The URL can be used to link to this page

Home My WebLink AboutO-2010-3292 banking service agreement with Amegy Bank for (5) year term beginning November 1, 2010 H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 25,2010 Appropriation Source of Funds: General Fund Requested By: Michael G. Dolby Account Number: Department: Finance Amount Budgeted: Report~ Resolution~ Ordinance: XX Amount Requested: Exhibits: Contract Budgeted Item: YES NO Exhibits: Rvalnation Worksheet Snmmary Exhibits: Rirlrlpr~' T ,id SUMMARY & RECOMMENDATION On August 24, 2010, the City opened proposals for Banking Services. The proposal submitted by the banks were analyzed based on six areas: (1) the compliance with the qualifications; (2) the ability to provide services; (3) the response to required items per the quotation form; (4) the cost of services; (5) the financial strength and (6) the convenience oflocation. The analysis of the RFP's was presented to and approved by the Fiscal Affairs on October 25,2010. Based on our opinion ,one respondent has the ability and commitment to offer a superior level of customer service to the City and a lower cost of services provided. We believe that the proposal submitted by Amegy Bank provides the best overall benefit to the City of La Porte. /D ~I t6 Date - ORDINANCE NO. 2010- 8)t1 {).. AN ORDINANCE APPROVING AND AUTHORIZING A BANKING SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND AMEGY BANK OF HOUSTON ,TEXAS FOR A FIVE YEAR TERM, COMMENCING NOVEMBER 1, 2010, AND TERMINATING OCTOBER 31,2015; MAKING VARIOUS FINDINGS AND PROVISION RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be in effect from and after its passage and approval. PASSED and APPROVED this the 25th day of October, 2010. ATTEST: ~t2t;/k~ Ma ha Gillett, City Secretary APPtl,D: ~r~ Clark T. Askins, Assistant City Attorney / THE STATE OF TEXAS COUNTY OF HARRIS BANKING SERVICES AGREEMENT THIS AGREEMENT, made and entered into effective the 1st day of November, 2010, by and between the CITY OF LA PORTE, TEXAS, a municipal corporation, hereinafter referred to as "City", and AMEGY BANK, whose address is 4400 Post Oak Parkway, Houston, Texas, hereinafter referred to as "Bank". WIT N E SSE T H: WHEREAS, the City has advertised for Proposals to provide banking services to the City of La Porte as provided in R.F.P. 10508, the request for proposals having been published in the La Porte Bayshore Sun, said Notice providing that proposals would be opened at 2:00 o'clock p.m. on the 24th day of August, 2010; and WHEREAS Bank responded to such Notice to Offerors and indicated its willingness to provide banking services for the City of La Porte according to information in its submitted Proposal; and said Notice to Offerors and the Proposal submitted by Bank are each specifically made a part of this Agreement and incorporated by reference for all purposes; and WHEREAS Bank's Proposal was selected to be the best responsible proposal; NOW THEREFORE, for and in consideration of the term, covenants, and conditions hereinafter set forth, the parties hereto agree as follows: 1. City hereby grants to Bank the right to provide banl~ing services to the City of La Porte. 2. Bank agrees to perform the above-stated banking services in complete conformance with the guidelines of R.F.P. 10508, and Bank's submitted Proposal, a copy of which are attached hereto, marked Exhibit "A" and by this reference incorporated herein and made a part of this Agreement. 3. The term of this Agreement shall be from the 1st day of November, 2010, to and including the 31st day of October, 2015, and on a month to month basis thereafter until terminated by City. 4. Bank and City agree to fully comply with the terms, conditions, and specifications contained in Exhibit "A", which is attached hereto and made a part hereof, except and to the extent that said terms, conditions or s ecifications are specifically modified in the body of this Agreement. This Agreement, together with t afta ed Exhibit "A", constitutes the entire agreement between the parties hereto. F, the parties hereto have executed this Agreement in multiple copies effective on above. (~.~.~ c- BY: Olief Exccutivei3fofieef. V i c.~ 'P",,,,'.~f- ATTEST: Exhibit A CITY OF LA PORTE, TEXAS -' REQUEST FOR PROPOSAL RFP 10508 FOR BANKING SERVICES July 2010 CITY OF LA PORTE RFP #10508 - BANKING SERVICES TABLE OF CONTENTS Notice to Offerors........................................ ........................... Page 4 Required Documents ............................................................. Page 6 Terms & Conditions ............................................................... Page 8 Indemnity Agreement........................................................... Page 11 I. Introduction ......... .......... ..... ...................... .......... .......... ...... Page 12 A. Background ...... .......... ......... ..... ............... ..... ............. ..... Page 12 B. Submission Instructions.................................................. Page 12 1. Sealed Proposal........................................................ Page 12 2. Responses ................................................................ Page 12 3. Questions and Clarifications...................................... Page 12 4. Schedule ................................................................... Page 13 5. Variances.................................................................. Page 13 C. Selection Criteria ............................................................ Page 13 D. Terms and Conditions .................................................... Page 13 1. Contract Term ........................................................... Page 13 2. Rig ht to Reject........................................................... Page 13 3. Modifications and Amendments ......... ...... ............ ..... Page 13 4. Termination ............................................................... Page 13 6. Effective Date .................... .... ... ..... ..... .... ....... ......... ... Page 13 6. Bank Failure .............................................................. Page 13 II. Minimum Qualifications for Submitting a Proposal............... Page 14 A. Basic Bank Qualifications............................................... Page 14 B. Approved Collateral........................................................ Page 14 C. Adequate Size to Provide Services................................. Page 14 D. City Liaison... ........ .......... ........ ............... ........ ...... ...... ..... Page 14 E. References.. ................. ...... ............... ...... .......... ..... ........ Page 14 III. Statement of Required Services.......................................... Page 14 A. General Operating Account............................................ Page 15 1. Use of Account.......................................................... Page 15 2. Deposits .................................................................... Page 15 3. Monthly Statement .................................................... Page 15 4. Optical Imaging ......................................................... Page 15 6. Stop Payments .......................................................... Page 15 6. Returned Items. ......... ............ ........... ....... ........ .......... Page 15 7. Wire Transfers........................................................... Page 15 8. I nformation Services.................................................. Page 15 9. Data SUlnmary .......................................................... Page 15 2 B. Payroll Zero Balance Account ........................................ Page 16 1. Use of Account............................................... ........... Page 16 2. Monthly Statement .................................................... Page 16 3. Stop Payments...... .................................................... Page 16 C. Other Required Services ................................................ Page 16 1. Account Analysis ....................................................... Page 16 2. Direct Deposit............................................................ Page 16 3. Direct Draft ................................................................ Page 16 4. Positive Pay............................................................... Page 16 5. Online Banking .......................................................... Page 16 6. Credit Card Merchant Services Provider ................... Page 17 7. Certificates of Deposit ............................................... Page 17 8. Securities Clearance and Safekeeping ..................... Page 17 9. Lockbox Service ........................................................ Page 17 10. Electronic Checks...................................................... Page 17 11. Required Agreements ............................................... Page 17 12. Investment Policy...................................................... Page 17 IV. Optional Services ..................... ......... ... ....... ................... ...... Page 18 V. Method of Payment...........................................:.................. Page 18 VI. Other Matters of Importance ................................................ Page 18 A. Security Pledges............................................................. Page 18 B. Overdrafts......... .............................................................. Page 19 C. Availability of Funds.. ....... ........... ............. .............. ......... Page 19 D. Fraud Detection.............................................................. Page 19 E. Financial Strength........................................................... Page 19 F. Contract .. ...... .......... .......... ........... .......... ....... ....... ......... Page 19 Bidder's Certification....................... .......................... ................. ..... Page 20 Quotation Form ........................................................................ Page 21 Appendix I Banking Services Agreement........................................ Page 27 Appendix II I nvestment Policy......................................................... Page 28 3 SEALED RFP # 10508 - BANKING SERVICES CITY OF LA PORTE NOTICE TO OFFERORS All sealed proposals shall be submitted including one (1) marked original and three (3) duplicate on the original forms and clearly marked with RFP number and description. Proposals will be received at the Purchasing Office, 2963 N. 23rd Street , La Porte, TX 77571 until 2:00 p.m. Tuesdav, August 24. 2010. Proposals will be opened and names publicly read in the Public Works upstairs training room immediately after the closing hour for the proposals on said date. An elevator is not available. Please contact Purchasing at 281-470-5126 if accommodations are needed. NO LATE PROPOSALS WILL BE CONSIDERED Packets may be obtained without deposit from: City of La Porte Purchasing Division 2963 N 23rd Street La Porte, TX 77571 (281) 470-5126 Proposals will be opened so as to avoid disclosure of contents to competing offerors and kept secret during the process of negotiation. All proposals shall be open for public inspection after contract award. Trade secrets and confidential or proprietary information, so noted in proposal, shall not be open for public inspection. The City of La Porte hereby notifies all offerors that in regard to any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. The City reserves the right to reject any and/or all proposals, to waive any and all technicalities and to accept any proposal or part thereof, which in the opinion of the City Council, is most advantageous to the City. In case of ambiguity or lack of clearness in stating the prices in the bid, the City reserves the right to consider the most advantageous bid thereof or to reject the bid. Publish Dates: July 28, 2010 & August4, 2010 4 CITY OF LA PORTE PURCHASING OFFICE 2963 N. 23RD STREET LA PORTE, TX 77571 To drop off bids and/or attend bid opening, follow these directions: ~ At SH146 in La Porte, exit W. Main/Spencer Hwy. and turn west ~ From Spencer Hwy., turn North on N. 23rd Street ~ The Public Works facility is on the right, past the La Porte Police Station and the Mini-Storage Facility. ~ Turn right into parking lot and drive through the entrance gate, turn left immediately and park in the last aisle on the right. The Purchasing Office is located on the southwest side of the parking area. Look for the signage. 5 CITY OF LA PORTE The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight, insurance, etc., to cover the finished work specified in this proposal. All items proposed and installed under this procurement must be new and unused and in undamaged condition. The City of La Porte is tax exempt and no taxes shall be included in the pricing of this proopsal. Offeror understands that the Owner reserves the right to reject any or al/ offers and to waive any informalities in the proposal. The offeror agrees that this proposal shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving proposals. The undersigned affirms they are duly authorized to represent this firm, that this proposal 11as not been prepared in collusion with any other firm, and that the contents contained herein have not been communicated to any other firm prior to the official opening. Respectfully submitted: Ame~V Bank of Texas Business Annis Bonita Reed (Bonnie) t';J?ffif;l(please print) C"...~~:s'!-"~5"~,..-/ 0.... .//.;~ //'.' 0:::-;-" ~--::I7 C;>,,- LZ ,- r c) ~-~ .- ~n~llie Da~ 4400 Post Oak Parkway Address Houston, TX. 77027 City, State, Zip Code bonnie.reedcaJameQvbank.com E-mail 713.232.2185 Office Phone 713.561.0639 Fax Number 6 CITY OF LA PORTE CERTIFICATION BY BIDDER City of La Porte Ordinance #98-2217 prohibits any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte Purchasing Division at 281-470-5126. If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte. to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. l The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. or _ The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: AmeQY Bank of Texas Address: 4400 Post Oak Parkway Printed Name: _~~~~.I!!: ::d ......//;/ ( -=~5;; S ~;:--~"-:;,/ Authorized Signature: Date AUQust19,2010 7 CITY OF LA PORTE GENERAL TERMS & CONDITIONS 1. RECEIPT AND OPENING OF PROPOSALS The City of La Porte, (hereinafter called the "Owner"), invites proposals on the form attached hereto. Sealed proposals shall be submitted including one (1) marked original and three (3) duplicate on the original forms and clearly marked with RFP number and description. Owner will receive proposals at the Purchasing Office, 2963 N. 23rd Street, La Porte, TX 77571. Proposals will be publicly opened immediately after the closing hour of said date. Vendor name only will be read aloud so as to avoid disclosure of contents. Any proposal received after the time and date specified shall not be considered. The Owner may not consider any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all proposals. Any proposal may be withdrawn prior to the scheduled time for the opening of proposals or authorized postponement thereof. 2. PROPOSAL MODIFICATIONS Any offeror may modify their proposal by written communication at any time prior to the scheduled receipt of proposals, provided such communication is received by the Owner prior to closinQ time. The communication should not reveal the proposal price, but should provide the addition or subtraction or other modification so that the Owner will not know the final prices or terms until the sealed proposal is opened. Owner shall not provide interpretation of the meaning of the plans, specifications or other pre-proposal documents to any bidder orally. Such communication must be in writing. Every request for such interpretation should be in writing addressed to the Purchasing Manager. 2963 23rd Street, La Porte, TX 77571 or e-mailed to purchasinQ{CQlaportetx.Qov. All requests shall be received at least five (5) days prior to the scheduled time for receipt of proposals. Any and all such interpretations and any supplemental instructions, will be in the form of written addenda to the specifications which, if issued, will be submitted to all prospective offerors not later than three (3) working days prior to the scheduled time for receipt of proposals. Failure of any bidder to receive any such addendum or interpretation shall not relieve offeror from any obligation of submitted proposal. All addenda issued shall become part of the contract documents and must be acknowledged as received on submitted document. 