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AmeriNational Community Services Inc (2013) I ► PROFESSIONAL SERVICES CONTRACT 402of n 2013 byand between the Cityof This -Or"' contract is entered into this day June, Rancho Palos Verdes located at 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, and AmeriNational Community Services, Inc., a corporation organized and existing under the laws of the State of Minnesota, along with its parent company American Bank of St. Paul, located at 217 South Newton Avenue, Albert Lea, MN 56007, hereinafter referred to as the "Contractor", and is made with reference to the following agreements: RECITAL Whereas, Contractor represents that it is qualified to perform services under this Agreement through its parent company, American Bank; and the City of Rancho Palos Verdes, a participant in the Community Development Block Grant (CDBG), funded by the United States Department of Housing and Urban Development (HUD), requires that the Contractor comply with all standard CDBG regulations. AGREEMENT NOW, THEREFORE, in consideration of the forgoing recitals and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. STATEMENT OF WORK AmeriNational will provide the following scope of service through its parent company, American Bank. Accordingly, these entities hereinafter are referred to as "Contractor". The Contractor shall perform all duties from 7/1/2013 through 6/30/2014. Contractor agrees to accomplish the following work: The provision of construction fund disbursement (escrow) services for the Community Development Block Grant (CDBG) funded program, which is the Home Improvement Program. Contractor shall provide monthly accounting statements summarizing the status and activity for all funded escrow accounts. Contractor shall also maintain records of all accounts established under this contract for a period of five (5) years from the closing of the account. 2. PAYMENT The agency agrees to pay the contractor a total sum not to exceed Seven Hundred and Eighty dollars ($780.00), based on a fee of One Hundred Thirty dollars ($130.00) per escrow account, for the first six (6) clients, including maximum check disbursement of six (6) per account, and an additional Twenty Five dollars ($25.00) fee for escrow fund amount modification, if necessary, on each account. A Ten dollar ($10.00) fee will be assessed for each additional check after the maximum of 6 disbursements per account, plus outside costs, including but not limited to recordation charges. Payment shall be as follows: 6/17/13F:1AmeriNational Community Services Inc agreement SK.DOC 'Wage Payment for services provided will be included within each funded construction fund disbursement account. 3. BENEFITS Contractor will not be eligible for any paid benefits for federal, social security, state workers' compensation, unemployment insurance, professional insurance, medical/dental, or fringe benefits offered by the City of Rancho Palos Verdes. 4. TRAVEL/EXPENSES Any reimbursement must be pre-authorized and shall be based upon the approved rates of L.A. County Auditor-Controller. 5. AUDIT OR EXAMINATION Contractor shall keep records of funds received from the City of Rancho Palos Verdes and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters are closed (24 CFR Part 84, Sec. 84.55) 6. CONFLICT OF INTEREST Contractor agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and contractor shall comply with all applicable federal, state and county laws and regulations governing conflict of interest, in accordance with 24 CFR Part 84, Sec. 84.42. 7. POLITICAL ACTIVITY/LOBBYING CERTIFICATION Contractor may not conduct any activity, including any payment to any person, officer, or employee of any agency or member of Congress in connection with the awarding of any federal contract, grant, or loan, intended to influence legislation, administrative rule-making or the election of candidates for public office during time compensated for under representation that such activity is being performed as part of the contract responsibility. 8. LOBBY CERTIFICATIONS It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-003) and; that all persons/entity/firms acting on behalf of the above name firm have and will comply with the County Code, and; that any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified there from and denied the contract and, shall be liable in civil action, if any lobbyists, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. (a) The County Lobbyist Code Chapter 2.160 County Ordinance No. 93-0031 Certification is attached hereto as Exhibit "A" and 6/17/13F:\AmeriNational Community Services Inc agreement SK.DOC 2IPaqe incorporated herein by this reference. CONSULTANT shall complete and file this Certification as required. (b) The Federal Lobbyist Requirements Certification is attached hereto as Exhibit "B" and incorporated herein by this reference. CONSULTANT shall complete and file this Certification with the CITY. 9. NON-DISCRIMINATION Executive Order 11246 requires that during the performance of this Contract, the consultant agree not to discriminate against any employee or applicant for employment because of race, religion, sex, color, or national origin. Such action shall include, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the consultant setting forth the provisions of this nondiscrimination clause. 