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HomeMy WebLinkAboutCALIFORNIA, STATE OF - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 7 - 2008A-2008-338 CTATF OF ('At IFO..AII. LS16FC TR»SPORT TIO!. A6D NOIISINC A('ENf Y d "°~~ DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FINANCIAL ASSISTANCE - HOME AND Homeownership Section CalHome Program ieoo mua sweet suite 3Baz Sacramento, CA 96677 (976J 322-0356 FAX (B76J 322-2604 DEC '3 8 2008 David N. Ream ~ ~O~Y City Manager City of Santa Ana 20 Civic Center Plaza, M-37 Santa Ana, CA 92701 Re: CalHome Standard Agreement: 08-CalHome-4922 Dear Mr. Ream: Congratulations on your CalHome Program Award. Attached is an electronic copy of the State's CalHome Standard Agreement, with Exhibits A though D, which contains the following provisions: Exhibit A --Program Authority, Purpose and Scope of VJark Exhibit B -Program Set-Up and Disbursement Conditions Exhibit C - HCD General Terms and Conditions Exhibit D -State of Catifomia General Terms and Conditions To ensure efficient processing of the Standard Agreement, please complete the following: Review the Standard Agreement thoroughly and if necessary discuss the requirements with your legal and financial advisers; Print five {5) copies of the Standard Agreement, STD. 213 cover page; The person authorized by the Resolufion, submitted with the grant application, must provide an original signature, printed name, title and date on the lower left-hand "Contractor" section, on each copy of the STD. 213 cover page. If the resolution submitted with the application did not authorize a designated official to sign the Standard Agreement and other program documents, the governing body must adopt a resolution authorizing a designated official(s) to sign the Standard Agreement and other documents; Return five (5} originally signed STD. 213 cover pages, and if applicable the certified resolution within 45 davs from the date of this letter to: Department of Housing and Community Development Budget and Contracts Branch P.O. Box 95205D Sacramento, CA 94252-2050 Standard Agreements not returned within the required 45-day period will be canceled. Maintain this electronic version of the complete Standard Agreement (STD. 213 and Exhibits A through E) for your pending file. Upon receipt of the five (5} original, signed STD. 213 cover pages, HCD will complete the approval process and return a complete, fully executed, original Standard Agreement to you. Please note that the contract is not effective until it is signed by the Department. Please accept my best wishes for a successful program or project. Please contact the CalHome Program at (916} 327-8255 if you have any questions regarding the Standard Agreement or the provisions therein. Since ely, ` Sharon I. Sarno CalHome Program Manager Attachments cc: Budget and Contracts Branch ST ATE OF CALlFORJllIA STANDARD AGREEMENT STD 2'3 (Rev 06103) AGREEMENT NlJMBER OIl-CALHOME-4922 ..~_~___._________._~___~.-i . REGISTRATION NUMBER 1 .'.'1. This Agreement is entered into between'ih.;s;;.t~'A~~;;C;y.-;;(fiIie'C~niracio;'llamedbClm;;:"--"'. ... ST ATE AGENCY'S NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVEWPMENT CONTRAcroiFs NAME City of Santa Ana 2. The term of this Agreemenl is: Upon HeD Approval through 09109/2011 3. The maximo:m amount of this S9oo,Ooo.OO Agreement IS: 4. Tbe parties agree to comply with the teims aildcondiiionsoftbe folfowingexhlbits wbicb a;:e.byiIii.reference made" p~~.ofthe.~~e~en.t:....... ..._ .... ... ._...._. ..._- Exhibit A - Authority, Purpose and Scope or Work 3 Exbibit B - Budget Detail aud Payment Provision. 1 Exhiblt D - State or California General Term. and Conditions 5 APPROVED AS TO FORM ht.. - [~^---' LISA E. STORCK Assistant City Attorney Exhihlt C _ HCD General Term. and Condition. 5 Exhibit E - Spedal Terms and Conditions {l Exhibit F - Additional Provisions o TOTAL NUMBER OF PAGES ATTACHED: 14 pages ro COpy IN WITNESS WHEREOF, this Agreement has been exeeuted by the parties hereto. ."~ . ...,-.----- --"--,--._-------- CONTRACTOR'S NAME (ifolhcrthan an individual. slate: whctbcr a rorpocation, partncrship,c:lc) City of Santa Ana California Department of General Service Use Only CONTRACTOR !D~:rnS;~N~;o.~~;~; , I n..//7/.q)>: __._ _m.~" ,_,...____L~._,._,___L.,__ ....-"---- . DavidN_..Reaml-.c.ity..Marlager---.-. ADDRESS P.O. Box 22030, Santa Ana, CA 92702 I ---....----1 , , ----1 I .....m...j I DATE SIGNED loO;;<,iiYpc) .1 I ' __ ______~_.__________.___...__.~._~~_.~.~___~_____L".,_~._ PRINTED NAME AND TITLE OF PERSON SIGNING Stacy Q. Hernandez, Contracts l\fanager, Budget and Contracts Branch ADDRESS 1800 Third Street, Room 350, Sacramento, CA 95811 [] . COpy STATE OF CALIFORNIA AGENCy'NAME .. Department of Housing and Community Development - - "Iri'(Authori~~-si,&OaturC)' .. - .,.----,. P<1 Exempt pcr:SCM 4.04.3 (DGS Memo ,.... dated 6/12181) -~.--,--_._-- ~ PA TRIOlA E. HEALY CLERK OF THE COUNCIL City of Santa Ana 08-CaIHome-4922 Page 1 of 3 EXHIBIT A AUTHORITY. PURPOSE AND SCOPE OF WORK (OWner-Occupied Rehabilitation) Section 1 - Authority & PurDose This Standard Agreement (11ereinafter "Agreement") will provide official notification of a conditional funding commitment under the CalHome Program ("Program") administered by the State Department of Housing and Community Development (variously. "Department: or "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 ("CaIHome Statutes") and regulations found in Title 25 of the California Code of Regulation, Division 1, Chapter 7, Subchapter 9 commencing with Section 7715 ("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 CalHome Statutes; (b) the CalHome Regulations; (c) the terms and conditions of the Program Homeownership Project Development Notice of Funding Availability dated April 18, 2008 ("NOFA"), which NOFA is Incorporated herein by this reference; (d) the representations contained in the Contractor's application made in response to the NOFA ("Application"); and (e) the terms and conditions of tI1is Agreement. All funds provided through this Agreement are general obligation bond funds pursuant to the Housing and Emergency Shelter Trust Fund Act of 2006. As such, pursuant to Govemment Code section 16727, Contractor shall ensure that expenditures of the Program grant or loan are limited to those costs associated with the acquisition, rehabilitation or construction of capital assets. Section 2 - SCODe of Work A. Contractor shall perform the Scope of Work ("Work") as described in the Application, which is on file at the Department of Housing and Community Development, Division of Financial Assistance, 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 as described in this Exhibit, the description in this Exhibit shall prevail. The Department reserves the right to require tI1e Contractor to modify any or all parts of the Application in order to comply with the CalHome Statutes or Regulations. The Department 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 Department. Any approval shall not be presumed unless such approval is made by the Department in writing. B. The Work generally shall consist of: 1. Administration of a low-income owner-occupied rehabilitation program. City of Santa Ana 08-CaIHome-4922 Page 2 of 3 EXHIBIT A Section 3 . Amount of Aareement The amount of this Agreement for the Work described herein is: $900,000.00 Section 4 - ComDletion Dates A. All funds remaining unexpended as of Julv 9. 2011, shall be disencumbered. B. This Agreement shall expire on September 9. 2011. Section 5 - State Contract Coordinator The coordinator of this Agreement for the Department is the Program Manager of the CalHome Program, Division of Financial Assistance, 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 Financial Assistance P. O. Box 952054, MS 390-2 Sacramento, California 94252-2054 Phone: (916) 327-8255 Section 6 _ Contractor Contract Coordinator The Contractor's contact for this A9reement 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: David N. Ream, City Manager Phone: 714-667.2287 Fax: Address: 20 Civic Center Plaza, M-37 Santa Ana CA 92701 City of Santa Ana 08-CaIHome-4922 Page 3 of 3 EXHIBIT A Section 7 - SDecial Conditions Program will be operated entirely within Federally Qualified Census Tracts as listed in the application. City of Santa Ana 08-CaIHome-4922 Page 1 of 1 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (Owner-Occupied Rehabilitation) A. Payments to Contractor for mortgage assistance 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 Department 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 the 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 Department 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 the Department review and approval: 1. Program guideiines describing the Contractor's owner-occupied rehabilitation program per CalHome Program Regulations Section 7735(a); (b) written procedures for long-term loan servicing; (c) a copy of Reuse Account Plan; (d) an executed 20-year Monitoring Agreement provided by the Department; and (e) copies of the promissory note and deed of trust that will be used by the Contractor. City of Santa Ana 08-CaIHome-4922 Page 1 of 5 EXHIBIT C HCD GENERAL TERMS AND CONDITIONS 1. Effective Date and Commencement of Work This Agreement is effective upon aooroval bv the Deoartment which is the date stamped in the lower right hand comer of page one of this Agreement. The Contractor agrees that Work shall not commence, nor any costs to be paid with CalHa me funds be incurred or obligated by any party prior to execution of this Agreement by the Department, 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 4C. 2. Amount and Form of FundinQ A. For the purposes of performing the Work, the Department agrees to provide to the Contractor the amount specified in Exhibit A, Section 3; Amount of Agreement. In no instance shall the Department be liable for any costs for the Work in excess of this