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AGREEMENT FOR GOVERNMENT BANKING SERVICES Agreement for Government Banking Services This Agreement for Government Banking Services (the "Agreement") is made as of this /(tI- day of ~ ,2005, between City of Clearwater (the "Client") and Bank of Americ 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 May2, 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: 1. 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. Option Selected. The City has selected Option 2 for Banking Services as to pricing for those services performed by Bank of America. This option is detailed in the Bid Response dated June 1,2005. 3. 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. 4. Term. This Agreement is for an initial term of five (5) years. The Agreement may be extended by mutual consent of the parties as set forth in the RFP. 188251.04 5. 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 18167 US Highway 19 N., Suite 600 Clearwater,FL 33764-6575 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: See Attached Signatune Page [Signature] Name: [Type or Print] Title: [Type or Print] B~CA' N.A. /J / By: Y1, ~ [Signature] Name: Victoria R. Parker [Type or Print] Title: Senior Vice President [Type or Print] 188251.04 By: Name: Title: 2 [Signature] [Type or Print] [Type or Print] Countersigned: ~I(~ Frank '(,..r1fbbard Mayor Approved as to form: JtL Pamela K. Akin City Attorney Attest: f~~~u~~ City Clerk _ -. -: - ,,- . - ' - -