10. SECTION 3 REQUIREMENTS Section 3 of the Housing and Urban Development Act of 1968, as amended, as U.S.C. 1701 et. Seq., requires that to the greatest extent feasible, opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located in, or owned in substantial part, by persons residing in the area of the project. 11. CIVIL RIGHTS ACT OF 1964 Contractor shall comply with the provisions of Title VI of the Civil Rights Act of 1964 which provides that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 12. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Contractor shall comply with the provisions of Section 109, Title I of the Housing and Community Development Act of 1974, which provides that no person shall, on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. 13. PROHIBITION OF AGE DISCRIMINATION Prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified individual, as provided in Section 504 of the Rehabilitation Act of 1974, shall also apply to any such program or activity. 6/17/13F:\AmeriNational Community Services Inc agreement SK.DOC 31Pag 14. TERMINATION This Contract may be terminated by mutual consent of both parties, or by either party upon thirty (30) days written notice and delivered by certified mail or in person. (24 CFR Part 84, Sec. 84.60) 15. COMPLIANCE WITH THE LAW In the performance of this Contract, CONSULTANT shall comply with all applicable provisions of local, State and federal laws, rules and regulations. 16. CONTRACTOR'S WARRANTY OF COMPLIANCE WITH COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM. The Contractor acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Contractor qualifies for an exemption or exclusion, the Contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Contract will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009- 0026 and codified at Los Angeles County Code, Chapter 2.206. Failure of the Contractor to maintain compliance with the requirements set forth in the "COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM" shall constitute default under this Contract. Without limiting the rights and remedies available to the City under any other provision of this Contract, failure of the Contractor to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this contract pursuant to the County's Defaulted Property Tax Reduction program found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. AMERINATIONAL COMMUNITY SERVICES, INC. ("CONTRACTOR") Dated: 2013 Signature: Printed Name: MieW/Vr / fØ/t/ Title: /e k Dated: ��/7 13 , 2013 Signature: Printed Name: /UIf TU(5 Title: ftex/oewi/coO 6/17/13F:\AmeriNational Community Services Inc agreement SK.DOC 4IPage, AMERICAN BANK OF ST. PAUL ("CONTRACTOR") Dated: (74 , 2013 Signature: Printed Name: Title: S / [rie 'T CITY OF RANCHO PALOS VERDES ("CITY") Dated: ea , 2013 By: OjiAdiet aidAY City Manager ATTEST: By: City Clerk 6/17/1 3F:\AmeriNational Community Services Inc agreement SK.DOC 5l1 ne Exhibit "A": Community Development Commission County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm: AmeriNational Community Services, Inc. Address: 8121 East Florence Avenue State: CA Zip Code: 90240 Telephone Number ( 562) 927-6686 Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles. It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and; That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; That any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: Adrienne Thorson By: (Contractor/Subcontractor) (Signature) / CEO (Date) (Title) 6/17/13F:\AmeriNational Community Services Inc agreement SK.DOC • Exhibit "B": FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: AmeriNational Community Services, Inc. Date: Address: 8121 East Florence Avenue State: CA Zip Code: 90240 Phone No.: (562) 927-6686 Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: 1. No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2. If any funds other than Federal appropriated funds have paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and: 3. The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Name: Adrienne Thorson __....Title: CEO Signature: Date: 41?? Federal Lobbying Requirements Certification Form 6/17/13F:\AmeriNational Community Services Inc agreement SK.DOC 71Pa e