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01/17/2017 (2)
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01/17/2017 (2)
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Last modified
10/23/2017 1:44:52 PM
Creation date
4/13/2017 12:07:15 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
01/07/2017
Meeting Body
Board of County Commissioners
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Bank <br />EXHIBIT TO CASH MANAGEMENT MASTER AGREEMENT: <br />GOVERNMENTAL ENTITY SERVICES <br />This Exhibit is incorporated by reference into the parties' Cash Management Master Agreement (the "Agreement") and applies to <br />all Cash Management Services made available by Bank to Customer, as a governmental entity or unit. All capitalized terms used <br />herein without definition shall have the meanings given to them in the Agreement. Bank and Customer agree that, <br />notwithstanding anything to the contrary contained in the Agreement, the following terms and provisions shall apply to the <br />Agreement: <br />TERMS AND CONDITIONS <br />1. Section 26, "Governing Law," of the Agreement <br />is hereby deleted in its entirety and replaced with the <br />following: <br />26. Governing Law. Any claim, <br />controversy or dispute arising under or related to <br />this Agreement shall be governed by and <br />interpreted in accordance with the laws of the <br />jurisdiction pursuant to which Customer was <br />incorporated or otherwise organized, except <br />where applicable federal law is controlling. In the <br />event of a conflict between the provisions of this <br />Agreement and any applicable law or regulation, <br />this Agreement shall be deemed modified to the <br />extent necessary to comply with such law or <br />regulation. <br />2. The following new Section 34 is hereby added <br />immediately after Section 33 <br />34. Additional Representations and <br />Warranties. For purposes of this Section, <br />"Governmental Unit" means: (A) any town, city, <br />county or similar local governmental unit, mcluding <br />without limitation any school district or school <br />administrative unit of any nature, water district, <br />sewer district, sanitary district, housing authority, <br />hospital district, municipal electric district or other <br />political subdivision, agency, bureau, department or <br />other instrumentality thereof, or similar quasi - <br />governmental corporation or entity defined by <br />applicable law, and (B) any state government or <br />any agency, department, bureau, office or other <br />instrumentality thereof. <br />(a) If Customer is a Govemmental Unit of the type <br />included in (A) above, Customer and the individual <br />signing below represent, warrant and agree: (i) that <br />this Agreement has been duly executed by the <br />Treasurer, Finance Director, or other officer <br />authorized by law with signatory authority to enter <br />into banking services agreements; (ii) that this <br />(b) <br />Agreement has been duly authonzed and <br />approved by the governing body of Customer in <br />accordance with applicable law, and, at Bank's <br />request, as evidenced by the certification of the <br />Secretary or other legal authority of the <br />governing body and provided with this <br />Agreement; (iii) that only persons authorized to <br />disburse Customer funds from any Account will <br />be enrolled as Authorized Users having access to <br />wire transfer, ACH or Account transfer functions; <br />(iv) that if this Agreement remains in effect for <br />more than one budget year, upon request of Bank, <br />Customer will ratify and provide evidence of the <br />renewal of this Agreement in subsequent years; <br />and (v) that this Agreement is the valid and binding <br />obligation of Customer, enforceable against <br />Customer in accordance with its temm. <br />If Customer is a Governmental Unit of the type <br />included in (B) above, Customer and the individual <br />signing below represent, warrant and agree: (i) that <br />this Agreement has been duly executed by a <br />financial or other officer authorized by law with <br />signatory authority to enter into banking services <br />agreements on behalf of Customer; (ii) that this <br />Agreement has been duly authorized by a senior or <br />similar officer of Customer; (iii) that Customer has <br />complied with all state laws and regulations, <br />including any regulations or policies adopted by <br />Customer with respect to electronic commerce in <br />entering into and performing this Agreement and <br />any related ACH or wire transfer service <br />agreement; (iv) that only persons authonzed to <br />disburse Customer funds from any Account will be <br />enrolled as Authorized Users having access to wire <br />transfer, ACH or Account transfer functions; and <br />(v) that this Agreement is the valid and binding <br />obligation of Customer, enforceable against <br />Customer in accordance with its terms. <br />(c) For a Customer of the type included in either (A) or <br />(B) above, Customer and the individual signing <br />below further represent, warrant and agree. (i) that <br />upon Bank's request, Customer shall provide <br />HCS 4818-2426-3481 El 13 of 58 0916 <br />P27 <br />
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