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Thc applicant hereby assures and certifies that hc will comply with the I~MA regulations, policies, guidelines, and requirements including OMB's
<br />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-assisted project.
<br />Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that:
<br />
<br /> 1. It possesses lcga.l authority to apply for thc grant, and to finance
<br /> and construct the proposed faci[ires; that a resolution, motion or
<br /> similar action has been duly adopted or passed as an official act of
<br /> thc applicant's governing body, authorizing thc filing of thc
<br /> application, including all understandings and assurance contained
<br /> therein, and directing and authorizing the person identified as the
<br /> official representative oi~ the applicant to act in connection with
<br /> the application and to provide such additional information as may
<br /> be required.
<br />
<br />2. It will comply with thc provisions of: Executive Order 11988,
<br /> relating to Floodplain Management and Executive Order 11990,
<br /> relating to Protection of Wetlands.
<br />
<br />3. It will have sufficient funds available to meet the non-Federal
<br /> share of the cost for construction projects. Sufficient funds will be
<br /> available when consL,'uction is completed to assure effective
<br /> operation and maintenance of the facility for thc purpose
<br /> constructed.
<br />
<br />4. It will not cater into a co~truction contract(s) for the project or
<br /> undertake other activities until the conditions of the grant
<br /> program(s) have been mcr.
<br />
<br />$. It will provide and maintain competent and adequate architeetur-al
<br /> engineering supervision and inspection at the construction site to
<br /> insure that thc completed work conforms with thc approved plans
<br /> and specifications; that it will furnish progress reports sad such
<br /> other information as the Federal grant or agency may
<br />
<br />6. It will operate and maintain thc facility in accordance with the
<br /> minimum standards as may be required or prescribed by thc
<br /> applicable Federal, State and local agencies for the maintenance
<br /> and operation of such facilities.
<br />
<br />7. It will give thc grantor agency and the Comptroller General,
<br /> through any author/zed representative, access to and the right to
<br /> examine all records, books, papers, or document~ related to the
<br /> grant.
<br />
<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 I-Iandi-
<br /> capped," Number Al17.1-1961, as modified (41 CFR 101-1%
<br /> 7031). Thc applicant will be responsible for conducting in-
<br /> spections to insure compliance with these specifications by the
<br /> COr',~ractor.
<br />
<br />9. It will cause work on thc project to beco,~enced,wi~n ~
<br /> reasonable time after receipt et notification from the approving
<br /> Federal agency that funds have been approved and will sec that
<br /> work on the project will bc prosecuted to completion with
<br /> reasonable diligence.
<br />
<br />10. It will not dispose of or encumber its t/tlc or other interests in the
<br /> site and facilities during the period of Federal interest or while the
<br /> Government holds bonds, whichever is thc longer.
<br />
<br />11. It agrees to comply with Section 311. P.L. 93-288 and with Title
<br /> VI of the Civil Rights act of 1964 (P.L. 83-3:/2) md in accordance
<br /> with Title VI of thc Act, no person in thc United States shall, on
<br /> the .ground of race, color, or national origin, be excluded fi.om
<br /> pamcipation in, be denied the benefits of, or be otherwise
<br /> subjected to discrimination under any program or activity for
<br /> wh£ch thc applicant receives Federal financia2 as-sistance and will
<br /> immediately take any measures necessary to effectuate this
<br /> agreement. If any real property .or structure is provided or
<br /> improved with the aid of Federal financial assist-artec extended to
<br /> thc Applicant, th/s assursncc shall obligate thc Applicant, or in the
<br /> case et any transfer of such property, any L,'ansfcree, for thc period
<br /> during which thc realproperty or structure is used for a purpose
<br /> for which the Federal financial assistance is extended or for
<br /> another purpose involving the provision of similar services or
<br /> benefits.
<br />
<br />12. It will establish safeguards to prohibit employees from using their
<br /> pnsitiom for a purpose that is or gives {he appearance of being
<br /> motivated by a desire for private gain for themselves or others,
<br /> particularly those with whom they have *family, business, or other
<br /> ties.
<br />
<br />13.It will comply with the requirements 0fTidc II and Title III of the
<br /> Uniform Relocation A~sistance and Real Property Acquisitions
<br /> Act of 1970 (P.L. 91-646) which provides for fair and equitable
<br /> treatment et' persons dlsplaccd as a result of Federal and
<br /> · Federally.assisted programs. '
<br />
<br />14. It will comply with all requirements imposed by thc Federal
<br /> gran!or agency c?nc?rning sl~cial requirements of law, program
<br /> requ,rements, aaa ot~er adnunistrativc requirements approved in
<br /> accordance with OMB Circular A-102, P.L. 93-288 as amended,
<br /> and applicable Federal Regulations.
