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APPLICANT ASSURANCES
<br />The Applicant hereby assures and certifies that he will comply with the FEMA regulations, poitei", guidelines, and requirements including
<br />OMB's Circulars No. A-95 and A-102, and FMC 74.4, as they eclat@ to the application, acceptance and use of Federal funds for this Federally-
<br />asatssed Project. Also, the Applicant gives auuranee and certifies with respect to and as a condition far the grant that:
<br />1. It pceseea" legal authority W apply for the grant, and to finance
<br />and construct the proposed facilities; that a revuh tion- motion or
<br />similar action has been duly adopted or passed u an official act
<br />of the applicant's governing bndy, authorizing the filing of the
<br />application. including all underatandinga and assurance contained
<br />therein. and directing and authorizing the Perron identified es 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 and Executive Order 11990,
<br />relating to Protection of Wetlands.
<br />3. It will hve sufficient funds available to meet the non -Federal
<br />&hen of the cat for construction projects. Sufficient funds will
<br />be available when construction is completed to sature effective
<br />operation and maintenance of the facility for the purpose
<br />constructed.
<br />4. It will not enter into a construction contractlsI for the project or
<br />undertake other activities until the conditions of the grant pro-
<br />gram(s) have been met.
<br />5. It will provide and maintain competent and adequate mlittectur-
<br />al engmeenng supervision and inspection at the construction site
<br />to insure that the completed work conforms with the approved
<br />plans and specifications; that it will furnish progress reports and
<br />such other information ss the Federal grantor agency may
<br />6. It will operate and maintain the facility in accordance rith the
<br />minimum standards as may be required or prescribed by the
<br />applicable Federal, State and local agencies for the maimenance
<br />and operation of such facilities.
<br />It will give the grantor agency and the Comptroller General,
<br />through any authorized representative, access to and the right to
<br />examine all records, books, papers, or documents related b the
<br />grant.
<br />8. It will require the facility to he designed to comply with the
<br />"American Standard Specifications for Making Buildings and
<br />Facilities Accembie to, and Usable by the Physically Handi-
<br />capped," Number A117.1.1961, u modified (41 CFR 101.17-
<br />7031). The applicant will be as
<br />for conducting in.
<br />specnom to insure compliance with these specification 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 see 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 title or other interests 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.L. 93-288 and with
<br />Title Vi of the Civil Rights Act of 1964 (P.L 83-352) and in
<br />accordance with Tide VI of the Act, no person in the United
<br />States shall, on the ground of race, color, or national origin, be
<br />excluded from participation in, be denied the benefits of, or be
<br />Otherwise subjected to discrimination under any program or
<br />activity for which the applicant receive Federal finanetal u-
<br />sistance and will immediately take any measures necessary to
<br />effectuate this agreement. If any real property or structure is
<br />provided or improved with the aid of Federal financial sesist.
<br />ance extended to the Applicant, this aesunnce .hall obligate the
<br />Applicant, or in the cane of any transfer of such property, any
<br />transferee, for the period during which the nal property or
<br />structure is used for a purpose for which the Federal financial
<br />assistance is extended or for another purpose involving the
<br />provision of similar servied or benefits.
<br />12. It will establish safeguards to prohibit employe" from using
<br />their portions for a purpose that it or gives theappearance of
<br />being motivated by a desire for private gain for lh..,Bvce or
<br />Others, particularly those with whom they have family, businese,
<br />or other tin.
<br />13. It will comply with the requirements of Title Il and Title III of
<br />the Uniform Relocation Assistance and Real Property Acquit.
<br />sitiom Act of 1970 (P.L 91.646) which protides for fair and
<br />equitable treatment of Persons displaced u a result of Federal
<br />and Federally -assisted programa.
<br />14. It will comply with ell requirements imposed by the Federal
<br />grantor agency concerning special requirements of law, program
<br />requirements, and other edministntive requirements approved in
<br />accordance with OMB Circular A-102, P.L 93.288 u wended,
<br />and applicable Federal Regulatioeu.
<br />15. It will comply with the provisions of the Hatch Act which limit
<br />the political aetivtty of employed.
