ASSURANCES
As the duly authorized
representative of the applicant, I certify, to the best of my knowledge and
belief, that the applicant:
·
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.
·
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.
·
Will establish safeguards to
prohibit employees from using their position for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or
personal gain.
·
Will initiate and complete
the work within the applicable time frame after receipt of approval of the
awarding agency.
·
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 CFR 900, Subpart
F).
·
Will comply with all federal
statutes relating to nondiscrimination. These include but are not limited to:
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 disability (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) sections 523
and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290dd-3 and
290ee-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 National
and Community Service Act of 1990, as amended; and (j) the requirements of any
other nondiscrimination statute(s) which may apply to the
application.
·
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. 91-646)
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.
·
Will comply with the
provisions of the Hatch 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.
·
Will comply, as applicable,
with the provisions of the Davis-Bacon Act (40 U.S.C 276a and 276a-77), 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
sub-agreements.
·
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 the 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.
·
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 (Clean Air)
Implementation Plans under Section 176(c) of the Clean 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).
·
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.
·
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 Archaeological and Historic
Preservation Act of 1974 (16U.S.C. 469a-l et seq.).
·
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.
·
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.
·
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.
·
Will cause to be performed
the required financial and compliance audits in accordance with the Single Audit
Act of 1984, as amended, and OMB Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations.
·
Will comply with all
applicable requirements of all other Federal laws, executive orders,
regulations, application guidelines, and policies governing this
program.
For
If you are not applying for a
grant through AmeriCorps*State and National, you may ignore this
section.
·
Will comply with all
rules regarding prohibited activities
·
Will comply with the
nondiscrimination provisions in the national service laws, which provide that an
individual with responsibility for the operation of a project or program that
receives assistance under the national service laws shall not discriminate
against a participant in, or member of the staff of, such project or program on
the basis of race, color, national origin, sex, age, political affiliation,
disability, or on the basis of religion.
(NOTE: the prohibition on religious discrimination does not apply to the
employment of any staff member paid with non-Corporation funds or paid with
Corporation funds but employed with the organization operating the project prior
to or on the date the grant was awarded.
If your organization is a faith-based organization that makes hiring
decisions on the basis of religious belief, your organization may be entitled,
under the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, to receive
federal funds and yet maintain that hiring practice, even though the national
service legislation includes a restriction on religious discrimination in
employment of staff hired to work on a Corporation-funded project and paid with
Corporation grant funds. (42 U.S.C.
§§ 5057(c) and 12635(c)). For the
circumstances under which this may occur, please see the document “Effect of the Religious Freedom Restoration Act
on Faith-Based Applicants for Grants” on the Corporation’s website
at: http://www.usdoj.gov/archive/fbci/effect-rfra.pdf.
·
Will comply with all
other federal statutes relating to nondiscrimination, including any
self-evaluation requirements. 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
·
Will
provide
·
Will
·
Will
·
Will ensure that any
national service program carried out by the applicant using assistance provided
under section 121 of the National and Community Service Act of 1990 and any
national service program supported by a grant made by the applicant using such
assistance will address unmet human, educational, environmental, or public
safety needs through services that provide a direct benefit to the community in
which the service is performed;
·
Will comply with the
nonduplication and nondisplacement requirements set out in section 177 of the
National and Community Service Act of 1990, and in the Corporation’s regulations
at § 2540.100;
·
Will comply with the
grievance procedure requirements as set out in section 176(f) of the National
and Community Service Act of 1990 and in the Corporation’s regulations at 45 CFR
§ 2540.230;
·
Will provide
participants in the national service program with the training, skills, and
knowledge necessary for the projects that participants are called upon to
perform;
·
Will provide support
services to participants, such as information regarding G.E.D. attainment and
post-service employment, and, if appropriate, opportunities for participants to
reflect on their service experiences;
·
Will arrange for an
independent evaluation of any national service program carried out using
assistance provided to the applicant under section 121 of the National and
Community Service Act of 1990 or, with the approval of the Corporation, conduct
an internal evaluation of the program;
·
Will apply
measurable performance goals and evaluation methods, which are to be used as
part of such evaluation to determine the program’s impact on communities and
persons served by the program, on participants who take part in the projects,
and in other such areas as required by the Corporation;
·
Will ensure the
provision of a living allowance and other benefits to participants as required
by the Corporation;
·
Has not violated a
Federal criminal statute;
·
If a state
applicant, will ensure that the State subgrants will
be used to support national service programs selected by the State on a
competitive basis;
·
If a state
applicant, will seek to ensure an equitable allocation within the State of
assistance and approved national service positions, taking into consideration
such factors as the locations of the programs, population density, and economic
distress;
·
If a state
applicant, will ensure that not less than 60% of the assistance will be used to
make grants to support national service programs other than those carried out by
a State agency, unless the Corporation approves otherwise.
