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ATTACHMENT 2
<br />3
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<br />requirements, funds will be reallocated by COUNTY in accordance with such needs,
<br />objectives, or strategies as COUNTY shall decide. In preparing such needs, objectives, or
<br />strategies, COUNTY shall consult with CITY and Technical Advisory Committee before
<br />making its determinations.
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<br />9. Each party to this agreement and each CONSORTIUM member shall affirmatively further
<br />fair housing.
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<br />10. CITY shall pay COUNTY an annual fee to help defray COUNTY'S costs to administer the
<br />Consortium and perform monitoring, record-keeping, and reporting required by the Act.
<br />Such fee shall be based upon COUNTY'S expected actual costs and shall in no case exceed
<br />five percent (5%) of the CITY'S annual allocation of HOME funds.
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<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
<br />prepared: 1) documents required to be submitted to HUD, 2) annual HOME performance
<br />report, 3) such other documents as COUNTY may require to carry out eligible housing
<br />activities or meet Federal requirements. All information shall be submitted on forms
<br />prescribed by COUNTY. In addition, CITY agrees to make available upon request all
<br />records concerning the activities carried out under this agreement for inspection by
<br />COUNTY or Federal officials during regular business hours.
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<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
<br />losses of any type, and from liability for any fines, penalties or damages of any type,
<br />resulting from CITY'S performance of this Agreement and caused by any act or omission
<br />of CITY, including failure to comply with any requirement of the Act or the Program
<br />described herein, except to the extent that any such claim, suits, actions, losses, or liabilities
<br />arise from any act or omission of COUNTY.
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<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
<br />of any type, and from liability for any fines, penalties or damages of any type, resulting
<br />from COUNTY'S performance of this Agreement and caused by any act or omission of
<br />COUNTY, including failure to comply with any requirement of the Act or the Program
<br />described herein, except to the extent that any such claims, suits, actions, losses, or liability
<br />arise from any act or omission of CITY.
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<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
<br />from this Agreement.
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<br />15. This Agreement shall go into effect immediately upon the signature of both parties and
<br />shall continue in full force and effect unless amended, until the HOME funds received
<br />during each of the federal fiscal years of the qualification period (2027, 2028, and 2029)
<br />are expended on eligible activities or returned to HUD. CITY will be included in the
<br />Page 52 of 846
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