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R-04-04-22-14F4 - 4/22/2004RESOLUTION NO. R -04-04-22-14F4 WHEREAS, the City, on April 30, 2002 entered into a Depository and Banking Services Contract with Bank of America, N.A., said Contract terminating 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, the City and Bank of America, N.A. desire to extend the Depository and Banking Services Contract for a period of two years, so that the term of said Contract shall expire on April 30, 2006, 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 public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted (kPFDesktop,::ODMA, W ORLDOX'O:WDOX'RES OLUTI/R40422F4. WPD sc upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of April, 2004. AT',SIT: ELL, ayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar 2 AGREEMENT EXTENDING DEPOSITORY AND BANKING SERVICES CONTRACT WHEREAS, the City of Round Rock, (hereinafter referred to as "City/Depositor,") and Bank of America, N.A., (hereinafter referred to as "Bank") entered into that one certain Depository and Banking Services Contract (hereinafter referred to as "Contract") dated the 30 day of April, 2002, and WHEREAS, under the terms of the Contract, it expires on April 30, 2004 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 ofthe 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, City/Depositor and Bank now wish to extend the Contract for two years until April 30, 2006, Now Therefore it is Agreed 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, 2006. II. All other terms and provisions of the Contract shall remain in full force and effect. Executed in multiple originals to be effective on the 22nd day of April, 2004, by the undersigned duly authorized officers of the parties hereto. BANK OF AMERICA, N.A. By: , its EXHIBIT 2 ATTEST: Christine Martinez, City Secretary CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor 2 DATE: April 16, 2004 SUBJECT: City Council Meeting - April 22, 2004 ITEM: 14.F.4. Consider a resolution authorizing the Mayor to execute an Agreement Extending Depository and Banking Services Contract with Bank of America, N.A. for a two year extension of depository and banking services. Department: Staff Person: Justification: Finance David Kautz, Assistant City Manager/Chief Financial Officer Cindy Demers, Finance Director The current depository contract with Bank of America expires April 30, 2004. This two (2) year extension allows the City to continue to receive the same services with no additional increases in costs per services over this two year period. There are no changes to the current contract other than the time extension. Funding: Cost: Approx. $48,000 per year Source of Funds: General and Utility Operating Funds Outside Resources: N/A Background Information: Public Comment: N/A The City if 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 two (2) years for a total of four (4) years. EXECUTED DOCUMENT FOLLOWS AGREEMENT EXTENDING DEPOSITORY AND BANKING SERVICES CONTRACT WHEREAS, the CityofRound Rock, (hereinafter referred to as "City/Depositor,") and Bank of America, N.A., (hereinafter referred to as "Bank") entered into that one certain Depository and Banking Services Contract (hereinafter referred to as "Contract") dated the 30`h day of April, 2002, and WHEREAS, under the terms of the Contract, it expires on April 30, 2004 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 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, City/Depositor and Bank now wish to extend the Contract for two years until April 30, 2006, Now Therefore it is Agreed 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, 2006. II. All other terms and provisions of the Contract shall remain in full force and effect. Executed in multiple originals to be effective on the 22"d day of April, 2004, by the undersigned duly authorized officers of the parties hereto. BANK OF AMERICA, N.A. CITY OF ROUND ROCK, TEXAS Christine Martinez, City Secretary 2