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claim or liability,the CITY, without waiving or prejudicing any claim or right it may <br /> have to indemnification, under this paragraph (including the recovery of legal fees <br /> and expenses), may retain its on counsel and present its own defense in connection <br /> such claim or liability. <br /> The CITY shall not settle or compromise any claim, suit, action, or proceeding in <br /> respect of which the SUBRECIPIENT has agreed in writing that the CITY is entitled to <br /> indemnification under this paragraph shall survive the termination of the <br /> Agreement. <br /> XIX. INSURANCE AND BONDING: SUBRECIPIENT shall carry sufficient insurance coverage to <br /> protect contract assets from loss due to theft, fraud, and/or undue physical damage, and as <br /> a minimum shall purchase a blanket fidelity bond covering all employees in an amount <br /> equal to any CDBG cash advances. SUBRECIPIENT shall comply with the bonding and <br /> insurance requirements of the Omni Circular 200.310 and 200.325, Insurance and Bonding <br /> requirements. Proof of insurance and bonding shall be provided to the City. <br /> XX. NON-PARTICIPATION BY CERTAIN PERSONS:SUBRECIPIENT agrees to exclude the following <br /> persons from participation in any aspect of this agreement: <br /> a. SUBRECIPIENT agrees not to allow any member of, or delegate to,the United States <br /> Congress any share or part of this Agreement or to allow any benefit to arise from the <br /> same. <br /> b. SUBRECIPIENT agrees that no officer, employee, designee, agent, or consultant of the CITY <br /> or the SUBRECIPIENT or member of the governing body of the CITY who exercises any <br /> functions or responsibilities with respect to the CITY's CDBG program during his/her tenure <br /> or for one (1) year thereafter,will have any direct or indirect interest in any contract or <br /> subcontract, or the proceeds thereof, for the work to be performed in connections with the <br /> Project assisted under this Agreement.The SUBRECIPIENT shall incorporate or cause to be <br /> incorporated in all such contracts or subcontracts a provision prohibiting such interest in <br /> conformance with the provisions of and pursuant to the purposes of this sections.The <br /> provisions of 24 CFR § 570.611, "Conflict of Interest" shall apply to the SUBRECIPIENT. <br /> c. SUBRECIPIENT further agrees to maintain written standards of conduct covering conflicts of <br /> interest, as outline in the Omni Circular§ 200.318(c)(1) &(2). These standards of conduct <br /> will include language stating that no employee, officer, or agent will participate in the <br /> selection, award, or administration of a contract supported by CDBG funds, if that <br /> employee, officer or agent has a real or apparent conflict of interest. Conflicts of interest <br /> arise if the employee, officer, agent,the immediate family member of such a person,the <br /> partner of such a person, or an organization which employees such a person or is about to <br /> employs such a person, has any financial or other interest in or may gain a tangible personal <br /> benefit from a firm considered for contract. Such officers, employees, or agents of the <br /> SUBRECIPIENT may not solicit nor accept anything of monetary value from contractors or <br /> subcontractors, unless it is an unsolicited gift of nominal value which would in no way <br /> 13 <br />