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1992-36 Barnett Bank for Banking ServicesRESOLUTION 36_02 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BANKING SERVICES PROPOSAL FROM BARNETT BANK OF PALM BEACH COUNTY TO PROVIDE THE BANKING SERVICES FOR THE VILLAGE OF NORTH PALM BEACH AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. The Banking Services Proposal from Barnett Bank of Palm Beach County to provide the banking services for the Village of North Palm Beach are hereby accepted by the Village of North Palm Beach in accordance with the terms and conditions included in the proposal and contract. Section 2. The Mayor and Village Clerk are hereby ' authorized and directed to execute the contract set forth in Exhibit nAu for and on behalf of the Village. Section 3. The Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 24TH DAY OF SEPTEMBER, 1992. a Mayor ATTEST: Village Clerk ~' THIS AGREEMENT, made and entered into this 24th day of September, 1992, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "the Village", and BARNETT BANK OF PALM BEACH COUNTY, a state chartered banking institution, hereinafter -- referred to as "Barnett", WHEREAS, WITNESSETH: the Village is desirous of entering into a contractual agreement with a financial institution to provide the Village's banking services; and WHEREAS, the Village received proposals, and recommended the selection of Barnett to provide such banking services; NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises herein contained, the parties hereto agree a s follows: 1. The performance of this Agreement shall commence o n November 2, 1992, and shall terminate on October 31, 1994 with an automatic two year renewal, unless notified by the Village within sixty (60) days prior to the end of the second year. 2. The Village may terminate this contract at any time without cause, giving written notice to Barnett of such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination. u 1 f 3. Barnett agrees to provide the services specified, with the personnel specified, and at the costs specified in its proposal to the Village, said proposal being attached, incorporated by reference herein and made a part hereof as fully as if herein set forth. Barnett hereby acknowledges submitting said proposal in response to the Village's "Banking Service Proposal", said Banking Service Proposal being attached, incorporated by reference herein and made a part hereof as fully as if herein set forth. Prices, terms and conditions shall remain firm throughout the contract period. 4. Representatives of the parties are hereby authorized to meet and draft any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of operation shall become effective upon acceptance by the Director of Finance of the Village and Barnett Bank. Said plans and procedures of operation shall be subject to change upon mutual agreement and consent of the parties, which agreement and consent shall not be unreasonably withheld or denied. 5. With regard to any financial loss which may be suffered by the Village as a result of or due to intentional or negligent acts of commission or omission by Barnett, Barnett hereby agrees to reimburse and save harmless the Village for any such loss. 6. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, and any representations or statements heretofore made with respect to such subject matter, whether verbal or written, are merged herein. 2 In l~ J 7. This Agreement shall be construed in accordance with the laws of the State of Florida and any remedies of the parties pertaining thereto shall likewise be governed by said laws. IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized officials, have executed this Agreement as of the day and year first above written. VILLAGE OF NORTH PALM BEACH BY: ATTEST: _ c IGNA RE MAYOR S GNATURE VILLAGE CLERK u 1 BARNETT BANK OF PALM BEACH COUNTY BY: ,~ ~~~~,2~ --- _ _ 9-is-ate VICE PRESIDENT/CORPORATE CASH MANAGEMENT 3