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20-R-27 - Extension of the Bank Depository agreement with Schertz Bank & Trust19 I&TO RU I WIMMI Ola 1 31a Unk,"A V a wX ; Dit TAW, %am UNIA W1X%M 1 11410 VMEREAS, the City staff entered into a bank depository agreement with Schertz Bank A Trust on August 1, 2016 per resolution 16-R-50 for a three-year term with two options for one- year extensions; and VMEREAS, the City Council has detennined that it is in the best interest of the City to extend the bank depository agreement for the last one-year extension pursuant to the Bank Depository Agreement. oil Section 1. The City Council hereby approves the last of the available one-year extensions for bank depository services with Schertz Bank & Trust.. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a [cart of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. i1 i.`i!. ±i1. 111.111111,11111 OTMEMN MW iffil -:11111110111111111111111 111 311MM 0113 V r MTOM �_ M Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section • It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 55 1, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. ATTEST.- C167—secretary �11;mq umrqszmu�� FMI m m m 21 .0a . rA This Bank Depository Agreement (this "Agreement") is dated and effective the lst day • August, 2016 by and between the CITY OF SCHERTZ, TEXAS (the "City") and SCHERTZ BANK & TRUST (the "Bank"), a bank chartered by the State of Texas. IRM= WHEREAS, the City desires to enter into a depository contract for the deposit of the City's public funds; and • Ki-AW-3 I KIM I kiwjLlel 14 1 E I$ L-7M *N N I IMOWLIVIii $I0.) I (a) VAM 11 WHEREAS, the City, after due consideration of all proposals for City depository, has selected the Bank as the applicant offering the most favorable terms and conditions for the handling of the City's funds. The City, through action of its City Council, hereby designates the Bank as its depository for banking services for a three (3) year period commencing August 1, 2016 and extending through January 31, 2019 with two options for one-year extensions, if approved by the City Council. gn7rinjo !, - a e 1 l i CWMVITI It Any and all fees from the Custodian associated with the safekeeping of securities pledged to the benefit • the City shall be borne by the Bank. Section 3. Collateral City time and demand deposits, miclusive of interest, in excess of the Federal Deposit Insurance Corporation insurance shall be secured at all times by collateral, acceptable to the City and in accordance with the Public Funds Collateral Act (Texas Government Code 2257, as amended), pledged by the Bank and held in trust by the Custodian named in Section 2 in an amount equal to at least 102% • the total • those fimds. The Custodian will provide a monthly report • the collateral directly to the City. 1J1111 Section 4. Financial Position The Bank will provide the City with a statement of its fmancial position on at least a quarter] I basis. The Bank will provide an annual statement audited by its independent auditors including letter as to its 'Tair representation." MIEF A ISE= For the term of this contract, the City and Bank designate the individuals as listed in Exhibit as authorized to represent and act for the City and the Bank, respectively, in any and all maltta including collateral assignment and substitution, and, upon further written authorization by the Ci with respect to the designated Bank officials, execution of agreements and transfers of funds. change in these representatives by either party will be made in writing to the other party. Section 6. Scope of Services The Bank's response to the RFP (the 'Response") is attached as Exhibit C. and is incorporated into this Agreement for all purposes. If any provisions of the Response and this Agreement are in conflict this Agreement will control. The City hereby designates its choice of Option Two for Bank Weposit Services under Attachment A to the Response (maintenance • $500,000 combined average collected balance in lieu of Account Analysis fees). _-J I % I I • L I ALI- 'Wf-4W4: , I _11ST 2114 - �111 deposit'd in the Bank. The City may arrange for time deposits, and Bank may accept such deposits subject to the terms of the Bank's Response. This Agreement, along with all Exhibits and other incorporated documents shal constitute the entire Agreement between the parties. i'111111111111,11 1 111 IIIIIIIIIIIIS111 11 1111111 1 1, 411111 11 ! 