – Software is not down, 60 minutes from receipt 24 hours from receipt of 2 days from receipt of but operations are negatively of initial notice from the initial notice from the initial notice from the impacted Customer, or discovery, Customer, or discovery, Customer, or error of the error of the error discovery 3: Non-Critical Issue – resolution period 4 hours from receipt of 3 days from receipt of 15 days from receipt of to be mutually agreed upon initial notice from the initial notice from the initial notice from the Customer, or discovery, Customer, or discovery, Customer, or error of the error of the error discovery 13. EXCEPT AS SET FORTH ABOVE IN SECTION 12, LOCALITY MEDIA MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUBJECT MATTER HEREOF. LOCALITY MEDIA SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION THE SERVICE. 14. The Customer represents and warrants that the Customer is authorized and has all rights necessary to enter into this Agreement, to provide the Data furnished by the Customer to Locality Media, and to use the Service and Data, and Customer will only use the Service and Data, as permitted under this Agreement and in accordance with the laws, regulations, and any third-party agreements applicable to the Customer and Customer Users. Without limiting the generality of the foregoing, Customer shall not cause or permit any Data to be uploaded to the Service or used in connection with the Service in any manner that would violate any third-party intellectual property rights or license between Customer and any third party. Customer agrees not to use or permit the use Locality Media, Inc. Agreement Aug 2024 Page 3 of 13  of the Service and Data in connection with any public or private enterprise other than operation and performance of the Customer's functions and services. In addition, the Customer and the Customer Users shall not copy, distribute, license, reproduce, publish, modify, or otherwise use any Personally Identifiable Information (PII) contained within the Data accessed through the Service for any purpose other than to lawfully carry out the services and duties of the Customer. The Customer shall remain responsible for the performance, acts and omissions of each Customer User as if such activities had been performed by the Customer. 15. Locality Media will indemnify, defend and hold harmless the Customer from and against any and all damages, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from any third-party claim, suit, action, investigation or proceeding (each, an "Action") brought against the Customer based on the infringement by Locality Media of any third-party issued patent, copyright or registered trademark, except to the extent such Action is based on Data furnished from the Customer, the Customer’s breach of any third party agreement, or any combination or integration of the Service with any Customer- or third-party property, method or system. 16. The Customer will indemnify, defend and hold Locality Media harmless from and against any and all Losses arising from or relating to: (i) any breach by the Customer of Section 8; or (ii) any Action by a Customer User or third party arising from or relating to the use of the Service or Data accessed through the Service, except to the extent such Losses are subject to Section 15 above or result from the gross negligence or willful misconduct of Locality Media. 17. Such indemnification under Sections 15 and 16 will be provided only on the conditions that: (a) the indemnifying party is given written notice reasonably promptly after the indemnified party receives notice of such Action; (b) the indemnifying party has sole control of the defense and all related settlement negotiations, provided any settlement that would impose any monetary or injunctive obligation upon the indemnified party shall be subject to such party’s prior written approval; and (c) the indemnified party provides assistance, information and authority as reasonably required by the indemnifying party. 18. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES OR DATA, EVEN IF THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY THE CUSTOMER TO LOCALITY MEDIA WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, OR (B) $5,000. 19. All notices, requests, demands, or consents under this Agreement must be in writing, and be delivered personally, by email or facsimile followed by written confirmation, or by internationally recognized courier service to the addresses of the parties set forth in this Agreement. 20. Except as otherwise provided below, neither party may assign this Agreement or any rights or obligations hereunder without the prior written consent of the other party. Locality Media may assign this Agreement or any rights or obligations hereunder to any Locality Media affiliate or in connection with the merger or acquisition of Locality Media or the sale of all or substantially all of its assets related to this Agreement, without such consent. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns. 21. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. 22. Any modification, amendment or waiver to this Agreement shall not be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy hereunder shall operate as a waiver of such right, power, or remedy. 