3. HMGP Lake Shure bridge Phase 2 agreements

C. WHEREAS, pursuant to the North Dakota Disaster Act of 1985 as amended, the Grantee has authority to administer federal financial assistance from the FEMA consequent to a presidential declaration of disaster. D. WHEREAS, the Subgrantee has submitted an application, which is incorporated herein by reference,to the Grantee setting forth a list of activities(herein referred to individually as "Project"). The Grantee and FEMA have approved the Project along with any exceptions that have been made prior to signing of this agreement. E. WHEREAS, Subgrantee has the legal authority to accept mitigation funds and shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving federal and state mitigation funds. NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,do further agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.0 §§ 5121-5207 (Stafford Act); in accordance with 44 CFR § 206.44;and applicable policies of the FEMA. B. "FEMA-State Agreement" is the agreement dated May 20,2011, between the FEMA and the State of North Dakota, for a presidential major disaster declaration designated FEMA-1981-DR. ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of Title 44 of the Code of Federal Regulations(CFR)Part(s) 13, 80, and 206, and the policies of the FEMA. The Subgrantee further agrees to comply with the Statement of Assurances attached hereto as Attachment B. ARTICLE III. Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the project approved by the Grantee and the FEMA, as specified in Attachment A—Approved Project Data.The federal allowable costs shall be determined as per 44 CFR Part(s) 13 and 206,which shall be up to seventy-five percent of all eligible costs. A. The approved project documentation shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Amendments may obligate or deobligate funding, thereby amending the total funding for the project. The approved project documentation shall document the total eligible costs and the total federal share of those costs, which shall be seventy-five percent of all eligible costs. Contingent upon an appropriation by the State Legislature,the Grantee may provide some portion of any nonfederal share for some sub grantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. If the Subgrantee is required to repay the Grantee funds already disbursed by the Grantee, the Subgrantee will have 60 days to reimburse the full amount. If Subgrantee has not reimbursed the grantee the full amount within the 60 days, the Grantee will have all the rights and remedies available to them by law; including, but not limited to, the withhold of future fund disbursement to off-set amount due to Grantee. C. As a further condition to funding under this Agreement,the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to 2