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HomeMy WebLinkAboutContract 41645-A1 (2)CITY SECRETARY CONTRACT NO. Lak•\\J-½- �1 AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 41645 GLOBAL SECURITIES AGENCY LENDING AGREEMENT This Amendment is entered into by and between the CITY OF FORT WORTH (hereafter "Lender"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, with its principal place of business at 1000 Throckmorton Street, Fort Worth, Texas, and CITIBANK, N.A., a national banking organization (the "Agent"), with principal offices at 111 Wall Street, 15th Floor, New York, New York 10043. RECITALS WHEREAS, the parties have previously entered into City of Fort Worth City Secretary Contract No. 41645, a Global Securities Agency Lending Agreement (the "Agreement"), which . was executed o , 2011; and &SA& 3I ) iv(24, WHEREAS, the Agreement involved the appointment and acceptance of the Agent to lend certain of the Lender's securities upon the terms and conditions set forth in the Agreement; and WHEREAS, the parties now wish to clarify the term of the Agreement for continued services pursuant to the original Agreement. NOW, THEREFORE, Lender and Agent, acting herein by the through their duly authorized representatives, agree to the following terms to amend the Agreement: 1. Section 15 of the Agreement, Termination, is hereby replaced in its entirety and shall read as follows: 15. Term and Termination. a. The Initial Term of this Agency Agreement shall be April 1, 2011 to March 31, 2012 The City shall have the option to renew this Agreement for nine (9) successive terms of one year each. b. Each party may terminate this Agency Agreement and the Agent's authorization as securities lending agent for the Lender at any time upon giving not less than fifteen (15) days prior written notice to the other. The parties hereby acknowledge and agree that, even after notice OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX of termination of this Agency Agreement is given and effective, the Agent shall continue (unless specifically instructed to terminate or novate the Loans) to act as the Agent for the Lender as set forth herein with respect to any Loans outstanding at the time notice of termination is given until such Loans terminate. c. Notwithstanding anything else contained herein, the following terms shall survive the termination of this Agency Agreement: 4, 5, 6, 7, 8, 11, and 12 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. Executed on this the 15%- day of CITY OF FORT WORTH: By: aAtil Karen .Montgomery Assistant City Manager Date: ATTEST: By: Marty Hendrix City Secretary 0*%„ , 2011. CITIBANK, N.A. Agent • By: 01,1_44)2 Name: ilsav y { e, Title: M0,119(1.15 Date: h ' 1 )cF2_cfl aa'�� .o�'' � t7►A T �a 4 1%,oU oao4000 poo� ?).A ors0 8 It gji o°.�c dd A' ��� °a00000 o° AY �4nA.t�Lv�.4 'ar APPROVED AS TO FORM AND LEGALITY: B 1 Males a B Farmer Assistant City Attorney Contract Authorization: M&C: P-11216; Approved 3/22/2011 Fort Worth / Citibank — Global Securities Lending Agreement Amendment No. 1 to CSC No. 4(47 14 Page 2 of 2 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/22/2011 DATE* Tuesday, March 22, 2011 REFERENCE NO.: P-11216 LOG NAME: 13P10-0451 SECURITIES LENDING MJ SUBJECT: Authorize Execution of a Professional Services Agreement with Citibank for the City's Securities Lending Program RECOMMENDATION. It is recommended that the City Council authorize the City Manager to execute an Agreement with Citibank to manage the City's collateralized securities lending program. DISCUSSION: This Agreement will provide securities lending services in accordance with the specifications, terms and conditions as directed by the City. Securities lending is a cash management strategy involving the lending of the City's securities to a primary dealer with the substitution of securities of greater market value being safe -kept by a third party custodial bank in an account in the City's name. The program is designed so that the City earns supplemental income on the portfolio without losing ownership or interest payments on the loaned securities The safety of the City's securities is guaranteed. Past agreements have provided approximately $250,000.00 average annual revenues to the City. There is no cost to the City. The Purchasing Division issued a Request for Proposals (RFP) on May 19, 2010 soliciting qualified firms to provide certain comprehensive securities lending services in accordance with the specifications, terms and conditions as directed by the City. The evaluation factors included demonstration of the qualifications, competence and capacity of the firm to provide the services, collateral acceptance and investment, aggregate program management, client reporting, securities lending performance and City earnings potential. An evaluation panel was made up of representatives from Financial Management Services and Public Events Departments. Proposals were received from Citibank, Frost National Bank and Morgan Stanley. The recommended vendor, Citibank was determined to be the most qualified to perform the services required. BID ADVERTISEMENT - This bid was advertised in the Fort Worth Star-Telearam on Wednesdays from May 19, 2010 through June 16 2010. The Purchasing Division solicited 16 vendors from the purchasing system database and three proposals were received. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERM - The initial term of the Agreement will begin April 1, 2011 and expire March 31, 2012 http://apps.cfwnet org/ecouncil/printmc.asp?id=14925&print=true&DocType=Preview 4/22/2011 Page 2 of 2 RENEWAL OPTIONS - This agreement may be renewed for up to nine successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Financial Management Services Department, Revenue Office will be responsible for the collection and deposit of funds due the City under this agreement. BQN\10-0451 \MJ FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 1. MWBE Waiver pdf (CFW Internal) Karen Montgomery (6222) Lena Ellis (8517) Jack Dale (8357) Marilyn Jackson (2059) http://apps.cfwnet.org/ecouncil/printmc.asp?id=14925&print true&DocType Preview 4/22/2011