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AGENDA PACKET_2021-12-21
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AGENDA PACKET_2021-12-21
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Agenda Packet
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12/21/2021
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earnings credits earned during that timeframe. <br />(2) If the aggregate earnings credits earned are insufficient to cover the <br />aggregate of fees incurred during that timeframe, City shall pay the resulting <br />deficiency to Banking Services Provider within forty-five (45) days of its <br />receipt of the semi-annual settlement invoice. <br />b. Compensation directly payable by City to Banking Services Provider, exclusive of <br />earnings credit for City funds on deposit with Banking Services Provider, shall not <br />exceed $75,000 annually plus a fifty (50) percent annual contingency for the term <br />of this Agreement. <br />2. Section 3, General Provisions, subsection 3-1 Term of the Agreement. The parties <br />agree to extend the term of the Agreement for an additional five (5) year period through December <br />31, 2026, unless terminated earlier in accordance with Section 3-2 below. <br />3. Section 3, General Provisions, subsection 3-9 Insurance, shall be amended to read <br />as follows: <br />3-9. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Minimum Scope and Limit of Insurance <br />Commercial General Liability (CGL): Insurance Services Office Form <br />CG 00 01 covering CGL on an "occurrence" basis, including products and <br />completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $2,000,000 per occurrence. If a <br />general aggregate limit applies, either the general aggregate limit shall apply <br />separately to this project/location (ISO CG 25 03 or 25 04) or the general <br />aggregate limit shall be twice the required occurrence limit. <br />2. Automobile Liability: ISO Form Number CA 00 01 covering any auto <br />(Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - <br />owned autos (Code 9), with a limit no less than $1,000,000 per accident for <br />bodily injury and property damage. <br />3. Workers' Compensation: As required by the State of California, with <br />Statutory Limits, and Employer's Liability Insurance with limit of no less <br />than $1,000,000 per accident for bodily injury or disease. <br />4. Professional Liability (Errors and Omissions): Insurance appropriate to <br />Consultant's profession, with limit no less than $5,000,000 per occurrence <br />or claim and $10,000,000 in the aggregate. <br />5. Cyber Liability: Insurance, with limits not less than $5,000,000 per <br />occurrence or claim, $10,000,000 aggregate. Coverage shall besufficiently <br />broad to respond to the duties and obligations as is undertaken by <br />Consultant in this Agreement and shall include, but not be limited to, <br />City Council interruption, cyber extortion, scar &ngineering, infringemen12/4/2021 <br />Page 2 of 6 <br />
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