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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 Circulars No.
<br /> A-95 and A- 102, and FMC 744 , 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 mill 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 , d rights-of--way necessary for accomplislunents of the approved work; (2) hold
<br /> 4 . It will not enter into a construction contract(s) for the project or undertake cy 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. Federal funding.
<br /> 20 . This assurance is given in consideration of and for the purpose of obtaining
<br /> 5 . It mill 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 1 . 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 At 17. 14961 , as modified that has been identified by the Director, Federal Emergency Management
<br /> (41 CFR 1 0 1 4 7-703 1 ) . 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 witliui 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 Govermnent 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 /> construction practices .
<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 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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