3. METHOD OF AWARD Evaluation will be based on the criteria stated in the RFP. The best proposal submitted by a responsible offeror will be negotiated with the City of La Porte. If proposal amounts exceed the available funds to finance the contract, the Owner may reject all proposals or may award the contract on a negotiated proposal with deductible alternates applied in numerical order in which they are listed on the Form of Proposal, as produces a net amount, which is within the available funds. 8 General Terms & Conditions Continued Page 2 of 3 The City of La Porte reserves the right to waive any informalities or technical errors that in its judgment will best serve the interests of the City. 4. FUNDING OUT CLAUSE The City of La Porte warrants that funds are available to pay for this contract until the end of its current fiscal year and warrants funds will be requested to make payment in each appropriation period from now until the end of the last renewable option year. However, if funds are not made available after such request, then the City of La Porte may terminate this agreement with thirty (30) days written notice. 5. QUALIFICATIONS OF OFFEROR At the time of the opening of proposals, each offeror will be presumed to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any offeror to examine any form, instrument, or document shall in no way relieve any offeror from any obligation in respect of his proposal. The Owner may make such investigations as he deems necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Owner that such offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional proposals will not be accepted. 6. CONDITIONS OF WORK Each offeror must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful offeror of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar, as possible contractor, in carrying out his work, must employ such methods or means as will not cause any interruptions of or interference with the work of any other contractor. 7. LAWS AND REGULATIONS The offeror's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 8. SUBCONTRACTS The offeror is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. 9 General Terms & Conditions Continued Page 3 of3 9. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596). (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 10. CONFLICT OF INTEREST Chapter 176 of the Texas Local Government Code requires that any person, who enters or seeks to enter into a contract for the sale or purchase of property, goods or services with a local government entity and who has a business relationship (as defined by Section 176.001 (1-a)) with the local government entity, shall file a completed conflict of interest questionnaire with the City Secretary within 7 business days after the latter of: 1) the date the person begins discussions or negotiations to enter into a contract, including submission of a bid or proposal, or 2) the date the person becomes aware of facts that require the statement to be filed. The Conflict of Interest Questionnaire (Form CIQ) is available from the City of La Porte website at www.!aportetx.Qov or from the Texas Ethics Commission at www.ethics.state.us. Completed conflict of interest forms may be mailed or delivered to the office of City Secretary, 604 W. Fairmont Pkwy., La Porte, TX 77571. Please consult your own legal advisor if you have questions regarding the statute of this form. 11. SUPPLEMENTAL INFORMATION A. All prices to be F.O.B., Destination, City of La Porte, La Porte, Tx 77571. B. The City of La Porte is exempt from all taxes in the State of Texas, including sales tax. A tax-exempt form will be provided upon request. 10 CITY OF LA PORTE INDEMNITY HOLD HARMLESS AGREEMENT To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City of La Porte, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney's fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by or working as an independent contractor for Contractor or said Subcontractors or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees or independent contractors. The Contractor expressly understands and agrees that any insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City of La Porte, its Council members, officers, agents and employees and herein provided. Contractor Date Printed Name Signature 1I CITY OF LA PORTE RFP #10508 - BANKING SERVICES I. INTRODUCTION The City of La Porte is seeking proposals from qualified vendors for banking services. The purpose of these specifications is to describe the minimum requirements for the City of La Porte A. BACKGROUND The City of La Porte, based on an examination of its cash management policies, practices and procedures, is evaluating its banking needs in terms of services and costs. In conjunction with this evaluation, the City is inviting proposals from qualified banking institutions for providing complete banking services to the City of La Porte as described in Section 3. The City of La Porte desires to acquire banking services, which represent the best value to the City. The City considers value to be a function of price and quality. B. SUBMISSION INSTRUCTIONS 1. Sealed Proposals: Responses to this request, one (1) original and three (3) copies, marked as shown, shall be sealed and mailed or delivered to: RFP #10508 - BANKING SERVICES Susan Cream, Purchasing Manager City of La Porte 2963 N 23rd Street La Porte, Texas 77571 To be eligible for consideration, all proposals must be filed with the City before 2:00 p. m., August 24, 2010. Proposals received after the deadline, regardless of method of delivery, will not be opened or considered by the City. 2. Responses: Proposals must be submitted on the standard forms provided herein, with supporting material attached to the required forms. The City's decision in selecting the proposal that best meets the needs of the City will be based on the data contained in this proposal and on the attached quotation forms. Alternative Proposals (those not conforming to the standard forms provided herein) will be considered as long as sufficient documentation is provided showing the assumptions used in arriving at the proposal. Alternative proposals shOUld demonstrate the financial institutions' unique, cost effective, or innovative approach to not only today's banking needs but also to the rapidly changing demands of the banking industry and its clients. 3. Questions and Clarifications: Any questions or requests for cfarification should be directed to Susan Cream, Purchasing Manager at (281) 470-5126. Inquiries should not be made to other City officials or employees. This Request for Proposal does not commit the City of La Porte to enter into any formal or informal banking services arrangement or to incur any costs related to the preparation of a response. 12 4. Schedule: July 22, 2010 July 28 & Aug 4 August 24, 2010 September 13, 2010 October 1, 2010 Distribution of Request for Proposal Adve rtisement Deadline for Submission of Proposals City Council Approval Effective Date 5. Variances: All variances from the City's specifications, terms, and/or conditions, no matter how slight, must be indicated on the attached quotation forms. Otherwise,.it will be assumed that your proposal fully complies with the terms, conditions, and specifications as defined. C. SELECTION CRITERIA The following criteria will be used by the City to evaluate the proposals and to make a selection: 1. Compliance with qualifications as set out in Section" of this RFP 20% 2. Ability to provide required services as set out in Section III of RFP 20% 3. Complete responses to all required items on the quotation forms 15% 4. Cost of Services 15% 5. Financial Strength 15% 6. Convenience of Location 15% D. TERMS AND CONDITIONS 1. Contract Term: The intent of this Request is for the City to arrange for banking services for a five year period, commencing on October 1, 2010, and will continue until a new agreement is reached. 2. Right to Reject: The City reserves the right to waive any irregularities in any proposal, to request additional information, and to accept or reject any item of any proposal. 