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<br />PART V ASSURANCE~
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<br />The Applicant hereby assures and certifies compliance with all statutes, regulations, policies, guidelines and requirements including OMB
<br />Circul,lfs No. A-21,A.122. A.128, A.110, A.102. and A.a7, <lIS they relate to the application. acceptance and use orleder.Vstate funds for this federally
<br />or state....sslsted project. Also the Applicant assures and certifies that:
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<br />1. It possesses legal authority to apply for the grant; that a resolution,
<br />motion Or similar action has been duly adopted or passed as an offiCial
<br />act of the applicant'. governing body, authorizing the filing of the
<br />application including all understandings and assurances contained
<br />therein, and directing and authorizing the person identified as the official
<br />representative of the applicant to act in connection with the application
<br />and to provide such additional information as may be required.
<br />
<br />2. It will comply with Trtle VI ofthe Civil Right. Act of 1964 (P. L. ~2)
<br />and in accordance with Title VI of that Act, no person in the United States
<br />shall, on the ground of race, color, or national origin, be excluded from
<br />participation in, be denied the benefits of, or be otherwise subjected to
<br />discrimination under any program or actMty for which the applicant
<br />receives Federal Financial assistance and will immediately take any
<br />measures necessary to effectuate this agreement.
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<br />3. It will comply with Tille VI of the Civil Rights Act of 1964 (42 use 2000d)
<br />prohibiting employment discrimination where (1) the primary purpose of a
<br />grant is to provide employment or (2) discriminatory employment prac-
<br />tices will result in unequal treatment ot persons who are or should be
<br />benerlting from the grant-aided activity.
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<br />4. rt will comply with requirements of the provisions of the Untform Relocation
<br />Assistance and Real Properly Acqui.ition. Act of 1970 (P. L, 91-646)
<br />which provides for fair and equitable treatment of per$OI1' displaced a. a
<br />result of Federal and federally assisted programs.
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<br />5. It will comply with the minimum wage and maximum hours provisions of
<br />the Federal Fair Labor Standard. Act, a. they apply to hospital and
<br />educational inslltution employees of Slate and local governments.
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<br />6, It will eslablish safeguard. to prohibit employees from using their positions
<br />for a purpose that Is or gives the appearance of being motiYllted by a desire
<br />for private galn for themselves or others, particularly those with whom they
<br />have family, business, or other ties.
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<br />7. It will give the sponsoring agency or the Comptroller General through any
<br />authorized representative the access to and the right to examine all
<br />record., books, papers, or documents related to the grant,
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<br />6, It will comply with all requirements imposed by the Federal sponsoring
<br />agency concerning special requirements of law, program requirements,
<br />and other administrative requirements.
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<br />9, It will insure that the facilities under its ownership, lease or .upervision
<br />which shall be utilized in the accomplishment of the project are not listed
<br />on the Environmenlat Proteclions Agency'. (EPA) iist of VIOlating Facil~
<br />ties snd that n will notify the Fedenll grantor agency of the receipt of any
<br />communication from the Director of the EPA Office of Federal Activities
<br />indicating that a facility to be uaec:t In the project is under consideration for
<br />Iistlng by the EPA,
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<br />10. It will comply with the flood Insurance purchase requirements of S 102 (a)
<br />of the Flood Disaster Protection Act or 1973, Public Law 93-234, 87 Slal.
<br />975, approved December 31, 1976. Section 102 Ca) requires, on and aner
<br />March 2, 1975, the purchase of tk:lod insurance in communities where
<br />such insurance is available as a condition for the receipt of any Federal
<br />financial assistance fO( construction or acquisition purposes for use in any
<br />area that has been identified by the Secretary of the Department of
<br />Housing and Urban Development as an area having special noed haz.
<br />ards.
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<br />The phrase "Federal financial assistance" includes any fann ot loan,
<br />grant, guaranty, insurance payment, rebate, subsidy, disaster assistance
<br />loan or grant, or any other form of direct or indirect Federal assJstance.
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<br />I 1. It will assist the Federal grantor agency in its compliance with S 106 of the
<br />National Historic Preservation Act of I 966 a. amended Cl 6 U. S. C. 470),
<br />Executive Order 11593, and the Archeological and Histol1e Preservation
<br />Act of 1966 (16 u. S. C. 469a.l et seq.) by (a) con.ulting with the Slale
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<br />Histone Preservation Officer on the conduct of investigations, as neees.
