HomeMy WebLinkAboutCA DEPT HOUSING & C.D. 6 -2007
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
e e
CONTRACTOR'S COpy
,
A-2007-231
AGREEMENT NUMBER
06-CaIHome-184
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE 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
August 28, 2010
3. The maximum amount
of this Agreement is: $600,000.00
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 A - Authority, Purpose and Scope of Work 2 page(s)
Owner-Occupied Rehabilitation
Exhibit B - Budget Detail and Payment Provisions
1 page(s)
5 page(s)
5 page(s)
Exhibit C - HCD General Terms and Conditions
Exhibit D - Dept. of General Services - General Terms and Conditions
TOTAL NUMBER OF PAGES ATTACHED:
13 pages
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, etc.)
City of Santa Ana
DATE SIGNED(Do not type)
k<(\
NOV 1 4 2007
STATE OF CALIFORNIA
AGENCY NAME
Department of Housing and Community
ADDRESS
1800 Third Street, Room 350, Sacramento, CA 9581Kl
AP.PHOVEO AS TO FORM
(~~ ~.-.~-
LISA E. STORCK
Assistant City Attorney
IZJ Exempt from: Department of
General Services
Approval
In IUTI
~~~
PA TRICIA E. HEALY
CLERK OF THE COUNCIL
City of Santa Ana
06-Cal H ome-184
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 Title 25 of the Calffornia 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 CalHome statutes; (b) the CalHome Regulations; (c) the terms and conditions of
the CalHome Program General Notice of Funding Availability dated February 13, 2007 (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.
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 Government
Code section 16727, Contractor shall ensure that expenditures of the proceeds of the Program
grant or loan are limited to those costs associated with the acquisition, rehabilitation or
construction of capital assets.
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.
, I
City of Santa Ana
06-CaIHome-184
Page 2 of 2
EXHIBIT A
Section 3 - Amount of AQreement
Owner-Occupied Rehabilitation: $600,000.00
Section 4 - Completion Dates
A. All funds remaining unexpended as of June 28. 2010, shall be disencumbered.
B. This Agreement shall expire on AUQust 28.2010.
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: David N. Ream, City Manager
Phone: 714-667-2287
Fax: 714-667-2225
Address:
20 Civic Center Plaza, M-37
Santa Ana, CA 92701
Section 7 - Special Conditions
None
City of Santa Ana
06-CaIHome-184
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) a copy of Contractor's Reuse
Account plan; (d) and an executed 20-year Monitoring Agreement on a form to be
provided by the State.
City of Santa Ana
06-CaIHome-184
Page 1 of 5
EXHIBIT C
HCD GENERAL TERMS AND CONDITIONS
1. Effective Date and Commencement of Work
This Agreement is effective upon approval bv the State which is the date stamped by
the Department of Housing and Community Development (the Department) 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 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 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
conditional commitment or the balance thereof and be released from any further
City of Santa Ana
06-CaIHome-184
Page 2 of 5
EXHIBIT C
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 "An may be satisfied by the Contractor providing 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 shall 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
more signs on the Property stating that it is providing financing for the development.
City of Santa Ana
06-CaIHome-184
Page 3 of 5
EXHIBIT C
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 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 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
06-CaIHome-184
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
allows 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 all times its acts with respect to the CalHome Program,
CalHome activities, 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, Section 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 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,
shall not affect any other provisions of this Agreement and the remainder of this
Agreement shall remain in full force and effect. Therefore, the provisions of this
Agreement are, and shall 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 shall 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.
t.
City of Santa Ana
06-CaIHome-184
Page 5 of 5
EXHIBIT C
15. Prevailinq Waqes
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.
EXHIBIT D
City of Santa Ana
06-CaIHome-184
Page 1 of 5
(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 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
Contractor agrees to indemnify, defend and save harmless the State, 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 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.
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.
EXHIBIT D
City of Santa Ana
06-CaIHome-184
Page 2 of 5
(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 (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.
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. 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. 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 D
City of Santa Ana
06-CaIHome-184
Page 3 of 5
(Rev.3/07)
12. Severabilitv
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 Agreemertt have force and effect and
shall not be affected thereby.
13. 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 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
06-CaIHome-184
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(Rev.3/07)
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).
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))
15. Labor Code/Workers' 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)
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 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.
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
06-CaIHome-184
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(Rev.3/07)
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 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 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.
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. Payee 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.)
