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Bid Title: BANKING SERVICES
Category: RFP
Status: Open
Additional Status Information: https://www.heberut.gov/DocumentCenter/View/794/Heber-Banking-Services-RFP

Description:

HC Logo

REQUEST FOR PROPOSALS

BANKING SERVICES

I.          INTRODUCTION

Heber City (City) is currently seeking proposals from local qualified financial institutions to provide full, integrated banking services to the City.  The City intends to maintain all banking services with one financial institution to maximize cash flow and minimize administrative costs.  As such, banking services proposals must include services for the account system outlined.  Wells Fargo currently provides banking services to the City.  This request is to test the market to assure that the City is receiving the optimum level of service at a competitive price.

The City will make every effort to administer the proposal process in accordance with the terms and dates outlined in this Request for Proposals (RFP).  However, the City reserves the right to modify the activities, timeline or any other aspect of the process at any time and as deemed necessary by City staff.  By requesting proposals, the City is in no way obligated to award a contract or pay the expenses of proposing banks in connection with the preparation of submission of a proposal.  The awarding of a contract shall be contingent on the availability of funds and the requisite staff and City Council approvals.

II.        MANDATORY QUALIFYING CONDITIONS

Proposers must meet the qualifications described in this section in order to submit a proposal.

  1. Intent to Propose:  Financial institutions must submit an email to Mindy Kohler, Heber City Treasurer, to , indicating their intent to propose that includes the contact name(s), phone number(s), and email address of the individual(s) to which RFP Question/Answer detail or possible addenda is to be sent.
  2. Full-service branch within City limits:  The proposing financial institution must be a Federal or State of Utah chartered financial institution.  The financial institution must have a full-service branch located within the city limits of Heber for the full term of the banking contract, or be able to demonstrate how banking services not provided by a local bank would not increase City costs or unnecessarily encumber staff time.  This branch bank must be able to offer the full range of banking services required by this RFP.  Any question as to whether a proposing institution meets this qualifying condition may be submitted in writing to the Heber City Treasurer at prior to submission of a proposal.
  3. Qualified Public Depository:  The proposing financial institution must be a qualified depository for public funds pursuant to the Utah State Money Management Act Section 51-7-11. The financial institution must be a member of the Federal Reserve System and must have access to all Federal Reserve services (e.g., check processing, electronic funds transfer, etc.)  The financial institution must be insured by the Federal Deposit Insurance Corporation (FDIC).
  4. Strength and Stability:  The financial institution selected to perform banking services shall maintain a capital structure equal to or greater than the amount the City has on deposit with them at any time during the term of the agreement.  This calculation shall include both demand deposits and term deposits such as certificates of deposit and savings accounts.  Each proposing institution shall submit with their proposal a copy of their annual financial report for the past three (3) years.  The successful proposer shall, for the duration of this contract, continue to furnish to the City updated issues of their financial report in a timely manner.
  5. Legal Compliance:  By submitting a proposal, the financial institution represents and warrants that it is familiar with local laws and ordinances, and will conform to all local, state, and federal laws, including but not limited to workers’ compensation and all anti-discrimination laws.
  6. Technology:  The financial institution shall have the ability to supply web-based information reporting systems and allow multiple users with different security level access; provide electronic notifications, provide electronic images of cleared checks front and back, direct deposit services, wire transfers, cashier’s checks, electronic funds and automatic clearinghouse transfers.

III.       PROPOSAL PROCEDURES

Proposal Expiration:  Any proposal may be withdrawn up until the date and time set for opening of the proposals.  Any proposal not so timely withdrawn shall constitute an irrevocable offer for a period of 120 days to sell to the City the services described in the attached specifications, or until an award has been made.

Proposal Format:  A proposing financial institution must follow the instructions for preparing the proposal in the prescribed format as outlined in Section VI, Banking Services Proposal Content and Format.  Each question in the RFP shall be repeated with the financial institution’s response following.  Do not include any extraneous or marketing information.  If a service requirement or section of the proposal cannot be met by the proposing institution, then “No Proposal” should be indicated on the bid form and in the relevant section of the proposal.  An alternative equivalent service may be offered.

Completeness of Proposals:  If there are any services not listed on the proposal form for which an institution intends to charge, please list each item separately.  Any services for which a proposing institution intends to charge must be listed along with the price per item on the proposal form.  Any services not listed thereon will be assumed free of charge.  If there is a conflict between any written or numerical amount, the written amount shall supersede.  Proposals lacking required information will not be considered.

