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HomeMy WebLinkAboutReso No. 1990-525 - California Housing Rehabilitation Program for Owner Occupied Housing • P _ RESOLUTION NO. 570-5.23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS FOR THE CALIFORNIA HOUSING REHABILITATION PROGRAM FOR OWNER-OCCUPIED HOUSING. WHEREAS, the City Council has authorized the City Manager to apply to the State Department of Housing and Community Development in the past for funds from the California Housing Rehabilitation Program for Owner-Occupied Housing, to aid in financing local housing rehabilitation; and WHEREAS, it appears to be in the best interests of the City and its citizens to continue participation in this program, which complements the City's existing housing and community development programs, and is consistent with the City' s Housing Assistance Plan; and WHEREAS, the City Council has studied the attached Funding Approval and Program Agreement required by the State in connection herewith and has agreed to same; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Standard Agreement and any amendments thereto for the California Housing Rehabilitation Program for Owner-Occupied Housing in the amount of $250,000.00. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 6th day of November 1990, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Moss & Buffum NOES: COUNCIL MEMBERS: None • ABSENT: COUNCIL MEMBERS: Fulton - - ABSTAIN: COUNCIL MEMBERS: None • ATTEST ` �/ i :441 - - ��.� , .tor_ 7?wci li A-ei itydReddi E MEL NICHOLS,`City Clerk FORM`APPROVED: ^� a ALL A. HAYS, ity ttorney .,g STATE OFCALFORNM -- .1 STANDARD AGREEMENT-L-t\PPROVED BY THE ATTORNEY GENERAL �"/ OONTRACTNuM R 'W.NO. em.atREv►+q 90-CHRP-O-0 CONTRACTORS FEDERAL ID.NUMBER - THIS AGREEMENT.made and entaed into this Day day of month . 19 90 . . in the State of California.by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFCER ACTING FOR STATE AGENCY Department of Housing and Community Development • Director ,hereafter called the State and Local Entity ,bereaft�acalled the Conti-nor. - WITNESSETH: That the Contractor far and in consideration of the covenants,conditions,agreements,and stipulations of the State haeinafta expressed •does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor time for performance or completion,and attach plans and specifications,if any.) • 1. Authority • a. Pursuant to the criteria for eligibility and for the purposes authorized by Sections 50660- 50668.5 of the California Health and Safety Code and the regulations published thereunder • c _._; (California Code of Regulations, title 25, part 1, Chapter 7, subchapter 14, commencing with Section 8040, hereinafter "the Regulations"), the Contractor has submitted an applicatior 4$% which was certified for submission on Date, 1990 (hereinafter the "Application") to the State 7.1 of California Department of Housing and Community Development (hereinafter "the State• " "'``' ' - for a commitment of funds from the California Housing Rehabilitation Program for Owner Occupied Housing ("CHRP-0"), which Application is hereby incorporated by reference a> if set forth in full. The Contractor warrants and agrees that all statements, assertions, anc assurances contained in its Application are substantially true and correct • • • • 14 CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a pan of this agreement. • IN WITNESS WHEREOF,this agreematt has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY TRACTOR PIaIMriM an NONOwl..aa.inn...avowals ONONMnp•ant Department of Housing and Community Development Local Entity • BY(AUTHORED SCNATURE) BY(AUT/CRIED SIGNATURE) N D PRINTED NAME OF PERSON SGNNO PN.TED NAME AND TIME OF PERSON sIGNNO Lynda M. Kahn Name & title of contracted signator TIRE ADDRESS Acting Chief, Administration Division address,city,ap AMOUR ENCUMBERED BY Thal PRDORAMR,ATEGORY(CODE AND TITLE) FIND TIRE DepartmentGeneral SarNps DOCUMENT 1101 (20/Community Affairs) I or- 929 HAL use only $ — (OPTIONAL USE) • PRIOR AMOUNT ENCUMBERED FOR 2127/40059 THIS DOCUMENT $ — ITEM CHAPTER STATUTE FISCAL YEAR TOTAL AMOUNT ENCUMBERED To 2240622.929 27 1988 90.91 DATE OBJECT OF EXPENDITURE(CODE AND TITLE) 664731 Loans S— 'P Local Assistance 661701 Grants S— I l y certify upon my DWT)personal knowledge That budgeted funds IDA NO. B.R.NO. WO available to dee period and pwpase of the expenditure stared above. SIGNATURE OF ACCOUNTING OFFICER I DATE N 0 CONTRACTOR 0 STATE AGENCY 0 DEPT.OF GEN.SER. 0 CONTROLLER ❑ tO sips STANDARD AGREEMENC,,) U Local Entity Page 2 of 12 Pages 90-CHRP-O-0_ I. The Convactoragrees to indemrif y.defend and save hared;.,s the State.it,ol'i i,;r..;;_.