Orange County NC Website
APPLICANT ASSURANCES <br />The applicant hereby assures and certifies that lie 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 />and 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 architeetur-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 grant or 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 ofnotification 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 Ap licant, this assurance shall obligate the Applicant, or in the <br />case of any transfer of such properly, any transferee, for the period <br />during which the real pro erty or structure is used for a purpose <br />for which the Federal f nancial assistance is extended or for <br />another purpose involving the provision of similar services or <br />benefits. <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 replaced, 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-I et seq.) by (a) consulting with the State Historic Preser- <br />vation Officer on the conduct of investigations, as necessary, to <br />identify properties 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 />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 comply with the requirements of Title II and Title III of the <br />Uniform Relocation 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 />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-dards; <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 Form 90-63. MAR R1 F DAA.DOC: