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APPLICANT AS5URANCti5
<br />The appl(cant hereby assures and certifies that he will comply with the FEMA regulations, policies, guidelines and requirements including CMl3's Circulars Na. A-9S and A-
<br />102, and FMC 74-4, as they relate to the application, acceptance and use of Federal funds far this Federally-assisted project Also, the Applicant gives assurance and certifies
<br />with respect to and as a condition far the grant that:
<br />1. It possesses legal authority t4 apply for the grant, and tp finance and cansWct
<br />the proposed facilities; that a resoludpn, motion or similar acdan has been duly
<br />adopted ar passed as an official act of the applicant's_ gpveming body,
<br />authorizing the t-cling of the application, including all understandings and
<br />assurances contained therein, and directing and authorizing the person identified
<br />as the official representative of the applicant 0o act in cannectlon with the
<br />appllcatlon and to provide such additional tnfamlaticn as may 6e required.
<br />2. It will comply with the provlsipns af•. ~tacudve Order 11988, relatlng la
<br />Flaadplain Management and F~cecudve Ober 11990, relating to Protection of
<br />Wadands.
<br />3. It wal have sufficient funds available to meet the non-Federal share of the cost
<br />for cansWction projects. Sufndent funds wHl 6e available when consWcdon is
<br />completed tp assure effective operation and maintenance pf the facility far the
<br />purpose consWctad,
<br />15. It will comply with the previsions of the Hatch Act which limit the political
<br />activity of employees:
<br />18. It will comply with the minimum wage and maximum hours provisipns of the
<br />Federal Falr Lobar Standards Acf, as they apply to hospital and educational
<br />institution employees of State and local governments.
<br />17. (Tp the best of his knowledge and belief) the disaster reneF work described on
<br />each Federal tJttergenry Management Agenry (FlSVW) Project Application for
<br />which Federal Financial assistance is requested is eligible in accordance with the
<br />criteria conaained In 44 Code of Fedora( Regulations, Part 206, and applicable
<br />FEhAA Nandbacks.
<br />18. The emergenry ar disaster reilef work therein described far whidt Federal
<br />Assistance L4 requested hereunder does net or will not duplicate benefits
<br />received for the same loss from another source.
<br />4. It will not enter into a construction contract(s) far ate project or undertake other
<br />activities until the conditions of the grant prograrrl(s} have been met
<br />5. It will provide and maintain competent and adequate arohitecturel englneedng
<br />supervision and inspection at the construction site W Insure that the campieted
<br />work ccnfarms with the approved plans and spedficatlans; that it will furnish
<br />progress reports and such other Information as the Federal grantor agenry may
<br />need.
<br />Et, It wr11 operate and maintain the fadliry In accordance whh the minimum
<br />standards as may be required or presr~ibad by the applicable Federal, State and
<br />local agendas tar the maintenance and pperatlon of such fadildes.
<br />7. It will glue the grantor agency and the Camptraller General, through any
<br />authorized ropresentatlve, access h1 and the right trf examine all recarcls, backs,
<br />papers, or documents related to the grant
<br />8. It w(II require the facility to be designed to cafnply wkh the'American Standard
<br />5peciilcations tar Making t3uildings.and Facilities Accessible to, and Usable 6y
<br />the Physically Handicapped,' Number A117.1.1981, as modified (41 CFR 101-
<br />17.7031). The appl[cant will be responsible for conducting Inspectlons to Insure
<br />campllance with these speclfuadans by the contractor.
<br />e. It wfll cause work on the project W 6e commenced within a reasonable time
<br />after receipt of natlficatlan from the approving Faders! agency that funds have
<br />been approved and will sae that work on the projed will ba prosecuted to
<br />ccmpletlan with reasonable d9igence.
<br />10. tt will oat dispose at ar encumber its ads ar other Interests In the site and
<br />facilities during the period of Federel Interest or while the Government holds
<br />bands, whlohever Is the longer.
<br />1 t , It agrees to comply with 5ectlon 311, P.L- 93-288 and with T1da VI of the CivH
<br />Rights Act of 1964 (P.L, 8352) and In accordance with Title VI aF the Act, nil
<br />person In the United States shall, on the ground of race, odor, ar natlpnel origin,
<br />be excluded from parddpatlan In, 6s denied the benefits aF, ar be od+artY~e
<br />subjected to dlscriminatlon under any program or activity Tor which the applicant
<br />receives Federal flnandal assistance and wm Immediately take arty measures
<br />necessary to effectuate thla agreement If any real property ar tttrtrct<rre 1$
<br />provided or Improved with the old of Federal finandal assistance extended fa ate
<br />Applicant, this assurance shall abilgate the Applkant, or In the case af.any
<br />transfer of such properly, any transferee, for the period during which the real
<br />property ar structure (s used for a purpose for whlett the Federal financial
<br />assistance Is extended ar for another purpose ImroMng the provision of similar
<br />services nr benefits.
