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CITY OF SUNNY ISLES BEACH AGREEMENT <br /> WITH TD BANK FOR BANKING SERVICES <br /> • <br /> CONTRACT NO. 1-614* O.lo$ <br /> THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") <br /> is made in duplicate, this / l -day of . 2014, by and between the CITY <br /> OF SUNNY ISLES BEACI Florida, ( einaf r referred to as "City"), and TD BANK, N.A. <br /> • a corporation authorized to do business in the State of Florida (hereinafter referred to as "Bank") <br /> whose Federal I.D. # is DI — 01-3/770 • <br /> RECITALS <br /> WHEREAS, the City issued Request for Proposals No. 14-04-02 ("RFP") for banking <br /> services to handle operating cash including, but not limited to. deposits. check payments, payroll <br /> checks. ACH processing and wire transfers ("Services"); and <br />• <br /> WHEREAS. the Bank responded to the RFP by submitting a proposal and <br /> "Supplemental Certification" in response thereto (together, the "Proposal"), including but not <br /> limited to the Bank's Cash Management Master Agreement ("CMMA") and associated service <br /> appendices. (together. the" Bank Forms of Agreement"); and <br /> WHEREAS, the Bank was selected by the City as the lowest responsible and responsive <br /> bidder in response to the RFP; and <br /> WHEREAS, the Bank shall provide the Services to the City as set forth and delineated in <br /> the REP. the Bank's Proposal and the Bank Forms of Agreement copies of which are attached <br /> hereto as Exhibits and incorporated herein by reference. <br /> NOW THEREFORE, in consideration of the foregoing premises and other good and <br /> valuable consideration. the receipt and adequacy of which are hereby acknowledged, the City <br /> and Bank hereby covenant and agree as follows: <br /> 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement <br /> and made a part hereof for reference. <br /> 2. SERVICES. The Services performed by Bank shall consist of the following: <br /> (a) Each of the specific requirements, terms and conditions set forth in the RFP (attached <br /> hereto as Exhibit C), which is hereby incorporated by reference in its entirety; <br /> (b) Each of the services, terms and conditions set forth in the Proposal (attached hereto as <br /> Exhibit B) as well as the Bank Forms of'Agreement (attached hereto as Exhibit C) <br /> and hereby incorporated by reference in their entirety; and <br /> (c) Unless the context requires otherwise, all references to "this Agreement" and use'of <br /> the terms "herein". "hereby", "hereto", "hereunder" and the like shall be deemed to <br /> include this Agreement, the Proposal, the Bank Forms of Agreement, the RFP and <br /> any other related documents (collectively, the "Contract Documents") ; and <br /> (d) Any inconsistency between any of the Contract Documents shall be resolved in the <br /> • <br /> following descending order of priority: <br /> 111 <br />