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09-E City Depository - Award Bid DRAFT fattomeylreswork\current\City Depository Res 2007 January 3, 2007 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID FOR CITY DEPOSITORY FOR THE PERIOD BEGINNING MARCH 1, 2007 AND ENDING FEBRUARY 28, 2009; AUTHORIZING THE EXECUTION OF A CONTRACT UPON THE TERMS AND CONDITIONS SET OUT IN THE INSTITUTION'S BID; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Paris, Texas, did heretofore advertise for bids in accordance with the laws of the State of Texas and the Charter of the City of Paris for a City Depository for the period beginning March 1,2007, and ending February 28, 2009, which bids were received until 3:00 o'clock P.M., Tuesday, January 2, 2007; and, WHEREAS, the best bid for City Depository was made by Liberty National Bank in Paris, and it should be awarded the contract for such depository; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the bid of the Liberty National Bank in Paris to act as City Depository for the period beginning March 1, 2007, and ending February 28, 2009, be, and the same is hereby, accepted. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the contract with Liberty National Bank in Paris to act as City Depository for the City of Paris upon the terms and conditions set out in that institution's bid, attached hereto as Exhibit A. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of January, 2007. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk 1-2-2007 MEMO TO: CITY COUNCIL FROM: GENE ANDERSON, FINANCE DIRECTOR SUBJECT: DEPOSITORY BIDS Bids were requested from area banks to serve as the City's depository bank for a two year period beginning March 1, 2007. Attached is the bid list. Bids were received from three banks. Also attached is a bid tabulation of those bids and copies of the bids themselves. In my opinion, the bid from Liberty National Bank is the best bid and should be accepted. EXHIBIT It DEPOSITORY BID COMPARISON January 2007 Certificates of Deposit Under $100,000: Maturity Rate Capital One Guaranty Liberty 7-13 days T-bill yield 10 0 10 basis points 14-29 days T -bill yield 10 0 30 basis points 30-59 days T-bill yield 10 0 40 basis points 60-89 days T-bill yield 10 0 45 basis points 90-179 days T -bill yield 20 0 50 basis points 180-365 days T -bill yield 20 0 55 basis points Certificates of Deposit Over $100,000: Maturity Rate Capital One Guaranty Liberty 7-13 days T -bill yield 10 0 10 basis pOints 14-29 days T -bill yield 10 0 30 basis points 30-59 days T-bill yield 10 0 40 basis points 60-89 days T-bill yield 10 0 45 basis points 90-179 days T -bill yield 20 0 50 basis points 180-365 days T-bill yield 20 0 55 basis points Demand Deposit Rate o -50 12 basis points over 13 week T-bill discount rate Capital One deviated from the bid form regarding the above rates and provided a pricing grid regarding services and supplies provided to the City. Guaranty Bond Bank did not sign their bid form. Requested services and supplies were offered at no charge to the City. Liberty Bank offered the requested services and supplies at no charge to the City. DEPOSITORY BID LIST T eny Christian People's National Bank 35 South Plaza Paris, Texas 75460 tchristian(cV,p bparis. com Tim Alexander Bank of America 1161 Clarksville Street Paris, Texas 75460 Tim. alexander(cV,bankofamerica. com Ken Dority Guaranty Bond Ban1e 3250 Lamar Avenue Paris, Texas 75460 kdoritv(cV,gntv.com Richard Amis First Federal Community Bank 630 Clarksville Street Paris, Texas 75460 damis@lst-Fed.com Phillip Cecil Liberty National Ban1e 305 Lamar Avenue Paris, Texas 75460 pcecil@lnbparis.com Rodney Bass Capital One Bank 104 Bonham Street Paris, Texas 75460 Rodney. bass@capitalonebank:.com Michael Rhodes Lamar National Bank 200 S. Collegiate Drive Paris, Texas 75460 Rhodes(Q)lamarnati anal. com NOTICE TO BANKING INSTITUTIONS WITHIN THE CITY OF PARIS Notice is hereby given that Governing Body of the City of Paris, subject to the provision of Chapters 105 and 131 of the Texas Local Government Code, will receive bids and applications from all interested banking institutions within the City of Paris to serve as prime depository of the City of Paris and maintain custody of the funds of the City for a period of two years from March 1,2007 through February 28,2009. Any such application shall be delivered to the office of the City Manager located in City Hall prior to 3:00 P. M., Tuesday January 2,2007. It is required that each bank bid by filling in all blanks and agreeing to the following specifications: Bad\: _vill pay to City interest on time deposits in accordance with the following schedule: CERTIFICATES OF DEPOSIT UNDER $100,000 MA TURITY RATE 7-13 days 14-29 days 30-59 days 60-89 days 90-179 days 180-365 days T-bill plus or ~ ~ basis points T-bill plus or~s ~ basis points T-bill plus or~ ~ basis points T -bill plus or ~ ~ basis points T-bill plus or~ ~ basis points T -bill plus or min:'ls- ~ basis points CERTIFICATES OF DEPOSIT OVER $100,000 7-13 days 14-29 days 30-59 clays 60-89 days 90-179 days 1 80- 365 days T-bill plus or~ ~ basis points T-bill plus or minJlf: ~ basis points T -bill plus or ~ ~ basis points T-bill plus or ~ ~ basis points T-bill plus or 1lJ.inuEJ ~ basis points T-bill plus or ~ ~ basis points All investment services offered to other bank customers will be available to the City. The City will accept bids only on the basis herein after described. Certificate rates bid must be tied to the Treasury Bill rate effective at the time the certificate is to be purchased. The Bill rate to be used will be the quoted yield in the Wall Street Journal for Treasury Bills most closely approximating the maturity of the Certificate of Deposit to be purchased. Certificate of Deposit rates should be quoted either plus or minus a given number of basis points from the T-bill yield. The Wall Street Journal to be used yvill be the paper dated the same day the certificate is purchased. CHARGES List any service charges that will be levied against the City: NO CHARGES In addition to tIll": llnrmal1 Qprvie.f':S ~nrl "llnnlies fllI"nisIle>rl h)1 the> de>pos1ton1 hal-IT tl,,,, 1"011,.."";",,. - -- --~......-.... .....-..... ...-- -............... ..J......t-'l""....... ........... ........... .........'-'" V ~.L.L"'-' ~ .l. J.J U .il'\.., l-.1..l.v J.. .LV YY.1115 services are standard and common to most depository contracts. They are to be furnished to the City at no charge: deposit slips one large safe deposit box com wrappers night depository service including bags and keys traveler=s and cashier=s checks daily balance on each account money orders stop payment orders . . WIre serVIces checking and savings accounts all bank accounts will be interest bearing accounts on line banking checking and savings accounts overdraft protection Bidders are requested to submit any further concessions or services in the space provided below which they may want to offer to the City of Paris and make any comment as further consideration in selecting the City=s depository. Bank will pay interest on City's Consolidated Cash Account at a rate equivalent to the discount rate for I3-week Treasury bills plus 12 basis points. The rate will be changed each calendar quarter and calculated using the most recent Treasury Bill auction. Using the Treasury Bill auction of December 26. 2006. a rate of 5.00% would result. Upon notification to Bank. City w?uld have the option to bring other City transaction accounts under a rate plan paying the discount rate for I3-week Treasury bills. Using the Treasury Bill auction of December 26. 2006. a rate of 4.88% would result. Bank will originate City's ACH payments. both debits and credits without charge. Bank will furnish to City without charge at the end of each year CD's containing a summary of each transaction account activity. All monies which are deposited into the depository under the provisions of this proposal shall be continuously secured, in accordance with the laws of the State of Texas applicable thereto, by a valid pledge of par, exclusive of accrued interest, at all times at least equal to 102% of the amount of money on deposit in said several funds on deposit in the depository. All time deposits or certificates of deposits which have not elapsed on the termination date of the finally approved depository contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said contract until the date such time deposits have elapsed. Funds from Bond sales may be deposited in the City depository or placed in outside investments. The City of Paris reserves the right to accept or rej ect any or all bids, to waive formalities, and to accept the bid the City considers the most advantageous. The City also reserves the right to place or invest part or all of its surplus or excess funds outside the designated depository, in any manner permitted by lmv, from time to time throughout the term of the contract. The undersigned bank official represents that he is authorized by the Barlie's Board of Directors to sign this document and legally obligate the Bank to the terms stated in this agreement. Liberty National Bank in Paris BY: /C. ~ Cecil TITL : Chairman of the Board Di'. TE: December 29. 2006 MATURITY RATE NOTICE TO BANKING INSTITUTIONS WITHIN THE CITY OF PARIS Notice is hereby given that Governing Body of the City of Paris, subject to the provision of Chapters 105 and 131 ofthe Texas Local Government Code, will receive bids and applications from all interested banking institutions within the City of Paris to serve as prime depository of the City of Paris and maintain custody of the funds of the City for a period of two years from March 1,2007 through February 28,2009. Any such application shall be delivered to the office ofthe City Manager located in City Hall prior to 3:00 P. M., Tuesday January 2,2007. It is required that each bank bid by filling in all blanks and agreeing to the following specifications: Bank will pay to City interest on time deposits in accordance with the following schedule: CERTIFICATES OF DEPOSIT UNDER $100,000 7-13 days 14-29 days 30-59 days 60-89 days 90-179 days 180-365 days T -bill plus or minus ~ basis points T-bill plus or minus ~ basis points T -bill plus or minus ~ basis points T -bill plus or minus ~ basis points T -bill plus or minus ~ basis points T-bill plus or minus ~ basis points CERTIFICATES OF DEPOSIT OVER $100,000 7-13 days 14-29 days 30-59 days 60-89 days 90-179 days 180-365 days T -bill plus or minus ~ basis points T -bill plus or minus 0 basis points T -bill plus or minus ~ basis points T -bill plus or minus ~ basis points T -bill plus or minus ~ basis points T -bill plus or minus ~ basis points All investment services offered to other bank customers will be available to the City. The City will accept bids only on the basis herein after described. Certificate rates bid must be tied to the Treasury Bill rate effective at the time the certificate is to be purchased. The Bill rate to be used will be the quoted yield in the Wall Street Journal for Treasury Bills most closely approximating the maturity of the Certificate of Deposit to be purchased. Certificate of Deposit rates should be quoted either plus or minus a given number of basis points from the T-bill yield. The Wall Street Journal to be used will be the paper dated the same day the certificate is purchased. CHARGES List any service charges that will be levied against the City: None In addition to the normal services and supplies furnished by the depository bank, the following services are standard and common to most depository contracts. They are to be furnished to the City at no charge: deposit slips one large safe deposit box com wrappers night depository service including bags and keys traveler's and cashier's checks daily balance on each account mon~y orders stop payment orders . . Wire services checking and savings accounts all bank accounts will be interest bearing accounts on line banking checking and savings accounts overdraft protection Origination of ACH payments, both debits and credits Bidders are requested to submit any further concessions or services in the space provided below which they may want to offer to the City of Paris and make any comment as further consideration in selecting the City's depository. All of the City's DDA (transaction accounts) will be classified as NOW accounts bearing interest at the rate equivalent to the discount rate for the I3-week Treasury Bill minus 50 basis points, adjusted weekly. Using the most recent I3-week Treasury Bill, the current interest rate on this account would be 4.38%. All monies which are deposited into the depository under the provisions of this proposal shall be continuously secured, in accordance with the laws ofthe State of Texas applicable thereto, by a valid pledge of par, exclusive of accrued interest, at all times at least equal to l02% of the amount of money on deposit in said several funds on deposit in the depository. All time deposits or certificates of deposits which have not elapsed on the termination date of the finally approved depository contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said contract until the date such time deposits have elapsed. Funds from Bond sales may be deposited in the City depository or placed in outside investments. The City of Paris reserves the right to accept or reject any or all bids, to waive formalities, and to accept the bid the City considers the most advantageous. The City also reserves the right to place or invest part or all of its surplus or excess funds outside the designated depository, in any manner permitted by law, from time to time throughout the term ofthe contract. The undersigned bank official represents that he is authorized by the Bank's Board of Directors to sign this document and legally obligate the Bank to the terms stated in this agreement. NAME OF BANK Guaranty Bond Bank - Paris BY: Tanis Hager TITLE: President DATE: 1/2/07 . . . " " .. . " " .. " " . " " " " " " " " " " - " . .. . . . t t t t . . . . . . . . . NOTICE TO BANKING INSTITUTIONS WITHIN THE CITY OF PARIS Notice is hereby given that Governing Body of the City of Paris, subject to the provision of Chapters 105 and 131 ofthe Texas Local Government Code, will receive bids and applications from all interested banking institutions within the City of Paris to serve as prime depository of the City of Paris and maintain custody of the funds of the City for a period of two years from March 1,2007 through February 28,2009. Any such application shall be delivered to the office of the City Manager located in City Hall prior to 3:00 P. M., Tuesday January 2,2007. It is required that each bank bid by filling in all blanks and agreeing to the following specifications: Bank will pay to City interest on time deposits in accordance with the following schedule: CERTIFICATES OF DEPOSIT UNDER $100,000 MATURITY RATE 7-13 days T-bill plus or minus _10_ basis points 14-29 days T-bill plus or minus _10_ basis points 30-59 days T -bill plus or minus _10_ basis points 60-89 days T-bill plus or minus _10_ basis points 90-179 days T-bill plus or minus _20~ basis points 180-365 days T-bill plus or minus _20_ basis points T -Bill rate will be the rate closest to maturity without going beyond maturity date CERTIFICATES OF DEPOSIT OVER $100,000 7 -13 days T -bill plus or minus _10_ basis points 14-29 days T-bill plus or minus _10_ basis points 30-59 days T-bill plus or minus _10_ basis points 60-89 days T-bill plus or minus _10_ basis points 90-179 days T -bill plus or minus _20_ basis points 180-365 days T-bill plus or minus _20_ basis points T -Bill rate will be the rate closest to maturity without going beyond maturity date All investment services