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FULL PACKET_2020-09-15
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FULL PACKET_2020-09-15
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Clerk of the Council
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9/15/2020
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ORI CA03019 -Award 202OULW X0021 -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 />L•J <br />
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