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R04-017RESOLUTION NO. R04- C) I"1 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #008-1410-04/CJD TO BANK OF AMERICA, PROVIDING FOR A THREE YEAR CONTRACT FOR BANKING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE PARTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 12, 2003, Procurement Services opened and :abulated six (6) proposals to the RFP "Three Year Contract for Banking Services"; and WHEREAS, each proposal was reviewed based on an analysis of estimated fees, and staff has determined that Bank of America has submitted the lowest cost proposal for services; and WHEREAS, upon recommendation of staff, the City Commission of the City ~f Boynton Beach does hereby approve the award of RFP No.008-1410-04/CJD to Bank of America. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, aereby approves the award of RFP No. 008-1410-04/CJD to Bank of America, for a :hree year contract for banking services. Section2. That the City Manager is hereby directed to execute an kgreement between the City of Boynton Beach and Bank of America, a copy of S:\CA\RESO~,greements\Bid Awards~Award of RFP - Banking Services - Bank of America.doc which is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this I~ ~ day of February, 2004. ~C CITY OF BOYNTON BEACH, FLORIDA ~ssioner ~ S:\CA\RESOXAgreements\Bid Awards'u~ward of RFP - Banking Services - Bank of America.doc ATTACHMENT B CITY OF BOYNTON BEACH AGREEMENT FOR BANKING SERVICES THIS AGREEMENT, made and entered into this 3rd day of February~ 2004, by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "City", and Bank of America~ N.A., a State chartered banking institution, herein referred to as "Bank". WITNESSETH: WHEREAS, the City is desirous of entering into a contractual agreement with a financial institution to provide the City's banking services; and WHEREAS, the City received proposals, conducted interviews, and recommended the selection of Bank to provide such banking services; NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises herein contained, the parties hereto agree as follows: TIME FOR PERFORMANCE: The performance of the Agreement shall commence on February 3~ 2004~ and shall remain in effect for a three year period to February 2~ 2007. The City will have the option to extend the contract for another two-year period, providing both parties mutually agree. Any proposed changes by the bank relating to thel extension will be provided to the City 90 days prior to the contract expiration date. SCOPE OF SERVICES: Bank agrees to provide the services specified, with the personnel specified, and at the costs specified in its proposal to the City, said proposal being attached as Exhibit "A" and incorporated by reference herein and made a part hereof as fully as if herein set forth. Bank hereby acknowledges submitting said proposal in response to the City's Request for Proposal for Banking Services, said Request for Proposal for Banking Services being attached as Exhibit "B", incorporated by reference herein and made a part hereof as fully as if herein set forth. PAYMENT FOR SERVICES: The City agrees to provide payment to Bank under the following payment arrangement: Payment will be made by a "specific charges for service" method. The Bank shall submit monthly invoices for all services rendered for the preceding month. Such invoices shall be accompanied by an account analysis for each account and a summary analysis for all accounts combined which will itemize all charges. The analysis shall contain, at a minimum, average daily ledger balance, less float and reserve requirements to arrive at a net collected balance. Following the City's opportunity to review the monthly account analysis, and reconcile any discrepancies, a check will be issued to the Bank for the approved charges, less any contested charges. There shall be no automatic debiting of the City's accounts for service charges. IMPLEMENTING SPECIAL PROVISIONS OF AGREEMENT: Representatives of the parties are hereby authorized to meet and draft any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of operation shall become effective upon acceptance by the Finance Director~ Diane Reese and Bank. Said plans and procedures of operation shall be subject to change upon mutual agreement and consent of the parties, which agreement and consent shall not be unreasonably withheld or denied. INDEMNIFICATION: Bank shall indemnify, defend and hold harmless the City, it officers, elected officials, agents and employees, fi.om and against any and all claims, actions, losses (including economic Page I of 4 10. 11. 12. losses), or liability, or any portion thereof, including attorneys fees and costs, arising fi.om any actual or alleged a) injury, sickness, disease, or death to person, the employees, or damage or injury to property occasioned by a negligent act, omission or failure of the Bank; b) violation of law, statute, ordinance, governmental administration order, rule, regulation, of infringement of patent rights by Bank in the performance of the Scope of Services; or c) liens, claims or actions make by the Bank or its agents, subsidiaries or other party performing the work. The indemnification obligations herein shall not be limited by any limitation of the amount, type of damages, compensation, or benefits payable by or for the Bank under worker's compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by Bank. With regard to any financial loss which may be suffered by the City as a result of or due to intentional or negligent acts of commission or omission by Bank, Bank hereby agrees to reimburse and hold harmless the City for such loss. INSURANCE: The Bank shall secure and maintain in force throughout the duration of this all required insurance as set forth in Exhibit "C" attached hereto and incorporated herein. Each insurance policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. CONVENANT AGAINST CONTINGENT FEES: The Bank warrants that they have not employed or retained any company or person, other than a bonafide employee working solely of the Bank, to solicit or secure this contract, and that the Bank has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Bank, an fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting fi.om the award or making this contract. For breech or violation this warranty, the City shall by the right to annul this contract without liability or, in its discretion to deduct fi.om the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. DISCRIMINATION PROHIBITED: The Bank, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials and supplies. ASSIGNMENT: The Bank shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-WAIVER: Waiver by the City of any provision of this agreement or any time limitation provided for in agreement shall not constitute a waiver of any other provision. TERMINATION: The City reserves the right to terminate this agreement at any time by giving 30 (thirty) days written notice to the Bank. DISPUTES: Any dispute out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, Florida. Page 2 of 4 13. 14. 15. 16. 17. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33424-0310 ATTENTION: DIANE REESE, DIRECTOR OF FINANCE Notices to Bank shall be sent to the following address: BANK OF AMERICA, N.A. 101 EAST KENNEDY BLVD., 5TM FLOOR TAMPA, FL 33602 ATTN: LYNN NIEVES Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received; however facsimiles received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must also be mailed as required herein. INTEGRATED AGREEMENT: This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Bank and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and Bank. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, and any representatives or statements heretofore made with respect to such subject matter, whether verbal or written, are merged herein. This Agreement shall be construed in accordance with the laws of the State of Florida and any remedies of the parties pertaining thereto shall likewise be governed by said laws. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized officials, have executed this Agreement as of the day and year first above written. DATED this t"~ of ~'~,~ I~t_l_tl..f' ~ 2001~. CIT~CH City ~.~omey Date D~[te BANK OF AMERICA, N.A. Authorized Representative *Date I "~ i Attest/Authenticated: City Clerk (Corporate Seal) Date Pa9e 4 of 4 The City of E x t b i -4- B Boynton Beach Procurement Services - Y N TD 100 E. Boynton Beach Boulevard �1 ?i PO. Box 310 4. "'' • Boynton Beach, Florida 33425 -0310 0 I�, - IIII,n7 Telephone Na (561) 742 7 - f . ' FAX (561) 742-6306 X13 4. N 7 REQUEST FOR PROPOSAL FOR THREE YEAR CONTRACT FOR BANKING SERVICES RFP # 008 - 1410- 04 /CJD Sealed RFP's will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425 -0310 on or by: NOVEMBER 12, 2003, No Later Than 2:30 P.M. (Local Time). RFP's will be opened in: PROCUREMENT SERVICES -CITY HALL 2 FLOOR unless otherwise designated All proposals received will be publicly opened and read aloud. RFP's received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. The City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal and no award has been made. ny questions relative to any item (s) or portion of this RFP should be directed to Carol Doppler, °B, Senior Buyer, (561) 742 -6323. 1 America's Gateway to the Gulfstream The following language is made a part of and is to be included in the specifications hereto attached: Acceptance of any proposal is expressly conditioned upon the contractor (or vendor if applicable) and subcontractor (s) accepting all conditions of the specifications including responsibility for and complying in full with the duties of an employer under Sections 6, 7, 8, and 10 of the Florida Right To Know Law, Florida Statute Section 442.106, 107, 108, 109, 115, 116, and 118 for his employees at the work site. The subcontractor (s) agrees to protect and indemnify the contractor from and against any and all liability which may arise from the subcontractor (s) failure to comply with any duty or portion of a duty of an employer. The parties hereby stipulate that, as between them, the foregoing matters and material are important and that any breach of the terms of this provision is a material breach of this agreement. SCOPE OF SERVICES: The City of Boynton Beach is soliciting Request for Proposals for a Three (3) year Banking Services Contract. It is the intent of the City to select one bank to provide full banking and selective investment services for all City funds. ATTENTION ALL INTERESTED PROPOSERS: Due to the expense in mailing, complete sets of specifications are available for pick -up or will be mailed to your office upon request. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (561) 742 -6323 — Carol Doppler Office Hours: MONDAY — FRIDAY, 8:00 A.M. to 5:00 P.M. 2 RFP NO. #008 - 1410- 04 /CJD THREE YEAR CONTRACT FOR BANKING SERVICES TABLE OF CONTENTS PART I GENERAL INFORMATION PAGE 1 -1 Definition RFP -5 1 -2 Terms of Contract and Renewal Provisions RFP -5 1 -3 Proposal Submission and Withdrawal RFP -5 1 -4 Invitation to Propose RFP -6 1 -5 Contract Awards RFP -6 1 -6 Minimum Qualifications RFP -7 1 -7 Developments Costs RFP -7 1 -8 Inquiries RFP -7 1 -9 Delays RFP -8 1 -10 Addenda RFP -8 1 -11 Selection Process RFP -8 1 -12 Licenses RFP -8 1 -13 Code of Ethics RFP -8 1 -14 Drug -Free Work Place RFP -9 1 -15 Insurance (ATTACHMENT "A ") RFP -9 1 -16 Indemnification RFP -9 1 -17 Non Collusion RFP -9 1 -18 Appropriation Clause RFP -10 1 -19 Rights of the City Of Boynton Beach RFP -10 PART II STATEMENT OF WORK 2 -1 Work Objective RFP -11 2 -2 Contract Term RFP -11 2 -3 Volume of Work RFP -11 2 -4 Banking Services To Be Provided RFP -11 -19 PART III INSTRUCTIONS FOR PREPARING PROPOSALS 3 -1 Rules for Proposals RFP -20 3 -2 Proposal Format RFP -20 -22 PART IV EVALUATION OF PROPOSALS 4 -1 Evaluation Method and Weighted Criteria RFP -23 4 -2 Evaluation Criteria RFP -24 3 RFP NO. #008- 1410- 04 /CJD THREE YEAR CONTRACT FOR BANKING SERVICES TABLE OF CONTENTS (CONTINUED) PART V BANKING SERVICES REQUIRED DOCUMENTS PAGE Proposer Acknowledgement RFP -33 Banking Services Proposal Form (Attachment `B ") RFP -34 -39 Banking Services Proposal Summary Form (Attachment "C ") RFP -40 -41 Noncollusion Affidavit of Prime Proposer RFP -42 Anti- Kickback Affidavit RFP -43 Confirmation of Minority Owned Business RFP -44 Confirmation of Drug Free Workplace RFP -45 Statement of No Proposal RFP -46 Sample Banking Agreement (Attachment "D ") Al - A3 4 RFP NO. #008 - 1410- 04 /CJD THREE YEAR CONTRACT FOR BANKING SERVICES 1 -1 DEFINITIONS For the purposes of this Request for Proposal (RFP), "proposer" shall mean contractors, consultants, proposers, organizations, firms, or other persons submitting a response to the RFP. 1 - 2 TERM OF CONTRACT AND RENEWAL PROVISIONS The Bank shall be selected to provide centralized demand accounts to the City for an initial contract period of three years from the effective date of the Contract for Banking Services (Contract). The Contract may be extended a maximum of two additional one -year periods of time at the sole discretion of the City. The Contract will not extend beyond five years from the date of award. The Contract shall contain specific provisions that will fix all interest rate determinations, time schedules and other services for the duration of the Contract. The unit prices quoted shall be fixed for the first year and known as the base price. However, the total of the charges shall be subject to adjustment in subsequent years based on changes in the national Consumer Price Index for the prior calendar year as published by the U.S. Department of Commerce, Division of Labor. The price adjustment shall be effective on the anniversary date of the contract each year. The Contract will be presented to the Bank for review and signature prior to presentation to the City Commission for approval (See Attachment "D "). 1 - 3 PROPOSAL SUBMISSION AND WITHDRAWAL The City will receive proposals at the following address: City of Boynton Beach Procurement Services 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 -0310 5 To facilitate processing please mark the outside of the envelope as follows: RFP No. #008 - 1410- 04 /CJD Three Year Contract for Banking Services. The envelope shall also include the PROPOSER'S RETURN ADDRESS. Proposers shall submit six (6) copies of the proposal in a sealed container marked as noted above. A proposer may submit the proposal by personal delivery or by mail. THE CITY MUST RECEIVE ALL PROPOSALS BY NOVEMBER 12, NO LATER THAN 2:30 P.M. (LOCAL TIME). All RFP's received will be publicly opened and read aloud. RFP's received after the assigned date and time will not be considered. The Purchasing Division time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that an RFP can be considered. The City reserves the right to consider RFP's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP and no award has been made. Proposers may withdraw their proposals by notifying the City's Purchasing Agent in writing at any time prior to the deadline for proposal submittal. After the deadline, proposals become a record of the City and will not be returned to proposers. Upon opening proposals are subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, state the reasons why such exclusion from public disclosure is necessary and the legal basis for such exemption. 1 - 4 INVITATION TO PROPOSE The City solicits offers for the services of responsible proposers for Banking Services. It is the intent of the City to select one bank to provide full banking and selective investment services for all City funds. 1 - 5 CONTRACT AWARDS The City anticipates entering into a contract with the proposer who submits the proposal judged by the City to be most advantageous. The City anticipates awarding one contract but reserves the right to award more than one if in its best interest. The proposer understands that this RFP does not constitute an offer or a contract with the proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the City and executed by parties. 6 The City reserves the right to reject all proposals, to abandon the project or and to solicit and re- advertise for other proposals. The City may in its discretion waive any informality and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter. 1 -6 MINIMUM QUALIFICATIONS A bank submitting a proposal must be: A. A Federal or Florida chartered bank with a principal Branch office located within the corporate limits of the City of Boynton Beach, capable of servicing the City's bank accounts as specified herein. B. The bank shall maintain Capital Adequacy as measured by Federal risk based capital requirements. The proposer must provide its most recent annual and quarterly financial reports as attachments to the proposal. C. A member of the Federal Reserve System. D. An approved public depository by the Treasurer of the State of Florida in conformity to the Florida Security for Public Deposits Act (Chapter 280, Florida Statutes). The bank must also have adequate organization, facilities, equipment and personnel to insure prompt and efficient services to the City. The City reserves the right before recommending any award to inspect the facilities, organization and financial condition or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. 1 -7 DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the proposer's ability to meet the requirements of the RFP. 1 -8 INQUIRIES Interested proposers may contact the City's Purchasing Agent regarding questions about the proposal at the City of Boynton Beach, 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425, Telephone (561) 742 -6323. The City's Purchasing staff will also receive written requests for clarification concerning the meaning or interpretations for this RFP, until ten (10) days prior to the submittal date. 7 The City may record its responses to inquiries and any supplemental instructions in the form of written addenda. The City may mail written addenda before the date fixed for receiving the proposals. Proposers shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP opening will not be binding. All proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication prior to the opening of the proposal. 1 -9 DELAYS The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify proposers of all changes in scheduled due dates by written addenda. 1 -10 ADDENDA The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addendum(s) are issued to this RFP, the City will attempt to notify all prospective proposers. However, it shall be the responsibility of each proposer, prior to submitting the proposal, to contact the City's Procurement Services Division at 742 -6323 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their proposal. 1 -11 SELECTION PROCESS In its discretion the City may require any proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the proposer to clarify the proposal for the City. The City will schedule any such presentation. 1 -12 LICENSES Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of RFP receipt. The proposal of any proposer that is not fully licensed and certified shall be rejected. 1 -13 CODE OF ETHICS If any proposer violates or is a party to a violation of the code of ethics of the City of Boynton Beach or the State of Florida with respect to this proposal, such proposer may be disqualified from performing the work described in this proposal or from furnishing the goods and services for which the proposal is submitted and shall be further disqualified from proposing on any future proposals for work, goods or services for the City of Boynton Beach. 8 1 -14 DRUG -FREE WORK PLACE Preference shall be given to businesses with Drug -Free Work Place (DFW) Programs. Whenever two or more proposals, which are equal with respect to price, quality and service are received by the City, a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1 -15 INSURANCE ATTACHMENT (A) The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions specified herein. In the event the proposer is a governmental entity or a self - insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the proposer's insurance coverage, policies, or capabilities may be grounds for rejection of the proposal and rescission of any awarded contract. 1 -16 INDEMNIFICATION /HOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Boynton Beach and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City of Boynton Beach, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged a) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claims to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the Work; or b) violation of law, statute, ordinance, governmental administration order, rule regulation, or infringement of patent rights by Contractor in the performance of the Work; or c) liens, claims or actions made by the Contractor or any subcontractor or other party performing the Work. The indemnification obligations thereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City of Boynton Beach to enforce this agreement shall be borne by the Contractor. 1 -17 NON COLLUSION By offering a submission to this Request for Proposal, the proposer certifies the proposer has not divulged to, discussed or compared his/her competitive proposal with other proposers and has not colluded with any other proposers or parties to this competitive proposal whatsoever. Also, proposer certifies, and in the case of a joint competitive proposal each party thereto certifies as to its own organization, that in connection with the competitive proposal: 9 A. Any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices and/or cost data with any other proposer or with any competitor. B. Any prices and/or cost data quoted for this competitive proposal have not been knowingly disclosed by the competitive proposal and will not knowingly be disclosed by the proposer or to any competitor prior to the scheduled opening. C. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a competitive proposal for the purpose of restricting competition. D. The only person(s) or principal(s) interested in this competitive proposal is /are named therein and that no person other than those mentioned has/have any interest in this competitive proposal or in the agreement to be entered into. E. No person or agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial agencies maintained by the purchaser for the purpose of doing business. 1 -18 APPROPRIATIONS CLAUSE The City of Boynton Beach, as an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of the contract for each and every fiscal year following the fiscal year in which the contract is executed and entered into and for which the contract shall remain in effect. The City of Boynton Beach shall, upon receipt of notice that sufficient funds are not available to continue its full and faithful performance of the contract, provide prompt written notice to the Bank of such event and effective sixty (60) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever comes first, be thereafter released of all further obligations in any way related to the contract. 1 -19 RIGHT OF THE CITY TO USE OTHER FINANCIAL INSTITUTIONS The City reserves the right to establish demand deposit accounts in other banks, or provide for additional services from other banks if the City so deems necessary. If the City elects to exercise this right, the contract covered by this proposal shall remain in effect as regards to all terms, agreements, and conditions without penalty or diminution of ongoing banking services as contained therein and previously provided by the successful bank in this proposal. 