3. Modifications and Amendments: The City reserves the right to negotiate such additions, deletions or changes as it deems necessary during the term of this agreement. 4. Termination: Either party may terminate this agreement upon giving written notice to the other party 90 days in advance of termination. 5. Effective Date: The selected proposal upon approval by the City Council, and the execution of a formal contract, will become effective October 1, 2010. The Bank will commence operating pursuant to this agreement as soon as practicable. 6. Bank Failure: Should the Bank fail, close, or be forced into reorganization during the term of this contract, City reserves the right to immediately cancel the contract. 13 II. MINIMUM QUALIFICATIONS FOR SUBMITTING A PROPOSAL In response to this Request for Proposal, the offeror acknowledges and understands that the following conditions must be met during all times services are provided to the City: A. Basic Bank Qualifications: The bank must be a Federal or Texas Chartered Bank with a branch located in La Porte. Amegy Bank is a Federal Chartered Bank. Amegy Bank's La Porte Branch is located at 1401 Fairmont Parkway La Porte, Texas 77571 B. Approved Collateral: A bank submitting a proposal must have identifiable collateral which meets the requirements of Texas law for public depositories, and which is sufficient to cover the City's deposits at 102% at aU times. The City would consider the use of letters of credit as collateral. C. Adequate Size to Provide Services: A bank submitting a proposal must have adequate organization, facilities, equipment, and personnel to provide prompt and efficient service to the City. . D. City Liaison: A bank submitting a proposal must assign a senior level bank management person as liaison with the City's Finance Department. The City of La Porte's Relationship Officer will be James Prickett and the City's Treasury Management officer will be Annis Bonita Reed. D. References: Provide three Texas local government references for cash management services. See section II - C III. STATEMENT OF REQUIRED SERVICES The City has determined the following services and products are the minimum necessary to fulfill the current and foreseeable future banking service requirements of the City of La Porte. A description of our typical activity is as follows: 1. All receipts are credited to the General Operating Account. The daily operating balance in this account averages $2,000,000. 2. Disbursements are made from the General Operating Account to vendors and other fund accounts maintained by the city. The City issues an average of 500 checks per month for an average total amount of $3,900,000 through this account. 3. The City collects property taxes for La Porte Independent School District. These collections are deposited into the City's General Operating Account and are transferred to the school district by ACH on a daily basis. For the month of January these deposits totaled $45,000,000. 14 4. Employee paychecks are issued through the Payroll Account, which is maintained at a zero balance. The City has a bi-weekly payroll with an average of 400 employees representing a net average monthly payroll of $960,000. The majority of the employees are on direct deposit. 5. Funds in interest bearing accounts shall earn interest at the rate paid on interest bearing accounts. Please provide an explanation of the institution's policy and methodology used in setting rates paid on interest bearing accounts. Indicate if they are based on a market rate such as the T-bill discount or yield rate, or the federal funds rate, etc. and when the rates are changed. Also please provide a historical schedule of rates paid on this type of interest bearing account. Funds deposited into a non interest bearing account will be used to offset fiscal services charges. Our rate committee meets twice a monthly and we consider the economy, competition and the 91 day T -Bill rates when setting rates. A. GENERAL OPERATING ACCOUNT 1. Use of Account: The City of La Porte requires a General Operating Account into which all City receipts will be deposited and all transfers and checks will be paid. A transfer is made bi-weekly into the payroll account to cover the net payroll. The daily operating balance will vary. Currently this account averages $2,000,000 daily. 2. Deposits: The City will make deposits to the General Operating Account at various times during the business day and will require the Bank to give same day credit on collectable funds the Bank receives before 2:00 p.m. It is the City's Policy to encode checks prior to Deposit. Agree. You can extend that time frame when using our Anytime Deposit product (scanner) up to 9:00 PM. 3. Monthly Statement: The City requires that monthly statements provide beginning and ending balances as well as all transactions that occurred during the reporting period. The City would prefer that these statements be available in electronic format. The City will receive a monthly statement that provides begInning and ending balances. The transactions that occur within the month will be included, The statements are available online through Amegy's balance reporting system, AmegyConnect. AmegyConnect provides 18 month of history for statements. The statements are available as a PDF. 4. Optical Imaging: The City will consider using CD-ROM for the imaging and retention of cleared checks, containing front and back side check images. Please describe any software or hardware requirements, any options or pricing. Amegy Bank offers a number of Optical Imaging solutions. Hardware requirement would be to have a computer that reads CD ROMS, Pricing is reflected on our Proforma that is included in Section I - A. 15 5. Stop Payments: The City desires an automated stop payment process. Please describe what options are available, any time deadlines and the pricing. The City will have the ability to create Stop Payments online through Amegy Connect. The stop pay must be placed by 4:00 pm CST in order to be effective same day. 6. Returned items: The City will require that returned items be automatically re- deposited the first time. Agree. 7. Wire Transfers: The City will require the Bank to periodically wire funds out of the accounts to various vendors, paying agents, and brokers upon telephone instructions or wire transfers completed online. Wire transfers in will be made for sale of securities, interest payments and receipts from various governmental agencies. The city requires that wires be released the same business day if information is provided by the established deadline. Notification of wire transfers shall be made by written confirmation mailed to the City on the same day of the transaction. Please describe the process of online wire initiation, back up procedure, security, time deadlines, and the options available and pricing. Amegy Bank of Texas recommends that the City utilize the wire transfer offering within AmegyConnect. You can either create a one-time payment from a payment type or select a batch template. When creating a Wire payment you can select from various payment types, and enter the data that meets you needs. Once the City selects a payment type, the system displays the Create Payment page that is appropriate for the payment type. This page includes sections for inputting payment, ordering customer, beneficiary, additional, and options information. When done completing this page, The City can preview, and then submit, the payment. From that point the system is automated and the wire request goes through a series of automated reviews, as long as the wire meets those guidelines it is then released immediately to the Federal Reserve and then forwarded to the beneficiary BanI<. There is no delay in wire processing as long as the wire transfer is received by: Federal Tax Payments - 3:30 p.m. CST Drawdown - 4:30 p.m. CST International - 4:00 p.m. CST Domestic - 4:30 p.m. CST In addition to PC wires the City has the ability to initiate wires through: Telephone Wire users are given a pin number to use when initiating and approving phone wires. Users will call the Amegy wire room to initiate or approve wire and pin number will be required. User fax in request to Amegy Bank wire room. A phone call is then placed to client to obtain PIN of the approver and confirm fax details. 