23. The parties are independent contractors with respect to each other, and neither shall be deemed an employee, agent, partner, or legal representative of the other for any purpose or shall have any authority to create any obligation on behalf of the other. Neither party intends to grant any third-party beneficiary rights as a result of this Agreement. Locality Media, Inc. Agreement Aug 2024 Page 4 of 13 24. Any delay in or failure of performance by either party under this Agreement will not be considered a breach and will be excused to the extent caused by any event beyond the reasonable control of such party including, but not limited to, acts of God, acts of civil or military authorities, strikes or other labor disputes, fires, interruptions in telecommunications or Internet or network provider services, power outages, and governmental restrictions. 25. This Agreement supersedes all prior agreements, understandings, representations, warranties, requests for proposal and negotiations, if any. Each provision of this Agreement is severable from each other provision for the purpose of determining the enforceability of any specific provision. 26. Agreement Billing Information a. Accounts Payable Contact Name: Email: Phone: b. Tax Exempt _____ (Yes/No) If yes, please email a copy of the Exempt Certificate to accounting@firstdue.com. c. Purchase Order Required _____ (Yes/No) If yes, return a copy of the Purchase Order with the signed agreement or email a copy to accounting@firstdue.com. LOCALITY MEDIA, INC. Superior Fire Department By: By: Name: Name: Title: Title: Date: Date: Locality Media, Inc. Agreement Aug 2024 Page 5 of 13  Exhibit A - Quote Locality Media, Inc. dba First Due Prepared By: Jason Capatske 107 Seventh St Valid Until: August 31, 2025 Garden City, NY 11530, United States Quote Number: 1545132000316083952 Phone: +1 (516) 874-2258 Website: https://www.firstdue.com/ BILL TO: Howard Huber Superior Fire Department 3326 Tower Ave Superior, WI 54880 Account: Superior Fire Department Subscription Start: June 30, 2025 Initial Term: 6 months Annual Subscription: $30,000.00 Product Details Total Occupancy Management & Pre-Incident Planning Manage Occupancies, Pre-Incident Mapping, ArcGIS Maps, Fire Systems, Hazardous Material, and Contacts. Responder Web Responder dashboard and Responder iOS/Android App with notifications, statusing and routing. Hydrant Management – Advanced Manage Hydrants including hydrants visible on pre-plan & response map, hydrant list, hydrant types, hydrant uploads, ArcGIS hydrant layers, hydrant setup, hydrant service checklist, data management, mapping, service inspections, hydrant flow test and reporting. Inspections Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections, Inspections Scheduler, and Integrated Pre-Incident Planning. Investigations Organize, analyze, and document investigations, keeping case information secure and separated from, but integrated with other modules. Incident Reporting – NFIRS NFIRS Incident Documentation, State and Federal Compliance with automated submission. Incident Reporting – ePCR ePCR Incident Documentation, State and Federal Compliance with automated submission. Scheduling Manage staff schedules with an interactive shift board, configurable call shifts module, messaging, time-off and shift trades. Personnel Management Store, Manage and Access Employee Records including demographic data, certifications and employment information. Training Records Assign Training, Record Completions, View Training Logs, and Manage Certifications. Events & Activities Create Events, View Global Activity Log, and Access Global Calendar. Assets & Inventory Assets, vehicles, equipment and inventory management, assets and equipment checks, and work order management. Community Connect Online portal for residents and businesses to input critical occupant and property data that can be made available to Emergency Response Agencies during an incident. Locality Media, Inc. Agreement Aug 2024 Page 6 of 13  Motorola Flex/Spillman CAD Integration Receive CAD Data to support First Due Responder and Incident Reporting modules via sFTP utilizing the Motorola Flex First Due Fire RMS Export Training Integration w/ Third Party (Fire Engineering) Training Integration with Fire Engineering Essentials Online Training Package Up to 4 Hours Online Training with certified First Due Instructor Implementation and Configuration Services Services related to configuring and customizing the First Due Platform as described in the Statement of Work. One-Time Fees Subtotal $ 6,700.00 6-month Subscription Fees Subtotal $ 15,000.00 Grand Total $ 21,700.00 *Excluding Tax Statement of Work Please see attached Statement of Work detailing the Implementation, Training, Data Migration, Integrations, Customer Success Manager, Customer Support, and Assumptions for this Exhibit A – Quote. Terms and Conditions The above-listed Grand Total will be invoiced on or around the Subscription Start date. For subsequent annual periods, the Service fees are due and payable annually in advance on January 1st. Payment Terms: Net 30 days For electronic ACH payment: Wells Fargo Bank | ACH Routing Number: 121000248 |Account #: 4192384907 Locality Media, Inc. Agreement Aug 2024 Page 7 of 13  Statement of Work Locality Media, Inc. dba First Due For Quote Number: 1545132000316083952 107 Seventh St Garden City, NY 11530, United States Phone: +1 (516) 874-2258 Website: https://www.firstdue.com/ Statement of Work | Superior Fire Department 1. Introduction 1.1 Purpose The purpose of this Statement of Work (SoW) document is to clearly define the Implementation, Training, Data Migration, Integrations, Customer Success Manager, Customer Support, and Assumptions for Superior Fire Department (“Customer”) from Locality Media, Inc. dba First Due (“First Due”) for the purchased product(s) set forth in Exhibit A – Quote (“Purchased Products”) attached to the Agreement. 1.2 Scope: This SOW includes the configuration, optimization, and deployment of the Purchased Products with the goal of meeting the organizational needs of the Customer. 