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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. <br />