2009-279 - Laserfiche WebLink

Home Browse Search

used for the purpose of paying the service charges to the Bank as stated in the proposal . ( b ) Should the County elect to pay directly for account service charges , the County will pay the Bank within thirty ( 30 ) days after the Bank invoices the County . The charges will be payable monthly in arrears upon presentation of the earnings credit calculation . The Banking services chargeable are as stated in the proposal . ( c) If at the end of any month the net earnings credit is a negative amount (value of services provided by the Bank has exceeded value of compensating balances maintained by the County) , the County will pay the Bank such amount within thirty ( 30 ) days after the Bank invoices the County . Section 5 . Representations , Warranties and Covenants ( a ) The Bank hereby represents and warrants to the County that it has full power and authority to enter into this Agreement and fully perform its obligations hereunder without the need for any further corporate or governmental consents or approvals , and that the persons executing this Agreement are authorized to execute and deliver it . Assuming the due authorization , execution , delivery , legality and enforceability hereof by or against the County when executed and delivered by the parties , this Agreement will constitute a valid and binding agreement of the Bank , enforceable against it in accordance with its terms , subject only to the application of general principles of equity and limitations arising from bankruptcy , insolvency , moratorium and other similar laws affecting the rights of creditors generally . ( b ) The Bank has not employed or retained any person employed by the County to solicit or secure this Agreement and it has not offered to pay , paid , or agreed to pay any person employed by the County any fee , commission percentage , brokerage fee , or gift of any kind contingent upon or resulting from the award of this Agreement . ( c) The Bank is aware of the conflict of interest laws of the ordinances and regulations of the County , and the State of Florida , and covenants that the Bank will fully comply in all material respects with the terms of said laws . ( d ) The County hereby represents and warrants to the Bank that it has full power and authority to enter into and perform all of its obligations under this Agreement without the need for any further bids , notices or other actions by its Council , Commission , Board or any other governmental authority . When executed and delivered by the parties , this Agreement will constitute a valid and binding agreement of the County , enforceable against it in accordance with its terms , subject only to the application of general law and principles of equity and limitations arising from bankruptcy , insolvency , moratorium and other similar laws affecting the rights of creditors generally . The County further represents and warrants to the Bank that it has - 3 -