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HomeMy WebLinkAbout2015 CON Chandler Asset Management - Investment Management Services - Amendment #3THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC. THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 17th day of November, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CHANDLER ASSET MANAGEMENT, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, on November 15, 2011, the City Council adopted Resolution No. 2011-244, authorizing the CITY to enter into an Agreement with CONSULTANT (the "Agreement") wherein the CONSULTANT agreed to provide investment management and advisory services for the City for a term of two years with three additional one-year options, and fees based on the average balance of assets under CONSULTANT'S direct management at the annual rate of six basis points (0.06 of 1%); and WHEREAS, on March 18, 2014, the City Council adopted Resolution No. 2014-36, approving the First Amendment to the Agreement to reinstate the Agreement and extend the term to November 15, 2014; and WHEREAS, on November 18, 2014, the City Council adopted Resolution No. 2014-160, approving the Second Amendment to the Agreement to reinstate the Agreement and extend the term to November 15, 2015; and WHEREAS, the CITY and CONSULTANT desire to reinstate the Agreement and extend the term for one additional year to November 15, 2016. AGREEMENT NOW THEREFORE, the CITY and CONSULTANT agree as follows: 1. The Agreement is reinstated as of November 17, 2015; 2. This Amendment extends the term of the Agreement for the time period November 16, 2015 through November 15, 2016; and 3. The parties agree that each and every term and provision of the Agreement dated November 15, 2011 not specifically amended shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Third Amendment on the date and year first written above. [Signature Page to Follow] CITY OF NATIONAL CITY B on Morrison Mayor ROVED AS TO FORM: ud': . Silva City A . ey By: CHANDLER ASSET MANAGEMENT, INC. Corporations — signatures of two corporate offers required) 1 e) (Print) 'o BCD c-j- c (Title) By: L•4Ay (Name) bileD (Print) 0l)C10Q !/ (Title) 2015 Third Amendment 2 City of National City and to Agreement Chandler Asset Management, Inc. r RESOLUTION NO. 2015 — 166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC., REINSTATING AND EXTENDING THE AGREEMENT FOR INVESTMENT MANAGEMENT AND ADVISORY SERVICES TO NOVEMBER 15, 2016 WHEREAS, on November 15, 2011, the City Council adopted Resolution No. 2011-244, entering into a two year agreement with Chandler Asset Management, Inc., for the provision of investment management and advisory services to the City; and WHEREAS, on March 18, 2014, the City Council adopted Resolution No. 2014- 36, approving the First Amendment to the Agreement to reinstate the Agreement and extend the term to November 15, 2014; and WHEREAS, on November 18, 2014, the City Council adopted Resolution No. 2014-160, approving the Second Amendment to the Agreement to reinstate the Agreement and extend the term to November 15, 2015; and WHEREAS, the City and Chandler Asset Management, Inc., desire to reinstate the Agreement and extend the term for one additional year to November 15, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby reinstates the Agreement and authorizes the Mayor to execute a Third Amendment to the Agreement with Chandler Asset Management, Inc., to extend the term of the Agreement for one additional year, expiring on November 15, 2016. The Third Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of Novemb 015. on Morrison, Mayor ATTEST: df6d) Michael R. Dalla, it Clerk lerk PROVED A : TO FORT Cti* . is Gacitua ilva City Attorney Passed and adopted by the Council of the City of National City, California, on November 17, 2015 by the following vote, to -wit: Ayes: Councilmembers Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: Councilmember Cano. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California N J �., CI rk of the City f City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-166 of the City of National City, California, passed and adopted by the Council of said City on November 17, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2015 AGENDA ITEM NO. 6 TEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the Agreement by and between the City of National City and Chandler Asset Management, Inc. for investment management and advisory services, reinstating and extending the agreement to November 15, 2016. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance PHONE: 619-336-4265 APPROVED BY: `W.e Xa l- - EXPLANATION: On November 15, 2011 the City Council of the City of National City approved an agreement with Chandler Asset Management, Inc. for investment management and advisory services for the City for two years with an option to extend the agreement under the same term and conditions for up to three (3) additional years beyond the initial contract expiration date of November 15, 2013. Staff now seeks to reinstate the agreement and exercise the third one (1) year option. This Amendment would extend the agreement for the time period November 16, 2015 through November 15, 2016. As stipulated in the agreement, Chandler's fee for service is the average monthly value of the City's portfolio multiplied by 0.06 of 1 % (6 basis points) annually, increasing to 0.10 of 1% (10 basis points) upon an increase of the Federal Funds rate. Staff will issue a Request for Proposals and seek City Council approval of a new investment management ind advisory services agreement prior to the expiration of the Third Amendment. FINANCIAL STATEMENT: APPROVED: ` %ate ACCOUNT NO. Finance APPROVED: MIS Based on the balance of the investment portfolio managed by Chandler Asset Management, Inc. as of September 30, 2015 the estimated annual cost is $13,000. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the Third Amendment to the Agreement by and between the City of National City and Chandler Asset Management, Inc., reinstating and extending the agreement to November 15, 2016 BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Contract Amendment 2. Resolution R t o k, \) A N o. ra O VS G 6 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC. THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 17th day of November, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CHANDLER ASSET MANAGEMENT, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, on November 15, 2011, the City Council adopted Resolution No. 2011-244, authorizing the CITY to enter into an Agreement with CONSULTANT (the "Agreement") wherein the CONSULTANT agreed to provide investment management and advisory services for the City for a term of two years with three additional one-year options, and fees based on the average balance of assets under CONSULTANT'S direct management at the annual rate of six basis points (0.06 of 1%); and WHEREAS, on March 18, 2014, the City Council adopted Resolution No. 2014-36, approving the First Amendment to the Agreement to reinstate the Agreement and extend the term to November 15, 2014; and WHEREAS, on November 18, 2014, the City Council adopted Resolution No. 2014-160, approving the Second Amendment to the Agreement to reinstate the Agreement and extend the term to November 15, 2015; and WHEREAS, the CITY and CONSULTANT desire to reinstate the Agreement and extend the term for one additional year to November 15, 2016. AGREEMENT NOW THEREFORE, the CITY and CONSULTANT agree as follows: 1. The Agreement is reinstated as of November 17, 2015; 2. This Amendment extends the term of the Agreement for the time period November 16, 2015 through November 15, 2016; and 3. The parties agree that each and every term and provision of the Agreement dated November 15, 2011 not specifically amended shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Third Amendment on the date and year first written above. [Signature Page to Follow] CITY OF NATIONAL CITY CHANDLER ASSET MANAGEMENT, INC. Corporations — signatures of two corporate officers required) By: Ron Morrison Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney By: (Name) (Print) (Title) By: (Name) (Print) (Title) 2015 Third Amendment 2 City of National City and to Agreement Chandler Asset Management, Inc. RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC., REINSTATING AND EXTENDING THE AGREEMENT FOR INVESTMENT MANAGEMENT AND ADVISORY SERVICES TO NOVEMBER 15, 2016 WHEREAS, on November 15, 2011, the City Council adopted Resolution No. 2011-244, entering into a two year agreement with Chandler Asset Management, Inc., for the provision of investment management and advisory services to the City; and WHEREAS, on March 18, 2014, the City Council adopted Resolution No. 2014- 36, approving the First Amendment to the Agreement to reinstate the Agreement and extend the term to November 15, 2014; and WHEREAS, on November 18, 2014, the City Council adopted Resolution No. 2014-160, approving the Second Amendment to the Agreement to reinstate the Agreement and extend the term to November 15, 2015; and WHEREAS, the City and Chandler Asset Management, Inc., desire to reinstate the Agreement and extend the term for one additional year to November 15, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby reinstates the Agreement and authorizes the Mayor to execute a Third Amendment to the Agreement with Chandler Asset Management, Inc., to extend the term of the Agreement for one additional year, expiring on November 15, 2016. The Third Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of November, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk November 30, 2015 Ms. Nicole Dragoo Chandler Asset Management, Inc. 6225 Lusk Blvd. San Diego, CA 92121 Dear Ms. Dragoo, On November 17th, 2015, Resolution No. 2015-166 Council of the City of National City, authorizing Agreement with Chandler Asset Management. We are enclosing for your records a certified copy executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Finance Dept. was passed and adopted by the City execution of Amendment #3 to an of the above Resolution and a fully