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E. Funds provided under this contract may not be used in connection with acquisition or <br />rehabilitation or new construction of housing located in an area identified by the Federal <br />Emergency Management Agency (FEMA) as having special flood hazards, unless the <br />locality in which the site is located is participating in the National Flood Insurance <br />Program (NFIP) or less than a year has passed since FEMA notification regarding such <br />hazards and flood insurance is obtained as a condition of approval of the commitment. <br />Administrator must determine if the locality participates in the NFIP during the <br />preliminary stages of the environmenta( clearance process. <br />SECTION 20. AFFIRMATIVE MARKETING <br />Administrator shall adopt affirmative marketing procedures and requirements. The affirmative <br />marketing procedures and requirements shall include, but not be limited to those specified in 24 <br />C.F.R. §92.351. The procedures and requirements shall be prepared in accordance with the <br />HOME Manual. <br />SECTION 21. LABOR STANDARDS <br />A. Every contract for the construction (rehabilitation or new construction) of housing that <br />includes 12 or more units assisted with HOME funds must contain a provision in <br />accordance with 24 C.F.R. §92.354. Contracts involving their employment shall be <br />subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards <br />Act, 40 U.S.C. Sec. 328 to 334. Construction contractors and subcontractors must <br />comply with regulations issued under these Acts and with other federal laws, and <br />regulations pertaining to labor standards and HUD Handbook Federal Loan Standards <br />Compliance in Housing and Cominunitv Development Programs, as applicable. <br />B. Adininistrator, by execution of this Contract, hereby certifies that Administrator, or a <br />branch, division, or department of Administrator does not and will not knowingly employ <br />an undocumented worker, where "undocumented worker" means an individual who, at <br />the time of employment, is not lawfully admitted for permanent residence to the United <br />States or autharized tmder law to be employed in that manner in the United States. If, <br />after receiving a public subsidy, Administrator, or a branch, division, ar department of <br />Administrator is convicted of a violation under 8 U.S.C. § 1324(a)(f), Administrator shall <br />repay the amount of the public subsidy as stated under Section 3.8. of this Contract with <br />interest, at the rate of 5% per lnntml, not later than the 120t" day after the date the <br />Department notifies Administrator of the violation. <br />SECTION 22. SPECIAL CONDITIONS <br />A. Department shall not release any disbursements for any costs incurred by Administrator <br />tmder this contract umtil Department has received certification from Administratar that its <br />fiscal control and fiind accounting procedures are adequate to assure the proper disbursal <br />of, and accounting for, funds provided under this contract. Department shall specify the <br />content and form of such certification. <br />HOME Contract #I OO 1224 <br />Page 12 of 21 <br />