Res 2015-135/approving an agreement between the City and Wells Fargo Bank, N.A. for the provision of Depository Services contingent upon the depository’s provision of sufficient insurance in accordance with the attached agreement

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1.5 The Depository and the City, designate the Bank of New York Melton as the Custodian. to hold in trust, according to the terms and conditions of this Agreement, any necessary collateral and substitute collateral, which may be required under this r'lgrcement. 1.6 The Depository will use its best efforts to promptly notify the City in writing of any changes in Federal. or State regulations or laws that would materially affect this Agreement. The Depository will also use its best efforts to notify the City of any services that become available to the City throughout the term of this Agreement. "Ihe Depository's primary service location for purposes of this Agreement is its branch located at 123 North E?dward Gary Street, San Marcos, Texas 78666 -5703, San. Marcos, Texas. The City will address all service problems to the Depository Representative. ARTICLIT, 2 DEPOSITORY SERVICES 2.1 RI±:OU lED AND OPTIONAL SERVIt:;I +:.; 2.1.1. The services included in this agreement are detailed in the City's Request for Applications ( "IZFA" and the Depository's Response to the City's IZFA which are both by reference as detailed in subsection 2.1.3 below. 2.1.2 The Depository's services do not include any investment transaction activities other than safekeeping services as described in the IZFA. In connection with any such safekeeping services, the Depository will comply with the City's Investment Policy. The City will have sole discretion regarding City funds. The City is Linder no obligation to maintain funds with the Depository except under a compensating balance situation. 2. L' ) Goth the City and the Depository acknowledge and agree that the following documents are incorporated as part of this Agreement for all intents and purposes: a) [depository's Application Form and Responses to IZFA 215 -1.78 (Attachment A) b) Depository's Fee Schedule and. Earnings History Form (Attachment B); c) The City's RFA (included by reference); d) Depository's Master Afeement for Treasury Management Services, related acceptance of services documents and service descriptions, and, including; by reference, all other associated documents necessary for the implementation of the Master Agreement for Treasury Management Services, and. Depository's applicable account agreement tD (Attachment C); e) Depository Pledge Agreement (Attachment D); t) Safekeeping Agreement (attachment E) and Safekeeping Addendum (Attachment F); g) The City's RFA (included by reference); h) Any other service agreements and forms and documentation as determined necessary by the Depository and the City during the course of the agreement, in order to provide the services requested herein. In the event of conflict, dispute, or discrepancy between the provisions of this Agreement and the 2