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CC RES 2016-012 RESOLUTION NO. 2016-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE FORM OF A CUSTODIAN AGREEMENT WITH VINING-SPARKS IBG, LIMITED PARTNERSHIP, DESIGNATING "AUTHORIZED OFFICERS" AND TAKING CERTAIN OTHER ACTIONS RELATING THERETO. WHEREAS, the City of Rancho Palos Verdes (the "City") desires to ensure certain of its property, including cash and assets of the City, are maintained safely in accounts under the safekeeping of a custodian, invested in accordance with the City's investment policy and subject to the City's Municipal Code, and pursuant to the direction of the City Manager, Deputy City Manager and Finance Director; and WHEREAS, Vining-Sparks IBG, Limited Partnership (the "Custodian") is a nationally recognized investment company that offers such services, and has offered to provide such services to the City subject to the terms of a Custodian Agreement (the "Agreement"); and WHEREAS, the Custodian has additionally agreed to waive all fees set forth in Exhibit A to the Agreement; and WHEREAS, the City Council now desires to approve the form of said Agreement, and to designate the City Manager, Deputy City Manager, and Finance Director of the City as "Authorized Persons" with the power to provide direction to the Custodian, subject to the limitations of the Agreement, the City's Municipal Code, and the City's investment policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1. Each of the recitals set forth above is true and correct and is incorporated as part of this decision. Section 2. The City Council hereby approves the form of the Agreement, subject to a waiver by Custodian of all fees set forth in Exhibit A thereto. The City Manager, the Deputy City Manager, and the Finance Director (collectively the "Authorized Persons" and each an "Authorized Person"), each acting alone, are hereby authorized and directed to execute the Agreement in said form, together with such immaterial additions thereto or changes therein as the Authorized Person shall deem necessary, desirable, or appropriate, and the execution of the Agreement by an Authorized Person shall be conclusive evidence of the approval of any such additions and changes. However, no change to the fee structure set forth in Exhibit A of the Agreement may be made without approval by the City Council. The City Council further authorizes the delivery and performance of the Agreement. Section 3: The City Council hereby designates the City Manager, Deputy City Manager, and Finance Manager as an "Authorized Person" within the meaning of Section 8 of the Agreement, with authority to provide "Instructions" as such term is defined in Section 8 of the Agreement; provided, however, that no Authorized Person may provide any Instruction in conflict with the City's Municipal Code or the City's investment policy. Section 4: The City Council hereby directs City staff, including the Authorized Persons, to take all actions necessary for consummation of the transactions described herein, including executing any necessary certificates and taking any other related actions. PASSED, APPROVED AND ADOPTED this 15th day of March 2016. 010- Mayo, Attest: 4_ / 7{ ,7 II _,City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No 2016-12 was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 15, 2016. afir I / , City Clerk 01203.0007/277896.1 Resolution No. 2016-12 Page 2 of 2