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HomeMy WebLinkAboutItem 8.1 Workforce Housing Reward Grant CITY CLERK File # D~~[Q1-~ 50 X,;"?o-2C AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 17, 2006 SUBJECT: Approval of a Resolution to enter into a Standard Agreement with the State of California to secure a Workforce Housing Reward Grant from the Department of Housing and Community Development. Report Prepared by: Jeri Ram, Community Development Director ATTACHMENTS: 1) Resolution authorizing execution of a Standard Agreement with the State of California to secure the awarded Workforce Housing Reward Grant funds and authorizing the City Manager to execute the Standard Agreement on behalf of the City of Dublin 2) State of California Standard Agreement for the City of Dublin to utilize the funds awarded through the Workforce Housing Reward Grant Program RECOMMENDATION: ~1) ~~ 2) Receive Staff Report; and Adopt Resolution authorizing execution of a State of California Standard Agreement for use of the previously awarded Workforce Housing Reward Grant funds and authorizing the City Manager to execute the Agreement on behalf of the City of Dublin. FINANCIAL STATEMENT: Executing a State of California Standard Agreement will allow for the City of Dublin to utilize the $363,955 awarded through the State Workforce Housing Reward Grant Program. DESCRIPTION: In May 2005 the State of California issued a Notice of Funding Availability (NOFA) for a Workforce Housing Rewards Grant Program that was available to cities that: 1) have a certified Housing Element; 2) have turned in the required Compliance Report for 2005; and, 3) have provided very low- and low-income housing in their communities. COPY TO: In House Distribution Page 1 of 2 0.1 ITEM NO. ~ K:\Housing Grants\ Workforce Housing Reward Grant 05\ WFHRP 2004\CCSR WHRP State Contract 06Finall 0-17-06.doc C;~ The City of Dublin has met the conditions required by the Grant and was awarded $363,955.00 from the State Department of Housing and Community Development. This money is earmarked for use in the construction of a new Community Center at Shannon Park. The State Department of Housing and Community Development is requiring execution of a Standard Agreement to secure the awarded Workforce Housing Grant funds. The attached Resolution authorizes the City of Dublin to enter into the Agreement and authorizes the City Manager to execute the Agreement as the authorized City representative identified in the City's Grant Application. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff Report; and 2) Adopt Resolution authorizing execution of a State of California Standard Agreement and authorizing the City Manager to execute the Agreement on behalf of the City of Dublin. Page 2 of2 RESOLUTION NO. XX - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******************************************** AUTHORIZING THE EXECUTION OF A STANDARD AGREEMENT TO SECURE A WORKFORCE HOUSING REWARD GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO EXECUTE IN THE NAME OF THE CITY OF DUBLIN THE STANDARD AGREEMENT AND RELATED DOCUMENTS WHEREAS, funding for the Workforce Housing Reward Grant has been made available pursuant to the Housing and Emergency Shelter Trust Fund of 2002 (Proposition 46); and WHEREAS, City has submitted an application in response to the Application Package released December 2005 by the Department for the Workforce Housing Reward Grant; and WHEREAS, the City of Dublin has received notification that upon signature of the Standard Contract, the City will receive grant funds in the amount of$363,955.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City authorizes execution of a Standard Agreement with the State of California, Housing and Community Development Department for participation in the Workforce Housing Rewards Grant and will use the funds for allowable capital assets as identified in Exhibit A of the Agreement. The application in full is incorporated as part of the Agreement and any and all activities funded, information provided, and timelines represented in the application are enforceable through the Agreement. The City hereby agrees to use the funds for eligible capital assets in the manner presented in the application as approved by the Department and in accordance with the NOF A and Program Guidelines and Application Package for participation in the Workforce Housing Reward Grant Program; and BE IT FURTHER RESOLVED that the City Council of the City authorizes the City Manager and/or his designee to execute in the name of the City of Dublin the Standard Agreement of the State of California, Housing and Community Development Department Program. PASSED, APPROVED AND ADOPTED this 17 th day of October, 2006 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk K:\Housing Grants\Workforce Housing Reward Grant 05\ WFHRP 2004\CCReso AuthorizIng CM on docs 1 0-17 -06.doc \0-\'1-0(0 cg.1 Attachment 1 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) ~ l1'b It.\- AGREEMENT NUMBER 05-WFH-102 REGISTRATION NUMBER N/A 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 Dublin 2. The term of this Agreement is: 3. The maximum amount of this Agreement is: 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. Upon HCD Approval through June 30, 2009 $ 363,955.00 Exhibit A - Authority, Purpose and Scope of Work 2 page( s) Exhibit B - Budget Detail and Payment Provisions 2 page( s) Exhibit C - HCD General Terms and Conditions 2 page(s) Exhibit D - State of California General Terms and Conditions 6 page( s) Exhibit E - Special Terms and Conditions N/A page( s) Exhibit F - Additional Provisions N/A page( s) TOTAL NUMBER OF PAGES ATTACHED: 12 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 Dublin BY (Authorized Signature) DATE SIGNED(Do not type) ~ PRINTED NAME AND TITLE OF PERSON SIGNING . ADDRESS 100 Civic Plaza Dublin, CA 94568 STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development BY (Authorized Signature) DATE SIGNED(Do not type) P'\ PRINTED NAME AND TITLE OF PERSON SIGNING Susan J. Phillips, Manager, Budgets and Contracts Branch [8] Exempt from: Department of General Services ADDRESS Approval 1800 Third Street, Room 350, Sacramento, CA 95814 Attachment 2 City of Dublin 05-WFH-102 Page 1 of 2 EXHIBIT A Authority, Purpose and Scope of Work 1. Authority Pursuant to Chapter 3.8 of Part 2 of Division 31 of the Health and Safety Code, commencing with Section 50550, as added by Section 2 of Chapter 482 of the Statutes of 2002, the State has established the Workforce Housing Reward Program (the "Program"). This Agreement is entered into under the authority of, and in furtherance of the purposes of, the Program as set forth in Health and Safety Code Section 50550. Pursuant to Health and Safety Code Section 50550.1, known as the Workforce Housing Reward Program, the State has issued a Notice of Funding Availability and Guidelines (NOFA) governing the Program. 