File #: 2024-0408   
Type: Program Status: Passed
File created: 5/31/2024 In control: Finance, Budget and Audit Committee
On agenda: 7/18/2024 Final action: 7/25/2024
Title: AUTHORIZE the Chief Executive Officer to execute Modification No. 3 to Contract No. PS133590000 with U.S. Bank N.A. in the amount of $500,000 to continue to provide custodial banking services, increasing the contract value from $1,100,370 to $1,600,370 and extending the period of performance from December 31, 2024 to March 31, 2025.
Sponsors: Board of Directors - Regular Board Meeting
Indexes: Budgeting, Contracts, Coronavirus Aid, Relief, and Economic Security Act, Coronavirus Disease 2019 (COVID-19), Coronavirus Response and Relief Supplemental Appropriations Act of 2021, Debt Service- Enterprise (Project), Governmental And Oversight Activities (Project), Investment And Debt Management (Project), Market value, Policy, Procurement, Program, Project, Security
Attachments: 1. Attachment A - Procurement Summary, 2. Attachment B - Contract Modification/Change Order Log, 3. Attachment C - DEOD Summary, 4. Presentation
Related files: 2024-0937

Meeting_Body

FINANCE, BUDGET AND AUDIT COMMITTEE

JULY 18, 2024

 

Subject

SUBJECT:                     CUSTODIAL BANKING SERVICES

 

 

Action

ACTION:                     APPROVE RECOMMENDATION

 

Heading

RECOMMENDATION

 

Title

AUTHORIZE the Chief Executive Officer to execute Modification No. 3 to Contract No. PS133590000 with U.S. Bank N.A. in the amount of $500,000 to continue to provide custodial banking services, increasing the contract value from $1,100,370 to $1,600,370 and extending the period of performance from December 31, 2024 to March 31, 2025.

 

Issue

ISSUE

 

The Contract Modification will ensure uninterrupted custodial banking services for Metro through March 31, 2025. The action will allow staff sufficient time to procure these services through a competitive procurement process, expanding participation opportunities for small businesses and local community banks. This also allows for a three-month transition period.

 

The existing contract with US Bank N.A. will expire on December 31, 2024.

 

Background

BACKGROUND

 

Metro’s Investment Policy requires that securities purchased for the investment of operating funds be maintained in the trust department or the safekeeping department of an established bank. Staff uses the services of a custodial bank, in compliance with the Board approved Investment Policy.  Custodial banking charges are a combination of asset-based fees and transaction fees.  Asset-based fees apply a fixed percentage based on the market value of investments.  Transaction fees are fixed amounts charged per transaction on trading activity.

 

The current contract, inclusive of a three-year base term and two, one-year renewal options, was awarded in July 2019 to U.S. Bank Institutional Trust & Custody in the amount of $1,000,370. It was subsequently modified to increase the contract value by $100,000 and extend the term by three months through December 31, 2024.

 

Discussion

DISCUSSION

Metro’s operating funds, the pool of revenue used to pay expenses such as project costs, payroll, fuel, and supplies must comply with the Board approved Investment Policy. The Investment Policy requires an external trust bank to provide custodial services of operating funds, compliance reporting, and performance measurement services.

The original contract was based on a lower estimated total of assets under custody. Metro experienced a significant increase in investment holdings and trade volume since the contract's inception in late 2019. As of March 31, 2024, the number of accounts has grown from nine to fifteen, and the market value of investments has increased from $1.2 billion to $3.1 billion (a 158% increase). This increase is primarily due to federal fund receipts due to COVID-19 along with strong sales tax performance post pandemic. In FY21, Metro received $862 million in CARES funds and $776 million in CRRSAA funds. In FY22 and FY23, Metro received $1,269 million in ARPA funds. Although the custodial fee rates have not changed, the increase in funds from CARES, CRRSAA, and ARPA resulted in higher fees which required the additional contract authority.

Additionally, since the custody contract was executed in 2019, five new investment manager accounts and two special purpose accounts have been opened. The combination of increased investment holdings, new accounts, and trading activity has led to higher than estimated custody fees.

The contract modification will provide funding to support the custodial banking services in the amount of $500,000 for FY25 and extend the contract to March 31, 2025. Treasury understands the importance of completing contract extensions and renewals promptly to avoid service disruptions. There are inherent challenges in forecasting future account fluctuations, particularly during unforeseen circumstances. For the new custodial banking services contract, Treasury will utilize all the resources to better estimate the fluctuations due to the timing of receipt of revenues from Federal and State grants, especially in light of potential Olympic funding programs in process.

Determination_Of_Safety_Impact

DETERMINATION OF SAFETY IMPACT

 

Approval of this item will not have an impact on safety standards for Metro operations.

 

Financial_Impact

FINANCIAL IMPACT

 

Funding for this Contract Modification is included in the FY25 budget in the amount of $500,000 under 50316 - Service Professional and Tech Services in cost center 5210 Treasury Department. The funds are divided among three projects: 4% to Project 100002, Task 30.02; 43% to Project 300076, Task 30.02; and 53% to Project 610340, Task 30.02.

 

Impact to Budget

 

The sources of funds for this action are Proposition A, Proposition C and TDA Administration funds, which are Operating eligible.

 

Equity_Platform

EQUITY PLATFORM

 

This action provides custodial banking services to Metro’s internal and external portfolio accounts. Metro has eight external investment manager accounts custodied at US Bank. Five of the eight firms are small business firms, minority owned, women owned or employee-owned firms. 

 

Implementation_of_Strategic_Plan_Goals

IMPLEMENTATION OF STRATEGIC PLAN GOALS

 

Recommendation supports Metro’s Vision 2028 Goal#5: Provide responsive, accountable, and trustworthy governance within the Metro Organization.

 

Alternatives_Considered

ALTERNATIVES CONSIDERED

Since Metro’s Investment Policy mandates the use of an external custody bank to safekeep operating fund securities or cash, no alternatives are recommended.

 

Next_Steps

NEXT STEPS

 

Upon Board approval, staff will execute Modification No. 3 to Contract No. PS133590000 with U.S. Bank N.A. to continue to provide custodial banking services.

 

Attachments

ATTACHMENTS

 

Attachment A - Procurement Summary

Attachment B - Contract Modification/Change Order Log

Attachment C - DEOD Summary

 

Prepared_by

Prepared by:                      Jin Yan, Assistant Treasurer, (213) 922-2127

Mary E. Morgan, Deputy Executive Officer, Finance, (213) 922-4143

Rodney Johnson, Treasurer, (213) 922-3417

Carolina Coppolo, Deputy Chief Vendor/Contract Management Officer (Interim) (213) 213-4471

 

Reviewed_By

Reviewed by:                      Nalini Ahuja, Chief Financial Officer, (213) 922-3088