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HomeMy Public PortalAbout11-8197 Bank Atlantic Sponsored by: City Manager Resolution No. 11-8197 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO RENEW THE BANKING SERVICES AGREEMENT WITH BANK ATLANTIC UNDER THE SAME TERMS AND CONDITIONS FOR THE LAST ONE (1)YEAR TERM FROM APRIL 1, 2011 THROUGH MARCH 31, 2012; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,pursuant to Resolution 06-7009,the City of Opa-locka entered into a Banking Services Agreement with Bank Atlantic in January 2007; and WHEREAS,the agreement provides for renewal options for two(2)additional one(1)year term; and WHEREAS, the City Commission of the City of Opa-locka desires to renew the contract agreement for the last one (1) year term from April 1, 2011 through March 31, 2012. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to renew the Banking Services Agreement with Bank Atlantic under the same terms and condition, for the last one (1) year term, commencing April 1, 2011 through March 31, 2012. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 11-8197 PASSED AND ADOPTED this 23r1 day of March, 2011. 6 ' --'` ice'RA (OR M OR Aft- o: 4 i —AM. Deborah S. rb 371m...--- City Clerk Approved as to fo and legal L47/, 19 4 I ., ". -II . . 'Jo -.h V'er ., Attofey Moved by: COMMISSIONER HOL ES Seconded by: VICE MAYOR JOHNSON Commission Vote: 3-0 Commissioner Holmes: YES Commissioner Miller: NOT PRESENT Commissioner Tydus: YES Vice-Mayor Johnson: OUT OF ROOM Mayor Taylor: YES e. { aby f o. '• 1 APamigicescna wl e�'T I Or 4 `i 4nsa. ,, Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Commissioner Gail Miller Li).70,4.44„4„.„ 9' FROM: arance Patterson, City Manager DATE: February 25,2010 RE: Request for Approval to Extend Banking Services Agreement Request: STAFF IS REQUESTING APPROVAL FROM THE CITY COMMISSION TO EXTEND BANKING SERVICES AGREEMENT WITH BANK ATLANTIC Description: The City entered into a Banking Services Agreement with Bank Atlantic in January 2007. The agreement provides for renewal option for two (2) additional one year. Staff is recommending that the Agreement be renewed for the last additional one (1)year term from April 1, 2011 to March 31, 2012. Financial Impact: None. Implementation Timeline: April 1,2011 Legislative History: Resolution No. 06-7009 Recommendation(s): Staff recommends approval. Analysis: Attachments: Resolution No. 06-7009 PREPARED BY: Finance Department Sponsored by: City Manager Resolution No. 06-7009 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA ACCEPTING THE PROPOSAL OF BANK ATLANTIC TO PROVIDE PROFESSIONAL BANKING SERVICES FOR THE CITY OF OPA-LOCKA, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH BANK ATLANTIC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR PROVIDING SAID PROFESSIONAL BANKING SERVICES WHEREAS, the City of Opa-locka solicited a Request for Proposals(RFP)for professional banking services on October 16, 2006 wherein said RFP was mailed to seven(7) banks who had expressed an interest in providing banking services, to wit: Bank Atlantic, Commerce Bank, Sun Trust Bank, Dade County Federal Credit Union, Bank of America, Wachovia Bank and Citibank N.A.;and WHEREAS, a proposal conference was held on October 30, 2006 which included representatives from Citibank,N.A., Bank Atlantic, Commerce Bank and Sun Trust;and WHEREAS, the RFP closed on November 17,2006 with the city receiving proposals from Wachovia Bank,commerce Bank, Sun Trust Bank and Bank Atlantic;and WHEREAS, the proposals were evaluated by an independent committee wherein Bank Atlantic was deem the be the most responsible and responsive bidder. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 06-7009 Section 2. The City Commission hereby accepts the proposal of Bank Atlantic as the most responsible and responsive bidder to provide professional banking services for the City of Opa- locka. Section 3. The City Manager is hereby authorized to enter into and execute an agreement with Bank Atlantic, in a form acceptable to the City Attorney, for providing said professional banking services. PASSED AND ADOPTED this 13th day of December.2006. MA O Atte •: Approved as to fo al sufficiency: -� CITY CL ' CIT. A ( -2 rt DATE Moved by: Vice Mayor Johnson Seconded by: Commissioner Tydus Commission Vote: 4-0 Commissioner Tydus: Yes Commissioner Holmes: Yes Vice-Mayor Johnson: Yes Mayor Kelley: Yes ResoSution/RFP-Accepting Bank Atlantic- 2-06 BANKING SERVICES AGREEMENT THIS BANKING SERVICES AGREEMENT ("Agreement"), is made and entered into this t day of— , 2007, by and between: CITY OF OPA-LOCKA, FLORIDA a municipal corporation COPY 777 Sharazad Boulevard Opa-Locka, Florida 33054-3596 (hereinafter referred to as "CITY") and BAN KATLANTIC a federal savings Bank 2100 West Cypress Creek Road Fort Lauderdale, Florida 33309 (hereinafter referred to as "BANK") WHEREAS, on October 16, 2006, the CITY issued Request for Proposals for Banking Services RFP#06-1117 ("RFP"); and WHEREAS, a screening committee, consisting of City Staff, conducted a thorough review of each proposal; and WHEREAS, it is the recommendation of the screening committee that BankAtlantic provide the Banking Services for the CITY; and WHEREAS, the City Commission concurs with the recommendation of the screening committee and finds it to be in the best interest of the citizens of Opa-Locka to enter into an agreement with BANK; now, therefore IN CONSIDERATION of the mutual covenants and conditions herein expressed and of the faithful performance of all such covenants and conditions, CITY and BANK do mutually agree as follows: Section 1. The recitals to the preamble herein are incorporated by reference are hereby ratified and incorporated herein. Section 2. PURPOSE 2.01 The parties agree that the purpose of this Agreement is for the maintenance by BANK and CITY of designated accounts and the transfer of funds between and among the accounts according to the specifications of each account and for treasury management services (herein "Services") to be provided by BANK in accordance with the terms and conditions set out in this Agreement and the following auxiliary agreements ("Auxiliary Agreements") attached hereto and incorporated herein: Page 1 of 10 Exhibit "A" - CASHLINK System Services & License Agreement Exhibit "B" - ACH Agreement Exhibit "C" - CD ROM Services & Sublicense Agreement Exhibit "D" - Positive Pay Services Agreement Exhibit "E" - Business Account Depositor's Agreement and Disclosure Statements (as amended from time to time) (the "Depositor's Agreement") Exhibit "F" - Banking Services Pricing Schedule CITY and BANK acknowledge that additional auxiliary agreements may be required for BANK to complete the required services. Upon execution of any additional auxiliary agreements, said agreements shall be incorporated herein by reference. In the event of a conflict between the terms of any of the Auxiliary Agreement(s) and this Agreement, the Auxiliary Agreement(s) shall control. Section 3. TERM 3.01 This Agreement shall be effective upon the approval of the City • mis - _- ad execution by the parties (the "Effective Date") and shall terminate on arch 31, 2010 (the "Initial Term"), subject to prior termination as provided in Sec - _ 's Agreement. The Services to be provided by BANK under this Agreement shall be effective on April 2, 2007 provided that CITY executes any and all necessary account opening documentation in a timely manner. This Agreement may be renewed by CITY for two (2) additional one (1) year terms by providing written notice to BANK at least thirty (30) days prior to the end of the Initial Term or then current term. Section 4. STATEMENT OF WORK 4.01 This statement of work between CITY and BANK shall set forth the duties, obligations and responsibilities of CITY and BANK in the provision of the Services. 4.02 BANK shall provide the following services: 4.02.1 BANK shall administer the following accounts: Account Name Balance - / ! 2 O 11 City of Opa-Locka M eti 20/ 2 General Fund Master/Concentration City of Opa-Locka Accounts Payable Zero Balance City of Opa-Locka Payroll Zero Balance Page 2 of 10 4.02.2 CITY shall maintain a concentration account into which the Zero Balance accounts funds shall be transferred at the end of each business day. 4.02.3 BANK shall place all deposited monies made payable to the City in the Concentration Account making such money available for disbursement in accordance with BANK's normal funds availability policy. 4.02.4 BANK shall, as checks are presented against the Zero Balance Accounts, transfer available funds from the Concentration Account into the Zero Balance accounts to the extent necessary to maintain a zero balance. 4.02.5 BANK shall maintain the Concentration Account in a Public Funds Super NOW account that shall bear an interest rate equivalent to a minimum of the effective federal funds rate minus three (3) basis points. 4.02.6 BANK shall provide deposit reconciliation services to CITY so that CITY can track deposits back to a particular department. 4.02.7 BANK shall provide via on-line access no later than 10:00 a.m. the Ledger balance, Available balance, one day float detail, and a Summary of debit and credit postings. 4.02.8 BANK will consider all EFT transfers received by 5:00 p.m. investible by the CITY. Should an EFT transfer not be received by BANK, then the EFT transfer will be traced from origin to destination to ascertain the party responsible for delaying the transfer. If necessary, adjustments will be made as soon as possible for any lost interest or earnings credit. Such credit will be calculated using the same formula that CITY receives for an earnings credit. 4.02.9 BANK agrees to execute any EFT transfer order within (1) hour after notification by the Finance Department via on-line, or by telephone, or by FAX, if necessary. Adjustment will be made for any lost interest, earnings credit, or charges resulting from a "failure" to consummate an EFT transaction. 4.02.10 BANK shall provide ACH services for the bi-monthly debit amounts from the residents' bank account for utility services into CITY's account, biweekly credit amounts to the employees' bank account for payroll purposes, and biweekly and monthly credits to various vendors for services. 4.02.11 Wire transfers shall be made from the Concentration Account to both CITY vendors and investment sources via personal computer. BANK shall provide online access for confirmation of same-day wires executed, including details. 4.02.12 BANK shall automatically debit CITY's Concentration account for all returned checks. Each check shall have a debit advice attached and shall be returned immediately to the Finance Department. Checks shall be deposited Page 3 of 10 twice before becoming a returned check. Check returned for closed account shall not be deposited twice. 4.02.13 BANK will provide reconciliation service for all CITY accounts. 4.02.14 Monthly bank statements will be for the full calendar month and will be delivered to the CITY within eight (8) business days after the end of the month. This statement will be available via CashLink Web. 4.02.15 A Monthly Service Charge/Analysis Statement for a particular month will be completed and delivered to the CITY within (10) business days after the end of the month. This statement will be available via CashLink Web. 4.02.16 BANK shall provide normal banking supplies (checks, money wrappers, money bags, seals and tags, lockable zipper bags, deposit slips in triplicate and safe deposit boxes) for the term of the Agreement. 4.02.17 BANK shall designate and provide, in addition to the person designated in "Notices," Section 15, a dedicated Public Funds Consultant who will act as the primary bank liaison to CITY. BANK shall also designate and provide treasury management customer service representative(s) who will be available to aid CITY upon request by CITY. 4.03 Unless otherwise specified herein, BANK shall not subcontract or otherwise engage subcontractors to perform the required Services without prior notification to and consent of CITY. CITY's consent shall not be unreasonably withheld. Should BANK subcontract, BANK shall be responsible for the quality of all products and services which are subcontracted. 4.04 RESPONSIBILITIES OF CITY 4.04.1 CITY shall designate the Finance Director or his designee as the person who has authority to act on CITY's behalf with regard to this Agreement. 4.04.2 CITY shall provide requested information as soon as reasonably possible after the receipt of BANK's request. 4.04.3 CITY shall initiate disbursement activity through the Zero Balance accounts as needed. Section 5. COMPENSATION 5.01 CITY shall pay fees to BANK for the services provided by BANK as described in the Banking Services Pricing Schedule, attached hereto as Exhibit F. 5.02 CITY shall compensate BANK for the services provided as specified in this Agreement on a monthly basis in accordance with Exhibit F, by utilizing the compensating balance method to offset the monthly service charges. Monthly service Page 4 of 10 charges will be calculated based on the monthly volume of transactions and the unit cost as detailed in Exhibit F. The corresponding compensating balance required will be calculated using the applicable earnings credit rate (ECR) set at the targeted Federal Funds Rate. BANK agrees that the fee schedule in Exhibit F shall remain unchanged for the Initial Term of this Agreement, and for any renewal period unless BANK provides notice of any changes to the fee schedule to CITY at least ninety (90) days prior to the renewal date. Should CITY utilize additional services which were not requested by CITY in the RFP, BANK reserves the right to charge for those services in accordance with the Depositor's Agreement. 5.03 BANK shall utilize a twelve-month settlement period for offsetting service charges with the earnings credit. Service charges in excess of the accumulated earnings credit at the end of twelve months will be paid by debiting CITY's account. Section 6. WARRANTY 6.01 BANK warrants to CITY that it shall comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under this Agreement. Section 7. INSURANCE 7.01 BANK shall maintain, at its own expense, and keep in effect during the full term of this Agreement, policy or policies of insurance which must include the following coverages and minimum limits of liability: A. Workers' Compensation: Statutory Limits of coverage to apply for all employees in compliance with all applicable State of Florida and federal laws. The policy must include Employers Liability with a limit of$100,000 each accident. B. General Liability: Commercial General Liability (CGL) insurance with limits not less than $1,000,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverage for contractual liability, personal injury, broad form property damage, products and completed operations. This policy of insurance shall be written in an "occurrence" based format. C. Automobile Liability: Comprehensive or Business Automobile Liability insurance with limits not less than $500,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverage's for owned, hired, and non- owned vehicles and/or equipment as applicable. This policy of insurance shall be written in an "occurrence" based format. D. Errors and Omissions Liability (if applicable): Page 5 of 10 Section 10. ASSIGNMENT 10.01 Neither party to this Agreement shall assign the Agreement or subcontract it as a whole without the prior written consent of the other, nor shall the BANK assign any monies due or to become due to it, without the prior written consent of the CITY. Section 11. GOVERNING LAW AND VENUE 11.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 11.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. Section 12. ENTIRE AGREEMENT 12.01 This Agreement and the attached Auxiliary Agreements contain the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The obligations of BANK shall be as expressly set forth in this Agreement and the Auxiliary Agreements. The parties acknowledge and agree that BANK shall not be responsible to comply with any other obligations or conditions set forth in the RFP or any other correspondence or documentation between CITY and BANK. Each party represents and warrants that the person executing this Agreement on its behalf is authorized to do so. BANK shall be permitted to use CITY's name in its advertising, customer list(s) and other third-party requests for proposals. Section 13. SEVERABILITY 13.01 Should any part, term or provision of this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or in conflict with any Federal law or law of the State of Florida, the validity of the remaining portions or provisions shall not be affected thereby. Section 14. PARAGRAPH HEADINGS 14.01 All paragraph headings in this Agreement are included for convenience only and are not be construed as a part hereof or in any way as limiting or expanding the terms set out in this Agreement. Page 7 of 10 IN WITNESS WHEREOF, the parties hereto by the signature of their respective authorized representatives do hereby agree to be bound by the terms of this Agreement. CITY OF OPA-LOCKA, FLORIDA ATTEST TO: ,/0 � By: , . _ _ 4. • ,.. o �' ice. 1)I Print name: 1l,/+/,v i Av�Eie-4 • B Ir ��i�"�ra4.rr'r'tp Title: C/r7 Deborah Sheffield Irb, �o , City Clerk Approved as to form and legal sufficiency: A. Qui► 'Jones if City Attorney State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me this /Zday o G (/ , 2007, by .JA-AlAI/,E /a' E-vf.yeky , who is (who are) personally known to me or who has produced as identification and who did (did • ) take an •ath. i 1 / AS Not fry Public Signaturer,-":-- / 07 y Pick-Slab. of 11Floddo Nov ,2O Commission di DD 371243 Notary Name, Printed, Typed or Stamped S 111011dadRyNallondNotcpyAun. Commission Number: Page 9 of 10 BANKATLANTIC By: m.41 C.11,(/' Print name: \ 4- \AM,C,C) Title: Y State of Florida County of Broward The foregoing instrument was acknowledged before me this Iq day of Jan()a r 2007, by )`'(Qom,'k / -z3-e-L-k)cz who is (who are) personally known to, me or who has produced as identification and who did (did not) take an oath. C thodieribrewlemairderiermehrerbodimeo Notary Public Signature .,,,,Yp`. woNNE C.RATIO 4� B�� - -.���-,Notary Public-State of Fbdda y"! pAycarn�ion60esAug31,2108I Notary Name, Printed, Typed or Stamped -'-4% londedByNallonaiNofaryAssn. Commission Number: My Commission Expires: Page 10 of 10