•nt,_and;r.?.+• , any and all claims and losses a,Cruin• or resulting to an. ;u.:l all c•• •• laborers and any other person.urns or corporation furnishing or sun*.me •.c.•rk't tel:ids ntat:r ia:•:•: ,...... in connection with the performance of thiscontract,andfrom any and all claim:and loe>esac ring •r r• : • to any person,firm or corporation who may be injured or damaged be the Cu::;racwnn the p rGnuiar.,. . u> contract. 2. The Contractor,and the agents and employees of Contractor• in the Rerkr:nance of the agwent e:.:.,h,:!! an independent capacity and not as officers or employees or agents of Rate of California. • ?. Th:State may terminate this agreement and betclievedcattle payment afanycon.i,Ierati,'r:::•t ,•r:;ra:tor s':. •! Contractor fail to perform the covenants herein contained at the time and in the noon:r her:iu fn••::.:;d. : . event m such termination the State may proceed With the work in any manner deemed prop:r by the Sta::. , • cost to the State shall be deducted fmm any sum due the Contractor under this ag oeement.and the t • • any. shall be paid the Contractor upon demand. , • 4. Without the written consent ofthe State.this agreement is net assignable by Contractoreithenr. ..b ri:.s n•• .` •_' ,• . 5. Time is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed '•y the parties hereto,and no oral understanding or agreement not incorporated herein,shall he binding on any of the • parties hereto. . 7. The consideration to be paid Contractor, as provided herein, shall be in eompemation for all of C+rites.:. • expenses incurred in the performance hereof, including travel and per diem. unless others i.e . .pr;•'ly provided. Local Entity name Page 3 of 12 Pages 90-CHRP-O-0#2 • b. The State has approved the Contractor's eligibility for participation in the CHRP-O and has decided to enter into this Agreement with the Contractor according to the conditions hereinafter expressed. This Agreement incorporates and is subject to the laws and • regulations cited above and shall be governed by the laws of the State of California, both as to interpretation and performance. c. CHRP-O has been established in Health and Safety Code Div. 31, Part 2, Chapter 6.5 'Deferred-Payment Rehabilitation Loans" commencing with Section 50660. However, Health and Safety Code Section 50668.5 provides that the special conditions for CHRP- O loans set forth therein shall prevail over any conflicting provisions of Chapter 6.5 and the regulations adopted to implement the Deferred-Payment Rehabilitation Loan Program. CHRP-O is thus governed by Health and Safety Code Section 50668.5 and the regulations issued thereunder (the Regulations) as they may be amended from time to time by the • . State. Any question of conflict between the requirements of Health and Safety Code Section 50668.5 and the Regulations and the provisions of Chapter 6.5 not resolved by the Regulations or this Agreement shall be decided by the State at its sole discretion. Contractor agrees to seek the assistance and guidance of the State in resolving any questions of conflict. In the event of a conflict between this Agreement and the Regulations, the Regulations shall prevail. 8. Purpose CHRP-0 has been established to provide deferred-payment rehabilitation loans to owner occupants of substandard homes who would otherwise be unable to obtain sufficient public or private financing. The purpose of this Agreement is to provide CHRP-O funds in a specified amount to the Contractor for implementation of the Contractor's owner-occupied rehabilitation program as described in the Application. The Contractor hereby agrees to abide by the requirements of the Regulations and further agrees to perform all of the obligations imposed upon a local entity" by the Regulations. Toward this end, the Contractor agrees to solicit and approve local borrowers in accordance with the laws and regulations governing the CHRP-O and further agrees to expend all funds disbursed pursuant to this Agreement only for the purposes and in the amounts set forth in this Agreement and the aforementioned statutes and regulations. This Agreement is intended to supplement rather than supplant the provisions of the Regulations. 