2. Implementation 2.1 Overview First Due utilizes a combination waterfall and iterative approach to implementation. This includes Discovery, Configuration, Optimization, Data Migration, Training, and Go-Live. 2.2 Implementation Resources • Implementation Manager: Project lead and go-to person, acting as the primary liaison between the Customer and the First Due project team. The Implementation Manager will develop and execute the project plan, manage communication, and ensure adherence to predefined timelines and quality standards. This individual is also responsible for helping to configure the core system and some of the more straightforward modules. • Implementation Product Specialist(s): While the Implementation Manager will lead the overall project, Product Specialists will be brought in to help configure and optimize specialty modules such as Fire Prevention, ePCR, Assets & Inventory, Training, Scheduling, and Reporting. They are product experts in First Due and are versed in industry best practices for their specific product specialties. Depending on the modules purchased and complexity, your project may be assigned 1-3 Product Specialists. • Technical Implementation Specialist: Responsible for managing data migration from your current vendor to First Due and the integration between First Due and CAD. The Technical Implementation Specialist Locality Media, Inc. Agreement Aug 2024 Page 8 of 13  team comes from a diverse background, ranging from database management to public safety software integration. • Customer Success Manager: As the point person after project completion, the Customer Success Manager (CSM) will be part of the implementation as an advocate and to ensure a seamless transition to support post go-live. During the Implementation they will regularly check-in to ensure progress is being made and help with the addition of new modules or scope from a commercial perspective. Post go-live, they will provide regular check-ins to ensure the Customer is adopting the Purchased Products and deriving value from them. • Training Manager: Responsible for developing and executing the training plan, with the goal of effective adoption of the Purchased Products by Customer. The Training Manager will be involved throughout the project to ensure they have the Customer specific knowledge to design the most effective training plan possible. 2.3 Implementation Phases 2.3.1 Discovery & Planning: Once the Project has been assigned, Customer will receive a set of tailored discovery questionnaires. Once filled out, the Implementation Manager will schedule a Project Kick-Off. During this meeting the Customer will receive access to the First Due platform, meet the project team and receive an initial product tour. The Implementation Manager will also provide an overview of the project plan, decide the meeting cadence, and formalize the next steps. CAD Integration and Data Migration planning meetings are also held during this phase, if required. These meetings will be led by the Technical Implementation Specialist. • Key Meeting(s): Project Kick-Off, CAD Kick-Off, Data Migration Planning • Milestone(s): Project Kick-Off, System Access • Customer Task(s): Fill Discovery Questionnaires • Deliverable(s): Welcome email, Initial Account Set-Up, System Logins Provided 2.3.2 Configuration: After planning is complete, the Implementation Manager will begin scheduling the Configuration sessions. Before each configuration session there will be some light prep work for the Customer to complete. Generally, there will generally be one (1) configuration session per module, but in cases where there is more complexity, there may be multiple. These sessions will be either be run by the Implementation Manager or the Implementation Product Specialist, depending on the module. • Key Meeting(s): Module Configuration Sessions (1-2 per module) • Milestone(s): N/A • Customer Task(s): Configuration Prep Work (per module) • Deliverable(s): Initial Module Configuration • Scope: All Purchase Products 2.3.3 Optimization: After the configuration is complete, the Customer will be provided with test work (module User Acceptance Testing (UAT)) to complete. Following the completion of the UAT work, Optimization Sessions will be held to review Customer feedback, correct any issues, and finalize the configuration of the module. There will generally be one (1) Optimization session per module, but in cases where there is more complexity, there may be multiple. Once a module is configured and optimized, the Customer will be provided a module sign-off document to review and sign. Note Configuration and Optimization sessions may run interchangeably to ensure the project stays on-track. • Key Meeting(s): Module Optimization Sessions (1-2 per module) • Milestone(s): Module Acceptance and Sign-Off (1 per module) • Customer Task(s): Optimization Prep Work (UAT per module) • Deliverable(s): Module Optimization resulting in Customer Acceptance • Scope: All Purchase Products Locality Media, Inc. Agreement Aug 2024 Page 9 of 13  2.3.4 Data Migration: Data Migration will occur through-out the project and can be summarized in three steps: (1) initial data migration at the beginning of the project required for configuration, (2) import of historical records, usually occurring throughout the project, and (3) final data migration immediately before go-live. First Due’s Data Migration team will review your legacy data environment and provide guidance on the best path to extract, map, and import the data into First Due. • Key Meeting(s): Data Migration Planning • Milestone(s): Data Migration Sign-Off • Customer Task(s): Extract