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OMB APPROVAL NO. t 121-0140
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<br />ASSURANCES
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<br />The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements
<br />including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O, 12372 and Un form Administrat ve Hequ rernents for Grants and
<br />Cooperative Agreements--28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this ,_
<br />federally-assisted project. Also the Applicant assures and certifies that:
<br />
<br /> 1. It possesses legal authority to apply for the grant; that a
<br /> resolution, motion or similar action 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 directing
<br /> and authorizing the person identified as the official represen-
<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 />
<br /> 2. 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 Fed-
<br /> eral and federally-assisted programs.
<br />
<br /> 3. It will comply with provisions of Federal law which limit certain
<br /> political activities of employees of a State or local unit of
<br /> government whose principal employment is in connection
<br /> with an activity financed in whole or in part by Federal grants.
<br /> (5 USC 1501, et seq.)
<br />
<br />4. It will comply with the minimum wage and maximum hours
<br /> provisions ortho Federal Fair Labor Standards Act if appli-
<br /> cable.
<br />
<br />5. It will establish safeguards to prohibit employees from using
<br /> their positions for a purpose that is or give the appearance of
<br /> being motivated by a desire for private gain for themselves or
<br /> others, particularly those with whom they have family, busi*
<br /> ness, or other ties.
<br />
<br />6. It will give the sponsoring agency or the Comptroller General,
<br /> through any authorized representative, access to anc~ the right
<br /> 1o examine all records, books, papers, or documents related to
<br /> the grant.
<br />
<br />7. It ,/,,ill comply with all requirements imposed by the Federal
<br /> Sponsoring agency concerning special requirements of law,
<br /> program requirements, and other administrative requirements.
<br />
<br />8. 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 in the Environmental protection
<br /> Agency's (EPA-list of Violatin9 Facilities and that it will notify
<br /> the Federal grantor agency ortho receipt of any communica-
<br /> tion from the Director of the EPA Office of Federal Activities
<br /> indicating that a facility to be used in the project is under
<br /> consideration for listing by the EPA,
<br />
<br />9. It will comply with the flood insurance purchase requirements
<br /> of Section 102(a) ot the Flood Disaster Protection Act of
<br /> 1973, Public Law 93-234. 87 Stat, 975, approved December
<br /> 31, 1976. Section 102(a) requires, on and after March 2,
<br /> 1975, the purchase of flood insurance in communities where
<br /> such insurance is available as a condition for the receipt of
<br /> any Federal financial assistance for construction or acquisi-
<br /> tion purposes for use in any area that had been identified by
<br /> the Secretary of the Department of Housing and Urban Devel-
<br /> ooment as an area having special flood hazards. The phrase
<br /> 'Federal financial assistance" includes any form of loan,
<br /> grant, guaranty, insurance payment, rebate, subsidy, disas-
<br /> ter assistance loan or grant, or any other form of direct or
<br /> indirect Federal assistance.
<br />
<br /> f0. It will assist the Federal grantor agency in its compliance with -,.
<br /> Section 106 of the National Historic Preservation Act of 1966
<br /> as amended (15 USC 470), Executive Order 11593, and the
<br /> Archeoiogical and Historical Preservation Act of 1966 (16
<br /> USC 569a-1 et seq.) by (a) consulting with the State Historic
<br /> Preservation Officer on the conduct of investigations, as
<br /> necessary, to iOentify properties listed in or eligible for inclu-
<br /> sion in the National Register of Historic Places that are
<br /> subject fo 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 to
<br /> ,avoid or mitigate adverse effects upon such properties.
<br />
<br /> 11. It will comply, and assure the compliance of all its subgrantees
<br /> and contractors, with the applicable provisions of Title I of the ,..
<br /> Omnibus Crime Control and Safe Streets Act of 1968, as
<br /> amended, the Juvenile Justice and Delinquency Prevention
<br /> Act, or the Victims of Crime Act, as appropriate; the provi-
<br /> sions of the current edition of the Office of Justice Programs
<br /> Financial and Administrative GuJde for Grants, M7100.1; and
<br /> all other applicable Federal laws, orders, circulars, or regula-
<br /> tions.
<br />
<br /> 12. It will comply with the provisions of 28 CFR applicable to grants
<br /> and cooperative agreements including Part f8, Administrative
<br /> Review Procedure; Part 20, Criminal Justice Information Sys-
<br /> tems; Part 22, Confidentiality of Identifiable Research and
<br /> Statistical information; Part 23, Criminal Intelligence Systems
<br /> Operating Policies; Part 30, Intergovernmental Review of De-
<br /> partment of Justice Programs and Activities; Part 42, Nondis-
<br /> crimination/Equal Employment Opportunity Policies and Pro-
<br /> cedures; Part 61, Procedures for Implementing the National
<br /> Environmental Policy Act; Part 63, Floodplain Management
<br /> and Wetland Protection Procedures; and Federal Jaws or regu-
<br /> lations applicable to Federal Assistance Programs,
<br />
<br />13. It will comply, and all its contractors will comply, with the
<br /> nondiscrimination requirements of the Omnibus Crime Con-
<br /> trol and Sate Streets Act of 1968. as amended, 42 USC
<br /> 3789(d), or Victims of Crime Act (as appropriate): Title VI of
<br /> the Civil Rights Act of 1964. as amended; Section 504 of the
<br /> Rehabilitation ACt of 1973, as amended; Subtitle A, Title II of
<br /> the Americans With Disabilities Act (ADA) (1990); Title IX of
<br /> the Education Amendments of 1972: the Age DiScrimination
<br /> Act of 1975; Department of Justice Non-Discrimination Regu-
<br /> lations, 28 CFR Part ~.2. Subparts C, D, E, and G; and
<br /> Department of Justice regulations on disal:)ility discrimina-
<br /> tion. 28 CFR Part 35 and Part 39.
<br />
<br />14. In the event a Federal or State court or Federal or State
<br /> administrative agency makes a finding of discrimination after
<br /> a due process hearing on the grounds of race. color, religion,
<br /> national or~gin, sex, or disabih'ty against a recipient of funds.
<br /> the recipient will forward a copy of the finding to the Office
<br /> Civil Rights, Office of Justice Programs.
<br />
<br />15. It will provide an Equa~ Employment Opportunity Program if
<br /> required to maintain one, where the application is for $500,000
<br /> or more,
<br />
<br />16, It will comply with the provisions of Ihe Coastal Sarrier
<br /> Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
<br /> 3501 et seq.) which prohibits the expenditure of most new
<br /> Federal funds within the units of the Coastal E~arrier Re-
<br /> sources System.
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<br /> FORM 40(X3r3 ~Rev t-93) PREVIOUS EDITIONS ARE OBSOL.CTE,
<br />A'I=TACHMENT 1'O ~P.424
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