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Procurement Contract No. 30351 <br />4 of 9 <br />any kind for purposes of audit or investigation, in order to ascertain compliance with <br />the provisions of this contract. Records shall be maintained for a period of five years <br />or in accordance with 24 CFR Part 92.508(c), whichever is longer. <br /> <br />2. The CITY agrees to defend, indemnify and hold harmless the COUNTY and its Board <br />of Supervisors and the individual members thereof, officers, employees and agents <br />(collectively, “County Indemnitees”) from any and all acts, claims, omissions, <br />liabilities and losses by whoever asserted arising out of acts or omissions of the CITY <br />in the performance of the scope of work except those arising by reason of the sole <br />negligence of County Indemnitee. As a part of this agreement, the CITY will provide <br />the COUNTY with a Certificate of Insurance as outlined in Exhibit B. <br /> <br />3. The COUNTY agrees to defend, indemnify and hold harmless the CITY and its City <br />Council and individual members thereof, officers, employees and agents (collectively, <br />“City Indemnitees”) from any and all acts, claims, omissions, liabilities and losses by <br />whoever asserted arising out of acts or omissions of the COUNTY in the performance <br />of the scope of work except those arising by reason of the sole negligence of any City <br />Indemnitee. <br /> <br />4. The CITY shall comply with all applicable laws, regulations, ordinances and codes of <br />Federal, State and local governments, in the performance of this Agreement. <br /> <br />5. The CITY agrees to comply with all requirements, which are now, or which may <br />hereafter be imposed by HUD for the HOME Program, as well as such requirements <br />which are now, or which may be hereafter be imposed by the Alameda County HOME <br />Consortium. <br /> <br />6. The CITY agrees that it will comply with the Americans with Disabilities Act (ADA) <br />and Title VII of the Civil Rights Acts of 1964, and that no person in the United States <br />shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national <br />origin, age, religion, veteran status, political affiliation or any other non-merit factors <br />be excluded from participation in, be denied the benefits of or be subjected to <br />discrimination under any program or activity funded in whole or in part with funds <br />made available to the CITY by the COUNTY pursuant to this contract. The CITY shall <br />not discriminate by any of the following means: <br /> <br /> a. Deny any service or other benefit provided under the program or activity; <br />b. Provide any service or other benefit which is different or is provided <br />in a different form from that provided to others under the program or <br />activity; <br />c. Subject to segregated or separate treatment in any facility in or in any <br />manner or process related to receipt of any service or benefit under the <br />program or activity; <br />d. Restrict in any way the enjoyment of any advantage or privilege <br />enjoyed by others receiving any service or benefit under the program <br />Docusign Envelope ID: 7F5A17E5-F09C-8730-8229-800007D0764A