9. Amount and Method of Disbursement a. The State hereby agrees to disburse to the Contractor, or its authorized agent, funds not to exceed a maximum of $__ for purposes of making loans to eligible borrowers. b. The State further agrees to disburse a maximum of $ in the form of an "administrative grant". . Contractor shall utilize any such administrative grant funds disbursed pursuant to Agreement only for those purposes set forth in the Regulations. c. The total amount of funds to be disbursed pursuant to this Agreement shall not exceed atatai •U Cry. Local Entity name Page 4 of 12 Pages 90-CHRP-O-O#2 d. Borrower loan funds shall be disbursed by the State to the Contractor pursuant to the procedures and requirements of Section 8058 of the Regulations and this Agreement. If the Contractor is not certified to approve deferred payment loans, disbursement shall also be conditioned upon receipt of a complete loan file for each loan for which funds are being requested. A complete loan file must contain at a minimum copies of the documents listed in Regulations Section 8057(e)(1) as well as copies of an executed Loan Agreement, executed Promissory Note and executed Deed of Trust. e. Administrative grant funds shall be disbursed by the State to the Contractor on a loan- by-loan basis pursuant to the procedures and requirements of Section 8059 of the Regulations and the total grant amount.for each individual loan shall be the total cost of • •r' • loan processing less the amount of administrative funding received from sources other than CHRP-0, if any, but shall not exceed the maximum grant amount per loan set forth in the Regulations. f. Upon prior written approval of the State, the Contractor may be authorized to designate ',,• in writing a third party, including an escrow agent, as payee for any fund disbursement < . hereunder, provided however, that such designation shall not relieve the Contractor of its responsibility to ensure proper use of the funds. ' 10. Term • • The effective date of this Agreement is the date of execution by the State. This Agreement shall • terminate five (5) years from the date the last Notice of Completion is recorded against a property rehabilitated utilizing CHRP-O funds provided under this Agreement. 11. Contractor's General Responsibilities In addition to performing those obligations imposed upon a "local entity" by the Regulations, the Contractor shall be responsible for the following: a. In its administration of the local owner-rehabilitation loan program, the Contractor shall take every prudent action to ensure that the objectives and timeframes stated in this Agreement are met. The objectives and timeframes include the rehabilitation of units within _months of execution of this agreement. b. In addition, Contractor shall take every prudent action to ensure that the performance goals and timeframes set forth in Attachment "A" (which is attached hereto and incorporated herein) are met. c. The Contractor shall review and evaluate borrower loan applications pursuant to Section 8057 of the Regulations, recommend loans and borrowers to the State for funding and transmit copies of loan files for recommended loans to the State for loan approval. • • • u cep • Local.Entity name Page 5 of 12 Pages 90-CHRP-O-0#2 • d. As part of its loan evaluation process, in order to make the determinations required by • Section 8057 of the Regulations, the Contractor shall determine the borrower's existing monthly housing expense and shall further determine whether the requested CHRP-O loan cannot be financed by a loan from other sources without exceeding the borrower's ability to afford his/her/their housing costs. e. Prior to transmittal of copies of loan files to the State for loan approval, the Contractor • shall ensure that all documents required by the Regulations and this Agreement are included in the borrower's individual loan file. f. Upon loan approval and receipt of loan funds from the State, the Contractor shall be responsible for closing loans to individual borrowers. As part of this process, Contractor shall ensure that all required documents are properly completed and that the Deed of Trust, Notice of Default and Sale and a memorandum of rehabilitation loan agreement are recorded. •R^, g. The Contractor shall monitor all construction and inspect all rehabilitation work as needed prior to the release of anyprogress payments.. .. _ •• p gr p Contractor shall approve progress payments as provided in the construction contract. • h. Contractor shall comply with all of its obligations under each individual borrower loan • agreement. Breach of a borrower loan agreement by the Contractor shall constitute a breach of this Agreement. i. Within ten (10) days of completion of rehabilitation, Contractor shall ensure: 1) that the borrower executes a Notice of Completion; and 2) that said Notice is recorded. • 12. Governmental Clearances a. Contractor shall ensure compliance with local, State, or Federal laws, ordinances, and regulations applicable to proposed loans, rehabilitation and use of buildings