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HomeMy WebLinkAbout14-City Treasurer ~'r'r-'~---"'-"''''~f ",'P"-, _~T"F_" "'~''N~Hh ,--~~,- " ''^=' ,~~"T' ,. ""'H__""""'"'''''''''''''''''''''~''' "_" n~ . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: DAVID C. KENNEDY CITY TREASURER Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an Agreement to Renew an 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, 2005 and ending June 30, ,- "".. , 2006 ORIGINAL Dept: CITY TREASURER Date: July 6,2005 Synopsis of Previous Council Action: Resolution #2000-228 adopted July 24, 2000 Recommended motion: ~ D~QC~ Signature Adopt Resolution Contact person: Phone: Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acet. Description) Finance: Council Notes: f#. ;;. ()O~- '), -3g No. I~ 1/If/DS' -~-^~'-"',"' ~,,,,,'n~__n ,__,~ -."'-,.- ~..._~""'--""":""~~~ ~..~'. ---p -',.."", - "-"~ -- v ,,-, ',,,e,.,,__,,,,,,,,",,,,, CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: 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, 2005 and ending June 30, 2006 BACKGROUND: On July 24, 2000, at a Joint Regular meeting of the Mayor and Common Council, a banking agreement was approved between Wells Fargo Bank, NA and the City of San Bernardino. The term of the Agreement was for 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. This agenda item is for the purpose of renewing the Agreement for one year, for the period 7/1/05-6/30/06, with the option of going out to bid for banking services in the fall of 2005, before renewing the Wells Fargo Banking Agreement for an additional year. Both the Finance Department and the Water Department have been consulted on this matter and wish to renew the Agreement for a minimum of one year. The City Treasurer's Department is very satisfied with the services provided to us by Wells Fargo Bank, to date, and would also like to extend the agreement for an additional one year. Because the Agreement was not renewed prior to July 1, 2005, the parties must execute an agreement to renew the Agreement for fiscal year 2005-2006 as set forth in Exhibit A, hereto. FISCAL IMPACT: Cost for services varies with usage, and is charged against interest earnings. Therefore, there is no net impact to the General Fund. RECOMMENDATION: Adopt Resolution. ~-v=P~'~'o<'< 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 o 28 o o 0""''''<<'" "F'" '''<. ",..," ~","". r"~-- - "1?"""'" c. .--.--< ",-<-,,~=-", ,. "--'-"',' "'--"'---n RESOLUTION NO. COfpV 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, 2005 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 1// III 1// 1// III 1// III 1// .::r TE~ tJ Cl.llt 7 /f~ /OS" -~-'''''''" o 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 o o "~,,""-"~'W"' ~" F ,- ~'" '''~,_~,~'"~''~ " "" ~""_="'_"""'''"_'' , """ "" "n,v" '.._~.T"..."~,~ n, RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORI~ING 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, 2005 AND ENDING JUNE 30, 2006. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing Resolution is hereby approved this day of 2005. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: tJ(/~..v? f // U /0'_, / i~ (....~/t~ IRli1il-CC'" i o o o ;W''-'r "_V~CCCC"""~'li1 r ' .' ~-,--"F"OC"""'''- ," ..v.u "'., -',' 'r--'P' """~:""-"."-.~""'0:'~"~ 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 tenn 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. CITY OF SAN BERNARDINO By: Judith Valles, Mayor ATTEST: By: Rachel Clark, City Clerk WEILS FARGO BANK By: Approved as to fonn and legal content: JAMES f. PENMAN City Attorney By: DHC~. (AgreemenrsIWcIIsFargo,AgreelJl:DI) Exhibit A l~.~!"I!>!~fit:'WV~' o o o ;C="'~" -:-".:'01';:<,'Y""""!''''