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<br />
<br />PART V
<br />ASSURANCES
<br />
<br />The Applicant hereby assures and certifies that he will comply with the regulation, policies, guidelines and
<br />requirements including OMS Circulars No. A-122, A-110; A-102, and A-S7, as they relate to the application,
<br />acceptance and use of Federal funds forthis federally-assisted project. Also the Applicant assures and certifies to
<br />the grant that:
<br />
<br />1. It possesses legal authority to apply lor the grant; that a 9.
<br />resolution, motion or similar action has been duly adopted or
<br />passed as an official act 01 the applicant's governing body,
<br />authoriZing the filing 01 the application Including all under-
<br />standings and assurances contalned therein, and directing
<br />and authorizing the person identified as the official represen-
<br />tative 01 the applicant to act in connection with the application
<br />and to provide such additional inlormation as may be re-
<br />quired.
<br />
<br />2. It will comply with Title VI of the Civil Rights Act 011964 (P.
<br />L. 88-352) and in accordance with Title Viol that Act, no
<br />person In the United States shall, ontheground 01 race, color,
<br />or national origin, be excluded from participation in, be
<br />denied the benefits of, or be otherwise subjected to discrimi-
<br />nation under any program or activity lor which the applicant
<br />receives Federal Rnanclal assistance and will immediately
<br />take any measures necessary to effectuate this agreement.
<br />
<br />3. It will comply with Titie VI of the Civil Rights Act 011964 (42
<br />USC 2000d) prohibiting employment discrimination where
<br />(1) the primary purpose of a grant Is to provide employment
<br />or (2) discriminatory employment practices will result In
<br />unequal treatmentol persons who are or should be beneliting
<br />from the grant-aided activity,
<br />
<br />4. It will comply with requirements of the provisions 01 the
<br />Uniform Relocation Assistance and Real Property Acquisi-
<br />tions Act of 1970 (P, L. 91-646) which provides for fair and
<br />equitable treatment 01 persons displaced' as a result 01
<br />Federal and federally assisted programs.
<br />
<br />5. It will comply with the provisions of the Hatch Act which limit
<br />the political activity 01 employees.
<br />
<br />6. It will comply with the minimum wage and maximum hours
<br />provisions 01 the Federal Fair Labor Standards Act, as they
<br />apply to hospital and educational Institution employees of
<br />State and local governments.
<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 lor private gain lorthemselves
<br />or others, particularly those with whom they have lamily,
<br />business, or other ties.
<br />
<br />8. It will give the sponsoring agency orthe Comptroller General
<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 />It will comply with all requirements imposed by the Federal
<br />sponsoring agency concerning special requirements 01 law ,
<br />program requirements, and other administrative require-
<br />ments.
<br />
<br />10. It will insure that the facilities under its ownership, lease or
<br />supervision which shall be utilized in the accomplishment 01
<br />the project are not listed on the Environmental Protections
<br />Agency's (EP A) list 01 Violating Facilities and that it will notify
<br />the Federal grantor ~gency of the receipt of any communi-
<br />. cation lorm the Director 01 the EPA Office of Federal Activi-
<br />ties indicating that a lacility to be used in the pioJect Is under
<br />consideration for listing by the EPA.
<br />
<br />11. It will comply with theftoodinsurance purchase requirements
<br />of ~ 102 (a) of the Rood Disaster Protection Act of 1973,
<br />Public Law 93-234, 87 Stat. 975, approved December 31,
<br />1976. Section 102 (a) requires, on and after March 2, 1975,
<br />the purchase 01 flood insurance in communities where such
<br />insurance is available as a condition for the receipt 01 any
<br />Federal financial assistance lor construction or acquisition
<br />purposes lor use in any area that has been identified by the
<br />Secretary ofthe Department of Housing and Urban Develop-
<br />ment as an area having specialllood hazards.
<br />
<br />The phrase 'Federal financial assistance'lncludes any lorm
<br />olloan, grant, guaranty, insurance payment, rebate, subsidy,
<br />disaster assistance loan or grant, or any otherlorm 01 direct
<br />or Indirect Federal assistance.
<br />
<br />12. Itwill assistlhe Federal grantor agency in itscompliancewith
<br />~ 106 01 the National Historic Preservation Act 01 t 966 as
<br />amended (16 U. S. CA70) , Executive Order11593,and the
<br />Archeological and Historic Preservation Act 011966 ( 16 U.
<br />S. C. 469a-1 et seq.) by (a) consulting with the State Historic
<br />Preservation Officer on the conduct 01 investigations, as
<br />necessary, to identify properties listed in or eligible lor
<br />Inclusion in the National Register 01 Historic Places that are
<br />subject to adverse el1ects (see 36 CFR Part 800.8) by the
<br />activity, and nntitying the. Federal grantor agency 01 the
<br />existence of any such properties, and by (b) complying with
<br />all requirements established by the Federal grantor agency
<br />to avoid or mitigate adverse effects upon such properties.
<br />
<br />13. n will comply with the Unilorm Grant and Contract Manage-
<br />ments Standards (UGCMS) developed under the directive of
<br />the Unllorm Grant and Contract Management Act of t981,
<br />Texas Civil Statutes, Article 4413 (32g).
<br />
<br />14. it, if a county, has taken or will take all action necessary to
<br />provide the Texas Department of Criminal Justice and the
<br />Department 01 Public Salety any criminal history records
<br />malntained by the county in the manner specified lor the
<br />purposes 01 those departments.
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<br />CJD-14
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