or provide access to legacy data based on guidance from First Due Data Migration team, Data Mapping Assistance, review and approve data load. • Deliverable(s): Data Migration Plan, Data Mapping Assistance, Data Import 2.3.5 Training: As the project is in the final stages, the Training Manager will work with the Customer to arrange a training plan that will result in the successful adoption of the Purchased Products. Note that while Webinar Administrator training will occur during configuration and optimization sessions, the Training Manager will arrange formal Webinar and/or Onsite Train-the-Trainer and/or End User Training Session(s). Additive to the provided training, Customer will also have access to live weekly training academy sessions as well as on demand online training videos and training guides via the First Due Knowledgebase. • Key Meeting(s): Training Planning, Training Sessions • Milestone(s): Training Completed • Customer Task(s): Coordinate staff to be trained • Deliverable(s): Training Plan and Training Session(s) 2.3.6 Go-Live: Once all modules have been signed off and training has been arranged or completed, First Due will work with the Customer to kick-off the Go-live process. This includes: (1) Final System Acceptance, (2) Go-live planning meeting, (3) Final Data Migration, (4) Go-live, and (5) Post go-live implementation support. • Key Meeting(s): Go-live planning, Post Go-live Check-Ins • Milestone(s): System Acceptance, Go-live • Customer Task(s): Final Testing • Deliverable(s): Post Go-live Implementation Support (2-4 weeks) 2.3.7 Transition to Customer Success: Following the completion of the post go-live support period and assuming all critical implementation tasks are complete, Customer will be transitioned to their Customer Success Manager (CSM) and to the First Due Support team. • Key Meeting(s): Customer Success Transition Meeting • Milestone(s): Transition to Customer Success and Support • Customer Task(s): N/A • Deliverable(s): N/A 3. Training Training is an integral part of any successful implementation. First Due is focused on providing your agency adequate training to ensure effective user adoption of the platform. As part of this Statement of Work, the Customer shall receive: • Formal training as outlined in Exhibit A - Quote • Administrator Training as part of the Configuration / Optimization • Access to live First Due Academy Webinars • Access to online recorded training videos and guides via an interactive knowledgebase Any additional scope or detail related to Training will be listed below. Locality Media, Inc. Agreement Aug 2024 Page 10 of 13  4. Data Migration First Due understands the importance of data migration to our customers and has extensive experience working to migrate historical records into the platform. First Due will use best efforts to migrate applicable data from Customer’s existing systems utilizing data migration best practices. This includes: • Data Migration Planning Session • Assistance/Guidance in extracting data from existing system/s • Mapping extracted data to First Due import workbooks • Importing of Data into First Due The Data Migration scope of this Statement of Work will be to import legacy data from Customer existing systems in order for the Purchased Products to be operational. This includes operational data and historic records. Note that there are times when certain data is not seen as valuable to migrate to First Due. First Due and Customer will agree during the planning phase on what data needs to be migrated and priorities around data migration. 5. Integrations As part of this Statement of Work, First Due will Implement all integrations and relevant scope outlined in Exhibit A – Quote. Integrations will be implemented during the configuration and optimization phases outlined above. In most cases, these integrations will be aligned with the module they are related. The only exception to this is the CAD Integration which, if part of scope, will have its own dedicated session at the beginning of an implementation. Customer or complex integrations may follow this same exception and have their own sessions to implement. First Due will support these integrations post go-live. Note First Due is not responsible for outages, issues, and failures of 3rd Party Vendors. First Due will, however, always endeavor to work with Customer to resolve issues, regardless of responsibility. Any additional scope or detail related to Integrations will be listed below. 6. Customer Success Manager First Due understands the value of ongoing Customer Success activities post go-live. As part of this Statement of Work, Customer will receive a Customer Success Manager who will be the point person for Customer post go-live. Customer will receive regular check-ins to ensure the adoption of the Purchased Products. As part of the regular check-ins, the Customer Success Manager can help Customer with any major enhancements or issues, new feature updates, interest in other modules and additional training needs. 7. Customer Support A customer’s success is important to First Due and we understand having a reliable, knowledgeable Customer Support (or Support) team there to help is vital. Customer Support provides a central point of contact to ensure that all customer support requests are responded to and resolved. Below is a summary of the support components. 