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4/7/2020 North Carolina Division of Emergency Management -Designation of Applicant’s Agent Page 2 of 2
<br />APPLICANT ASSURANCES
<br />The applicant hereby assures and certifies that he will comply with the FEMA regulations, policies, guidelines and requirements including OMB's Circulars No.
<br />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. Also, the Applicant gives
<br />assuranceand 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 and construct
<br />the proposed facilities; that it is duly authorized pursuant to appropriate
<br />applicant authority and/or a resolution, motion or similar action has been duly
<br />adopted or passed as an official act of the applicant’s governing body and that
<br />the agents and officials designated herein are duly authorized under North
<br />Carolina law to act on behalf of the organization in all dealings with the State
<br />of North Carolina and the Federal Emergency Management Agency for all
<br />matters pertaining to the disaster assistance required by the agreements and
<br />assurances contained herein.
<br />2. It will comply with the provisions of: Executive Order 11988, relating to
<br />Floodplain Management and Executive Order 12148, relating to Protection of
<br />Wetlands.
<br />3. It will have sufficient funds available to meet the non-Federal share of the
<br />cost for construction projects. Sufficient funds will be available when
<br />construction is completed to assure effective operation and maintenance of the
<br />facility for the purpose constructed.
<br />4. It will not enter into a construction contract(s) for the project or undertake
<br />other activities until the conditions of the grant program(s)have been met.
<br />5. It will provide and maintain competent and adequate architectural engineering
<br />supervision and inspection at the construction site to insure that the completed
<br />work conforms with the approved plans and specifications; that it will furnish
<br />progress reports and such other information as the Federal grantor agency may
<br />need.
<br />6. It will operate and maintain the facility in accordance with the minimum
<br />standards as may be required or prescribed by the applicable Federal, State and
<br />local agencies for the maintenanceand operation of such facilities.
<br />7. It will give the awarding agency, the Comptroller General of the United States
<br />and, if appropriate, the State, the right to examine all records, books, papers, or
<br />documents related to the assistance; and will establish a proper accounting
<br />system in accordance with generally accepted accounting standards or agency
<br />directives.
<br />8. It will require the facility to be designed to comply with the "American
<br />Standard Specifications for Making Buildings and Facilities Accessibleto, and
<br />Usable by the Physically Handicapped," Number A117.1-1961, as modified
<br />(41 CFR 101-17-7031). The applicant will be responsible for conducting
<br />inspections to ensure compliance with these specifications by the contractor.
<br />9. It will cause work on the project to be commenced within a reasonable time
<br />after receipt of notification from the approving Federal agency that funds
<br />have been approved and will see that work on the project will be prosecuted to
<br />completion with reasonablediligence.
<br />10. It will not dispose of or encumber its title or other interests in the siteand
<br />facilities during the period of Federal interest or while the Governmentholds
<br />bonds, whicheveris the longer.
<br />11. It agrees to comply with Section 311, P.L. 93-288 and with Title VI of the
<br />Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of
<br />the Act, no person in the United States shall, on the ground of race, color, or
<br />national origin, be excluded from participation in, be denied the benefits of, or
<br />be otherwise subjected to discrimination under any program or activity for
<br />which the applicant receives Federal financial assistance and will immediately
<br />take any measures necessary to effectuate this agreement. If any real property
<br />or structure is provided or improved with the aid of Federal financial
<br />assistance extended to the Applicant, this assurance shall obligate the
<br />Applicant, or in the case of any transfer of such property, any transferee, for
<br />the period during which the real property or structure is used for a purpose
<br />for which the Federal financial assistance is extended or for another purpose
<br />involving the provision of similar services or benefits.
<br />12. It will establish safeguards to prohibit employees from using their positions
<br />for a purpose that is or gives the appearance of being motivated by a desire for
<br />private gain for themselves or others, particularly those with whom they have
<br />family, business, or other ties.
<br />13. It will comply with the requirements of Title II and Title III of the Uniform
<br />Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.91-
<br />646) which provides for fair and equitable treatment of persons displaced as a
<br />result of Federal and Federallyassisted programs.
<br />14. It will comply with all requirements imposed by the Federal grantor agency
<br />concerning special requirements of law, program requirements, and other
<br />administrative requirements approved in accordance with OMB Circular A-
<br />102, P.L. 93-288 as amended,and applicableFederal Regulations.