3/15/07 les
RESOLUTION NO. 2007-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE CALHOME
PROGRAM; THE EXECUTION OF A STANDARD
AGREEMENT AND ANY AMENDMENTS THERETO, IF
SELECTED FOR SUCH FUNDING; AND ANY RELATED
DOCUMENTS NECESSARY TO PARTICIPATE IN THE
CALHOME PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. The City of Santa Ana, a political subdivision of the State of California, wishes
to apply for and receive an allocation of funds through the CalHome Program.
B. The California Department of Housing and Community Development
(hereinafter referred to as "HCD") has announced the availability of $50
million through the CalHome Program. The CalHome Program is a multi-
faceted homeownership and rehabilitation program created by the State of
California that utilized monies made available by the passage of Proposition
1 C, the Housing and Emergency Shelter Trust Fund Act of 2006. These
funds are available to local public agencies or nonprofit corporations for a
variety of programs that benefit low and very low-income households.
C. The City of Santa Ana wishes to submit an application to obtain from HCD an
allocation of CalHome funds in the amount of $600,000.00.
D. Under the proposed application, the City is requesting the maximum amount
of $600,000 to provide additional funds for the City's existing CalHome
Rehabilitation and Mobile Home Replacement Housing Program.
Section 2. The City of Santa Ana shall submit to HCD an application to participate in
the CalHome Program which will request a funding allocation for rehabilitation loans to
qualified owners of single family homes and mobile homes located in the City of Santa
Ana. Loan funds will be used to correct unsafe, unhealthy or unsanitary conditions in
both single-family homes and mobile homes. The grant would also be used to fund the
Replacement Manufactured Housing component of the City's existing program.
Resolution No. 2007-033
Page 1 of 3
Section 3. If the application for funding is approved, the City of Santa Ana hereby
agrees to use the CalHome funds for eligible activities in the manner presented in the
application as approved by HCD and in accordance with program guidelines cited
above. It also may execute any and all other instruments necessary or required by
HCD for participation in the CalHome Program.
Section 4. The City of Santa Ana authorizes the Deputy City Manager for
Development Services to execute in the name of the City of Santa Ana, the application,
the Standard Agreement, and all other documents required by HCD for participation in
the CaIHome Program, and any amendments thereto.
ADOPTED this 2nd day of April. 2007.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
~ / v
By. I' ~_.
Lisa fi Storck
Assi~tant Cit~ Attorney
AYES: Councilmembers Alvarez, Benavides. Bustamante. Martinez,
Pulido, Sarmiento, Tinaiero (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
Resolution No, 2007-033
Page 2 of 3
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2007-033 to be the original resolution adopted by the City Council of the
City of Santa Ana on April 2, 2007.
Date:
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Patricia E. Healy .'
Clerk of Council
City of Santa Ana
Resolution No. 2007-033
Page 3 of 3
STATE OF CALIFORNIA .BUSINESS TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE
CalHome Program
1800 Third Street, Suite 390-2
P. O. Box 952054
Sacramento, CA 94252.2054 OCT 0 5 2007
(916) 322-1560
FAX (916) 323.6016
Arnold Schwarzeneooer Governor
Re: CalHome Program
Standard Agreement Number 06-CaIHome-184
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David N. Ream, City Manager
City of Santa Ana
20 Civic Center Plaza, M-37
Santa Ana, CA 92701
Dear Mr. Ream:
Enclosed are five copies of the State's CalHome Standard Agreemen with Exhibits A, B, C, and D.
Exhibit A contains the conditions applicable to the specific CalHome activity(ies) identified in the
application. Exhibit B contains disbursement conditions specific to the CalHome activity(ies)
identified in the application. Exhibit C contains the Department's general CalHome terms and
conditions and Exhibit D contains additional State requirements.
Please review the entire Agreement thoroughly and if necessary discuss the requirements with your
legal and financial advisers. Please return the following items to complete the CalHome Standard
Agreement process.
1. If the resolution submitted with the application did not authorize a designated official to sign
the Standard Agreement, project drawdown requests and other documents, have your
governing body adopt a resolution authorizing a designated official or officials to sign the
Standard Agreement and other documents;
2. Return all five copies of the Standard Agreement signed by the designated official in the
space marked "Contractor" on the lower section of the first page of the Agreement; and
3. Return a certified copy of the resolution, if necessary, and all copies of the Standard
Agreement no later than 45 days from the date of this letter to:
Department of Housing and Community Development
Budget and Contracts Branch
P.O. Box 952050, MS 350
Sacramento, CA 94252-2050
The State will execute the Agreement after it is signed and returned. Standard Agreements not
returned within the required 45-day period will be canceled.
Please contact the CalHome Program at (916) 327-3646 if you have any questions regarding this
Agreement.
d1lt~Manager
CalHome Program
Enclosures
cc: Contract Office
Contract Manager