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<br />-- <br /> <br />II <br /> <br />III <br /> <br />Agreement for all intents and purposes: (1) Scope of Services (Attachment A), (2) Price <br />Schedule (Attachment B), (3) City of San Marcos Investment Policy (Attachment "C"), (4) City <br />of San Marcos Financial Policy (Attachment "D"), (5) Bank's Treasury Terms and Conditions <br />Booklet (including user documentation and set-up forms) (Attachment E), (6) Bank's Sweep <br />Agreement (Attachment G), (7) Bank's Safekeeping Agreement (Attachment H), (8) Bank of <br />America Collateral Security Agreement (Attachment I), (9) Bank of New York's Tri-Party <br />Collateral Management Agreement (Attachment J), (10) Bank's RFP response, (11) City of San <br />Marcos RFP, and (12) any other service agreements and forms and documentation as determined <br />necessary by the Bank and City in order to provide the services requested herein. In the event of <br />conflict, dispute, or discrepancy between the provisions of this Agreement and the Attachments <br />enumerated in this Section, the order of precedence will be A) this Agreement, and B) the <br />documents listed above according to their numerical order. <br /> <br />2.2 ADDITIONAL SERVICES/CHANGE IN SERVICES <br /> <br />2.2.1 Since the Depository's compensation is based on fixed fees for Basic Services, including <br />minor deviations from those described in this Agreement, compensation to the Depository for <br />additional services will only be for substantial deviations from the scope of services described in <br />this Agreement. The Depository will submit a written estimate of fees to the City and obtain the <br />City's authorization before initiating any additional services. Should the City choose to utilize <br />additional services available from Depository that are not included in this Agreement, the City <br />will pay the then current rate for those services as established in the Fee Schedule provided by <br />Depository at the time services are requested. <br /> <br />2.2.2 Each material change (deletion or addition) in the services to be provided by Depository <br />must be authorized by the City on the Authorization of Change in Services form attached to this <br />Agreement as Attachment K. Compensation for additional services will be in addition to that <br />specified for Basic Services in accordance with Section 4.2 of this Agreement. The approval of <br />the City's governing body is necessary for all additional services the compensation for which <br />exceeds $25,000.00. <br /> <br />ARTICLE 3 <br />THE CITY'S RESPONSIBILITIES <br /> <br />The City will: <br /> <br />3.1 Provide full information to the Depository regarding the City's requirements for the <br />Depository's services under this Agreement. The City will furnish the Depository with copies of <br />data and information in the City's possession needed by the Depository at the Depository's <br />request. <br /> <br />3.2 Designate Lucy Montana, Assistant Director of Finance as the City's Project Manager <br />and authorized representative to act on the City's behalf with respect to this Agreement. The <br />City will examine the documents and information submitted by the Depository and promptly <br />render responses to the Depository on issues requiring a decision by the City. <br /> <br />.., <br />.J <br />