16 8. Information Services: The City desires balance reporting for daily access of its bank accounts to obtain balance information. The most desirable access would be online access. The information desired would be ledger balance collected balance one day float amount, two day float amount, total credits, total debits and detail debits and credits. This information should be available each morning by 10:00 a. m. Please describe the bank's online service capabilities, the options available, any hardware or software requirements and the pricing. Amegy Bank's electronic banking system, AmcgyConnect, allows users to access the City's financial data, banking information, payment solutions, and specialized reports. AmegyConnect is a secure, 24/7 accessible web based application that is built to fit the City's needs. AmcgyConnect has a Client Self Administration module. Administrators have the ability to add new users, assign users access and security privileges, change liseI' permissions or remove users without having to send anything to the bank. Summary level Same Day and Previous Day information is available by 8:00 am CST to view. The ability to view detail information about items is available. Additional details on transactions such as ACH and Wire Transfers caIl also be viewed. Previous Day information is available to view for 180 days, while Same Day detail is retained for 90 days. Users can view loan information such as rate, amount, and maturity date. 9. Data Summary: Estimates of Activity are found in Item A of the Quotation Form. B. PAYROLL ZERO BALANCE ACCOUNT 1. Use of Account: The City of La Porte requires a zero balance checking account from which all biweekly City payroll checks will be written. 2. Monthly Statement: The City requires that monthly statements provide beginning and ending balances as well as all transactions that occurred during the reporting period. The City would prefer that these statements be available in electronic format. Amegy Bank provides monthly statement online through AmegyConncct. Statements are available online for 18 months. 3. Stop Payments: The City will require the Bank to issue stop payments initiated either online or upon telephone communication from authorized City personnel. The City will provide written confirmation of the telephone or online transaction and will require written confirmation of the stop payment from the Bank. Agree. C. OTHER REQUIRED SERVICES 17 1. Account Analysis: The City requires that a monthly account analysis be presented to the City within 15 business days of the end of the month. The account analysis must show a minimum of the following information. a. Account number b. Period covered c. Average ledger balance d. Average collected balance e. Services rendered (include type of service and quantity) f. Per unit cost of each service g. Total cost per service h. Total cost of all services rendered Agree. 2. Direct Deposit: Direct deposit of payroll checks is required of all employees, currently there are 412 employees with 392 with direct deposit, 7 using payroll cards and 13 that use regular checks. The bank will be required to produce bi-weekly payroll transfers from an uploaded file furnished by the City in ACH format for transfer of funds directly to the employees' bank, savings, or credit union account. Please state the Bank's procedure for this service and list appropriate cut-off times that would apply. (Item 0 on Quotation Form) The City's net payroll is approximately $480,000 each pay period. 3. Direct Draft: The City currently makes available to customers the ability to pay utility bills by direct bank draft. Please state the Banks procedures for this service (Item E on Quotation Form). 4. Positive Pay: The City currently uses positive pay. The positive shall be fully automated and web based. Check information will be transmitted electronically to the bank on each check run. Please describe the complete process, data transmission requirements, the options available, any time deadlines, and the pricing. (Item H on Quotation Form). 5. Online Banking: The City currently completes the majority of banking functions online. These functions include, but are not limited to, account inquiry, initiation of outgoing wire transfers, interaccount transfers, uploading ACH files. Please state the Banks ability to provide online services (Item I on Quotation Form). 6. Credit Card Merchant Services Provider: The City accepts credit cards for the payment of several City services in person, on the telephone and online. Please state the Bank's ability to provide this service and the associated procedures. The city would require several merchant accounts. The city expects 2,600 credit card transactions per month, with an average monthly transaction value of $580,000. Please confirm the capability of your bank to provide this service, the options available, the type of major credit cards accepted (Le. Visa, MasterCard, Discover, American Express), the type of equipment available, and the pricing. (Item J on Quotation Form). 7. Certificates of Deposit: Certificates of Deposit purchased for the City shall be non-negotiable, and shall be registered in the name of the City. CD's shall be fully insured by the FDIC or collateralized by fully guaranteed Federal obligations that are pledged to the City and that have market value equal to or 18 greater than the CD for the life of the CD,or by letters of credit in the city's name. Proof of collateral shall be supplied to the City before the CD's are paid for. 8. Securities Clearance and Safekeeping: The Depository may act as transfer agent for some or all security transactions undertaken by the city. All security transactions shall be executed delivery versus payment. A safekeeping confirmation for each City security transaction will be issued, and mailed to the City within two (2) business days of settlement. A monthly report listing all City securities held in safekeeping will be mailed to the City within seven (7) business days of the end of the month. Agree. 9. Lockbox Service: The City is in the process of establishing lockbox service at its current depository. The City would like to also have remote lockbox capabilities whereas city personnel scan in and deposit checks from the City Hall location from the customer service counter. The bank shall provide a scanner to facilitate this process. Provide data regarding the use of lockbox in your proposal and identify the applicable cost on the fee schedule. (Item K on Quotation Form). 10. Electronic Checks: The City is in the process of establishing the capability for customers to pay by electronic checks on line. Please explain if your institution is able to offer this type of service and if so, the cost, process and any other relative information. (Item L on Quotation Form). 11. Required Agreements: Please provide a copy of all required agreements (even if not directly referenced or required in this RFP) which will be required to be executed for services under this contract. Any changes and negotiation required on the agreement will be made and agreed upon before award of the contract. 