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The Town of Pulaski, Virginia
a public entity established under the laws of the State of.-~~.~~g~nz~
this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial'
assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's
Disaster Relief Fund.
THAT Town of Pulaski , a public entity established under the laws of the State
of Virginia ,hereby authorizes its agent to provide to the State and to the Federal
Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances
and agreements printed on the reverse side hereof.
Passed and approved this 5th day of March , 19 91i.
John A. Johnston -Aye Bettye H. Steger -Aye
~ Frlaar Naln a7}g
(Name and Title)
Vice Mayor W. H. Schrader -Aye Alma H. Holston -Aye
(Name and Title)
E. G. Black, Jr. -Aye Councilman Roy H. D'Ardenne, Jr.-Absen
(Name and Title)
CERTIFICATION
I, Andrew L. Graham. MJr. ,duly appointed and ~nr _ of
(Title)
'rhP T.nwn~f i?ul~saci , V~ , do hereby certify that the above is a true and correct copy of a
resolution passed and approved by the Tn~~n ('n„nr; 1 Of the Town Of P„lacki
(Governing Body) (Public Entity)
on the 5th day of March , 19_~fi .
Date: March 6, 1996
Mav~r
r
. (Official Pasition) (Signature)
'Name of incumbent need not be provided in those cases where the governing body of the public entity desires fo authorize any
incumbent of the designated of/iciat position to represent it.
FEMA Form 9063, MAR 81
No . 96- 9
DESIGNATION Of APPLICANT'S AGENT
RESOLUTION
BE IT RESOLVED BY Town Council
(Governing Body)
THAT Michael Z. Jenkins
* (Name of Incumbent)
N/A
OF
The Town of Pulaski, Virginia
(Public Entity)
Director of Public Works
(Official Position)
OR
Governor's Authorized Representative,
* (Name of Incumbent)
is hereby authorized to execute for and in behalf of
APPf_iCANT ASSURANCES
The Applicant hereby asaur.Y and certifiu that he will comply with the FEMA regulations, policies, guidelines, and requiremenu including
OMB's Circulars No. A•95 and A•102, and FMC 74.4, u they relate to the application, accepunce and ux of Federal funds for this Federally-
aasuted project. Also, the Applicant gives aaruratrce sad certifies with respect to and as a condition for the grant that:
1. It possesses legal authority to apply for the grant, and to finance
and corutruct the proposed facilities; that • resolution, motion or
similu action his been duly adopted or paved u an official act
of the applicant's governing body, ^uthorizing the filing of the
application, including all undersundinga and aaaurances conuined
therein, and directing and authorizing the person identified u the
official represenutive of the applicant to act in eonnectioa with
the application and to provide such additional information u
may be required.
2. It will comply with the provisions of: Executive Order 11988,
relating to Floodplain Management and Executive Order 11990,
relating to Protection of Wetlands.
3. it will have sufficient funds available to meet the non•Federal
share of the cost for construction projecu. Sufficient funds will
be available when construction u completed to assure effective
operation and maintenance of the facility for the purpose
constructed.
4. It will not enter into a construction contract(s) for the project or
undertake other activities until the conditions of the grant pro•
gram(s) have been met,
5. It will provide and maintain competent and adequate architectur•
al engineering supervision and inspection at the eonattvction site
to insure that the completed work conforms with the approved
plans •nd specifications; that it will furnish progress reports and
such other information u the Federal grantor agency may
6. It will operate and maintain the facility in accordance with the
minimum standard: u may be required or prescribed by the
applicable Federal, Sute and local agencies for the maintenance
and operation of such facilities.
~. It will give the grantor agency and the Comptroller General,
through any authorized reprexnuuve, acceu to sad the right to
examine all records, books, papers, or documenu rclaud to the
grant.
8. It will require the facility to be designed to comply with the
"American Standard Specifications !or Making 8uildinp and
Facilities Acceuible to, and Usable by the Physically Handi•
capped," Number A117.1.1961, u modified (41 CFR 101-17-
70311. The applicant wi{{ be responsible for conducting in-
speettons to insure compliance with [hex specification by
the contractor.
9, It will cause work on the project to be commenced within a
reasonable time after receipt of notification from the approving
Federal agency that funds have been approved and will tee that
work on the project will be proxcuted to completion with
reuonable diligence.
10. It will not dicpox of or encumber iu title or other interesu in
the site ^nd facilities ducting the period of Federal interest or
while the Government holds bonds, whichever is the longer,
11. it agree[ to comply with Section 311, P.L 93.288 and with
Title VI of [fie Civil Righu Act of 1964 (P. L. 83.3521 and is
accordance with Title VI of the Act, no person is the United
States shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefi4 of, or be
otherwise subjected to discrimination under any program or
activity for which the applicant receivd Federal financial u•
siaunce and will immediately tike any meuuta necsaaary to
effectuate this agreement. If any real property or structure u
provided or improved with the aid of Federal financial awiat•
sore extended to the Applicant, thin assurance shall obligate the
Applicant, or in the cue of any transfer of such property, any
transferee, Cor the period during wfiich the real property or
structure is uxd for a purpose for which the Federal tnancial
asaisunce is extended or for another purpox involving the
provision of similar services or benefiu.
