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851
<br />PART V ASSURANCES
<br />CJ D -15
<br />The Applicant hereby assures and certifies that he will comply with the regulation, policies, guidelines and requirements
<br />including OMB Circulars No. A -122, A -110, A -102, and A -87, as they relate to the application, acceptance and use of Federal
<br />funds for this federally- assisted project. Also the Applicant assures and certifies to the grant that:
<br />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
<br />official act of the applicant's governing body, authorizing the filing
<br />of the application including all understandings and assurances
<br />contained therein, and directing and authorizing the person iden-
<br />tified as the official representative of the applicant to actin connec-
<br />tion with the application and to provide such additional information
<br />as may be required.
<br />It will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-
<br />352) and in accordance with Title VI of that Act, no person in the
<br />United States shall, on the ground of race, color, or national origin.
<br />be excluded from participation in, be denied the benefits of, or be
<br />otherwise subjected to discrimination under any program or activity
<br />for which the applicant receives Federal Financial assistance and
<br />will immediately take any measures necessary to effectuate this
<br />agreement.
<br />3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC
<br />2000d) prohibiting employment discrimination where (1) the pri-
<br />mary purpose of a grant is to provide employment or (2) discrimi-
<br />natory employment practices will result in unequal treatment of
<br />persons who are or should be benefiting from the grant -aided
<br />activity.
<br />4. It will comply with requirements of the provisions of the Uniform
<br />Relocation Assistance and Real Property Acquisitions Act of 1970
<br />(P. L. 91.646) which provides for fair and equitable treatment of
<br />persons displaced as a result of Federal and federally assisted
<br />programs.
<br />5. It will comply with the provisions of the Hatch Act which lirdit the
<br />political activity of employees.
<br />6. It will comply with the minimum wage and maximum hours provi-
<br />sions of the Federal Fair Labor Standards Act, as they apply to
<br />hospital and educational institution employees of State and local
<br />governments.
<br />7. It will establish safeguards to prohibit employees from using their
<br />positions for a purpose that is or gives the appearance of being
<br />motivated by a desire for private gain for themselves or others,
<br />particularly those with whom they have family, business, or other
<br />ties.
<br />8. It will give the sponsoring agency or the Comptroller General
<br />through any authorized representative the access to and the right
<br />to examine all records, books, papers, or documents related to the
<br />grant.
<br />9. It will comply with all requirements imposed by the Federal spon-
<br />soring agency concerning special requirements of law, program
<br />requirements, and other administrative requirements.
<br />10. It will insure that the facilities under its ownership, lease or
<br />supervision which shall be utilized in the accomplishment of the
<br />project are not listed on the Environmental Protections Agency's
<br />(EPA) list of Violating Facilities and that it will notify the Federal
<br />grantor agency of the receipt of any communication from the
<br />Director of the EPA Office of Federal Activities indicating that a
<br />facility to be used in the project is under consideration for listing by
<br />the EPA.
<br />11. It will comply with the flood insurance purchase requirements of §
<br />102 (a) of the Flood Disaster Protection Act of 1973, Public Law 93-
<br />234, 87 Stat. 975, approved December 31,1976. Section 102 (a)
<br />requires, on and after March 2. 1975, the purchase of flood
<br />insurance in communities where such insurance is available as a
<br />condition for the receipt of any Federal financial assistance for
<br />construction or acquisition purposes for use in any area that has
<br />been identified by the Secretary of the Department of Housing and
<br />Urban Development as an area having special flood hazards.
<br />i he phrase "Federal financial assistance' includes any form of
<br />loan, grant, guaranty, insurance payment. rebate, subsidy, disas-
<br />ter assistance loan or grant, or any other form of direct or indirect
<br />Federal assistance.
<br />12. [twill assist the Federal grantor agency in its compliance with § 106
<br />of the National Historic Preservation Act of 1966 as amended (16
<br />U. S. C. 470), Executive Order 11593, and the Archeological and
<br />Historic Preservation Act of 1966 (16 U. S. C. 469a -1 et seq.) by
<br />(a) consulting with the State Historic Preservation Officer on the
<br />conduct of investigations, as necessary, to identify properties listed
<br />inor eligible for inclusion in the National Register of Historic Places
<br />that are subject to adverse effects (see 36 CFR Part 800.8) by the
<br />activity, and notifying the Federal grantor agency of the existence
<br />of any such properties, and by (b) complying with all requirements
<br />established by the Federal grantor agency to avoid or mitigate
<br />adverse effects upon such properties.
<br />13. It will comply with the Uniform Grant and Contract Managements
<br />Standards (UGCMS) developed under the directive of the Uniform
<br />Grant and Contract Management Act of 1981. Texas Civil Statutes,
<br />Article 4413 (32g).
<br />14. It. if a county, has taken or will take all action necessary to provide
<br />the Texas Department of Criminal Justice and the Department of
<br />Public Safety any criminal history records maintained by the county
<br />in the manner specified for the purposes of those departments.
<br />15. It will comply with the Victims of Crime Act for 1984 which provides
<br />that no person shall be excluded from participation in, denied the
<br />benefits of. subjected to discrimination under, or denied employ-
<br />ment in connection with any activity receiving funds under the Act
<br />on the basis of race, color, religion, national origin, handicap, or
<br />sex. Recipients of funds under the Act are also subject to Title VI
<br />of the Civil Rights Act of 1964, 42 U.S.C. 2000d (prohibiting
<br />discrimination in such programs on the basis of race, color, or
<br />national origin), Section 504 of the Rehabilitation Act of 1973, 2
<br />U.S.C. 794 (prohibiting discrimination in such programs on the
<br />basis of handicap), the Age Discrimination Act of 1975,42 U.S.C.
<br />6101, et. seq., and the Department of Justice Nondiscrimination
<br />Regulations. 28 CFR. Part 42. Subparts C.D, and G. (VOCA only.)
<br />16. It will, in the event a federal or state court or federal or state
<br />administrative agency makes a finding of discrimination after a due
<br />process hearing, on the ground of race. color, religion, national
<br />origin, sex, age, or handicap against the project, forward a copy of
<br />the finding to the Criminal Justice Division (CJD). (VOCA only.)
<br />17. it will maintain information on victim services provided by race.
<br />national origin, sex, age, and handicap. (VOCA only.)
<br />18. It will comply with Subtitle A, Title 11 of the Americans With
<br />Disabilitities Act (ADA). 42 U.S.0 12131. 12134, and Department
<br />of Justice irnplementingregulation. 28 CFR Pan35.whereas state
<br />and local oovernments may not refuse to allow a person with a
<br />disability to participate in a service, program, or activity simply
<br />because the person has a disability.
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