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<br />If required, SUB-RECIPIENT shall submit an Equal Employment Opportunity <br />Plan ("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with <br />guidelines listed at http://www.ojp.usdoj.gov/ocr/eeop.htm. <br /> <br />Any subcontract entered into by the SUB-RICIPIENT relating to this Agreement, <br />to the extent allowed hereunder, shall be subject to the provisions of this 9 408. <br /> <br />9409. Bonds <br /> <br />SUB-RECIPIENT must purchase a performance bond for any equipment item <br />over $250,000 or any vehicle (including aircraft or watercraft) financed with <br />homeland security funds. <br /> <br />9410. Indemnification <br /> <br />Each of the parties to this Agreement is a public entity. In contemplation of the <br />provisions of Section 895.2 of the Government Code of the State of California <br />imposing certain tort liability jointly upon public entities, solely by reason of such <br />entities being parties to an Agreementasdefined by Section 895 of said Code, the <br />parties hereto, as between themselves, pursuant to the authorization contained in <br />Section 895.4 and 895.6 of said Code, will each assume the full liability imposed <br />upon it or upon any of its officers, agents, or employees by law, for injury caused <br />by a negligent or wrongful act or omission occurring in the performance of this <br />Agreement, to the same extent that such liability would be imposed in the absence <br />of Section 895.2 of said Code. To achieve the above- stated purpose, each party <br />indemnifies and holds harmless the other party solely by virtue of said Section <br />895.2. The provision of Section 2778 of the California Civil Code is made a part <br />hereto as if fully set forth herein. SUB-RECIPIENT certifies that it has adequate <br />self insured retention of funds to meet any obligation arising from this Agreement. <br /> <br />9411. Conflict of Interest <br /> <br />A. The SUB-RECIPIENT covenants that none of its directors, officers, <br />employees, or agents shall participate in selecting, or administrating any <br />subcontract supported (in whole or in part) by Federal funds where such <br />person is a director, officer, employee or agent of the subcontractor; or where <br />the selection of subcontractors is or has the appearance of being motivated by <br />a desire for personal gain for themselves or others such as family business, <br />etc.; or where such person knows orshould have known that: <br /> <br />1. A member of such person's immediate family, or domestic partner <br />or organization has a financial interest in the subcontract; <br /> <br />2. The subcontractor is someone with whom such person has or is <br />negotiating any prospective employment; or <br /> <br />3. The participation of such person would be prohibited by the <br />California Political Reform Act, California Government Code <br />987100 et seq. if such person were a public officer, because such <br />person would have a "financial or other interest" in the subcontract. <br /> <br />11 <br />