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<br />PART V
<br />ASSURANCES
<br />The Applicant hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including
<br />OMB Circulars No. A -21, A -102, A410, and FMC 74-4, as they relate to the application, acceptance and use of Federal funds for
<br />this federally assisted project. Also the Applicant assures and certifies with respect to the grant that:
<br />1. It possesses legal authority to apply for the grant; that a resolu-
<br />tion, motion or similar action has been duly adopted or passed
<br />as an official act of the applicant's governing body, authoriz-
<br />ing the filing of the application, including all understandings
<br />and assurances contained therein, and directing and authoriz-
<br />ing the person identified as the official representative of the
<br />applicant to act in connection with the application and to pro•
<br />vide such additional information as may be required.
<br />2. It will comply with Title VI of the Civil Rights Act of 1964
<br />(P.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 denied
<br />benefits of, or be otherwise subjected to discrimination under
<br />any program or activity for which the applicant receives
<br />Federal financial assistance and will immediately take any
<br />measures necessary to effectuate this agreement.
<br />12.
<br />3. It will comply with Title VI of the Civil Rights Act of 1964
<br />(42 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 un- 13.
<br />equal treatment of persons who are or should be benefiting
<br />from the grant -aided activity.
<br />4. It will comply with requirements of the provisions of the
<br />Uniform Relocation Assistance and Real Property Acquisitions
<br />Act of 1970 (P.L. 91.646) which provides for fair and equitable
<br />treatment of persons displaced as a result of Federal and
<br />federally assisted programs.
<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 employees of institutions of higher education,
<br />hospitals, and other nonprofit organizations.
<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,
<br />business, or other ties.
<br />8. It will give the grantor 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
<br />related to the grant.
<br />respectively, relating to inspection, monitoring, entry, reports,
<br />and information, as well as other requirements specified in
<br />Section 114 and Section 308 of the Air Act and the-Water Act,
<br />respectively, and all regulations and guidelines issued
<br />thereunder.
<br />It will comply with the flood insurance purchase requirements
<br />of Section 102(a) of the Flood Disaster Protection Act of 1973,
<br />Public Law 9 -234, 87 Stat. 975, approved December 13, 1976,
<br />which requires, on and after March 2, 1975, the purchase of
<br />flood insurance in communities where such insurance is
<br />available as a condition for the receipt of any Federal finan-
<br />cial assistance for construction or acquisition purposes for use
<br />in any area that has been identified by the Secretary of the
<br />department of Housing and Urban Development as an area
<br />having special flood hazards.
<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 />It will assist the Federal grantor agency in its compliance with
<br />Section 106 of the National Historic Preservation Act of 1965
<br />as amended (16 U.S.C. 470), Executive Order 11593, and the
<br />Archeological and Historic Preservation Act of 1966 (16 U.S.C.
<br />469a -1 et seq.) by (a) consulting with the State historic preser-
<br />vation Officer on the conduct of investigations, as necessary,
<br />to identify properties listed in or eligible for inclusion in the
<br />National Register of Historic Places that are subject to adverse
<br />effects (see 36 CFR Part 800.8) by the activity, and notifying
<br />the Federal grantor agency of the existence of any such prop-
<br />erties, and (b) complying with all requirements established
<br />by the Federal grantor agency to avoid or mitigate adverse
<br />effects upon such properties.
<br />14. The applicant agrees that it will comply with Section 504 of
<br />the Rehabilitation Act of 1973, as amended (29 U.S.C. 794,
<br />P.L. 93.112), and all requirements imposed by or pursuant to
<br />the regulations of the Department of Health. Education and
<br />Welfare (45 C.F.R. Parts 80, 81, and 84) promulgated under
<br />the foregoing statute, The applicant agrees that, in accordance
<br />with the foregoing requirements, no otherwise qualified han.
<br />dicapped person, by reason of handicap, shall be excluded from
<br />participation in, be denied the benefits of, or be subjected to
<br />discrimination under any program or activity receiving
<br />Federal financial assistance, and assures that it will take any
<br />measures necessary to effectuate this agreement_
<br />9. It will comply with all requirements imposed by the Federal 15.
<br />grantor agency concerning special requirements of law, pro-
<br />gram requirements, and other administrative requirements_
<br />10. It will insure that the facilities under its ownership, lease, 1&
<br />or supervision which shall be utilized in the accomplishments
<br />of the project are not listed on the Environmental Protection
<br />Agency (EPA) list of violating facilities and that it will notify
<br />the Federal grantor agency of the 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 con-
<br />sideration for listing by the EPA.
<br />17.
<br />• 11. It will comply, to the extent applicable, with all the re-
<br />quirements of Section 114 of the Clean Air Act, as amended
<br />(42 U.S.C. 1857, et seq., as amended by Public Law 91 -604)
<br />and section 308 of the Federal Water Pollution Control Act
<br />(33 U.S.C. 1251 et seq., as amended by Public Law 92.500),
<br />It will comply with P.L. 93.348 as implemented by Part 46
<br />of Title 45 (45 C.F.R. 461 regarding the protection of human
<br />subjects involved in research, development. and related ac-
<br />tivities supported by the grant.
<br />It will comply with the Laboratory Animal Welfare Act of 1966
<br />(P.L. 89 -544, as amended, 7 U.S.C. 231 et seq.) and regula-
<br />tions promulgated thereunder by the Secretary of Agriculture
<br />(9 C.F.R., Subchapter H) pertaining to the care, handling, and
<br />treatment of warm blooded animals held or used for research,
<br />teaching, or other activities supported by Federal awards.
<br />It will comply, to the extent applicable, with Title IX of the
<br />Education Amendments of 1972, 20 U.S.C. 1681, et seq., which
<br />provides that no person in the United States shall, on the basis
<br />of sex, be excluded from participation in, be denied the benefits
<br />of, or be subjected to discrimination under any educational
<br />program or activity receiving Federal financial assistance.
<br />*U.S. Government Printing office - 1988 - 217 - 420/80652
<br />16.
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