<br />18. It will comply with the minimum wage and maximum hour
<br />provisions of the Federal Fair Labor Standards Act, as they apply to
<br />hospital and educational institution employees of State and
<br />local govemments.
<br />17. (To he but of his knowledge and belief) the disaster relief work
<br />described on each Federal Emergency Management Agency
<br />(FEMA) Project Application for which Federal Financial "
<br />dittence is mqudted is eligible in eccordanee with the criteria
<br />contained in 44 Code of Federal Regulations, Put 205, and
<br />applicable FEMA Handbooks.
<br />18. The emergency or disaster Nile( work therein described for
<br />which Federal Assistance is requested hereunder does not or
<br />will not duplicate benefits received for the same lou from
<br />another souRe.
<br />19. It will (1) provide without cost to the United States all lands,
<br />easement, and rightrof-way necessary for accomplishment of the
<br />approved work; (2) hold and nave the United Stat" free from
<br />damages due to the approved work or Federal funding.
<br />20. This assurance is given in consideration of and for the purpose of
<br />obtaining any and all Federal grants, loans, reimbursements, ad.
<br />vane", contracts, property, discounts of other Federal financial
<br />assistance extended after the date hereof to the Applicant by
<br />FEMA, that such Federal Financial assistance will be extended in
<br />reliance on the representations and agreements made in this as-
<br />surance and that the United Slates shall have the right to seek
<br />judicial enforcement of this assurance. This assurance is binding
<br />on the applicant, its successors, transferees, and assignees, and the
<br />person or persons whose signatures appear on the reverse as au-
<br />thorized to sign this assurance on behalf of the applicant.
<br />21. It will comply with the flood insurance purchase requirements of
<br />Section d02(a) of the Flood Disaster Protection Act of 1973.
<br />Public few 93-234. 87 Stat. 975, approved December 31, 1973.
<br />Section 102(a) requires, on and after March 2. 1975, the purchase
<br />of flood insurance in communities where such insurance is
<br />available u a condition for the receipt of any Federal financial
<br />assistance for construction or acquisition purposes for uta to any
<br />area that has been identified by the Director, Federal Emergency
<br />Management Agency " an area having special flood hazards. The
<br />phrase "Federal financial assistance" includes any form of loan,
<br />grant. guaranty, insurance payment, mbete, subsidy, disaser
<br />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,
<br />PL 93.288, to obtain and maintain any other insurance as may be
<br />reasonable, adequate. and necessary to protect against further lose
<br />to any property which was replaced, restored, repaired, or con.
<br />structed with this auhstance.
<br />23. It will defer funding of any projects involving flexible funding
<br />until FEMA makes a favorable environmental clearance, if this
<br />is required.
<br />24. It will aunt the Federal grantor agency in its compliance with
<br />Section 106 of the National Historic Preservation Act of 1966,
<br />u upended. (16 U.S.0 470k Executive Order 11593, and the
<br />Archeological and Historic Preservation Act of 1966 (16 U.S.C.
<br />469* -1 at seq-) by (a) coruulting with the State Historic Preser-
<br />vation Officer on the conduct of investigation,, as necessary.
<br />to identify properties listed in or eligible for inclusion in the
<br />National Register of Historic places that tae subject to adverse
<br />effects (see 36 CFR Part 800.8) by the activity, and notifying
<br />the Federal grantor agency of the existence of any such proper
<br />ties, 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 repairs or construction financed herewith, comply
<br />with applicable standard, of safety, decency and sanitation and
<br />in conformity with applicable codes, specifications and stan-
<br />dards; and, will evaluate the natural hazard, in areas in which
<br />the prxeed, of the grant or loan are to be used and take ap.
<br />ProPriate action to mitigate such hazards, including safe land
<br />use and construction practices.
<br />STATE ASSURANCES
<br />The State agrees to take MY ceeessary action within State capabilities
<br />tag require compliance with these usuranees and agreements by the
<br />applicant or to assume ImPonsibilitY to the Federal goverwent for
<br />any deficiencies not remhad to the satisfaction of the Regional
<br />Director.
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