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ORI WA03103-Award 2020UMWX0068-Award Terms and Conditions 2020-CHP-Page 14 of 16 <br /> NOTE:This grant condition is established under the COPS Office's broad authority and discretion to award and <br /> administer grants. See,e.g.,34 U.S.C. § 10381,et seq. This condition applies only to state or local government entities <br /> or to non-state or local government entities that make subawards with these funds to a state or local government <br /> entity. <br /> State or local government entity recipients of this award,and any subrecipient of this award at any tier that is an <br /> entity of a State or of a unit of local government,may not obligate or expend award funds if—at the time of the <br /> obligation or expenditure—the"program or activity"of the recipient funded in whole or in part with the award funds <br /> (which includes any such program or activity of any subrecipient at any tier) is subject to any prohibitions or <br /> restrictions on sending to,requesting or receiving from,maintaining,or exchanging information regarding citizenship <br /> or immigration status with components of the U.S.Department of Homeland Security or any federal,state or local <br /> government entity,as generally described in 8 U.S.C. 1373(a)or(b).This includes any prohibitions or restrictions <br /> imposed or established by a state or local government entity or official. <br /> A subrecipient of this award(at any tier)that is an entity of a State or of a unit of local government may not obligate <br /> or expend award funds if—at the time of the obligation or expenditure—the"program or activity"of the subrecipient <br /> (which includes any such program or activity of any subrecipient at any further tier)funded(in whole or in part)with <br /> award funds is subject to any prohibitions or restrictions on sending to,requesting or receiving from,maintaining,or <br /> exchanging information regarding citizenship or immigration status with components of the U.S.Department of <br /> Homeland Security or any federal,state or local government entity,as generally described in 8 U.S.C. 1373(a)or(b). <br /> This includes any prohibitions or restrictions imposed by a state or local government entity or official. <br /> Any obligations or expenditures of a recipient or subrecipient that are impermissible under this condition shall be <br /> unallowable costs for purposes of this award. <br /> Rules of Construction.For purposes of this condition,"program or activity"means what it means under section 606 <br /> of title VI of the Civil Rights Act of 1964(42 U.S.C.2000d-4a). <br /> References to the Immigration and Naturalization Service in 8 U.S.C. 1373 are to be read,as a legal matter,as <br /> references to particular components of the U.S.Department of Homeland Security. <br /> Should any provision of a condition of this award be held to be invalid or unenforceable by its terms,then that <br /> provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law(to any <br /> person or circumstance)under this award. Should it be held, instead,that a condition(or a provision thereof)is of <br /> utter invalidity or unenforceability,such condition(or such provision)shall be deemed severable from this award. <br /> Any questions about the meaning or scope of this condition should be directed,prior to acceptance of this award,to <br /> the Office of Community Oriented Policing Services Legal Division at 202-514-3750. <br /> 26.Contracts and/or MOUs with other Jurisdictions <br /> Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit <br /> your agency and the population that it serves.The items funded under the CHP award cannot be utilized by other <br /> agencies unless the items benefit the population that your agency serves.Your agency may use items funded under <br /> the CHP award to assist other law enforcement agencies under a resource sharing,mutual aid,or other agreement to <br /> address multi jurisdictional issues as described in the agreement. <br /> ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING <br />