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<br />CJD Application Kit <br /> <br />CERTIFIED ASSURANCES <br /> <br />(page 1 of 3 )Applicants must complete this form before they will receive state and/or federal funds. Recipients of state and/or federal funds must <br />fully understand and comply with these requirements. Failure to comply may result in the withholding of funds, termination of the award, or other <br />sanctions. <br /> <br />FEDERAL ASSURANCES <br /> <br />The applicant hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines and requirements, including <br />OMB Circulars No. A-21, A-ll0, A-122, A-128, A-87; Office of Justice Programs (OJP) Financial Regulations; Education Department General <br />Administrative Regulations (EDGAR); E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements - 28 <br />CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this project. Also, the Applicant assures and <br />certifies that: <br /> <br />1. LEGAL AUTHORITY - It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed <br />as an official act of the applicant's governing body, authorizing the filing of the application, including all under-standings and assurances contained <br />therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to <br />provide such additional information as may be required. <br /> <br />2. DISPLACED PERSONS - It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions <br />(42 USC ~~ 4601 - 4655) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. <br /> <br />3. POLITICAL ACTIVITY - It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit <br />of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC ~ 1501, et seq.) <br /> <br />4. FAIR LABOR STANDARDS ACT - It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act <br />(29 USC ~~ 201 - 219) if applicable. <br /> <br />5. CONFLICT OF INTEREST - It will establish safeguards to prohibit employees from using their positions for a purpose that is, or gives the <br />appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other <br />ties. <br /> <br />EXAMINATION OF RECORDS - It will give the sponsoring agency or the Comptroller GeneraL through any authorized representative, access to <br />and the right to examine all records, books, papers, or documents related to the grant. <br /> <br />7. COMPLIANCE WIlli REQUIREMENTS - It will comply with all requirements imposed by the Federal sponsoring agency concerning special <br />requirements oflaw, program requirements, and other administrative requirements. <br /> <br />8. EPA VIOLATING FACILITIES - It will ensure that the facilities under its ownership, lease or supefV1SlOn which shall be utilized in the <br />accomplishment of the project are not listed in the Environmental Protection Agency's (EPAs) list of Violating Facilities, and that it will notiJy the <br />Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used <br />in the project is under consideration for listing by the EP A <br /> <br />9. FLOOD INSURANCE - It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act (Ch. 50 <br />USC ~ 4001). This section requires, on and after March 2,1975, the purchase offlood insurance in communities where such insurance is available as a <br />condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that had been identified by the <br />Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" <br />includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect <br />Federal assistance. <br /> <br />10. HISTORIC PRESERVATION - It will assist the federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act <br />of 1966, as amended (16 USC ~ 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966, (16 USC ~ 569a-l, et seq.) <br />by (a) consulting with the State Historic Preservation Officer (SHPO) on the conduct of investigations, as necessary, to identiJy properties listed in or <br />eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part BOO.8) by the activity, and notiJying <br />the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency <br />to avoid or mitigate adverse effects upon such properties. <br /> <br />COMPLIANCE WITH LAWS AND GUIDES - It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable <br />provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or <br />the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for <br />Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. <br /> <br />Texas Narcotics Control Program (TNCP) - Page 33 <br />