<br />
<br />20.
<br />
<br /> 15. It will comply with thc provisions of thc Hatch Act which limit thc
<br /> political activity of employees.
<br />
<br /> 16. It will comply with the minimum wage and maximum hours
<br /> provisions of the Federal Fair Labor Standards Act, as they apply
<br /> to hospital and educational institution employees of State and
<br /> local governments. -'
<br />
<br /> 17. (To the best of his knowledge and belie0 thc disaster relief work
<br /> described on each Federal Emergency Management A~encv
<br /> (FEMA) Project Application for which Federal Financi~ as'-
<br /> sistance is requested is eligible in accordance with the criteria
<br /> contained in 44 Code of Federal Regulations, Part 205, and
<br /> applicable FEMA Handbooks.
<br />
<br />! 8. Thc emergency or disaster relief wo~k therein described for which
<br /> Federal Assistance is requested hereunder does not or will not
<br /> duplicate benefits received for thc same loss from another source.
<br />
<br /> 19. It will (1) provide without cost to thc United States all lands,
<br /> casements and r/ghts-of-way necessary for accomplishment of the
<br /> approved work; (2) hold and save thc United States fi.cc from
<br /> dam~.ges due to the approved work or Federal funding.
<br />
<br /> This assurance is given in consideration of and for thc purpose of
<br /> obtaining any and all Fedcral 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 Flnzmcial assistance will be extended in
<br /> reliance on the representations and agreements made in this as-
<br /> surancc and that the United States shall have the right to seek
<br /> judicial enforcement of this assurance. This assunmcc is binding
<br /> on the applicant, its successors, transferees, and assignees, and thc
<br /> person or persons whose signatures appear on the reverse as au-
<br /> thorized to sign this assurance on behalf of thc applicant.
<br />
<br />21. It will comply with the flood insurance Eurchase 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) require, on and after IVlarch 2, 1975, the purchase
<br /> of flood insurance ,n communities where such insurance is
<br /> available as a condition for the receipt of any Federal financial
<br /> assistance for construction or acquisitaon purposes for use in any
<br /> area that has been identified by the Director, Federal Emergency
<br /> Management'Agency as an area having special flood 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.
<br />
<br />22. It will complu with the insurance requirements of Section 314.
<br /> P.L. 93-288, to oabtaln and maintain any other insurance as may
<br /> bc reasonable, adequate, and necessary to protect against further
<br /> loss to anyproperty which ws replaced, restored, repaired, or con-
<br /> structed with this assurance.
<br />
<br />23. It will defer funding of any projects involving flexible funding
<br /> until FEMA makes a favorable environmental clearance, if this is
<br /> requricd.
<br />
<br />24. It will assist the Federal grantor agency in its compliance with
<br /> Section 106 of the National Historic Preservation Act of 1966, as
<br /> amended, (16 U.S.C. 470), Executive Order 11593, and the
<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 /> vation Officer on the conduct o~' investigations, as necessary, to
<br /> identify properties listed in or eligible for inclusion in the National
<br /> Register of Historic places that arc subject to adverse effects (see
<br /> 36 CFR Part 800.8) by thc activity, and notifying the Federal
<br /> grantor agency of the existence of any such proper-t~es, and by (b)
<br /> complying with all requirements established by thc Federal
<br /> grantor agency to avoid or mitigate adverse effects upon such
<br /> properties.
<br />
<br />25. It will for any repairs or construction financed herewith, comply
<br /> with applicable standards of safety, decency .and sanitation andin
<br /> conformity with applicable codes, specifications and stan-dards;
<br /> and, Will evaluate thc natural hazards in areas in which the
<br /> proceeds of the grant or loan arc to bc used and take ap-propriate
<br /> action to mitigate such hazards, including safe land usc and
<br /> construction practices.
<br />
<br /> STATE ASSU'RANCES
<br />
<br />Thc State agrees to take any necessary .cron within State capabilities to
<br />require compliance with these assurances and agreements by thc
<br />applicant or to assume responsibility to thc Federal govcromcnt for any
<br />deficiencies not resolved to thc satisfaction of thc Regional Director.
<br />
<br />FEMA Form 90-63, MAR 81 ~ ,,. ] F_DAA.DOC
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