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<br />PART V ASSURANCES
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<br />The Applicant hereby assures and certifies compliance with all statutes, regulations, policies. guidelines and requirements including OMB
<br />Circulars No. A-21. A-122. A.128, A.ll0, A.l02. and A-87. as Ihey relate to the application, acceptance and use oflederaUstatelunds,lorIhis lederally
<br />or state....ssisted 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's 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.
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<br />2, II wlll comply with Tille VI of the Civil Rights Act of 1964 (P. L. 88-352)
<br />and in accordance with Title VI arthat Act, no person in the United States
<br />shall, on the ground of race, color, or national origin, be excluded from
<br />participaUon in, be denied the benefits of, or be otherwise subjected to
<br />discrimination under any program or activity for which the applicant
<br />receives Federal Financial assistance and will immediatety take any
<br />- measures. necessary 10 effectuate this agreement.
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<br />3, It will comply with nle VI of the Civil Rights Act of 1964 (42 USC 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 resurt in unequal treatment of persons who are or should be
<br />benefiting from the grant-aided activity,
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<br />4. It will comply with requirements ofthe provisions of the Uniform Relocation
<br />Assistance and Real Properly Acquisllions Act 011970 (P, L. 91-646)
<br />which provides for fair and equitable treatment of persons displaced as a
<br />result of Federal and federally assisted programs.
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<br />5. It will a:.mply with the minimum wage and maximum hours provisions of
<br />the F~ral Fair Labor Standards Act, as they apply to hospital and
<br />educabDnal institution employees of State and local governments.
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<br />6. It will establish safeguards to prohibit employees from using their positions
<br />for a purpose that is or grves the appearance of being motivated by a desire
<br />for private gain 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 arcess to and the right to examine all
<br />records, books, papers, or documents related to the grant.
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<br />8, 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 supervision
<br />'Nhich shall be utilized in the accomplishment of the project are not listed
<br />on the Environmental Protections Agency's (EPA) list of Violating Facili-
<br />ties and that it will notify the Federal grantor agency of the receipt of any
<br />communication from the Director of the EPA Office of Federal ActMties
<br />indicating that a facility to be used in the project is under constderation for
<br />listing by the EP A,
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<br />10. It will comply with the flood insurance purchase requirements of ~ 102 (a)
<br />of the Flood Disaster Protection Act 011973, Public Law 93-234, 87 Stat.
<br />975, approved December 31, 1976. Section 102 (a) requires, on and after
<br />March 2, 1975, the purchase of flood insurance in communities 'Nflere
<br />such insurance is available as a condition for the receipt of any Federal
<br />financial assistance for 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 flood haz-
<br />ards.
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<br />The phrase "Federal financial assistance" includes any form of loan,
<br />grant, guaranty, insurance payment, rebate, subsidy, disaster assistance
<br />loan or grant, or any other form of direct or indirect Federal assistance.
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<br />11. It will assist the Federal grantor agency in its compliance 'With ~ 106 of the
<br />Nolional Historic Preservation Act of 1966 as amended (16 U, S, C. 470),
<br />Executive Order 11593, and the Archeological and Historic Preservation
<br />Act of 1966 ( 16 U, S, C, 4690.1 et seq,) by (a) consu~in9 with the State
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<br />Historic Preservation Officer on the conduct of investigations, as neces-
<br />sary, to identity properties listed in or eligible for incluston in the National
<br />Register of Histone Places that are subject to adverse effects (see 36 CFR
<br />Part BOO.8) by the activity, and notifying the Federal grantor agency 01 the
<br />existence of any such properties, and by (b) complying 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 comply with the Uniform Grant and Contract Managements Stan.
<br />dards (UGCMS) developed under the directive of the Uniform Grant and
<br />Contract Management Act, Chapter 163, Texas Government Code.
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<br />13. It, jf 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 specified for the purposes of those departments.
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<br />14. In the event a federal or state court or federal or state administrative
<br />agency makes a finding of discrimination after a due process hearing, on
<br />the ground of race, color, religton, national origin, sex, age, or disability
<br />against the project, the recipient will forward a copy of the finding to the
<br />Criminai JustJce Division (CJD) and the Office 01 Civil Rights. Office of
<br />Justice Programs.
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<br />15. It will comply, and assure the compliance of all its subgrantees and
<br />contract""" with the applicable provisions 01 rille I 01 the Omnibus Crime
<br />Control and Sare Slreels Act 011968, as amended. the Juvenile Justice
<br />and Delinquency Prevention Act, or the VICtims of Crime Act, as appropri-
<br />ate; the provisions of the current edition 01 the OfflCO 01 Justice Programs
<br />Financial and Administrative Guido lor Grants. M 7100. 1; and all other
<br />applicable federal laws, orders, circulars, or regulations.
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<br />16. It will comply with the provisions 0128 CFR applicable to grants and
<br />cooperative agreements including Part 1 S, Administrative Review Prace.
<br />dure; Part 20, Criminal Justice inlonnalion Systems; Part 22, Confidenti.
<br />ality of Identifiable R....rch and Statistlcallnforrnation; Part 23, Criminal
<br />Intelligence Systems Operating Policies; Part 30. Intergovernmental
<br />Review of Department of Justice Programs and Activities; Part 42,
<br />Nondiscrimination/Equal Employment Opportunity Policies and Proce-
<br />dures; part 61, procedures for implementing the National Environmental
<br />Policy Act; Part 63, Floodplain Management and Wetland protection
<br />Procedures; and federal laws or regulations applicable to Federal Assis-
<br />tance Programs.
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<br />17. It will comply, and aU its contractors will comply, with the nondiscrimination
<br />requirements of the Omnibus Crime Control and Safe Streets Act of 1968,
<br />as amended. 42 USC 3789(d), the Juvenile Justice and Delinquency
<br />Prevention Act, or the VIctims 01 Crime Act (as appropriate); rltle VI 01 the
<br />Civil Rights Act 011964, as amended; Section 504 olthe Rehabilitation Act
<br />of 1973, as amended; Subtitle A, Tile II of the Americans with Disabilities
<br />Act (ADA) (1990); rltle IX 01 the Education Amendments of 1972; the Age
<br />Discrimination Act of 1975; Department of Justice Non-Discrimination
<br />Regulations, 28 CFR Part 42, Subparts C, D ,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 ~ for $SOO,ooo or more,
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<br />19. It will comply with the provisions of the Coastal Barrier Resources Act
<br />(P,L. 97-348) dated October 19, 1982 (16 USC 3501 e1 seq,). which
<br />prohibits the expenditure of most new lederal funds within the un~s 01 the
<br />Coastal Bonier Resources System.
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<br />20. It will comply with the provisions 01 the Hatch Act which Iim~ the polllical
<br />actMty of employees of a state or local unit of government whose principal
<br />employment is in connection with an activity financed in whole or in part
<br />by lederal grants, (5 USC 1501, e1 seq.)
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<br />ClD-15
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<br />Issued lO/94
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