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R-06-03-09-9B2 - 3/9/2006RESOLUTION NO. R -06-03-09-9B2 WHEREAS, the City, on April 30, 2002 entered into a Depository and Banking Services Contract with Bank of America, N.A., said Contract providing for expiration on April 30, 2004, 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's Comprehensive Investment Policy, which period expires on April 30, 2007, and WHEREAS, by Resolution No. R -04-04-22-14F4 dated April 22, 2004, the City and Bank of America, N.A. did extend the Depository and Banking Services Contract until April 30, 2006, and WHEREAS, the City and Bank of America, N.A. now desire to extend the Depository and Banking Services Contract for a period of one additional year, so that the term of said Contract shall expire on April 30, 2007, 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. 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 open to the @PFDesktop\::ODMA/WORLDOX/O:/ WDOX/RESOLUTI/R60309B2. WPD/jkg 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 9th day of March, 2006. TEST) XL, Mayor C y of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secr tary 2 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"), and said Contract was dated April 30, 2002; and WHEREAS, paragraph II of the Contract provides that the Contract may be extended by mutual agreement of the City/Depositor and the Bank by mutual agreement for a period not to exceed the period allowed by the City/Depositor's Comprehensive Investment Policy, which period expires on April 30, 2007; and WHEREAS, the terms of the initial Contract provided for an expiration date of April 30, 2004 unless extended by mutual agreement of the parties thereto; and WHEREAS, by Resolution No. R -04-04-22-14F4 dated April 22, 2004, said Contract was extended until April 30, 2006; and WHEREAS, the City/Depositor and the Bank now wish to extend the Contract for an additional year until April 30, 2007, which date falls within the period allowed by the City/Depositor's Comprehensive Investment Policy; Now, therefore, the parties agree 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 until April 30, 2007. II. All other terms and provisions of the Contract shall remain unchanged and in full force and effect. Executed in multiple originals to be effective on March 9, 2006, by the undersigned duly authorized officers of the parties to the Contract. CITY OF ROUND ROCK, TEXAS BANK OF AMERICA, N.A. By: Nyle Maxwell, Mayor Date Signed: ATTEST: Christine R. Martinez, City Secretary 00096840/jkg By: Name: Title: Date Signed: b EXHIBIT fl 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"), and said Contract was dated April 30, 2002; and WHEREAS, paragraph II of the Contract provides that the Contract may be extended by mutual agreement of the City/Depositor and the Bank by mutual agreement for a period not to exceed the period allowed by the City/Depositor's Comprehensive Investment Policy, which period expires on April 30, 2007; and WHEREAS, the terms of the initial Contract provided for an expiration date of April 30, 2004 unless extended by mutual agreement of the parties thereto; and WHEREAS, by Resolution No. R -04-04-22-14F4 dated April 22, 2004, said Contract was extended until April 30, 2006; and WHEREAS, the City/Depositor and the Bank now wish to extend the Contract for an additional year until April 30, 2007, which date falls within the period allowed by the City/Depositor's Comprehensive Investment Policy; Now, therefore, the parties agree 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 until April 30, 2007. II. All other terms and provisions of the Contract shall remain unchanged and in full force and effect. Executed in multiple originals to be effective on March 9, 2006, by the undersigned duly authorized officers of the parties to the Contract. CITY OF ROUND ROCK, TEXAS BANK OF AMERICA, N.A. By: Nyle Maxwell, Mayor Date Signed: ATTEST: Christine R. Martinez, City Secretary 00096840/jkg By: Name: Title: Date Signed: DATE: March 2, 2006 SUBJECT: City Council Meeting - March 9, 2006 ITEM: 9.B.2. Consider a resolution authorizing the Mayor to execute an Agreement Extending the Depository and Banking Services Contract with Bank of America, N.A. Department: Finance Staff Person: Cindy Demers, Finance Director Justification: The current depository contract with Bank of America expires April 30, 2006. This one (1) year extension allows the City to continue to receive the depository services with no additional increases in fees for services over this one-year period. There are no changes to the current contract other than the time extension. Funding: Cost: Approximately $48,000 per year Source of funds: General and Utility Operating Funds Outside Resources: N/A Background Information: The City is required to contract for depository services. The Local Government Code and the City's Investment Policy require that the City request proposals for depository services every five (5) years. Bank of America submitted the winning proposal in 2002. This extension takes the contract out an additional one (1) year, for a final year as permitted by law. Public Comment: N/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"), and said Contract was dated April 30, 2002; and WHEREAS, paragraph II of the Contract provides that the Contract may be extended by mutual agreement of the City/Depositor and the Bank by mutual agreement for a period not to exceed the period allowed by the City/Depositor's Comprehensive Investment Policy, which period expires on April 30, 2007; and WHEREAS, the terms of the initial Contract provided for an expiration date of April 30, 2004 unless extended by mutual agreement of the parties thereto; and WHEREAS, by Resolution No. R -04-04-22-14F4 dated April 22, 2004, said Contract was extended until April 30, 2006; and WHEREAS, the City/Depositor and the Bank now wish to extend the Contract for an additional year until April 30, 2007, which date falls within the period allowed by the City/Depositor's Comprehensive Investment Policy; Now, therefore, the parties agree 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 until April 30, 2007. II. All other terms and provisions of the Contract shall remain unchanged and in full force and effect. Executed in multiple originals to be effective on March 9, 2006, by the undersigned duly authorized officers of the parties to the Contract. CITY OF ROUND ROCK, T By: ...gee :4/ e , May D ate Signed: 3-9- o [d ATTEST: Christine R. Martinez, City Secretary 00096840/jkg R-01.-03.09.9132, BANK OF AMERICA, N.A. By: /v( Name: e /'°se, k, ,Coin®i, Title:,i^es f`re 4, r` Date Signed: Aez-CG, 9 2006,