-'!''0tmf:~~."_.o/'o''-'-o;>,.,,,,~,,..-- "._, """"~""'''''''~'~''~'''''-'''Y.-'-'"l-~-"'''''''-' .-~-'.,,-' '.'~-yq"""'''ir'''-'''' ,,",.' ~...---'t"~FJ<,"'JW!;.,~~ 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. CITY OF SAN BERNARDINO By: Judith Valles, Mayor ATTEST: By: Rachel Clark, City Clerk WELLS FARGO BANK By: Approved as to form and legal content: JAMES F. PENMAN ' City ttorney By: l / \.. ) l.I (''\,i. "",-<__ DHCljs [A.........UIW.IIsFIQIO,A.........t) _'__- " " ',C,', "" ."A~,'" ; , ", . o o o ~" p., ,'.,''' .C'''~~_' ' '~"".".. ....'. "".'~ .'",~. u" u .,.....~".,~'''' . . CITY OF SAN BERNARDINO AGREEMENT FOR BANKING SERVICES TInS AGREEMENT, made and entered into this~ 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". WITNESSETH WHEREAs, BANK is recogni7.ed 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 contained, the parties hereto agree as follows: I. TERM. Unless terminAted earlier or cancelled as provided for herein, the term of this A~ent sbaU be for the each of the five fiscal years ending June 30, 2001 through 200S 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 D18DIler satisfactory to the CITY as set forth in the follOwing: A. The BANK's proposal dated February Sib, 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 semces set forth in the above-designated portion of the BANK's ~roposal. 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. These documents are attached hereto and by reference incorporated herein and made a part hereof. , 3. COMPENSATIO}l(. Compensation to BANK for the services provided pursuant to this Agreement sbaU ~ as set forth in the pricing provisions in the BANK's attached proposal dated Fe~ 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 Regulatio11;'o including Fedeni1 Deposit Insurance Corporation charges. Revisions to the com~on hereunder shall ~ approyed by the Ci!y Council of the City of San Bernardino. BANK agrees to mamtain pnces referenced m BANK's proposal for a period of five (5) years for each of the five fiscal years ending June 30, 2001 through 200S. 1 ",. ~"""'^U""',r,""""'"'''' ."="-~"""""""~"""''''",'''H,_,. " '. ."ir""W'~""_F"--""_Fm~ "'Wi~'WF"''''''','lw""~",,,,,=,,,~:,,"":"__,,,_____ _ 'li1'inr~"""-F" """"'''''''''-'''1:'''''9''''''''''='' . _ .. . " ___ _.~,~~~...._ .a... . _. ___ .' o , 4. TERMINATION. Any other provision i in to the contrary notwithstanding, 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 t shall terminAte ninety (90) days after written notice of termination, which be given br either party to the other party to this Agleement 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 sball be entitled to compensation for all services renc:Iefcd prior to the termination for any services authorized by CITY thereafter in accordance with the aforementio section regarding compensation. I r 5. NOnC~. Any notice required to be given hereunder shall be in writing with coeies as directed herein and shall be personally serve4 or given by mail. All notices by mad shall be deemed to have been given when received by the party to be served. Mail notices are to be sent by United States mail, certified and Dostaie prepaid, addressed to the party to be served as follow: TO CITY: City of San Bernardino David C. Ktmrv04Y, City Trea+urcr 300 North D Street ! San Bemardino, CA 92418-0001 o TO BANK: Wells Fargo Bank , Mark C. Hewlett, Vice President Government and ~onal8anlcing 707 Wi1sbire Blvd. 16 Floorl Los Angeles, CA 90017 ! Either party may change its address by notifritg the other party of the change of address in writing. Notice shall be deemed communica~ when received by the party to be served if served as provided in this section. [ , 6. ~SURANCR The BANK