10 THREE YEAR CONTRACT FOR BANKING SERVICES STATEMENT OF WORK — PART II 2 -1 WORK OBJECTIVE It is the intent of the City to select one bank to provide full banking and certain investment services for all City funds. The objectives are to obtain the most efficient banking services while minimizing cost to the City; and to maximize return on investments while preserving capital and avoiding unreasonable risks and providing readily availability of funds. 2 -2 CONTRACT TERM The period of the Contract for Banking Services will be for a period of three (3) years with options for a maximum of two (2) one -year extensions. The anticipated Contract starting date will be February 1, 2004, unless another date is determined by the City to be more practical. The contract shall contain specific provisions that will fix all interest rate determinations, time schedules and other services for the duration of the contract. 2 -3 VOLUME OF WORK The proposal summary form indicates the anticipated number of transactions and is provided for information and tabulation purposes only (See Attachment "C "). No warranty or guarantee is given or implied as to the types or quantities of services that will be actually required. The estimated monthly quantities stated in the summary are estimates of one year's requirements and are for cost comparison only based upon actual account history. It is understood that the Contractor shall furnish the City's needs as they arise. 2 -4 BANKING SERVICES TO BE PROVIDED A. General Requirements The City is very strict in its requirements for timely and accurate reporting of bank account transactions data. Daily debit and credit advices from the bank are used as the primary source documents for daily posting to the City's general ledger. Failure to comply with such requirement causes significant problems to the accounting program reports and such failure will be heavily considered when evaluation of banking services is performed. The bank must be able to provide daily reporting for all transactions on the City's master, depository, controlled disbursements, and payroll accounts. The City is interested in using a PC -based treasury management system with the capability to receive daily balances and detailed transactions for its main accounts via phone line modem and web access. 11 B. Account Information The City maintains one minimum balance account and three (3) zero balance accounts. In addition, the City maintains two money market accounts for the Boynton Beach Cemetery. Following are descriptions of these accounts: 1. Treasurers Account The Treasurers Account is used for all receipts of the City. Wire transfers are wired directly to the Bank for credit to this account. All other deposits are prepared by the City and deposited once each banking day for next day credit. Weekly check disbursements for vendors are written directly against the Treasurers Account. Currently, overnight sweeps are made from this account. 2. Payroll Account The City is currently providing bi- weekly payroll checks to 900 employees from this account. This is a zero balance account. Balances from this account are in the overnight sweep. The City has a direct deposit program and payroll is bi- weekly. 3. Disbursement Account The General Disbursement Account is used for payment of vendors via weekly computer check runs. The City provides an intrafund fund transfer for the total amount of this check run on the same day that the checks are released through the Treasurers Account. This is a zero balance account. Approximately 200 checks are issued weekly. 4. Merchant Account The Merchant Account is used for receipting of all credit card payments made to the City. There are currently five (5) locations for receipting of credit cards with different merchant account numbers. These are: City Hall, City Hall in the Mall, Golf Course, Internet Payments (on -line payments), and Finance (mail -in payments). 5. Cemetery Accounts There are currently two (2) Cemetery bank accounts. They are in money market checking accounts. C. Account Statements The City will issue pre- numbered MICR encoded checks and require the bank to provide a listing by check number and amount for each separate account of the checks paid within each statement period, plus printed bank statements by separate accounts showing the detail of checks charged and deposits credited. 12 The bank must be able to provide check images on a CD for the Treasurers Account and the Payroll Account. These CD listings shall contain all checks paid during the month in check number sequence reflecting check number, amount paid and date paid. The cutoff date for statement purposes, for all City accounts shall be the last day of each calendar month. Statements must be received by the City within seven banking days following the cutoff. In addition, the City reserves the right to receive interim statements or to change the cutoff date. D. Special Services 1. Stop Payments Stop payment orders will be issued to the bank by telephone, fax machine, or electronically. Upon receipt of the stop payment order the bank will immediately examine their records and inform the City as to whether the check has been cashed. The bank will forward a written confirmation of the stop payment order by e -mail within three (3) working days of the request. If the bank finds that the check has been cashed, the bank will immediately forward the City a copy of the cashed instrument. A cancellation of the stop payment order will be processed as above. The bank shall be responsible for any item cashed if said item was confirmed as a stop payment on an as- of -day basis and is subsequently cashed by the bank. 2. Deposit Return Items The bank will make one attempt to present again any deposited checks returned because of insufficient or uncleared funds. Checks that are still uncollectible after this attempt will be returned to the City for processing. 3. Banking Supplies The depository bank will provide all necessary banking supplies. These shall include, but not be limited to, tamper -proof deposit bags (preferably disposable style deposit bags), deposit slips (three -part carbonless), deposit stamps, coin wrappers and envelopes. The bank will also provide an adequate supply of night deposit box keys for branches utilized. The fee for these supplies will be included in our compensating balance. 4. Armored Courier Services The bank proposal will offer courier service for the same day deposit of City funds from the City Hall location (100 East Boynton Beach Boulevard) to the bank on a daily (Monday through Friday) basis, and Boynton Beach Municipal Golf Course, 8020 Jog Road, West Palm Beach. The services will be considered to be utilized for deposits by the City, wire transfer and debit/credit authorizations, delivery of receipted deposit tickets, bank statements and any other correspondence between the bank and the City. 13 5. Bank Collateralization of City Funds Deposits in excess of Federal Deposit Insurance Corporation (FDIC) coverage must be fully collateralized as described in Florida Statutes, Chapter 280, Florida Security of Public Deposits Act. 6. Overdraft Protection The City will make every effort to assure that collected funds in the bank are equal to or exceed the gross amount of checks issued. However, if an unintentional overdraft condition occurs, all checks presented for payment shall be paid. The Director of Finance, or the designee shall confirm wires or ACH transfers that will result in an overdraft. The bank shall complete the wire /ACH transfer after confirmation. No service fee shall be charged to the City for overdrafts. The amount of the overdraft is to be deducted from the respective account balance before calculating the overnight interest earnings. Reductions to the investable cash balances must be shown on the monthly investment activity statement. 7. Lock Box Services The City currently does not use lock box services for City water and sewer service, but the contract proposal can incorporate such service for future consideration. 8. Treasury Management System The City would like to utilize a PC based Treasury Management System to retrieve daily bank balances and transactions. In addition, the system would be used to initiate wire transfers, stop payments and internal transfers. It would also provide data base management as well as worksheet analysis capabilities. 9. Checking Accounts and Payroll Check Cashing The bank will provide, free of charge, checking accounts and payroll cash checking privileges for City employees upon presentation of appropriate identification. Employee personal account relationship will not prevent the employee from cashing a payroll check issued by the City of Boynton Beach. 10. Continuous Service The depository bank will have and maintain sufficient staff to support these requirements on a continuing basis without interruption of service. Severe or repeated breakdown of service for this reason will be cause for cancellation of the Contract. The City requires that the bank designate one of its cash management service personnel who will act as liaison with the City for matters regarding its account. The City reserves the right to approve the person so designated and further reserves the right to approve in advance the designation of any successor liaison. 14 11. Payment Payment will be accomplished by a "specific charges for service" method. The bank shall submit monthly invoices for all services rendered for the preceding month. Such invoices shall be accompanied by an account analysis for each account and a summary analysis for all accounts combined which will itemize all charges. The analysis shall contain, at a minimum, average daily ledger balance, less float and reserve requirements to arrive at a net collected balance. The City will review the monthly account analysis and reconcile any discrepancies. Twice a year the City will issue a check to the bank for overages in the analysis account. There will be no automatic debiting of the City's accounts for overages in the analysis account. 12. Miscellaneous Charges The bank will supply details to support all charges for miscellaneous items such as: phone calls, copying, deposit slips, etc. No charge is to be submitted that is not supported by an invoice. 13. Access to Records The City, or its authorized representatives, shall have access to the books and records maintained by the bank, with respect to such City bank accounts at all reasonable times, including the inspection or copying of such books and records and all memoranda, checks, correspondence, or documents pertaining thereto. The bank as required by applicable regulatory bodies shall preserve such books and records. 14. Utility Customer Services The City currently uses ACH debit, credit cards and on -line payments for utility customers to pay monthly billings. Include fee for processing such services. E. Investment Services to be Provided 1. Wire Transfer of Funds /Additional Services The bank will be required to accept verbal requests from an established list of authorized City personnel for the execution of wire transfer of City funds to various vendors as well as with other banks, federal agencies, and government securities dealers, in connection with the City's purchase, sale, or redemption, of investment securities such as United States Government obligations, Certificates of Deposit, and repurchase agreements. No guarantee or warranty can be given as to exact number of transactions that will be required. All investment transactions will require DVP (Delivery- Versus - Payment) instructions unless otherwise specifically stipulated and later confirmed in writing. To assure that the verbal instructions are adequately controlled, the City is willing to establish safeguards including but not limited to passwords, facsimile, formal written confirmations, and reasonable practices requested by the bank. 15 2. Electronic Funds Transfers /Automated Clearing House /Letters of Credit The bank will be required to accept or send electronic funds, automated clearing house and magnetic tape transfers and be able to process letters of credit from federal agencies for deposit to City accounts. Notification followed by written confirmation will be required from the bank for each transaction. 