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APPLICANT ASSURANCES
<br />The applicant hereby assures and certifies that he will comply with the FEMA regulations, policies, guidelines, and requirements including OMB's 2
<br />Circulars No. A -95 and A -102, and FMC 74-4, as they relate to the application, acceptance and use of Federal funds for this Federally- assisted project.
<br />Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that:
<br />1. It possesses legal authority to apply for the grant, and to finance
<br />an d construct the proposed facilities; that a resolution, motion or
<br />similar action has been duly adopted or passed as an official act of
<br />the applicant's governing body, authorizing the filing of the
<br />application, including all understandings and assurance contained
<br />therein, and directing and authorizing the person identified as the
<br />official representative of the applicant to act in connection with
<br />the application and to provide such additional information as may
<br />be required.
<br />2. It will comply with the provisions of: Executive Order 11988,
<br />relating to Floodplain Management and Executive Order 11990,
<br />relating to Protection of Wetlands.
<br />3. It will have sufficient funds available to meet the non - Federal
<br />share of the cost for construction projects. Sufficient funds will be
<br />available when construction is completed to assure effective
<br />operation and maintenance of the facility for the purpose
<br />constructed
<br />4. It will not enter into a construction contract(s) for the project or
<br />undertake other activities until the conditions of the grant
<br />program(s) have been met.
<br />5. It will provide and maintain competent and adequate architectur -al
<br />engineering supervision and inspection at the construction site to
<br />insure that the completed work conforms with the approved plans
<br />and specifications; that it will furnish progress reports and such
<br />other information as the Federal grantor agency may
<br />6. It will operate and maintain the facility in accordance with the
<br />minimum standards as may be required or prescribed by the
<br />applicable Federal, State and local agencies for the maintenance
<br />and operation of such facilities.
<br />7. It will give the grantor agency and the Comptroller General,
<br />through any authorized representative, access to and the right to
<br />examine all records, books, papers, or documents related to the
<br />grant
<br />8. It will require the facility to be designed to comply with the
<br />"American Standard Specifications for Making Buildings and
<br />Facilities Accessible to, and Usable by the Physically Handi-
<br />capped," Number A117.1 -1961, as modified (41 CFR 101 -17-
<br />7031). The applicant will be responsible for conducting in-
<br />spections to insure compliance with these specifications by the
<br />contractor.
<br />9. It will cause work on the project to be commenced within a
<br />reasonable time after receipt of notification from the approving
<br />Federal agency that funds have been approved and will see that
<br />work on the project will be prosecuted to completion with
<br />reasonable diligence.
<br />10. It will not dispose of or encumber its title or other interests in the
<br />site and facilities during the period of Federal interest or while the
<br />Government holds bonds, whichever is the longer.
<br />11. It agrees to comply with Section 311. P.L. 93 -288 and with Title
<br />VI of the Civil Rights act of 1964 (P.L. 83 -352) and in accordance
<br />with Title VI of the Act, no person in the United States shall, on
<br />the ground of race, color, or national origin, be excluded from
<br />participation in, be denied the benefits of or be otherwise
<br />subjected to discrimination under any program or activity for
<br />which the applicant receives Federal financial as- sistance and will
<br />immediately take any measures necessary to effectuate this
<br />agreement If any real property or structure is provided or
<br />improved with the aid of Federal financial assist -ance extended to
<br />the Applicant, this assurance shall obligate the Applicant, or in the
<br />case of any transfer of such property, any transferee, for the period
<br />during which the real property or structure is used for a purpose
<br />for which the Federal fnaneial assistance is extended or for
<br />another purpose involving the provision of similar services or
<br />benefits.
<br />12. It will establish safeguards to prohibit employees from using their
<br />positions for a purpose that is or gives the appearance of being
<br />motivated by a desire for private gain for themselves or others,
<br />particularly those with whom they have family, business, or other
<br />ties.
<br />13. It will compl with the requirements of Title II and Title III of the
<br />lo
<br />Uniform Re cation 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 />14. It will comply with all requirements imposed by the Federal
<br />grantor agency concerning special requirements of law, program
<br />requirements, and other administrative requirements approved in
<br />accordance with OMB Circular A -102, P.L. 93 -288 as amended,
<br />and applicable Federal Regulations.
