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<br />PART V
<br />ASSURANCES
<br />The Applicant hereby assures and certifies that he will comply wit h
<br />requirements including OMB Circulars No. A -122, A -110, A -102, an
<br />acceptance and use of Federal funds for this federally- assisted project.
<br />the grant that:
<br />It possesses legal authority to apply for the grant: that a 9.
<br />resolution, motion or similar a.:tion has been duly adopted or
<br />passed as an official act of the applicant's governing body.
<br />authorizing the filing of the application including all under-
<br />standings and assurances contained therein, and directi-"
<br />ng'
<br />and authorizing the person identified as the official represen- 10.
<br />tative of the applicant to act in connection with the application
<br />and to provide such additional information as may be re-
<br />quired.
<br />It will comp'y with Title VI of the Civil Rights Act of 1964 (P.
<br />L. 88 -352) and in accordance with Title VI of that Act, no
<br />person in the United States shall, on the ground of 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 for which the applicant
<br />receives Federal Financial assistance and will immediate'v
<br />take any measures necessary to effectuate this agreement.
<br />3. It will comply with Title VI of the Civil Rights Act of 1964 (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 treatment of personswho are or should be benefiting
<br />from the grant -aided activity.
<br />GJD -14
<br />the regulation, policies, guidelines and
<br />d A-87, as they relate to the application,
<br />Also the Applicant assures and certifies to
<br />it will comply with all requirements imposed by the Federal
<br />sponsoring agency concerning special requirements of law,
<br />program requirements, and other administrative require-
<br />ments.
<br />It will insure that the facilities under its ownership. lease or
<br />supervision which shall be utilized in the accomplishment of
<br />the project are not listed on the Environmental Protections
<br />Agency's (E PA) list of Violating Facilities and thatit will notify
<br />the Federal grantor agency of the receipt of any communi-
<br />cation form the Director of the EPA Office of Federal Activi-
<br />ties indicating that a' aciliy to be used in the project is under
<br />consideration for listing by the EPA.
<br />11. Itwill comply with the flood insurance purchase requirements
<br />of § 102 (a) of the Flood Disaster Protection Ad of 1973,
<br />Public Law 93 -234, 87 Stat. 975, approved December 31,
<br />1976. Section 102 (a) requires, on and atler March 2. 1975,
<br />the purchase of flood insurance in communities where such
<br />insurance is available as a condition for the receipt of any
<br />Federal financial assistance for construction or acquisition
<br />purposes for use in any area that has been identified by the
<br />Secretary of the Department of Housing and Urban Develop-
<br />ment as an area having special flood hazards.
<br />4. It will comply with requirements of the provisions of 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 of persons displaced as a result of
<br />- Federal and federally assisted programs. 12.
<br />5. It will comply with the provisions of the Hatch Act which limit
<br />the political activity of employees.
<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 institution employees of
<br />State and local governments.
<br />7. It will establish safeguards 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, particularly those with whom they have family, 13.
<br />business, or other ties.
<br />B. It will give the sponsoring agency or the Comptroller General
<br />through any authorized representative the access to and the
<br />right to examine all records, books, papers, or documents 14.
<br />related to the grant.
<br />The phrase "Federal financial assistance" includes any form
<br />of loan. grant, guaranty, insurance payment, rebate, subsidy,
<br />disaster assistance loan or grant, or any other form of direct
<br />or indirect Federal assistance.
<br />Itwill assist the Federalgrantor agency in its compliance with
<br />§ 106 of the National Historic Preservation Act of 1966 as
<br />amended (16 U. S. C. 470), Executive Order 11593, and the
<br />Archeological and Historic Preservation Act of 1966 ( 16 U.
<br />S. C. 469a -1 et seq.) by (a) consulting with the Slat- Historic
<br />Preservation O "icer on the conduct of investigations, as
<br />necessary, to identify properties listed in or eligible for
<br />inclusion in the National Register of Historic Places that are
<br />subject to adverse effects (see 36 CFR Part 800.8) by the
<br />activity, and notifying the Federal grantor agency of 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 />It will comply with the Uniform Grant and Contract Manage-
<br />ments Standards (UGCMS) developedunder the directive of
<br />the Uniform Grant and Contract Management Act of 1981,
<br />Texas Civil Statutes, Article 4413 (329).
<br />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 of Public Safety any criminal history records
<br />maintained by the county in the manner specified for the
<br />purposes of those departments.
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