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1c. Banking Requests for Proposals0 -1 c, CITY OF Fax: 952.227.1190 CUMNSEN MEMORANDUM 7700 Market Boulevard TO: Mayor and City Council PO Box 147 Chanhassen, MN 55317 FROM: Greg Sticha, Finance Director Finance so that was not an issue or reason for changing banks. Phone: 952.227.1140 Administration DATE: May 29, 2012 Phone: 952.227.1100 submitted proposals; however, US Bank submitted a second proposal using the Phone: 952.227.1120 Fax: 952.227.1110 SUBJ: Bank Requests for Proposals (RFPs) Building Inspections Phone: 952.227.1180 BACKGROUND Fax: 952.227.1190 Engineering Every three years, the city accepts RFPs for its banking services contract. For the Phone: 952.227.1160 past three years, the city has been under contract with M &I Bank (now Fax: 952.227.1170 BMO /Harris Bank). During the three years prior to that, the city was with Americana Community Bank. Both banks provided very good customer service Finance so that was not an issue or reason for changing banks. Phone: 952.227.1140 Fax: 952.227.1110 The RFPs were sent out in February and were reviewed in late April. Five banks Park & Recreation submitted proposals; however, US Bank submitted a second proposal using the Phone: 952.227.1120 4M fund as the administrating partner for the checking services. The five banks Fax: 952.227.1110 that submitted proposals were Americana, M &I, K1einBank, Wells Fargo and US Bank. A summary of their proposals is included on the attached spreadsheet. Recreation Center 2310 Coulter Boulevard The six proposals were evaluated on the following criteria: Phone: 952.227.1400 Fax: 952.227.1404 1. Interest rate earned Planning & 2. Fees Natural Resources 3. Cutoff time for deposits Phone: 952.227.1130 4. Collateral requirements met Fax: 952.227.1110 5. Online customer service needs met 6. Health of the Bank Public Works 7. Customer service practices 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 All six proposals were evaluated assuming a million dollar daily balance for comparative purposes. The evaluation results can be found on the attached Senior Center spreadsheet. Phone: 952.227.1125 Fax: 952.227.1110 STAFF RECOMMENDATION Web Site www.ci.chanhassen.mn.us Based on the evaluation of the selected criteria, staff is recommending the city contract for banking services from July 1, 2012 through June 30, 2015 with Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mayor & City Council May 29, 2012 Page 2 Americana Community Bank. By switching banks, the city will save approximately $10,000+ per year in fees /interest earnings. In addition, the city was well - served by Americana when they had the contract from 2006 -2009. In all other criteria, Americana met the requirements requested in the Banking Services RFP. It is not staff's preference to change banks every time a new RFP is issued for banking services; however, the $10,000 per year savings outweighs the minimal costs (less than $400 of onetime costs) of having to transition banking services. ATTACHMENTS 1. RFP Banking Service Analysis Spreadsheet 2. Contract for Banking Services with Americana Community Bank, July 1, 2012 — June 30, 2015 f\gregs \rfp's\2012 bank rfp's \bank rfp council work session 5- 29- 12.docx City of Chanhassen RFP Banking Services Grade Sheet Bank Int. Rate On Acct Annual Int Earned Based on $1 Million Bal Annual Fees on Acct Deposit Cut -Off Collateral Requirements Bank Health Cust Service Online Service Americana Community Bank 0.35% 3,500 2,300 5:00 M M M M Klein Bank 0.20% 2,000 6,500 6:00 M M M M US Bank 0.40% 4,000 4,700 6:00 M M M M US Bank - 4M 0.02% 200 1,700 6:00 M M M M Wells Faro 0.20% 2,000 11,600 6:00 M M M M M &I 0.20% 2,000 11,700 5:00 M M M M Customer service grade and online services grade based on site visit and /or current relationship M = Meets expectations B = Below expectations BANKING SERVICES AGREEMENT AGREEMENT made this of , 2012, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and Americana Community Bank, a State of Minnesota chartered bank ( "Bank "). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The Contract consists of the following documents. In the event of conflict among the documents, the conflict shall be resolved by the order in which they are listed with the document listed first having the first priority and the document listed last having the last priority: 1) this Banking Agreement, 2) Bank Banking Service RFP Response dated April 20, 2012, and 3) any supplemental agreement the parties may enter into. 2. SCOPE OF SERVICES. The City retains Bank to provide services as set forth in the Contract Documents. 3. TERM. The term of this Agreement is three years commencing on July 1, 2012 and ending on June 30, 2015, unless sooner terminated as provided for herein. 4. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by Bank in conjunction with this contract. 5. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Bank shall abide by all laws, statutes, ordinances, rules and regulations pertaining to the provisions of the services to be provided. 6. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party except in the case of a merger, exchange, sale of substantially all of the assets of a party, or other similar transaction in which the successor entity agrees to be bound by all of the terms of the Agreement. 7. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 8. ENTIRE AGREEMENT. The entire Agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 9. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any actions arising out of this Agreement shall be venued in the Carver County District Court, State of Minnesota. 10.MINNESOTA GOVERNMENT DATA PRACTICES ACT. Bank must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Bank pursuant to this Agreement. Bank is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statues Section 13.08, as if it were a government entity. In the event Bank receives a request to release data, Bank must immediately notify the City. The City will give Bank instructions concerning the release of the data to the requesting party before the data is released. The City agrees to indemnify, defend and hold the Bank harmless from any claims arising against the Bank if the Bank follows the instructions provided by the City regarding release of data. Bank agrees to defend, indemnify, and hold the City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Bank's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and /or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement for information released which became known under the terms of this Agreement. 11.FEES. Any fees for additional services not addressed in the RFP which are added at a future date, will be negotiated by the Bank and the, City prior to delivery of such services. 12.TERMINATION OF THE AGREMEENT. The City may terminate this Agreement (or any part thereof), at any time, upon written notice to Bank, effective upon delivery (including delivery by facsimile or electronic mail). In such event, Bank will be entitled to compensation for services performed up to the date of termination, based upon the payment terms of this Agreement. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor Dated: BY: Todd Gerhardt, City Manager Dated: AMERICANA COMMUNITY BANK BY: Adam Dittrich, President & CEO Dated: