HomeMy WebLinkAbout2006-234
.
.'
'I
.
. '.
.
1 RESOLUTION NO. 2006-234
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT TO RENEW THE AGREEMENT
3 BETWEEN THE CITY OF SAN BERNARDINO AND WELLS FARGO BANK, N.A. FOR
THE PROVISION OF BANKING SERVICES AND THE DEPOSIT OF MONIES FOR THE
4 SIX MONTHS BEGINNING JULY 1,2006 AND ENDING DECEMBER 31, 2006
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
7
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
8
Wells Fargo Bank, N .A. for the provision of banking services to the City of San Bernardino, and the
9
10
deposit of monies, for six months beginning July 1.2006 and ending December 31,2006, a copy of
which is attached hereto as Exhibit "An and incorporated herein by reference.
11
/II
12
/II
13
1/1
14
1/1
15
1/1
16
/II
17
/II
18
/II
19
/II
20
/II
21
/II
22
/II
23
/II
24
/II
25
/II
26
/II
27
/II
28
DHClar[Resolutions\Resolutions.Wells Fargo.Res] 1
"
't
20
21
22
23
,
, '.
1 RESOLUTION OF THEMA YORAND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN AGREEMENT TO RENEW THE AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND WELLS FARGO BANK, N.A. FOR
THE PROVISION OF BANKING SERVICES AND THE DEPOSIT OF MONIES FOR THE
3 SIX MONTHS BEGINNING JULY 1, 2006 AND ENDING DECEMBER 31, 2006
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a it. regulall11eeting thereof, held on the1g tlday
6 of June , 2006, by the following vote, to wit:
7
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8
ESTRADA ---X-
9
BAXTER ---X-
10
MCGINNIS ----X-
11
DERRY ----X-
12
KELLEY ---X-
13
JOHNSON X
14
MC CAMMACK X
15
16
~Ci~
b Rachel Clark, City Clerk
~ J!JfJ/()~rhYJWI {JWu.frJ
The foregoing Resolution is hereby aMoved thi.Q?L~ay of June ~lo6.'o
17
18
19
ayor
Approved as to form:
24 JAMES F. PENMAN
:: c;ry~;I~
27
28
DHClar[Resolutions\Resolutions.Wells Fargo.Res]
2
.
2006-234
AGREEMENT TO RENEW THE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WELLS FARGO BANK
FOR BANKING SERVICES FOR SIX MONTHS BEGINNING
ON JULY 1,2006 AND ENDING ON DECEMBER 31, 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 six months beginning on
July 1, 2006 and ending on December 31,2006.
NOW THEREFORE, the parties agree as follows;
1. That the option to renew for six months beginning on July 1, 2006 and ending on
December 31, 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~~
ATTEST:
By:
Rachel Clark, City Clerk
b(r 0CVy\~,y)CtJI iOep~LLS FARGO BANK
BY~
Approved as to form:
James F. Penman,
0', A__~ lie
By: /to ~
DHC\ar[Resolutions\Wells Fargo Agreement]
CITY OF SAN BERNARDINO
AGREEMENT FOR BANKING SERVICES
THIS AGREEMENT, made and entered into this dln+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".
WITNESSETH
WHEREAS, BANK is recognized 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:
1. TERM. Unless terminated 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, 200 I 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 8th, 2000 and said pages of which are for
an election to be made by the City Treasurer of CITY. The City Treasurer may
also elect to delete any of the ServIces set forth in the above-designated portion of
the BANK's proposal.
B. Appendix "A" the "Application and Agreement for Cash Management Services"
fully executed by BANK and CITY;
C. The Request for Proposal (RFP) for banking services dated January 5, 2000.
These documents are attached hereto and by reference incorporated herein and made a
part hereof.
3. 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 Federal Deposit Insurance Corporation charges. Revisions to the
compensation hereunder shall be approved by the City Council of the City of San
Bernardino. BANK agrees to maintain prices referenced in BANK's proposal for a period
of five (5) years for each of the five fiscal years ending June 30, 2001 through 2005.
I
I
4. TERMINATION. Any other provision he 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 Agreement sball 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. A r the expiration of such ninety- (90) day
period, BANK shall immediately cease 1 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 d for any services authorized by CITY
thereafter in accordance with the aforementio ed section regarding compensation.
