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APPLICANT ASSURANCES
<br />The applicant hereby assures and certifies that it will comply with the FEMA regulations, policies, guidelines and requirements including, but not limited to the following authorities: OMB
<br />Circulars Nos. A -87, A -95, A -102 and A -110, where applicable, and Part 13 of Title 44 of the Code of Federal Regulations (C.F.R.), as they relate to the application, acceptance and use of
<br />Federal funds for this Federally assisted project. Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that:
<br />1. It possesses legal authority to apply for the grant, and to finance and construct the 15. It will comply with the provisions of the Hatch Act which limit the political activity of
<br />proposed facilities; that a resolution, motion or similar action has been duly adopted or employees.
<br />passed as an official act of the applicant's governing body, authorizing the filing of the 16. It will comply with the minimum wage and maximum hours provisions of the Federal
<br />application, including all understandings and assurance contained therein, and directing Fair Labor Standards Act, as they apply to hospital and educational institution employees
<br />and authorizing the person identified as the official representative of the applicant to act of State and local governments.
<br />in connection with the application and to provide such additional information as may be 17. (To the best of his knowledge and belief) the disaster relief work described on each
<br />required. Federal Emergency Management Agency (FEMA) Project Application for which Federal
<br />Financial assistance is requested is eligible in accordance with the criteria contained in 44
<br />2. It will comply with the provisions of: Executive Order 11988, relating to Floodplain Code of Federal Regulations, Part 205, and applicable FEMA Handbooks.
<br />Management and Executive Order 11990, relating to Protection of Wetlands.
<br />3. It will have sufficient funds available to meet the non - Federal share of the cost for 18. The emergency or disaster relief work therein described for which Federal Assistance is
<br />construction projects. Sufficient funds will be available when construction is completed requested hereunder does not or will not duplicate benefits received for the same loss
<br />to assure effective operation and maintenance of the facility for the purpose constructed. from another source.
<br />4. It will not enter into a construction contract(s) for the project or undertake other activities
<br />19. It will (1) provide without cost to the United States all lands, easements and rights -of-
<br />until the conditions of the grant programs) have been met.
<br />way necessary for accomplishment of the approved work; (2) hold and save the United
<br />5. It will provide and maintain competent and adequate architectural engineering
<br />States free from damages due to the approved work or Federal funding.
<br />supervision and inspection at the construction site to insure that the completed work
<br />conforms with the approved plans and specifications; that it will furnish progress reports
<br />20. This assurance is given in consideration of and for the purpose of obtaining any and all
<br />and such other information as the Federal grant or agency may need.
<br />Federal grants, loans, reimbursements, advances, contracts, property, discounts of other
<br />Federal financial assistance extended after the date hereof to the Applicant by FEMA that
<br />6. It will operate and maintain the facility in accordance with the minimum standards as
<br />such Federal Financial assistance will be extended in reliance on the representations and
<br />may be required or prescribed by the applicable Federal, State and local agencies for the
<br />agreements made in this assurance and that the United States shall have the right to seek
<br />maintenance and operation of such facilities.
<br />judicial enforcement of this assurance. This assurance is binding on the applicant, its
<br />successors, transferees, and assignees, and the person or persons whose signatures appear
<br />7. It will give the grantor agency and the Comptroller General, through any authorized
<br />on the reverse as authorized to sign this assurance on behalf of the applicant.
<br />representative, access to and the right to examine all records, books, papers, or
<br />documents related to the grant.
<br />8. It will require the facility to be designed to comply with the "American Standard
<br />21. It will comply with the flood insurance purchase requirements of Section 102(a) of the
<br />Specifications for Making Buildings and Facilities Accessible to, and Usable by the
<br />Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Star. 975, approved
<br />Physically Handicapped," Number Al 17.1-1961, as modified (41 CFR 101 -17- 7031).
