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<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 /> 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 and construct 15. It will comply with the provisions of the Hatch Act,as amended,5 USC 1501
<br /> the proposed facilities; that it is duly authorized pursuant to appropriate et.seq.and 7324 et.seq.,which limit the political activity of employees.
<br /> applicant authority and/or a resolution,motion or similar action has been duly 16. It will comply with the minimum wage and maximum hours provisions of
<br /> adopted or passed as an official act of the applicant's governing body and that the Federal Fair Labor Standards Act,29 U.S.C.Section 201 et seq.,as they
<br /> the agents and officials designated herein are duly authorized under North apply to hospital and educational institution employees of State and local
<br /> Carolina law to act on behalf of the organization in all dealings with the State governments.
<br /> of North Carolina and the Federal Emergency Management Agency for all 17. (To the best of his knowledge and belief)the disaster relief work described
<br /> matters pertaining to the disaster assistance required by the agreements and on each Federal Emergency Management Agency(FEMA)Project
<br /> assurances contained herein. Application for which Federal Financial assistance is requested is eligible in
<br /> 2. It will comply with the provisions of Executive Order 11988, relating to accordance with the criteria contained in 44 Code of Federal Regulations,
<br /> Floodplain Management and Executive Order 12148,relating to Protection of Part 206,and applicable FEMA Handbooks.
<br /> Wetlands. 18. The emergency or disaster relief work therein described for which Federal
<br /> 3. It will have sufficient funds available to meet the non-Federal share of the Assistance is requested hereunder does not or will not duplicate benefits
<br /> cost for construction projects. Sufficient funds will be available when received for the same loss from another source.
<br /> construction is completed to assure effective operation and maintenance of the 19. It will(1)provide without cost to the United States all lands,easements and
<br /> facility for the purpose constructed. rights-of-way necessary for accomplishments of the approved work;(2)hold
<br /> 4. It will not enter into a construction contract(s) for the project or undertake and save the United States free from damages due to the approved work or
<br /> other activities until the conditions of the grant program(s)have been met.
<br /> Federal funding.
<br /> 20. This assurance is given in consideration of and for the purpose of obtaining
<br /> 5. It will provide and maintain competent and adequate architectural engineering any and all Federal grants,loans,reimbursements,advances,contracts,
<br /> supervision and inspection at the construction site to insure that the completed property,discounts of other Federal financial assistance extended after the
<br /> work conforms with the approved plans and specifications;that it will furnish date hereof to the Applicant by FEMA,that such Federal Financial assistance
<br /> progress reports and such other information as the Federal grantor agency may will be extended in reliance on the representations and agreements made in this
<br /> need. assurance and that the United States shall have the right to seek judicial
<br /> 6. It will operate and maintain the facility in accordance with the minimum enforcement of this assurance.This assurance is binding on the applicant,its
<br /> standards as may be required or prescribed by the applicable Federal,State and successors,transferees,and assignees,and the person or persons whose
<br /> local agencies for the maintenance and operation of such facilities. signatures appear on the reverse as authorized to sign this assurance on
<br /> 7. It will give the awarding agency,the Comptroller General of the United States behalf of the applicant.
<br /> and,if appropriate,the State,the right to examine all records,books,papers,or 21. It will comply with the flood insurance purchase requirements of Section
<br /> documents related to the assistance; and will establish a proper accounting 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234,87
<br /> system in accordance with generally accepted accounting standards or agency Stat. 975, approved December 31, 1973,as amended,42 U.S.C.40001 et.
<br /> directives. 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 /> 8. It will require the facility to be designed to comply with the "American where such insurance is available as a condition for the receipt of any Federal
<br /> Standard Specifications for Making Buildings and Facilities Accessible to,and financial assistance for construction or acquisition purposes for use in any area
<br /> Usable by the Physically Handicapped,"Number A117.1-1961,as modified that has been identified by the Director, Federal Emergency Management
<br /> (41 CFR 101-17-7031). The applicant will be responsible for conducting Agency as an area having special flood hazards. The phrase "Federal
<br /> inspections to ensure compliance with these specifications by the contractor. financial assistance" includes any form of loan, grant, guaranty, insurance
<br /> 9. It will cause work on the project to be commenced within a reasonable time payment,rebate,subsidy,disaster assistance loan or grant,or any other form
<br /> after receipt of notification from the approving Federal agency that funds of direct or indirect Federal assistance.
