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this federal contract, Grant, loan, or cooperative agreement, the undersigned representative of the Agency shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned representative of the Agency shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, agreements) and that all subrecipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 16. CERTIFICATION REGARDING DEBARMENT. SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS. A person who is barred or suspended shall be excluded from federal financial and nonfinancial assistance and benefits under federal programs and activities. The undersigned representative of the Agency certifies, to the best of his or her knowledge and belief, that: A. Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract; and B. It will include the following clause without modification, in all proposals, agreements, contracts, proposals, or other lower tier covered transactions: Certification &gardinv Debarment Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction: (1) The prospective lower tier participant certifies, by Submission of this proposal, that neither it nor it's principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 17. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Agency agrees to abide by all applicable federal rules and regulations, as amended from time to time, including but not limited to those federal rules and regulations referred to in this Contract. Unearned payments under this Contract may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time or if the Grant to the City under the new requirements of the McKinney-Vento Act, 42 U.S.C. § 11371 et seq. as amended by the Homeless Emergency and Rapid Transition to Housing Act of 2009 (Pub. L. 111-22) (HEARTH Act), is suspended or terminated. 18. CLAIMS AGAINST CITY: The Agency agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Agency's performance of this contract; provided, however, that nothing contained in this Contract shall be construed as rendering the Agency liable for acts of the City, its officers, agents or employees. 19. DRUG -FREE WORKPLACE. The Agency hereby covenants and agrees to make a good faith effort to provide and maintain a drug -free workplace as specified in 24 C.F.R. Part 24. Agency will give written notice to the City within ten (10) days after receiving actual notice that an employee has been convicted of a criminal drug violation occurring in Agency's workplace. The Agency certifies and agrees that it will provide a drug -free workplace by: A. Publishing and providing to all of its employees a statement notifying their employees that the