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FIRST AMENDMENT TO AGREEMENT
CITY OF FRESNO, CALIFORNIA
GOVERNMENT BANKING SERVICES
'l'HlS FIRST AMENDMENT to the Agreement for Government Banking Services (the
"First Amendment") is made and entered into effective the 7th day of December, 2012,
("Effective Date") by and between the CITY OF FRESNO, a municipal corporation (hereinafter
referred to as "CITY"), and Bank of America, N.4., a national banking association (hereinafter
referred to as "BANK"), and amends that certain Agreement for Government Banking Services
entered into on March 15,2010 (the "Agreement"), by and between the CITY and BANK as well
as other integrated agreement and precedence of documents referenced in the Agreement.
RECITALS
WHEREAS, BANK provides banking services to CITY pursuant to the Agreement for
Government Banking Services dated March 15,2010; and
WHEREAS, BANK is engaged in the business of furnishing technical and expert services as
bankers and hereby represents that it is professionally capable of performing the services called
for in the Agreement; and
WHEREAS, BANK and CITY wish to amend the terms of the Agreement under the terms and
conditions negotiated between the parties as set forth below:
Therefore, as of the Effective Date of this First Amendment, BANK and CITY amend the
Agreement as follows:
1. Subsection (a) of Section 6 of the Agreement, which requires seven (7) calendar
days prior written notice of termination by CITY to BANK, is amended to now
required one hundred eighty (180) calendar days prior written notice of
termination by CITY to BANK.
2. Tab XVI of Attachment "4" Proposal Binder, entitled Overdraft Protection, is
deleted in its entirety. The reference to "Overdraft Protection" in the Agreement
opposite Tab XVI is replaced with "INTENTIONALLY DELETED.,,
All terms and conditions of the Agreement not expressly modifred by this First Amendment shall
remain unmodified and in full force and effect.
Each party acknowledges that it has read and fully understands the contents of this First
Amendment. This First Amendment has been executed as of the date first set forth above by the
parties' respective duly authorized officers or representatives having full authority to bind the
below respective entities.
APPR(DIED BY CITY COUNCIL
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First Amendment to Banking Services Agreement
Between the City of Fresno and Bank of America
December 7,2012
IN WITNESS V/HERE, the parties have executed this First Amendment at Fresno, California the
day and year first above written.
CITY OF FRESNO
A California municipal corporation
ATTEST:
YVONNE SPENCE, CMC
City Clerk
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APPROVED AS TO FORM;
FRANCINE M. KANNE
Interim City Attomey
By:
Addresses:
CITY:
City of Fresno
Attention : Greg Wiles, Treasury Officer
2600 Fresno Street, Room 21565
Fresno, CA 93721-3622
Phone: (559) 621-7004
Fax: (559) 488-4636
greg.wiles@fresno. sov
RSB:pm [6049lprn/rsb] 12-04-12
Bank of America
N.4., Banking Services
By:
Name:'
BANK:
Bank of America, N.A.
Jonathan Millard, SVP Senior Client Manager
cA5-704-14-11
315 Montgomery Street, l4tr'Floor
San Francisco, CA 94104
Phone: (415)913-2837
Fax: (415) 228-7984
j onathan. rni llard(ôbm l. com
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