Loading...
HomeMy WebLinkAbout13-City Treasurer CITY OF SAN BERNARDI~OR '&lli~~ 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, 2006 and ending June 30, 2007 Dept: CITY TREASURER Date: April 27, 2006 Synopsis of Previous Council Action: Resolution #2000-228 adopted July 24, 2000 Resolution #2005-238 adopted July 18, 2005 Recommended motion: Adopt Resolution ~Sl. q" ts Signature Contact person: Phone: Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes:j66 \ ~DOb- J..?JL( to /I q /~fo Ko. /3 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 the renewal of an Agreement between the City of San Bernardino and Wells Fargo Bank, NA for the provision of banking services and the deposit of monies, for one year beginning July 1, 2006 and ending June 30, 2007 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. On July 18, 2005, at a Joint Regular meeting of the Mayor and Common Council, approval was given authorizing an agreement to renew the agreement between the City of San Bernardino and Wells Fargo Bank, NA for the provision of banking services and the deposit of monies for one year beginning July 1, 2005 and ending June 30, 2006. This agenda item is for the purpose of renewing the Agreement for the additional and last one-year renewal period from 7/1/06 through 6/30/07. For the fiscal year 07/08, the City will determine whether or not to renegotiate with Wells Fargo Bank for bank services, or to go out for bid for banking services. Both the Finance Department and the Water Department have been consulted on this matter and wish to renew the Agreement for the remaining 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. FISCAL IMPACT: None. RECOMMENDATION: Adopt Resolution. COpy 1 RESOLUTION NO. 2006-234 2 RESOLUTION OF THE MA YOR 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 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 7 to execute on behalf of said City the Agreement to Renew the Agreement, dated July 26, 2000, with 8 9 Wells Fargo Bank, N.A. for the provision of banking services to the City of San Bernardino, and the deposit of monies, for six months beginning July 1, 2006 and ending December 31, 2006, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 10 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 DHC/ar[Resolutions\Resolutions. Wells Fargo.Res] 1 1 RESOLUTION OF THEMA YORAND 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 THE SIX MONTHS BEGINNING JULY 1,2006 AND ENDING DECEMBER 31, 2006 2 3 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. regulallJleeting thereof, held on the19 tlday 6 of June , 2006, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA ~ 9 BAXTER ~ 10 MCGINNIS ---1L- 11 DERRY ---1L- 12 KELLEY ~ 13 JOHNSON X 14 MC CAMMACK X 15 16 Kf.L . j''1 (' niL' t, o (i t2V_ ~..l. '-1.- , Rachel Clark, City Clerk (.. ,'A , .J ,"Y'" J, p. ~, U'i 'vi1/l!./. 'ul.J '/l UU>HtJ j\,.)/.(JlA il.! The foregoing Resolution is hereby aMoved thi~tIay of June I . 2d06. J 17 18 19 20 21 22 Approved as to form: 23 25 JAMES F. PENMAN City Attorney 4J~#1R'~ 24 26 27 28 DHClar[Resolulions\Resolutions. Wells Fargo.Res 1 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~~~' atrick Morris, Mayo' ATTEST: By:j(CtQ ~\J& l\Qcvtr~ Rachel Clark, City Clerk b,\l/~ .,JCVil cttC~hL(do(~i ,lev C{. Of.~'\vELLS FARGO BANK () ! I \J . ,'. ByJ~;V~ Approved as to form: James F. Penman, City Attorney tl ';17' .. / ' '" ,/ I By: 1/ '1(~ ~ f DHC\ar[Resolutions\Wells Fargo Agreement] CITY OF SAN BERNARDINO AGREEMENT FOR BANKING SERVICES THIS AGREEMENT, made and entered into this dlo'fu 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, 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 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 be as set forth in the pricing provisions in the BANK's attached proposal dated February 8th, 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 4. TERMINATION. Any other provision herein to the contrary notwithstanding, and in addition to other methods of termination provided for herein or available under the laws of the State of California, it is agreed that this iAgreement shall terminate ninety (90) days after written notice of termination, which may be given by either party to the other party to this Agreement with or without cause, After the expiration of such ninety- (90) day period, BANK shall immediately cease ~ll services hereunder except as may be specifically approved by the CITY. BA~ shall be entitled to compensation for all services rendered prior to the termination .and for any services authorized by CITY thereafter in accordance with the aforementioned section regarding compensation. 