For Learn and Serve America Applicants
ONLY
If you are not applying for a grant through Learn and
Serve
·
Will keep such
records and provide such information to the Corporation with respect to the
programs as may be required for fiscal audits and program evaluation.
·
Will comply with the
nonduplication, nondisplacement, and grievance procedure requirements of 45
CFR Part 2540.
·
Will, prior to the
placement of a participant, consult with the appropriate local labor
organization, if any, representing employees in the area who are engaged in the
same or similar work as that proposed to be carried out by the program, to
prevent the displacement and protect the rights of those
employees.
·
Will comply with the
45 CFR 2540.200-207 criminal history check requirements for all individuals
receiving a living allowance, stipend, national service educational award, or
salary through a program receiving assistance under the national service
laws—regardless of the type of service the individual is performing or the
individual’s access to vulnerable populations.
·
Will comply with the
parental involvement requirements 45 CFR 2540.330.
·
Will, for
school-based grants, make efforts to:
1.
ensure that students
of different ages, races, sexes, ethnic groups, disabilities, and economic
backgrounds have opportunities to serve together;
2.
include any
opportunities for students, enrolled in schools or programs of education
providing elementary or secondary education, to participate in service-learning
programs and ensure that such service-learning programs include opportunities
for such students to serve together;
3.
involve participants
in the design and operation of the programs;
4.
promote
service-learning in areas of greatest need, including low-income or rural areas;
and
5.
otherwise
integrate service opportunities into the academic program of the
participants.
For Social
Innovation Fund Applicants ONLY
If you are not
applying for a Social Innovation Fund grant, you may disregard this
section.
·
Will use
the funds received through the award in order to make subgrants to community organizations that will use the funds
to replicate or expand proven initiatives, or support new initiatives, in
low-income communities.
·
Will
consult with a diverse cross section of community representatives in making
decisions about subgrants for communities (including
individuals from the public, nonprofit private, and
for-profit private sectors).
·
Will
make subgrants of a sufficient size and scope to
enable the community organizations to build their capacity to manage
initiatives, and sustain replication or expansion of the
initiatives;
·
Will not
make any subgrants to--
·
the
parent organizations of the applicant,
·
a
subsidiary organization of the parent organization of the applicant, or,
·
if the
applicant applied for a SIF award as a partnership, any member of the
partnership.
·
Commits
to meeting the matching fund requirements of section 198k(i) of the National and
Community Service Act of 1990 (42 U.S.C. §12653k(i)).
·
Commits
to use data and evaluations to improve the applicant’s own model and to improve
the initiatives funded by the applicant.
·
Commits
cooperate with any evaluation activities undertaken by the
Corporation.
·
Has
adopted and implemented standard of conduct policies and procedures in regard to
procurements which meet the requirements of either 45 C.F.R. §2541.360(b)(3), or 2 C.F.R. §215.42 and 45 C.F.R.
§2543.42.
·
Has
adopted and implemented policies and procedures in regard to the applicant’s
subgrant competitions which will provide reasonable
assurance that conflicts of interest (or appearances of conflicts of interest)
on the part of reviewers or decision-makers are identified and appropriately
mitigated.