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Reso 2009-1489
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Reso 2009-1489
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Last modified
7/1/2010 9:43:08 AM
Creation date
10/26/2009 3:45:30 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1489
Date (mm/dd/yyyy)
10/15/2009
Description
Agmts w/Bank of America for Government Banking Srvs
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<br />COMPLIANCE WITH NACHA RCK RULES AND LAWS <br />You agree to comply with the NACHA Rilles for all Entries whether or not an Ently is sent <br />through the ACH network. You act as an Originator and we act as an ODFI with respect to <br />Entries. The NACHA Rules govern if they conflict with this Booklet, except that the file <br />specification requirements in the User Documentation govern if they conflict with the <br />NACHA Rules. <br /> <br />Each time you use an RCK Service (i) you warrant that you have obtained the appropriate <br />authorization from each Receiver and the Entries conform to the authorization and <br />comply with the NACHA Rilles and (ii) you make the same warranties to us as we make under <br />Section 2.2 or any successor section of the NACHA Rules. <br /> <br />TAX PAYMENTS <br /> <br />Our Tax Payment Services allow you to instruct us, using a touchtone telephone or our <br />Software on your computer, to pay any of your taxes which are reported or filed using the tax <br />forms as more fully described and specified in the applicable User Documentation. Based on <br />your Tax Payment Instructions, we prepare and remit your tax deposits. Each of these <br />Services is described in the applicable User Documentation. <br /> <br />SECURI'IY PROCEDURE <br />You agree to use the Security Procedure, if any, when you deliver Tax Payment <br />Instructions and, as provided in the applicable User Documentation, cancellation <br />requests to us. The purpose of the Security Procedure is to verify the authenticity of Tax <br />Payment Instructions or cancellation l'equests and not to detect en'ors in the transmission or <br />content of these messages. You represent and warrant each time you use a Tax Payment <br />Service that., in view of your requirements, the Security Procedure is a satisfactory method of <br />verifying the authenticity of these messages. You agree we may act on any Tax Payment <br />Instructions or, as provided in the applicable User Documentation, cancellation <br />requests, the authenticity of which we have verified through the use of the Security <br />Procedure. <br /> <br />CUTOFF TIMES <br />You must comply with the deadlines specified in the applicable User Documentation for <br />initiation of Tax Payment Instructions. If a Service allows you to send instl1lctions to us <br />after the cutoff time, or on a non-Business Day, we may treat these instl1lctions as if we <br />received them on the next Business Day. <br /> <br />COMMUNICATION EXPENSE AND RISK <br />Transmission of Tax Payment Instl1lctions to us will be at your expense, except that we <br />may provide a toll-free number telephone selvice. If that service is disl1lpted for any reason, <br />you have the responsibility and risk of using alternative means of communicating Tax <br />Payment Instructions to us accurately and in time for us to perform any Tax Payment Service. <br /> <br />AD-AG-0455B (2004-2) <br /> <br />36 <br />
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