<br />12. It wll establish safeguards to prohibit employees from using their posldpns far
<br />a purpose that Is or gives are appearance of being motivated by a desire for
<br />private gain icr themselves or others., partkxtlariy those with whom they have
<br />family, business, ar other des.
<br />13. It will comply with the requirements of "title II and Title Ill of ate Unfiann
<br />Relacadon Assistance and Real Property Acqutsidans Act of 1970 (P.L 9146)
<br />which provides tar fair and equitable treatment aF 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 agenry
<br />concerning spedal requirements of law, program requirements, and other
<br />administrative requirements approved 41 accordance with qMS C(rcular A-102.
<br />P.L. 93-288 as amended, and applicable Federal Regulations.
<br />19.1t will (1) provide without east ro-the United States all lands, easements and
<br />rights-0f-way necessary for accompgshments of the approved work; (2) hold and
<br />save the United States free from damages due to the approved wpric or Federal
<br />funding.
<br />20. This assurance (9 given In cortsideradan of and for the purpose of obtaining
<br />any and aU Federal grants, leans, reimbursements, advances, contrac(h,
<br />property, discounts of other Federal finandal asslstancs extended after the date
<br />hereof to the Applicant by F>`MA. that such Federal Financial assistance wilt be
<br />extended In reliance on the representatlons and agreements iftade in this
<br />assurance and that the United States shag have the right to seek }udidal
<br />enforcement of this assurance, This assurance is binding on the- applicant, Its
<br />successors, transferees, and essMjnees, and the person ar persons whose
<br />signaturos appear an the reverse as authorized to sign this assurance on hahalf
<br />of the applicant
<br />21. It wN amply with the tbod Insurance. pun~tasa requlremenbt of 8ectlan
<br />102(a} of the Flood Disaster Protection Act al 1973, Pubilc taw 93.234, B7 Scat
<br />975, approved December 31; 1973.58d1an 102(a) requires, an and after Mardi
<br />2, 1975, the purohase of (food Insurance In cammunldes where such Insurance Is
<br />available as a condition for the receipt of arty Federal financial assistance for
<br />construcdan ar acqulsWon purposes Ear use In any area that has been identified
<br />by the Director, Federal Emargenty Management Agency as an area having
<br />spatial i~ad hazards. The phrase 'Federal firtandal assistance' Includes any
<br />form of loan, grant, guaranty, Inertronce payment, rebate, eubsldy, disaster
<br />assistance loan ar grant, or arty other Form of aired ar Indirect Federal
<br />assistance.
<br />22. It will comply with the Irtstrrance requlroments of Sactbn 314, PL 93-798, tc
<br />dytain and maintain arty ether Insurdrtce as may be reasonable, adequate, anc
<br />necessary tc pprated against further loss to any property which was replaced
<br />restored, repaired, ar constructed with tltle assistance.
<br />23. it will defer funding of any proJeds Invdvlrtg flexible funding until FEM~
<br />makes a Favorable envlronrrtenFal deaaartee, H this Is required.
<br />24. It will assist ate Federal grantor agency In I<a caritpnance with Sedlon 106 a
<br />the Natlanal Historic Praservatlan Ad a) 19th, as amended, (iB U.S.C. 470)
<br />Exeartlve ardor 11593, and the Archeological and Historic Preaenration Act c
<br />1986 (1 fi U.S.C. 4t39a-1 et seq.) by (a) consulting with the State Hismrir
<br />Preservation pfficer an the conduct of kwesdgadons, as necessary, to Idendh
<br />propertes ilsted In er eligible for Induslon In the National Register of Mistarii
<br />places drat are subject to adverse effeds (see 38 CFR part t300.9} by the activity
<br />and nptltying the Federal granter agenry of the existence of any such properties
<br />and by (b) complying with ail raqulrements established 6y the Federal grants
<br />agency to avid ar mitigate adverse effects upon such properties.
<br />S5. It win, for any repairs or consbudion financed herewith, comply wit.
<br />appflcakde standards of safety, decanry and sanitatlan and in txnktnnlty wit
<br />appficahle codes, specincatlons and standards; and, wifl evaluate the natun
<br />hazards In areas in which the proceeds pf the grant ar loan are to be used an
<br />take appropriate action to nu'tigats such hazards, including safe land use an
<br />construction practices.
<br />STATE ASSURANCES
<br />The Slats agrees bo take any necessary acdan within State capabilities to requir
<br />campilance with these assurances and agreements by the applicant or l
<br />assume responsibility to the Federal gaventment for any defidenaes n.
<br />resolved to the satisfaction of the Regional DlrecWr.
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