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1. |
Has the legal authority
to apply for Federal assistance, and the institutional,
managerial and financial capability (including funds
sufficient to pay the nonfederal share of project costs) to
ensure proper planning, management and completion of the
project described in this application. |
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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
assistance; and will establish a proper accounting system in
accordance with generally accepted accounting standards or
agency directives. |
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3. |
Will not dispose of,
modify the use of, or change the terms of the real property
title, or other interest in the site and facilities without
permission and instructions from the awarding agency. Will
record the Federal interest in the title of real property in
accordance with awarding agency directives and will include
a covenant in the title of real property acquired in whole
or in part with Federal assistance funds to assure
nondiscrimination during the useful life of the
project. |
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4. |
Will comply with the
requirements of the assistance awarding agency with regard
to the drafting, review and approval of construction plans
and specifications. |
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5. |
Will provide and
maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work
conforms with the approved plans and specifications and will
furnish progress reports and such other information as may
be required by the assistance awarding agency or
state. |
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6. |
Will initiate and
complete the work within the applicable time frame after
receipt of approval of the awarding agency. |
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7. |
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. |
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8. |
Will comply with the
Intergovernmental Personnel Act of 1970 (42 USC Sections
4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the nineteen
statues or regulations specified in Appendix A of OPM's
Standards for a Merit System of Personnel Administration (5
CFR 900, Subpart F). |
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9. |
Will comply with the
Lead-Based Paint Poisoning Prevention Act (42 USC Section
4801 et seq.) which prohibits the use of lead based paint in
construction or rehabilitation of residence structures.
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10. |
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 (PL 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 USC Sections 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 USC
Section 794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 USC Sections 6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (PL 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 (PL
91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) Sections 523 and
527 of the Public Health Service Act of 1912 (42 USC
Sections 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 USC
Section 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. |
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11. |
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 (PL 91-646) which provide
for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal and
Federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes
regardless of Federal participation in
purchases. |
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12. |
Will comply with the
provisions of the Hatch Act (5 USC Sections 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. |
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13. |
Will comply, as
applicable, with the provisions of the Davis-Bacon Act (40
USC Sections 276a to 276a-7), the Copeland Act (40 USC
Section 276c and 18 USC Section 874), and the Contract Work
Hours and Safety Standards Act (40 USC Sections 327-333)
regarding labor standards for federally assisted
construction subagreements. |
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14. |
Will comply with flood
insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (PL 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
is $10,000 or more. |
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15. |
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 (PL 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 USC Section 1451 et
seq.); (f) conformity of Federal actions to State (Clean
Air) Implementation Plans under Section 176(c) of the Clean
Air Act of 1955, as amended (42 USC Section 7401 et seq.);
(g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended (PL
93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (PL 93-205).
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16. |
Will comply with the
Wild and Scenic Rivers Act of 1968 (16 USC Section 1271 et
seq.) related to protecting components or potential
components of the national wild and scenic rivers
system. |
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17. |
Will assist the
awarding agency in assuring compliance with Section 106 of
the National Historic Preservation Act of 1966, as amended
(16 USC Section 470), EO 11593 (identification and
preservation of historic properties), and the Archaeological
and Historic Preservation Act of 1974 (16 USC Section 469a-1
et seq.). |
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18. |
Will cause to be
performed the required financial and compliance audits in
accordance with the Single Audit Act of 1984. |
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19. |
Will comply with all
applicable requirements of all other Federal laws, Executive
Orders, regulations, and policies governing this
program. |
| 20. |
It will comply with the minimum
wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 USC Section 201), as they apply to
employees of institutions of higher education, hospitals,
and other nonprofit organizations. |
| 21. |
It will obtain approval by the
appropriate Federal agency of the final working drawings and
specifications before the project is advertised or placed on
the market for bidding; that it will construct the project,
or cause it to be constructed, to final completion in
accordance with the application and approved plans and
specifications; that it will submit to the appropriate
Federal agency for prior approval changes that alter the
cost of the project, use of space, or functional layout,
that it will not enter into a construction contract(s) for
the project or undertake other activities until the
conditions of the construction grant program(s) have been
met. |
| 22. |
It will operate and maintain the
facility in accordance with the minimum standards as may be
required or prescribed by the applicable Federal, State, and
local agencies for the maintenance and operation of such
facilities. |
| 23. |
It will require the facility to be
designed to comply with the "American Standard Specification
for Making Buildings and Facilities Accessible to, and
Usable by, the Physically Handicapped," Number A117.- 1961,
as modified (41 CFR 101-17.703). The applicant will be
responsible for conducting inspections to ensure compliance
with these specifications by the contractor. |
| 24. |
If any real property or structure
thereon is provided or improved with the aid of Federal
financial assistance extended to the applicant, this
assurance shall obligate the applicant, or in the case of
any transfer of such property, any transfer, for the period
during which the real property, or structure is used for a
purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of
similar services or benefits. |
| 25. |
In making subgrants with nonprofit
institutions under this Comprehensive Cooperative Agreement,
it agrees that such grants will be subject to OMB Circular
A-122, "Cost Principles for Nonprofit Organizations"
included in Vol. 49, Federal Register, pages 18260 through
18277 (April 27, 1984). |