<br />December 31, 1973. Section 102(a) requires, on and after March 2, 1975, the purchase
<br />The applicant will be responsible for conducting inspections to insure compliance with
<br />of flood insurance in communities where such insurance is available as a condition for
<br />these specifications by the contractor.
<br />the receipt of any Federal financial assistance for construction or acquisition purposes for
<br />9. It will cause work on the project to be commenced within a reasonable time after receipt
<br />use in any area that has been identified by the Director, Federal Emergency Management
<br />of notification from the approving Federal agency that funds have been approved and
<br />Agency as an area having special flood hazards. The phrase "Federal financial
<br />will see that work on the project will be prosecuted to completion with reasonable
<br />assistance" includes any form of loan, grant, guaranty, insurance payment, rebate,
<br />diligence.
<br />subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
<br />10. It will not dispose of or encumber its title or other interests in the site and facilities during
<br />assistance.
<br />the period of Federal interest or while the Government holds bonds, whichever is the
<br />longer.
<br />11. It agrees to comply with Section 311. P.L. 93 -288 and with Title VI of the Civil Rights
<br />22. It will comply with the insurance requirements of Section 314, P.L. 93 -288, to obtain and
<br />act of 1964 (P.L. 83 -352) and in accordance with Title VI of the Act, no person in the
<br />maintain any other insurance as may be reasonable, adequate, and necessary to protect
<br />United States shall, on the ground of race, color, or national origin, be excluded from
<br />against further loss to any property which was replaced, restored, repaired, or constructed
<br />participation in, be denied the benefits of, or be otherwise subjected to discrimination
<br />with this assurance.
<br />under any program or activity for which the applicant receives Federal financial
<br />23. It will defer funding of any projects involving flexible funding until FEMA makes a
<br />assistance and will immediately take any measures necessary to effectuate this agreement.
<br />favorable environmental clearance, if this is required.
<br />If any real property or structure is provided or improved with the aid of Federal financial
<br />24. It. will assist the Federal grantor agency in its compliance with Section 106 of the
<br />assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the
<br />National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470), Executive
<br />case of any transfer of such property, any transferee, for the period during which the real
<br />Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C.
<br />property or structure is used for a purpose for which the Federal financial assistance is
<br />469a -1 et seq.) by (a) consulting with the State Historic Preservation Officer on the
<br />extended or for another purpose involving the provision of similar services or benefits.
<br />conduct of investigations, as necessary, to identify properties listed in or eligible for
<br />inclusion in the National Register of Historic places that are subject to adverse effects
<br />(see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the
<br />12. It will establish safeguards to prohibit employees from using their positions for a purpose
<br />existence of any such properties, and by (b) complying with all requirements established
<br />that is or gives the appearance of being motivated by a desire for private gain for
<br />by the Federal grantor agency to avoid or mitigate adverse effects upon such properties.
<br />themselves or others, particularly those with whom they have family, business, or other
<br />ties.
<br />13. It will comply with the requirements of Title II and Title III of the Uniform Relocation
<br />25. It will for any repairs or construction financed herewith, comply with applicable
<br />Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for
<br />standards of safety, decency and sanitation and in conformity with applicable codes,
<br />fair and equitable treatment of persons displaced as a result of Federal and Federally-
<br />specifications and standards; and, will evaluate the natural hazards in areas in which the
<br />assisted programs.
<br />proceeds of the grant or loan are to be used and take appropriate action to mitigate such
<br />14. It will comply with all requirements imposed by the Federal grantor agency concerning
<br />hazards, including safe land use and construction practices.
<br />special requirements of law, program requirements, and other administrative
<br />requirements approved in accordance with OMB Circular A -102, P.L. 93 -288 as
<br />STATE ASSURANCES
<br />amended, and applicable Federal Regulations.
<br />The State agrees to take any necessary action within State capabilities to require
<br />compliance with these assurances and agreements by the applicant or to assume
<br />responsibility to the Federal government for any deficiencies not resolved to the
<br />satisfaction of the Regional Director.
<br />Attachment number 1
<br />F -6 Page 106
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