<br />15. It will comply with the provisions of the Hatch Act which limit the
<br />political activity of employees.
<br />16. It will comply with the minimum wage and maximum hours
<br />provisions of the Federal Fair Labor Standards Act, as they apply
<br />to hospital and educational institution employees of State and
<br />local governments.
<br />17. (To the best of his knowledge and belief) the disaster relief work
<br />described on each Federal Emergency Management Agency
<br />(FEMA) Project Application for which Federal Financial as-
<br />sistance is requested is eligible in accordance with the criteria
<br />contained in 44 Code of Federal Regulations, Part 205, and
<br />applicable FEMA Handbooks.
<br />18. The emergency or disaster relief work therein described for which
<br />Federal Assistance is requested hereunder does not or will not
<br />duplicate benefits received for the same loss from another source.
<br />19. It will (1) provide without cost to the United States all lands,
<br />easements and rights -of -way necessary for accomplishment of the
<br />approved work; (2) hold and save the United States free from
<br />damages due to the approved work or Federal funding.
<br />20. This assurance is given in consideration of and for the purpose of
<br />obtaining any and all Federal grants, loans, reimbursements, ad-
<br />vances, contracts, property, discounts of other Federal financial
<br />assistance extended after the date hereof to the Applicant by
<br />FEMA that such Federal Financial assistance will be extended in
<br />reliance on the representations and agreements made in this as-
<br />surance and that the United States shall have the right to seek
<br />judicial enforcement of this assurance. This assurance is binding
<br />on the applicant, its successors, transferees, and assignees, and the
<br />person or persons whose signatures appear on the reverse as au-
<br />thorized to sign this assurance on behalf of the applicant
<br />21. It will comply with the flood insurance purchase requirements of
<br />Section 102(a) of the Flood Disaster Protection Act of 1973,
<br />Public Law 93 -234, 87 Stat 975, approved December 31, 1973.
<br />Section 102(a) requires, on and after March 2, 1975, the purchase
<br />of flood insurance in communities where such insurance is
<br />available as a condition for the receipt of any Federal financial
<br />assistance for construction or acquisition purposes for use in any
<br />area that has been identified by the Director, Federal Emergency
<br />Management Agency as an area having special flood hazards. The
<br />phrase "Federal financial assistance" includes any form of loan,
<br />grant, guaranty, insurance payment, rebate, subsidy, disaster
<br />assistance loan or grant, or any other form of direct or indirect
<br />Federal assistance.
<br />22. It will complu with the insurance requirements of Section 314,
<br />P.L. 93 -288, to oabtain and maintain any other insurance as may
<br />be reasonable, adequate, and necessary to protect against further
<br />loss to any property which ws replace restored, repaired, or con-
<br />structed with this assurance.
<br />23. It will defer funding of any projects involving flexible funding
<br />until FEMA makes a favorable environmental clearance, if this is
<br />requried.
<br />24. It will assist the Federal grantor agency in its compliance with
<br />Section 106 of the National Historic Preservation Act of 1966, as
<br />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, to
<br />identify pro perties listed in or eligible for inclusion in the National
<br />Register of Historic places that are subject to adverse effects (see
<br />36 CFR Part 800.8) by the activity, and notifying the Federal
<br />grantor agency of the existence of any such proper -ties, and by (b)
<br />complying with all requirements established by the Federal
<br />grantor agency to avoid or mitigate adverse effects upon such
<br />properties.
<br />25. It will for any repairs or construction financed herewith, comply
<br />with applicable standards of safety, decency and sanitation and in
<br />conformity with applicable codes, specifications and stan- lards;
<br />and, will evaluate the natural hazards in areas in which the
<br />proceeds of the grant or loan are to be used and take ap- propriate
<br />action to mitigate such hazards, including safe land use and
<br />construction practices.
<br />STATE ASSURANCES
<br />The State agrees to take any necessary action within State capabilities to
<br />require compliance with these assurances and agreements by the
<br />applicant or to assume responsibility to the Federal government for any
<br />deficiencies not resolved to the satisfaction of the Regional Director.
<br />FF.MA Fnrm 90-61 MAR 81 F DAA.DOC
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