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2002-24847 Reso RESOLUTION NO. 2002-24847 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO REQUEST FOR PROPOSALS (RFP) 8-01102 RECEIVED FOR PROVISIONS OF VARIOUS BANKING SERVICES TO THE CITY OF MIAMI BEACH; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS AND CONTRACT WITH THE TOP RANKED BANK OF SUNTRUST BANK, MIAMI; AND IF UNSUCCESSFUL IN NEGOTIATIONS WITH THE MOST QUALIFIED BANK, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SECOND MOST QUALIFIED BANK, FIRST UNION NATIONAL BANK; AND IF UNSUCCESSFUL IN NEGOTIATING A CONTRACT WITH THE SECOND MOST QUALIFIED BANK, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THIRD MOST QUALIFIED BANK, BANK OF AMERICA. WHEREAS, every three years the City issues an RFP seeking competitive pricing for various banking services involving the general operating and payroll accounts; and WHEREAS, the cost of these services is paid from the interest earned on the City's overnight investment balances held by the bank; and WHEREAS, a Request for Proposals (RFP) No. 08-01/02 was issued on December 17, 2001, with a deadline for the receipt of proposals of January 25, 2002, resulting in the receipt of three responsive proposals; and WHEREAS, Letter to Commission (LTC) No. 53-2002, appointed an evaluation committee to recommend to the City Manager; and WHEREAS, on the April 2, 2002, Committee deliberated and scored the firms as follows: (1) SunTrust Bank as the top-ranked respondent with 2275 points; (2) First Union National Bank with 1955 points; (3) Bank of America with 1330 points; and WHEREAS, the banking services are to be performed for the City on a contractual basis for three (3) years with two (2) one-year renewal options. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami Beach City Commission accept the recommendation of the City Manager pertaining to Request for Proposal (RFP) 8-00/01 received for provisions of various banking services to the City of Miami Beach; authorizing the Administration to enter into negotiations and contract with the top ranked bank of SunTrust Bank, Miami; and if unsuccessful in negotiations with the most qualified bank, authorizing the Administration to enter into negotiations with the second most qualified bank, First Union National Bank; and if unsuccessful in negotiating a contract with the second most qualified bank, authorizing the Administration to enter into negotiations with the third most qualified bank, Bank of America. PASSED and ADOPTED this May ,2002. 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Q ro en Q) ~ .cCll.s:::. >.~(.)(f) :2~o~ C :;: ~ 8- o _ E:g~e roroQ)~ co.EQ) oU)co~ ~E(f.)o (.)2Q;)~ ro .- J: :!::: Q)--:> ID$ID;: "E .s ~ ~ coE~- ~ e u.~ - 0 c o~-;8 >.2 c: :t: (0-- Q;) ()ro~:: ~ ar~~ :: (f.) Q.(6 SCCI)U) Q).- 0 :2 E en c.. ro>.:Je c..ro....c.. (f.) c..tc: E"O:J:J 2.S2(J)o .- (5 "15 col:01:= 1--05IDO u E '" :;:--.~ ~o _ > c..t;.q. CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m ~ Condensed Title: The award of contract to top ranked bank, Suntrust Bank, Miami for various banking services involving the general operating and payroll accounts pursuant to RFP 8-01102 Issue: Whether to authorize negotiation and contract with most qualified bank of Suntrust. Item Summary/Recommendation: Services consist of a General Depository Account for funds collected daily; a General Disbursing Account which is strictly a checking account; a Payroll Disbursing Account to cover bi-weekly payroll; computerized services, including direct deposits, control pay, web pay, debit/credit memos, ACH deposits, daily and monthly statements and stop payments; lockbox processing; wire transfers; zero balance and sweep services and automatic redeposit of items returned. Recommendation: Authorization to contract. Advisory Board Recommendation: I N/A Financial Information: Amount to be expended: The cost of these services is paid from the interest earned on the City's overnight investment balances held by the bank. Source of Amount Account Approved Fund., [2] 1 N/A -{.; 2 ( Total Assistant City Manager PDW City Manager AGENDA ITEM C 7 5 DATE S"-8"-Od-.. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.ll.us To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: May 8, 2002 Members of the City Commission Jorge M. Gonzalez \ /' City Manager , J vvJ{) C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO REQUEST FOR PROPOSALS (RFP) 8-01/02, FOR PROVISIONS OF VARIOUS BANKING SERVICES TO THE CITY OF MIAMI BEACH; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS AND CONTRACT WITH THE TOP RANKED BANK OF SUNTRUST BANK, MIAMI; AND IF UNSUCCESSFUL IN NEGOTIATIONS WITH THE MOST QUALIFIED BANK, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SECOND MOST QUALIFIED BANK, FIRST UNION NATIONAL BANK; AND IF UNSUCCESSFUL IN NEGOTIATING A CONTRACT WITH THE SECOND MOST QUALIFIED BANK, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THIRD MOST QUALIFIED BANK, BANK OF AMERICA. ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. ANALYSIS Every three years the City issues an RFP seeking competitive pricing for various banking services involving the general operating and payroll accounts. These services consist of a General Depository Account for funds collected daily; a General Disbursing Account which is strictly a checking account; a Payroll Disbursing Account to cover bi-weekly payroll; computerized services, including direct deposits, control pay, web pay, debit/credit memos, Automated Clearing House (ACH) deposits, daily and monthly statements and stop payments; lockbox processing; wire transfers; zero balance and sweep services and automatic redeposit of items returned. The banking services are to be performed for the City on a contractual basis for three (3) years with two (2) one-year renewal options. The cost of these services is paid from the interest earned on the City's overnight investment balances held by the bank. Request for Proposals (RFP) No. 08-01/02 was issued on December 17, 2001, with a deadline for the receipt of proposals of January 25,2002. One-hundred-eighty-three (183) Commission Memorandum Banking Services May 8, 2002 Page 2 of 3 notices were issued by DemandStar by Onvia with eight (8) vendors downloading the RFP. This resulted in the receipt of the following three responsive proposals: 1. Bank of America 2. First Union National Bank 3. Suntrust Bank, Miami EVALUATION COMMITTEE: Letter to Commission (LTC) No. 53-2002 dated March 5, 2002, established an Evaluation Committee ("the Committee") of the following individuals: Larry Herrup, Chair, Budget Advisory Committee, Independent CPA Jeryl (Deede) Weithorn, Budget Advisory Committee, Independent CPA Tony Rodriguez, Budget Advisory Committee, Investment Banker Georgina P. Echert, Assistant Finance Director, City of Miami Beach Saul Frances, Parking Director, City of Miami Beach James Sutter, Internal Auditor City of Miami Beach COMMITTEE MEETING: The Evaluation Committee held its initial meeting on April 2, 2002 and was briefed on several aspects of the RFP requirements and the City's policies and procedures relative to the Cone of Silence Ordinance and the Government in the Sunshine Law. James Sutter recused himself because of a conflict of interest. Larry Herrup was selected as the Chair of the Committee. The Committee discussed and evaluated each award criteria set forth in the RFP as approved by the Mayor and City Commission on November 28, 2001, and scored each proposal based on the following: 1) State of the Art Technology - On-line Services 2) Charges for Services 3) Personal Contact Points - Customer Service 4) Overnight Repurchase Agreement Rate 20% 25% 25% 30% The committee unanimously recommended SunTrust Bank as the top-ranked respondent because of its competitive pricing as illustrated on the attached pricing worksheet. The Committee also indicated that SunTrust offered the availability of local management and responsive customer oriented services, All decision making representatives, Treasury Management services and back-up representatives for Suntrust are local, including a CEO and President. In comparison, the other respondents have key personnel outside of Miami-Dade County. Commission Memorandum Banking Services May 8, 2002 Page 3 of 3 Each member's score is reflected in the following tabulation: Tabulation COMMITTEE FIRM FIRM FIRM MEMBER BANK OF AMERICA FIRST UNION SUNTRUST LARRY HERRUP 290 400 470 DEEDE WEITHORN 235 405 420 TONY RODRIGUEZ 180 325 470 GEORGINA ECHERT 335 425 470 SAUL FRANCIS 290 400 445 TOTALS 1330 1955 2275 The Committee ranked results were as follows: Top ranked bank: Second ranked bank: Third ranked bank: Suntrust Bank First Union Bank of America On April 16, 2002 all firms that submitted their proposals were advised of the aforementioned results. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution authorizing the Administration to negotiate and contract with the most qualified bank, Suntrust. JMG:PDW:GL:mc T:\AGENDA\2002\MAYOB02\CONSENT\BANKING SERV,C MEMO..doc J.OO;<~lC(t V7 MASTER BANKING SERVICES AGREEMENT THIS MASTER BANKING SERVICES AGREEMENT (the "Agreement") is made and entered into on the _ day of , 2002 by and between the CITY OF MIAMI BEACH, FLORIDA, a municipality of the State of Florida (the "City"), and SUNTRUST BANK, a state member bank of the Federal Reserve System (the "Bank"). WITNESSETH WHEREAS, the City issued Request for Proposals No. 08-0ll02 for a Banking Services on December 17,2001 ("RFP"); and WHEREAS, the Bank responded to the RFP by submitting its proposal for banking services on ~ (the "Proposal"); and WHEREAS, the Bank shall be providing banking services to the City set forth and delineated in the RFP and the Proposal, and NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Bank hereby covenant and agree as follows: Section 1. Purpose and Effect of this Agreement: Delineation of Banking Services The Banking Services to be Provided to the City by the Bank shall be consist of: (a) Each ofthe specific requirements, terms and conditions set forth in the RFP, which is incorporated herein by reference in its entirety; and (b) Each of the services, terms and conditions set forth in the Proposal, which is incorporated hereby by reference in its entirety. Section 2. Controlling Provisions In the event of any conflict between the specific provisions of this Agreement and the terms and conditions of the RFP and/or the Proposal, the requirements and/or provisions ofthe RFP and Proposal shall control, except as provided in Section 4 herein, where this Agreement shall control. Section 3. Representations. Warranties. and