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APPUCANT ASSURANCES
<br />. ,The appR..ant hereby assures and certifies that he wUl comply with the FEMA regulations, policies, guidelines and requirements induding OMB's Circulars No. A-95 and A-
<br />1D2, 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 assurance and certifies
<br />with respect to and as a condition for the grant that:
<br />1. It possesses legal authority to apply for the grent, and to finance and consWct
<br />the proposed facilities; that a resoludan, motion or similar action has been duly
<br />adopted or passed as an official act of the applicant's gaveming body,
<br />authodzing the tiling of the application, induding all understandings and
<br />assurances contained therein, and directing and authorizing the person identfied
<br />as the official representative of the applicant to act in connection with the
<br />application and to provide such additional information as maybe required.
<br />2. it wUl comply with the provisions of: Executive Order 11988, relating to
<br />Floodplain Management and Executive Omer 11990, relating to Protection of
<br />Wetlands.
<br />3. It will have sufficient funds available to meet the non-Federal share of the cost
<br />for constructlon projects. Sufftcient funds will be avaiable when construction is
<br />completed do assure effective operation and maintenance of the fadliry for the
<br />purpose constructed.
<br />15. It wr11 comply with the provisions of the Hatch Act which limit the political
<br />activity of employees.
<br />16, it wiU comply with the minimum wage and maximum hours provisions of the
<br />Federal Fair labor Standards Act, as they apply to hospital and educational
<br />institution employees of State and local governments.
<br />t7. (To the best of his knowledge and beflef) the disaster relief work described on
<br />each Federal Emergency Management Agency (FEMA) Project Application for
<br />which Federal Finandal assistance is requested is eligible fi accordance with the
<br />criteria contained in 44 Code of Federel Regulations, Part 206, and applicable
<br />FEMA Handbooks.
<br />18. The emergency or disaster relief work therein described for which Federal
<br />Assistance is requested hereunder does not or will net duplicate benefits
<br />received for the same loss from another souroe.
<br />4. It wiU not enter Into a construction contract(s) for the project ar undertake other
<br />activities until the conditions of the grant program(s) have been meL
<br />5. It wUl provide and maintain competent end adequate architectural engineering
<br />supervision and Inspection at the construction site to insure that the completed
<br />work conforms with the approved plans and spedftcatlons; that h wiU famish
<br />progress. reports and such other information as the Federel grentor,agency may
<br />need.
<br />6. It will operate and maintain the fadlity in accordance with the minimum
<br />standards as may be required ar prescribed by the applicable Federal, State and
<br />local agencies for the maintenance and operation of such fadliUes.
<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, books,
<br />papers, ordocuments related to the grant.
<br />8. h will require the facility to be designed to cofiply with the "American Standard
<br />Specifications far Making 8ufidings and Facilitles Accessible to, and Usable by
<br />the Physically Handicapped; Number A117.1-1961, as modified (41 CFR 101-
<br />17-7031). The applicant will be responsible for conducting inspections to insure
<br />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 have
<br />been approved and will. see that work on the project will be prosecuted to
<br />completion with reasonable diligence.
<br />10. it will not dispose of or encumber its tide or other Interests in the site end
<br />facUlUes 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 TtUe VI of the Civil
<br />Rights Act of 1964 (P.L 83-352) and in accordance with Title VI of the Act, no
<br />person in the United States shall, on the ground of race., color, or national odgtn,
<br />be excluded from participation in, be denied the benefits of, or be otherwise
<br />subjected to d(scriminatlnn under any program or activity for which the applicant
<br />receives Federal ftnandal assistance and will immediately take any measures
<br />necessary to effectuate thla agreement If any real property or structure is
<br />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
<br />transfer of such property, any transferee, for the pedod during which the real
<br />property or structure is used for a purpose for which the Federal financial
<br />assistance is extended or for another purpose involving the provision of similar
<br />services or benefits.
<br />12. It will establish safeguards to prohibit employees from using their positions for
<br />a purpose that is or gives the appearance of being motivated by a desire for
<br />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 Tide II and Title Ill of the Uniform
<br />Rebcation Assistance and Real Properly Acquisitions Act of 1870 (P.L. 91-646)
<br />which provides For fair and equitable treatment of persons displaced as a result of
<br />Federal and Federelly assisted progrerns.
<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-Z88 as amended, and applkabie Federal Regulations.
<br />19. It will (1) provide without cost ~ the tinted States all lands, easements and
<br />rights-of-way necessary for accompUshments of the approved work; (2) hold and
<br />save the United States free from damages due to the approved work or Federal
<br />funding.
<br />20. This assurence is given in consideration of and for the purpose of obtaining
<br />any ,and ap Federal grants, loans, reimbursements, advances,. contracts,
<br />property, discounts of other Federal financial assistance extended after the date
<br />.hereof to the AppUcanf by FEAAA, that such .Federal Flnancial assistance will be
<br />extended in reliance on the representations and agreements made in this
<br />assurance and that the United States shall have the right to seek Judidal
<br />enforcement of this assurence. This assurance is binding on the applicant, Its
<br />successors, transferees, and assignees, .and 'the person or persons whose
<br />signatures appear on the reverse as authorized to sign this assurance on behalf
<br />of the applicant. ,
<br />21. It wiU comply with the flood insurance purchase requirements of Section
<br />102(a) of the Flood Disaster Protection Act of 1973, Public law 93-234, 87 Sta[.
<br />975, approved December 31; 1973. Section 102(a) requires, on and after March
<br />2,.1975, the purchase of flood insurance in communities where such insurance is
<br />available as a condition far the receipt of any Federal finandal assistance tar
<br />construction ar acquisitlon purposes for use in any area that has been identified
<br />by the Director, Federal Emergency Management Agency as an area having
<br />special flood hazards. The phrase 'Federal financial assistance" includes any
<br />forth of loan, grant, guerenty, Insurance payment, rebate, subsidy disaster
<br />assistance loan or grant, or any other forth of direct or indirect• Federal
<br />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, and
<br />necessary to protect against further lose to any property which was replaced,
<br />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 env(rorunental 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 1986, as amended, (18 U.S.C. 470),
<br />Executive Order 11593, and the Aroheological-and Historic Preservatlon Act of
<br />1866 (16 U.S.C. 469a-1 et seq.) by (a) consultlng with the State Histodc
<br />Preservadan Officer on the conduct of Investigations, as necessary, to identify
<br />properties Usted 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 Federe( grantor agency of the existence of any such properties,.
<br />and by (b) complying with all requirements established by the Federal grantor
<br />agency ~ avoid or mitigate adverse effects upon such properties.
<br />25. It will, for any repairs or construction financed herewith, comply with
<br />applkable standards of safety, decency and sanitation and in conformity with
<br />applicable codes, speciflgtlons and standards; and, will evaluate the natural
<br />hazards in areas in which the proceeds of the grant or loan are to be used and
<br />take appropdate action to mitigate such hazards, including safe lend use and
<br />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
<br />assume responsibility to the Federal government for any daftdencies not
<br />resolved to the satisfaction of the Regional Director.
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