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HomeMy WebLinkAboutCA DEPT TRANSPORTATION (2) - 2004 A-2004-276 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) COpy AGREEMENT NUMBER 04-CALHOME-087 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: $T A TE AGENCY'S NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME City of Santa Ana 2. The term of this Agreement is: Upon HCD Approval through February 9, 2008 3. The maximum amount of this Agreement is: $ 500,000.00 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit 0 - Oept. of General Services - General Terms and Conditions 6 page(s) a,A Eo H~LY c;J..ffRK OF THE cgUNClLp"-',c - : Ji.?PfieNEfl A~ lJ.'e '--- ~'~[~ .L LISA E. SiORCK ~sistant City Attorney Exhibit C - HCO General Terms and Conditions 2 page(s) 1 pagels) 5 pagels) Exhibit A - Authority, Purpose and Scope of Work Exhibit B - Budget Detail and Payment Provisions TOTAL NUMBER OF PAGES ATTACHED: 14 pages I IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, ete.) City of S ta Ana ;2- OF PERSON SIGNING David N. Ream, City Manager ADDRESS 20 Civic Center Plaza, M-37 .' Santa Ana, CA 92701 DATE SIGNED(Do not type) 25 STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development BY (Authorized Signature) DATE SIGNED(Do IIOllype) PRINTED NAME AND TITLE OF PERSON SIGNING Susan Phillips, Manager, Budgets and Contracts Branch ADDRESS ~ Exempt from: Department of General Services Approval 1800 Third Street, Room. 350, Sacramento, CA 95814 ~ ...~r,.o;;~., ,.~ '" ,.."",,~I-;'; City of Santa Ana 04-CALHOME-087 Page 1 of 2 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK (Owner-Occupied Rehabilitation) Section 1 . Authoritv & Purpose This Standard Agreement (hereinafter "Agreement") will provide official notification of a conditional funding commitment under the CalHome Program (the "Program") administered by the State Department of Housing and Community Development (variously, the "Department," or the "State") as authorized by and pursuant to Chapter 6 of Part 2 of Division 31 of the Health and Safety Code, commencing with Section 50650 (the "CalHome statutes") and regulations found in Tille 25 of the California Code of Regulation, Division 1, Chapter 7, Subchapter 9 commencing with Section 7715 (the "CalHome Regulations"), all as amended and in effect from time to time. In accepting this conditional funding commitment, the Contractor agrees to comply -with: (a) the c::alHome statutes; (b) the CalHome Regulations; (c) the terms and conditions of the CalHome Program General Notice of Funding Availability dated July 15, 2004 (the "NOFA"), which NOFA is incorporated herein by this reference; (d) the representations contained in the Contractor's application made in response to the NOFA (the "Application"); and (e) the terms and conditions of this Agreement. Section 2 . Scope of Work A. Contractor shall perform the Work as described in the Application, which is on file at the Department of Housing and Community Development, Division of Community Affairs, 1800 Third Street, Room 390, Sacramento, California and which is incorporated herein by reference. All written materials or alterations submitted as addenda to the original Application and which are approved in writing by the CalHome Program Manager or higher Departmental official, as appropriate, are hereby incorporated as part of the Application. In the event of a conflict between the description of the Work in the Application and as described in this Exhibit A, the description in this Exhibit A shall prevail. The State reserves the right to require the Contractor to modify any or all parts of the Application in order to comply with the CalHome Statutes or Regulations. The State reserves the right to review and approve all Work to be performed by the Contractor in relation to this Agreement. Any proposed amendment to the Work must be submitted in writing for review and approval by the State. Any approval shall not be presumed unless such approval is made by the State in writing. B. The Work generally shall consist of: Administration of an owner-occupied rehabilitation program, Section 3 - Amount of Aqreement Owner-Occupied Rehabilitation: $500,000.00 Section 4 - Completion Dates A. All funds remaining unexpended as of December 9. 2007, shall be disencumbered. City of Santa Ana 04-CALHOME-087 Page 2 of 2 EXHIBIT A B. This Agreement shall expire on February 9. 2008. Section 5 - State The coordinator of this Agreement for the State is the Program Manager of the CalHome Program, Division of Community Affairs, or the Program Manager's designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the State Coordinator at the following address: State CalHome Program Manager Department of Housing and Community Development Division of Community Affairs P. O. Box 952054, MS 390-2 Sacramento, California 94252-2054 Phone: (916) 445-3086 Section 6 - Contractor Contract Coordinator The Contractor's contact for this Agreement is listed below, Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the contact at the following address: Contractor: City of Santa Ana Name: Shelly Landry-Bayie, Manager I Phone: 714-667-2287 Email: Fax: 714-667-2225 Fax: Address: 20 Civic Center Plaza, M-37 Santa Ana, CA 92701 Section 7 - Special Conditions None City of Santa Ana 04-CALHOME-087 Page 1 of 1 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (Owner-Occupied Rehabilitation) A. Payments to Contractor for mortgage assistance or owner-occupied rehabilitation shall be on an advance or reimbursement basis, Upon the effective date of this Agreement, and upon submission of the required draw request form(s) and submission of any State- required documentation, Contractor may obtain an advance of funds in an amount not to exceed 25% of the total amount provided under this Agreement. As these funds are used for eligible expenditures, the Contractor shall forward all required documentation to Contract Manager. When two-thirds (2/3) of the initial disbursement of CalHome Program funds on hand has been expended, the Contractor may request the next advance of 25% of the total amount provided under this