<br /> have been approved and will see that work on the project will be prosecuted to 22. It will comply with the insurance requirements of Section 314,PL 93-288,to
<br /> completion with reasonable diligence. obtain and maintain any other insurance as may be reasonable,adequate,and
<br /> 10. It will not dispose of or encumber its title or other interests in the site and necessary to protect against further loss to any property which was replaced,
<br /> facilities during the period of Federal interest or while the Government holds restored,repaired,or constructed with this assistance.
<br /> bonds,whichever is the longer. 23. It will defer funding of any projects involving flexible funding until FEMA
<br /> 11. It agrees to comply with Section 311,P.L. 93-288 and with Title VI of the makes a favorable environmental clearance,if this is required.
<br /> Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of 24. It will assist the Federal grantor agency in its compliance with Section 106
<br /> the Act,no person in the United States shall,on the ground of race,color,or of the National Historic Preservation Act of 1966, as amended,54 U.S.C.
<br /> national origin,be excluded from participation in,be denied the benefits of,or 306108 (former 16 U.S.C. 470), Executive Order 11593, and the
<br /> be otherwise subjected to discrimination under any program or activity for Archeological and Historic Preservation Act of 1966 or 1974, 54 U.S.C.
<br /> which the applicant receives Federal financial assistance and will immediately 312501 et. seq.(16 U.S.C. 469a-1 et seq.) by (a) consulting with the State
<br /> take any measures necessary to effectuate this agreement.If any real property Historic Preservation Officer on the conduct of investigations,as necessary,
<br /> or structure is provided or improved with the aid of Federal financial to identify properties listed in or eligible for inclusion in the National Register
<br /> assistance extended to the Applicant, this assurance shall obligate the of Historic places that are subject to adverse effects(see 36 CFR Part 800.8)
<br /> Applicant,or in the case of any transfer of such property,any transferee,for by the activity,and notifying the Federal grantor agency of the existence of
<br /> the period during which the real property or structure is used for a purpose any such properties, and by(b)complying with all requirements established
<br /> for which the Federal financial assistance is extended or for another purpose by the Federal grantor agency to avoid or mitigate adverse effects upon such
<br /> involving the provision of similar services or benefits. properties.
<br /> 12. It will establish safeguards to prohibit employees from using their positions 25. It will, for any repairs or construction financed herewith, comply with
<br /> for a purpose that is or gives the appearance of being motivated by a desire for applicable standards of safety,decency and sanitation and in conformity with
<br /> private gain for themselves or others,particularly those with whom they have applicable codes,specifications and standards;and,will evaluate the natural
<br /> family,business,or other ties. hazards in areas in which the proceeds of the grant or loan are to be used and
<br /> 13. It will comply with the requirements of Title II and Title III of the Uniform take appropriate action to mitigate such hazards,including safe land use and
<br /> Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 91- construction practices.
<br /> 646)which provides for fair and equitable treatment of persons displaced as a STATE ASSURANCES
<br /> result of Federal and Federally assisted programs. The State agrees to take any necessary action within State capabilities to require
<br /> 14. It will comply with all requirements imposed by the Federal grantor agency compliance with these assurances and agreements by the applicant or to assume
<br /> concerning special requirements of law, program requirements, and other responsibility to the Federal government for any deficiencies not resolved to the
<br /> administrative requirements approved in accordance with OMB Circular A- satisfaction of the Regional Director.
<br /> 102,P.L.93-288 as amended,and applicable Federal Regulations.
<br /> 4/7/2020 North Carolina Division of Emergency Management-Designation of Applicant's Agent Page 2 of 2
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