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AGREEMENT FOR GOVERNMENT BANKING SERVICES (2)Agreement for Government Banking Services This Agreement for Government Banking Services (the "Agreement") is made as of this ea day of May, 2010, between City of Clearwater (the "Client") and Bank of America, N.A., a national banking association. WHEREAS, Client issued a Request for Proposal ("RFP") more fully identified below, for providing banking services identified in the RFP (the "Services"): RFP # 27-05, dated May 2, 2005; and WHEREAS, the Bank was the successful bidder under the RFP, having submitted its bid response dated June 1, 2005 (the "Bid Response"); and WHEREAS, the parties wish to enter into this Agreement for the purpose of specifying the term and constituent documents of the agreement between Client and Bank regarding the Services; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the parties hereby agree as follows: Integrated Agreement. The entire and integrated agreement between Client and Bank related to the Services shall consist of this Agreement, Bank's Treasury Terms and Conditions Booklet in connection with the Services (including their respective user documentation and set-up forms), Bank's Bid Response and Client's RFP as modified by the Bid Response. In the event of conflict among any of the preceding documents, such documents shall govern in the following order of precedence: (1) this Agreement, (2) Bank's Treasury Terms and Conditions Booklet (including user documentation and set-up forms), (3) the Bid Response and (4) the RFP. The integrated agreement supersedes all prior negotiations, representations, statements and agreements, whether written or oral, regarding the Services. 2. Commencement of Performance. Except as otherwise agreed by the parties, Bank shall begin performing each Service upon execution and delivery of this Agreement, the pertinent service-level agreement and the related set-up forms. Bank shall continue to perform such Services during the term of this Agreement. 3. Term. This Agreement is for an initial term of five (5) years commencing October 1, 2010. The Agreement may be extended by mutual consent of the parties as set forth in the RFP. 4. Notices. Except as may otherwise be specified in the applicable service-level agreement or set-up form, notices to Client and Bank shall be sent to the addresses set forth below: Client: Finance Department City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Bank: Bank of America 101 E. Kennedy Boulevard Tampa, Florida 33602 Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. In witness whereof, the parties have executed this Agreement as of the date first written above. CITY OF CLEARWATER [Client Name] By: [Signature] Name: [Type or Print] Title: [Type or Print] BANK OF AMERICA, N.A. By4 AY ,, a [Signature] Name: Sheen Burd [Type or Print] Title: Senior Vice President [Type or Print] By: [Signature] Name: [Type or Print] Title: [Type or Print] By: [Signature] Name: Glenna Thompson [Type or Print] Title: Vice President [Type or Print] 2 City of Clearwater signature page for Agreement for Government Banking Services Bank of America, N.A. Countersigned: Frank V. Hibbard Mayor Approved as to form; ?kl Pamela K. Akin City Attorney CITY OF CLEARWATER, FLORIDA By: :Gtr o r. am B. Horne II City Manager Attest: Cynthia E City Clerk Bankof America Deposit Account Documentation APO. Signature Card Date: Select One: ? New Account ? Update (Add/Delete) Signers Reference Account Number: 001260030758 ORGANIZATION LEGAL NAME: City of Clearwater TYPE OF BUSINESS (CHECK ONE): STATE OF FORMATION: (We may require that you provide copies of your company Charter or formation documents ORGANIZATION TRADE NAME (dba): ? Corporation ? Limited Partnership . ? Limited Liability Partnership DESCRIPTIVE ACCOUNT TITLE: Consolidated Cash Account ® Government Authority/ Agency: Limited Liability Company ? Manager Managed ? Member Managed =Q Sole Member El ? Joint Venture ? Sole ? Agency Account - Proprietorship type: ADDRESS FOR STATEMENT: 300 Cleveland St., Clearwater, FL 33755.4001 ? General Partnership ? Unincorporated Organization or ? Other-type: Association PROPERTY MANAGEMENT ACCOUNTS MUST BE ACCOMPANIED BY APPROPRIATE OWNER AND AGENT INDEMNITIES AND PROPERTY MANAGEMENT ACCOUNT SUPPLEMENT. Use this Employer Identification Number for this account Name of legal entity whose E.I.N. is listed to the left 5 9 - 6 0 0 0 2 8 9 City Of Clearwater AGREEMENT, TAX INFORMATION CERTIFICATION and AUTHORIZATION You begin or continue a deposit account relationship with us by giving us information about your business and by signing this Agreement. The deposit agreement we give you is part of your agreement with us regarding use of your account and tells you the current terns governing your account. We may change the deposit agreement at any time and will inform you of changes that affect your rights and obligations. By signing below, you acknowledge receipt of the deposit agreement. The deposit agreement includes a provision for alternative gillapgits By signing below, you authorize each person who has signed in the Designated Account Signer section below to operate any account opened under this signature card now or in the future. The authority to operate an account includes: authority to sign decks and other items and to give us other instructions to withdraw funds; to endorse and deposit checks and other items payable to or belonging to you to the account; and, to transact other administrative business relating to the account, including dosing the account. If you wish to restrict a designated signers authority to check signing you must indicate that by checking the box to the left of their name. We may rely on this authorization for any account opened under this signature card until we receive written notice revoking the authorization at the office where we maintain the account, and we have a reasonable time to act upon such it. By signing below, you certify under penalty of pejury that 1) the employer identification number listed above for this organization is oorrect,- 2) that the organization listed above is a US person, and 3) the organization listed above is not subject to backup withholding because: (a) the organization is exempt from back-up withholding, or (b) has not been notified by the Internal Revenue Service (the IRS) that it is subject to back up withholding as a result of failure to report all interest or dividends, or (c) the IRS has notified the organization that it is no longer subject to backup withholding, (Cross out item 3 above If you have been notified by the IRS that you are currently subject to backup withholding for failure to report Interest or dividends.) If the organization listed above is a foreign entity use the applicable Form W-8 (for additional information please see IRS Pub 515 Withholding of Tax on Non- Resident Aliens or Foreign Entities). The term "United States person" means: A citizen or resident of the United States, a partnership created or organized in the United States or under the law of the United States or of any State, a corporation created or organized in the United States or under the law of the United States or of an State or an estate or trust other than a foreign estate or foreign trust. By signing below, this organization hereby agrees to be bound to the above Agreement, Tax Information Certification and Authorization. Further, any person signing this Agreement for the Organization certifies that they are duly authorized to do so as evidenced by attached banking resolution/contract for deposit mon LA -1 gf Mp ..A E! FMB A P b 'c nds only) o existing banking resolutions/contract for depgs n@yl (C li dg 2flly) on file with us. _ _ The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. By: ger ype or rint Namerritle of Authorize igner signature By: Margaret L,_ Simmons, Finance Director r?Lon_J -lipe or Print Namerntle of Authorized Signer Signature DESIGNATE D ACCOUNT SIGNERS use supplemental ee as needed for additional signers) Check Add/Del Si nin Only Signer A1D Name Title Signature ? William B Horne City Manager me 4? ry ?.(nJ,u?ack?9t ? Margaret L. Sic Finance Dire s _ for -? _. l ? Brian J Ravins i sst, Finance rector-44a;=6??:Z' ® Supersede Existing Signature Card BANK USE ONLY: Bank Number: 075 THIS DOCUMENT MUST BE PROCESSED BY THE BANK OF AMERICA UNIT LISTED BELOW For 5iink se: Forward to: Date Received: Received y.& . hone: Date Reviewed: ReviewW by: ---