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HomeMy WebLinkAbout2005-238 ..~'''._'='''c ,~.,,,~c-~ "1iIrm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -_.~~.-~--~, __U~_~'_"__"__ -' "- F---,--_=Try'=.'',__,- ~,___'_., _ , > u RESOLUTION NO. 2005-238 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT TO RENEW THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WELLS FARGO BANK, N.A. FOR THE PROVISION OF BANKING SERVICES AND THE DEPOSIT OF MONIES FOR ONE YEAR BEGINNING JULY 1, 20M AND ENDING JUNE 30, 2006. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City the Agreement to Renew the Agreement, dated July 26,2000, with Wells Fargo Bank, N.A. for the provision of banking services to the City of San Bernardino, and the deposit of monies, for one year beginning July 1, 2005 and ending June 30, 2006, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. III III III III III 11/ 11/ 11/ 11/ ~"".n."","",S"?""?"",,,co~"~,"?~~'''=''''''ii><T'''''''-'- "~''',,'''. '0' ""." "",\~H'~H .". ..~,~__,"~. """ ,." .." ',' '''''''<C',C.,~""""",,, "'''''W'''''~''_ , . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT TO RENEW THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WELLS FARGO BANK, N.A. FOR THE PROVISION OF BANKING SERVICES AND mE DEPOSIT OF MONIES FOR ONE YEAR BEGINNING JULY 1, 2005 AND ENDING JUNE 30, 2006. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 18tltlayof July , 2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x 2005. ()__L.A h.~ ~ The foregoing Resolution is hereby approved this /Iii day of July Approved as to Form and legal content: . Valles, Mayor Ci of San Bernardino JAMES F. PENMAN, City Attorney Dr t, f~ _",,,,_?,,"CC'C,CC ~-'77 ",C-' , '1 j' c'""",-r-- ,", ""C", '-."'~'~' - "") ", '~"" "C~H"'" 2005-238 .-L AGREEMENT TO RENEW THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE WELLS FARGO BANK FOR BANKING SERVICES FOR FISCAL YEAR 2005-2006. WHEREAS, on July 26, 2000, the City of San Bernardino ("City") entered into an Agreement with Wells Fargo Bank ("Bank"), wherein, Bank agreed to provide specified banking services to City; and WHEREAS, the term of the Agreement was for each of five fiscal years ending on June 30, 2005, with two options to renew for fiscal years 2005-2006 and 2006-2007; and WHEREAS, the City desires to execute the option to renew for fiscal year 2005-2006 and the Bank desires to accept such option. NOW THEREFORE, the parties agree as follows; 1. That the option to renew for fiscal year 2005-2006 as set forth in Paragraph 1 of the Agreement is hereby acknowledged and agreed to by the City and the"Bank. A TTESl: BY.~h.~ ache} Clark, City Clerk :=4~~ / Approved as to form and legal content: JAMES F. PENMAN City ttomey f~ DHClj, [Agreemenls\We1lsFargo.Agreement] -"T'-T' 0',' 2005-238 , ~ , "'"~,''''',,,^,.,,, CITY OF SAN BERNARDINO AGREEMENT FOR BANKING SERVICES TInS AGREEMENT, made and entered into this ~ln 4-h day of July . 2000, by and between the CITY of San Bernardino, a municipal corporation, hereinafter referred to as "CITY" and WELLS FARGO BANK, hereinafter referred to as "BANK". WITNESSEm WHEREAS, BANK is recogni~ as a qualified banking institution which was selected by the CITY through competitive procedures; NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter conbJined. the parties hereto agree as follows: I. TERM. Unless terminJlfed earlier or cancelled as provided for herein, the term of this Agreement shall be for the each of the five fiscal years ending June 30, 2001 through 2005 with the option to renew upon approval of the Mayor and City Council for the fiscal years ended June 30, 2006, and 2007. 2. SCOPE OF SERVICES. The BANK agrees to provide services and perform all work necessary in a manner satisfactory to the CITY as set forth in the following: A. The BANK's proposal dated February Sth, 2000 and said pages of which are for an election to be made by the Citr Treasurer of CITY. The City Treasurer may also elect to delete any of the servtces set forth in the above-desigJ'Ated portion of the BANK's proposal. Appendix "A" the "Application and Agreement for Cash Management Services" fulfy executed by BANK and ,CITY; The Request for Proposal (RFP) for banking services dated January 5, 2000. B. C. 3. These'documents are attached hereto and by reference incorporated herein and made a part hereof. COMPENSATION. Compensation to BANK for the services provided pursuant to this Agreement shall ~ as set forth in the pricing provisions in the BANK's attached proposal dated February 8 , 2000, said provisions of which are incorporated herein by this reference. In the event that services not specified in the BANK's proposal are requested by CITY the fees for such services shall be negotiated at the time they are added. BANK shall reserve the right to Pass on direct costs associated with Federal and State Regulations, including Fedcri1 Deposit Insurance Corporation charges. Revisions to the com~on hereunOer shall ~ approyed by the Ci~ Council of the City of ~an Beniardino. BANK agrees to lTI"mtalnpnces referenced m BANK's proposal for a penod offive (5) years for each of the five:fisc8l years ending June 30, 2001 through 2005. 1 -. .rr'-r~'"'' ,-- -,.. -~,~,~-- - - ~ . 