3. Safekeeping Services The bank may be required to act as custodian of the City's investment securities. For safekeeping purposes, the bank would be required to evidence custody by providing an original non - negotiable safekeeping receipt. Such receipts must name the institution holding the security, describe the security, represent that the security is owned by the City and specify that the securities can be released only upon authority by the Director of Finance or designee. The City's local bank depository will not be required to have the securities in its physical possession if it provides a safekeeping receipt for the securities from another institution approved by the Director of Finance or designee, and if such secondary safekeeping receipts satisfies each of the requirements indicated above. The bank will provide, as of the last day of each month, a detailed listing of securities held in safekeeping, including each security's description and its current market value. 4. Master Repurchase and Custodial Agreements The City may arrange third party safekeeping, with another financial institution, when securities are purchased either directly or under repurchase agreements from the bank. The bank agrees to negotiate a "Master Repurchase and Custodial Agreement" to be executed between the City, the bank and third party financial institutions selected by the City. The City will pay for costs associated with this agreement directly. A copy of the "Master Repurchase and Custodial Agreement" must be included with this RFP proposal. Simultaneously, the bank will issue a safekeeping receipt for the specific securities sold to the City under the terms of the repurchase agreement, evidencing clear ownership of the securities by the City. Such evidence of ownership is subject to the examination and approval by the City, and lack of satisfactory evidence of ownership and sufficiency of market value shall constitute breach of this contract. 5. Sweep Type Account At the close of each business day, the resulting final available collected balance shall be transferred out and invested within the Bank overnight. This investment balance shall be transferred back to the Investment Account at the beginning of the next business day. Interest earned overnight shall be deposited in a like manner. As with all daily account transactions, the City shall be furnished with appropriate debit and credit advices for these transactions on the next ensuing banking day. The vehicle for 16 overnight investment may be in the form of a Repurchase Agreement (REPO) for the proposer may propose an alternative deposit investment agreement. The earnings rate on either such agreement shall be determined on a 360 -day basis. Proposers shall include in their proposal, minimum and incremental investable balance amounts. This rate shall be determined from the daily Federal Funds Rate as published each week in the Federal Reserve Statistical Release H. 15(519). The rate offered is to be stated in the Proposal Quotation Form (Attachment "B ") as follows: 1. Unadjusted from the daily Federal Funds Rate or, 2. In full basis points as an addition to the daily Federal Funds Rate (e.g., plus 25 basis points) or, 3. In full basis points as a reduction to the daily Federal Funds Rate (e.g., minus 25 basis points). The City requires collateral on repurchase balances, assuming this investment vehicle is used. Collateral must be U.S. Treasuries, with market value equal to at least 103% of the repurchase agreement. Market value must be determined daily by the Bank and collateral increased accordingly. Further, collateral must be in the District's name and held by a third party custodian, or the Bank's Trust Department, in the case of open repurchase investments. A safekeeping receipt, which fully describes the securities, shall be issued directly to the City by the third party institution. The safekeeping receipt and the terms of the repurchase agreement shall show clear evidence of ownership by the City. The evidence of ownership, types of securities, sufficiency of market value, and length of maturities are subject to examination and acceptance by the City. F. Availability of Funds The proposer shall furnish the City with its time schedule for the clearing of all other deposits. The schedule shall contain the latest time of the day for deposits to incur the least number of days for clearing each of the following deposit items. 1. Cash 2. Checks drawn on: a. The selected Bank ( "on -us" items) b. Banks clearing through the Miami Branch of the Federal Reserve Bank of Atlanta. c. Banks clearing thorough the Jacksonville Branch of the Federal Reserve Bank of Atlanta. d. Banks clearing directly through the Atlanta Federal Reserve Bank or its other branches. e. Banks clearing through other Federal Reserve Banks. f. Checks issued by the State of Florida g. Checks issued by the U.S. Government h. Foreign Banks 17 3. The City requests the following specific availability /deposit procedures. a. Same day credit for U.S. Treasury checks. b. Insurance drafts will be processed the same as other checks deposited. No "holds" on funds will be permitted. c. Canadian and other foreign checks will be processed as deposited in U.S. Dollars. A foreign exchange discount or other processing charge will not be permitted. It is anticipated that no item on the schedule would require more than three days as the longest clearing time since the Federal Reserve guarantees three day clearing. The proposer is not to submit copies of availability or clearing schedules that are imposed on banks by Federal Reserve Banks or other lending houses. . G. Direct Deposit of Employees' Pay The Bank shall provide for the direct deposit of employees' pay with the Bank at no charge to the City. This service shall be provided to all employees who voluntarily authorize direct deposit to their bank account. Funds for direct deposit will be transferred into the Payroll Account on each pay date in conjunction with the transfer of other payrolls. No earlier transfer of such funds shall occur. Information needed by the Bank to accommodate direct deposit shall be negotiated with an authorized representative of the City. H. Anticipated Future Services The City has made efforts to keep up with cash management technological improvements and plans to continue to expand functions in this area with the contracted bank. The bank should provide details on available services including related applicable costs to the City. The City may elect to utilize any, all, or none of these services during the contract period. The City's use of any optional services will be contingent on cost and feasibility. I. Contact Personnel for Banking Services 1. Designated Bank Contact Personnel The Bank shall designate a senior officer who shall serve as the overall representative to the City. In addition, the Bank shall designate contact personnel and alternates to provide assistance to the City in the following areas on a daily basis: a. Overnight cash balances /interest earned. b. Bookkeeping c. Availability of Funds d. Wire Transfers e. Data Processing Center 18 2. Designation of Specific District Personnel Notwithstanding provision elsewhere, the City will identify to the selected Bank the names and signatures where applicable, of persons who are authorized to provide instruction for various banking activities and transactions. J. Other Provisions 1. It has been the City's intent to delineate all contract services it requires in the RFP. Additional services, if required, shall be contracted by a contract amendment signed by the City and the Bank. K. Employee Benefits 1. Employee Benefits The proposal should consider any banking benefits that could be provided to the City of Boynton Beach employees that have not been previously addressed in this RFP. This would include: free checks, no monthly service fee, discounts on mortgage points, safety deposit boxes, and any other banking services which could benefit our employees. The City has approximately 900 employees and currently has a direct deposit program. L. Optional Services Other The bank should provide information on other relevant services or programs not mentioned in the RFP, including applicable costs to the City. 19 THREE YEAR CONTRACT FOR BANKING SERVICES INSTRUCTIONS FOR PREPARING PROPOSALS — PART III 3 -1 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to the RFP. 3 -2 PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: A. Letter of Transmittal — This letter will summarize in a brief and concise manner, the proposer's understanding of the scope of work and make a positive commitment to timely perform the work. The letter must name all of the persons authorized to make representations for the proposer, including the titles, addresses, and telephone numbers of such persons. An authorized agent of the proposer must sign the Letter of Transmittal indicating the agent's title or authority. The letters should not exceed two pages in length. B. Statement acknowledging receipt of each addendum issued by the City. C. Qualifications of Firm Personnel Who Will Provide the Services. 1. Details on the qualifications of the individual(s) who will perform the work; including curriculum vitae, relevant college, graduate or professional courses and experience in similar work. 2. Details on the qualifications of the firm, including documentation of the firm's experience. 3. List at least three (3) current and pertinent governmental references (name, address, and phone number) that the City may contact in relation to the proposer's qualifications and experience in similar type work. 4. List at least three (3) former governmental clients (name, address, telephone number) that can serve as a reference on similar past contracts performed by the proposer. 20 D. Proposal Summary Proposals are to be submitted on the attached Proposal Summary Form or copies thereof. Proposals may not be considered unless they are submitted on this form. 1. It shall be assumed that individual banking services which are offered meet or exceed the requirements as stated in the accompanying specifications. If the Proposer cannot meet a service requirement, the phrase "not available" should be entered on the Proposal Form for that service requirement. In the case of a "not available" remark, the bank may offer an alternative service. Multiple Proposals and Alternate Proposals may be submitted for consideration. 