1ltlrI M, "IM Subject to the service Option selected by the City in Section 6, the Bank will be compensated for any and all services rendered to City under this Agreement. The Bank agrees to offset monthly service fees against its customary earnings credit for balances in the City's own- interest bearing accounts. The Bank shall be in default if it fails to pay all or part • a demand deposit, a matured time deposit, • a matured certificate of deposit, including accrued but unpaid interest, at a specified maturity date. The Bank shall also be in default if ruled "bankrupt Insolvent • "failed" by a federal or state banking regulator, or if a receiver is appointed for the Bank. Section 9. Non-Assignability This Agreement is not assignable in whole or in part but is binding on the parties, their successors and assigns. This Agreement shall remain in full force and effect until the end of its term or until amended, cancelled, • superseded by a new bank depository contract. No provisions • this Agreement shall be deemed waived, amended, • modified by either party unless and until such waiver, amendment, • modification is in writing and signed by the parties to this Agreement. Section 11. Terminntion This Agreement may be terminated by the City at any time with or without cause by gg thirty (30) days prior written notice to the Bank. W -Tar, M -- %L I = All notices and correspondence to the City by the Bank or to the Bank by the City shall be deemed given when either delivered. in person or deposited in the U.S. Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, •addressed to the appropriate party at the following address: If to the City: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, Texas 78154 If to the Bank: Schertz Bank& Trust Attention: Operations Officer 519 Main Street Schertz, Texas 78154 In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable LOOM-61 TIV-4&ffic if invalid, illegal, or unenforceable provision had never been contained herein. The Bank represents and warrants that this Agreement is made pursuant to and is duly authorized by the Board of Directors of the Bank and recorded in the official records of the Bank. EXECUTED on this the day of 2016. 0 um- Safekeeping [a M NIONOROMMLy M) OEM I • YMI mamm, MOM W. Wmam ► is -1 1 lit, 7111!, %i Y. RPIR 1. 111 111 11,101 11�111 11,111 1 7 111 pi!11,11111 R,1,16P 0 0411 14A, Rtj tieNj Ito) (e) 7be Bank is authorized to re-register the Securities in the name of the Bank or its nominee unless alternative and acceptable registration instructions are promptly furnisbed by th2 Depositor. L11 MII N Mag =1 MI *LON M PF�% V (C i)1 jO[jK#jkTj I v # , MI-A The )Bank shall exercise commercially reasonable care in receiving, holding and handling the Securities. The Bank will exercise the commercially reasonable care expected of a professional custodian for hire with respect to the Securities in its possession or control. MI- 0 QI WO I I I FATAIMMUMVI , RW# rMT4 .ii ► 1' received by the Ba emitted to the Depositor. 3 (h) The Bank shall present all maturing bonds and coupons for collection and is authorized to receive payment of income and principal on other Items in accordance with their terms. All funds so collected shall be credited to the Account or remitted in accordance with the instructions of the Depositor. Depositor acknowledges and agrees that the Bank shall not be liable for any loss or damage arising out of cause beyond the Bank's control. The Bank shall not hold Securities which are issued by foreign governments or foreign cY.1 panies ► for which the principal trading market is located outside the United States hereunder, Should the Bank elect to hold such securities, such activities shall be governed by a separate agreement between the bank and the Depositor. (c) The Bank shall have a Roa on the Securities mi the Account to secure payment of such fees and expenses, taxes, advances and other charges incurred under this Section 9. 'Me Depositor n!L time held by or through it in accordance with thi for the benefit of the Depositor or in ��- �1.10 # �11 � I (d) The Bank is hereby authorized to charge the Depositor's deposit account number ��0199*81257 for aH fees and charges incurred or assessed hereunder. (Analysis) I I UVAIN WO I Ole I a 0 my] ef -,I 13 1 It it 1111 I VIA I I-YAQVICRIVII IRALSHMN 0 KORN In addition to other rights granted to the Bank pursuant to the terms of this Agreement, the Bank Q �Ml -)IRICS ► ► bulm, al: tWULMITW-IALCFIM,11-L UOICTI, 91 h 0 IM-1 TTL 11 AS Riat'RUTILS 1010,11•7 as required in connection with any Securities. IN-1 =-- =-- FAVI D) 10 I NTI I DI Cy 01 0 NOR (30) days' prior written notice to the Depositor. MU" M-.101 WW 0 11MR4 WOR This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. TSjffLT—ffl !RD 415GN# ,&T WI1 F EU416 I MITMRIMMM - F i MMT#I7M7UiI M.- KIWITWIMs Me I W-410-11-1-44 LWITJ 04a.. 1 1191 ON 11101019 N V 19 Rty� I ALTIN V I . i&,QrrQI Wm 1111 1, {• M, within the thirty (30) day period shall be deemed by the parties hereto to constitute accord and satisfaction. As soon as practicable following termination of this Agreement, the Bank shall deliver all Securities to the Depositor in accordance with the Depositor's written instructions. 