amount, nor for any unauthorized or ineligible costs. B. The Department shall 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 the Department 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 Department may withdraw its conditional commitment or the balance thereof and be released from any further obligation to the Contractor after notifying the Contractor in writing of the City of Santa Ana 08-CaIHome-4922 Page 2 of 5 EXHIBIT C Department's intention to terminate this Agreement. B. In the event of such breach the Department may also take such aelion or seek such remedies as are provided in any other executed loan documents. C. Unless otherwise approved by the Department, 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 Department 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,OOO) 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 Department. the requirements of subparagraph "A" may be satisfied by the Contractor providing evidence of an alternative to conventional insurance sufficient to provide equivalent proteelion. 6. Insoections 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 correeled. B. The Department reserves the right to inspect any site upon which the Work is being performed; and the Contrector shall cause to be inserted in any subcontract for performance of the Work a provision permitting the Department or its agents the right to inspect the work-site at any reasonable time. 7. SiClns 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 more signs on the Property stating that it is providing financing for the development. City of Santa Ana 08-CaIHome-4922 Page 3 of 5 EXHIBIT C 8. Revortina Reauirements 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 Department a performanca report on form provided by the Department. B. During the term of this Agreement, and no later than 30 days after June 30'" of each year, the Contractor shall submit, upon request of the Department, an annual performance report on form provided by the Department. C. During the term of this Agreement, the Department reserves the right to request other forms or reports as may be necessary or required. 9. AuditJRetention and Insoection 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 Department, of the 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 Department for the amount of any disallowed expenditures of the Contractor or its agents or subcontractors. Determination by the Department of allowability of any expenditure shall be final. C. The Department does not require a routine audit of the Contractor's books; provided, however, the Contractor shall comply with any reasonable demand by the Department for an audit of the Contractor's activities related to this Agreement. If the Department provides the auditor, the Department will pay for the cost of the audit; otherwise, the Contractor shall pay the cost of the audit. D. Conlractor agrees that the Department 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 Department or its delegatee with any relevant information requested and shall permit the Department 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 malerial that may be relevant to a matter under investigation for the purpose of determining compliance with Government Code section 8546.7. Contractor further agrees 10 maintain such records for a period of three (3) years after final payment under the contract. City of Santa Ana 08_CaIHome-4922 Page 4 of 5 EXHIBIT C 10. Monitorino Aareement Upon the Department'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 allows the Department 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. Comoliance with Laws and Reaulations Contraelor agrees that at all times its acts with respeel to the CalHome Program, CalHome aelivities, and use of funds committed herein shall be in conformity with all laws applicable to the CalHome Program including those of the State of California, all federal laws, all local rules or ordinances, all 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, Seelion 4.A; Completion Dates. 13. Waiver No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. Any remedy afforded in this Agreement shall be taken and construed as cumulative, and in addition to, any other remedy provided therein or by law. The failure of the Department 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 vandity of this Agreement or the right of the Department to enforce these provisions. 14. Litiaation 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 Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shail remain in lull force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. B. The Contractor shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the Department, and shall take such action with res peel to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. City of Santa Ana 08-CaIHome-4922 Page 5 of 5 EXHIBIT C 15. Prevailina Waaes 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 Califomia 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 shail be subject to the prior written approval of the Department. Prior to any disbursement of funds, including but not limited to release of any final retention payment, the Department 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. C. Funds, including but not limited to release of any final retention payment, the Department 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. EXHIBIT 0 City of Santa Ana 08_CaIHome-4922 page 1 of5 (Rev.3/07) 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 ofthe parties. 