rehabilitated utilizing the funds provided by this Agreement, including zoning ordinances, building codes, planning, historic preservation and environmental regulations. b. To the extent necessary, the Contractor shall satisfy the State that all of the requirements of the California Environmental Quality Act and any applicable local, State, or Federal historic preservation laws, regulations, or ordinances have been fulfilled and that appropriate permits from the California Coastal Commission have been obtained when required on local rehabilitation activities. c. The Contractor agrees that satisfaction of the requirements of this paragraph shall be preconditions to the closing and funding of all loans made with funds provided under this Agreement. • • Local Entity name Sr 90-CHRP-0-O#2 Page 6 of 12 Page; 13. General Terms of Use of Funds • In addition to the restrictions on the use of CHRP-O funds set forth in the Regulations, the Contractor shall abide by the following provisions: a. Contractor, in recommending loans for approval, shall ensure that the maximum loan amounts set forth in the Regulations are not exceeded except upon express written approval of the State.. b. Contractor, in recommending loans for approval and in its monitoring of the rehabilitation work, shall ensure that CHRP-O funds are used only for actual approved rehabilitation and repair costs and are not used for governmental administrative costs, overhead costs, • or other non-rehabilitation or non-repair costs in accordance with the Regulations. Contractor may" use its own funds or other funds, in addition to CHRP-0 funds, if necessary to complete any rehabilitation or repair activity. However, the marirnum CHRP- • O loan, plus other indebtedness against the property which is senior to the CHRP-O loan, shall not exceed 90 percent of the anticipated after-rehabilitation value of the property except upon express written approval of the State. • d. To the extent feasible, Contractor shall utilize CHRP-O funds in conjunction with Federal, • State, or other funds available for homeowner rehabilitation and/or repair. Contractor agrees to follow procedures established by the State to prevent CHRP-O funds from being used to finance repairs or rehabilitation costs already paid for by other Federal, State, local, or private sources of funds. • e. The Contractor agrees that, during the performance of this Agreement, Contractor and its subcontractors shall not deny the Agreement's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability. f. The Contractor agrees that, during the performance of this Agreement, Contractor and its subcontractors shall not discriminate due, in whole or in part, to the conditions, characteristics, or trends in the neighborhoodor geographic area surrounding a borrower's property, unless it can demonstrate that such consideration in the particular case is required to avoid an unsafe and unsound business practice. 14. Return of Funds In the event that a construction contract between the borrower of CHRP-O funds and the general contractor who will perform the rehabilitation work has not been executed within three months after disbursal of CHRP-O funds for that particular loan by the State to the Contractor, the loan funds for that specific borrower loan shall be returned to the State. 15. Terms of Loans to Borrowers • The term, maximum loan amount, interest and repayments of individual borrower loans approved or recommended for approval by the Contractor shall be as set forth in the Regulations. C Local Entity name Page 7 of 12 Pages 90-CHRP-O-O#2 sr 16. Promissory Note and Security a. Prior to transmittal of copies of loan files to the State for loan approval, the Contractor shall explain the terms and conditions of a CHRP-O loan and require the borrower to: • (1) Execute a Promissory Note naming the State as payee and execute a rehabilitation loan agreement with the Contractor, which shall be specifically assignable to the State. Each document shall be in a form determined by the State. (2) Execute a Deed of Trust approved by the State to secure said Note, which Deed shall specifically name the State as beneficiary. • (3) Obtain for all loans, at the expense of the borrower, a Preliminary Title Report, or an alternative acceptable to the State. • b. The Contractor shall place executed copies of the foregoing documents in the borrower's loan file and shall transmit copies of these documents as part of the loan file being . submitted to the State for approval. • c. Prior to lending funds received pursuant to this Agreement to individual borrowers, the • Contractor shall for each loan: • (1) Ensure that