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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 />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 /> 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 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 />2. It will comply with the provisions of. Executive Order 11988, relating to Floodplain
<br />Management and Executive Order 11990, relating to Protection of Wetlands.
<br />3. It will have sufficient funds available to meet the non-Federal share of the cost for
<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.
<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 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
<br />and local agencies for the maintenance and operation of such facilities.
<br />7. It will give the grantor agency and the Comptroller General, through any
<br />authorized representative, access to and the right to examine all records,
<br />books, papers, or documents related to the grant.
<br />17. (To the best of his/her knowledge and belief) the disaster relief work described on
<br />each Federal Emergency Management Agency (FEMA) Project Application for which
<br />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 />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-way necessary for accomplishments of the approved work; (2) hold and
<br />save the United States free from damages due to the approved work or 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, property,
<br />discounts of other Federal financial assistance extended after the date hereof to the
<br />Applicant by FEMA, that such Federal Financial assistance will be extended in reliance
<br />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 />assurance is binding on the applicant, its successors, transferees, and assignees,
<br />and the person or persons whose signatures appear on the reverse as authorized to
<br />sign this assurance on behalf of the applicant.
<br />8. It will require the facility to be designed to comply with the "American
<br />Standard Specifications for Making Buildings and Facilities Accessible to,
<br />and 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 insure 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
<br />to completion with reasonable diligence.
<br />10. It will not dispose of or encumber its title or other interests in the site and
<br />facilities during the period of Federal interest or while the Government holds
<br />bonds, whichever is 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. 83-352) and in accordance with Title VI of the Act,
<br />no person in the United States shall, on the ground of race, color, or national
<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
<br />applicant receives Federal financial assistance and will immediately take any
<br />measures necessary to effectuate this agreement. If any real property or structure
<br />is provided or improved with the aid of Federal financial assistance extended to the
<br />Applicant, this assurance shall obligate the Applicant, or in the case of any transfer
<br />of such property, any transferee, for the period during which the real property or
<br />structure is used for a purpose for which the Federal financial assistance is extended
<br />or for another purpose 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
<br />for 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. 91-646)
<br />which provides for fair and equitable treatment of persons displaced as a result of
<br />Federal and Federally assisted 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-102,
<br />P.L. 93-288 as amended, and applicable Federal Regulations.
<br />21. It will comply with the flood insurance purchase requirements of Section 102(a) of
<br />the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved
<br />December 31, 1973. Section 102(a) requires, on and after March 2, 1975, the purchase
<br />of flood insurance in communities where such insurance is available as a condition for
<br />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 />Management Agency as an area having special flood hazards. The phrase "Federal
<br />financial assistance" includes any form of loan, grant, guaranty, insurance payment,
<br />rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect
<br />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,
<br />and necessary to protect against further loss to any property which was
<br />replaced, 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 environmental clearance, if this is required.
<br />24. It will assist the Federal grantor agency in its compliance with Section 106 of
<br />the National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470),
<br />Executive Order 11593, and the Archeological and Historic Preservation Act of
<br />1966 (16 U.S.C. 469a-1 at seq.) by (a) consulting with the State Historic
<br />Preservation Officer on the conduct of investigations, as necessary, to identify
<br />properties listed in or eligible for inclusion in the National Register of Historic
<br />places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity,
<br />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 />to avoid or mitigate adverse effects upon such properties.
<br />25. It will, for any repairs or construction financed herewith, comply with
<br />applicable standards of safety, decency and sanitation and in conformity
<br />with applicable codes, specifications and standards; and, will evaluate the
<br />natural hazards in areas in which the proceeds of the grant or loan are to be
<br />used and take appropriate action to mitigate such hazards, including safe
<br />land use and construction practices.
<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 Regional Director.
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