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<br />90. <br /> <br />BANKING SERVICES DEPOSITORY SERVICES AGREEMENT <br /> <br />This AGREEMENT is made this the 28th day of March ,2000, between <br />the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br />Norwest Bank Texas, N.A., ("Norwest") 123 North Edward Gary, San Marcos, Texas <br />78666, a federally chartered bank, for the provision of banking depository services. <br /> <br />The City and the Norwest agree as follows: <br /> <br />ARTICLE 1 <br />STANDARD OF PERFORMANCE <br /> <br />1.1 The performance of all services by Norwest in connection with this Agreement will <br />be by persons appropriately licensed or registered under State, local and Federal laws. <br />Norwest certifies that it is a federally chartered financial institution, a member of the <br />Federal Reserve System and is insured by the Federal Depository Insurance Corporation. <br />The depository services include, but are not limited to, the basic services of receiving <br />deposits, paying items, wiring funds out, receiving funds wired in, stop payments and other <br />norm~1 business banking activities. Norwest's services will not include any investment <br />transaction activities other than safekeeping services to include receiving and delivering <br />securities, coupon collections, and maturity collections. In performing all services under this <br />Agreement, Norwest will use that degree of care and skill ordinarily exercised for similar <br />projects by nationwide financial institutions that possess special expertise in the types of <br />services involved under this Agreement. <br /> <br />1.2 No work under this Agreement will be subcontracted by Norwest without prior written <br />approval from the City. Any work or services subcontracted under this Agreement will be <br />specified by separate written agreement and will be subject to each provision of this <br />Agreement. <br /> <br />1.3 Any provisions in this Agreement pertaining to the City's review, approval and/or <br />acceptance of written materials prepared by Norwest and/or its subcontractors, in <br />connection with this Agreement will not diminish Norwest's responsibility for the materials. <br /> <br />1.4 Norwest will perform all of its services in coordination with the City. Norwest will <br />advise the City of data and information Norwest needs to perform its services. The City <br />may require a review meeting with Norwest representatives occasionally to evaluate the <br />working relationship between the City and Norwest. The objective of these meetings is to <br />address any problems and to discuss the procedures involved in protecting the City's funds <br />and pledged collateral. These Norwest personnel: <br /> <br />John T. Ferguson <br />Raenel V. Schertz <br />Emily L. Smith <br /> <br />Senior Vice President <br />Store Manager <br />Customer Service Representative <br /> <br />1 <br />