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certification shall be subject to a civil penalty of not less than Ten Thousand and 00/100 Dollars <br />($10,000.00) and not more than One Hundred Thousand and 00/100 Dollars ($100,000.00) for each <br />such failure. All liability arising from an erroneous representation shall be borne solely by the tier <br />filing that representation and shall not be shared by any tier to which the erroneous representation is <br />forwarded. <br />18. CERTIFICATION REGARDING DI13AR.IEN`I' SUSPENSION INELIGIBILITY AND <br />VOLUNTARY EXCLUSION --LOWER TIER COVI+:I EI) TRANSACTIONS: A person who is <br />debarred or suspended shall be excluded from Federal financial and nonfinancial assistance and benefits <br />under Federal programs and activities. The Agency shall include the following clause without modifi- <br />cation, in all proposals, agreements, contracts, proposals, or other lower tier covered transactions. <br />(Where the prospective lower tier participant is unable to certify to any of the statements in this <br />certification, such prospective participant shall attach an explanation to this proposal): <br />" .ertificatioii.m llgM-.:l.izlg_ l l 1r11 z?%� Sus ensiozz„ lzze�igalall{%y acid._ o1�1tt11x"y <br />Exclusion -- Lower Tier Covered Transaction: The prospective lower tier participant <br />certifies, by submission of this proposal, that neither it nor its principals is presently <br />debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded <br />from participation in this transaction by any Federal department or agency." <br />19. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Agency agrees to abide by <br />all applicable federal rules and regulations, as amended from time to time, including but not limited to <br />those federal rules and regulations referred to in this Contract. Unearned payments under this Contract <br />may be suspended or terminated upon refusal to accept any additional conditions that may be imposed <br />by HUD at any time or if the grant to the City under Title I of the Housing and Community Development <br />Act of 1974, is suspended or terminated. <br />20. The Organization hereby represents and certifies that it may enter into this agreement under Indiana Code <br />§ 5-22-16.5-8 and, to the extent applicable, has executed and filed with the City a "CONTRACTOR'S <br />NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING <br />INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- <br />DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES <br />STEEL PRODUCTS OR FOUNDRY PRODUCTS", the form of which is attached hereto and <br />incorporated herein as A1Lc jn( %max 1I prior to the City's approval of this Agreement. <br />21. CLAIMS 'IS AGAINST CITY: The Agency agrees to defend, indemnify and save harmless the City, its <br />officers, agents or employees from any and all claims of any nature whatsoever which may arise from <br />the Agency's performance of this Contract; provided, however, that nothing contained in this Contract <br />shall be construed as rendering the Agency liable for acts of the City, its officers, agents or employees. <br />12 <br />