<br />sary, to identity properties listed in or eligible for inclusion in the National
<br />Register ot Historic Places that are subject to adverse effects (see 36 CFR
<br />Part 800.8) by the activity, and notifying the Federal grantor agency of the
<br />existence of any such properties, and by (b) compkying with all require-
<br />ments established by the Federal grantor agency to avoid or mitigate
<br />adverse effects upon such properties.
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<br />12. It will compfy with the Unifo"" Grant and Contract Managements Stan-.
<br />dard. (UGCMS) developed under the directive of the Unifonn Grant and
<br />Contract Manegement Act, Chapter 183, T.... Government Code,
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<br />13. It, it a county, has taken or will take all action necessary to provide the
<br />Texas Department of Criminal Justice and the Department of Public
<br />Safety any criminal history records maintained by the county in the
<br />manner 'pecifled for the purposes of those department., .
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<br />14. In the event a federal 0( state court or federal or state administrative
<br />agency makes a nnding of discrimination an" a due process hearing, on
<br />the ground of race, color, religion, nationaJ origin, sex, age, or disability
<br />against the project, the recipient will forward a copy ot the finding to the
<br />Criminal Justice OMsion (CJO) and the Office of CMI Rights, Office of
<br />Justice Programs.
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<br />15. It will comply, and assure the compliance of sU its subgrantees and
<br />contractOB, with the applicable provisions of Tille I of the Omnibus Crime
<br />Control and Safe Streets Act of 1968, as amended, the Juvenlle Justice
<br />and Delinquency Prevention Act, or the VICtims of Crtme Act, as appropri-
<br />ate; the provisions of the current edition of the 0II\ce of Justice Program.
<br />Financial and Adminislratlve Guide for Grants, M 7100, 1; and all other
<br />applicable federal laws, ordora, circulars, or regulatlons.
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<br />16. It will comply with the provleions of 28 CFR applicable to grants and
<br />cooperative agreements including Part 18, Administrative Review Proce-
<br />dure; Part 20, Criminal Justlct information System.; Part 22, Confidenti-
<br />ality of Identifiable R....rch and Slatisticallnformation; Part 23, Criminal
<br />Intelligence Systeme Operating Policies; Part 30, Intergovemmental
<br />Review of Department of Justice Program. and Acllvities; Part 42,
<br />NondiscliminationlEqual Employment Opportunity Policies and Proce-
<br />duree; part 61, procedures for implementing the National Environmental
<br />Policy Act; Part 63, Floodplain Management and Weiland protection
<br />Procedures; and federal laws or regulatlons applicable to Federal Assis-
<br />tance Programs.
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<br />17. It will comply, and all its contractOB will comply, with the nondiscrimination
<br />requirements of the Omnibus Crime Control and Safe Street. Act of I 968,
<br />a. amended, 42 use 3789(d), the Juvenile Justice and Delinquency
<br />Prevention Act, or the VICtim. of Crime Act (a. appropriate); nle VI of the
<br />Civil Rights Act of 1964, a..mended; Section 504 of the Rehabilitation Act
<br />of 1973, as amended; Subtitle A, Ti~ II of the Americans with Disabilities
<br />Act (ADA) (I 990); Tille IX of the Education Amendments of I 972; the Age
<br />Discrimination Act of 1976; Department of Justice Non-Oisclimination
<br />Regulation., 28 CFR Pert 42, Subparts C, 0 ,E, and G; and the Depart-
<br />ment of Justice regulations on disability discrimination, 28 CFR Part 35
<br />and Part 39.
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<br />18. It will provide an Equal Opportunity Program If required to maintain one,
<br />where the application i. for S5OO,ooo or more.
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<br />19. It will comply with the provision. of the Coastal Barrier Resources Act
<br />(P.L. 97-348) dated October 19, 1982 (16 use 3501 el seq.), which
<br />prohibits the expenditure of most new federal fund. within the uoft. of the
<br />Coastal Barrier Resources System,
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<br />20, It will comply with the provision. of the Hatch Act which limn the poiftical
<br />activity of employees of a state or local un~ of government whose principal
<br />employment Is in connection with an activity financed in whole or In part
<br />by federal grants. (5 use 1501, et seq.)
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<br />CJD.15
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<br />h.alf"n l()/QJ.
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