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Agreement for Government Banking Services <br /> <br />This Agreement for Government Banking Services (the "Agreement") is made as of this _ day <br />of ,2009, between City of Sunny Isles Beach (the "City") and Bank of America, <br />N.A., a national banking association. <br /> <br />WHEREAS, the City of Sunny Isles Beach IS In need of government banking serVIces <br />("Services"); and <br /> <br />WHEREAS, Bank of America, N.A. is qualified to provide these services; and <br /> <br />WHEREAS, the Village of Wellington issued an Invitation to Negotiate #023-08/JWV for <br />banking services in December 2008; and <br /> <br />WHEREAS, Bank of America, N.A. was the successful negotiator under the Invitation to <br />Negotiate #023-08/JWV, having submitted its response dated May 15, 2008 (the "Response"); <br />and <br /> <br />WHEREAS, the parties wish to enter into this Agreement for the purpose of specifying the term <br />and constituent documents of the agreement between the City and Bank of America, N.A. <br />pursuant to the Village of Wellington, Florida's Invitation to Negotiate #023-08/JWV for <br />banking services awarded to Bank of America, N.A. in December 2008; <br /> <br />NOW, THEREFORE, in consideration of the foregoing, and other good and valuable <br />consideration, the parties hereby agree as follows: <br /> <br />1. Integrated Agreement. The entire and integrated agreement between the City and Bank of <br />America related to the Services shall consist of this Agreement, Bank of America's Treasury <br />Terms and Conditions booklet (including user documentation and set-up forms), Bank of <br />America's Response and Village of Wellington Florida's Invitation to Negotiate #023- <br />08/JWV for banking services. In the event of conflict among any of the preceding <br />documents, such documents shall govern in the following order of precedence: (1) this <br />Agreement, (2) Bank of America's Treasury Terms and Conditions booklet (including user <br />documentation and set-up forms), (3) Bank of America's Response to Invitation to <br />Negotiate #023-08/JWV and (4) Village of Wellington's Invitation to Negotiate #023- <br />08/JWV for banking services. The integrated agreement supersedes all prior negotiations, <br />representations, statements and agreements, whether written or oral, regarding the Services. <br /> <br />2. Commencement of Performance. Except as otherwise agreed by the parties, Bank of <br />America, shall begin performing each Service upon execution and delivery of this <br />Agreement, the pertinent service-level agreement and the related set-up forms. Bank of <br />America shall continue to perform such Services during the term of this Agreement. <br /> <br />3. Term. This Agreement is for an initial term of Three (3) years with an extension of Two (2) <br />years and One (1) year. The Agreement may be extended by mutual consent of the parties as <br /> <br />S\~ <br />