2. This RFP presents the City's requirements under present methods of operation. Responses to the request should address these requirements, but Proposers are encouraged to suggest any additional services which, in their opinion, would be in the best interest of the City. 3. Proposals may be submitted which deviate from the requirements herein, providing that they are clearly identified as alternate proposals and providing further that it can be demonstrated that stated requirements are substantially improved or are not compromised or prejudiced by such deviations; and, that it would be clearly in the interest of the City that an alternative proposal be considered. Such alternative proposals will be provisionally accepted for consideration, subject to the reserved right of the City to make the determination whether the above stated conditions for alternative proposals have been satisfied and subject further to the reserved right of the City to accept or reject these proposals upon the basis of the determination. E. Availability - Indicate current and anticipated banking capacity, system upgrades or conversions and availability for other customer services. Identify the extent and nature of any anticipated outside support. F. Other 1. Provide evidence of current levels of insurance in area of General Liability, Workers' Compensation and Professional Liability. 2. Provide evidence of current level of bonding capacity for the services provided by proposer. 3. Provide a statement of proposer's financial stability, including information as to current or prior bankruptcy proceedings. 4. Provide a summary of any major litigation filed against the proposer in the past three years which is related to the services that proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. 21 5. Identify the type of business entity involved (e.g., sole proprietorship, partnership, corporation, etc.). Identify whether the business entity is incorporated in Florida, another state or a foreign country. 6. If proposer is a corporation, provide certification from the Florida Secretary of State verifying proposer's corporate status and good standing, and in the case of out -of -state corporations, evidence of authority to do business in the State of Florida. 7. Provide the Federal Employer ID number of the proposer. G. Additional Data — Any additional information that the proposer considers pertinent for consideration should be included in a separate section of the proposal. The City solicits a statement about why the proposer feels its approach would be the most cost effective to the City. 22 THREE YEAR CONTRACT FOR BANKING SERVICES INSTRUCTIONS FOR PREPARING PROPOSALS — PART III 4 -1 EVALUATION METHOD AND CRITERIA The City will evaluate proposals and will select the proposer which meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. The City's evaluation criterion may include but shall not be limited to consideration of the following: Qualifications: Verification of availability of qualified personnel Verification of availability of equipment Ability to provide required services Expertise of human resources Qualifications of the firm Governmental experience Governmental references Technical: Understanding of the required services Technical soundness of proposal Scope of Work Financial: Cost Effectiveness Reasonableness of proposed prices Evidence of insurance and/or bonding Financial stability of the Firm Other: Location of Firm/Branches Previous contracting experience with the City Performance under past contracts with the City Community involvement 23 4 -2 EVALUATION CRITERIA Since it is the City's desire to award a contract for banking services to the financial institution which demonstrates the ability to provide the highest quality service at the best cost, the criteria used to select the depository bank will include, but not be limited to: a. Cost of services and investment earnings rate will be evaluated based on the proposal summary. 0 — 55 b. Ability to provide the type and quality of services requested within this proposal. This includes the responsiveness of the bank in meeting the requirements. 0 — 25 c. Prior experiences in providing banking services to governments, including organizational structure of qualified personnel available to service the City. 0 — 10 d. Financial stability of the bank will be evaluated based on audited financial statement and bank rating agencies. 0 — 05 e. Other Factors: 0 - 05 1. Financial services available from the bank above and beyond those called for herein. 2. Location of bank/branches. 3. Bank/branches customer service hours. 4. Community service involvement. Maximum Points 100 24 GENERAL CONDITIONS FOR PROPOSERS FAMILIARITY WITH LAWS: The proposer is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the proposer will in no way relieve them from responsibility. PROPOSAL FORMS: The proposer will submit a proposal on the forms provided. All proposal prices, amounts and descriptive information must be legibly entered. The proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The proposer is required to be licensed to do business as an individual, partnership or corporation in the State of Florida. All forms must be executed and submitted in the envelope (generally "yellow ") provided by the City for easy identification. The RFP submittal envelope is provided in each RFP package and is attached to the "Statement of No Proposal" form. The face of the envelope shall contain the company's name and address, RFP title, number, RFP date and time. When the proposal submitted is larger than the envelope provided, insert requested information and material into a large envelope, affix the RFP envelope to the outside and fill in all requested information. Proposals not submitted on attached forms may be rejected. All proposals are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. EXECUTION OF PROPOSAL: Proposal must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO PROPOSAL: If not submitting a proposal, please respond by returning one copy of the "STATEMENT OF NO PROPOSAL" in the envelope provided (generally "yellow "), and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the supplier's name from the mailing list. NOTE: To qualify as a respondent, proposer must submit a "NO PROPOSAL" and it must be received no later than the stated RFP receiving date and hour. RFP OPENING: The opening of proposals shall be public, on the date as specified on the RFP form. It is the proposer's responsibility to assure that the proposal is delivered at the proper time and place prior to the RFP opening. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not so delivered, will not be considered. The City reserves the right to consider proposal that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal and no award has been made. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT PROPOSAL: The City reserves the right to reject any or all proposals and to waive technical errors, or to accept any proposals that are in part deemed as the best responsible proposer which represents the most advantageous proposal to the City. In determining the "most advantageous proposal ", price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life 25 expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a proposer's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the best responsible proposer meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any proposal or RFP procedure; C. Reject or cancel any or all proposals; D. Reissue Request For Proposal Invitation; E. Extend the RFP opening time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Request For Proposal Invitation unless the proposer specifies otherwise; H. Consider and accept an alternate proposal as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective proposer has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performances; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 26 INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the proposal form. Further, as may be specified elsewhere, each proposer must submit for evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous proposal or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFP opening. Inquiries must reference the date by which the RFP is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. SUBCONTRACTING: If a proposer subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors ". The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a subcontractor is named and to make the award to the proposer, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the proposal of any proposer if the proposal names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to proposers at the Office of Procurement Services, it is each proposer's responsibility to check with the issuing office and immediately secure all addenda before submitting proposals. It is the usual practice for the City to mail an addendum to known proposers, but it cannot be guaranteed that all proposers will receive ALL addendum(s) in this manner. Each proposer shall acknowledge receipt of ALL addenda by notation on the proposal. ESCALATOR CLAUSE: Any proposal which is submitted subject to an escalator clause will be rej ected. EXCEPTIONS: Incorporation in a proposal of exceptions to any portion(s), of the Contract documents may invalidate the proposal. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the proposer's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the proposal. The use of proposer's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base proposal is provided for, the proposer shall submit a proposal on the base proposal and may exercise their own prerogative in submitting a proposal on alternate items. The Owner reserves the right to accept or reject the alternates or base proposals or any 27 combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or whatsoever, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a proposal to the City of Boynton Beach, the proposer offers and agrees that if the proposal is accepted, the proposer will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the proposer. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful proposer to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the proposer will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list ". 28 ADVERTISING: In submitting a proposal, the proposer agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS ". ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The supplier hold and save the City of Boynton Beach, Florida its officers, agents, volunteers and employees harmless from liability of any kind in the performance of this Contract. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: This RFP may be expanded to include other governmental agencies. In some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All proposers submitting a response to this Request for Proposal Invitation agree that such response also constitutes a proposal to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, under the same conditions, for the same price(s) and the same effective period as this RFP. This agreement in no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, to re- propose any or all items. It is hereby made a part of this Request for Proposal Invitation that the submission of any proposal in response to this advertised request constitutes a proposal made under the same conditions, for the same Contract price, and for the same effective period as this RFP, to the PALM BEACH COUNTY SCHOOL BOARD. AWARD OF CONTRACT: The low monetary proposal will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the best responsible proposer whose proposal represents the most advantageous proposal to the City, price and other factors considered. Evaluation of proposals will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all proposals and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any proposer, damages, if any, resulting from an improper award shall be limited to actual proposal preparation costs incurred by the challenging proposer. In no case will the award be made until all necessary investigations have been made into the responsibility of the proposer and the City is satisfied that the best responsible proposer is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful proposer with the understanding that all items /services delivered must meet the specifications herein. Items /services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 29 PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink for all services as requested. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Proposers are expected to examine the specifications, delivery schedule, proposal prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at proposer's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. LICENSE AND PERMITS: It shall be the responsibility of the successful proposer to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. City Permit Fees relating to City projects are waived. Licenses and permits shall be readily available for review by the Deputy Director of Financial Services and City Inspectors. QUESTIONS: Any questions relative to any item(s) or portion of this RFP or Request for Proposal Invitation should be directed to: BILL ATKINS, DEPUTY DIRECTOR OF FINANCE, MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M. (561) 742 -6321. RENEWAL: The Deputy Director of Financial Services may renew the contract, at the same terms, conditions, and prices, for two (2) additional one (1) year periods not to extend beyond five years, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 30 SPECIAL CONDITIONS FOR PROPOSERS 1. It will be the responsibility of the successful proposer to supply necessary labor for placement of all equipment as specified. 2. Award is anticipated on an all -or -none basis; however, where applicable, item by item offers will be considered and the best combination will determine the award. 3. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 4. It shall be the responsibility of the successful proposer to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 5. When considering and evaluating proposals, an advantage will be given on items for which parts and service are sufficiently available locally so that excessive down time will not occur. Proposer should be ready to furnish information on availability on parts and service upon request by the City. 6. The City of Boynton Beach reserves the right, before awarding the Contract to require a proposer to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a proposer, including past performance (experience) with the City in making the award in the best interest of the City. 31 ATTACHMENT A City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder' and "The City of Boynton Beach is Additional Insured as respect to coverages noted " Insurance companies providing insurance coverages must have a current rating by A M. Best Co of "B +" or higher (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc , and the limits required by the City (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000 00 Commercial General Liability Products - Comp /Op Agg $ 1,000,000 00 Owners & Contractor's Protective (OCP) Personal & Adv Injury $ 1,000,000 00 Liquor Liability Each Occurrence $ 1,000,000 00 Professional Liability Fire Damage (any one fire) $ 50,000 00 Employees & Officers Med Expense (any one person) $ 5,000 00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000 00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000 00 Non -Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident $ 1,000,000 00 Any Auto Other Than Auto Only $ 100,000 00 Garage Keepers Liability Each Accident $ 1,000,000 00 Aggregate $ 1,000,000 00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000 00 Disease, Policy Limit $ 500,000 00 Disease Each Employee $ 100,000 00 Property Homeowners Revocable Permit $ 300,000 00 Builder's Risk Limits based on Project Cost Other - As Risk Identified to be determined INSURANCEADVISORYFORM04 Revised 10/2001 32 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE rr F r G J ' - ,tip PROPOSER ACKNOWLEDGEMENT Submit RFP's to: City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 -0310 (561) 742 -6323 Broadcast Date: OCTOBER 10, 2003 RFP Title: THREE YEAR CONTRACT FOR BANKING SERVICES RFP Number: #008 - 1410- 04 /CJD RFP Received By: NOVEMBER 12, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME). RFP's will be opened in the Purchasing Department unless specified otherwise. RFP receiving time and date is scheduled for: NOVEMBER 12, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Mailing Address: City /State /Zip: Area Code: Telephone Number: A Corporation of the State of: Vendor Mailing Date: Authorized Signature Name Typed 33 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Attachment `B" BANKING SERVICES PROPOSAL FORM Proposer to Complete the Following: Name of Bank: Telephone: Contact Person: Telephone: Address: Federal Tax Identification Number: Name of Official Completing RFP: Title: 1. Type of Bank (Federal or State Charter): 2. Is your Bank a member of the Federal Depository Insurance Corp? Yes No 3. Is your Bank a member of the Federal Reserve System? Yes No _ 4. Is your Bank a member of NACHA? Yes No 5. Deposits Federally insured up to: 6. Authorized Public Depository? Yes No If No, you understand that your must become a Public Depository? Yes No and will comply. 7. Number of branches located within the City of Boynton Beach: 8. Please Attach a list which includes location, business hours, and if there is a night depository for each branch. Attached: Yes No 9. List any local governmental agencies that you have provided the type of services required herein: Phone: Phone: Phone: 34 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Attachment "B" 10. The bank will furnish the City an Availability of Funds Schedule for the clearing of deposits. The schedule shall contain the latest time of the day for deposits to incur the least number of days clearing each of the following deposit items: Checks drawn on: a. The Selected Bank (on -us items) b. Local (Palm Beach County) Checks c. State Checks d. U.S. Government Checks e. Interstate Checks f. Do you provide for fractional availability If yes, provide explanation with a supplement to the RFP 11. a) Include a copy of your most recently audited financial statements. Included: Yes No b) From this report, please indicate its effective date and amount of capital and surplus for your institution. Capital $ Surplus $ Total $ Date: 12. Is your bank an Equal Opportunity Lender? Yes No 13. List below the name, address, and telephone number of bank's qualified and authorized representative who can answer any questions regarding your proposal: Name: Telephone No.: Address: Signature of Official: Date: 14. Pricing: Proposer is required to complete the following pricing list which reflects the estimated requirements of the City, and will be the determining factor in evaluating the cost of services. These services will be required at the start of the contract. Indicate N/C if there is no charge for an item. If proposer wishes to incorporate additional service items, please use blanks provided or attach a supplement to the RFP. 35 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Attachment "B" A. Complete Attachment "C" for this part of the RFP. B. Sweep Type Account Interest Rate: Pursuant to the Sweep Type Account, please indicate below the adjustment to the Federal Funds Rate to be in effect for the term of this contract: 1. Assumed Effective Federal Funds Rate 3.00 % 2. Fixed Adjustment Factor: Plus number of basis points + or Minus number of basis points - 3. Effective Rate for Week C. Overdraft Protection: (If charges are different from those as provided in the following schedule, attach a supplemental explanation). 1. Insufficient Funds — Rate to be charged when collected funds are insufficient to cover cleared items. Rate: % or Other Index Per Item Charge 2. Cleared Items in excess of "Target Balance" — Rate to be charged when collected funds are insufficient to cover cleared items due to the funds being swept into the repo. Rate: % or Other Index Per Item Charge 36 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Attachment `B" D. Credit Card Processing Fee Schedule: The discount and /or fee charged on credit card transactions: Visa: MasterCard: Rate: Per Item Charge: 15. Proposer shall provide information regarding services listed below, including details about how the service could be utilized and the proposed cost associated with each service. Identify all responses by referencing the letter of the question. These services will be used as needed: A. Fiscal Agent/Registrar: Describe the type of services you can provide when the City issues bonds andlor notes. B. Treasury Management Microcomputer System: Describe the services you can provide such as: bank balance retrieval, on -line stop payment capabilities, wire transfers initiated by the customer from a micro station, cash forecasting with interface to actual amount activity, investment record keeping and sorting features by maturity date, type of investment, source institution and date, downloading of ledger balances to a micro station. C. Electronic Funds Transfer: Describe the services you are able to provide for the payment to vendors through the Automated Clearinghouse by means of electronic funds transfer. (If additional space is required, please include as an appendix to your proposal). D. Direct Payroll Deposit: Provide details of how your bank administers Direct Payroll Deposit Programs. Is there a limitation as to participating financial institutions? In what form and timeframe would you need the information regarding the City's employees and their respective account numbers, payroll amounts, and identification numbers? E. Lock Box Services: Describe your lock box services. Will a subcontractor be utilized? How will the services be performed? Who is responsible for each function? What City do you plan to utilize for the lock box mail collection site? 37 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Attachment "B" F. Credit Services: Indicate the dollar amount of credit you would be able to extend to the City on a short-term basis through promissory note or line of credit if the City decides to avail itself of such services from your institution. The loan funds may be provided either directly by your institution or by your institution as the lead bank with other participating banks. G. Lease Financing: Describe the type of financial services you can provide to the City for leasing machinery or equipment ($1 million - $5 million items). Include any limitations your bank may have. H. Money Manager: Describe the services you can provide in the area of money management of public funds. Include any current government clients. I. Custodial Services: Describe the custodial services and applicable rates for servicing our pension fund accounts. J. ACH Debit Services and/or Credit Cards: Describe services which you have available to allow utility customers to pay the City by ACH Debit or credit card. K. Other Innovations: Propose any new financial services, plans or practices deemed to be in the best interest of the City not otherwise addressed in this RFP. 16. Proposer Questionnaire: 1. What are your limitations in providing collateral for Repurchase Agreements? For example, can you provide more than $20,000,000 in U.S. Government securities as collateral for an overnight investment. 2. What is the largest volume of paid items your bank processes in one month for a single commercial account? 3. What is the largest volume of deposit items your bank processes in one month for a single commercial account? 4. Describe your wire transfer department. Where is it located, who manages it and what is your normal cut -off time for outgoing transfers? 5. What length of time do you need to obtain supplies initially and subsequently? For example, how long would it take to obtain a supply of the necessary deposit receipt books? 6. Describe your account reconciliation department. Where is it located, who manages it, and what is the timing for completion of reconciliation after receipt of input information from the customer? 38 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Attachment `B" 7. What type of software do you have available for access by telephone to various City accounts for inquiry purposes? 8. What length of time does your bank need to set up lock box processing with an OCR Scanable document. 9. Describe how the bank will handle mistakes by the bank which could cause loss of interest, or an interest penalty being accessed to the City due to a delay, or mistake, caused by the bank? For example, a wire transfer not made till subsequent day, or a tax payment where the bank was notified in a timely manner but transfer was not made on time. 39 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Attachment "C" City of Boynton Beach Contract for Banking Services RFP No. Proposal Summary Form Estimated Monthly Unit Total Description Units Price Charge Basic Services: FDIC Insurance (per thousand) 250,000 Account Maintenance 6 Armored Courier Service Deposits Credited 94 ACH Deposits Credited 38 Items Paid 5,033 ACH Items Paid 2 Items Deposited Services: On -Us Items 4,162 Clearinghouse 9,419 Florida Fed 4,813 Non Florida 3,300 Cash Services: Cash Deposit Per $1,000 16 Branch Cash Services: Cash Deposit Per $1,000 176 Change Orders 1 Deposit Services: Items Returned 43 Rerun Items 73 Investment Services: Sweep Investment Service 1 Reconciliation Services: Partial Recon- Maintenance 2 Fine Sort — Per Item 4,732 Partial Recon Per Item 4,732 Reconciliation Rejects 50 Magnetic Tape Output — ARP 2 40 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER State of ) County of ) , being first duly sworn, deposes and says that: 1) I am representing (Title) (Name of Company) the proposer that has submitted the attached RFP. 2) I am fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3) Said proposal is genuine and is not a collusive or sham proposal; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, firm or person to submit a collusive or sham proposal in connection with the Contract for which the attached RFP has been submitted or to refrain from proposing in connection with such Contract, or ahs in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, firm or person to fix the price or prices in the attached RFP or of any other proposer, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached RFP are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of , 20 My commission expires 42 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL ANTI- KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein RFP will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Signature Printed Information: (Name) (Title) Sworn and subscribed before me this day of , 20 Notary Public, State of Florida at Large "Official Notary Seal" Stamp 43 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL CONFIRMATION OF MINORITY OWNED BUSINESS A request form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your proposal sheet making it an official part of your RFP response. ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a certification qualifying your business as a "Minority Owned Business "? YES NO If YES, name the organization from which this certification was obtained and date (enclose copy): Issuing Organization for Certification Date of Certification 44 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL CONFIRMATION OF DRUG -FREE WORKPLACE IDENTICAL TIE RFP'S Preference shall be given to businesses with drug -fee workplace programs. Whenever two or more RFP's which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, an RFP received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie RFP's will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the work place, the business's policy of maintaining a drug -free work place, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any controlled substance law of the United State or any state, for a violation occurring in the work place no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free work place through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Date 45 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL STATEMENT OF NO PROPOSAL If you are not proposing this service /commodity, please complete and return this form to: City of Boynton Beach, Purchasing Division, 100 East Boynton Beach Boulevard., Boynton Beach, Florida 33425 -0310. Failure to respond may result in deletion of your company's name from the qualified vendor list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to submit a Proposal on your RFP# 008 -2511- 04 /CJD Three Year Contract for Banking Services because of the following reasons: Specifications /Scope of Work too "tight ", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond. We do not offer this product, service or an equivalent. Our schedule would not permit us to perform. Unable to meet specifications. Specifications unclear (explain below). Other (specify below) REMARK: 46 IF YOU ARE NOT SUBMITTING A PROPOSAL, PLEASE COMPLETE FORM AND RETURN TO THE PURCHASING DEPARTMENT ATTACHMENT "D" CITY OF BOYNTON BEACH SAMPLE AGREEMENT FOR BANKING SERVICES THIS AGREEMENT, made and entered into this day of , 20 , by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "City ", and , a State chartered banking institution, herein referred to as "Bank ". WITNESSETH: WHEREAS, the City is desirous of entering into a contractual agreement with a financial institution to provide the City's banking services; and WHEREAS, the City received proposals, conducted interviews, and recommended the selection of Bank to provide such banking services; NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises herein contained, the parties hereto agree as follows: 1. TIME FOR PERFORMANCE: The performance of the Agreement shall commence on , 20 and shall remain in effect for a three year period to , 20 . The City will have the option to extend the contract for another two -year period, providing both parties mutually agree. Any proposed changes by the bank relating to the extension will be provided to the City 90 days prior to the contract expiration date. 2. SCOPE OF SERVICES: Bank agrees to provide the services specified, with the personnel specified, and at the costs specified in its proposal to the City, said proposal being attached as Exhibit "A" and incorporated by reference herein and made a part hereof as fully as if herein set forth. Bank hereby acknowledges submitting said proposal in response to the City's Request for Proposal for Banking Services, said Request for Proposal for Banking Services being attached as Exhibit "B ", incorporated by reference herein and made a part hereof as fully as if herein set forth. 3. PAYMENT FOR SERVICES: The City agrees to provide payment to Bank under the following payment arrangement: Payment will be made by a "specific charges for service" method. The Bank shall submit monthly invoices for all services rendered for the preceding month. Such invoices shall be accompanied by an account analysis for each account and a summary analysis for all accounts combined which will itemize all charges. The analysis shall contain, at a minimum, average daily ledger balance, less float and reserve requirements to arrive at a net collected balance. Following the City's opportunity to review the monthly account analysis, and reconcile any discrepancies, a check will be issued to the Bank for the approved charges, less any A -1 ATTACHMENT "D" contested charges. There shall be no automatic debiting of the City's accounts for service charges. 4. IMPLEMENTING SPECIAL PROVISIONS OF AGREEMENT: Representatives of the parties are hereby authorized to meet and draft any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of operation shall become effective upon acceptance by the Finance Director, Diane Reese, and Bank. Said plans and procedures of operation shall be subject to change upon mutual agreement and consent of the parties, which agreement and consent shall not be unreasonably withheld or denied. 5. INDEMNIFICATION: Bank shall indemnify, defend and hold harmless the City, it officers, elected officials, agents and employees, from and against any and all claims, actions, losses (including economic losses), or liability, or any portion thereof, including attorneys fees and costs, arising from any actual or alleged a) injury, sickness, disease, or death to person, the employees, or damage or injury to property occasioned by a negligent act, omission or failure of the Bank; b) violation of law, statute, ordinance, governmental administration order, rule, regulation, of infringement of patent rights by Bank in the performance of the Scope of Services; or c) liens, claims or actions make by the Bank or its agents, subsidiaries or other party performing the work. The indemnification obligations herein shall not be limited by any limitation of the amount, type of damages, compensation, or benefits payable by or for the Bank under worker's compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by Bank. With regard to any financial loss which may be suffered by the City as a result of or due to intentional or negligent acts of commission or omission by Bank, Bank hereby agrees to reimburse and hold harmless the City for such loss. 6. INSURANCE: The Bank shall secure and maintain in force throughout the duration of this all required insurance as set forth in Attachment "A" attached hereto and incorporated herein. Each insurance policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 7. CONVENANT AGAINST CONTINGENT FEES: The Bank warrants that they have not employed or retained any company or person, other than a bonafide employee working solely of the Bank, to solicit or secure this contract, and that the Bank has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Bank, an fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making this contract. For breech or violation this warranty, the City shall by the right to annul this contract without A -2 ATTACHMENT "D" 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, gift or contingent fee. 8. DISCRIMINATION PROHIBITED: The Bank, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials and supplies. 9. ASSIGNMENT: The Bank shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 10. NON - WAIVER: Waiver by the City of any provision of this agreement or any time limitation provided for in agreement shall not constitute a waiver of any other provision. 11. TERMINATION: The City reserves the right to terminate this agreement at any time by giving 30 (thirty) days written notice to the Bank. 12. DISPUTES: Any dispute out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, Florida. 13. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33424 -0310 ATTENTION: DIANE REESE, DIRECTOR OF FINANCE Notices to Bank shall be sent to the following address: ATTN: Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received; however facsimiles received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must also be mailed as required herein. 14. INTEGRATED AGREEMENT: This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Bank and A -3 ATTACHMENT "D" supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and Bank. 15. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, and any representatives or statements heretofore made with respect to such subject matter, whether verbal or written, are merged herein. 17. This Agreement shall be construed in accordance with the laws of the State of Florida and any remedies of the parties pertaining thereto shall likewise be governed by said laws. IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized officials, have executed this Agreement as of the day and year first above written. DATED this of 20 . CITY OF BOYNTON BEACH BANK City Manager Date Authorized Representative Date City Attorney Date Attest/Authenticated: City Clerk (Corporate Seal) A -4 , to the City of Boynton Beach SerikeS BankofAmerica City of Boynton Beach Attachment "C" Contract for Banking Services RFP No. Proposal Summary Form Description Estimated Unit Price Total Charge Monthly Units Basic Services: FDIC Insurance (per thousand) — please 250,000 0.0118 $3.54 note this is a pass through rate and subject to change Account Maintenance — per account, per 6 7.50 $45.00 month Armored Courier Service Not N/A Applicable (N /A) Deposits Credited 94 No Charge No Charge ACH Deposits Credited 38 No Charge No Charge Items Paid 5,033 0.075 $377.48 Ach Items Paid 2 0.075 $0.15 Items Deposited Services: On -US Items 4,162 0.035 $145.67 Clearinghouse 9,419 _ 0.035 $329.67 Florida Fed 4,813 0.05 $240.65 Non Florida 3,300 0.06 $198.00 Cash Services: Cash Deposit Per $1,00 — Please note Bank 160 0.04 $6.40 of America charges on a per $100 cash deposited basis — this charge is $0.04 per $100 cash deposited — Branch Cash Services: Cash Deposit Per $1,000 — Please note Bank 1760 0.04 $70.40 of America charges on a per $100 cash deposited basis — this charge is $0.04 per $100 cash deposited Change Orders 1 2.00 $2.00 Deposit Services: Items Returned 43 1.00 $43.00 Return Items 73 No Charge No Charge RFP# 008 - 1410- 04 /CJD Page 58 City of Boynton Beach = Bank of America '' Investment Services: Sweep Investment Service - Please note this 1 50.00 Please note this charge does not apply with a Public Funds charge does not Interest on Checking Account apply with a Public Funds Interest on Checking Account Reconciliation Services: Partial Recon - Maintenance 2 20.00 $40.00 Fine Sort — Per Item (Please note the City no 4,732 0.025 $118.30 longer utilizes a Check Sort service, instead checks are sent back imaged on a CD ROM) Partial Recon Per Item 4,732 0.045 $212.94 Reconciliation Rejects 50 N/A N/A Magnetic Tape Output — ARP — (Please note 2 20.00 $40.00 the City does not currently receive a magnetic tape for output, they receive a Transmission — the price for transmission output is $20.00 per transmission). Transfer Services: Internal Transfer (Bank of America Direct 4 2.00 $8.00 Account Transfer) Wire Transfer Services: Telephone Notification — Please note the City 8 2.00 $16.00 has access to view wire transfers online via Bank of America Direct, which would eliminate this charge. Wire Transfers (Incoming) 4 8.00 $32.00 Wire Transfers (Outgoing) — PC Initiated 4 8.00 $32.00 Electronic Banking: Statement Reports 23 Please refer to the Additional Services Page Accounts on Statement Report 1 Please refer to the Additional Services Page Activity Services Rendered: Accounts on Statement Report 1 Please refer to the Additional Services Page RFP# 008 - 1410- 04 /CJD Page 59 illieqievese-tstite City of Boynton Beach • Services BankofAmerica Detail Items Stored (Bank of America Direct 40 0.07 $2.80 — Previous Day Detail (5 day storage) OnLine Stop Payment — Maint. (There is no 4 No Charge No Charge maintenance charge for accounts to have the ability to initiate stop payments) Supplies: Checks — Treasurer's Account — via Clarke 1,100 No Charge No Charge American Checks — Payroll Account — via Clarke 3,400 No Charge No Charge American Deposit Slips (3 Part NCR) — via Clarke 94 No Charge No Charge American Disposable Tamper — Proof Deposit Bags No Charge No Charge Endorsement Stamps No Charge No Charge Direct Deposit Payroll: ACH Maintenance 1 20.00 $20.00 ACH Items (ACH 2 day credits) 600 0.075 $45.00 ACH Output Transmission 2 10.00 $20.00 ACH item Returned 3.50 Other Activities: Balance Inquiries No Charge Research Items No Charge Microfilm Copies — Per Request 3.00 Photocopies 3.00 Other Service Fees: Please refer to the additional services page. Cost for Optional Addtl. Services: Lockbox Services Number of Incoming Checks — 11,000 Please refer to the Regulus Proposal included in the Attachment section of this response. Total Cost of Services: $2,049.00 RFP# 008 - 1410- 04 /CJD Page 60 cry ofBoynton Beach lonvices BankofAmerica ADDITIONAL PRICING SCHEDULE Balance Related Services Bank of America Negative Collected Balance Prime +3% Depository Service Deposited Items Encoding Charge — please note this charge only applies to unencoded deposited items 0.00 Deposited Items Rejected (applies to encoded items) 0.25 Stop Payments (Manual) 30.00 Overdrafts/NSFs 30.00 Cashier Checks 6.00 Money Orders 4.00 Cash Processing Services Currency ordered Per $100 (vault/banking center) 0.09 Change ordered — per roll 0.08 Cash/Non -Cash Correction 3.00 General ACH Services ACH Blocks and Filters — (per account /per month) 20.00 ACH NOCs reports online via Bank of America Direct (CARR/CARRS report) — per item 1.00 ACH Reports — Fax 3.00 ACH Reports — Mail 10.00 ACH Per Item (one day debits /credits) 0.11 ACH Per Item (two day debits /credits) 0.075 Account Reconciliation Services Stale Date Maint.(optional service with Full Recon or Positive Pay) 50.00 Maximum Dollar Amount Maint. (optional service with Full Recon or Positive Pay) 50.00 Positive Pay — Return other than Fraud 10.00 Positive Pay — Manual Issues 0.50 Check Sort — Monthly Maintenance 15.00 Image Onsite CD ROM — Monthly Maintenance 25.00 Image Onsite — Per Item 0.04 Image Onsite — Per CD Charge 10.00 Bank of America Direct Service Bank of America Direct Current Day Monthly Maintenance 50.00 Bank of America Direct Previous Day Monthly Maintenance 50.00 RFP# 008- 1410- 04 /CJD Page 61 City of Benton Beach Bank of America ! � ADDITIONAL PRICING SCHEDULE Balance Related Services Bank of America Direct Current Day and/or Previous Day Detail Standard (5 day storage) 0.07 Bank of America Direct Previous Day — Extended Storage (25 days storage) 0.09 Bank of America Direct Per Account Maintenance 10.00 Bank of America Direct Online Bank Statements — per account /per month 20.00 Bank of America Direct Stop Payment initiated — less than 12 Months duration 12.00 Bank of America Direct Stop Payment initiated — more than 12 Months duration 20.00 Direct Stop Pay Inquiry 1.00 Direct Paid Item Inquiry 1.00 Direct Paid Item Viewed 0.50 Bank of America Direct — Online Analysis Statements No charge Bank of America Direct — Sweep Activity Report (please note this report would not be needed with a Public Funds Interest on Checking) 15.00 Wire Transfer Services Bank of America Direct Template Storage 1.00 Incoming Book Wire Credit 5.00 Manual Book Transfer 7.50 Manual Wire 15.00 Zero Balance Account Master Account Monthly Maintenance No Charge Sub Account Monthly Maintenance No Charge Safekeeping Services Deposits/Withdrawals 16.50 Security Pledging/Releasing 20.00 Safekeeping - Disbursement Fees: - MBS /ABS Paydowns & Other Unique Securities Income Processing 16.50 - Interest Collection/Disbursement for credit to Account 1.00 - Redemptions /Maturities /Called Bonds for Credit to Account 1.00 - Disbursement via Check or Wire 5.00 Account Maintenance — Monthly Fees 5.00 Account Billing Fee — Annual 50.00 Verification Statement 5.00 RFP# 008 - 1410- 04 /CJD Page 62 } to the City of Boynton Beach SetViCeS Bank of America „ ADDITIONAL PRICING SCHEDULE Balance Related Services Safekeeping - Disbursement Fees: (cont.) Registration of Securities 20.00 Safekeeping - Asset Maintenance — Monthly Fees: - Safekeeping of Assets /Per Receipts 0.60 - Par Based Fees: (fees per 1,000) - Charge for first 1,000,000 par 0.005 - Charge for next 4,000,000 par 0.003 - Charge for next 5,000,000 par 0.002 - Charge for subsequent amount > 10,000,000 par 0.001 Safekeeping - Clearing Services DTC (Book Entry) Eligible 50.00 FRB (Book Entry) Eligible MBS /ABS — Other Unique Securities Physical Securities Free Movements Services utilized but not listed on the above schedule of fees will be charged for and appear on the City's monthly analysis statements. It is the responsibility of the City to review their monthly analysis statements. Upon review of these statements, the City should contact Bank of America within 45 days from the day of receipt of the analysis statement so any additional charges can be reviewed and a mutually agreed upon price can be applied for these services. Additional information regarding pricing or fees may be obtained from your Bank of America representative. The quoted terms, conditions and pricing are firm for 90 days from the date of this proposal. Prices were established assuming compensating balances, volumes and services remain consistent with those provided by the City. Bank of America reserve the right to review this RFP response if it is not accepted within 90 days or if volumes and /or services vary significantly from those noted in our proposal. Prices in this proposal are guaranteed to stay fixed for three years. After three years, prices may be adjusted based on the change in the Consumer Price Index — Urban for the prior calendar year as published by the U.S. Department of Commerce, Division of Labor. The bank will require the City to sign the Bank's standard Terms & Conditions for the services we provide, subject to changes both parties agree upon. Please note the City of Boynton Beach has a signed Terms and Conditions on file with the Bank as a current client. RFP# 008 - 1410- 04 /CJD Page 63 to the City of Boyne Beach Bank of America PRICING SCHEDULE FOR STATE OF FLORIDA BANK OF AMERICA CONTRACT RFP 00 /01- 07,CREDIT CARDS, DEBIT CARDS, CHARGE CARDS, AND OTHER ELECTRONIC PAYMENTS BANK OF AMERICA CONTRACT EFFECTIVE: November 1, 2001 FEE BASIS Contractor's Fees Visa, Master Card, Debit Cards (POS, IVR, INTERNET) Percentage of Volume 0.07% Dollar Value Transaction Fee $0 15 Transaction Debit Cards Point of Sale $0 40 Transaction American Express/Discover Fees charged by American Transaction & Authonzation No Charge Express (2 15 %), and Discover (1 65 % for card swiped, and 1 85% Electronic Checks for Internet, are not Inc] of included) Per Transaction $0.25 Transaction Point of Sale Terminal With Printer $20.00 Monthly With Pin Pad (Extra) $5.00 Monthly Internet Gateway (CIP) Set- upCosts $550.00 Internet Location Monthly Fee $30.00 Internet Location Transaction Fees $0 21 Transaction Internet Gateway Verisign Plus fees assessed By VirtualNet $0.06 Transaction Vensign Internet Reporting Monthly Fee $40 00 Location Transaction Fee $0 03 Transaction Reports Rio Charge Chargebacks $10 00 Item FIXED PRICING Except for interchange, dues and assessments, the prices will be fixed for the duration of the contract and any renewals. Pricing and billing will calculated on actual volumes (dollar amount and transactions) for individual entities INTERCHANGE, DUES AND ASSESSMENTS The State expects to receive the best available rate, as most transactions will have the program rate category for emerging markets, I e CPS Retail 2 for Visa, and Merit 3 for MasterCard with card present(swiped), and Merit 1 for Internet Additional fees (sucharges) for nonqualified presentments are allowable All card Association and Interchange fees will be passed directly to the State of Flonda without mark -up, Because interchange Fees are passed directly to the State of Florida they will receive the benefit of reverse interchange on reversals and chargebacks (SEE INTERCHANGE SCHEDULES) PAYMENT OF FEES. Bank of Amenca will invoice each agency directly for all processing fees on a monthly basis. Fees for state agencies will not be debited directly from the State or agency account without the approval of the Treasurer RFP# 008 - 1410- 04 /CJD Page 64