shall procure and,maintain, at its cost, comprehensive ~eneral liability and property damage insurance, including automobile and excess liability insurance, against all claims tOr injuries agaqm persons or damages to property resulting from BANK's negligent acts or omissions ris.. out of or related to BANK's performance under this Agreement. BANK shall also c!anY Workers' Compensation Insurance in accordance with State Workers' Compe$ation laws. BANK. agrees to maintain pro~~onalliabi1ity iJ;1surance to protect CI!fY from BANK'S negligent acts, errors or om1SS1ons of a ~fesslOnal nature. If any cllUm ~1ated ~ the performance hereunder be ~ agatnst either party hereto, the party! claimed agamst shall receive all reasonable assiStan<:e from the other. The req,uirements :ijerein for subrogation may be waived by the CITY With respect to such professlonalliabi1i1Y insurance. o 2 ''''''""~:r"",,'''',,,,'''-';''F"-''' "_""1"'" "C "" "..cc,"c_~ " ".__""_.".. ,~'W' . ".~ ~""~"'T"."' -C"'-"r'--.~,*f'I-~ o The insurance required hereunder sba1l be kept in effect dwing the term of this Agreement and sba1l 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 sba1l waive the right of subrogation against CITY, its officers, employees and agents, and the coverage sbal1 be primarr for losses arising out of BANK's performance hereunder and neither the CITY nor Its insurers shall be required to contribute to anr such loss. A certificate evidencing the foregoing and naming the CITY as an additional insured sball be delivered to and approved by the CITY prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same sball 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: 1. Workers Compensation to statutory limits; 2. Commercial General Liability: Each occurrence $1,000,000 Personal iqjury $1,000,000 Aggregate limit $2,000,000 3. Hired Auto and Non-Owned Auto Liability: Each occurrence $1,000,000 0 Aggregate limit $1,000,000 4. Professional Liability: Each claim and in the aggregate $1,000,000 7. PREVAII.lNn PAR.T'[. If any court action occurs as a result of a dispute between the parties concerning any element of this agreement, the prevailin81arty shall be entitled to reasonable ~'s fees. The costs, salary and expenses 0 the City Attorney and members of his office in enforcing this agreement on behalf of the CITY shall be considered as "attorney's fees" for the purpose of this paragraph. 8. ASSIGNME.NT~ SUBCONTRAC.TS The experience, knowledge, ~ility and reputation of BANK, its principals and employees were a substantial inducement for CITY to enter into this Agreement Therefore, BANK shall not subcontract, assign or otherwise transfer its rights and obligations under this Agreement without prior written consent of CITY. Any such subContractor or assipl'!1ent without such consent shall be void and shall, at the option of CITY, terminAte this Agreement It is understood and agreed that for any such services provided to CITY, with the CITY's written consent the mIl cost of such services are not fixed for any period of time as are BANK. provided services, and will be passed along to the CITY. Such services include but are not limited to armored canier, deposit courier, and messenger service. o 9. 3 ""q."'""-"'nr-'''''~-'~-,-~_'''~-' - '-:.:::.::~.~. - "'~~',:,,:'~ ""~~""-"'~'="':"c:"~ '::~ : l1ti!"i"""""'~~"'" ._ .... _ ___R_. _ ."_ _ _ __. . .. o In WI1NESS WHEREoF, the parties have executed this Agreement as of the date stated above. CITY OF SAN BERNARDINO Judith Valles, Mayor AITEST: City Clerk of the City of San Bernardino APPROVED AS TO FORM AND LEGAL CONTENT: o ~ J-/L.--- C. rncy of the C f San Bernardino WELLS FARGO BANK Mark Hewlett, Vice President o 4 r~"'~""~'''u1''''-'"''irr--''~''~'~-''v--lFJi<lTi '['- . - o o IS~ ~~ :I .II: C !~ c . 011) -- c :::l o . u 'C . E... oCt; ... . o~ ~ c: . m o ~o$;..._~ ;ror~~-~.~",_ m -,- -,~-,--- "':"- --' _..,,- . ~, , .. s6! c-~ a';g OIl OIl II) II) . ! !Ia:i ~ ~ ~ ~ ~ ~'S'S 066 ~i II.; j I! . f ~ ~ Jl I of! i - ! ~ ! ~ !I j ll~ t~i i:l ! s'U>rl ~ . ~~ ~Ill ~ -- ~ j} 5 ~ : ~ t ~ ; ~t ~ ! as I ~~ ~ : t!'t:}' llll- GI!~ .Yet . 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C\. 2 J 8' '! lc\'-Q~J Lfl:'~ ! ~ ~ 0::1 ::; i II~ >-ii ~ t .-. . ** FOR OFFICE USE ONLY. NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM M_. Dote (Dote Mo't 1, IS, o<!':tem. l V -.!ution' ;){J tJ6 - :lJ 3 f( Vote: Ayes -/- Nays Abstain Absent Change to motion to amend original documents D Companion Resolutions . ../ NulINOId After: days / Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D RECORD W/COUNTY D By: POST D ~ ~ Date Sent to Mayor: ~ ..l~..o{ 1 Date of Mayor's Signature: l' )t,o~ Date ofClerk/CDC Signature: J ,,)It "OS ~~tt: Sent for Signature: 11 :1 ~ 1 O~ Date Returned: 151 Reminder Letter Sent: 2nd Reminder Letter Sent: I ~:~ ~ Reso. Log Updated: Seal Impressed: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): '\ Copies Distributed to: Animal Control ~ ~ v EDA D D Ii2l" D D City Administrator City Attorney Facilities Finance Fire Department Human Resources Code Compliance D Developmeil~rvic61 . '? .. ).0 h. Others:~ ---- J Notes: Ready to File: Revised 12/18/03 D Not Returned: D Yes Yes Yes Yes Yes ----. N~ No No/' No /l By_ By_ By_ By_ No~By_ Information Services Parks & Recreation Police Department Public Services Water Department D D D D D ~'T "~. '_",,,,,,,,,,,,,,,,,~,,T,,~~"'~ '",""T'. """",,, "~'-TlF~''''rT''.'"''i::v' '1 .... .. . OFFICE OF THE CITY CLERK RACHEL G. CURK, CM.C. - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan-bernardino.ca.us July 26, 2005 Wells Fargo Bank Mark C. Hewlett, Vice President Government and Educational Banking 707 Wilshire Blvd, 16th Floor Los Angeles, CA 90017 Dear Mr. Hewlett: At the Mayor and Common Council meeting of July 18, 2005, the City of San Bernardino adopted Resolution 2005-238 - Resolution 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, 2005 and ending June 30, 2006. Enclosed are one (1) original agreement and two (2) duplicate original agreements, executed by the Mayor, City Attorney and City Clerk. Please sign in the appropriate locations and return the original agreement and one (1) duplicate original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please keep one (1) duplicate original agreement for your records. Please be advised that the resolution and agreement will be null and void if not executed within sixty (60) days or by September 16,2005. -. If you have any questions, please do not hesitate to contact me at (909)384-5002. Enclosure CITY OF SAN BERNARDINO ~.~O...... ";!":'c~"""''''SF'='' ~--', .. . . ". ~.o., ..,",""~, ^'.' ,,_CC', ~."~T' ~H'o'~","",.."".,..~"m'H~"", ~"""?".><,,,~~... _ . '. ,..rkC.HewIett Vice President Relationship Manager ~Banldng MACE2818-114 707 Wilshire 81vd. 11 th Floor Los Angeles, CA 90017 213614-2234 213614-3555 Fax mark.c.hewlett@wellsfargo.com July 28, 2005 City of San Bernardino Eileen Gomez, Senior Secretary Office of the City Clerk P.O. Box 1318 San Bernardino, CA 92402 Dear Ms. Gomez: Enclosed p,lease find two (2) signed agreements extending the banking services contract until , July 1, 2006, as requested in your letter dated July 26, 2005. Please note that the address you have for me should reflect the "II th Floor" for future correspondence. Please do 80t hesitate to contact me if you have any questions at 213/614-2234. Thank you. Sincerely, /t{.42, Mark C. H,ewlett Enclosure .