|
shall be based upon COUNTY'S expected actual costs and shall in no case exceed five percent
<br /> (5%)of the CITY'S annual allocation of HOME funds.
<br /> 11. CITY shall provide COUNTY with all of the following information concerning CITY and
<br /> the activities CITY carries out under this agreement which COUNTY requires to be prepared: 1)
<br /> documents required to be submitted to HUD, 2) annual HOME performance report, 3) such other
<br /> documents as COUNTY may require to cant' out eligible housing activities or meet Federal
<br /> requirements. All information shall be submitted on forms prescribed by COUNTY. In addition,
<br /> CITY agrees to make available upon request all records concerning the activities carried out under
<br /> this agreement for inspection by COUNTY or Federal officials during regular business hours.
<br /> 12. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify, and hold
<br /> harmless COUNTY, its officers, employees, and agents from all claims, suits, actions or losses of
<br /> any type, and from liability for any fines,penalties or damages of any type,resulting from CITY'S
<br /> performance of this Agreement and caused by any act or omission of CITY, including failure to
<br /> comply with any requirement of the Act or the Program described herein, except to the extent that
<br /> any such claim, suits, actions, losses, or liabilities arise from any act or omission of COUNTY.
<br /> 13. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify,and hold
<br /> harmless CITY, its officers, employees, and agents from all claims, suits, actions or losses of any
<br /> type,and from liability for any fines,penalties or damages of any type,resulting from COUNTY'S
<br /> performance of this Agreement and caused by any act or omission of COUNTY, including failure
<br /> to comply with any requirement of the Act or the Program described herein, except to the extent
<br /> that any such claims, suits, actions, losses, or liability arise from any act or omission of CITY.
<br /> 14. CITY agrees to defend, indemnify, and hold harmless all other cities participating in the
<br /> Alameda County HOME CONSORTIUM for CITY'S negligent acts or omissions arising from this
<br /> Agreement.
<br /> 15. This Agreement shall go into effect immediately upon the signature of both parties and
<br /> shall continue in full force and effect until the HOME funds received during each of the federal
<br /> fiscal years of the qualification period(2024-2026)are expended on eligible activities or returned
<br /> to HUD. CITY will be included in the Consortium for a minimum of three(3)federal fiscal years,
<br /> specifically federal fiscal years 2024,2025 and 2026. CONSORTIUM members, including CITY,
<br /> shall not withdraw from the CONSORTIUM during this period(federal fiscal years 2024-2026).
<br /> 16. The beginning of the CONSORTIUM'S program year is July 1 and the end of the
<br /> CONSORTIUM'S program year is June 30. All CONSORTIUM members,including CITY,must
<br /> be on the same program year for CDBG,HOME,Emergency Solutions Grant(ESG)and Housing
<br /> Opportunities for Persons with AIDS (HOPWA)programs.
<br /> 17. This Agreement may be executed in counterparts, each of which shall be deemed to be an
<br /> original, but all of which, taken together, shall constitute one and the same agreement.
<br />
|