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R-11-04-14-10A1 - 4/14/2011RESOLUTION NO. R -11-04-14-10A1 WHEREAS, the City entered into a Depository and Banking Services Contract with Bank of America, N.A. by Resolution No. R -07-04-26-12D1, same being dated April 26, 2007, and WHEREAS, the term of such Contract was extended until May 31, 2011 by Resolution No. R -09-05-14-9E2, same being dated May 14, 2009, and WHEREAS, the term of the current Contract extends until May 31, 2011, and WHEREAS, paragraph II of said Contract authorizes the parties to extend the existing Depository and Banking Services Contract, by mutual agreement, for a period not to exceed the period allowed by the City/Depositor's Comprehensive Investment Policy, and WHEREAS, the City and Bank of America, N.A. desire to extend the Depository and Banking Services Contract for a period of one year, so that the term of said Contract shall expire on May 31, 2012, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement Extending Depository and Banking Services Contract with Bank of America, N.A., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. II. That the Mayor is hereby authorized and directed, on behalf of the City, to acknowledge the continuing validity of Resolution No. R -10-10-14-9E2 passed on October 14, 2010 containing "Exhibit B Certificate of Authorized Persons," a copy of same being attached hereto as Exhibit "B" and incorporated herein for all purposes. III. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was O: \wdox\SCCInts\0112\1104 \MUNICIPAL\00217947.DOC/jkg open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of April, 2011. ATTEST: D2A4/t/L . gt176t-- SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas EXHIBIT "A" AGREEMENT EXTENDING DEPOSITORY AND BANKING SERVICES CONTRACT WHEREAS, the City of Round Rock, Texas (hereinafter referred to as the "City/Depositor") and Bank of America, N.A. (hereinafter referred to as the "Bank") entered into that one certain Depository and Banking Services Contract (hereinafter referred to as the "Contract")dated April 26, 2007, and WHEREAS, the term of such Contract was extended until May 31, 2011, by resolution adopted May 14, 2009, and WHEREAS, under the terms of the Contract, said Contract expires on May 31, 2011 unless extended by mutual agreement of the parties thereto, and WHEREAS, paragraph II of the Contract provides that the Contract may be extended by mutual agreement of the City/Depositor and the Bank for a period not to exceed the period allowed by the City/Depositor's Comprehensive Investment Policy, and WHEREAS, the City/Depositor and the Bank now wish to extend the Contract for a period of one (1) year until May 31, 2012, NOW, THERFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: I. Under the terms of paragraph II of the Contract, the Contract is hereby extended and shall remain in full force and effect through May 31, 2012. II. All other terms and provisions of the Contract, amendments thereto, shall remain in full force and effect. Executed in multiple originals to day of the month of undersigned duly authorized officers of CITY OF ROUND ROCK, TEXAS By: Printed Name: Title: Date Signed: ATTEST: By: Sara L. White, City Secretary 3 and any be effective on the , 2011, by the the parties hereto. BANK OF AMERICA, N.A. By: Printed Name: Title: Date Signed: ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 10A1. City Council Agenda Summary Sheet Agenda Caption: Depository and Banking Services Contract with Bank of America, N.A. Meeting Date: April 14, 2011 Consider a resolution authorizing the Mayor to execute an amendment to extend the Department: Finance Department Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: The current depository contract with Bank of America is for the City's day to day banking needs and expires May 31, 2011. This one (1) year extension allows the City to continue to receive the same services with no additional increases in costs per service over this one year period. The Local Government Code and the City's Investment Policy require that the City request proposals for depository services every five (5) years. This extends the City's 2007 Depository and Banking Services contract through its fifth and final year. Strategic Plan Relevance: 8.0 — Maintain and enhance public confidence, satisfaction and trust in City Government Cost: Approximately $75,000 per year Source of Funds: General & Utility Funds Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS EXHIBIT "A" AGREEMENT EXTENDING DEPOSITORY AND BANKING SERVICES CONTRACT WHEREAS, the City of Round Rock, Texas (hereinafter referred to as the "City/Dep ositor ) and Bank of America, N.A. (hereinafter referred to as the "Bank"entered hereinafter one referred n toDepasltthe and Banking Services Contract "Contract")dated April 26, 2007, and WHEREAS, the term of such Contract was extended until May 31, 2011, by resolution adopted May 14, 2009, and WHEREAS, under the tethe Contract the parires on May 31, 2011 unless extendedbY mutual agreement of thereto, and WHEREAS, paragraph II of the Contract provides that the gra P Contract may be extended by mutual agreement of th e City/Deposflowed byitor and the Bank for a period not to exceed the period City/Depositor's Comprehensive Investment Policy, and WHEREAS, the City/Depositor and the Bank now wish to extend the Contract for a period of one (1) year until May 31, 2012, NOW, THERFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: I Under the terms of paragraph II of the Contract, the Contract is hereby extended and shall remain in full force and effect through May 31, 2012. II. All other terms and provisions of the Contract, and any amendments thereto, shall remain in full force and effect. Executed in multiple origals to be effective on the _ day of the month of )I 2011, by undersigned duly authorized offic rs of the parties hereto. CITY OF RD ROCK, TF CAS BANK OF AMERICA, N.A. fati�i, By: ' dt44 d„�"�� Printed Name: �L�,�-kwlun ,-�1 /16 Title: .0vnt off' V4c,e P✓esick/t4 Date Signed: :31 20 the By: Printed game: P401. 1./15.41/11V1/ Title: N/1 GtyaY- Date Signed: 4-44.11 ATTEST: By: Sara L. QuiI-n4-,14,I/kI White, City Secretary 3 EXHIBIT B CERTIFICATE OF AUTHORIZED PERSONS (Public Entity - Oral and Written Instructions) The undersigned hereby certifies that he/she is the duly elected and acting Mayor of City of Round Rock ("Public Entity") and further certifies that the following officers or employees of Public Entity have been duly authorized to deliver Oral and Written Instructions to The Bank of New York Mellon ("Bank of New York") pursuant to the Tri -Party Collateral Management Agreement among Public Entity, Bank of America N.A. ("Bank of America") and Bank of New York dated 10/01/2010 and that the signatures appearing opposite their names are true and correct: Cheryl Velaney Name Elaine Wilson Finance Director Title Financial Programs Manager Si tore Bei.-ric,�*ht, Name Title Signature Name Title Signature Stacie Carter Accounting Manager Tatneka Leonard Treasury Accountant Name Name Name Name Name Name Title Signature Title Signature Title Signature Title Signature Title Signature Title Signature This certificate supersedes any certificate of authorized indi iduals you may currently have on file. [corporate ` seal] [SIGNATURE] Title: Wi.,joy' Date: to. it. LO