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Attachment C <br />Statement of Assurances <br />To the extent the following provisions apply to this Agreement, the Sub -recipient certifies that: <br />(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; <br />(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar <br />action authorizing the execution of the hazard mitigation agreement with the Division of <br />Emergency Management (DEM), including all understandings and assurances contained in it, <br />and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in <br />connection with the application and to provide such additional information as may be required; <br />(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, <br />shall receive any share or part of this Agreement or any benefit. No member, officer, or <br />employee of the Sub -recipient or its designees or agents, no member of the governing body of <br />the locality in which this program is situated, and no other public official of the locality or localities <br />who exercises any functions or responsibilities with respect to the program during his tenure or <br />for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the <br />proceeds, for work be performed in connection with the program assisted under this Agreement. <br />The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any <br />interest pursuant to the purpose stated above; <br />(d) All Sub -recipient contracts for which the State Legislature is in any part a funding source, shall <br />contain language to provide for termination with reasonable costs to be paid by the Sub -recipient <br />for eligible contract work completed prior to the date the notice of suspension of funding was <br />received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is <br />received by the Sub -recipient may not be funded with funds provided under this Agreement <br />unless previously approved in writing by the Division. All Sub -recipient contracts shall contain <br />provisions for termination for cause or convenience and shall provide for the method of payment <br />in such event; <br />(e) It will comply with: <br />(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring <br />that mechanics and laborers (including watchmen and guards) employed on federally <br />assisted contracts be paid wages of not less than one and one-half times their basic <br />wage rates for all hours worked in excess of forty hours in a work week; and <br />(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered <br />employees be paid at least minimum prescribed wage, and also that they be paid one <br />and one-half times their basic wage rates for all hours worked in excess of the prescribed <br />work -week. <br />(f) It will comply with <br />(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant <br />thereto, which provides that no person in the United States shall on the grounds of race, <br />color, or national origin, be excluded from participation in, be denied the benefits of, or be <br />otherwise subjected to discrimination under any program or activity for which the Sub - <br />recipient received Federal financial assistance and will immediately take any measures <br />necessary to effectuate this assurance. If any real property or structure thereon is <br />provided or improved with the aid of Federal financial assistance extended to the Sub - <br />recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of <br />such property, any transferee, for the period during which the real property or structure is <br />37 <br />