12. Investment Policy: The bank awarded the contract will be required to review the City's current Investment Policy and certify that the bank has sufficient controls in place to avoid transactions not authorized by the policy. Provide agreement of this condition. (Appendix II). IV. OPTIONAL SERVICES Armored Car Service: The city is considering requiring armored car service. Please confirm the capability of your bank to provide this service, the options available and the pricing. Armor car service is available at the cost of $7/day. V. METHOD OF PAYMENT The City reserves the right to utilize either a fee basis or compensating basis (or a combination of each) for payment of services under the contract. The City reserves the right to change the payment methodology during the contract period upon no less than 30 days written notice to the bank with the change commencing the first of the following month. This will enable the City to take advantage of changing interest rate environments. The bank shall state what balance is 19 used to calculate the earnings allowance whether it is the ledger balance, collected or available balance. Any excess collected balance may be invested daily by the Bank as directed by the City in a City approved overnight investment, an interest bearing account or a SEC registered money market fund. VI. OTHER MATTERS OF IMPORTANCE A. SECURITY PLEDGES As security for the deposits of the City of La Porte, the Bank shall pledge to the City securities equal to 102% of the balances the City of La Porte maintains in the Bank. Reporting Requirements: The Bank shall provide the City with a report of securities pledged at the end of each month or at any time requested by the Director of Finance or his/her designated representative. This report should be delivered to the City by the 10\h of each month and should reflect the following information as of the end of the previous month: ~ Total pledged securities itemized by: ~ Name ~ Type/Description/Cusip Number ~ Par Value ~ Current Market Value ~ Maturity Date ~ Moody's or Standard & Poors Rating (both, if available) Safekeeping Requirements: The securities pledged shall be pledged in the name of the city and held in safekeeping by an independent bank other than the Depository Bank. The City also requires a written agreement with the 3rd party bank in accordance with the Uniform Commercial Code (UCC) requirement for control. Any swaps, sales, or transfers of collateral cannot occur without written approval by the City. The original copy of all safekeeping receipts shall be filed with the Director of Finance of the City of La Porte. The City will reimburse the depository bank for any safekeeping charges provided the estimated charges are specified under Item C on the quotation form. In accordance with State law, the Board of directors of the depository bank shall be required to provide a resolution of certification approving the commitment and delivery of the collateral to the safekeeping institution not later than five days before the commencement of the contract period. Amegy has a monthly report that can be sent by the 10lh business day of the following month however it does not reflect Moody's or S&P ratings. B. OVERDRAFTS An overdraft shall exist when a negative demand balance exists in the City's accounts collectively, not by individual account. The City does not intend to have a net overdraft position occur during the course of the contract period. However, should a net overdraft condition occur, the following stipulations would apply. The maximum number of days the overdraft condition would be allowed is 3 banking days. The maximum amount of the overdraft to be allowed would be $500,000.00. The interest rate would be Prime +5% per annum computed on an actual day basis for the days and amount of overdraft. (Item F on Quotation Form) c. AVAILlBILlTY OF FUNDS Please provide a schedule and detailed explanation of funds availability, showing both time and day of availability, and specify the institution location to which the 20 availability is applicable. If more than one availability schedule is applicable, provide both. Reference Section I - B D. FRAUD DETECTION Provide information describing the institution's security measures to prevent fraud, and unauthorized electronic, and non-electronic transfers and to protect the integrity of computer banking services, and internal computer systems. Please address security measures on ACH transactions. Amegy Bank otTers numerous security measures to our clients to minimize the risk of unauthorized transactions - Positive Pay -ACH Positive Pay - Trusteer Rapport -Dual Control -System Administrators - Treasury Gateway Single Sign On ~~;'T;@('fti.!N)'\N'~!.~I;!;~mR~N.~[fi . The proposer shall provide a copy of their most recent audited financial statements for the most recent fiscal year, the past two recent quarterly FDIC call reports, the Uniform Bank Performance Report for the latest fiscal year and the bank's current CRA rating (noting the specific rating agency). F. CONTRACT The depository bank whose proposal is accepted by the City will be required to sign a formal contract with the City. The contract will acknowledge this proposal as the basis for services, to be provided, and will be referred to, in the contract, as Appendix I. 21 CITY OF LA PORTE BIDDER'S CERTIFICATION This is to certify that I am duly authorized officer of the Banking Institution submitting this proposal. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any informality in the following Quotation Form. The Offeror agrees that this proposal, being submitted in one original and three copies shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving proposals. Respectfully submitted: C'-- ~_.- ~~..~;~~~~/ Signature Annis Bonita Reed (Bonnie) Name (please print) Vice President Title AmeQV Bank of Texas Banking Institution 4400 Post Oak Blvd. Address Houston. Texas 77027 City, State, Zip Code 22 CITY OF LA PORTE TEXAS QUOTATION FORM TO BE COMPLETED BY THE FINANCIAL INSTITUTION ITEM (A) GENERAL OPERATING ACCOUNT (Pro Forma Volumes Based on 12 month period ending March 31, 2010) MONTHLY UNIT TOTAL SERVICE DESCRIPTION ACTIVITY PRICE CHARGE Depository Services DDA Statement Additional 2 10.00 20.00 Credit Entries 47 .30 14.10 Debit Entries 475 .08 38.00 Items Deposited-on US 511 0.045 23.00 Items Deposited-Local City 2,554 0.060 153.24 Items Deposited-Transit 1,335 0.080 106.80 Items Deposited-ClearinQhouse 1,762 0.050 88.10 Items Deposited-Local RCPC 231 0.060 13.86 Items Deposited-Other 11 Fed 1,571 0.070 109.97 Item Deposited-reclear 35 3.50 122.50 Return item-charQebacks 23 3.50 80.50 Currency handled oer $100 2,252 0.08 180.16 Account Maintenance 2 5.00 10.00 ACH Credits Received 236 0.07 16.52 ACH Debits Received 76 0.07 5.32 Wire Transfer Services Wire Maintenance 2 0 0 IncominQ Wire e-mail and fax 3 11.50 34.50 PC Wire out 1 5.00 5.00 Account Reconciliation Service AR Full w-pos pay-checks paid 579 .070 40.53 AR Postage 2 5.00 10.00 AR Data trans outDut 2 10.00 20.00 AR Maint positive pay 2 5.00 10.00 23 CITY OF LA PORTE TEXAS QUOTATION FORM TO BE COMPLETED BY THE FINANCIAL INSTITUTION General ACH Services ACH Direct Send monthly Maint 2 10.00 20.00 ACH Transmissions 6 6.00 36.00 ACH Debit Originated 948 .08 75.84 ACH Credit Originated 1 ,430 .08 114.40 ACH Addendum Originated 42 .03 1.26 . ACH Return or reject dr entrv 13 2.0 26.00 ACH Return or reject cr entrv 2 2.0 4.00 Information Services BK Transfer - Non Rep 2 3.0 6.00 Balance Transaction Acet 2 10.00 20.00 Previous Day Transactions 867 .10 86.70 Payroll Card Services PRC-Card Database Maintenance 29 2.50 72.50 Safekeeping Safekeepi ng-Maint -FR B 2 3.00 6.00 Supplies Locking Deposit Bags At cost Three-part Carbon less Deposit Tickets At cost Pricing for additional services and products - can be found on our pricing Proforma under Section I-A. ITEM (B) EARNINGS CREDIT RATE The Earnings Credit Rate on available account balances for the most recent month: .050 % basis. This rate is based on the prevailing rate tied to the 91 day T -Bill. ITEM (C) SAFEKEEPING CHARGES 24 Provide the estimated annual cost charged to the City of La Porte, if any, for safekeeping by an independent bank for Security Pledged Maint-FRB - 3.00 per receipt. Amegy's Safekeeping Fee Schedule for all custody/safekeeping charges are attached. CITY OF LA PORTE TEXAS QUOTATION FORM TO BE COMPLETED BY THE FINANCIAL INSTITUTION ITEM (D) DIRECT DEPOSIT Please describe below the procedures and costs, if any, for the provision of Direct Deposit to City employees. Direct Deposit of Payroll Service automatically deposits your employees' checks into their bank accounts. Use Direct Deposit to effectively and efficiently deposit your employees' payroll checks on time, no matter where they bank. We support various types of input methods to maximize the advantages to your company: Third-Party Vendor-We accept file input from third-party payroll vendors that are familiar with our processing procedures. Internet File Delivery- Access the ACH payment system over the Internet-a convenient and easy way to send us your payroll. Our Corporate Internet Banking ACH service provides easy-to-use payroll forms that allow you to input employee information once and then access that information each payroll period. Or you can import payroll information into templates to save re-keying information already in your payroll system. If your payroll system creates an ACH-formatted file, you can transmit this file in a secure mode over the I ntemet. ITEM (E) DIRECT DRAFT Please describe the procedures and cost, if any, for providing Direct Draft to citizens for payment of utility bills. Automated Clearing House (ACH) Origination allows you to initiate electronic transactions through the ACH Network. ACH Origination can debit (you retrieve money) or credit (you send money) accounts at other institutions through the National Automated Clearing House Association (NACHA). Payment instructions are sent in an industry-standard NACHA format, generated either through your own system, a payroll vendor or third-party processor, or the ACH module of our Corporate Internet Banking Service. You can schedule collections for regularly occurring receivables. 