ASSURANCES -- NON-CONSTRUCTION PROGRAMS
Note: Certain of these
assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain
Federal awarding agencies may require applicants to certify to additional
assurances. If such is the case, you
will be notified.
As
the duly authorized representative of the applicant I certify that the
applicant:
1. Has the legal authority to apply
for Federal assistance, and the institutional, managerial and financial
capability (including funds sufficient to pay the non-Federal share of project
costs) to ensure proper planning, management and completion of the project
described in this application.
2. Will give the awarding agency, the
Comptroller General of the United States, and if appropriate, the State,
through any authorized representative, access to and the right to examine all
records, books, papers, or documents related to the award; and will establish a
proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to
prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or
personal gain.
4. Will initiate and complete the work
within the applicable time frame after receipt of approval of the awarding
agency.
5. Will comply with the
Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the
nineteen statutes or regulations specified in Appendix A of OPM’s Standards for
a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal
statutes relating to nondiscrimination.
These include but are not limited to: (a)Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of 1972, as
amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age;
(e) the Drug Abuse Office and Treatment Act of 1972
(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527
of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records;
(h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of
housing; (I) any other nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being made; and (j) the
requirements of any other nondiscrimination statute(s) which may apply to the
application.
7. Will comply, or has already
complied, with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 961-646)
which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally assisted
programs. These requirements apply to
all interests in real property acquired for project purposes regardless of
Federal participation in purchases.
8. Will comply with the provisions of
the Health Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
9. Will comply, as applicable, with
the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards
for federally assisted construction subagreements.
10. Will comply, if applicable, with
flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance
if the total cost of insurable construction and acquisition of $10,000 or more.
11. Will comply with environmental
standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of
violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant
to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with
EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972 (16
U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as
amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L.
93-523); and (h) protection of endangered species under the Endangered Species
Act of 1973, as amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic
Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components
or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in
assuring compliance with Section 106 of the National Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of
historic properties), and the Archeological and Historic Preservation Act of
1974 (16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348
regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance.
15. Will comply with the Laboratory
Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.)
pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this award of
assistance.
16. Will comply with the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of
lead based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the
required financial and compliance audits in accordance with the Single Audit
Act of 1984.
18. Will comply with all applicable
requirements of all other Federal laws, executive orders, regulations and
policies governing this program.
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