Inquiries and Submission of Proposals:  Written questions concerning this RFP and submission of proposals shall be directed to Mindy Kohler, Treasurer, at , no later than 5:00 p.m. Monday, June 24, 2019.  Responses to all questions will be sent electronically no later than 5:00 p.m., Thursday, June 27, 2019.

The Treasurer shall be the only contact for any or all aspects of this RFP.  Proposals must be submitted in a sealed envelope or package clearly marked “Heber City Banking Services” along with the proposing financial institution’s name and address.  The proposing institution shall return five (5) copies of the proposal and other pertinent information (such as annual financial records) no later than 5:00 p.m., Monday, July 15, 2019 to the office of the Treasurer, 75 North Main, Heber, Utah 84032.  Any proposals received after the above time will not be considered timely and will be returned unopened.

Public Information:  All submitted proposals and information included therein or attached thereto will become public record in accordance with government records regulations (“GRAMA”) unless otherwise designated by the applicant pursuant to Utah Code Annotated Section 63G-2-309, as amended.

Right to Reject:  The City reserves the right to reject any or all proposals, to waive any non-material irregularities or informalities in any proposal, and to accept or reject any items or combination of items.

Execution of Agreement:  If a financial institution does not execute an agreement within thirty (30) days after being notified of selection, the City may give notice to the institution of the City’s intent to select the next most qualified proposing institution or call for new proposals, whichever the City deems most appropriate.

IV.       SELECTION PROCESS

Criteria for Selection:  Proposals will be evaluated by a committee of City representatives.  Evaluations will be based on criteria outlined herein, which may be weighted by the City in a manner it deems appropriate.  All proposals will be evaluated using the same criteria and weighting.  Price is not the sole deciding factor, although it is a significant factor.  Criteria for evaluation of proposals include, but are not limited to, the following:

  1. Legal and other qualifications have been met
  2. Proper submission and responsiveness to RFP
  3. Verification that a proposing institution is qualified under Section 51-7-11 of the Utah State Money Management Act as a designated depository
  4. Bank and branch locations in Heber City limits, including number of employees at each location
  5. Experience, resources, and qualifications of the institution and individuals assigned to this account and relevant experience managing similar account relationships with public agency clients
  6. Scope of services offered including internet based services
  7. Financial strength and capacity of proposing institution based upon annual financial reports and other related information
  8. References
  9. Fees
  10. Agreement to the terms of the proposed City’s Professional Services Agreement attached as Exhibit C.
  11. Value of any new product or service suggestions or other new ideas and enhancements.

V.          CONTRACT TERMS        

Contract Period:  The selected institution shall be designated as the City’s depository for an initial three-year term commencing after the execution of the Professional Services Agreement.   At the City’s option, one five-year extension will be permitted with the same terms and conditions of the original contract or as amended, thereby providing for eight (8) years of depository and banking services.  The prices submitted on Exhibit A and Exhibit B will be considered all-inclusive and shall be incorporated into the agreement and be effective through the initial three-year contract.  The prices may be re-negotiated at that time.  The City Finance and Legal Departments must approve additional related contracts, such as Wire Transfer Agreements, as to both form and content.

Professional Services Agreement:  The selected institution is expected to enter into the standard City agreement as per Exhibit C.  Responding institutions are able to propose their own agreement.  The City reserves the right to reject any proposed agreement that does not conform to the specifications contained in this RFP and which is not approved by the City Attorney’s office.


VI.        BANKING SERVICES PROPOSAL CONTENT AND FORMAT

In order for the City to be able to adequately compare and evaluate proposals, all proposals must be submitted in accordance with the format detailed below:

A.    Cover Letter:

Mindy Kohler

Heber City Treasurer

75 North Main

Heber UT 84032

Ms. Kohler,

We have read the City’s RFP for Banking Services and fully understand its intent.  We certify that we have adequate personnel, equipment, and facilities to fulfill the requirement thereto.  We understand that our ability to meet the criteria and provide the required services shall be evaluated solely by Heber City.

We have attached the following:

  1. One (1) copy of our annual financial reports for the past three (3) years
  2. All required information entailed in the RFP

It is understood the above information will be used as evidence of our ability to meet the capital structure requirements necessary to service this account.

It is further understood that all information included in, attached to, or required by the RFP shall become public record upon delivery to the Purchasing Agent.