I
I
1
i
5. NOTICES. Any notice required to be given jlereunder sball be in writing with copies as
directed herein and shall be personally servecl or given by mail. All notices by mail 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 postage prepaid, addressed to the party to be
served as follow:
TO CITY:
City of San Bernardino
David C. Kennedy, City Tre~urer
300 North D Street
San Bernardino, CA 92418-0001
TO BANK:
Wells Fargo Bank
Mark C. Hewlett, Vice President
Government and Educational ~anking
707 Wilshire Blvd. 16th Floor!
,
Los Angeles, CA 90017 !
Either party may change its address by notifyi)J.g 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. I
6. INSURANCE. The BANK shall procure and!maintain, at its cost, comprehensive general
liability and property damage insurance, including automobile and excess liability
insurance, against all claims for injuries aga4Jst persons or damages to property resulting
from BANK's negligent acts or omissions ris1ng out of or related to BANK's performance
under this Agreement. BANK shall also darry Workers' Compensation Insurance in
accordance with State Workers' Compe$lition laws. BANK agrees to maintain
professional liability insurance to protect CIITY from BANK'S negligent acts, errors or
omissions of a professional nature. If any cltlim related to the performance hereunder be
asserted against either party hereto, the party! claimed against shall receive all reasonable
assistance from the other. The requirements lj.erein for subrogation may be waived by the
CITY with respect to such professionalliabilitr insurance.
2
"
.,
The insurance required hereunder shall be kept in effect during the tenn 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 the right of subrogation against CITY, its officers,
employees and agents, and the coverage shall be primary for losses arising out of BANK's
perfonnance hereunder and neither the CITY nor its insurers shall be required to
contribute to any 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 hereunder. 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 injury
Aggregate limit
Hired Auto and Non-Owned Auto Liability:
Each occurrence
Aggregate limit
Professional Liability:
Each claim and in the aggregate
$1,000,000
$1,000,000
$1,000,000
$2,000,000
3.
$1,000,000
$1,000,000
4.
7. PREVAILING PARTY. 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 attorney's fees. The costs, salary and expenses of 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: SUBCONTRACTS
The experience, knowledge, capability 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 assignment without such consent shall be void and shall, at the option of
CITY, tenninate this Agreement. It is understood and agreed that for any such services
provided to CITY, with the CITY's written consent the full 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 carrier, deposit courier,
and messenger service.
9. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and BANK do covenant that
each ~dividual executing this Agreement on behalf of each party is a person duly
authonzed and empowered to execute agreements for such party.
3
In WIlNESS WHEREOF, the parties have executed this Agreement as of the date stated
above.
AITEST:
SAN BERNARDINO
/
tu-/
~h.~
City lerk of the
City of San Bernardino
APPROVED AS TO FORM
AND LEGAL CONTENT:
C" mey of the
C f San Bernardino
WELLS FARGO BANK
4b#4
.." Mark Hewlett, Vice President
4
':
.'
.
. .
o
E!I
.f~
Ill";
=...
~
.ll:
C
IIICI)
10....
C"l.
O:g
'c
:;:)
III
:s
10",
= f:!~
g !!Ii
N;;
. .-
Q.!I"'u
c os M
.- .. to
"E 8. I:
,. C> "
C .. oCl
..ll...
Ql ;'jlioo 11 CI)
=.!:! I IL.~
=tHii:t
,. ..:s U
C/.ll:f.los
... llII::;::
Q j 1:1
B~.~
U=;~
""III
e 10_
C> 111_
U I"l.
ci
Ii
:s
lD
III
U
'1:
.
E-
<I;;
- .
o:g
~
C
III
10
~
./.>]
~u
>. i "
s~ J
cl:il:
oO..c I!!
~:&l:!l!:
",,"OCt
.- II e
U"I_lIl
::I I:
II-S!ti
Olli,!,;f:
l'!
~
on
l'!
~
'"
l'!
..
CD
,..
'"
l'!
!
'"
~
31
,..
l'!
~
'"
,..
"t:
~
..
"
o
,..
~
o
~
2:-
.t:
'C!
o
~
,..
~
e:
o
~
,..
~
e:
o
~
~
o
"t:
..
"
o
-
Ii
j
:
.!!!
~
"
I:
oq:
~
~
l!l
ari
~
on
on
of
~
co
.
ari
~
-
'"
ari
~
~
on
~
~
.
~
Ii: Ii i
U!o
111_::::
,- oq:
~~ II
..-
t~i
"E I:
1:"0
"CD"
...._~
~
N
...
