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PART V
<br />ASSURANCES
<br />The applicant hereby assures and certifies that it will comply with the regulations, policies, guidelines, and
<br />requirements including Office of Management and Budget Circulars No. A-95 (41 FR 2052), A-102 (42 FR 45828), and
<br />FMC 74-4 (39 FR 27133; as amended by 43 FR 50977), as they relate to the application, acceptance, and use of
<br />Federal funds for this Federally assisted project. Also, the applicant gives the assurance and certifies with
<br />respect to the grant that:
<br />1. Authority of applicant. It possesses legal authority to apply for the grant, and to finance and construct
<br />the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an
<br />official act of the applicant's governing body, authorizing the filing of the application, including all
<br />understandings and assurances contained therein, and directing and authorizing the person identified as the
<br />official representative of the applicant to act in connection with the application and to provide such
<br />additional information as may be required.
<br />E.O. 11926 and E.O. 11288. It will comply with the provisions of: Executive Order 11296, relating to
<br />evaluation of flood hazards, and Executive Order 11288, relating to the prevention, control, and abatement
<br />of water pollution.
<br />3. Sufficiency of funds. It will have sufficient funds available to meet the non-Federal share of the cost for
<br />construction projects. Sufficient funds will be available when construction is completed to assure
<br />effective operation and maintenance of the facility for the purposes constructed.
<br />4. Construction. It will obtain approval by the appropriate Federal agency of the final working drawings and
<br />specifications before the project is advertised or placed on the market for bidding; that it will construct
<br />the project, or cause it to be constructed, to final completion in accordance with the application and
<br />approved plans and specifications; that it will submit to the appropriate Federal agency for prior approval
<br />changes that alter the costs of the project, use of space, or functional layout; that it will not enter into
<br />a construction contract(s) for the project or undertake other activities until the conditions of the
<br />construction grant programs(s) have been met.
<br />5. Supervision, inspection, and reporting. It will provide and maintain competent and adequate architectural
<br />engineering supervision and inspection at the construction site to insure that the completed work conforms
<br />with the approved plans and specifications; that it will furnish progress reports and such other information
<br />as the Federal grantor agency may require.
<br />6. Operation of facility. It will operate and maintain the facility in accordance with the minimum standards
<br />as may be required or prescribed by the applicable Federal, State, and local agencies for the maintenance
<br />and operation of such facilities.
<br />7. Access to records. It will give the grantor agency and the Comptroller General, through any authorized repre-
<br />sentative, access to and the right to examine all records, books, papers, or documents related to the grant.
<br />8. Access for handicapped. It will conduct its programs and operate its facilities in accordance with the
<br />requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that no quali-
<br />fied handicapped person shall, solely by reason of his or her handicap be excluded from participation in, be
<br />denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment,
<br />under any grant program or activity that receives funds or benefits from this grant. The sponsor further
<br />assures that its programs will be conducted and its facilities operated, in compliance with the requirements
<br />imposed by or pursuant to 49 CFR Part 27.
<br />9. Commencement and completion. It will cause work on the project to be commenced within a reasonable time
<br />after receipt of notification from the approving Federal agency that funds have been approved and that the
<br />project will be prosecuted to completion with reasonable diligence.
<br />10. Disposition of interest. It will not dispose of or encumber its title or other interests in the site and
<br />facilities during the period of Federal interest or while the Government holds bonds, whichever is the
<br />longer.
<br />11. Civil Rights. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance
<br />with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national
<br />origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
<br />discrimination under any program or activity for which the applicant receives Federal financial assistance
<br />and will immediately take any measures necessary to effectuate this agreement. If any real property or
<br />structure thereon is provided or improved with the aid of Federal financial assistance extended to the
<br />Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any
<br />transferee, for the period during which the real property or structure is used for a purpose for which the
<br />Federal financial assistance is extended or for another purpose involving the provision of similar services
<br />or benefits.
<br />FAA Form 5100-100 (8-81) Page 6
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