all required documents are properly completed, executed and, where appropriate, recorded; (2) Ensure that the combined total of the CHRP-O loan and all loans which are or will be recorded prior to the CHRP-O loan do not exceed 90 percent of the anticipated after-rehabilitation value of the secured property. (3) Obtain an estimate of the value of the property pursuant to the requirements of the Regulations; and (4) Obtain, at the expense of the Contractor or borrower, a title insurance policy acceptable to the State for the secured property in the amount of the CHRP-O loan: (5) Provide a Truth-In-Lending Disclosure Statement to borrower, where required by Federal law. d. After loan closing and prior to disbursement of the final contractor retention payment, Contractor shall ensure that the provisions of subsection (e)(3) of Section 8057 of the Regulations are satisfied. In addition, the title report update required by this subsection shall be issued not less than 35 days following the recording of the Notice of Completion. ( ll { • Local.Entity name Page 8 of 12 Pages, 90-CHRP-O-0#2 • e. The Contractor agrees to assign the rehabilitation loan agreement for each CHRP-O loan • to the State, on a form approved by the State. The Contractor shall include this assignment in the completed loan file which is to be transmitted to the State pursuant to Section 8057(h) of the Regulations. 17. Accounting Requirements a. Contractor agrees to deposit all borrower loan funds received under this Agreement and • any amendments thereto in a separate account, which shall include only CHRP-O funds, in an institution with deposits insured by the Federal or State government. b. The Contractor further agrees to establish on its books a California Housing Rehabilitation Program for Owner-Occupied Housing Loan Account. —`- c: The Contractor further agrees to maintain records that accurately and fully show the date, • !-• " • amount, purpose and payee of all expenditures drawn on said account. All records shall - i f,;,, be retained for three years after termination of this Agreement. ' d. The Contractor further agrees to utilize a system by which all expenditures .from said account will be authorized and documented. e. The Contractor further agrees to allow the State, on written request, to have reasonable • access to and the right of inspecting all records that pertain to said account and agrees to submit to an independent audit, if this should be requested by the State, at the expense • • of the Contractor. f. The Contractor further agrees to adopt program accounting procedures in order to ensure that Contractor's disbursals are properly expended by or on behalf of the borrower including establishing on-site inspections of rehabilitation and repairs, using progress payments to borrowers and contractors, and incorporating other procedures commonly used by a reasonable and prudent lender. 18. Reporting Requirements a. Contractor shall submit a performance report on a form as prescribed by the State not later than the first day of the month following the ninetieth (90th) day from the effective date of this Agreement and every three (3) months thereafter unless the State reasonably requires reports more often. As part of this performance report, Contractor shall include the dates that funds for loans to specific borrowers were disbursed by the State and shall further indicate whether or not the corresponding construction contracts between borrowers and general contractors performing rehabilitation work have been executed. For those loans for which a construction contract has been executed, the report shall also include the date of execution. b. Contractor agrees to grant the State permission, and to attempt to obtain the borrower's permission in each instance, to enter and inspect properties assisted with CHRP-O funds under this Agreement. Contractor further agrees to produce for inspection, upon • • Local.Entity name Page 9 of 12 Pages 90-CHRP-O-0#2 reasonable notice, all records of the Contractor relating to its performance under this Agreement. • c. Pursuant to Section 8057(h) of the Regulations, Contractor shall transmit a complete loan 1. file containing original documents to the State within 45 days following completion of. construction and disbursement of the final retention payment for each loan. The Contractor shall retain copies of all documents in the loan file of each loan for five (5) years after completion of the rehabilitation work and recordation of the notice of completion or three (3) years after the termination of this Agreement, whichever is longer. d. Contractor shall retain all other documents and records pertaining to its administration of the CHRP-O funds disbursed under this Agreement for a period of three (3) years after termination of this Agreement. -:'.