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APPLICANT ASSURANCES
<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 /> 744, 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 /> 15 . 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 applicants 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 his/her 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 Code of Federal Regulations, Part 206, 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 States free from damages due to the approved work or Federal funding ,
<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 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 on 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 this 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 the 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 93234, 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, 1976, the purchase
<br /> (41 CFR 101 -174031 ). 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 /> 90 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 the project will be prosecuted rebate, 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 93288, to
<br /> facilities during the period of Federal interest or while 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 3111 P. L. 93288 and with Title VI of the
<br /> Civil Rights Act of 1964 (P. L. 83-352) and in accordance with Title VI of the Act, 23 . It will defer funding of any projects involving flexible funding until FEMA
<br /> no person in the United 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 /> applicant receives 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 the 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 for 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 financed 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 11 and Title III of the Uniform natural hazards in areas in which the proceeds of the grantor loan are to be
<br /> Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646) used and take appropriate action to mitigate 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 OMB Circular A-102, compliance with these assurances and agreements by the applicant or to assume
<br /> P .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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