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<br />APPLICANT ASSURANCES
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<br />The Applicant hereby aSSUfl'S and certifies that he will comply with the FEMA regulations, policies, guidelines, and requirements including
<br />OMB's Circulars No, A-95 and A.102, and FMC 74.4. as they relate to the application, acceptance and use of Federal funds for this Federally.
<br />assisted project. Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that:
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<br />1.' It possesses legal authority to apply for' the grant, and to finance
<br />and construct the proposed facilities; that a resolution, motion or
<br />similar action has been duly adopted or passed as an official act
<br />of the applicant's governing body, authorizing the filing of the
<br />application, including all understandings and assurances contained
<br />therein. 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 as
<br />may be required, '
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<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,
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<br />3, It will have sufficient funds available to meet the non.Federal
<br />share of the cost for construction projects, Sufficient funds will
<br />be available when construction is completed to assure effective
<br />operation and maintenance of the facility for the purpose
<br />constructed.
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<br />4. It will not enter into a construction contract(s) for the project or
<br />undertake other activities until the conditions of the grant pro-
<br />gram(s) have been met.
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<br />5, It will provide and maintain competent and adequate architectur-
<br />al engineering 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 as the Federal grantor agency may
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<br />6, It will operate and maintain the facility in accordance with the
<br />minimum standards as may be required or prescribed by the
<br />applicable Federal, State and local agencies for the maintenance
<br />and operation of such facilities,
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<br />7, 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 to the
<br />grant.
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<br />8, It will require the facility to be designed to comply with the
<br />"American Standard Specifications for Making Buildings and
<br />Facilities Accessible to, and Usable by the Physically Handi.
<br />capped," Number A117,l-1961, as modified (41 CFR 101-17-
<br />7031), The applicant will be responsible for conducting in.
<br />spections to insure compliance with these specifications by
<br />the contractor,
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<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.
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<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 />whiie the Government holds bonds, whichever is the longer.
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<br />11. It agrees to comply with Section 311, P,L, 93.288 and with
<br />Title VI of the Ci\'i1 Rights Act of 1964 (P.L, 83.352) and in
<br />accordance with Title 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, 0; be
<br />otherwise SUbjected to discrimination under any program or
<br />activity for which the applicant receives Federal financial as-
<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 assist-
<br />ance extended to the Applicant. this assurance shall obligate the
<br />Applicant. or in the case of any transfer of such property. any
<br />transferee, for the period during which the real 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 services or benefits,
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<br />12, It :-viii e,s~ablish safeguards to prohibit employees from using
<br />their pOsitions for a purpose that is or gives the appearance of
<br />being motivated by a desirE' for private gain for themselves or
<br />others, particularly those with whom they havE' family, business,
<br />or other ties.
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<br />13, It will comply with the requirements of Title II and Title III of
<br />t~~ Uniform Rel~cation Assistance and Real Property Acqui.
<br />Sltl~ns Act of 19 10 (P, L. 91-646) which provides for fair and
<br />eqUitable treatment of persons displaced as a result of Federal
<br />and Federally-assisted programs,
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<br />14. It will comply with all requirements imposed by the Federal
<br />gran~or agency concerning special requirements of law, program
<br />requirements, and other administrative requirements approved in
<br />accordance with OMS Circular A-I02, P.L. 93-288 as amended
<br />and applicable Federal Regulations. '
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<br />15, It will comply with the provisions of the Hatch Act which limit
<br />the political activity of employees,
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<br />16. It will comply with the minimum wage and maximum hours
<br />provisions of the Federal Fair Labor Standards Act, as they apply to
<br />hospital and educational institution employees of State and
<br />local governments,
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<br />17, (To the best 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 as-
<br />sistance is requested is eligible in accordance with the criteria
<br />contained in 44 Code of Federal Regulations, ~art 205, and
<br />applicable FEMA Handbooks, ,I
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<br />18. The emergency or disaster relief work thereIn described for
<br />which Federal Assistance is requested hereunder does not or
<br />will not duplicate benefits received for the same loss from
<br />another source,
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<br />19, It will (1) provide without cost to the United States all lands,
<br />easements and rights-of-way necessary for accomplishment of the
<br />approved work; (2) hold and save the United States free from
<br />damages due to the approved work or Federal funding,
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<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 />vances, 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 States 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.
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<br />21. It will comply with the nood insurance purchase requirements of
<br />Section 102(a) of the Flood Disaster Protection Act of 1973,
<br />Public Law 93-234, 87 Stat, 975, approved December 31, 1973,
<br />Section 102(a) requires, on and after March 2, 1975, the purchase
<br />of nood insurance in communities where such insurance is
<br />available as a condition for the receipt of any Federal financial
<br />assistance for construction or acquisition purposes for use in any
<br />area that has been identified by the Director, Federal Emergency
<br />Management Agency as an area having special nood hazards, The
<br />phrase "Federal financial assistance" includes any form of loan,
<br />grant, guaranty, insurance payment, rebate, subsidy, disaster
<br />assistance loan or grant, or any other form of direct or indirect
<br />Federal assistance, '
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<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 loss
<br />to any property which was replaced, restored. repaired, or con-
<br />structed with this assistance.
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<br />23. It will defer funding of any projects involving nexible funding
<br />until FEMA makes a favorable environmental clearance, if this
<br />is requ ired,
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<br />24. It ~i11 assist. the Federal grantor agency in its compliance with
<br />Section 106 of the National Historic Preservation Act of 1966
<br />as amended, (16 U,S,C 470), Executive Order 11593, and th~
<br />Archeological and Historic Preservation Act of 1966 (16 U.S.C.
<br />469a-1 et seq,) by (a) consulting with the State Historic Preser-
<br />vati?n ~fficer on ~he ~ondu~t of in,vestigations, as necessary,
<br />to Identify properties listed In or eligible for inclusion in the
<br />National Register of Historic places that are 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,
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<br />'25, It, will, fo~ any repairs or construction financed herewith, comply
<br />With apphcable standards of safety. decency and sanitation and
<br />in conformity with applicable codes, specifications and stan'
<br />dards; and, will evaluate the natural hazards in areas in which
<br />the proceeds 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.
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<br />STATE ASSURANCES
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<br />The State agrees to take any necessary action within State capabilities
<br />to r~quire compliance with these assurances and agreements by the
<br />apphcant ,or ~o assume responsibility to the Federal l!ovpr"""p", (n.
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