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:
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'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
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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.
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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
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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
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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)
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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
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