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<br />A TP A- ~ <br /> <br />SPECIAL CONDITION <br /> <br />PART V <br />ASSURANCES <br /> <br />The Applicant hereby assures and certifies that he will comply with the regulation, policies, guidelines and requirements including OMS Circulars No. <br />1..122, A.110, A.102, and A~7, as they relate to the application, acceptance and use of Federal funds for this federalty-assisted project Also the <br />~plicanl assures and certifIeS to the grant that <br /> <br />~. 1\ possesses legal al1thortty to ap;>ly for the grant; that a resolLfJon, motion or similar adion has been duly 200i'teo O~ passed as an official act of <br />the applicant's goveming body, al.1lhorizing the filing of the application including all unde!'Slandings and assurcnces co~:ained therein, and direCling <br />and authorizing the person identified as the official representative of the a;>i'licantto ael in connection with the 2~;hcation and to provide suc.~ <br />additional information as may be requireO. <br /> <br />. ,. It will comply with Tr.1e VI of the Civil Rights Act of , 95< (P. L 80.352) and in accorec:'lce with irtle VIol the ;"::... n: ~ersOIi in the United Stales <br />I <br />shall, on the ground of race, color, or national ongin. be excluded from panicipation in. be denied the benef.':s of, o~ be otherwise subjected to <br />discrimination under any program or activity for which the applicant receives Federal Financial assistance an: will i:ii-,ediately take any measures <br />necessary to effeduate this agreement. <br /> <br />:. It will comply w:th Title VI of the Civil Rights Act of , 954 (~2 USC 2000d) prohibiting em;>loyment discrimination wtleie (i )the prima~' purpose of a <br />grant is to provide employment or (2)discriminatory employment praetices will resun in unequal treatmem 01 i>!rs~ns who are or should be <br />benefiting from the grant-aided aetMty. <br /> <br />( It wm comply 'tYith requirements of the provisions of the Uniform Relocation Assistance and Real Property A~uisitio~s Act of '970 (P.l. 9'~6) <br />which provides for fair and equitable treatment of persons displaced as a resut. 01 Federal and federally a~siste: p~og~:ns. <br /> <br />5. It will comply w:th t'le provisions of the Hatch A~ which limit the political aetMty of emi'loyees. <br /> <br />5. M will comply 'tYith the minimum v,71ge and maximum hours p~ovisions of the Federal Fair Labor Standards Ar:.. as they apply to hospital and <br />educational institl.1lion employees of State and 10:::21 govemmen:s. <br /> <br />i. M will establish safeguares to prohibit employees from using their positions 10r a ;>urpose that is or gives the appe2l'i:'l:t of being motiyaled ~y a <br />desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. <br /> <br />S. It will give the sponsoring agency or the Comptroller General through any authorized representative the access to and the right to examine all <br />records, books, papers, or documents related to the grant . <br /> <br />9. It wil! comply with all requirements imposed by the Federal sponsoring agenoy conceming special reqOJirements of law. program requirements, and <br />other administrative requirements. <br /> <br />, O. It will insure that the facilnies under its ownership, lease or supervision which shall be util:zed in the accomplishment o! the project are not listed on <br />the Environmental Protec:ions Agency's (EPA) list of Violating Facilities and that it will notify the Federal g~ntor a2ency of the receipt of any <br />communication from the Director of the EPA Office of Federal Activities indicating that a facilr.y to be used irl the proje: is under consideration for <br />listing by the EPA. <br /> <br />, t It will comply 'tYith the flood insurance purchase requirements of , 02 (a) of the Flood Disaster Protection Act of , 573. ?ublio Law 9~234, 57 Stat <br />975, approved December 3', '976. Sedion '02 (a) requires, on and after March 2, '5i5, the purchase of flood insu:ance in communIties where <br />such insurance is available as a condition for the receipt of any Federal financial assistance for constnJetion or acquisi:ion proposed for use in any <br />area that has been identmeO by the Secretary of the Department of Housing and Urban Development as an area havin; special flood hazards. <br /> <br />The phrase .Federal financial assistance. includes any form of loan, grant. g~aranly. ir,su:ance paymeilt. reta:e. subsi:y, disaster assistance loan <br />or grant, or any other form of direct or indireet Feoeral assistance. <br /> <br />'2. It will assist the Federal grantor agency in its com;>liance wr.h '05 of the National Historic Preservation Act 01 ,95S as amended ('i6 U.S.C. ~7C), <br />Executive Order "593. and the Archeological and Historic Preservation Act of '956 pS U.S.C. ~69a.' et se-q.) by (~} consuning with the Sta:e <br />Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eli;i~le 10: inclusion in the National <br />Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the ac1ivr.y, and nOlr.ying the Federal grantor agency of <br />the existence of any such properties, and by (0) complying with all requirements establ:shed by the Federal ~~nlor agency to avoid or miti;a:e <br />adverse effects upon such properties. <br /> <br />, 3. It will comply with the Uniform Grant and Contract Management Standards (UGCMS) developed under the diredivt 01 the Uniform Grant anc <br />Contract Management Act 01 '98'. Texas Govemment Code. O,apter 783. <br /> <br />i~. It, ~ a county, has laken or will take all action necessary to provide the Texas Department of Criminal Justice and the )epanment of Public Safe)' <br />any criminal history records maintained by the coumy in the manner specified 10r the pUTfJosec of those depanmenlS <br />