7.1 Contacting Customer Support Customer Support is a service provided to our customers when they have questions, requests, or issues with the Services. When Customer submits a support request, a Support Ticket (or Ticket) is created within First Due’s Support CRM and a unique ID (or ticket number) is assigned to track and document Customer’s support request. We offer a variety of channels to communicate with our Support team: • Online: https://support.firstduesizeup.com/portal/en/kb/first-due-community-connect-support • Email: support@firstdue.com • Phone: (516) 874-5818 Locality Media, Inc. Agreement Aug 2024 Page 11 of 13  7.2 Self-Service Resources First Due strives to provide useful, empowering self-service resources that are available 24/7 on our online Support Center. Our Knowledgebase contains step-by-step/how-to articles, FAQs, videos, best practices, etc. 7.3 Hours of Operation Customer Support hours of operation (Business Hours) are: • Monday to Friday, 9:00am – 6:00pm ET** • ** 24x7 Support available for Sev 1 (Down/Urgent) issues. 8. Assumptions 8.1 Customer Participation Every successful implementation requires adequate participation from the Customer. Although First Due is ultimately responsible for deliverables in the SoW, Customer agrees to attend the necessary calls and complete required preparatory work in order to help drive the project forward. At a minimum, Customer resources will be required for one (1) hour per week for meetings, and half an hour to one (0.5-1) hour of prep work per week by one or multiple individuals. Customer understands the importance of ensuring the correct Customer resources are available when required. 8.2 Statement of Work Expiration Excluding significant delays caused by the First Due team, this Statement of Work will expire within twelve (12) months of the Subscription Start Date as detailed in Exhibit A – Quote. In situations where the project is delayed for no fault of either party, First Due agrees to extend the term, only if there is an agreed plan to complete the project within the extension period. Note the term expiration does not apply to section 6 & 7 above and will not impact First Due’s ability to support the Customer post go-live. 8.3 Best Practice and Standard Workflow First Due intends to meet the organizational needs of the Customer and their respective software requirements by configuring the Purchased Products to closely align with existing workflows. Although First Due is incredibly flexible, there may be times when First Due recommends using standard functionality or best practice to ensure a timely implementation, and simplification of current process. These workflows may differ from Customer existing workflows. Customer understands the importance of collaboration to achieve the ultimate goal of successfully adopting the Purchased Products and is aware there may be changes to existing workflow to accomplish this. 8.4 Go-live Requirements & Gaps Over the course of the Implementation, both parties may uncover functionality gaps in the Purchased Products. Some of these gaps may have a material impact on the ability to implement or adopt the product. Gaps of this nature, deemed Go-Live Requirements, will be prioritized to ensure a timely go-live and project completion. However, in the case that certain features are not complete before go-live, they will be added to module and system signoffs as exceptions and will be completed within an agreed upon timeframe. Locality Media, Inc. Agreement Aug 2024 Page 12 of 13 Locality Media, Inc. Agreement Aug 2024 Page 13 of 13  Superior Fire Department Camron Vollbrecht, Fire Chief Phone: (715) 395-1680 Superior Fire Department FireDept4@ci.superior.wi.us 3326 Tower Avenue www.SuperiorWI.gov Superior, WI 54880 Public Safety Committee Date: November 21st, 2024 MEMORANDUM Date: November 18th, 2024 To: Public Safety Committee From: Camron Vollbrecht, Fire Chief RE: Acceptance of Hazmat Grant and Purchase of Equipment 1. Introduction: It has been requested by the Fire Department to accept a Wisconsin Department of Emergency Management (WEM) Hazmat Regional Emergency Response/WHMRS Equipment Grant to purchase hazmat equipment identifies in the grant for a total cost of $141,063.05. The WEM grant will reimburse the city for the total purchase cost as there is no local match required on the grant. Fire Chief Vollbrecht is requesting the Public Safety Committee recommend and approve the grant and purchase of the equipment and forward to the full City Council for approval. 2. Background: The State Hazmat Equipment Committee made recommendations to WEM on the equipment needs of the State Hazmat teams. WEM compiled their recommendations and issued a Notice of Funding Opportunity (NOFO) to the teams. Superior Fire department applied for and was awarded a grant to purchase the following equipment: • L3Harris XL-200M portable radio, cost $6,000.00 • Blackline G7C 5-gas air monitor, cost $2,963.05 • Gastec Deluxe Hazmat Kit, cost $3,500.00 • Gemini S1 FTIR/Raman Analyzer, cost $128,600.00 Total cost $ 141,063.05 3. Analysis/Discussion: The equipment awarded in the grant will replace aging hazmat equipment at the Superior Fire Department. The new equipment will enhance our ability to communicate with other state teams, identify unknown materials, and increase our air monitoring capabilities. The costs of the equipment are fully reimbursed through the WEM grant. 4. Budget Source: The equipment will be purchased through the departments hazmat budget and reimbursed through WEM. 5. Recommendation: I am recommending the City of Superior Fire Department accept the WEM grant and purchase the identified equipment for a total cost of $141,063.05. Approved:____________________________________ Date:__________________ Committee Chair Ledin Denied:______________________________________ Date:__________________ Committee Chair Ledin November 14, 2024 Robert Zimmerman, Battalion Chief City of Superior Fire Department 3326 Tower Avenue Superior, WI 54880-5331 RE: Hazmat Regional Emergency Response/WHMRS Equipment Grant - Superior Fire Portion WEM Grant Number: 2024-HRER-01-14028 Dear Robert Zimmerman: Congratulations! Wisconsin Emergency Management has approved a grant award to City of Superior in the amount of $141,063.05. These funds are from WEM’s Hazmat Regional Emergency Response available through the State of Wisconsin. This grant supports the City of Superior Hazmat Regional Emergency Response/WHMRS Equipment Grant - Superior Fire Portion project. As Project Director, you will be responsible for seeing that funds are administered according to the approved application materials in Egrants; all requirements, including reporting, outlined in the Funding Announcement; Terms and Conditions; and enclosed Grant Agreement. To accept this award, have the Authorized Official review and sign the award agreement. Once signed, return one copy to WEM via email to anita.smith@widma.gov, and keep a copy for your records. Please reach out to the WEM Grant Manager, Anita Smith, with any questions regarding your grant and responsibilities. We look forward to a collaborative working relationship with you. Sincerely, Greg Engle, Administrator Wisconsin Emergency Management  HRER WHMRS Equipment SFY2024 Hazmat Regional Emergency Response/WHMRS Equipment Grant - Superior Fire Portion 2024-HRER-01-14028 This subaward grant agreement (Agreement) is made by and between the Wisconsin Department of Military Affairs, Division of Emergency Management (WEM) and City of Superior (the Grantee) to establish the obligations the Grantee must assume in exchange for an award of funds in the amount of $141,063.05 under the Wis. Stat. §323.70(6)(m). WEM and City of Superior are referred to individually as a Party and collectively as the Parties. RECITALS WHEREAS, WEM is authorized to make funds (Grant Funds) available under the Hazmat Regional Emergency Response grant program as described in the Notice of Funding Opportunity; and WHEREAS, the Grantee applied to WEM for Grant Funds; and WHEREAS, WEM has approved the application and the Grantee desires to accept the Grant Funds; NOW THEREFORE, in consideration of the mutual promises set forth below and other considerations, the Parties agree as follows. TERMS AND CONDITIONS 1. The Recitals are incorporated by reference in this Terms and Conditions section of the Agreement. 2. The Notice of Funding Opportunity (NOFO) including all Terms and Conditions as provided or referenced, and the obligations set forth in them are made part of this Agreement by reference. 3. The submitted application as approved by WEM in Egrants is incorporated by reference in the Terms and Conditions section of this Agreement. 4. The Grantee shall administer the programs or projects within the grant period for which this grant is awarded and referenced in Exhibit A, in accordance with the applicable rules, regulations, limitations, and conditions set forth in Exhibit B which are made part of this Agreement by reference. 5. The individuals executing this Agreement represent that they have the authority to sign this Agreement on behalf of and bind their respective Parties. THE PARTIES, BY THE SIGNATURES BELOW, AGREE THAT THEY HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO BE BOUND BY THEM. Grantee Wisconsin Department of Military Affairs, Division of Emergency Management City of Superior (WEM) 11/14/2024 Greg Engle Date Jim Paine Date WEM Administrator Mayor  WEM Grant Agreement 2024-HRER-01-14028 Exhibit A – Approved Award Funding Authorization Information Funding authorization: Wis. Stat. §323.70(6)(m) Assistance Listing Number (ALN) or State Identification Number: 465.313 Notice of Funding Opportunity: HRER WHMRS Equipment SFY2024 Approved Award Information Award date: November 14, 2024 Grantee: City of Superior UEI: Hazmat Regional Emergency Response/WHMRS Equipment Grant - Superior Project Title: Fire Portion Grant Period: From November 18, 2024 To March 31, 2025 Grant Number: 2024-HRER-01-14028 Award Amount: $141,063.05 Project Director: Robert Zimmerman, Battalion Chief; City of Superior Fire Department Project Summary: This project is designed to fund the state hazmat teams in order to increase their capabilities through the purchase for replacement and upgrade of detection and identification equipment. Grantee Risk Rating Approved Award Budget Budget Cost Category Local Match Subaward Personnel Fringe Benefits Travel (Including Training) Equipment $134,600.00 Supplies & Operating Expenses $6,463.05 Consultants/Contractual Other Indirect Sum TOTAL APPROVED BUDGET $141,063.05  WEM Grant Agreement 2024-HRER-01-14028 Exhibit B – DMA/WEM Standard Terms & Conditions Article I. Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients and subrecipients must comply with any such requirements set forth in the program NOFO. Article II. Compliance with Award Terms and Conditions Submission of an application constitutes the recipient’s agreement to comply with and spend funds consistent with all the terms and conditions of this award. If DMA, WEM determines that noncompliance by the recipient cannot be remedied by imposing additional conditions, WEM may take one or more of the following actions, as appropriate in the circumstances: (a) Temporarily withhold cash payments pending correction of the deficiency by the recipient. (b) Disallow all, or part of, the cost of the activity or action not in compliance. (c) Wholly or partly suspend or terminate the award. (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180. (e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available. Article III. Recipient Responsibilities