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15-0727_AMERINATIONAL COMMUNITY SERVICES, INC_Amd #1 toPersonal Services AgreementAMENDMENT #I TO PERSONAL SERVICES AGREEMENT BY AND BETVVEEN THE ClTY OF SAN JUAN CAPISTRANO AND AMERINATIONAL COMMUNITY SERVICES, INC. \ ' TIUS AMENDMENT is entered into as of the day of \lJ,u\ , 2015, by and between the City of San Juan Capistrano, (hereinafter theo)"City) 1 and AmeriNational Community Services, Inc., a corporation organized and existing under the laws of the State of Minnesota, (hereinafter "Contractor"), and Farmers State Banlc of Hartland (hereinafter the HBank"). PURPOSE: This document constitutes the first amendment to the Personal Services Agreement between the City and Contractor dated May 30, 2013 (hereinafter "Agreement"). TERMS AND CONDITIONS All provrsrons of the Agreement shall remain in full force and effect, with the following exceptions: L The City expressly acknowledges that American Bank is no longer a party to this agreement, is not a part of the "Contractor" and has no further obligations under this agreement 2. The agreement shall be amended so that the term "Contractor" shall mean AmeriN ational. 3. AmeriNational hereby assigns to the Bank the duty to perform all of the tasks related to the Funds Disbursement service, including but not limited to Exhibit A of the Agreement, and assigns to the Bank all right of payment for said tasks. 4. The Batlk hereby accepts said assignment and promises to perform all of the tasks described below in Exhibit A to this Amendment #1. 5. The City hereby assents to said assignment and promises to pay to the Bank any and all surns due under the Agreement, relative to the tasks described belovv in Exhibit A to this Amendment # 1, to the Banlc IN WITNESS WHEREOF, the City, and AmeriNational, and the Bank have executed this Amendment #1 to the Agreement to be executed as of the date first hereinabove set forth. (Signatures on the follow in[; page) BY: Adrienne Thorson, CEO/CFO Farmers State Bank of Hartland BY:~~~·-h~~·~·~~····-·-·~~~-----­ Mark Heinemann, President/CFO ATTEST: /\1( . ~r~~ Morris, APPROVED AS TO FORM: Ut~futlc. u) ~L( ~Jeff Ballinger, City Attorney DATE: DATE: Z. b-1> Fund Disbursement Services EXHIBIT A SCOPE OF WORK Total project/loan/grant proceeds are forwarded to Bank and held in trust for disbursement of funds according to the City's requirements. Bank shall deposit the funds into a custodial trust account and is a FDIC insured bank. A fast turnaround of stage payments ensures delivery of checks back to the City or directly to payees is made within 48 hours of request. When requests are made by 12:00 p.m. noon Central Time (CT), the check will be cut the same day. The funds disbursement services will be based on the following detailed steps: 1. Opening Account: Upon project/loan/grant approval, Bank will open a disbursement account that includes respective project/loan/grant information. The City will then forward project/loan/grant proceeds and completed Control Instructions to Bank. The Control Instructions should include the following information: a. Project/Owner(s) name b. Contractor(s) c. Project/Job site address d. Amount of funds being held e. Instmctions on how funds are to be disbursed f. Original signatures of Project/owner and City representative 2. J)is_l:mrscJ1lCJ:l(J~roccs~: When requested by the City. Bank will provide check disbursements to parties designated by the City in connection with the project/loan/grant. Such disbursements arc outlined in an Authorization for Payment, which includes in f(mnation regarding the amount of the disbursement. the parties to be paid. signatures of City representatives authorized to make disbursements, and the Project/Owner's authorizing signatures. Bank will verify proper authorization to disburse fl.mds and that ammmts are correct and in agreement with original Control Instructions and Authorized Signatures. All checks shali be sent to the City, unless otherwise directed by the City. Checks vvill be issued payable to the contractor, or other payees as directed by the Client. Funds will be disbursed hom the Client's account the same day when the request is received by 12:00 p<m. noon CL Requests received after 12:00 p<nr noon CT arc processed the next business day <' ContinLZcncy: Additional Jlmds may be added to a project in anticipation of unf(Jreseen construction costs. Bank will hold contingency at the City's request and release funds upon receipt of an Authorization f(Jr Payment. This process is subject to the City's llnancial policies and procedures. 4. RecordinLZ t[;_<: Notice oL~;pmpletirm: As applicable, after the City·s final inspection on a project, a Notice of Completion is executed hy the horrowcr and f(mvarded to Bank for recording with the appropriate County Recorder. Bank shall mail the Notice of Completion by ccrti f!cd mail within two (2) business days after receipt. 5. Account Close_Out: After payout of all funds in the account excess tl.mds will be disbursed according to the City's instructions. Bank will forward a Final Closing Statement to the City, comprising a complete record of all transactions in one report. Bank will also forward a copy of the report to the borrower for their records, if requested by the City.