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RES 2006-26 - 00013713RESOLUTION NO. 2006 -26 RESOLUTION OF CITY OF FRIDLEY TERMINATING ICMA AS THE ADMINISTRATOR OF THE CITY OF FRIDLEY DEFERRED COMPENSATION PLANAND AUTHORIZING THE CITY OF FRIDLEY, THROUGH ITS CITY MANAGER, TO ENTER INTO NECESSARY AGREEMENTS TO HIRE WELLS FARGO, N.A. TO ADMINISTER THE PLAN Whereas, the City of Fridley (the "City ") has, for over thirty years, sponsored and maintained a deferred compensation plan (the "Plan ") for the benefit of certain employees of the City; and Whereas, the Plan has been administered by International City Management Association (ICMA) and ICMA has served as the trustee with respect to the Plan; and Whereas, the City has determined that the Plan has not performed at a level adequate and appropriate for the benefit of all of its affected employees; and Whereas, the City has undertaken an active examination of alternative service providers for the purpose of continuing its practice of providing a deferred compensation plan for the benefit of certain employees of the City; and Whereas, the City has determined that it is in its best interest, and in the interest of at least a majority of the aforesaid affected employees, to terminate ICMA's services and to replace ICMA with Wells Fargo, N.A.; and Whereas, the replacement of ICMA with Wells Fargo, N.A. will require amendment and restatement of the Plan document and trust agreement; and Whereas, Wells Fargo N.A. will be submitting to the City of Fridley a proposed trust agreement for the purpose of administering the Plan for the City, which will be reviewed by the City's staff and recommended for approval at the next meeting of the City Council; and Whereas, Wells Fargo N.A. is preparing a proposed restated and amended Plan document; and Whereas the City wishes to encourage a more active supervision of the Plan by the creation of an "Internal Investment Committee" that will include representation from the management and affected employees of the City, as well as the City Council; and Whereas, the City wishes to engage the services of Financial Concepts, Inc., as the Registered Investment Advisor and education consultant for the Plan. NOW BE IT, THEREFORE, RESOLVED that the City of Fridley shall remove ICMA as a trustee with respect to the Plan and will cease to use ICMA services with respect to the Plan; and BE IT FURTHER RESOLVED that the City Manager be directed to take any and all steps necessary to effect the termination of ICMA's services on behalf of the City; and Resolution No. 2006 -26 page 2 BE IT FURTHER RESOLVED, that the City of Fridley approves appointing Wells Fargo, N.A. as a trustee with respect to the Plan; and BE IT FURTHER RESOLVED, that the City Manager is authorized, on behalf of the City of Fridley, to execute any and all necessary documents to implement an amended and restated Plan, including, but not limited to, the amended and restated Plan document when it is completed; and BE IT FURTHER RESOLVED, that Financial Concepts, Inc., is hereby approved as the City's consultant and financial advisor with respect to the Plan; and BE IT FURTHER RESOLVED, that the City shall establish an "Internal Investment Committee" for the purpose of overseeing the Plan, the membership of which shall be as subsequently established by appointment by the City Manager. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF MAY, 2006. SCOTT J. LUND — MAYOR ATTEST: "aA,14J DEBRA A. SKOGEN — TY CLERK