1... notice to be given or to be served upon any party hereto in connection with this Agreement must be in writing, and shall be given by certified or registered mail, facsimile transmission ("fax") or express courier and it be deemed to have been given and received twenty-four (24) hours after a �oerkli;f'�w Am.Vi'd, �'' I postage prepaid, is deposited in the United States mail. Such notices shall be given to the parties hereto at the following addresses: The Frost National Bank P.O. Box 1600 San Antonio, Texas 78296 Attention: Custody Services Department Facsimile No.: (210) 220 - 5986 HEM= Schertz Bank & Trust (Customer Accoun, P,O. Box 300 Sr-hertz, Texas 78154 Attention: Melvin F . Go Ila VacsimileNo.- Any notices served by fax shall be deemed to have been given and received only when written confirmation ♦ the receipt of such fax has been received by the sender. Any party hereto may, at any time by giving fifteen (15) days' written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice diall be given, PURLWARANI-XIOM (a) This Agreement may be executed in any number of countexparts; each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute, but one agreement. (b) Whenever the context hereof shall so require the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa. such invalid, illegal, or unenforceable provision had never been contained herein. [(• ) The Addendum to Safekeeping Agreement attached hereto is incorporated herein and made a part hereof for all purposes.) IN WITNESS WHEREOF, the parties thereto executed this Agreement as of the day and year first above-written. M By--o—L-tieA K102 Title. Assistant Vice President Nwne:Melvin F. Golla,,_ Title: President [AMPIU-139-091 F-TRI It For the term of this Agreement, the City and the Bank designate the individuals listed below as authorized to represent and act for the City and the Bank, respectively, in any and all matters including collateral assignment and substitution, and, upon further written authorization • the City with respect to Bank officials, execution of agreements and transfers of funds. Any changes in these representatives by either party will be made in writing to the other party. �i i1 i Mj '141 i1 I'A WAII MMMITINTSM-7-IM, IM +l all It i i s r I i MY OF :ERTZ ATTACMMNTA 2016 Schedule of Proposed es Activity volumes tire estimates based I historical 'r he APP Code for .... of • services hag beer provided • necessary. N6v based on available firEbrination. Changes n vol ames, account .,r r additional clarificadon ofinflarmation rli ... 1 ^1r I'r at the Citys request Ii i Ilil ♦:n i �: • ii 1 ii 1 i # iY... ' •r,. r OTC 1 r rl I DIM, l r Y • I r..r •; .... i- tti ':. . 1 :r a 11 ' 1 .. thereafter t on Sufficient item fee m fi trill Ilr seriptionFee e Reporting Module Day. Balance Reporting (!1liM Intr-DayReporting rr Positivepaymodide StopPayModule Charged per stop payment no charge for module Wire TransferModule ''.li rr �:r• r:a ii '.li Vx.. I •I III .sr v.... '. ... • i litii i r i•r.-:r - Verificat 1111 MY OF ERTZ ATTACMMNTA 2016 MY OF SCHERTZ ATTACHMENT ro. CITY OF :: ATTACHMENT A 2016 CrrY OF SCHERTZ ATTACHMIENTA 2016 VIG swfioe Usit Basis MO/ ExplanatozyNotcs, as applicable Code* Vol. Vol CI-P VOL Inte , robarge — COS(— Association assessment K Total cost per item is —Cost a*' b %e Addftiaml bank fee Is MC MC (Nom Intexoharw I % _EE M AssooiatiDnasawsment 7m7- 9f TO ml cost Adftmal buk fee 0 Equipment R Terminal Permonth Below fees depend upon which terminal City needs/wants Water Per month PIN pad Per month ChookReader Permonth bwrinter Perm omh Softwm-e fee Permonth ME."WYM.S. ii idlt rauce (Bast) Fee Peemowth — jPMZWNsIRg, . PlIrIWI, per hefly MLC-- �_603_2jjATM daah VAflklmwal For trem 060324 CLRushadvan Per item 060403 ATM EWance bqt&y zy it 01N000 Overdmfi Fea per ftem 1 Card arigivaion Porirem 060100'EUFOHment Per card Noffications Perkem 060101 Corrections For item 0_60220' Replan ementFee Pgr card N_/C jtRQx__ -Nd P-p jtRQx__ --Sdc Depos — N X_ - _. Add addidenal few as necessaxy. If the City maintains a combined average collected balance (cheeldug and certfficates of deposit) of $500,000.00, then I there will ► no Account Analysis fee charged to the account, however there could be vendors' costs, i.e.: Merchant Cali Services, etc. Om CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2016-95223 Schertz Bank & Trust Schertz, TX United States Date Filed: 2 Name of governmenta entity or state agency that is a party to the contract for which the form is 08/04/2016 being filed. City of Schertz Date Acknowledged: 08/05/2016 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 741469344 Depository .. ..... .................... Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Schertz Bank & Trust Schertz, TX United States -- ----------- X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the _ day of 20_, to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.lx.us Version V1.0.277