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SECTION VII. ASSURANCES <br /> The Applicant hereby assures and certifies that it will comply with the regulations, policies. guidelines, and requirements. including OMB <br /> C:ircuhtrs No. A-2I, A-102, A-I10, and FMC 74-4, as they relate to the application. acceptance, and use of Federal funds for this federally <br /> assisted project.Also the Applicant assures and certifies with respect to the grant that: <br /> I. It possesses legal authority to apply for the grant; that a resolution, amended by Public Law 92-500), respectively, relating to inspec- <br /> motion or similar action has been duly adopted or passed as an lion, monitoring, entry, reports, and information, as well as other <br /> official act of the applicant's governing body, authorizing the filing requirements specified in Section 114 and Section 308 of the Air <br /> of the application, including all understandings and assurances Act and the Water Act, respectively, and all regulations and guide- <br /> contained therein, and directing and authorizing the person identi- tines issued thereunder. <br /> tied as the official representative of the applicant to act in connec- <br /> tion with the application and to provide such additional informa- 12. It will comply with the flood insurance purchase requirements of <br /> Lion as may be required. Section 102(a)of the Flood Disaster Protection Act of 1973, Public <br /> Law 93-234, 87 Stat. 975, approved December 13, 1976, which <br /> 2. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. requires, on and after March 2, 1975, the purchase of flood insur- <br /> 98-352)-and in accordance with Title VI of that Act, no person in ante in communities where such insurance is available as a condi- <br /> the United States shall, on the ground of race, color or national lion for the receipt of any Federal financial assistance for construe- <br /> origin, be excluded from participation in, be denied benefits of, or lion or acquisition purposes for use in any area that thas been <br /> be otherwise subjected to discrimination under any program or identified by the Secretary of the Department of Housing and <br /> activity for which the applicant receives Federal financial assis- Urban Development as an area having special flood hazards. <br /> lance atld will immediately take any measures necessary to effec- The phrase "Federal financial assistance" includes any form of <br /> tuate this agreement. <br /> loan, grant, guaranty, insurance payment, rebate, subsidy. disaster <br /> 3. It will comply with Title VI of the Civil Rights Act of 1964(42 USC assistance loan or grant,'or any other form of direct or indirect <br /> 2000d) prohibiting employment discrimination where (I) the primary Federal assistance. <br /> purpose of a grant is to provide employment or (2) discriminatory <br /> employment practices will result in unequal treatment of persons 13. It will assist the Federal grantor agency in its compliance with <br /> who are or should be benefiting from the grant aided activity. 106 U the.S.C. 470).l Execiutive'sdn 1966 <br /> as <br /> Order 1593 of and the <br /> 4. It will comply with requirements of the provisions: ( the Uniform Archeolgical and Historic Preservation..Act of 1966 (16 U.S.C. <br /> Relocation Assistance and Real Property Acquisitions Act of 1970 469a-1 et seq.) by (a) consulting with the State Historic Preservation <br /> (P.L. 91-646) which provides for faits-and equitable treatment of Officer on the conduct of investigations, as necessary. to identify <br /> persons displaced as a result of Federal and federally assisted properties listed in or eligible for incl5tsion in the National Register <br /> programs. of Historic Places that are subject to adverse effects (see 36 CFR <br /> Part 800.8) by the activity, and notifying the Federal grantor <br /> 5. It will comply with the provisions of the Hatch Act which limit the agency of the existence of any such properties, and.by (b) comply- <br /> political activity of employees. ing with all requirements established by the Federal grantor agency <br /> to avoid or mitigate adverse effects upon such properties. <br /> 6. It will comply with the minimum wage and maximum hours provisions <br /> of the Federal Fair Labor Standards Act, as they apply to employ- 14. The applicant agrees that it will comply with Section 504 of the <br /> ees of institutions of higher education, hospitals, and other nonprofit Rehabilitation Act of 1973, as amended (29 U.S.C. 794, P.1. 93-112), <br /> organizations. and all requirements imposed by or pursuant to the regulations of <br /> the Department of Health, Education, and Welfare (45 C.F.R. <br /> 7. It will establish safeguards to prohibit employees from using their Parts 80. 81, and 84),promulgated under the foregoing statute. The <br /> positions for a purpose that is or gives the appearance of being applicant agrees that, in accordance with the foregoing requirements, <br /> motivated by a desire for private gain for themselves or others no otherwise qualified handicapped person, by reason of handicap, <br /> particularly those with whom they have family, business, or other shall be excluded from participation in, be denied the benefits of,or <br /> ties. be subjected to discrimination under any program of activity receiving <br /> Federal financial assistance, and assures that it will take any measures <br /> S. It will give the grantor agency or the Comptroller General through necessary to effectuate this agreement. <br /> any authorized representative the access to and the right to exam- <br /> ine all records,books,papers,or documents related to the grant. 15. It will comply with P.1. 93-348 as implemented by Part 46 of Title <br /> 45 (45 C.F.R. 46) regarding the protection of human stibjects <br /> 9. It will comply with all requirements imposed by the Federal grantor involved in research, development, and related activities supported <br /> agency concerning special requirements of law, program requirements, by the grant. <br /> and other administrative requirements. <br /> 16. It will comply with the Laboratory Animal Welfare Act of 1966 <br /> 10. It will insure that the facilities under its ownership, lease, or super- (P.1.. 89-544. as amended, 7 U.S.C. 231 et seq.) and regulations <br /> vision which shall be utilized in the accomplishment of the project promulgated thereunder by the Secretary of Agriculture (9 C.F.R., <br /> are not listed on the Environmental Protection Agency (EPA) list Subchapter H) pertaining to the care, handling and treatment of <br /> of violating facilities and that it will notify the Federal grantor warm blooded animals held or used for research, teach*. or other <br /> agency of the receipt of any communication from the Director of activities supported by Federal awards. <br /> the EPA Office of Federal Activities indicating that a facility to be <br /> used in the project is under consideration for listing by the EPA. 11. Educa- <br /> tion tAmendments the <br /> 1972, 20p U.S.C. 1681h et eq.. which provides <br /> 11. It will comply, to the extent applicable, with all the requirements of that no person in the United States shall, on the basis of sex, be <br /> Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et excluded from participation in, be denied the benefits of, or be <br /> seq. as amended by Public Law 91-604) and section 308 of the subjected to discrimination under any educational program or activity <br /> Federal Water Pollution Control Act (33 U.S.C. 1251 at seq., as receiving Federal financial assistance. <br /> Page 14 <br /> ACTION Form A-1421(Rev.7.07) <br />