--19. Borrower-Performed Rehabilitation An-individual borrower may perform all or part of the labor, or provide materials necessary to rehabilitate his or her property providing the requirements of the Regulations are met. Prior to recommending approval of the first CHRP-O loan utilizing borrower-performed rehabilitation • • activities, or prior to approval if Contractor has been certified to approve loans locally, Contractor shall submit for State approval the documentation and information required'by subsection (0(4) • of Section 8046 of the Regulations. 20. Certification and Decertification Pursuant to subsection (0(4) of Section 8057 of the Regulations (hereinafter "subsection (f)(4)"), the Contractor may apply and the State may certify the Contractor to directly approve deferred payment loan files. Any such certification by the State shall be governed by the requirements of subsection (0(4) and Contractor's performance under any such certification shall conform to the requirements of this same subsection. Any certification of Contractor also may be rescinded as provided for in subsection (O(4). 21. Hazardous Substance Procedures Upon written notice, the Contractor agrees to follow the State's hazardous substance procedures as presently in•effect or amended from time to time, including procedures dealing with property inspection, property valuation, management of hazardous substances and loan underwriting. The State and Contractor agree that such procedures shall not be applied to loans which have already received State approval (or Contractor approval if the Contractor has been certified to approve loans locally) prior to receipt of written notice from the State. Contractor also agrees that this Agreement may be amended to require additional documentation in each loan file relating to the identification, management, and/or allocation of risks associated with any hazardous substances which may be present on an individual borrower's property. U � • u Local Entity name Page 10 m$ 12 Pages 90-CHRP-O-O#2 22. Remedies for Default In addition to the provisions in the Regulations for cancellation of the State's connitment of funds and termination of this Agreement, the following shall also constitute the Star's remedies in the event of the Contractor's default under this Agreement: • a. In the event the Contractor, for any reason, is unable to proceed with the rehabilitation activities approved by the State, the State may declare this Agreement to.have been breached and shall be released from any further performance hereunder. • b. The Contractor shall have seven (7) calendar days from receipt of the State'swiaten notice of its intent to terminate this Agreement to appeal the termination decision to the Director of the Department of Housing and Community Development (hereinafter "the Director"). c Upon receipt of the Director's written final decision upholding any termination decision, the Contractor shall immediately transfer all loan files to the State. d. In addition to all of the documentation and information required to be iiduded in loan files by'the Regulations and this Agreement, for loan files transferred to the State pursuant • to this paragraph, Contractor also shall include a loan summary, in a form determined by the State, detailing the status of each individual loan application and rehabilitation work pursuant thereto, if any. e. In any event of default or breach, the State may recover all of its costs of enforcing this Agreement, including but not limited.to, attorney's fees. 23. Cancellation of Commitment of Funds a. The funds committed to the Contractor under this Agreement may be cancelled upon written notice and pursuant to Regulations Section 8061. In addition to the grounds set forth in the Regulations, the State may also cancel funds committed under this Agreement if the State determines, at its sole discretion, that such funds, or any portion committed hereunder, are not necessary for the Contractor's performance under this Agreement or any amendments thereto. b. Any written cancellation notice provided by the State shall, among other things, set forth the conditions and procedures to be followed by the Contractor for transferring all loan files in its possession to the State and for completing its obligations under this Agreement. The Contractor hereby agrees to abide by any such conditions and procedures. 