Submitted by:

                                                                                                           

Financial Institution

                                                                                                           

Authorized Signature/Title

                                                                                                           

Date


B.     Table of Contents:  Table of Contents should follow the RFP format.

C.    Bank Profile:  Please provide the following information:

Bank Overview – General overview of bank, certification of meeting required qualifications to propose as outlined in Section II, customer service philosophy and identification of the primary office or branch that the City will be assigned to and where the City will conduct its banking business.

Experience – Bank’s direct experience in servicing public sector clients.  Please include the number of public agency clients and the dollar amount of public funds on deposit.

Relationship Management – Identify bank officers responsible for the City’s accounts, what each person’s role and responsibilities will be, and the relevant credentials and experience of each person on the relationship management team.  List the physical location of proposed bank officers (i.e., Heber, Salt Lake, etc.).

D.    References:  Please provide five (5) references (preferably public agencies) for whom you have provided banking services similar to those required by the City.  Include for each reference a contact name, title, name of customer, address, telephone number, fax number, e-mail address, and number of years as a customer.

E.      Demand Deposit Accounts:  Heber City currently has two checking accounts.  One is the main City account that is used for all deposits and payables.  The other for the Court, this account is only used for daily court deposits, the balance is transferred to the main City account once per month.  Daily bank balances and activity are obtained online through the internet for these accounts.  Accounts Payable disbursements are currently made by EFTs and computer-generated checks by the Finance Department on a weekly basis.  City employees are paid on a bi-weekly basis through direct deposit.  All City checks require the signatures of two of the following; City Manager, Mayor and Treasurer, done by a facsimile or actual signature.  See Exhibit A for the average banking activity for the months of January and April 2019.   The City does currently electronically scan checks for remote deposit.

This account receives all revenues.  Daily deposits are currently made by various City personnel. Deposits occur during the day or occasionally through night drop. 

Please provide answers to the following:

  1. Please describe the bank’s cash deposit requirements.  How should the coin and currency deposits be bundled?  Is there a fee for depositing loose or rolled coins?
  2. Please provide examples of the reports for account analysis statement and the bank statement.
  3. Please describe in detail the bank’s procedures for handling deposit adjustments. What documentation on discrepancies does the bank provide?  Is the documentation different for cash deposits and check deposits?   What is the minimum adjustment amount?  How soon would support documentation of a deposit discrepancy be provided to the City?
  4. What are the cut-off times for deposits at the bank’s local branch?  If the bank has more than one branch, identify the time and branch(es) where a final daily deposit(s) will be accepted.  Is pricing different for night drop services?  How are deposit adjustment and the related notification and support documentation handled for night drop deposits?
  5. Please describe the bank’s return item handling and notification procedures.  How long does it take returned items to be sent to the City?  Can returned items be automatically re-deposited?  If so, how many times?
  6. Can change orders for $500 or less be made available to City departments without advance notice?
  7. The bank will be required to provide certain transaction confirmations and respond to other requests for data as needed from the City’s auditors.  Will the bank be able to comply with such requests?
  8. How do you determine and calculate availability of deposited items?  Do you give immediate availability for on-us items?  Do you calculate availability by item or formula?  Please provide a copy of the funds availability schedule you propose to use for the City.  Describe one day, two availability and wire requirements.

G. Online Banking: Do the financial institution’s online banking services include, at a minimum, the following capabilities:

  • secure, dual administration (separation of duties) for initiating and approving user access, permissions, wire transfers, ACH transfers, template setups, etc.
  • wire transfers and ACH transfers
  • ability to download electronic bank statements in an electronic file that can be imported to Excel
  • daily detailed account reporting showing beginning and ending ledger balances, collected balances, and available balances. Please provide a sample of prior day and intra-day reports that would be the best example of the system’s capabilities
  • image viewing of deposit tickets
  • image viewing of canceled checks, front and back
  • stop payments
  • funds transfers between accounts, and with PTIF account, and
  • viewing of float information on all deposited items
  • electronic notification of transactions
  • viewing information on refunds, voids or deletions of deposits or receipts
  • information to be available for a minimum of 90 days

H. ACH Debit Services and Direct Deposit of Payroll: The City processes direct deposits of payroll up to three (3) times a month. The payroll files are sent to the bank through the internet for paydays that occur every other Friday.  Other miscellaneous ACH transactions such as retirement fund transfers, sales tax transfers, and federal tax payments flow through the account each month. Please provide answers to the following:

  1. Please describe the bank’s ACH and Direct Deposit on-line banking service.

 

  • What are the different ACH file transmission options available to the City?

