APPLICANT ASSURANCES
<br />The Applicant hereby mutes and certifies that he will comply with the FEMA regulations, policies, guidelines, and requirements including
<br />OMB'. Circulars No. A-95 and A-102, and FMC 74.4, an they miss. to the application, cceptaac. and use of Federal funds for Nu Federally
<br />ablated project. Also, the Applicant gives ssmraoee and certifies with respect to and As a condition for the grant the,:
<br />1. It poaesaa legal authority to apply for the grant, and to fiwnce
<br />and construct Ne proposed facilities: 'bat • resolution, motion or
<br />similar action has been duly adopted or passed u an official act
<br />of the applicant's governing tinily. authorising the filing of she
<br />application, including all undentandinge and assurances contained
<br />th em in, and directing and authorizing the person identified As the
<br />official representative of the applicant to act in connection with
<br />the application and to provide such additional information u
<br />may be required.
<br />2. It will comply with the provisions of: Executive Order 11988.
<br />relating to Floodplain Management oil Eaacutim Order 11990,
<br />relating to Protection of Wetlands.
<br />3. It will hese sufficient fund. available to meet the nom Federal
<br />.hare of the cost for construction projects. Sufficient funds will
<br />be available when construction is completed to mum effective
<br />operation and maintenance of the facility for the purpose
<br />constructed.
<br />4. It will not enter into a construction ce ntr iet(s) for the project or
<br />undertake other activities until the conditions of she grant pro-
<br />gram.) haws been met.
<br />5. It will provide and maintain competent and adequate architeetur
<br />al engineering supervision and Inspection at the construction site
<br />to insure that the completed work confomu with the approved
<br />Plans and specifutions; that it will furnish progress reports and
<br />such other information an the Federal grantor agency may
<br />6. 11 will operate and maintain the facility in accordance with the
<br />minimum standards An may be required or prescribed by the
<br />applicable Federal. State and local agencies for the msuammince
<br />and operation of such facilities.
<br />7. It will give the grantor agency and the Comptroller General,
<br />through any authorized representative, scene to and the right to
<br />examine all record., books, papers, or documents related to the
<br />grant.
<br />S. It will require the facility to be designed to comply with the
<br />"American Standard Spaeiheslfonz for Making Buildings and
<br />Facilities Accessible to, and Usable by the Physically Handi-
<br />capped;' Number A] 17.1.1961. u modified (41 CFR 101.17-
<br />70314 The applicant will be responsible for conducting in.
<br />sPections to insure compliance with these apecificuions by
<br />the contractor.
<br />9. It will cause work on the project to be commenced within a
<br />reasonable time after receipt of notification from the approving
<br />Federal agency that funds have been approved and will awe that
<br />work on the project will be prosecuted to completion with
<br />reasonable diligence.
<br />10. It will not dispose of or encumber its tide or other interau in
<br />the site and facilities during the period of Federal interest or
<br />while the Government hold, bonds, whichever is the longer.
<br />11. It agrees to comply with Section 311, P.I. 93.288 and with
<br />Title VI of the Civil Rights Act of 1964 (P.L 83.3521 and in
<br />accordance with Title VI of the Act, no person in the United
<br />Stat" ,hall, on the ground of race, color, or national origin, be
<br />excluded from participation in. W denied the benefits of, or be
<br />otherwise subjected to discrimination under any program or
<br />activity for which the applicant receives Federal fle,m iel aa-
<br />si,tance and will Immediately take any measures necessary to
<br />effectuate this agreement. If any real property or structure is
<br />provided or improved wlth the aid of Federal financial amara
<br />mice extended to the Applicant, this mumnim ,hill obligate the
<br />Applicant, or In the ease of any truofer of such property. any
<br />transferee, for the period during which the nal property or
<br />structure is used for • purpose for which the Federal r1omcial
<br />mistante is extended or for another purpose Involving the
<br />Provision of similar services or benefits.
<br />12. It will establish safeguards b prohibit employee from using
<br />their positions far • purpose that in or give the appearance of
<br />being motivated by a denim for Private pin for themalva or
<br />Others. panicululy than with whom they have family, buainreti
<br />or other tin.
<br />13. It will comply with the requirements of Tide Il and Title ILL of
<br />the Uniform Relocation Assistance and Real Property Aqui.
<br />sitions Act of 1970 (P.L 91.646) which provider for fair and
<br />equitable treatment of persons displaced u a result of Federal
<br />and Fedenllymuted progmm,,'
<br />14. It wUl comply with all mquk menu Imposed by the Federal
<br />grantor agency concerning 1peeial requirements of law, ptogrun
<br />requirements, and other admini&trative requirements approved in
<br />accordance with OMB Circular A402, GL 93.288 u amended,
<br />and applicable Federd Ragulitlont
<br />15. It will comply with the provisions of the Hatch Act which limit
<br />the political activity of employe".