:5
III
t/l_
,U
l:J:
CD,!!
m..
'~
~
C>
~
0..
mE
II!!
t/lCD
,~ g>
l:~
c7l~
'e:
;:..
00:
C>
-
...
8
on
~
-lie:
e:..
l!g
m_
.'5
Em
CDe:
mCD
lii~
m
'CD
~
~
~
N
.
.t:
U
e: ~
l!~
~CD
EC>
CD=
~<
..
m
8
..;
...
.t:e:
u ..
e:e
.l1~
,CD
E~
8lr;;
e:i'
c?lll.
8
~
:5t/l
"
Ie:
....
B~
'~~
CDOl
mE!'
'&1
~C>
C>
./.>
oq:
11
!;
~
-
I
oq:
Gi
I!!
in
'"
,.
~
~
'"
CD
"
'0;
11:
c;j
o
-
'"
o
~
ai
~
"
e:
..
:c
'"
:i:
ui
on
on
on
-
Gi
1l
m
w
.
=
"
o
m
.
CI)
....
j
Ci5
"
e:
N
~
:3
on
Gi
1l
m
.
p
€
o
Z
'"
o
'"
~
.l!
'5
i
-
:I
~
u
~
I!!
~~
I 'e: e
,u..
e: I Q.
Oe'"
ea
E'"
Q.
.
~
'C
u..
I
C
o
e
e
Q.
on
~
'C
u..
I
g
~
-
e
Q.
.
~
'C
u..
I
C
o
e
e
Q.
on
~
'C
u..
I
g
e
e
Q.
.
~
I!! i
i!~ -g
..." CD
I.lt a 11 :B
!5 I I >-
~e.e
-g is
e'" g
Q. ,
. ....
J
~
..lo
a
'5
I:
i
E
Q.
g
cO
[
'"
E
Q.
on
~
ii
,@
...
~
..lo
a
:!:!
"
~
~
e:
~
GJ ==
~ e
'!lOCI)
-"8'"
iN;
~l
..
CD
>-
o
Z
o
Z
o
Z
~
~ f
'3 ~
i ~
Q ':;
J!l :::
l!l .Q
II) ~
~
'E
co
~
c
~
'E
-
~
e:
~
'E
N
-
...
e:
~
'E
'"
...
e:
~
'E
&l
i
t/l
~
~~
.l!lo=
e: ..
'siP
o1jg
~=I!!
_ca,g
00""
~'6'6
o~~
00
t/l
~
t!t::~
ll!!l!-
"Cii~
C>OCD
,gEe.
.o-Q.
,,"cc
11.11._
~o~
,-~~
-'1Jb 0
0: ...
o
Z
E
..CD
..e:m
I!!ec
moll!
om
000
,i;',..3j
ol'3B
o
is
o
Z
'_Ii~
CD ::l
J: ..
--.-
ooli
~~5
o
Z
...; co
l! c> e:
_ 0
-'5
U~
wCDB
e:>1I:
g~o
....z
e'e:o
-- 0:.::
oc>_
t/l
~
NCDCD
:5,,_
0,- -l!l
ol!!e:
'fi,~~
e:o:~
..--
0:00
o~,i;'
~oo
U
...
g.
&
II
.~
II)
~
~
i::
~
(5
~
I
..
~
..
~
o
Z
o
Z
o
Z
t/l
~
...
tIl
~
l
Il::
)0,
c!
-
~
"
u
..
CD
>-
..
Ol
>-
o
Z
o
Z
o
Z
..
~
~
~
~
I
..
Ol
>-
..
Ol
>-
o
Z
t/l
CD
>-
'"
t/l
CD
>-
...
I:
~
:J
I:
~
~
ti
t/l
~
..
~
~
>-
o
Z
..
CD
>-
..
~
...
tIl
.s
~
.s
~
Il::
a
..
CD
>-
Iii
"
..-
Ol ;;
>-"
l!:
o
Z
..~
CD",
>--
o
Z
c::-
o
~
t/l Ol
CD"
>':;
e
!1;
o
Z
:l2'
e:
..
m
t/lZ
CD e:
>- ,2
e:
~
~
~
o
Z
~
t/lw
Olo
>-~
..
~
.,
...2
Olii1
>-a;
l!:.
...
~
~
~
i
~
...
~
:e
8
....
::::
.a
&!