2. Purpose In accordance with the authority cited above, the Contractor has applied to the State for financial assistance in the form of a Grant from the Program (the "Grant"). The State has agreed to make the Grant, as a financial incentive based on the issuance of building permits, for housing units affordable to very low and low-income households by the Contractor pursuant to the terms of the NOFA. Based on the representations made in the Contractor's Application, which is hereby incorporated as if set forth in full, the State shall provide a Grant in the amount shown below for the purpose of paying for the capital improvement(s). The State and the Contractor have agreed to enter into this Agreement in accordance with the terms and conditions herein, subject to all the provisions of the applicable statutes, the NOFA, and further subject to the State laws and requirements governing State contracts. 3. Scope of Work . Reconstruction of the Shannon Community Center City of Dublin 05-WFH-102 Page 2 of 2 EXHIBIT A Authority, Purpose and Scope of Work 4. Terms No work performed prior to the effective date or after the termination or expiration date of the contract is to be funded. The effective date of this Agreement is the date upon which it is executed by the State after execution by the Contractor. All projects must be identified and encumbered no later than June 30, 2007. All funds must be requested from the Department no later than May 30, 2009. For the purpose of this agreement, no funds will be disbursed which have a request dated after May 30, 2009. It is the responsibility of the Contractor to monitor the project and timeliness of draws within the specified dates. 5. Amount of Grant The total amount of this Grant is $ 363,955.00. City of DUblin 05-WFH-102 Page 1 of 2 EXHIBIT B Budget Detail and Payment Provisions 1. Allowable Uses of Grant Funds Grant funds shall only be used for projects approved by the State that involve the construction, rehabilitation and/or acquisition of capital assets as defined by Government Code, Section 16727(a) that benefit the community within the Contractor's jurisdiction. Capital assets include tangible physical property with an expected useful life of 15 years or more, equipment with an expected useful life of two years or more, or major maintenance, reconstruction, demolition for purposes of reconstruction and/or retrofitting work. Incidental expenses shall not be paid by Grant funds unless they are directly related to the construction or acquisition of an eligible capital asset. Such expenses include costs associated with planning, engineering, construction management, environmental impact reports, appraisals, site acquisitions or necessary easements. Grant funds shall not be expended for the administrative costs of persons directly e01ployed by the Contractor or for other "soft" costs that are not directly related to the construction or acquisition of capital assets. 2. Work to be Performed Contractor shall take such actions, pay such expenses and do all things necessary to complete the work specified in Exhibit A in accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement. 3. Fiscal Administration A. Term: The effective date of this Agreement is the date upon which it is - executed by the State after execution by the Contractor. All funds must be encumbered by the Contractor by June 30, 2007. This Agreement shall terminate no later than June 30, 2009, by which date the Contractor must have expended all Grant funds. B. The Contractor shall make any and all request(s) for disbursement no earlier than 90 days from the anticipated need for the funds, using the forms provided by the State. The forms are available at http://www.hcd.ca.qov/fa/whrp. The Contractor shall expend the funds within 90 days from the date of receipt from the State, or by June 30, 2009, whichever occurs earlier. C. Failure to expend contract funds in a timely manner may affect future funding under this Program. City of Dublin 05-WFH-102 Page 2 of 2 EXHIBIT B Budget Detail and Payment Provisions D. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest bearing checking or savings account, or the State may require the Contractor to deposit all Grant funds into a segregated account in an institution whose deposits are insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for allowable, Program purposes and accounted for to the State. All funds not expended within 90 days of receipt shall be returned to the State with accrued interest. E. The Contractor shall make a good faith effort to minimize the number of disbursement requests to the State by anticipating and requesting in advance the maximum amount of funds that can be expended within the 90 day time frame. F. The Contractor shall inform the State within a reasonable amount of time in the event that expenditures related to an authorized project(s) are less than the total Grant award. The Contractor may expend the balance of Grant funds on additional capital assets projects, upon written State approval. Contractor shall provide the State with a letter of request that describes the additional project(s) to be funded. G. The Contractor shall immediately inform the State, no later than September 1, 2008, if it is anticipated that the Contractor will not be able to expend all Grant funds by June 30, 2009. H. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the - allowability of expenditures charged to Grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shall determine the reimbursement method for the amount disallowed. The State's determination of the allowability of any expense shall be final, absent fraud, mistake or arbitrariness. I. Any unexpended funds remaining at the end of the contract period or termination date must be returned to the State with accrued interest. Checks shall be made payable to the Department of Housing and Community Development (HCD) and shall be mailed within thirty (30) days of the contract termination or expiration date. City of Dublin 05-WFH-102 Page 1 of 2 EXHIBIT C HCD General Terms and Conditions 1. Report ReQuirements During the term of the agreement, the Contractor shall submit the following reports by the deadlines specified, or as otherwise required at the discretion of the State. A. The contractor shall submit bi-annual reports to the State 30 days after June 30th and December 31st of each year during the term of the agreement, for as long as the Contractor has not expended all Grant funds. The bi-annual report shall contarn (1) the progress the Contractor has made in completing the approved projects partially or wholly funded by the Grant, including a description of the community benefit, (2) the amount of Grant funds drawn down and expended to date by the Contractor, and (3) a description of projects completed. The Contractor should use the forms provided by the State. The forms are available at http://www.hcd.ca.qov/fa/whrp . B. Upon complete expenditure of the Grant funds, the Contractor shall submit a Final Report in a manner satisfactory to the State. The Final Report shall be submitted to the State within 60 days of the final Grant funds being expended or by August 30, 2009, whichever date is sooner. The final report shall contain (1) a description of the final capital assets constructed or purchased with the Grant funds, and (2) the number of certificates of occupancy issued in relation to the number of building permits issued in program year. The Contractor shall use the forms provided by the State. The forms are available at http://www.hcd.ca.qov/fa/whrp. 2. State Coordinator The coordinator of this Agreement for the State is the Program Manager for the Workforce Housing Reward Grant Program, Division of Housing Policy Development. Any notice, report, or other communication required by this Agreement shall be mailed first class to the State Coordinator at the following address: Department of Housing and Community Development Division of Housing Policy Development 1800 3rd Street, Room 430 P.O. Box 952053 Sacramento, California 94252-2053 Attention: WFH Program Manager City of Dublin 05-WFH-102 Page 2 of 2 EXHIBIT C HCD General Terms and Conditions 3. Audit/Retention and Inspection of Records 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 Public Contract Code section 10115 et seq., Government Code section 8546.7 and Title 2, California Code of Regulations, section 1896.60 et seq. Contractor further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. Contractor shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in Public Contract Code section 10115.10. 4. Special Conditions The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved. 5. Prevailing Wages A. Where funds provided through this Agreement are used for construction work, or in support of construction work, Contractor shall ensure that the requirements of Chapter I (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 purpose of this requirement "construction work" includes, but is not limited to rehabilitation, alternation, 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 the properly licensed building contractor incorporating these requirements (the "construction contractor"). 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". 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. City of Dublin 05-WFH-102 U Page 1 of 6 (Rev. 10/05) EXHIBIT D State of California General Terms and Conditions 1. Approval This Agreement is of no force and effect until signed by both parties. 2. Amendment No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. AssiQnment This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. Indemnification 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. City of Dublin 05-WFH-102 - U Page 2 of 6 (Rev. 10/05) EXHIBIT 0 State of California General Terms and Conditions 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. Governina 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 City of Dublin 05-WFH-102 .U Page 3 of 6 (Rev. 10105) EXHIBIT 0 State of California General Terms and Conditions B. Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of al/ employees and is providing the names of al/ new employees to the New Hire Registry maintained by the California Employment Development Department. 12. Severability In the event that any provISion of this Agreement is unenforceable or held to be unenforceable, then the parties agree that al/ other provisions of this Agreement 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.) City of Dublin 05-WFH-102 U Page 4 of 6 (Rev. 10/05) EXHIBIT D State of California General Terms and Conditions 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. 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). City of Dublin 05-WFH-102 "'V Page 5 of 6 (Rev. 10/05) EXHIBIT 0 State of California General Terms and Conditions 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 CodelWorkers' Compensation Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code section 3700) 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. 8. "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. City of Dublin 05-WFH-102 U Page 6 of 6 (Rev. 10105) EXHIBIT D State of California General Terms and Conditions 19. Resolution A county, city, or city and county must provide the State with a copy of a resolution 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.) 23. Domestic Partners For contracts executed or amended after July 1, 2004, the contractor may elect to offer domestic partner benefits to the contractor's employees in accordance with Public Contract Code section 10295.3. However, the contractor cannot require an employee to cover the costs of providing any benefits which have otherwise been provided to all employees regardless of marital or domestic partner status.