In accepting this financial assistance award (grant or cooperative agreement), the recipient assumes legal, financial, administrative, and programmatic responsibility for administering the award in accordance with the laws, rules, regulations, and Executive Orders governing grants and cooperative agreements, and these Award Terms and Conditions, including responsibility for complying with any provisions included in the award. Article IV. Order of Precedence Any inconsistency or conflict in the terms and conditions specified in this award will be resolved in accordance with the term or condition that is the stricter of the two. Article V. Adherence to Original Project Objectives and Budget Estimates The recipient is responsible for any commitments or expenditures it incurs in excess of the funds provided by an award. Pre-award costs are those incurred prior to the effective date of the award directly pursuant to the negotiation and in anticipation of the award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the award, and only with the written approval of the program authorizing official or delegate. Article VI. Acceptance of Post Award Changes In the event DMA determines that changes are necessary to the award agreement after an award has been made, including changes to period of performance or terms and conditions, subrecipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Article VII. Prior approval and modifications All activity and the corresponding incurred expenses must be approved and have a fully executed award agreement prior to conducting the activity and/or incurring the expense unless otherwise stated in the Notice of Funding Opportunity (NOFO). The following require WEM’s advanced written approval: i.Changes to key personnel ii.Changes to the grant period must be submitted prior to the approved end date of the grant. iii.Changes to the scope, objectives, performance measures and intent of the approved award. iv.Changes to the budget that do not fall within a change to the scope or objective but exceeds the approved budget categories by ten percent (10%) of the total award. WEM will notify the subrecipient in writing within 30 calendar days after receipt of the request for revision or adjustment whether the request has been approved. Upon approval, WEM will issue a signed Grant Adjustment Notification (GAN). All changes are not officially approved until the GAN is received by the subrecipient. Article VIII. Allowable activity and costs Only activity and expenses that are approved within the approved award’s application may be allowable for reimbursement by grant funds. All approved costs must be allowable, allocable, necessary and reasonable. To be allowable under a grant program, costs must match the sub-grant’s approved award and must comply with the following: (a) Be incurred and obligated (purchase order issued, class scheduled) within the performance period. (b) If incurred within the performance period, payment must be made within 30 days of the grant period end date and prior to submitting a request for reimbursement.  WEM Grant Agreement 2024-HRER-01-14028 Exhibit B – DMA/WEM Standard Terms & Conditions Article IX. Project Income All income generated as a direct result of a grant-funded project shall be deemed project income. Project income must be used for the purpose and under the conditions applicable to the award. Project income should be used as earned and accounted for in your reimbursement request. Article X. Duplication of Benefits Any cost allocable to a particular financial assistance award provided for may not be charged to other financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude subrecipients from shifting costs that are allowable under two or more awards in accordance with existing statutes, regulations, or the financial assistance award terms and conditions. Article XI. Procurement Recipients and subrecipients shall use their own procurement procedures and regulations, provided that the procurement conforms to applicable Federal, state, local, and tribal laws and procurement standards. Under Wis. Stat. § 16.73, the State of Wisconsin’s Department of Administration (DOA) is able, upon request, to provide technical purchasing information such as standard forms, manuals, product specifications, standards, and contract templates. Article XII. Travel expenses Recipients and subrecipients shall use their own travel policy and procedures, provided that the policy and procedure conform to applicable state law and federal law if not otherwise stated in the Notice of Funding Opportunity. Article XIII. Equipment and supplies Equipment and supplies must be received and placed into inventory before the end date of the grant. All personnel who utilize equipment purchased with funds from this grant must receive training either through the equipment vendor or other competent source specific to that piece of equipment before it is put into service. The sub-recipient is required to maintain proper training and inventory records for the appropriate retention period. Article XIV. Acknowledgement of Funding from WEM Recipients and Subrecipients must acknowledge their use of 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 grant funds. Article XV. Payments and closeout Grant funds will be paid on a reimbursement basis only and disbursed by WEM upon completion of and approval of all monitoring requirements including Program Report(s), Fiscal Report(s), and satisfaction of Special Conditions as well as verification to the best of WEM’s ability that all terms, conditions and requirements have been met. If DMA/WEM determines that payment to the subrecipient was not proper after the payment has been made, WEM will notify the subrecipient of recoupment in writing in which the subrecipient has 30 days to repay WEM or appeal the decision. Article XVI. Monitoring (a) Subrecipients must complete all required reporting and special conditions as stated in the NOFO, in the grant management system (Egrants), and upon the request of WEM officials. (c) Subrecipients must submit timely, complete, and accurate reports to the appropriate WEM officials and maintain appropriate backup documentation to support the reports for the appropriate retention period. (d) Subrecipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. Article XVII. