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APPL[GANTASSURANCES
<br /> The applicant hereby assures and certifies that it will comply with the FEMA regulations,policies,guidelines and requirements including OMB's Circulars No.A-95 and A-102,and FMC
<br /> 74A,as they relate to the application,acceptance and use of Federal funds for this Federally assisted project. Also,the Applicant gives assurance and certifies with respect to and as a
<br /> condition for the grant that:
<br /> 16.It will comply with the provisions of the Hatch Act which limit the political
<br /> 1.It possesses legal authority to apply for the grant,and to finance and construct the activity of employees.
<br /> proposed facilities;that a resolution,motion or similar action has been duly adopted or
<br /> passed as an official act of the applicant's governing body,authorizing the filing of the 16.It will comply with the minimum wage and maximum hours provisions of the
<br /> application,including all understandings and assurances contained therein,and directing Federal Fair Labor Standards Act,as they apply to hospital and educational
<br /> and authorizing the person identified as the official representative of the applicant to act in institution employees of State and local governments.
<br /> connection with the application and to provide such additional information as may be required.
<br /> 17.(To the best of hi0er knowledge and belief}the disaster relief work described on
<br /> 2.It will comply with the provisions of.Executive Order 11988,relating to Floodplain each Federal Emergency Management Agency(FEMA)project Application for which
<br /> Management and Executive Order 11990,relating to Protection of Wetlands. Federal Financial assistance is requested is eligible In accordance with the criteria
<br /> contained in 44 Cade of Federal Regulations,Part206,and applicable FEMA
<br /> 3.It will have sufficient funds available to meet the non-Federal share of the cost for Handbooks.
<br /> construction projects. Sufficient funds will be available when construction is completed to
<br /> assure effective operation and maintenance of the facility for the purpose constructed. 18.The emergency or disaster relief work therein described for which Federal
<br /> Assistance is requested hereunder does not or will not duplicate benefits
<br /> 4.It will not enter into a construction contract(s)for the project or undertake received for the same loss from another source.
<br /> other activities until the conditions of the grant program(s)have been met
<br /> 19.It will(1)provide without cost to the United States all lands,easements and
<br /> 5.It will provide and maintain competent and adequate architectural engineering rights-of-way necessary for accomplishments of the approved work;(2)hold and
<br /> supervision and inspection at the construction site to insure that the completed save the United Slates free from damages du to the approved work or Federal funding.
<br /> work conforms with the approved plans and specifications;that it will famish
<br /> progress reports and such other Information as the Federal grantor agency may need. 20.This assurance is given in consideration of and for the purpose of obtaining
<br /> any and all Federal grants,loans,reimbursements,advances,contracts,property,
<br /> 6.It will operate and maintain the facility in accordance with the minimum discounts of other Federal financial assistance extended after the date hereof to the
<br /> standards as may be required or prescribed by the applicable Federal,State Applicant by FEMA,that such Federal Financial assistance will be extended in reliance
<br /> and local agencies for the maintenance and operation of such facilities. on the representations and agreements made in this assurance and that the United
<br /> States shall have the right to seek judicial enforcement of this assurance. This
<br /> 7.It will give the grantor agency and the Comptroller General,through any assurance is binding an the applicant,its successors,transferees,and assignees,
<br /> authorized representative,access to and the right to examine all records, and the person or persons whose signatures appear on the reverse as authorized to
<br /> books,papers,or documents related to the grant. sign[his assurance on behalf of the applicant.
<br /> 8.It will require the facility to be designed to comply with the"American 21.It will comply with tha Flood insurance purchase requirements of Section 102(a)of
<br /> Standard Specifications for Making Buildings and Facilities Accessible to, the Flood Disaster Protection Act of 1973,Public Law 93-234,87 Stat 975,approved
<br /> and Usable by the Physically Handicapped,"Number A117.1-1961,as modified December 31,1973. Section 102(a)requires,on and after March 2,1975,the purchase
<br /> (41 CFR 101-17-7031), The applicant will be responsible for conducting of flood insurance in communities where such insurance is available as a condition for
<br /> inspections to insure compliance with these specifications by the contractor. the receipt of any Federal financial assistance for construction or acquisition purposes
<br /> for use in any area that has been identified by the Director,Federal Emergency
<br /> 9.It will cause work on the project to be commenced within a reasonable time Management Agency as an area having special flood hazards. The phrase"federal
<br /> after receipt of notification from the approving Federal agency that funds financial assistance'includes any form of loan,grant,guaranty,insurance payment,
<br /> have been approved and will see that work on[he project will be prosecuted rate le,subsidy,disaster assistance loan or grant,or any other form of direct or indirect
<br /> to completion with reasonable diligence. Federal assistance.