Covenants (a) The Bank has not employed or retained any person employed by the City to solicit or secure this Agreement and it has not offered to pay, paid, or agreed to pay any person employed by the City and fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award ofthis Agreement. (b) The Bank is aware of the conflict of interest laws ofthe ordinances and regulations ofthe City of Miami Beach, Miami-Dade County, and the State of Florida, and covenants that the Bank will fully comply in all material respects with the terms of said laws. (c) At the request of the Bank, the City agrees to cause its designated officials or their designees to execute such signature cards and other signature and identification verification documents as the Bank deems reasonably necessary for purposes of establishing appropriate security measures in connection with the banking services to be provided hereunder. Section 4. Indemnification The Bank shall indemnify and hold harmless the City, its agents and employees from or on account of any losses, costs and damages, including attorneys' fees and the costs of defense resulting from any breach committed during or on account of any operations connected with this Agreement, or by any act of negligence in connection with the same, or by or on account of any negligent act or omission of the Bank or its subcontractors, agents, servants or employees. The Bank further agrees to indemnify and hold harmless the City, its agents and employees against any claims or liability arising from or based upon the violation of any federal, state, county or city laws, bylaws, ordinances or regulations by the Bank, its agent, servant, or employees. To the extent possible under Florida law, the City shall indemnify and hold harmless the Bank, its directors, officers, employees and agents from or on account of any losses, costs and damages, including reasonable attorneys' fees and the costs of defense, resulting from any actions or omissions of the Bank taken or omitted to be taken at the request of the City, its employees or agents, or otherwise arising out of any negligent act or omission or failure to exercise reasonable care by the City, its employees or agents. Subject to the aforesaid limitation, the City further agrees to indemnify and hold harmless the Bank, its agents or employees against any claims or liability arising from or based upon the violation of any federal, state, county, or city laws, by-laws, ordinances, or regulations by the City, it agents, servants or employees. Section 5. Limitation of Liability Notwithstanding any other terms or provision of this Agreement, including the preceding Section 4, neither the City nor the Bank shall in any event be liable to the other for any amount in excess of actual losses plus costs and attorneys' fees sustained by the injured party, and in no event shall either the City or the Bank ever be liable hereunder or in any action in tort arising out of the services or relationship to be provided or established hereunder for any indirect, special incidental, punitive or consequential loss or damage of any kind, including lost profits or opportunities or damage to reputation, arising therefrom whether or not advised of the possibility hereof. Section 6. Term and Termination (a) This Agreement shall have a term of three (3) years, with an option to renew at the City's sole discretion, for an additional one (1) year thereafter. The term shall begin to run from-the .-J?~ c.~ r-"\ (\ "I '\ 2. c (> ::t. first aMtJ R1Hlf3 !tl(, d"'posited ill th" subject aeeeilllt ("Initiation Date"). In the event the City desires to renew this Agreement, as provided in the preceding sentence, it shall notify Bank in writing of its intent to do so. (b) Absent a significant default or material change in circumstances that impairs the parties' ability to perform hereunder, this Agreement cannot be canceled by either party for one (1) year from the Initiation Date. Thereafter, either party may cancel this Agreement for any reason upon ninety (90) days advance written notice to the non-canceling party. (c) Bank shall have the right to terminate specific services covered by the exhibits or riders hereto, as stated in each such exhibit or rider. (d) If either party does not comply with the terms of this Agreement, the non-defaulting party must give a written Notice of Default to the defaulting party setting forth the specific event(s) of default and, furthermore, the action necessary to cure such default(s). If the default)s) is/are not cured or corrected within thirty (30) days of the Notice of Default, this Agreement may be terminated by the non-defaulting party. (e) The City, from time to time, during normal Bank business hours and with at least two (2) business days prior notice to Bank, shall have the right to request from Bank copies of books and records, at the City's expense, relating solely to City's accounts or services provided to City hereunder to ensure that all aspects of this Agreement are being met. Bank reserves the right to reasonably restrict access to those books and records disclosure of which will violate banking law or regulations or invade the privacy of any bank customer or account. Section 7. Chanl:es (a) The City may, from time to time, request reasonable changes in the Services to be performed by Bank hereunder. Such changes, as mutually agreed upon between City and Bank, shall be incorporated in written amendment to this Agreement and signed by both parties prior to their effectiveness. (b) The parties reserve the right to change, alter, amend, delete or otherwise modify the terms of this Agreement or the Services provided hereunder in the event of a change in applicable laws, regulations, as a result of any court or regulatory agency order or as otherwise may reasonably be required to ensure continued compliance with all applicable banking laws and regulations. (c) The fees and charges set forth herein for the Services to be provided to City will begin on the Initiation Date and shall not be increased for a period of _ years thereafter. Should this Agreement extend beyond the _ year period, prices for said Services shall be renegotiated at that time and shall require the consent of both parties hereto. Such consent shall not be unreasonably withheld. Section 8. Equal Employment Opportunity: Non-discrimination The Bank will not discriminate against any employee or an applicant for employment because of race, color, religion, sex, national origin, sexual orientation, or disability. The Bank shall take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to race, color, religion, sex, national origin, sexual orientation, or disability, in accordance with federal, state, and City law. Section 9. Waiver No waiver of a breach of any provisions of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. Section 10. Severability Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under laws of the State of Florida or the City, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent they cannot be so modified, then same shall be deemed severable, and in either event, the remaining terms and provisions in this Agreement shall remain unmodified and in full force and effect. Section 11. Governinl: Law This Agreement shall be construed and enforced according to the Laws of the State of Florida. Section 12. Exhibits The following documents are attached hereto and incorporated by reference herein: A. RFP B. Proposal Additional exhibits, including service agreements, may be added from time to time as mutually agreed upon in writing by the parties, and any service agreement may be terminated separately and severally without affecting the continued enforceability of all other provisions of this Agreement as to non-terminated Services. Section 13. Notices All written notices, demands and other communications required or provided for hereunder or under any of the Exhibits hereto shall be sent by certified mail, return receipt required, postage ., prepaid, in the case of mailing, or by overnight or same day courier, or by electronic transmission producing a written record, or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the matter required hereby: City: City of Miami Beach Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Director of Finance Banle SunTrust Bank Institutional Banking 777 Brickell Avenue, 4th Floor Miami, Florida 33131 Attn: Senior Vice President All notices sent pursuant hereto shall be deemed received by the applicable party within the time sent including, but limited to, the following: (a) Facsimile transmission are deemed received as of the acknowledgment date on the printed confirmation or within one business day; (b) Notices sent by courier shall be deemed received when delivered by said courier to the indicated address; (c) Overnight delivery is deemed received on the next business day; (d) Certified U.S. mail shall be controlled by the signature upon the receipt therefor, Section 14. Federal Reserve In recognition of the fact that some of the services to be provided by the Bank hereunder require the related performance of services by the Federal Reserve System, the City agrees that the Bank shall not be liable for loss or damage of any kind resulting from any delay in the performance of or failure to perform the Bank's responsibilities hereunder due to delays or failures by the Federal Reserve System so long as the Bank exercises its best efforts to correct the problem. .' , Section 15. Assignment Neither party shall assign this Agreement or any interest herein, or delegate any of its duties hereunder, without the other party's prior written consent, except that it is agreed by the City that the Bank may delegate certain services to be provided through independent contractors, as described in any subsequent Exhibits hereto. Section 16. Miscellaneous It is understood that charges by the Bank will be incurred only when applicable Services commence. Should SunTrust Bank be acquired by another financial institution, the City reserves the right to cancel the existing Agreement upon thirty (30) days advance written notice to Bank. IN WITNESS WHEREOF, the parties have executed this Agreement and initialed each of the Exhibits thereto as of the day and year as cited below. CITY OF MIAMI BEACH, FLORIDA (Name) Date Authorized signature on behalf of the City of Miami Beach, Florida J;~ ;.;?J l5nat, Attest: SUNTRUST BANK '/~V~~~ Witness By: &J_ ~~" I!..i ~~_/':J~\' r-. F, ( 50-\- V ICe.. p{ e ~ ;d Q.t'\t Its: ,,~v~ Witness l<j 107/ FIA l'TOIAOUR'.AGRF.F.Ml"l\MSl'llANKG. WPD APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~.J}-6- 02/ Cily~ c..