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. Wis. Stats. § 19.62 (5) Personally Identifiable Information (PII) means information that can be associated with a particular individual through one or more identifiers or other information or circumstances. This includes, but is not limited to, Driver License Numbers, Social Security Numbers, Addresses, Telephone numbers, Credit Card information and/or bank account information. Article XVIII. Maintaining, retaining and access to records All recipients, subrecipients, successors, transferees, and assignees must comply with applicable provisions governing access to records, accounts, documents, information, facilities, and staff. (a) Subrecipients must maintain official grant records of all grant related activity, adherence to grant requirements, and grant funded costs. This includes but is not limited to documentation of actual time and  WEM Grant Agreement 2024-HRER-01-14028 Exhibit B – DMA/WEM Standard Terms & Conditions effort of any personnel, materials, supplies, travel expenses, inventory records, management of assets, rational and justification to support any split allocation of costs, and any other records that support the allowability of expenditures of grant funds. (b) Subrecipients must cooperate with any compliance reviews or compliance investigations conducted by the State of Wisconsin, Department of Military Affairs and/or Wisconsin Emergency Management. (e) Subrecipients must give access to examine and copy records, accounts, and other documents and sources of information related to the financial assistance award and permit access to facilities or personnel. Article XIX. Nondiscrimination In connection with the performance of work under this agreement the grantee agrees not to discriminate against any employee or grantee for employment because of age, race, religion, color, handicap, sex, physical condition, or developmental disability as defined in Wis. Stats. § 51.01(5), arrest or conviction record, sexual orientation, as defined in Wis. Stat. § 111.32(13m), or national origin, or ancestry, or marital status. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. Except with respect to sexual orientation, the Grantee further agrees to take affirmative action to ensure equal employment opportunities. The Grantee agrees to post in conspicuous places, available for employees and Grantees for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. The recipient shall comply with Section 504, rehabilitation Act of 1973 which prohibits discrimination on the basis of a physical condition or handicap and the Age Discrimination Act of 1975, which prohibits discrimination because of age. Article XX. Liability The State of Wisconsin and the Department of Military Affairs, Wisconsin Emergency Management, its agents and employees shall not be liable to the subrecipient, or to any individuals or entities with whom the subrecipient contracts for any direct, indirect, incidental, consequential, or other damages sustained or incurred because of activities, actions or inactions on the part of the subrecipient for services rendered pursuant to the Award Agreement. The subrecipient agrees to indemnify and save and hold the Department of Military Affairs, Wisconsin Emergency Management, its agents and employees harmless from all claims or causes of action arising from the performance of this award by the subrecipient or subrecipient’s agent or employees. Article XXI. Establishment of safeguards The recipient shall ensure the establishment of safeguards to prevent employees, consultants, or members of the governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties as specified in Wisconsin Statutes § 946.10 and § 646.13. Article XXII. Termination of Agreement. Any termination of this grant award shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. This grant award may be terminated in whole or in part as follows: (a) DMA/WEM may terminate this grant award at any time for cause by delivering thirty (30) days written notice to the recipient. Upon termination, the awarding agency’s liability will be limited to the pro rata cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the awarding agency. (b) DMA/WEM may terminate this grant award at will effective upon delivery of written notice to the recipient, under any of the following conditions: (i) If the awarding agency’s funding from federal, state, or other sources is not obtained and/or continued at levels sufficient to allow for purchases of the indicated quantity of services, the grant may be modified to accommodate a reduction or increase in funds. (ii) If federal or state laws, rules, regulations, or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this grant or are no longer eligible for the funding proposed for payments by this grant. (iii) If any license or certification required by law or regulation to be held by the recipient to provide the services required by this grant award is for any reason denied, revoked, or not renewed.