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Article 11 Communication and Cooperation with the Department of Homeland Security
<br />and Immigration Officials (1) All recipients and other recipients of funds under this
<br />award must agree that they will comply with the following requirements related to
<br />coordination and cooperation with the Department of Homeland Security and immigration
<br />officials: (a) They must comply with the requirements of 8 U,S.C. §§ 1373 and 1644.
<br />These statutes prohibit restrictions on information sharing by state and local government
<br />entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of
<br />any individual, Additionally, 8 U.S.C. § 1373 prohibits any person or agency from
<br />prohibiting, or in any way restricting, a Federal, State, or local government entity from
<br />doing any of the following with respect to information regarding the Immigration status of
<br />any individual:1) sending such Information to, or requesting or receiving such information
<br />from, Federal immigration officials; 2) maintaining such information; or 3) exchanging
<br />such information with any other Federal, State, or local government entity; (b) They must
<br />comply with other relevant laws related to immigration, including prohibitions on
<br />encouraging or inducing an alien to come to, enter, or reside in the United States in
<br />violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on transporting or moving
<br />Illegal aliens, 8 U.S,C. § 1324(a)(1)(A)(II), prohibitions on harboring, concealing, or
<br />shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(11i), and any applicable
<br />conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) That they
<br />will honor requests for cooperation, such as participation in joint operations, sharing of
<br />information, or requests for short terra detention of an alien pursuant to a valid detainer. A
<br />jurisdiction does not fail to comply with this requirement merely because it lacks the
<br />necessary resources to assist In a particular instance; (d) That they will provide access to
<br />detainees, such as when an immigration officer seeks to interview a person who might be
<br />a removable alien; and (e) That they will not leak or otherwise publicize the existence of
<br />an immigration enforcement operation. (2) The recipient must certify under penalty of
<br />perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS, that it
<br />will comply with the requirements of this term. Additionally, the recipient agrees that it will
<br />require any subrecipients or contractors to certify in the same manner that they will
<br />comply with this term prior to providing them with any funding under this award. (3) The
<br />recipient agrees that compliance with this term is material to the Government's decision
<br />to make or continue with this award and that the Department of homeland Security may
<br />terminate this grant, or take any other allowable enforcement action, if the recipient fails
<br />to comply with this term.
<br />Article 12 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or
<br />402 to any work first produced under federal awards and also include an
<br />acknowledgement that the work was produced under a federal award (including the
<br />federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200,315, a
<br />federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable right to
<br />reproduce, publish, or otherwise use the work for federal purposes and to authorize
<br />others to do so.
<br />Article 13 Debarment and Suspension Recipients must comply with the non -procurement
<br />debarment and suspension regulations implementing Executive Orders 12549 and 12689
<br />set forth at 2 C.F.R. Part 180 as Implemented by DHS at 2 C.F.R. Part 3000. These
<br />regulations prohibit recipients from entering into covered transactions (such as
<br />subawards and contracts) with certain parties that are debarred, suspended, or
<br />otherwise excluded from or ineligible for participation in federal assistance programs or
<br />activities.
<br />Article 14 Drug -Free Workplace Regulations Recipients must comply with drug -free workplace
<br />requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part
<br />3001, which adopts the Government- wide implementation (2 C.F,R. Part 182) of the
<br />Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101-6108).
<br />Article 15 Duplicative Costs Recipients are prohibited from charging any cost to this federal
<br />award that will be included as a cost or used to meet cost sharing requirements of any
<br />other federal award In either the current or a prior budget period. See 2 C.F.R. §
<br />200.403(f). However, recipients may shift costs that are allowable under two or more
<br />federal awards where otherwise permitted by federal statutes, regulations, or the federal
<br />award terms and conditions.
<br />DHS-FEMA-HSGP-SHSP-FY25 Page 33 of 65 Kittitas County, E26-350
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