5. NOTICES, Any notice required to be given p.ereunder shall be in writing with copies as directed herein and shall be personally served 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 Banking 707 Wilshire Blvd. 16th Floor Los Angeles, CA 90017 Either party may change its address by notifyip.g the other party of the change of address in writingo Notice shall be deemed communicated when received by the party to be served if served as provided in this section. 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 agai(1st persons or damages to property resulting from BANK's negligent acts or omissions rising out of or related to BANK's performance under this Agreement, BANK shall also carry Workers' Compensation Insurance in accordance with State Workers' Compe~sation laws, BANK agrees to maintain pro!es.sional liability insurance to protect CITY from BANK'S negligent acts, errors or omtSSlons o~ a pr?fessional nature. If any cl~ related to the performance hereunder be ass~rted agamst eIther party hereto, the party! claimed against shall receive all reasonable asslstan~e from the other. The requirements herein for subrogation may be waived by the CITY wIth respect to such professional liability insurance. 2 The insurance required hereunder shall be kept in effect during 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 the right of subrogation against CITY, its officers, employees and agents, and the coverage shall be primary for losses arising out of BANK's performance 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: 1, 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 3. 4. $1,000,000 $1,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 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, terminate 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 i~dividua1 executing this Agreement on behalf of each party is a person duly authonzed and empowered to execute agreements for such party. 3 In W\1NESS WHEREOF, the parties have executed this Agreement as of the date stated above. ATTEST: tL~ J J,dith V 011" M,,~ 0~h.~ City 1erk of the City of San Bernardino APPROVED AS TO FORM AND LEGAL CONTENT: C' ttomey of the C f San Bernardino WELLS FARGO BANK 4>>#~ .-' Mark Hewlett, Vice President 4 . ~ C Ill", lXl..... c "'. 0'" ._ <I> e ::l cti = lXlM III'" Q C C"l =alCO = N <I> ME o .n O~M C os :o~t' ... Co os ~ Q = C ".Ei ...Il-... Q,l ~ r.. =.:! I c t.~ ~ .. .. Intll't;j .... ell::;: o ~ = C = Q .- OS'C U=OS~ Colli EllXl Q U 'C al'" ll..M .... -.0 III <I> o ~ III~ Ul~ alCO e<l> Ui = III ca u .;: Gl E~ c(t;; .. . O~ .ll: e III lXl .tJ:a' .. ;; 0" ~1 ii S..o S e 6 ij c: o!:!=e'5~ -)"''' D. "(!) 'C .. E l>I U" - c: rn ~ g 'u Q) &111t 'c Cllj~ll.. o Cl .. Ill..... ll..;g Ul.o =<1> ;: '" ... .. " >- '" e .. " >- M '" ... .. " >- M e .. " >- M ... .. " ,., e .. !!. M >- 'l: " '" '" " o >- :c C o ::;; >- :c - c: o ::;; >- :c c o ::;; >- :c C o ::;; >- 'l: " '" .. " o w c: .. ~ .. C/) .~ ~ ii c: <t ~ :i! o '" o on 'if. '" '" ... :i! o co .... on 'if. ;;; on 'if. ;!i on 'if. o .... ... ii " c: 5~~ l.U~::::: ~,,<t " c: '" tl .S! ;:.l!l,t! 11.5 ~ "c: c: c:: Cii 0 ~~O 8 '" N <I> o ~ ;;;; o o '" iIi .c Oc: c: .. ~E al", ,'.5 Eal " c: al" ~~ (/) '" ~ '" .c C o E i" .c o c: ... .. " "'-e al" ECl " )( al" c:<( .. (/) o o o .0 <I> .cc: 0.. c: E ~~ ." E::;; ",., CD", c:'" .. " (/)0.. 8 o N <I> :)'" " 1 c: '" .. ,,::;; 00 '2:::;; " .. (/)", ... '0 ~.. Cl(!) ... <t 'l> .. ~ o :t ~ o " o <t ~ 1= "'~ fJ ~ ,- " ~J: "i!: (/).. '::;; ~ Cl o (/).. 1 E '" '" ~ fJ", 'g ">- (/)" ~~ 00:: Cl Q; ~ Iii ~ ~ ,n 1-" 1 ~ E CIQ. oE'" ~is E'" a. .... M 10 ~ .... M M " " 'iij ir ~ 'C: LL 1 C o ~ E a. '" Iii o ~ M o ~ ai ~ " c: .. ~ J: W on on on ~ ~ 'c 11. I c o ~ E a. .... Q; i!! Iii ~ .c '5 o (/) .... '" ..... ~ 'c LL 1 c: o ~ E a. on Q; i!! Ii) " c: N 10 ~ :g '" 'C: 11. I c: o ~ K .... Q; i!! Ii) . o .c t:: o Z M o M ~ iii ~ ~ i; -g 1-" " I.~ E~ lfJ 5 I Co, ~ ::;;E....E ~a. a. o M ,:.: E'" a. .... ~ u S .c: " c: l! III w Xl .. o U = e j:: ~ .,!, " (.) .c: o c: l! III E a. o M cO E a. M E a. '" ~ z = .e_ I" II:: o .:. " (.) w :; ~ .c:: .. ~ c: g Q) == > E nom ..OM ""O~ "N<I> Ilia " " >-(/) '" " >- o Z o Z o Z ... ~ s .~ g- o S s II) c: ~ 'E co ~ <I> c: ~ 'E ~ ;h c: ~ 'E N ~ <I> c: ~ 'E M <I> c: ~ 'E N on '" <I> ... 'in o g- o c: o {J c: .r .!,! :a " ll.. '" " >- ~,., ,- " 's015 .~(ij> ::J ... 0 o-gc: m.c l!! ...J-o _..