offered to other bank customers will be available to the City. The City will accept bids only on the basis herein after described. Certificate rates bid must be tied to the Treasury Bill rate effective at the time the certificate is to be purchased. The Bill rate to be used will be the quoted yield in the Wall Street Journal for Treasury Bills most closely approximating the maturity of the Certificate of Deposit to be purchased. Certificate of Deposit rates should be quoted either plus or minus a given number of Capital One Confidential ~ ~ ~ ~ . ~ ~ . I I I I basis points from the T-bill yield. The Wall Street Journal to be used will be the paper dated the same day the certificate is purchased. CHARGES List any service charges that will be levied against the City: Service charges to the City's accounts will be based on the additional services requested. We have attached a variety of services Capital One offers as recommendations to assist the City of Paris. SEE A TT ACHMENT A - Pricing Grid In addition to the normal services and supplies furnished by the depository bank, the following services are standard and cornmon to most depository contracts. They are to be furnished to the City at no charge: deposit slips one large safe deposit box com wrappers night depository service including bags and keys traveler=s and cashier=s checks daily balance on each account money orders stop payment orders . , . WIre servIces checking and savings accounts all bank accounts will be interest bearing accounts on line banking checking and savings accounts overdraft protection SEE A TT ACHMENT A - Pricing Grid Bidders are requested to submit any further concessions or services in the space provided below which they may want to offer to the City of Paris and make any cornment as further consideration in selecting the City=s depository. Capital One offers many additional services not mentioned herein that the City of Paris may find beneficial. Costs can be discussed as necessary. Some of these Capital One Confidential " -- " .. .. .. .. .. .. .. " " .. -- " .. .. " .. ~ -- .. ~ -- ~ -- 1\ .. .. .. - .. - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ additional services are as follow: PUBLIC FUND NOW ACCOUNT -This is just like a checking account but it earns interest. Interest is calculated and compounded daily on the collected balance and is paid monthly. The Public Fund NOW rate we propose for your account is based on Average 3 Month Treasury Bill Discount + 35 bps Adjusted/or Reserves and is subject to change the first day of each month based on the Fed pricing at that time. (As of 12/19/2006, this would be a rate of 4.76%.) Public Fund NOW accounts are collateralized with securities in accordance with the City of Paris' Investment Policy and the State of Texas. SEE ATTACHMENT II-Monthly earnings on combined collected balances TowerNET is Capital One's online system that will allow the City to view accounts, initiate transfers and stop payments. Sign-ons are assigned to individuals designated by the City. A single sign-on and password is assigned to each user and access must be assigned for each area. There are no special software requirements to use TowerNET all you need is Internet Access. Services associated with TowerNET are priced individually so that functions are tailored specifically for the City. We invite you to view a demo at CapitalOne.com SEE EXHIBIT A- TowerNET TowerACH-In order to improve cash flow and efficiencies, ACH debit and credit files may be issued as an alternative to sending & receiving wires. This function will save the cost of a wire and can be initiated through TowerNET. Tower ACH will also allow the City to initiate Direct Deposits for payroll. SEE EXHIBIT B-TowerACH ELECTRONIC DEBIT PROTECTION- This service will help you manage ACH fraud risk, protecting your business from unauthorized ACH debits. Electronic Debit Protection can either block all debits from posting to your accounts or selectively authorize ACH debits only from your pre-approved business partners. The unauthorized items are automatically returned, reducing your exposure to unapproved or fraudulent ACH activity. SEE EXHIBIT C-Electronic Debit Protection POSITIVE PAY-As a part of this service, you will supply Capital One with issue data as checks are issued. You will send this data file via TowerNET. You will also have the ability to load manual check data via TowerNET (checks not included in your issue files). Should a check be presented in one of our branches, but is not indicated on our system as an issued check, we will not cash it. If an item is presented as a result of a deposit at another bank, we will notify you via a Positive Pay exception report on TowerNET. In addition, we have the ability to email your staff when your exception report is available on TowerNET. These emails will Capital One Confidential ~ . . ~ ~ ~ ~ ~ I ~ I I inform your staff if there are any exceptions. You will have between 12:00 Noon and 3:00 PM the day after an item has been presented, to make a payment decision. Online images of the exception checks are provided to assist with the decision- making process. A default decision will be established in case your staff is unable to monitor this report on any given