2005-238 - -, ,,- 4. TERMINATION. Any other provision h in to the contrary notwitbstllndil1g, and in addition to other methods of termination pro ded for herein or available under the laws of the State of California, it is agreed that this ent shall terminAte ninety (90) days after written notice of termination, which ma: be given by either party to the other party to this Agreement with or without cause. the expiration of such ninety- (90) day period, BANK shall immediately cease services hereunder except as may be specifically approved by the CITY. B shall be entitled to compensation for all services rendered prior to the termination for any services authorized by CITY thereafter in accordance with the aforementio section regarding compensation. 5. NOTICijS. Any notice required to be given ereunder shall be in writing with coeies as directed herein and shall be persoD8lly serv or given by mail. All notices by mall shall be deemed to have been given when received y the party to be served. Mail notices are to be sent by United States mail, certified and stage prepaid, addressed to the party to be served as follow: I ! City of San Bernardino I David C. Kennedy, City Trea$urer 300 North D Street I San Bernardino, CA 92418-0001 i I TO CITY: TO BANK: Wells Fargo Bank I Mark C. Hewlett, Vice Presi I t Government and Ec:lucational an1cing 707 W1lsbire Blvd. 1 (f1 Floor Los Angeles, CA 90017 Either party may change its address by no . writing. Notice shall be deemed communi served as provided in this section. the other party of the change of address in when received by the party to be served if 6. INSURANCE. The BANK shall procure and maintain, at its cost, comprehensive $eneral liability and property dam"ie insurance, eluding automobile and excess liability insurance, ~ all claims for injuries ag' persons or dafl')Slges to property resulting from BANK s negligent acts or omissions. out of or related to BANK's performance under this Agreement BANK shall also , Workers' Compensation Insurance in accordance with State Workers' Com on laws. BANK. agrees to maintain professional liability insurance to protect C from BANK'S negligent acts, errors or omissions of a professiOnal nature. If any c . related to the performance hereunder be ~ against either party hereto, the party claimed against shall receive all reasonable ass~ from the other. The ~uirements . for subrogation may be waived by the CITY Wlth respect to such professlonalliabili insurance. I i I 2 _"~"'W 7' '~'fr'~- ~""~ -." 2005-238 . ~ ' '. The insurance required hereunder shall be kept in effect d~ the term of this Agreement and shall not be subject to reduction in coverage below the limits established herein, nor cancellation or termination without thirty (30) days prior written notice by registered letter to the CITY. The insurer shall waive ~~I~t of subrogation against CITY, its officers, employees and agents. and the coverage. L be primary for losses arising out ofB~'s performance hereunder and neither the CITY nor its msurers shall be required to contribute to anr such loss. A certificate evidencing the foregoing and naming the CITY as an additional insured shall be delivered to and approved by the CITY prior to commencement of the services hereundcr~ The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of BANK'S obligation to indemnify the CITY, its officials and employees. The amount of insurance required hereunder shall be as follows: I. Workers Compensation to statutory limits; 2. Commercial General Liability: Each occurrence Personal il\jury Aggregate limit 3. Hired Auto and Non-Owned Auto Liability: Each occmrence Aggregate limit 4. Professional Liability: Each claim and in the aggregate $1,000,000 $1,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 7. PREV An .INn P MIX. If any court action occurs as a result of a dispute between the parties concerning any element of this agreement, the prevailing party shall be entitled to reasonable ~'s fees. The costs, salary and expenses o( the City Attorney and members of his office in enforcing this agreement on behalf of the CITY shall be considered as "attorney's fees" for the purpose of this paragraph. 8. ASSIGNMENT: S~CONTRACTIl The experience, knowledge, capability and reputation of BANK, its principals and ~ployees were a subst8DtiaI ind1JCP.DleD.t for CITY to enter into this Agreement Therefore, BANK shall not subcontract, assign or otherwise transfer its rights and obligations under this Agreement without prior written consent of CITY. Any such subcontractor or assignment without such consent shall be void and shall, at the option of CITY, terminAte this Agreement It is understood and agreed that for any such services tn'Ovided to CIloy, with ~ CITY's written con,sent the ~ cost of such services are not fixed for any penod of time as are BANK proVIded semces, and will be passed along to the CITY. Such services include but are . not limited to armored carrier deposit courier and messenger service. " 9. AuqJQRfTY TO ~In;F AGREEMl~~rr Both CITY and BANK do covenant that eaeh ~diVldua1 executing this Agreeiiient on behalf of each party is a person duly authorized and empowered to execute agreements for such party. 3 """'.fl".'.'"," "f)""",",,!-- 'tliT . , 2005-238 , . ~_. ", '0 ,_ In WI1NESS WHEREOF, the parties have executed this Agreement as of the date stated ~ve. . AITEST: ~.w h.~ Ci lerk of the City of San Bernardino APPROVED AS TO FORM AND LEGAL CONTENT: WELLS FARGO BANK. ~~ 4 11 ~-~ --<" ~ 2005-238 f... ... ~ . , I .. C.!lll) I!l.N ... . r-- "CI 0 ii ... Ao e e.E-e &11:5. =.SIt I =t.tS ~rZ~ cf .e- = .. 'C U=. t ~ .. o ;~ IL! :Ii I ~ "":' Ii I ~~ s ! f ~ ! U i i!! jll~ ~:I ! ! q) ii - file ! ~ ~ t ~ ~ Ji d ~ ! · i >1 ! I ~ ; j~ ~ ~ ~ ~ ~ .t ;; E il ~~ ~ .: .a: c .lie gilt -~ c ;:) .. ~ lD! J~ u 1 ~ i !f!Sdii !< i ! ... l JI I ~ j i .~ [u 1 i i ! i ~ I! I i ~ ; CIJ J It) "" I. C .2 ! i i i C') ... ~ ~! I!! ~ ~ ;i:t ! 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