BANKING SERVICES AGREEMENT W/BANK OF AMERICA 9/30/2005
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BANKING SERVICES AGREEMENT
THIS AGREEMENT, made and entered into on the /OrL--day of August, 2000 by and between Bank of
America (herein referred to as the "Bank") and the Cily of Clearwater, Florida, a municipal corporatiou
(herein referred to as the "Cily")
WITNESSETH:
NOW, TIIEREFORE, in consideration of the promise and covenants contained herein, the parties agree as
follows:
1. Bank Duties.
That the bank shall furnish all material and perform all of the work for:
Request for Proposal for Banking Services (RFP #44--(0)
For the Cily of Cleanvater, Florida and in full complete accordance as provided by the following
enumerated documents, ("Contract Documents") which are incorporated herein by reference and
made apart hereof as if fully setout herein:
The Request for proposal (RFP #44-(0) dated May I, 2000
("Exhibit A")
The Bank's Response dated June I, 2000
("Exhibit B")
This instrument and any changes to the following documents are agreed to by the parties
hereto.
2. Amendments.
All provisions of the Contracts Documents shall be strictly complied with and conform to by the
Bank, and no amendment to this Contract shall be made except upon written consent of the
parties shall not be unreasonably withheld.
No amendment shall be construed to release either party from any obligation of the contract
documents except as specifically provided for in such amendment
3. Term of Agreement.
The term of this agreement will be for a period of five years beginning October I, 2000 and
ending September 30, 2005.
4. Services.
The services to be provided are as set forth in the attached Request for Proposal (Exhibit A) and,
the Bank's Response (Exhibit B), which, to the extent not inconsistent with this agreement, is
incorporated in the Agreement Integrated Agreement The entire and integrated agreement
between The Cily and Bank related to the Services shall consist of this Agreement, Bank's
service-level agreements in connection with the Services (including their respective user
documentation and set-up forms), Bank's Bid Response and the City's RFP as modified by the
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Bid Response. In the event of conflict among any of the preceding docnments, such documents
shall govern in the fOllowing order of precedence: (1) this Agreement, (2) Bank's service-level
agreements (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.
5. Other Services.
All other services not identified in the Agreement, proposed or response must be approved in
writing by the City and all costs must be agreed to by both parties prior to services being
rendered,
6. Payment.
The Bank will invoice the City monthly for the services provided in this Agreement based on the
unit costs submitted in the Response submitted by the bank City agrees to pay all invoices
pursuant to the Florida prompt payment Act, F.S,218.70
1. Notice.
Any notice given by one party to the other in connection with this agreement shall be sent via
U.S. mail to:
Finance Department
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Bank of America
18167 US Highway 19 N., Suite 600
Clearwater, FL 33764-{)575
8. Severability.
In the event that any provision or portion of any Contract Document shall be found to be invalid
or unenforceable, then such provisions or portion therefore shall be performed in accordance with
the applicable laws. The invalidity or unenforceability of any provision or portion of any
Contract Document shall not affect the validity or enforceability of any other provision or portion
of the Contract Documents.
9. Due Authority.
Each party to this agreement represents and warrants to the other parties that (I) they are duly
organized, qualified and existing entities under the laws of the state of Florida, and (ii) all
appropiate authority exists so as to duly authorize the persons executing this Agreement to so
execute the same fully bind the parties on whose behalf they are executing,
9. Termination.
Either party may terminate this Agreement with one hundred and twenty (120) days written
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notice
to the other party.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above
written.
/&.h:>EL--#: h..s-&->
(Name)
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(TItle)
Countersigned:
CITY OF CLEARWATER, FLORIDA
A,-~ ~
Bria1i Aungst /
Mayor-Commissioner
Approved as to form:
"j:~'::~;:ii>', DEBORAH M, HOORICK
i.{t&:\-1 MY COMMISSION I CO 864838
~.6.1.1 EXPIRES: December 20, 2003
'~m;,t:'I~' BofJdall ThtU Nulary Public Underwrilers
ATIEST~~l1Ck~ J~~
-- By 1);~~-~g.
Wllliall\ B.. Horne,n II~
T t .
_n enm City Manager
Attest:
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Johnca:assas
Assistant City Attorney
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