~ oU~ ~oo u~~ uu '" " >- -Utii'; .....- mU)cu ""> ClO" ~Eo.. .o-a. ,,'"<( 0..0.._ Q,lO 0 :!l~~ (1).- 0 1l:UI- o Z c: .. Q; ..c:CD "0 c: ...... .. CDO(/) _U_ 0_ 0 ~o.. .- >. U) (,):!:Q) Uo o (5 o Z -'" 11)20 E"(/) "~::l J:<(.. oo~ ~~,!!! uu> o Z . ~ CI) g C) g iE:S 0"- ... E 0 o_(/) '" "'.. UJ"o C:E:le g~o ....z E'''o .- o~ U(!)_ U> " >- 1i" .. ",,- (,).- (tl Oe" " c: '5,,,, * c:o::~ ..-- 0::00 o~~ ~UU U ... g. e (!) .. .. " .~ .. II) w ;. o Cl ~ '" (3 Xl " c: e .:!! .. Q: '" " >- '" .. >- o Z o Z o Z U> " >- ... l>I .S 1:: o g- It '" '" o w c: l! " " o '" " >- '" " >- o Z o Z o Z U> " >- ... '" ~ .~ - 'in ~ U> " >- U> Q) >- o Z '" Q) >- C', '" Q) >- ... c: .51 w '" o c: " .: ti .. .c: " '" Q) >- '" Q) >- '" Q) >- o Z '" Q) >- '" Q) >- ... l>I .S l>I '" .s ~ It o " '" " >- ~ U> " U>- Q) " >-g' eo. o Z U>~ "C'. >-~ o Z ~ , U> Q; .." >- ":; e eo. o Z 2 c: co al ",Z Q) c: >- ,2 c: ;:) "e! ~ o Z ~ U>w "0 >-~ U> " >- ., " U>- .. " >-~ es ... 'E ~ g. 'in '" .c: ~ ;;> ... ~ .Q "" o o ..... - :e .. '" ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Vote: Ayes Change to motion to amend original documents 0 N ulIIV oid After: fl.~ days I Resolution # On Attachmen~ PUBLISH 0 POST 0 0(,0 Item # J ~ 1 Nays ~_ Resolution # J.DD6- J...J~ Abstain ~ Absent_~ Companion Resolutions Note on Resolution of attachment stored separately: 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: Date ofC1erklCDC Signature: Reso. Log Updated: 0 Seal Impressed: 0 Reso. # on Staff Report 0 Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: fJ(p -,)9- Qh Date Retumed: 7- /i./-Cf,c; Not Returned: 0 2"d Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes No By_ Updated Prior Resolutions (Other Than Below): Yes No By_ Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes No By_ Updated CDC Personnel Folders (5557): Yes No By_ Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Copies Distributed to: Animal Control o o ~tbh o City Administrator City Attorney Code Compliance EDA o Information Services o Parks & Recreation ..>lV.QJ\OY\l c(:\...Police Department o Public Services o Water Department o o o o o Facilities Finance Fire Department Others: Notes: Ready to File: _ Date: Revised 12/18/03 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: June 29, 2006 YOUR COPY TO: Barbara Masters, Deputy City Treasurer Treasurer's Office FROM: Sandra Medina RE: Transmitting Documents for Signature - Resolution No. 2006-234 At the Mayor and Common Council meeting of June 19, 2006, the City of San Bernardino adopted Resolution No, 2006-234 - 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 the six months beginning July 1, 2006 and ending December 31,2006, Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain Wells Fargo Bank's signature in the appropriate locations and fOlWard the original agreement to the City Clerk's Office as soon as possible, to the attention of Dodie Otterbein, Records Management Coordinator, Please retain a fully executed copy and fOlWard a fully executed copy to the other party, If you have any questions, please do not hesitate to contact Dodie Otterbein at ex!. 3215, Thank you, (J 0/,,1[ etrl f~YAe.(t~~~{IJ / Sandra Medina Assistant to the City Clerk I hereby acknowledge receipt ofthe above mentioned documents, Signed: Date: Please sign and return CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: June 29, 2006 TO: Barbara Masters, Deputy City Treasurer Treasurer's Office FROM: Sandra Medina RE: Transmitting Documents for Signature - Resolution No, 2006-234 At the Mayor and Common Council meeting of June 19, 2006, the City of San Bernardino adopted Resolution No, 2006-234 - Resolution authorizing an agreement to renew the agreement between the City of San Bernardino and Wells Fargo Bank, NA, for the provision of banking services and the deposit of monies for the six months beginning July 1, 2006 and ending December 31,2006, Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain Wells Fargo Bank's signature in the appropriate locations and forward the original agreement to the City Clerk's Office as soon as possible, to the attention of Dodie Otterbein, Records Management Coordinator. Please retain a fully executed copy and forward a fully executed copy to the other party. If you have any questions, please do not hesitate to contact Dodie Otterbein at ex!. 3215. Thank you. Sandra Medina Assistant to the City Clerk I hereby acknowledge receipt of the above mentioned documents. Signed: 0{Yl'tt.o ~_ Date: G lJ.~ 1tJ({l Please sign and return