  • What are the transmission deadlines for ACH files? When (day and time) does the bank need the file from the City?

  • What are the hours of operation of the ACH unit?

  1. Please detail the bank’s back-up plans for data transmissions.  The City requires immediate notification of any changes or problems and the ability to re-send or delete a file.

  1. What screening measures does the bank use to minimize errors on files sent to you?

  1. How does the bank handle file, batch and item reversals and deletions?

I. Positive Pay/Reverse Positive Pay Services:  Describe the bank’s ability to provide Positive Pay or Reverse Positive Pay services. What type of data transmission can the bank accept? What is the deadline for the transmission of check issuance files to the bank? How much time will the City have to review discrepancies and notify the bank to pay or reject? How is the City notified?

J. Conversion: The City requires a smooth and low-cost transition to a new bank.

  1. Please describe the bank’s plan to implement the proposed services and to ensure a smooth, error-free conversion. Please detail all costs and the responsible party (bank or City) associated with the conversion of all new services.

  1. Indicate your plans for educating and training City employees in the use of your systems(s).

  1. Describe in detail how the bank handles problem resolution, customer service, day-to-day contact, and ongoing maintenance for governmental clients.  Please be specific about exactly whom the City will be calling and working with for the above described situations.

K. Compensation: Compensation shall be provided either in the form of a compensating balance or direct fees basis. The City currently uses the compensating balance basis.  The City shall, at the beginning of the contract period, specify which method of compensation will be used.
  1. What is the bank’s Earnings Credit Rate (ECR) based on, and how is it calculated? List the bank’s actual ECR for the past twenty-four (24) months.  Is the account analysis settlement period monthly?

  1. Please detail exactly what types of items and services can be applied against the City’s account analysis in addition to standard banking services.  Is there a mark-up for any of the items?  If so, how much?

  1. What procedure is used to make any adjustments to account analysis statements and how long does it take adjustments to take effect?  How are adjustments handled if the analysis period has already ended?

L. Data Equipment Compatibility: The City heavily relies on online transactions and wishes to ensure equipment and data compatibility and therefore requests the specifications needed for an automated wire transfer, ACH debit and credit, balance reporting, and any other automated systems be included in this proposal. Any costs associated with automated data and equipment should be identified in Exhibit B if not already listed in Exhibit A.

M. Disaster Recovery:

  1. Describe your institution’s formal disaster recovery plan.

  1. How quickly will back-up facilities be activated?

Exhibits for Banking Services Proposal

The following exhibits must be included with the proposal:

N. Exhibit A:  Please complete and submit the form entitled “Bank Services Bid Form” which is included with the RFP.  This is a list of services the City now uses as well as the average monthly unit counts experienced from January 2019 and April 2019.

O. Exhibit B: If needed, please complete and submit the form entitled “Banking Services Proposal – Additional Services and Costs” which is included with the RFP.

Exhibit A and Exhibit B will be considered all-inclusive and the prices shown on the list shall be incorporated into the agreement and be effective through the initial four-year contract.


EXHIBIT A

Heber City

Bank Services Bid Form

This is a summary of services.

Analysis statements are available for more detail upon request

The following charts indicates the monthly averages for banking services:

SERVICE

MAIN ACCT

COURT ACCT

Branch Deposits

21

20

Desktop Deposit Items

180

Lockbox

525

Positive Pay

230

ACH Transactions

500

108

Online Services

(Alert Messaging)

42


The following chart indicates the ending balance for each account for the previous 12 months:

MONTH

MAIN ACCOUNT

COURT ACCOUNT

May 2018

$746,354.45

$39,314.14

June 2018

$627,886.57

$16,849.19

July 2018

$875,115.79

$59,471.71

August 2018

$805,690.56

$6,544.24

September 2018

$903,581.42

$34,714.25

October 2018

$875,226.52

$27,861.78

November 2018

$1,868,669.44

$5,768.61

December 2018

$1,871,641.13

$42,455.52

January 2019

$1,629,539.67

$2,950.71

February 2019

$651,369.66

$6,486.99

March 2019

$2,057,087.25

$8,123.27

April 2019

$1,183,610.20

$52,955.12

EXHIBIT B

Heber City

Banking Services Proposal – Additional Services and Costs

ITEM

SERVICE DESCRIPTION SUMMARY

COST


EXHIBIT C

CITY OF HEBER

Standard Contract Terms and Conditions for Professional Services

Project:     Banking Services

1.   PARTIES:  This agreement is made and entered into as of the               day of                         ,

      2019, by and between the City of Heber, a Utah municipal corporation, hereinafter referred to as the “CITY”, and                  , hereinafter referred to as “CONTRACTOR”.