Agreement. This procedure of advances shall continue until the total amount provided under this Agreement is expended. This system of advances is subject to the requirements of Exhibit A, Section 4A, Completion Dates, of this Agreement. B. The State reserves the right to request copies of any documentation at any time prior to, or after the processing of any draw request. C. As a condition of the first draw of funds, Contractor shall submit for State review and approval: 1, (a) program guidelines describing the Contractor's owner-occupied rehabilitation program per CalHome Program Regulations Section 7735(a); (b) written procedures for long-term loan servicing; (c) homebuyer educalion curriculum; (d) a copy of Contractor's Reuse Account plan; (e) and an executed 20-year Monitoring Agreement on a form to be provided by the State. City of Santa Ana 04-CALHOME-087 Page 1 of 5 EXHIBIT C HCD GENERAL TERMS AND CONDITIONS 1. Effective Date and Commencement of Work This )\::;':s~ent is effective U!)(\!) 2;Jpro'/al bv the State which is the date stamped by the Department of Housing and Community Development (HCD) in the lower right hand corner of page one of the Agreement. The Contractor agrees that Work shall not commence, nor any costs to be paid with CalHome funds be incurred or obligated by any party prior to execution of this Agreement by the State, completion of all required environmental clearances, and compliance with the applicable conditions of this Agreement. The Contractor agrees that the Work shall be completed in accordance with the date specified in Exhibit A, Section 4A. This Agreement shall terminate on the date set forth in Exhibit A, Section 4B. 2. Amount and Form of Fundinq A. For the purposes of performing the Work, the State agrees to provide to the Contractor the amount specified in Exhibit A, Section 3; Amount of Agreement. In no instance shall the State be liable for any costs for the Work in excess of this amount, nor for any unauthorized or ineligible costs. B. The State shali provide funding in the following forms: 1, As a grant, if the Work consists of a program to provide: loans to first- time homebuyers for down payment assistance; or/loans to owner- occupants for rehabilitation, 2. As a secured development loan that may convert to a grant, if the Work consists of a new construction homeownership project. 3. As a secured permanent-only loan if the Work consists of assistance to a mutual housing or cooperative development. 3. Permitted Uses of Funds The Contractor shall use funds provided pursuant to this Agreement only for performance of the Work, and consistent with the requirements of the NOFA and the CalHome Regulations. 4. Termination and Breach A. In the event of the Contractor's failure to satisfy or comply with any term or condition in this Agreement or with respect to the loan documents, if any, specified in Exhibit B; Budget Detail and Payment Provisions, within the time and in the manner specified, after written notice to the Contractor by State specifying: (1) the breach; (2) the action required to cure such breach; and (3) a date, not less than fifteen (15) days from the date of receipt of such notice by the Contractor, by which such breach must be cured, the State may withdraw its City of Santa Ana 04-CALHOME-087 Page 2 of 5 EXHIBIT C conditional commitment or the balance thereof and be released from any further obligation to the Contractor after notifying the Contractor in writing of the State's intention to terminate this Agreement. B. In the event of such breach the State may also take such action or seek such remedies as are provided in any other executed loan documents, C. Unless otherwise approved by the State, upon termination of this Agreement, the Contractor shall complete all the Work in progress and terminate any other activities that were to be paid for with Program funds. Any unexpended funds received by the Contractor shall be returned to the State within 15 days of the notice of termination. 5, Insurance A. Prior to the disbursement of funds under this Agreement and thereafter during the term hereof, the Contractor shall obtain, carry, and maintain in force, comprehensive general liability insurance in the amount of not less than one million dollars ($1,000,000) for injury to or death of one person, one million dollars ($1,000,000) for injury to or death of more than one person in one accident, and adequate property damage insurance. All insurance carriers must meet the requirements of the State of California Department of Insurance, B. Upon demonstration of cause satisfactory to the State, the requirements of subparagraph "B" may be satisfied by the Contractor providlng evidence of an alternative to conventional insurance sufficient to provide equivalent protection, 6. Inspections A. The Contractor shall inspect any Work performed hereunder to ensure that the Work is being and has been performed in accordance with the applicable federal, State and/or local requirements, any applicable construction contract, and this Agreement. The Contractor agrees to require that all Work found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to the construction contractor or subcontractor until it is so corrected. B. The State reserves the right to inspect any site upon which the Work is being performed; and the Contractor shali cause to be inserted in any subcontract for performance of the Work a provision permitting the State or its agents the right to inspect the Work-site at any reasonable time. 7. Siqns If assistance is provided as a secured development loan, any signs placed on the Property during construction which identify the sponsor of, or lenders to, the development shall include the Department as one of the entities providing financing to the development. During the construction period the Department may place one or City of Santa Ana 04-CALHOME-087 Page 3 of 5 EXHIBIT C more signs on the Property stating that it is providing financing for the development. 