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APPLICANT ASSURANCES The Applicant hereby assures and ies that he will comply with the FEMA regulations,p guidelines,and requirements including Ob1B's Or,uhrs No A-95 and A-1 d FMC 74.4,as they relate to the application,accept and use of Federal funds for this Federally- assisit-d p�,o,c: Alio,the Appiica n.ves assurance and certifies with respect to and as a condi ton for the grant that: I It i„sst., , leg;,! authority to apply for the grant,and to finance 15. It will comply with the provisions of the Hatch Act which lin-, ant: comtiixt the proposed facilities;that a resolution,motion or the political activity of employees. ii;u, been duty adopted or passed as an official act of' th. applicant's governing body, authorizing the filing of the 16. It will comply with the minimum wage and maximum hour appiXiii wn.including all understandings and assurances contained provisions of the Federal Fair Labor Standards Act,as they apply thti< an,' directing and authorizing the person identified as the hospital and educational institution employees of State and of 1, ial repitorntative of the applicant to act in connection with local governments, the application and to provide such additional information as ma_, hi requi d. 17. (To the best of his knowledge and belief)the disaster relief work described on each Federal Emergency Management Agency 2 It will comply with the provisions of: Executive Order 11988, (FEMA) Project Application for which Federal Financial as- relat,ng to Floodplain Management and Executive Order 11990, sistance is requested is eligible in accordance with the criteria relating to Protection of Wetlands. contained in 44 Code of Federal Regulations, Part 205, and applicable FEMA Handbooks. 3. It will have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will 18. The emergency or disaster relief work therein described for be avada'ile when construction is completed to assure effective which Federal Assistance is requested hereunder does not or operation and maintenance of the facility for the purpose will not duplicate benefits received for the same loss from constructed. another source. 4. It will not enter into a construction contract(s)for the project or 19. It will (1) provide without cost to the United States all lands, undertake other activities until the conditions of the grant pro- easements and rights-of-way necessary for accomplishment of the gramts)have been met. approved work: (2) hold and save the United States free from damages due to the approved work or Federal funding. 5. It will provide and maintain competent and adequate architectur- al engineering supervision and inspection at the construction site 20. Thi> assurance is given in consideration of and for the purpose of to insure that the completed work conforms with the approved obtaining any and all Federal grants, loans, reimbursements, ad- plans and specifications,that it will furnish progress reports and vances, contracts, property, discounts of other Federal financial such other information as the Federal grantor agency may assistance extended after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in 6. It will operate and maintain the facility in accordance with the reliance on the representations and agreements made in this as- minimum standards as may be required or prescribed by the surance and that the United States shall have the right to seek applicable Federal, State and local agencies for the maintenance judicial enforcement of this assurance, This assurance is binding and operation of such facilities, on the applicant,its successors,transferees,and assignees,and the person or persons whose signatures appear on the reverse as au- 7. It will give the grantor agency and the Comptroller General, thorized to sign this assurance on behalf of the applicant. through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the 21. It will comply with the flood insurance purchase requirements of grant. Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1973. 8. It will require the facility to be designed to comply with the Section 102(a)requires,on and after March 2, 1975,the purchase "American Standard Specifications for Making Buildings and of flood insurance in communities where such insurance is Facilities Accessible to, and Usable by the Physically Handi- available as a condition for the receipt of any Federal financial capped," Number A117.1-1961, as modified (41 CFR 101-17- assistance for construction or acquisition purposes for use in any 7031). The applicant will be responsible for conducting in- area that has been identified by the Director,Federal Emergency spections to insure compliance with these specifications by Management Agency as an area having special flood hazards.The the contractor. phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster 9. It will cause work on the project to be commenced within a assistance loan or grant, or any other form of direct or indirect reasonable time after receipt of notification from the approving Federal assistance. Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with 22. It will comply with the insurance requirements of Section 314, reasonable diligence. PL 93-288, to obtain and maintain any other insurance as may be reasonable,adequate,and necessary to protect against further loss 10. It will not dispose of or encumber its title or other interests in to any property which was replaced, restored, repaired, or con- the site and facilities during the period of Federal interest or structed with this assistance. while the Government holds bonds, whichever is the longer. 23. It will defer funding of any projects involving flexible funding 11. It agrees to comply with Section 311, P.L. 93.288 and with until FEMA makes a favorable environmental clearance, if this Title VI of the Civil Rights Act of 1964 (P.L. 83-352) and in is required. accordance with Title VI of the Act, no person in the United 24. It will assist the Federal grantor agency in its compliance with States shall, on the ground of race, color, or national origin, be Section 106 of the National Historic Preservation Act of 1966, excluded from participation in, be denied the benefits of, or be as amended, (26 U.S.0 470}, Executive Order 11593, and the otherwise subjected to discrimination under any program or Archeological and Historic Preservation Act of 1966 (16 U.S.C. activity for which the applicant receives Federal financial as-to 469a-1 et seq.) by (a) consulting with the State Historic Preser- effec u and will immediately take any measures necessary is vation Officer on the conduct of investigations, as necessary, effectuate this agreement. If any real property in structure is to identify properties listed in or eligible for inclusion in the anceprovided or improved with the aid of Federal financial assist- National Register of Historic places that are subject to adverse App extended to the Applicant,this assurance shall obligate the effects (see 36 CFR Part 800.8) by the activity, and notifying Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or the Federal grantor agency of the existence of any such proper- structure is used for a purpose for which the Federal financial ties, and by (b) complying with all requirements established by assistance is extended or for another purpose involving the the and grantor agency to avoid or mitigate adverse effects upon such properties. provision of similar services or benefits. 12. It will establish safeguards to prohibit employees from using 20. It will, for any repairs or construction financed herewith,comply their positions for a purpose that is or gives the appearance of with applicable standards of safety, decency and sanitation anti being motivated by a desire for private gain for themselves or in conformity with applicable codes, specifications and stan- others, particularly those with whom they have family,business, dards; and, will evaluate the natural hazards in areas in which or other ties, the proceeds of the grant or loan are to be used and take ap- propriate action to mitigate such hazards, including safe land 13. It will Comply with the requirements of Title II and Title III of use and construction practices. the Uniform Relocation Assistance and Real Property Acqui- sitions Act of 1970 (P.L. 91.646) which provides for fair and equitable treatment of persons displaced as a result of Federal STATE ASSURANCES and Federally-assisted programs. 14. It will comply with all requirements imposed by the Federal grantor avenc-N concerning special requirements of law, progr.:n titate agrees to take any necessar, act;:. a,tnin State capabilities r, nu er,d other admi:...tral+.. requ.rcmeat� approved in to require compliance with these assurai«.. ' -preements by the accordance with OMB Circular A-102, P.L. 93.288 as amended, applicant or to assume responsibility to the Feat a, bt,.�rnment for and applicable Federal Regulations. an} deficiencies not resolved to the satisfaction of the Regional Director.