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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 />REQUIRED INFORMATION <br />You will furnish us with all required information and authorizations at the times, in the <br />manner and with the content specified in the applicable User Documentation. <br /> <br />TAX FORMS AND REMl'ITANCES <br />After we have received complete Tax Payment Instl1lctions from you, we prepare the <br />related tax forms (which may be on a magnetic tape or by electronic transmission as <br />authorized by the Internal Revenue Service or other tax authority, as applicable) for <br />submission to the appropriate tax authority. <br /> <br />If permitted by the input method, you may specify a settlement date in accordance with the <br />User Documentation. If you use a touchtone phone as your input method, you may request a <br />specified settlement date by caIling the designated customer representative for the <br />applicable Tax Payment Service. <br /> <br />For purposes of these Services, settlement date means the date you specify that the taxing <br />authority's account is to be credited. If you do not specify a settlement date, we will pay the <br />amount you specify on or before the tax due date. If you specify the settlement date, <br />payment will be made on the settlement date. <br /> <br />ACCOUNT DEBITS <br />If you do not specify a settlement date, we debit your account for any tax payment on the <br />Business Day of transmission. If you specify a settlement date, we genel'ally debit your <br />account on the settlement date unless you are prefunding your tax payments. Prefunding <br />means that you pay for all tax payments by such time before the settlement date as we may <br />specify. At our discretion, we may at any time without notice debit your account on the <br />Business Day that Tax Payment Instructions are transmitted to us (or on any other later <br />date). If we debit the funds on the transmission date (or any other date before the payment <br />date), we hold the funds as a deposit liability to you, and not as tl1lst funds, until the <br />date when we remit the funds to the appropriate tax authority. We will not pay you interest <br />on the funds. <br /> <br />We reserve the right to debit your account and to make a tax payment on your behalf earlier <br />than the tax due date if the information in your Tax Payment Instruction is unclear or <br />inadequate to permit us to determine the later due date under the applicable Tax Payment <br />Selvice or ifwe otherWise reasonably decide that any delay in the payment of the tax may <br />expose you to liability for a tax penalty. In such case we will not be liable to you for any lost <br />use of funds. <br /> <br />REJECTION OF INSTRUCTIONS <br />We may reject your instlUctions during or immediately after transmission to us if they do <br />not comply with the requirements of this Booklet or the applicable User Documentation or <br />which we have been unable to verify through use of the Security Procedure. You will be <br />informed of any such rejection only as specified in the applicable User Documentation, and <br />no other notice of rejection will be provided. <br /> <br />In addition, we may decline to perform any Tax Payment Service or to report any tax, file any <br />tax form, or pay any related tax for you, even if we have received instl1lctions to do so, if the <br />tax payment and our related service fees and charges exceed the Collected and Available <br />Funds on deposit in your account or your ACH processing limit. If we reject a Tax Payment <br />Instruction for that reason, we will promptly notify you by telephone or facsimile <br />transmission in which case we will not be liable to you for the tax payment., any interest on <br />the amount of your tax liability, or for any tax penalty imposed on you in connection with the <br />tax liability. You agree these means of communication are a reasonable means of notifying <br />you. <br /> <br />AD-AG-0455B (2004-2) <br /> <br />37 <br />
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