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.