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Reso 2014-2242
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Reso 2014-2242
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Last modified
1/8/2015 2:50:14 PM
Creation date
7/7/2014 2:49:14 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2242
Date (mm/dd/yyyy)
06/19/2014
Description
Awd Bid 14-04-02 & Nego. Agmt w/TD Bank, for Banking Srvs
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Bank both through the use of the Services and via the <br />Services' Setup Form. <br />2.2.3 Customer may submit <br />additional ACI I Authorizations. make changes to initial or <br />existing ACII Authorizations, or delete initial or existing <br />ACM Authorizations related to the Authorized Account(s) <br />online via the Services. Such changes shall become <br />effective on the next Business Day following the day on <br />which the changes were made by Customer. Each Business <br />Day, Bank will provide an updated list of successfully <br />processed ACII Authorizations to Customer via the <br />Services. In the event Customer submits a change or <br />addition to the ACII Authorizations that is incomplete. <br />contains an error or that cannot otherwise be processed by <br />Bank. Bank will use commercially reasonable elTorts to <br />notify Customer on the next Business Day that the <br />associated ACII Authorization(s) has been rejected. Until <br />such time as Customer reviews and corrects it. the rejected <br />ACH Authorization(s) will not appear on the updated list of <br />successfully processed ACH Authorizations that Customer <br />receives. <br />2.2.4 Should Customer fail to fully <br />and accurately populate or complete all requested fields <br />associated with the ACI 1 Authorizations, the following will <br />also apply: <br />(a) 11' Customer does not insert a <br />specified maximum dollar amount. then no maximum <br />dollar amount shall apply with respect to the applicable <br />ACII Entry(ics) or transaction subject to the ACH <br />Authorization(s). <br />(b) 11' Customer does not insert a <br />specified expiration date, then no expiration date shall <br />apply to the applicable ACII Entry(ies) or transaction <br />subject to the ACI I Authorization(s). <br />2.3 Processing of ACH Entries and <br />Reporting of Exception Entries. Bank shall electronically <br />compare each ACI 1 Fntry presented to Bank for settlement <br />against Customer's Authorized Account(s) on a Business <br />Day (including those presented by other depository <br />institutions. ACI 1 Operators or by Bank) with Customer's <br />ACI I Authorizations. On each Business Day, Bank: <br />(a) will allow incoming ACII <br />Entries that match Customer's ACH <br />Authorizations to post to Customer's <br />Authorized Account(s): and <br />(b) will treat as Exception Entries all incoming <br />ACII Entries that do match Customer's ACII <br />Authorizations and will provide to Customer, through the <br />Bank Internet System. a listing of all Exception Entries that <br />are otherwise scheduled for Return Default Disposition. <br />Customer must monitor, review and issue a Post Decision <br />or Return Decision on each Exception Entry reported <br />through the Bank Internet System by the pre - established <br />deadline set forth within the Services. Customer may also <br />set up alerts to be sent to Customer by a prc- established <br />time each Business Day advising Customer whether or not <br />there arc any Ixception Entries to be reviewed that <br />Business Day. <br />2.4 Payment and Dishonor of Exception <br />Entries. <br />2.4.1 Customer may choose to <br />confirm the Return Default Disposition of individual <br />Exception Entries presented via the Services by providing a <br />Return Decision to Bank by the pre - established deadline set <br />forth within the Services, in which case such Exception <br />Entries will be automatically returned to the Originator. <br />2.4.2 Customer may choose to <br />override the Return Default Disposition of individual <br />Fxception Entries presented via the Services by providing a <br />Pay Decision to Bank by the pre - established deadline set <br />Rorth within the Services. in which case such Exception <br />Entries will be paid /posted to Customer's Authorized <br />Account(s) at the end of the current Business Day. <br />2.4.3 Customer may choose not to <br />or may otherwise fail to review and provide a Post Decision <br />or a Return Decision for any Exception Entries by the pre- <br />established deadline, in which case the Return Default <br />Disposition will apply and all such Exception Entries will <br />be automatically returned to the Originator. <br />2.8 Customer and Bank <br />Communications. <br />2.8.1 Customer shall use the <br />Services' module of the Bank Internet System to report all <br />Pay Decisions or Return Decisions. Bank shall not be <br />obligated to comply with any Pay Decision or Return <br />Decision received in a format or medium, after a pre- <br />established deadline, or at a place not permitted under this <br />Appendix or the Services' Setup Form(s), and may instead <br />treat any such Pay Decision as a Return Decision or <br />otherwise apply the Return Default Disposition to such Pay <br />Decision. <br />2.8.2 Bank is not responsible for <br />detecting any Customer error contained in any ACH Entries <br />presented. dccisioned, returned or processed, or in any Pay <br />Decision or Return Decision by Customer. <br />2.8.3 In the event that Bank is <br />unable to provide Customer with a listing of Exception <br />Entries through the Bank Internet System for Customer's <br />Pay Decision or Return Decision as described in Section <br />2.3. the Return Default Disposition shall apply in <br />accordance with Customer's previously established ACH <br />Authorizations. <br />2.8.4 Bank shall be bound only to <br />exercise ordinary care in attempting to post or return ACI I <br />Entries as described in this Appendix. <br />3. Remedies. <br />3.1 Bank Liability. To the extent <br />permitted by applicable law, the liability of Bank under this <br />Appendix shall in all cases be subject to the provisions of <br />the Contract, including, without limitation, any provisions <br />thereof that exclude or limit warranties made by, damages <br />payable to or remedies available from Bank. <br />3.2 Wrongful Payment /Posting. It shall <br />constitute wrongful paymcnl/posting by Bank if Bank <br />HC 4R41-- OIN -3 18" 56 ,f62 0413 <br />
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