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or assessment made as a condition of obtaining access to such public improvements, unless: 1. Funds received under Section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than Title I of the Act; or 2. For purposes of assessing any amount against properties owned and occupied by persons of low and moderate income, the Delegate certifies to the City that it lacks sufficient funds received under Section 106 of the Act to comply with the requirements of Subparagraph 1 above. O. Funds will be used solely for necessary expenses related to disaster relief, long- term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas for which the President declared a major disaster in the aftermath of the September 2013 floods, pursuant to the Stafford Act. P. The Delegate certifies that it has adopted and is enforcing the following policies: Q. 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2. A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. The Delegate will not use grant funds for any activity in an area delineated as a special flood hazard area or equivalent in FEMA's most recent and current data source, unless it also ensures that the action is designed or modified to minimize harm to or within the floodplain in accordance with Executive Order 11988 and 24 CFR part 55. The relevant data source for this provision is the latest issued FEMA data or guidance which includes advisory data (such as Advisory Base Flood Elevations) or preliminary and final Flood Insurance Rate Maps. R. The Delegate certifies that it has reviewed the requirements of the March 5, 2013 Federal Register Notice (78 FR 14329) and the June 3, 2014 Federal Register Notice (79 FR 31964) and requirements of Public Law 113-2 applicable to funds allocated by this Notice, and that it has in place proficient financial controls and procurement processes (refer to Appendix I: Financial Management Questionnaire) and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Stafford Act (refer to Appendix H: Affirmation of Duplication of Benefits), to ensure timely expenditures of funds and to detect and prevent waste, fraud, and abuse of funds. 18 L \FRIEDLAN\My Documents L\CDBG\20I6 CDBG-DR IGA Lomsville_FINAL.docx 3/15/2016