<br /> 10.It will not dispose of or encumber its title or other interests in the site and 22.It will comply with the insurance requirements of Section 314,PL 93-288,to
<br /> facilities during the period of Federal interest or white the Government holds obtain and maintain any other insurance as may be reasonable,adequate,
<br /> bonds,whichever is the longer. and necessary to protect against further loss to any property which was
<br /> replaced,restored,repaired,or constructed with this assistance.
<br /> 11.It agrees to comply with Section 311,P.L.93-288 and with 7itte VI of the
<br /> Civil Rights Act of 1964(P.L.83-352)and in accordance with Tide VI of the Act, 23,It will defer funding of any projects involving flexible funding until FEMA
<br /> no person in the Uri!led States shall,on the ground of race,color,or national makes a favorable environmental clearance,if this is required.
<br /> origin,be excluded from participation in,be denied the benefits of,or be
<br /> otherwise subjected to discrimination under any program or activity for which the 24.It will assist the Federal grantor agency in its compliance with Section 106 of
<br /> appticantreceives Federal financial assistance and will immediately take any the National Historic Preservation Act of 1966,as amended,(16 U.S.C.470),
<br /> measures necessary to effectuate this agreement. If any real property or structure Executive Order 11593,and the Archeological and Historic Preservation Act of
<br /> is provided or improved with tha aid of Federal financial assistance extended to the 1966(16 U.S.C.469a-1 et seq.)by(a)consulting with the State Historic
<br /> Applicant,this assurance shall obligate the Applicant,or in the case of any transfer Preservation Officer on the conduct of investigations,as necessary,to identify
<br /> of such property,any transferee,for the period during which the real property or properties listed in or eligible for inclusion in the National Register of Historic
<br /> structure Is used far a purpose for which the Federal financial assistance is extended places that are subject to adverse effects(see 36 CFR Part 800.8)by the activity,
<br /> or for another purpose involving the provision of similar services or benefits. and notifying the Federal grantor agency of the existence of any such properties,
<br /> and by(b)complying with all requirements established by the Federal grantor agency
<br /> 12.It will establish safeguards to prohibit employees from using their positions to avoid or mitigate adverse effects upon such properties.
<br /> for a purpose that Is or gives the appearance of being motivated by a desire
<br /> for private gain for themselves or others,particularly those with whom they have 25.It will,for any repairs or construction f rnanced herewith,comply with
<br /> family,business,or other ties. applicable standards of safety,decency and sanitation and in conformity
<br /> with applicable codes,specifications and standards;and,will evaluate the
<br /> 13.It will comply with the requirements of Title II and Title 111 of the Un[form nalufat hazards in areas in which the proceeds of the grant or loan are to be
<br /> Relocation Assistance and Real Property Acquisitions Act of 1970(P.L 91-6446) used and take appropriate action to mifigate such hazards,including safe
<br /> which provides for fair and equitable treatment of persons displaced as a result of land use and construction practices.
<br /> Federal and Federally assisted programs.
<br /> STATE ASSURANCES
<br /> 14.It will comply with all requirements imposed by the Federal grantor agency
<br /> concerning special requirements of law,program requirements,and other The State agrees to take any necessary action within State capabilities to require
<br /> administrative requirements approved in accordance with OMS Circular A-102, compliance with these assurances and agreements by the applicant or to assume
<br /> F.L.93-288 as amended,and applicable Federal Regulations, responsibility to the Federal government for any deficiencies not resolved to the
<br /> satisfaction of the Regional Director.
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