12. It will establish ufeguuds to prohibit employes from wing
their positions for a purpox that u or give the appearance of
being motivated by a dnire for private gain for themxlves or
other, particululy those with whom they have family, butinas,
or other ties.
13. It will comply with the requiremenu of Title II and Title III of
the Uniform Relocation Aatiatance and Real .Property Acqut
aitiona Act of 1970 (P.L 91.646) which provides for talc and
equiuble treatment o[ person displaced u • result o[ Federal
and Federally-assisted programs.
14. It will comply with all requirements imposed by the Feden)
grantor agency concerning special requiremenu of law, program
requiremenu, and other adminiatntive requiremenu approved in
accordance with OMB Circular A-102, P.L 9S•288 u amended,
and applicable Federal Regulations.
I5. It will comply with the provisions df the Hatch Act which limit
the political activity of employees.
16. !t will compiy with the minimum wage •nd maximum hour
provisions of the Federal Fair Labor Sundards Aet, u they apply to
hospiul and educational institution employees of Sute and
local governmenu.
17. (To the beat o[ his knowledge and belief) the diluter relief work
described on each Federal Emergency Management Agency
(FEMA) Project Application for which Federal Financial u-
tiatance urequested ueligible in accordance with the criteria
conuined in 44 Code o[ Federal Regulations, Part 205, and
applicable FEMA Handbooks.
18. The emergency or diluter relief work therein described for
which Federal Assistance it requeatsd hereunder does not or
will not duplicate benefiu received for the same loss from
another avulse.
19. It will (1) provide without cost to the United Stites all lands,
eaxmenu and rigfita-of-way necessary for accomplishment of the
• approved work: (2) hold and wve the United Stites free from
damages due to the approved work or Federal funding.
20. This assurance is given in consideration of and for the purpose of
obtaining any and all Federal granu, loam, reimburaemeau, ad•
rants, contracu, property, diacounu of other Federal financial
assistance a:tended alter the date hereof to the Applicant by
FEMA, that such Federal Financial assistance will be extended in
reliance on the representations and agreemenu made in ehia u-
aunnce and that the Uniud States shall have the right to seek
judicial enforcement of this assurance. This assurance is binding
on the applicant, iu successors, tnmferees, and assignees, and the
person or parsons whose signatures appear on the reverse u au-
thorized to sign this assurance on behalf of the applicant.
21. It will comply with the flood insurance purchax requiremenu of
Section 102(x) of the Flood Diluter Protection Act of 1973.
Public Law 93.234, Bi Stat. 975, approved December 31, 1973.
Section 102(a) requires, on and after March 2. 1975, the purchax
of Aood iruurance in communities where such insurance u
available u a condition for the receipt of any Feder) financial
assistance for comtructian or acquisition purposes for use in any
area that his been identified by the Director, Federal Emergency
Management Agency u an area having special flood hazards. The
phrase "Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indimt
Federal usuunce.
22. It will comp-y with the insurance requiremenu of Section 314,
PL 93.288, to obtain and maintain any other insurance u may be
reuonable, adequate, and necessary to protect against further loss
to any property which wu replaced, restored, repaired, or con•
strutted with this tacistanee.
23. It will defer funding of any projecu involving flexible funding
until FEMA makes a favorable environmenW eleannce, if this
is required.
24. It will asrist the Feden) grantor agency in iu compliance with
Section 106 0[ the Natitnal Historic Preservation Act of 1966,
u amended, (16 U.S.C 470). Executive Order 11593, and the
Archeological and Historic Prexrvation Act of 1966 (16 U.S.C.
469a•1 et xq.) by (a) consulting with the Sute Historic Preser•
ration Officer on the conduct of investigations, u naceasary,
to identify properties listed in or eligible for inclwion in the
National Register of Hiatorie places that are subject to adveeat
effecu (see 36 CFR Part 800.8) by the activity, and notifying
the Federal grantor agency of the a:iatence of any suefi proper
ties, and by (b) complying with all requiremenu estab{iahcd by
the Federal grantor agency to avoid or mitigate adverse etfecit
upon such properties.
25. It will, [or any repairs or comtniction tmanced herewith, comply
with applicable standards of safety, decency and sanitation and
in eon[ormity w(th applicable codes, specifications and ~lan~
dada; and, will evaluate the natural hazards in areas in which
the proceeds of the grant or loan are to be wed and take ap•
propriatc action to mitigate such hazards, including safe land
use and construction practices.
STATE ASSURANCES
The Sute agrees to take any oecwary action within Bute capabllitia
to require complance with rheas aaaurancea and agreemeata by the
applicant or to aasums reaponsibiiity to the Feden) government for
any deGtieneiea not raaahed to the aatL[action of the Regional
Direcor.
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