<br />16. It will comply with the minimum wage and maximum hours
<br />provisions of the Federal Fair Labor Standards Act, " they apply to
<br />hospital and educational insutution employees of Stale and
<br />local governments.
<br />17. (To the bat of his knowledge and belief) the disease, relief work
<br />described on each Federal Emergency Management Agency
<br />(FEMA) Project Application for which Federal Financial acv
<br />sistmee is requested is eligible in accordance with the criteria
<br />contained in 44 Code of Federal Regulation, Pen 205, and
<br />applicable FEMA Handbooks.
<br />18. The emergency or diaster relief work therein described for
<br />which Federal Assistance in requested hereunder does not or
<br />will not duplicate benefits received for the same loss from
<br />another source.
<br />19. It will (1) provide without coat to the United States all lands,
<br />easements and righurof-wry necessary for accomplishment of the
<br />approved work; (2) hold and ave the United Stain free from
<br />damagn due to the approved work or Federal funding.
<br />20. Thu murance is given in consideration of and for the purpose of
<br />obtaining any and all Federal grants, loans, reimbursements, ad-
<br />vances, contracts, property, discounts of other Federal financial
<br />mistance extended after the data Irersof to the Applicant by
<br />FEMA, that such Federal Financial assistance will be extended in
<br />reliance on the representations and agmements made in this a-
<br />aunnce and that the United Stat" shall have the right to seek
<br />judicial enforcement of this murance. This assurance is binding
<br />on the applicant, is succession. transferee, and assignees, and the
<br />person or persons whose signatures appear on the reverse As au-
<br />thorized to sign this murance on behalf of the applicant.
<br />21. It will comply with the Rood insurance purchase requirements of
<br />Section 102(aI of the Flood Disaster Protection Act of 1973,
<br />Public law 93.234, 87 Stat. 975, approved December 31, 1973.
<br />Section 102(x) requires, an and after March 2, 1975, the purchase
<br />of Rood insurance in communities where such insurance is
<br />available an a condition for the receipt of any Federal financial
<br />mistance for construction or acquisition purposes for use in any
<br />area that ha been identified by the Director, Federal Emergency
<br />Management Agency as an aro having special Rood hazards. The
<br />phrme "Federal financial assistance" include, any form of loan,
<br />grant, guaranty. insurance payment, rebase, subsidy. disaster
<br />misunce loan or grant, at any other form of direct or indirect
<br />Feder.) mistance.
<br />22. It will comply with the insurance requirements of Section 314,
<br />PL 93288, to obtain and maintain my other insurance An may be
<br />reasonable, adequate, and necessary to protect against further lose
<br />to any property which was replaced, restored, repaired, or can.
<br />strutted with this mistance.
<br />23. It will defer funding of any projects involving flexible funding
<br />until FEMA makes a (&.amble environmental clearance, if this
<br />is required.
<br />24. It will it the Federal grantor agency in its compliance with
<br />Section 106 of the National Historic lamm",lion Act of 1986,
<br />" Amended, (16 U.S.0 470), Executive Order 11593, and the
<br />Archeological and Historic Preservation Act of 1986 (16 U.S.G
<br />469a3 at seq.) by (a) consulting with the Stab Historic Prean
<br />vation Officer on the conduct of Investigations, an ata sseary,
<br />90 identify properties listed In or eligible for Inclusion In the
<br />National Register of Historic plana that sat subject to adverse
<br />effects (ses 36 CFR Pan 800.8) by the activity, and notifying
<br />the Federal grantor agency of the existenea of any such proper
<br />it", and by (b) complying with all requirements established by
<br />the Federal grantor agency to avoid or mitigate adverse effects
<br />upon such properties.
<br />25. It will, for any repair, or construction financed herewith, comply
<br />with applicable standards of ufsty, decency and sanitation and
<br />in conformity with applicable cod", apaificstions and saner
<br />dards; and, will evaluate the natural hazards in emu in which
<br />the proceeds of the grant or lam Are to be used and take ape
<br />PmPriste action to mitigate such haxarda, including safe Land
<br />use and construction practices.
<br />STATE ASSURANCES
<br />The State agree to take my necessary action within State capabilities
<br />to require compliance with thea saarmea and agreements by the
<br />apPllcael or to assume mPonsibditY W the Federal government (or
<br />my deficiencir not msolved an the satisfaction of the Regional
<br />Director.
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