3. Assianment 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 Contractor agrees to indemnify, defend and save harmless the Department, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all 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 shall continue with the responsibilities under this Agreement during any dispute. 6. Termination for Cause The Department 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. 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 Department. EXHIBIT 0 City 01 Santa Ana 08-CaIHome-4922 Page 2 015 (Rev.3/07) 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 (Govemment Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (Califomia 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. 9. Timeliness Time is of the essence in this Agreement. 10. Governlna Law This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 11. Child SUPDOrt Compliance Act If this Agreement is in excess of $100,000, by executing this Agreement, Contractor acknowledges and agrees to the following: A. Contractor recognizes the importance of chikl 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. 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. EXHIBIT 0 City of Santa Ana ()8.-CaIHome-4922 Page 3 of5 {Rev. 3/07) 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. Dru,,-Free WorlCDlace Reauirements 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. pubiish 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 poiicy 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 workplace policy statement; and (2) agree to abide by the terms of the Contractor's statement as a condition of employment under this agreement. 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: 14. 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 EXHIBIT 0 City of Santa Ana 08-CaIHome-4922 Page 4 of 5 (Rev.3/07) 1. 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 rendler this Agreement void. (Public Contracts Code section 10420). 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 1 0430 (e)) 15. Labor CodeJWorkers' ComDensation 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) 16. 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.) 17. Contractor Name Change 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. 18. 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. EXHIBIT 0 City of Santa Ana 08-CaIHome-4922 Page 5 of5 (Rev.3/07) B. "Doing business" is defirled irl 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 California. If Contractor is a corporation, the State will determine whether Contractor is in good standing by contacting the Office of the Secretary of State. 19. Resolution A county, city, district. or other loeel public body must provide the State with a copy of a resolution, order, motion, or ordinance of the loeel governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 20. 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. 21. Pavee Data Record Form Std. 204 This form must be completed by all contractors that are not another state agency or other government entity. 22. 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.) t:l/1\.,.,p... ~..; \if!I COTC PROCESSING FORM AGREEMENTS AND AMENDMENTS .,.~..,., r-~ ! /, l"t 10: .r-_ "".; . ~ .- TO: CLERK OF THE COUNCIL OFFICE ,~ ' CDA-Housing MAIL STOP: M-37 FROM: DEPT.: PROJECT MANAGER: Mary Aguilar EXT.: 2267 AGREEMENT NUMBER (if amendment): A I N AMENDMENT NUMBER (if applicable): NAME OF CONSULTANT: o 1ST 0 2ND o 3RD o State of California - CalHome Program AMOUNT: DOVER $25,000' (A) o UNDER $25,000' (N) COUNCIL APPROVAL DATE: 61212008 ITEM#: 55.A TERMINATION DATE: 9/912011 TERM OF AGREEMENT- EFFECTIVE DATE: Upon HCD approval SIGNATURES REQUIRED: o VENDOR o CITY ATTORNEY o AGENCY 1ZI OTHER (INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) INSURANCE REQUIRED: DYES o AUTO o PROFESSIONAL LIABILITY o NO (Provide City Attorney Office approval) o CGL (Commercial General Liability) o WORKERS COMPENSATION COMMENTS: Please have Dave sign the CalHome contracts in the spaces provided with blue ink (HCD regulation). Please call me at ext. 2267 or email me when the contracts are ready for pick up. Thank you. FOR CLERK OFFICE USE ONLY: o PROCESS 0 DO NOT PROCESS 0 MISSING CONTACT/PROJECT MANAGER INFORMATION 0 MISSING SIGNATURES 0 NEEDS COUNCIL APPROVAL 0 OTHER ADDITIONAL REMARKS: . Charter amendment effective December 21, 2006 for City Manager contract authority increase.