25 CITY OF LA PORTE TEXAS QUOTATION FORM TO BE COMPLETED BY THE FINANCIAL INSTITUTION ITEM (F) OVERDRAFT PROTECTION Days of overdraft condition allowed three (3). Interest rate per annum prime+5%. Maximum amount allowed $500.000 ITEM (H) POSITIVE PAY Please state your current ability as it relates to services you would be able to provide the City in the area of positive pay. Amegy Bank offers Positive Pay Advantage with Payee Match. Simply send a check file every time checks are issued; or manually enter issued checks into Positive Pay Advantage. Amegy Bank then matches the issued file against checks presented for payment. Before a decision to reject or pay the exception users can log in to the online system to view front and back images of the checks presented. The system includes an Administration Module. The module allows businesses to retain control and grant permissions to users, manage accounts, reinstate passwords and audit activity. Lastly, Amegy Bank reconciles all accounts utilizing Positive Pay and provides data about the checks. ITEM (I) ONLINE BANKING Please state your current ability and future plans as it relates to services you would be able to provide the City in the area of online banking. 26 Amegy Bank's electronic banking system, AmegyConnect, allows users to access the City's Energy's financial data, banking information, payment solutions, and specialized reports. AmegyConnect is a secure, 24/7 accessible web based application that is built to fit the City's needs. AmegyConnect has a Client Self Administration module. Administrators have the ability to add new users, assign users access and security privileges, change user permissions or remove users without having to send anything to the bank. Summary level Same Day and Previous Day information is available by 8:00 am CST to view. The ability to view detailinformation about items is available. Additional details on transactions such as ACH and Wire Transfers can also be viewed. Previous Day information is available to view for 180 days, while Same Day detail is retained for 90 days. Users can view loan information such as rate, amount, and maturity date. CITY OF LA PORTE TEXAS QUOTATION FORM TO BE COMPLETED BY THE FINANCIAL INSTITUTION ITEM (J) CREDIT CARD MERCHANT SERVICE PROVIDER Please state your current ability and future plans as it relates to services you would be able to provide the City in the area of Credit Card Merchant Services Provider. Amegy Bank is able to offer customers both credit and debit card processing through our third-party vendor, Transfirst. In 2009 $29 billion was processed. On average $115 million per business day is processed. Amegy offers a secure payment gateway for payments made by phone, online, or in person through our Anytime Payments service. We provide easy, online access to a comprehensive selection of reports 24 hours a day, seven days a week through TransLink™. TransLink reports include transaction and batch history, merchant monthly statements, chargeback and adjustment history, ACH history, authorizations, specific card number activity, and are available 24 hours a day. In addition, a demo is available on TransFirst's website at www.transfirst.com or click on the following link: htt ps://www.transfirst.com/T ransLi n k Demo/MerchantDemo/1 ndex. html. · TransLink benefits: · 24/7 instant access · Monitor payment activity · Track sales trends · Pull previous statements, authorization records and much more · Eliminate endless searches through stacks of receipts and boxes of files · Multi-user access TransLink reports provide you: · Transaction History by: o Date o Cardholder Number o Transaction Number \ 0 Transaction Amount 27 o Batch Amount o Authorizations II Statements II ACH History · Chargebacks Transaction information is available by merchant identification number. ITEM (K) LOCKBOX SERVICES Please state your current ability and future plans as it relates to services you would be able to provide the City in the area of Lockbox Services. Amegy Bank offers Wholesale and Retail Lockbox Services. Our lockbox service operates seven days a week, including holidays, and accommodates peak volumes and postal sorts. Mail pickups begin Sundays at 6:30 pm and include seven postal pickups per day, Monday through Friday, with four receipts on Saturday. The Amegy Bank Retail and Wholesale Lockbox solution allows customers to maximize profitability by expediting receivables for collection and posting. Retail Lockbox is ideal for high volume/ low dollar payments. Wholesale Lockbox is ideal for low volume/ high dollar payments CITY OF LA PORTE TEXAS QUOTATION FORM TO BE COMPLETED BY THE FINANCIAL INSTITUTION ITEM (L) ELECTRONIC CHECKS Please state your current ability and future plans as it relates to selvices you would be able to provide the city in the area of Electronic Checks. Amegy Bank offers a remote deposit solution called Anytime Deposits. The product enables users to scan paper checks from their office and transmit the image via secure internet connection for processing. Process is as follows: 28 Day 1: Client receives and deposits check through Anytime Deposit Scanner. An electronic image of the check is sent to Amegy Bank of Texas back office. Amegy Bank then transmits the image of the check through Image Cash Letter (ICL) or to a print site located close to the Federal Reserve District. The check image is printed on secure watermark paper. The printed image is called a Substitute Check or IRD. Day 2: IRD is presented and drawn on bank. The customer's original deposit becomes available for use. Cut off time for Same Day ledger credit: 9:00 pm CST on business days. 29 CITY OF LA POHTE: INDEMNITY HOL.D HAHIVILI:SS AGREEIVIENT To tho fullest extel)t permitted by law, ~)OIvh;o Provldol', lis successors, assl~Jns and guarantors, shall pay, defend, Indemnify and hold harmless the City of La Porto, its agents, representatives, oHlcers, directors, officials and employees from and agaInst all allegallons, demands, proceedings, sulls, aotlons, claims, Ineludino claims of patent or copyright Infringement, damages, losses, expenses, including but not limited to, attorney's fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising from or Ollt of or resulting (rom any 1l0Ull{lOllt acllons, acts, errors, mistakes or omissions caused in whole or part by Bnrvll;O Providor relating to worl<, services and/or products provided in the performance of this Contract, incltlding but not IImlled to, any Subcontractor or anyone directly or fndlreclly employed by or working as an Independent contractor for norv!l;o Provider or said Subcontractors or anyone for whose acts any of them may be liable and any injury or damages claimed by any of ~)orvlco Pr()vidrll"~~ and Subcontractor's employees or independent contractors. The SorviGo Prov!clor expressly understands and agrees that any Insurance policies required by this contract, or otherwise provided by the Smvlco Providol', shall In no way limit the responsibility to Indemnify, keep and save harmless and defend the City of La Ports, Its Council members, officers, agents and employees and hereIn provided. I ,/) 1/ \ . 'l j-;;I.'