Agreement - DCI - Admin of Supportive Housing Rental Assistance Grant

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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 EXCLUSIONCLOWER 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 Agreement; and B. It will include the following clause without modification, in all proposals, agreements, contracts, proposals, or other lower tier covered transactions: Certification Regarding Debarment Suspension Ineligibility and Voluntary ExclusioncLower Tier Covered Transaction: (1) The prospective lower tier participant certifies , by Submission of this proposal, that neither it nor its 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 Agreement. Unearned payments under this Agreement 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 Stewart B. McKinney Homeless Assistance Act Subtitle B of Title IV (42 USC 11301 (1988)), as amended, 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 Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Agency liable for acts of the City, its officers, agents or employees. 10