<br />15. It will comply with the provisions of the Hatch Act, as amended, 5 USC 1501
<br />et. seq. and 7324 et. seq., which limit the political activityof employees.
<br />16. It will comply with the minimum wage and maximum hours provisions of
<br />the Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., as they
<br />apply to hospital and educational institution employees of State and local
<br />governments.
<br />17. (To the best of his knowledge and belief) the disaster relief work described
<br />on each Federal Emergency Management Agency (FEMA) Project
<br />Application for which Federal Financial assistance is requested is eligible in
<br />accordance with the criteria contained in 44 Code of Federal Regulations,
<br />Part 206, and applicable FEMA Handbooks.
<br />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 />received for the same loss from another source.
<br />19. It will (1) provide without cost to the United States all lands, easements and
<br />rights-of-waynecessary for accomplishments of the approved work; (2) hold
<br />and save the United States free from damages due to the approved work or
<br />Federal funding.
<br />20. This assurance is given in consideration of and for the purpose of obtaining
<br />any and all Federal grants, loans, reimbursements, advances, contracts,
<br />property, discounts of other Federal financial assistance extended afterthe
<br />date hereof to the Applicant by FEMA, that such Federal Financial assistance
<br />will be extended in reliance on the representationsand agreements made in this
<br />assurance and that the United States shall have the right to seek judicial
<br />enforcement of this assurance. This assurance is binding on the applicant, its
<br />successors, transferees, and assignees, and the person or personswhose
<br />signatures appear on the reverse as authorized to sign this assurance on
<br />behalf of the applicant.
<br />21. It will comply with the flood insurance purchase requirements of Section
<br />102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87
<br />Stat. 975, approved December 31, 1973, as amended, 42 U.S.C. 40001 et.
<br />seq.. Further, Sections 102and 103 (42 U.S.C. 4012a and 4015) required, on
<br />and after March 2, 1975, the purchase of flood insurance in communities
<br />where such insurance is available as a condition for the receipt of any Federal
<br />financialassistance for construction or acquisition purposes for use inany area
<br />that has been identified by the Director, Federal Emergency Management
<br />Agency as an area having special flood hazards. The phrase "Federal
<br />financial assistance" includes any form of loan, grant, guaranty, insurance
<br />payment, rebate, subsidy, disaster assistance loan or grant, or any other form
<br />of direct or indirect Federal assistance.
<br />22. It will comply with the insurance requirements of Section 314, PL 93-288, to
<br />obtain and maintain any other insurance as may be reasonable, adequate, and
<br />necessary to protect against further loss to any property which was replaced,
<br />restored, repaired, or constructed with this assistance.
<br />23. It will defer funding of any projects involving flexible funding until FEMA
<br />makes a favorable environmentalclearance, if this is required.
<br />24. It will assist the Federal grantor agency in its compliance with Section106
<br />of the National Historic Preservation Act of 1966, as amended, 54 U.S.C.
<br />306108 (former 16 U.S.C. 470), Executive Order 11593, and the
<br />Archeological and Historic Preservation Act of 1966 or 1974, 54 U.S.C.
<br />312501 et. seq. (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State
<br />Historic Preservation Officer on the conduct of investigations, as necessary,
<br />to identify properties listed in or eligible for inclusion in the National Register
<br />of Historic places that are subject to adverse effects (see 36 CFR Part 800.8)
<br />by the activity, and notifying the Federal grantor agency of the existence of
<br />any such properties, and by (b) complying with all requirements established
<br />by the Federal grantor agency to avoid or mitigate adverse effects upon such
<br />properties.
<br />25. It will, for any repairs or construction financed herewith, comply with
<br />applicable standards of safety, decency and sanitation and in conformitywith
<br />applicable codes, specifications and standards; and, will evaluate the natural
<br />hazards in areas in which the proceeds of the grant or loan are to be usedand
<br />take appropriate action to mitigate such hazards, including safe land useand
<br />constructionpractices.
<br />STATE ASSURANCES
<br />The State agrees to take any necessary action within State capabilities to require
<br />compliance with these assurances and agreements by the applicant or to assume
<br />responsibility to the Federal government for any deficiencies not resolved to the
<br />satisfaction of the RegionalDirector.
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