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Res 2006-035
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Res 2006-035
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8/2/2006 10:34:15 AM
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8/2/2006 10:18:33 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-35
Date
2/21/2006
Volume Book
166
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<br />BankofAmerica ~ <br />~ <br /> <br />AITACBMENI' G 1 5 8 . <br />Client Agreement for Commercial <br /> <br />Automated Investment Account Concentration <br /> <br />Liquidity Shares <br /> <br /> <br />of San Marcos (the "Client") and Bank of America, N.A. ("Bank of America") hereby agree to establish one or more <br />mmercial Automated Investment Accounts (each, an "Investment Account") for the Client upon the following terms: <br /> <br />1. The Client Agreement. This Client Agreement for Commercial Automated Investment Account, together with each Investment <br />Selection Form for the investment options selected by the Client (each, an "Investment Option"), comprises the "Agreemenf'. <br /> <br />2. Checking Account. For each checking account which the Client maintains in its name with Bank of America and identifies on an <br />Investment Selection Form (a "Checking Account"), Bank of America will establish in the Client's name a commercial automated <br />investment account ("Investment Account"). For the investment described in a given Investment Selection Form (the "Investment <br />"), the Client may maintain more than one Checking Account. Each Checking Account is governed by the terms and conditions set <br />forth in the Bank of America Deposit Agreement and Disclosures, as amended from time to time. <br /> <br />3. Investment of Excess Funds. Beginning a reasonable time after the date Bank of America receives both this Agreement, <br />properly executed by the Client, and a certificate confirming the Client's authority to enter into the Agreement, amounts from each <br />Checking Account will be transferred to and from its specified Investment in accordance with the following procedures: <br /> <br />(a) At the end of each banking day, upon the completion of the process of posting, Bank of America will determine the amount by <br />which the collected balance in each Checking Account exceeds its respective target collected balance ("Target Balance") <br />established jointly by Bank of America and the Client. The initial Target Balance for each Checking Account is set forth in its <br />respective Investment Selection Form(s). The amount by which the collected balance in the Checking Account at the end of <br />each banking day exceeds the Target Balance for such Checking Account (as adjusted from time to time) is hereinafter called <br />the "Excess Funds Amount". Subject to the terms in subparagraph b for Money Market (Liquidity Class) Funds, the Excess <br />Funds Amount will be applied to the Investment. <br /> <br />1 <br /> <br />(b) Money Market (Liquidity Class) Funds have cut-off times for the placement of purchase and redemption orders that are earlier <br />than Bank of America's close of business. In order to provide same-day investment of your excess funds in such an <br />Investment Option, Bank of America must place, on behalf of all clients investing in a particular Investment Option through <br />their respective investment accounts and on behalf of itself, an aggregate net purchase or redemption order for Fund shares <br />before the close of Bank of America's business day. Bank of America then will allocate the individual purchase and <br />redemption amounts of each such client as of the close of business, when the final collected Checking Account balances of <br />each client are determined for that business day. <br /> <br />Accordingly, for the Client and all other clients investing in a Money Market (Liquidity Class) Fund through an investment <br />account, Bank of America will set a daily cut-off time at which time it will estimate the amount by which, for each banking day, <br />the anticipated collected balance in each Checking Account as of the completion of the process of posting at the end of the <br />banking day (the "Anticipated Collected Balance") will exceed or fall below its respective Target Balance. <br /> <br />If the Anticipated Collected Balance exceeds the Target Balance, Bank of America will add the amount of the excess to its net <br />purchase (or deduct it from its net redemption) for that banking day. If the Anticipated Collected Balance is less than the <br />Target Balance, Bank of America will deduct the amount of the difference, up to the amount of Client's then current Money <br />Market (Liquidity Class) Fund balance, from its net purchase (or add it to its net redemption) for that banking day. Bank of <br />America, in its sole discretion, will also include in its daily net transaction for each Money Market (Liquidity Class) Fund an <br />additional amount which will serve as a reserve against underestimation of the aggregate of Anticipated Collected Balances <br />from all clients investing in such Fund through investment accounts (the "Residual Amount"). Individual client purchase and <br />redemption amounts are then allocated by Bank of America after the close of each banking day in accordance with the <br />following procedures. <br /> <br />Following the close of each banking day, Bank of America will determine the amount by which the actual collected balance in a <br />Checking Account is greater or less than its respective Target Balance. The amount by which the business day-end collected <br />Checking Account balance exceeds the Target Balance will be treated as the Client's Money Market (Liquidity Class) Fund or <br />Fed Fund purchase for the respective Checking Account for that day (the "Excess Funds Amount") and will be added to the <br />Client's Investment balance for such Checking Account. If the Client's business day-end collected Checking Account balance <br />is less than its respective Target Balance, the amount of the difference, up to the Client's available Fund balance, will be <br />treated as the Client's Fund redemption for the respective Checking Account for that day and will be subtracted from the <br />Client's Investment balance. <br /> <br />1 <br /> <br />00-35- 2512NSBW 10-2004 <br /> <br />@ 2004 Bank of America Corporation <br />
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