AmeriNational Community Services Inc (2012) PROFESSIONAL SERVICES CONTRACT
This contract is entered into this /5 day of July, 2012 by and between the City of
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:
CONTRACT PROVISIONS
LAWS GOVERNING THIS AGREEMENT:
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.
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 Vioii
through 6/30/2013. 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 One
Thousand Three Hundred dollars ($1,300.00), based on a fee of One
Hundred Thirty dollars ($130.00) per escrow account, for the first ten (10)
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:
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. COUNTY LOBBY CERTIFICATION
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.
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.
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. 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: Die 2./, , 2012 Signature: ,;.,A
Printed Name: //0/ll£nffl/C 72e/fig
Title: el?' C1- A
Dated: J tar Z4' , 2012 Signature:
Printed Name: 1liJjG� Z ,E',etl
Title: Aeff/PeAlr/efeci
AMERICAN BANK OF ST. PAUL
("CONTRACTOR")
Dated: , 2012 Signature: d4zeiow
Printed Name: lG- ` .f�/rV
Title: dieC6W
CITY OF RANCHO PALOS VERDES
("CITY")
Dated: TL1LV 3 1 , 2012 By: adt -ttk
City Manager
ATTEST:
ity Cle
ev,40,0,m,..NsT4c4,34% Community Development Commission
Art1h County of Los Angeles
No
1. � . .° COUNTY LOBBYIST T CODE CHAPTER
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-_:_i-/. CO ORDINANCE NO. 93-0031
CALROP
CERTIFICATION
AmeriNational CommunityServices7/24V/2,
Name of Firm: Date:
Address: 8121 East Florence Avenue, Downey
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 County of Los Angeles and the Community Development Commission, County of Los Angeles:
1) 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 2.100, (Los Angeles County
Ordinance 93-0031) and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will
comply with the County Code, and;
3) 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 above 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:
Name: Adrienne Thorson Title: Chairperson & CEO
Signature: d I- .
772--V/,Date: