HomeMy Public PortalAboutORD15724 BILL NO. 2017-67
SPONSORED BY COUNCILMAN Mihalevich
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL BANK OF JEFFERSON
CITY, MISSOURI, FOR BANKING SERVICES.
WHEREAS, Central Bank has become the apparent lowest and best offer for banking
services.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The offer of Central Bank of Jefferson City, Missouri is declared to be the
lowest and best offer for banking services.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute an
agreement with Central Bank of Jefferson City, Missouri for banking services.
Section 3. The agreement shall be substantially the same in form and content as that
agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed: O J Approved: �/ 7
CIAL16�_-
Presiding Officer Mayor Carrie Tergin
ATTEST-: APPROVED AS TO FORM:
City Clerk City Con for
(Mjirii^
CITY OF JEFFERSON
CONTRACT FOR BANKING SERVICES
THIS CONTRACT,made andenteredintothe datelast executed bya partyas indicated below,by
and between the City ofJefferson, a municipal corporation ofthe State ofMissouri,hereinafter
referred to as the "City,"and Central Bank,hereinafter referred to as the "Bank."
WITNESSETH:
THAT WHEREAS,the Citydesiresto engage the Banktorender certain technicaland consulting
services as to banking services;and
THAT WHEREAS,the Bank has madecertain representations and statements to the Citywith respect
to the provision ofsuch services, and the City has accepted said proposal and is authorized to enter into
a contract with the Bank for the performance of services by the Bank.
NOW THEREFORE,forthe considerations herein expressed,it is agreed byand betweenthe Cityand
the Bank as follows:
1.Scope of Services.
The City agrees to engage the services of the Bank to perform the services hereinafter set forth herein and
attached Exhibit A,and as stated in the specification and bid proposal for banking services and in the
Bank's proposal. The Bank's entire proposal shall be referred to for any terms not covered by this Contract.
In the event of a conflict between this Agreement and any attached exhibits or the Bank's proposal,the
provisions of this Agreement shall govern and prevail.
2.Additions or Deletions to Services.
The City may add to Bank services or delete therefrom activities of a similar nature to those set forth in
herein and the Bank's proposal,provided that the total cost of such work does not exceed the total cost
allowance as specified in paragraph 6 hereof. The Bank shall undertake such changed activities only upon
the direction of the City. All such directives and changes shall be in written form and approved by the
Finance Director and shall be accepted and countersigned by the Bank or its agreed representatives.
The Bank will perform any additional work requested by the City which is not specifically covered in the
scope of work as defined herein at a reasonable fee or compensation to be agreed to between the City and
the Bank at the time any such service may be required.
3.Existing Data.
All information,data and reports as are existing,available and necessary for the carrying out of the work,
shall be furnished to the Bank without charge by the City,and the City shall cooperate with the Bank in
every reasonable way in carrying out the scope of services.
4.Personnel to be Provided.
The Bank represents that the Bank has or will secure at its expense all personnel required to perform the
services called for under this contract by the Bank.Such personnel shall not be employees of the City or
have any contractual relationship with the City,except as employees of the Bank.All of the services
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required hereunder will be performed by the Bank or under the Bank's direct supervision, and all personnel
engaged in the work shall be fully qualified and shall be authorized under state and local law to perform
such services. None of the work or services covered by this contract shall be subcontracted without the
written approval of the City.
5. Term.
This contract shall commence on the first (1st) day of October, 2017, and continue until the thirtieth (30th)
day of September 2018, unless terminated earlier as provided herein. This Agreement shall automatically
renew for four (4) additional one (1) year renewal periods, unless the City provides Bank a written notice of
non -renewal at least thirty (30) days prior to the first day of a renewal period.
6. Compensation.
The City will pay the Bank for the services rendered according to the charges as set out in the Bank's
proposal. The City agrees to pay the Bank in accordance with the rates set forth in the Bank's proposal
which shall constitute full and complete compensation for the Bank's services hereunder.
7. Failure to Perform, Cancellation.
If, through any cause, the Bank shall fail to fulfill in a timely and proper manner its obligations under this
contract, or if the Bank shall violate any of the covenants, agreements, or stipulations of this contract, the
City shall thereupon have the right to terminate this contract by giving written notice to the Bank of such
termination and specifying the effective date thereof, at least five (5) days before the effective day of such
termination. In the event of termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the Bank under this
contract shall, at the option of the City, become its property, and the Bank shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Bank shall not be relieved of liability to the City for damages sustained by
the City by virtue of any such breach of the contract by the Bank.
8. Assignment.
The Bank shall not assign any interest in this contract, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of the City thereto. Any such
assignment is expressly subject to all rights and remedies of the City under this agreement, including the
right to change or delete activities from the contract or to terminate the same as provided herein, and no
such assignment shall require the City to give any notice to any such assignee of any actions which the City
may take under this agreement, though the City will attempt to so notify any such assignee.
9. Confidentiality.
Any reports, data or similar information given to or prepared or assembled by the Bank under this Contract
which the City requests to be kept as confidential shall not be made available to any individual or
organization by the Bank without prior written approval of the City.
10. Nondiscrimination.
The Bank agrees in the performance of the contract not to discriminate on the grounds or because of race,
creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any
employee of the Bank or applicant for employment, and shall include as similar provision in all
subcontracts let or awarded hereunder.
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11. Independent Contractor.
The Bank is an independent contractor and nothing contained herein shall constitute or designate the Bank
or any of its agents or employees as agents or employees of the City.
12. Benefits not Available.
The Bank nor its agents or employees shall not be entitled to any of the benefits established for the
employees of the City nor be covered by the Worker's Compensation Program of the City.
13. Liability.
The parties mutually agree to the following:
(a) In no event shall the City be liable to the Bank for special, indirect or consequential damages.
(b) The Bank shall defend (with counsel acceptable to the City) indemnify and hold the City harmless
from and against all claims, losses and liabilities arising out of personal injuries, including death,
and damages to property to the extent caused by any negligent act or omission on the part of the
Bank related to the services performed under this contract or Bank's breach of this Agreement.
14. Insurance.
Bank shall provide, at its sole expense, and maintain during the term of this Agreement commercial
general liability insurance with a reputable, qualified, and financially sound company licensed to do
business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not
less than "A," that shall protect the Bank, the City, and the City's officials, officers, and employees from
claims which may arise from operations under this Agreement, whether such operations are by the Bank,
its officers, directors, employees and agents, or any subcontractors of Bank. This liability insurance shall
include, but shall not be limited to, protection against claims arising from bodily and personal injury and
damage to property, resulting from all Bank operations, products, services or use of automobiles, or
construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided
that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be
provided which states that the City is named as an additional insured, and stating that the policy shall not
be cancelled or materially modified so as to be out of compliance with the requirements of this Section, or
not renewed without 30 days advance written notice of such event being given to the City.
15. Nonsolicitation.
The Bank warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Bank, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the Bank, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
the award or making of this contract. For breach or violation of this warranty, the City shall have the right
to annul this contract without liability, or, in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts,
or contingent fee.
16. Books and Records.
The Bank and all subcontractors shall maintain all books, documents, papers, accounting records, and other
evidence pertaining to costs incurred in connection with this Contract, and shall make such materials
available at their respective offices at all reasonable times during the Contract and for a period of three (3)
years following completion of the Contract.
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17. Illegal Immigration.
Prior to commencement of the work:
a. Bank shall, by sworn affidavit and provision of documentation, affirm its enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
b. Bank shall sign an affidavit affirming that it does not knowingly employ any person who is an
unauthorized alien in connection with the contracted services.
C. If Bank is a sole proprietorship, partnership, or limited partnership, Bank shall provide proof of
citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed.
18. Notices.
All notices required or permitted hereunder and required to be in writing may be given by first class mail
addressed to the City of Jefferson, c/o Finance Director, at 320 East McCarty Street, Jefferson City,
Missouri, 65101, and Central Bank, at 238 Madison Street, Jefferson City, Missouri, 65101. The date and
delivery of any notice shall be the date falling on the second full day after the day of mailing.
19. Law to Govern.
This contract shall be governed by the laws of the State of Missouri as to both interpretation and
performance.
CITY OF JEFFERSON, MISSOURI
Mayor
Date: 1-11-17
ATTEST:
r�erY
APPROVED AS TO FORM:
City o iselor
NEE
BANK
Title: S;�wzerL V c.2 P_ 2>�l'!�l1.�
Date: 99—z6—I-1 �'
ATTEST:
"ag
Title: Ell 1
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CITY OF JEFFERSON, MISSOURI
TABULATION OF PROPOSALS
Proposal 2935
Best And Final Offer
Title: Banking Services
Dept.: Finance
Received: August 2, 2017
Page 1
Total
Central Bank
Jefferson City, MO
ITEM
Est Qt
Unit Price Unit Price
Banking Service Depositories
Account Maintenance -Payroll (12) General (12)
Misc. (5)
120
7.00
840.00
Checks Paid - Payroll (50), General (6,930) Misc
(400)
7,380
0.09
664.20
ACH Transfers - Payroll (17,000) General (27,000)
Misc (500)
44,500
0.05
2,225.00
ACH Files Processed - Payroll (90) General (60)
150
0.00
0.00
ACH Returns - General (50)
50
2.00
100.00
Deposited Items - General (86,200)
86,200
0.09
7,758.00
Deposits - General 8,600
8,600
0.09
774.00
Deposit Items Returned - General (52)
52
2.50
130.00
Wire Transfers - Incoming - General 12
12
7.00
84.00
Wire Transfers - Outgoing - General 70
70
7.00
490.00
Coin Counting - Parking & Transit
31,364
0.10
3,136.40
EXHIBIT A
Proposal 2935
Title: Banking Services
Dept.: Finance
Received: August 2, 2017
Page 2
Total
Central Bank
Jefferson City, MO
ITEM
Est Qt
Unit Price Unit Price
Electronic Listing of Paid Items - General 12)
12
0.00 0.00
Paid Item Listing (Imaging) - Payroll (50) General
(6,930) Misc (400)
7380
0.00 0.00
Deposit Item Listing (Imaging) - General 8,900
8,900
0.00 0.00
Positive Pay - Payroll (50) General (7,580) Misc.
(400)
8,030
0.015 120.45
Safe Deposit Box small
no entry no entry
Zero Balance Accounts
36
7.00 252.00
Electronic Balance & Transaction Rptg Serv.
0.00 0.00
Electronically Placed Stop Pmts - General 150
150
5.00 750.00
Overnight Sweep Accounts
6
0.00 0.00
Credit Card Receipt Merchant Services (9 locations
MasterCardNisa/Discover)
$500,000
no proposal no proposal
unk unk
Disc. Rate -Cost of Interchange +.20%
Authorization fee -.15/per; voice auth.
.10/per; Chargeback fee $20.00 ea;
Retrieval fee 5.00 ea.
DataGuardian $14.95/mo
Procurement Cards apx 115)
$50,000
0.00 0.00
no finance charges assessed
MultiCard program therefore no cost
Proposal 2935
Title: Banking Services
Dept.: Finance
Received: August 2, 2017
Page 3
Total
Central Bank
Jefferson City, MO
ITEM
Est Qt
Unit Price Unit Price
Procurement Card Rebate
-6,300.00
Revenue Share bps prefund no cycle
0-499,999 - 90 avg $2,2250
500,000 -999,999 95 avg $7,125.00
1,000,000-2,499,999 100 avg 17,500.00
2,500,000-4,999,999 105 avg 39,375.00
Over $5,000,000 110 avg $55,000.00
Electronic Accounts Payable Rebate
-15,000.00
Revenue Share bps prefund no cycle
0-499,999 - 90 avg $2,2250
500,000 -999,999 95 avg $7,125.00
1,000,000-2,499,999 100 avg 17,500.00
2,500,000-4,999,999 105 avg 39,375.00
Over $5,000,000 110 avg $55,000.00
Utility Billing and Lockbox
0.00
Printing & Processing Postcards
19,930
0.089 21,285.24
19,930/mo x 12
NCOA
19,930
0.005 1,195.80
19,930/mo x 12 Bank entry $398.60
Lockbox Services - General 5,405
5,405
0.450 29,187.00
5,405/mo x 12)
Health Savings Accounts HAS
41
0.001 0.00
Investment M mt Fees 50 million Base
20 basis points - all balances greater
than $50 million
Other Investment Charges
0.001 0.00
Proposal 2935
Title: Banking Services
Dept.: Finance
Received: August 2, 2017
Page 4
Central Bank
Jefferson City, MO
Total
ITEM
Est Qty Unit Price Unit Price
Programming Fees
0.00 0.00
If future pro ramming is needed, $100/hr
Total Service Charges
46,894.89
Fixed Interest Rate All City Balances, 5 Years
alternate
alternate:
1.75% fixed rate on balance up to $50
mil. Greater than $50 mil - either the 91
da T-bill rate less 30 basis pts or
provide invest. M mt for fee of 20 bps
invested balances
Fixed Interest Rate based on $50 million 5 years
1.75% fixed rate on balance up to $50
mil. Greater than $50 mil - either the 91
da T-bill rate less 30 basis pts or
provide invest. M mt for fee of 20 bps
invested balances
Disadvantaged Business Enterprise
no
Woman Owned Business Enterprise
no
Lobbying Certificate
yes
E verify
es