.J ('( { (. ,\/1', Contractor ')(.'.,;... ,",... (("{ (, . ,-">.'~' I ( ( i Date \ J ' I '....11', i)\ .,,\..\'i K t,' ( I ( Printed Name 15, ,'4 N/' .J ( /' Signature CITY Ol~ LA P01~rE AMENDMENT fJ1 SEALED RFP 1t10500.. BANI<ING SERVICES August 23, 2010 DEAR VENDOR Please note the changes to Sealed RFP #10508 ~ Banking Services. All dates remain the same. For clarification, the city elected to use the standard form of bid documenls, the word "contractor" has been changed to service provider and the word "negligent" Iws been added. (see revised form) Include this document as parI of your relurned bid. If you have any questions, please call Purchasing al 201-470-5126. Thank YOll for youI' cooperation In lhls maUer. YOprs truly, <"~tlJ."i\~ 1~ atk iM,~y'\_/ Jeana Masterson Buyer L<ic.knQwle..dge the receipt of Amendment #1. C------c.-,,:~~--;:~~~;!~i~? c 'c.- 'c-.;// Signature Rinehart, Phyllis From: Sent: To: Subject: Masterson, Jeana Thursday, August 26.20102:19 PM Rinehart, Phyllis FW: RFP #10508 - Banking Services From: Bonnie Reed [mallto:Annis.Reed@amegybank.com] Sent: Thursday, August 26, 2010 2: 12 PM To: Masterson, Jeana Subject: RE: RFP #10508 - Banking Services Jeana, My apology is extended - it is .50%. Thank you for bringing it to my attention. Do you need me to resubmit that page with the correction? Enjoy the rest of your day. From: Masterson, Jeana [mailto:MastersonJ@laportetx.gov] Sent: Thursday, August 26, 2010 11:49 AM To: Bonnie Reed Subject: RFP #10508 - Banking Services Bonnie, will you please verify the following submitted information on the returned proposal from Amegy: Earnings Credit Rate available account balances for the most recent month: .050% basis. This is on Tab I page 24. Thank you. J ('..<;V/l.W lvIa1.i""0YjoY\l 13v."yer City o{Lev]Jovtv/ 281 JI-l0-5121[. 281 -Lf70.5121 (FWlJ "Messaging Security" made the following annotations on 08/26/10, 13:12:37 CONFIDENTIALITY NOTICE: The information contained in this ELECTRONIC MAIL transmission is confidential. It may also be privileged work product or proprietary information. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient/ please inform us. Any unauthorized/ disclosure, dissemination, distribution [other than to the addressee(s)]/ copying or taking of any action because of this information is strictly prohibited. As we cannot guarantee the genuineness or completeness of the information contained in this message, the content set forth herein are not legally binding. IRS Circular 230 Disclosure: Amegy Bank N.A. and its affiliates do not provide tax advice. Accordingly, any discussion of U.S. federal tax matters contained herein (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter[s]. 2 CITY OF LA PORTE TEXAS QUOTATION FORM TO BE COMPLETED BY THE FINANCIAL INSTITUTION General ACH Services ACH Direct Send monthly Maint 2 10.00 20.00 ACH Transmissions 6 6.00 36.00 ACH Debit OriQinated 948 .08 75.84 ACH Credit Originated 1,430 .08 114.40 ACH Addendum OriQinated 42 .03 1.26 ACH Return or reject dr entry 13 2.00 26.00 ACH Return or reject cr entry 2 2.00 4.00 -- Information Services BK Transfer - Non Rep 2 3.00 6.00 Balance Transaction Acct 2 10.00 20.00 -- Previous Dav Transactions 867 .10 86.70 Payroll Card Services PRC-Card Database Maintenance 29 2.50 72.50 Safekeeping SafekeepinQ-Maint-FRB 2 3.00 6.00 Supplies LockinQ Deposit Bags At cost Three-part Carbon less Deposit Tickets At cost Pricing for additional services and products - can be found on our pricing Proforma under Section I-A. ITEM (B) EARNINGS CREDIT RATE The Earnings Credit Rate on available account balances for the most recent month: .50 % basis. This rate is based on the prevailing rate tied to the 91 day T-Bill. ITEM (C) SAFEKEEPING CHARGES Rinehart, Phyllis From: Sent: To: Subject: Masterson, Jeana Tuesday, August 31,20108:18 AM Rinehart, Phyllis FW: Amegy Bank RFP From: Bonnie Reed [mailto:Annis.Reed@amegybank.com] Sent: Monday, August 3D, 2010 8:02 PM To: Masterson, Jeana Subject: RE: Amegy Bank RFP Jeana, Our apology is extended - please see our responses below in blue. From: Masterson, Jeana [mailto:MastersonJ@laportetx.gov] Sent: Monday, August 3D, 2010 3:52 PM To: Bonnie Reed Subject: FW: Amegy Bank RFP Please provide the following information that were not addressed specifically in the RFP. On page 14, Section II, B. approved collateral is not addressed - Agree. We do have and will continue to have collateral that is identifiable in meeting the requirement of Texas law for public depositories to cover 102% at all times. Our collateral is in the form of Letters of Credit held by FHLB. On page 14, Section II, C. adequate size to provide services is not addressed - Agreed. Amegy Bank has the adequate organization structure, facilities, personnel to provide prompt and efficient service to the City - as we have done so in the past 5 years. On pages 14 & 15, Section III, 1, 2, 3 & 4 were not addressed - Agree to all statements being made as to how the City currently operates their business. 1 On page 15, Section III, A, 1 not addressed - Agree. On page 17, Section Ill, B, 1 not addressed - Agree. "Messaging Security" made the following annotations on 08/30/10, 19:02:50 -------------------------------------------------------------------------- CONFIDENTIALITY NOTICE: The information contained in this ELECTRONIC MAIL transmission is confidential. It may also be privileged work product or proprietary information. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, please inform us. Any unauthor~zed, disclosure, dissemination, distribution [other than to the. addressee(s)), copying or taking of any action because of this information is strictly prohibited. As we cannot guarantee the genuineness or completeness of the information contained in this message, the content set forth herein are not legally binding. IRS Circular 230 Disclosure: Amegy Bank N.A. and its affiliates do not provide tax advice. Accordingly, any discussion of U.S. federal tax matters contained herein (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter[s}. 2 ::.:: 0 0 LO LO 0 0 0 CD CD ~ ~ ~ ~ ~ z N N ~ ~ ~ N N <( III ..... W en <( :I: (J 0 C> 0 0 0 0 W > ra - ::I ra .... 0 .... (J - ra - ::I ra .... 0 .... III - ra- ::I ra .... 0 .... <( .0 .0 .0 C'i -- en<( ..... ...Jill 0:: ...JO ~ We> ::It:: <( ~ LL 0 0 0 0 0 0 CI) W > ra - ::I ra .... 0 .... (J - 0 0 0 0 tlj W > ra - ::I ra .... 0 .... III .-r ~ .-r .-r .-r .-r ----- 0 0 0 0 0 C> :r: W > ra - ::I ra .... 0 .... <( .0 .0 .0 .-r .0 C') ~ ::.:: 0 0 LO LO LO LO 0 Z CD ~ ~ N ~ N 0 0:: <( N N ~ N ~ N M ~ III ..... >- e> ~ W ::i: 0 <( i=: 0 0 0 0 0 0 W > ra - ::I ra .... 0 .... (J - ra - ::I ra .... 0 .... III .-r .-r .-r .0 C'i .0 ~ 0 0 0 0 0 0 W > ra - ::I ra .... 0 .... <( .0 .0 .0 .0 C'i .0 LIJ I *- ~ ~ ~ ~ ~ C 0 0 0 0 0 CO 0 0 LO LO LO LO CIl N N ~ ~ ~ ~ C) <) It) t C) a. "'" =It Ul CIl ~ 0 11. <) en 0 LL '" 11. 0:: E OJ S LL ..... .8 c: 0 u:: In 0:: - c ..... - - 0 0 C ~ - .2 CI) - 0 c t5 (!) .2 Q) ::I t5 (f) 0- ~ Q) .~ Q) (f) ;; 52 .~ s c 0 0 ~ S Q) '" o::c 0 '" E .!!! Q) '" ,m CO t I '" ra .... I '" '" 1:l l5 ra Q) ~ '" u 'S c '2: 0- 0 Q) ~ ~ '" U 1:l ro c ~ ~ .8 0 ro 'S ~ ::J 0- '" 0- Q) U ~ '" .r:: 0 ;; Q) c '" 0, -' .~ 1:l 0 Q) c '0 c. '5 '" u ~ Q) 'Q) '2: Ig 0 ~ U5 u 10. Q) c ra II (f) ro Q) .S! .8 ..... 'u 'c c. ~ 0 Q) E ~I c > ra c 0 15 c 0 U <{ ~I u:: u ~ N .-rl .0 <D Bidder's List Sealed RFP #10508 Banking Services Chase Bank 707 Travis, 9th FI. North(TX2-N026) Houston, TX 77002 Amegy Bank 1401 Fairmont Pkwy La Porte, TX 77571 Wells Fargo 14200 Gulf Freeway, 1st Floor Houston, TX 77034 Frost Bank 1200 Smith St Suite 1025 Houston, TX 77002 Amegy Bank 4400 Post Oak Pkwy Houston, TX 77027 Bank of America 700 Louisiana St Houston, TX 77002-2700 Source Management 509 Olivia Way Onvia, WA 98101 Bayshore Sun Published Dates: July 23, 2010 August 4, 2010 Mastercard Worldwide 1401 I Street, NW Suite 210 Washington, DC 20005 Computer Loan Company PO Box 11008 Tampa, FL 33680 BBV A Com pass 24 Greenway Plaza Suite 1601 Houston, TX 77046 Wells Fargo Bank, N.A. 98 San Jacinto Blvd, Ste #850 Austin, TX 78701 Metavante 1 Burton Hills Blvd., Suite 300 Nashville, TN 37215 Stanton Associates 91 Beal Rd Bedford, NH 03110 SPI 901 S Mopac Expressway Austin, TX 78749