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to the CITY;and the CITY shall be kept fully informed of the status of the proceeding. <br /> In the event that the SUBRECIPIENT,within ten (10)days after receipt of notice from <br /> the CITY of a claim or liability which the CITY believes to be covered under this <br /> paragraph, fails to advice the CITY in writing that the SUBRECIPIENT agrees that the <br /> CITY is entitled to indemnification under this paragraph based on the claim or liability, <br /> the CITY, without waiving or prejudicing any claim or right it may have to <br /> indemnification, under this paragraph (including the recovery of legal fees and <br /> expenses), may retain its on counsel and present its own defense in connection such <br /> claim or liability. <br /> The CITY shall not settle or compromise any claim, suit, action, or proceeding in <br /> respect of which the SUB-RECIPIENT has agreed in writing that the CITY is entitled to <br /> indemnification under this paragraph shall survive the termination of the Agreement. <br /> XIX. INSURANCE AND BONDING: SUB-RECIPIENT 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 equal <br /> to any CDBG cash advances. SUB-RECIPIENT shall comply with the bonding and insurance <br /> 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 prior to the start <br /> of the program. The insurance shall provide for errors and omissions. The City should be <br /> named on the policy. The City shall be named on the building insurance policy. <br /> XX. NON-PARTICIPATION BY CERTAIN PERSONS:SUB-RECIPIENT agrees to exclude the following <br /> persons from participation in any aspect of this agreement: <br /> a. SUB-RECIPIENT agrees not to allow any member of,or delegate to,the United States Congress <br /> any share or part of this Agreement or to allow any benefit to arise from the same. <br /> b. SUB-RECIPIENT 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 SUB-RECIPIENT 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 SUB-RECIPIENT. <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 will <br /> include language stating that no employee, officer,or agent will participate in the selection, <br /> award,or administration of a contract supported by CDBG funds, if that employee,officer or <br /> agent has a real or apparent conflict of interest. Conflicts of interest arise if the employee, <br /> officer,agent,the immediate family member of such a person,the partner of such a person, <br /> 13 <br />