day. This service includes Full Reconciliation reports with an optional output data file which can be downloaded via TowerNET and posted to your payables system. The city currently utilizes these services on some of their accounts. SEE EXHIBIT D-Positive Pay SEE EXHIBIT E-Account Reconciliation CORPORATE CARD - With Capital One's MasterCard Corporate Card your employees will have the convenience and safety of a MasterCard @ credit card program for business purchases and travel, while you have the power to monitor company spending and control cash flow. This will eliminate company cash advances, purchase orders, and check writing. Payments are due 25 business days after cycle, which gives you the ability to take advantage of potential trade discounts without tying up your cash. With Capital One's Corporate Card Connect feature, you can also manage your credit card program online and in real time! Detailed expense reporting plus online, real-time access to account and cardholder information allows you to track activity and monitor spending quickly. You will set individual spending limits and restrict spending in specific categories for each individual's card. In addition, you will have the ability to increase and decrease card limits and disable any card instantly online. In addition to Corporate Card Connect, Capital One offers an on-line sophisticated expense management tool called Smart Data Online (SDOL). SDOL provides 40 different expense management reports that can be scheduled to run at your convenience. SDOL also provides on-line expense reporting capabilities. SEE EXHIBIT F -Corporate Card SEE EXHIBIT G-Smart Data Online REMOTE DEPOSIT - This service will allow the City to scan and truncate checks from your office and electronically transmit deposits to the bank via a file of check images and MICR data. With Remote Deposit, you get the convenience of making deposits from your office up to an extended deposit cut-off time of 5 pm. Checks can be kept at your office as well for an acceptable period of time. SEE EXHIBIT H-Remote Deposit Capital One Confidential It . . . " . . It . . . . . . . . . ~ ~ t ~ . . . . . . ~ ~ l All monies which are deposited into the depository under the provisions of this proposal shall be continuously secured, in accordance with the laws of the State of Texas applicable thereto, by a valid pledge of par, exclusive of accrued interest, at all times at least equal to 102% of the amount of money on deposit in said several funds on deposit in the depository. Noted and accepted. SEE A TT ACHMENT III - Texas Security Agreement SEE A TT ACHMNET IV - Federal Pledgee Agreement SEE ATTACHMENT V - Pledged Security Report (furnished monthly to the city) All time deposits or certificates of deposits which have not elapsed on the termination date of the finally approved depository contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said contract until the date such time deposits have elapsed. Funds from Bond sales may be deposited in the City depository or placed in outside investments. Noted and accepted. The City of Paris reserves the right to accept or reject any or all bids, to waive formalities, and to accept the bid the City considers the most advantageous. The City also reserves the right to place or invest part or all of its surplus or excess funds outside the designated depository, in any manner permitted by law, from time to time throughout the term of the contract. The undersigned bank official represents that he is authorized by the Bank's Board of Directors to sign this document and legally obligate the Bank to the terms stated in this agreement. NAME OF BANK BY: Tan a Lamothe TITLE: DATE: December 20, 2006 Capital One Confidential " " .. .. .. " .. .. It .. .. .. it . . , . . . . .. . I) . . . .. . . ., . , . . . . . . . . . . . Service Charges Monthly account maintenance fee Monthly analysis statement fee Debits posted Credits posted Return items Incoming ACH debit/credit items All items deposited Cash deposited (per $100) Coin furnished (per roll) Currency furnished (per $1000) Outgoing wire transfers Incoming wires TowerNET balance reporting services (daily balance) Stop payments Manual Tower NET Negative Collected Charge FDIC Insurance Deposit Slips One large safe deposit box Coin Wrappers Night depository service including bags and keys Travelers checks Cashiers Checks Money orders Checking & savings accounts Online banking (TowerNET) Overdraft protection ATTACHMENT I $12.00 $8.00 $0.16 $0.35 $4.00 $0.16 $0.10 $0.095 $0.08 $0.50 $15.00 $10.00 $0.00 $15.00 $10.00 $0.00 $.0147 per P + 3.0% $0.00 $0.00. $0.00 $0.00 $0.00 N/A $0.00 $0.00 $0.00 Please note, Capital One does not have an established daylight overdraft policy. If this becomes an issue, we will establish an overdraft line of credit. As a rule, this is not a challenge with Public Fund entities and we will handle as itmes presenting for payment causing an overdraft will be paid at no charge and the City will be notified of the account overdraft. Additional products and services are available upon request. We will review pricing of those items at that time. The costs listed here include items requested and costs associated with products specifically requested. Capital One Confidential