8. Reportinq Requirements A. During the term of this Agreement, and no later than 30 days after the end of each calendar quarter, the Contractor shall submit to the State a performance report on a form provided by the State. B. During the term of this Agreement, and no later than 30 days after June 30th of each year, the Contractor shall submit, upon request of the State, an annual performance report on a form provided by the State. C. During the term of this Agreement, the State reserves the right to request other forms or reports as may be necessary or required. 9. Audit/Retention and Inspection of Records A. The Contractor shall retain all books and records pertaining to performance of this Agreement for a minimum of three years after the expiration of the Agreement and any and all amendments hereto, or for three years after the conclusion or resolution of any and all audits or litigation relevant to this Agreement, whichever is later. B, The Contractor shall adequately document each transaction to permit the determination, through an audit if requested by the State, of tQe accuracy of the records and the allowability of the expenditures paid in whole or in part, with CalHome funds. If the allowability of an expenditure cannot be determined because records or documentation are inadequate, the questionable expenditure will be disallowed. The Contractor shall reimburse the State for the amount of any disallowed expenditures of the Contractor or its agents or subcontractors, Determination by the State of allowability of any expenditure shall be final. C. The State does not require a routine audit of the Contractor's books; provided, however, the Contractor shall comply with any reasonable demand by the State for an audit of the Contractor's activities related to this Agreement. If the State provides the auditor, the State will pay for the cost of the audit; otherwise, the Contractor shall pay the cost of the audit. D. Contractor agrees that the State or its delegatee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. Contractor agrees to provide the State or its delegatee with any relevant information requested and shall permit the State or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Government Code section 8546.7, Contractor further agrees to maintain such records for a period of three (3) years after final payment under the contract. City of Santa Ana 04-CALHOME-087 Page 4 of 5 EXHIBIT C 10. Monitorinq Aqreement Upon the State's approval of Recipient's Loan Servicing Plan and CalHome Reuse Account Plan, the Recipient shall enter into a twenty (20) year CalHome Program Reuse Account Monitoring ,Agreement (Monitoring Agreement). This Monitoring Agreement aliows the State to: obtain necessary reporting information; review and approve changes to Loan Servicing Procedures or CalHome Reuse Account Plans; and to perform monitoring of CalHome program operations and accounts, 11, Compliance with Laws and Requlations Contractor agrees that at ali times its acts with respect to the CalHome Program, CalHome activities, and use of funds committed herein .shall be in conformity with ali laws applicable to the CalHome Program including those of the State of California, ali federal laws, all local rules or ordinances, ali requirements of the CalHome Program including the CalHome statutes and Regulations. 12, Disencumbrance of Funds Funds authorized by this Agreement may be disencumbered in whole or in part if funds are not expended within the time frames specified in Exhibit A, Section 4,A; Completion Dates, 13. Waiver I No waiver of any breach of this Agreement shali be held to be a waiver of any prior or subsequent breach. Any remedy afforded in this Agreement shali be taken and construed as cumulative, and in addition to, any other remedy provided therein or by law, The failure of the State to enforce at any time the provisions of this Agreement or to require at any time performance by the Contractor of such provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the State to enforce these provisions. 14. Litiqation A. If any provision of this Agreement, or underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the State, shali not affect any other provisions of this Agreement and the remainder of this Agreement shali remain in fuli force and effect. Therefore, the provisions of this Agreement are, and shali be, deemed severable. B. The Contractor shall notify the State immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the State, and shali take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the State. 15. Prevailinq Waqes City of Santa Ana 04-CALHOME-087 Page 5 of 5 EXHIBIT C A. Where funds provided through this Agreement are used for construction work, or in support of construction work, the Contractor shall ensure that the requirements of Chapter 1 (commencing with section 1720) of Part 7 of the Labor Code (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met. B. For the purposes of this requirement "construction work" includes, but is not limited to rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the "construction contract"), Where the construction contract will be between the Contractor and a licensed building contractor, the Contractor shall serve as the "awarding body" as that term is defined in the Labor Code, Where the Contractor will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the "awarding body," The construction contract and any amendments thereto shall be subject to the prior written approval of the State. Prior to any disbursement of funds, including but not limited to release of any final retention payment, the State may require a certification from the awarding body that prevailing wages have been or will be paid when required by Section 1720 of the Labor Code, I .' City of. Santa Ana 04-CALHOME-087 Page 1 of 6 EXHIBIT D State of California General Terms and Conditions 1. Approval This Agreement is of no force and effect until signed by both parties. 2. Amendment No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. AssiQnment This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4, Indemnification The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and ail claims and losses accruing or resulting to any and ail contractors, subcontractors, suppliers, laborers and any ott\er person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and ail claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this Agreement. 5, Disputes Contractor shail continue with the responsibilities under this Agreement during any dispute. 6. Termination for Cause The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. [See Exhibit C for additional breach, notice and cure provisions.] 7. Independent Contractor Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State, City of Santa Ana 04-CALHOME-087 Page 2 of 6 EXHIBIT D 8, Non-Discrimination Clause A. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave, Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. B. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. I 9, Timeliness Time is of the essence in this Agreement. 10. Governinq Law This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California, 11, Child Support Compliance Act If this Agreement is in excess of $100,000, by executing this Agreement, Contractor acknowledges and agrees to the following: A. The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. City of Santa Ana 04-CALHOME-087 Page 3 of 6 EXHIBIT D 12. Severability In the event that any provIsion of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 13. Union Activities By signing this agreement Contractor hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this agreement and agrees to the following: A. Contractor will not assist, promote or deter union organizing by employees performing work on a state service contract, including a public works contract. B. No state funds received under this agreement will be used to assist, promote or deter union organizing. C. Contractor will not, for any business conducted under this agreement, use any state property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equally available to the general public for holding meetings. D. If Contractor incurs costs, or makes expenditures to assisl,t promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and that Contractor shall provide those records to the Attorney General upon request. 14, Druq-Free Workplace Requirements Contractor shall comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq,) and shall provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. B. Establish a Drug-Free Awareness Program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the Contractor's policy of maintaining a drug-free workplace; (3) any available counseling, rehabilitation and employee assistance programs; and (4) penalties that may be imposed upon employees for drug abuse violations. C. Every employee who works on the proposed contract will: (1) receive a copy of the Contractor's drug-free workpiace policy statement; and (2) agree to abide by the terms of the Contractor's statement as a condition of employment under this agreement. City of Santa Ana 04-CALHOME-087 Page 4 of 6 EXHIBIT D Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above, (Government Code section 8350 et seq.) Doing Business with the State of California: The following laws apply to persons or entities doing business with the State of California, 15. Conflict of Interest Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. A. Current State Employees (Public Contracts Code section 10410): 1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. I 2. No officer or employee shall contract on his or her own behalf as an independent Contractor with any state agency to provide goods or services. B. Former State Employees (Public Contracts Code section 10411): 1. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2, For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. C. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Public Contracts Code section 10420). l City of Santa Ana 04-CALHOME-087 Page 5 of6 EXHIBIT 0 D. Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem, (Public Contracts Code section 10430 (e)) 16, Labor CodelWorkers' Compensation Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code section 3700) 17, Americans With Disabilities Act Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U,S.C. 12101 et seq.) 18. Contractor Name Chanqe An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change, the State will process the amendment. 19. Corporate Qualifications to Do Business in California: A. If Contractor is a corporation, the State may verify that the Contractor is currently qualified to do business in California in order to ensure that all obligations due to the State are fulfilled, B. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the State not be subject to the franchise tax. C. Both domestic and foreign corporations (those incorporated outside California) must be in good standing in order to be qualified to do business in Caiifornia. If Contractor is a corporation, the State will determine whether Contractor is in good standing by contacting the Office of the Secretary of State. 20. Resolution A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. City of Santa Ana 04-CALHOME-087 Page 6 of 6 EXHIBIT 0 21. Air or Water Pollution Violation Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of the provisions of federal law relating to air or water pollution. 22. Pavee Data Record Form Std. 204 This form must be completed by all contractors that are not another state agency or other government entity. 23. National Labor Relations Board Certification If Contractor is receiving federal funds under this Agreement, Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court. which orders Contractor to comply with an order of the National Labor Relations Board. (Not applicable to public entities.) 24. Domestic Partners: I Commencing on July 1, 2004 Contractor certifies that it is in compliance with Public Contract Code section 10295.3 with regard to benefits for domestic partners. For any contracts executed or amended, bid packages advertised or made available, or sealed bids received on or after July 1 2004 and prior to January 1, 2007, a contractor may require an employee to pay the costs of providing additional benefits that are offered to comply with PCC 10295,3,