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<br />ATPA.., <br /> <br />PART V <br /> <br />ASSURANCES <br /> <br />The Applicant hereby assures and certifies that he will comply with the regulation, policies, guidelines a <br />requirements including OMS Circulars No. A-122, A-110, A-102, and A-B7, as they relate to the applicatir <br />acceptance and use of Federal funds forthis federally-assisted project. Also the Applicant assures and certifie~ <br />Ihe grant that: <br /> <br />1. It possesses legal authority to apply lor the grant; that a <br />resolution, mction or similar action has been duly adopted or <br />passed as an official act 01 the applicanl's goveming body, <br />authorizing the filing 01 the application including all under- <br />standi nos and assurances contained therein. and directing <br />and authorizing the person identified as the official represen- <br />tative ofthe applicant to act inconnectionwith the application <br />and to provide such additional inlormation as may be reo <br />quired. <br /> <br />2_ It will comply with Title VI of the Civil Rights Act of 1964 (P. <br />L. 6B-352) and in accordance wijh Title VI of that Act, no <br />person in the Unijed States shall, on the ground of race, color. <br />or national crigin. be excluded from panicipation in, be <br />denied the benems of. or be otherwise subjected to discrimi- <br />nation under any program or activity for which the applicant <br />receives Federal Financial assistance and will immediately <br />take any measures necessary to effectuate this agreement. <br /> <br />3. It will comply with Tijle VI of the Civil Rights Act of 1964 (42 <br />USC 2000d) prohiMing employment discrimination where <br />(1) the primary purpose of a grant is to provide employment <br />or (2) discriminatory employment practic~s will result in <br />unequal treatment of persons who are or should be benefrting <br />from the grant-aided activity. <br /> <br />4. It will comply with requirements of the provisions of the <br />Uniform Relocation Assistance and Real Propeny Acquisi- <br />tions Act of 1970 (P. L. 91-646) which provides for fair and <br />equitable treatment of persons displaced as a result of <br />Federal and lederally assisted programs. <br /> <br />5. It will comply w~h the provisions of the Hatch Act which limit <br />the political activity of employees. <br /> <br />6. It will comply with the minimum wage and maximum hours <br />provisions of the Federal Fair Labor Standards Act, as they <br />apply to hospital and educational instijution employees of <br />State and local govemments. <br /> <br />7. It will establish saleguards to prohibit employees from using <br />their positions for a purpose that is or gives the appearance <br />of being motivated by a desire for private gain for themselves <br />or others. paniculariy those with whom they have family, <br />business, or other ties. <br /> <br />b. It will give the sponsoring agency or the ComptrollerGeneral <br />through any authorized representative the access to and the <br />right to examine all records, books. papers. or documents <br />related to the grant. <br /> <br />9. It will comply with all requirements imposed by the Fede" <br />sponsoring agency conceming special requirements 01 lay. <br />program requirements. and other administrative require <br />ments. <br /> <br />10. It will insure that the facilities under its ownership. lease c <br />supervision which shall be utilized in the accomplishment c <br />the project are not listed on the Enyironmental Protecticr, <br />Agency's (EPA) list of Violating Facilities and that it will nc!;; <br />the Federal grantor agency of the receipt 01 any commun <br />cation form the Director of the EPA Office of Federal Activ, <br />ties indicating that a lacility to be used in the project is und€ <br />consideration for listing by the EPA. <br /> <br />11. It will comply wijh the flood insurance purchase requirement <br />of ~ 102 (a) 01 the Flood Disaster Protection Act of 1972 <br />Public Law 93-234, B7 Stat. 975, approved December 3 ~ <br />1976. Section 102 (a) requires, on and after March 2.1975 <br />the purchase of flood insurance in communities where suc: <br />insurance is available as a condition for the receipt of an, <br />Federallinancial assistance for construction or acquisitiof <br />purposes for use in any area that has been identified by thE <br />Secretary of the Depanment of Housing and Urban Develop. <br />ment as an area having specialllood hazards. <br /> <br />The phrase "Federallinancial assistance" includes any fCfr,- <br />of loan, grant, guaranty, insurance payment, rebate, subsidy <br />disaster assistance loan or grant, or any other 10rm of direc <br />or indirect Federal assistance. <br /> <br />12. It will assist the Federal grantor agency in its compliance witt <br />~ 106 of the National Historic Preservation Act of 1966 a~ <br />amended (16 U. S. C. 470). Executive Order 1 1593. and thE <br />Archeological and Historic Preservation Act of 1966 ( 16 U <br />S. C. 469a-l et seq.) by (a) consulting with the State Historic <br />Preservation Officer on the conduct of investigations, e~ <br />necessary, to identify propenies listed in or eligible fo <br />inclusion in lhe National Register of Historic Places that arE <br />subject to adverse effects (see 36 CFR Part BOO.B) by thE <br />activity, and notifying the Federal grantor agency of thE <br />existence of any such properties, and by (b) complying win <br />all requirements established by the Federal grantor agenc: <br />to avoid or mitigate adverse effects upon such properties. <br /> <br />13. It will comply wijh the Uniform Grant and Contract Manage. <br />ments Standards (UGCMS) developed under the directive 0 <br />the Uniform Grant and Contract Management Act of 1961 <br />Texas Civil Statutes, Article 44 13 (32g). <br /> <br />14. It, il a county, has taken or will take all action necessary 1C <br />provide the Texas Depanment of Criminal Justice and thE <br />Depanment of Public Safety any criminal history record~ <br />maintained by the county in the manner specified lor the <br />purposes of those departments. <br />