2009-073-RES-TDHCA Home Program - Laserfiche WebLink

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E. Funds provided under this contract may not be used in connection with acquisition or rellabilitation or new construction of housing located in an area identified by the Federal Emergency Manacyement A,,ency (FEMA) as having special flood hazards, unless the locality in which the site is located is participatin~ in the National Flood Insurance Program (NFIP) or less than a year has passed since FEMA notificatlon reQarding such hazards and flood insurance is obtained as a condition of approval of the commitment. Administrator must determine if the locality participates in the NFIP dunng the preliminary stages of the environmental clearance process. SFCTION 20. AFFIRMATIVE MARKETING Administrator shall adopt affirmative marketincr procedures and requirements. The affirmative marketin~ procedures and requireinents shall include, but not be limited to those specified in 24 C.F.R. §92351. The procedures and requirements shall be prepared in accordance with the HOME Manual. SECTION 21. LABOR STANDARDS A. Every contract for the construction (rehabilitation or new construction) of housing that includes 12 or more units assisted with HOME funds must contain a provision in accordance with 24 C.F.R. §92.354. Contracts involving their employment shall be subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards Act, 40 U.S.C. Sec. 328 to 334. Construction contractors and subcontractors must comply with regulations issued under these Acts and with other federal laws, and regulations pertaining to labor standards and HUD Handbook Federal Loan Standards Com-pliance in Housina and Community Developrnent Programs, as applicable. B. Administrator, by execution of this Contract, hereby certifies that Administrator, or a branch, division, or department of Administrator does not and will not knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be empioyed in that manner in the United States. If, after receiving a public subsidy, Administrator, or a branch, division, or department of Administrator is convicted of a violation under 8 U.S.C. §1324(a)(0, Administrator shall repay the amount of the public subsidy as stated under Section 3.B. of this Contract with interest, at the rate of 5% per annum, not later than the 120th day after the date the Department notifies Administrator of the violation. SECTION 22. SPECIAL CONDITIONS A. Department shall not release any disbursements for any costs incurred by Administrator under this contract until Department has received certification from Administrator that its fiscal control and fund accountinc, procedures are adequate to assure the proper disbursal HOME Contract # 1001053 Page 12 of 21