24. Use of Consultants The Contractor may enter into subcontracts with private entities for services, such as loan document preparation or loan origination, upon written approval of the State. Any such subcontracts entered into by the Contractor must incorporate, or be amended to incorporate, the relevant portions of this Agreement with respect to subcontractor duties and responsibilities. Any failure by a subcontractor to perform services does not relieve the Contractor of any of its Local.Entity name Page 11 of 12 Pages 90-CHRP-O-O#2 obligations to perform under this Agreement. The Contractor shall be responsible for any breach • of performance by any subcontractor and/or consultant acting on behalf of the Contractor. • 25. Technical Assistance • In the event that the Contractor experiences difficulty in progressing with its performance under this Agreement for any reason, including difficulty in interpreting provisions of the Regulations or this Agreement, the Contractor agrees to promptly notify the State of the difficulty and to accept whatever technical assistance the State may be able to provide. ' 26. Nondiscrimination The Contractor agrees to comply with all the conditions required by the Nondiscrimination Cause, State of California Standard Form 17k which is identified as Attachment "B", attached hereto and made a part hereof. Furthermore, during the performance of this Agreement, the Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of a mental handicap. 27. NLRB Certification The Contractor warrants by execution of this Agreement and does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. • • . 28. Waiver • No waiver of any breach of this Agreement shall be held to be a waiver of any other breach or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein 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 any of the 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 said provisions. • 29. Assignment The Contractor shall not transfer by assignment, contract or novation, the performance of this Agreement or any part thereof without the prior written approval of the State. Local Entity name u Page IT of 12 Pages 90-CHRP-O-0#2 30. Severability . If any provision of this Agreement is held invalid by a Court of competent jutiaiction, such invalidity shall not affect any other provision of this Agreement, and the renSnder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed to be severable. 31. /niendment • This Agreement shall not be altered or amended except in writing, executed between the parties. No oral understanding or agreement not incorporated therein shall be binding at any of the parties hereto. 32. Special Conditions a. In addition to the general provisions of this Agreement, the Special Conditions, if any, to this Agreement shall be set forth in Attachment "C" and must be satisfied before the State ' will commit any funds hereunder. b. Satisfaction of the aforesaid special conditions must be in a manner specified by or acceptable to the State. 33. State Contract Manager The State Contract Manager for this Agreement is the Senior Program Manager for the California Housing Rehabilitation Program for Owner-Occupied Housing, Division of Community Affairs, Department of Housing and Community Development. All communications, required notices, and reports (unless otherwise notified in wilting) shall be addressed to the State Contract Manager as follows: Senior Program Manager California Housing Rehabilitation • Program for Owner-Occupied Housing Department of Housing and Community Development Division of Community Affairs P.O. Box 952054 • Sacramento, California 94252-2054 V 0 Local Entity Page 1 of 1 Page 90-CHRP-O-O ATTACHMENT "A" Performance Goals 1. Estimated percentage of very low-income households to be served: _ percent. 2. Estimated percentage of properties to be served which will contain three or more bedrooms: _ percent. Timeframes __.._•, The Contractor shall complete the program of assistance within _ months from the execution of the Standard Agreement. Local Entity '= ' r Page 1 of 1 Page p 90-CHRP-O-O . STATE OF CAUFORNIA STD 17*(Newvini ATTACHMENT "B" NONDISCRIMINATION CLAUSE (OCP - 1) 1. During the performance of this contract,contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition,marital status,age(over 40)or sex.Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Government Code, Section 12900 et seq.) and the applicable regulations promulgated • thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission • implementing Government Code,Section 12990,set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract 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. 2.This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.