2.   CONTRACT DOCUMENTS:  This agreement incorporates by reference the Request for Proposal, dated <TBD>, which includes Insurance and Bond Requirements, and the Proposal dated                             .

3.   AUTHORITY:  Provisions of this contract (“Contract”) are pursuant to the authority set forth in Heber Municipal Code 3.04, and related statutes which permit the City of Heber to purchase certain specified services, and other approved purchases for the City of Heber.

4.   CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE:  The provisions of this Contract shall be governed by the laws of the State of Utah.  The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof.  Venue shall be in Heber, in the Fourth Judicial District Court for Wasatch County.

5.   LAWS AND REGULATIONS:  The person or entity contracting with the City of Heber under this Contract (“Contractor”) and any and all supplies, services, equipment, and construction furnished under this Contract will comply fully with all applicable Federal, and State, and local laws, codes, rules, regulations, and ordinances, including applicable licensure and certification requirements.

6.   RECORDS ADMINISTRATION:  The Contractor shall maintain, or supervise the maintenance of, all records necessary to properly account for the payments made to the Contractor for costs authorized by this Contract.  These records shall be retained by the Contractor for at least four years after the Contract terminates, or until all audits initiated within the four years, have been completed, whichever is later.  The Contractor agrees to allow State and Federal auditors, and City of Heber staff, access to all the records to this Contract, for audit and inspection, and monitoring of services.  Such access will be during normal business hours, or by appointment.

7.   TIME:  The Contractor shall complete the scope of services work in a manner to achieve any milestones identified in the procurement documents related to this Contract and the attachments to this Contract.  The full scope of services work shall be completed by any applicable deadline stated in the solicitation.

8.   TIME IS OF THE ESSENCE:  For all work and services under this Contract, time is of the essence and Contractor shall be liable for all damages to the City of Heber and anyone for whom the City of Heber may be liable, as a result of the failure to timely complete the scope of work required under this Contract.

9.   PAYMENT: 

      9.1   Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later.  After 60 days from the date a correct invoice is received by the appropriate City official, the Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed similarly as the requirements of Utah Code Annotated Section 15-6-3.  The IRS interest rate is adjusted quarterly, and is applied on a per annum basis, on the invoice amount that is overdue.

      9.2   The contract total may be changed only by written amendment executed by authorized personnel of the parties.  Unless otherwise stated in the Contract, all payments to the Contractor will be remitted by mail or electronic funds transfer.

     

      9.3   The acceptance by the Contractor of final payment without a written protest filed with the City of Heber within ten (10) working days of receipt of final payment shall release the City of Heber from all claims and all liability to the Contractor for fees and costs of the performance of the services pursuant to this Contract.

10. PROMPT PAYMENT DISCOUNT:  Offeror may quote a prompt payment discount based upon early payment; however, discounts offered for less than 30 days will not be considered in making the award. Contractor shall list Payment Discount Terms on invoices. The date from which discount time is calculated will be the date a correct invoice is received or receipt of shipment, whichever is later; except that if testing is performed, the date will be the date of acceptance of the merchandise.

11. CHANGES IN SCOPE:  Any changes in the scope of the services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by duly authorized representatives of both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of services.

12. DOCUMENT OWNERSHIP:  Contractor agrees that any work/services and all Deliverables prepared for City of Heber, to the extent to which it is eligible under copyright law in any county, shall be deemed a work made for hire, such that all right, title and interest in the work and Deliverables reside with the City of Heber.  To the extent any work or Deliverable is deemed not to be, for any reason whatsoever, work made for hire, Contractor agrees to assign and hereby assigns all right, title, and interest, including but not limited to, copyright, patent, trademark, and trade secret, to such work and Deliverables, and all extensions and renewals thereof, to the City of Heber.  Contractor further agrees to provide all assistance reasonably requested by City of Heber in the establishment, preservation and enforcement of its rights in such work and deliverables, or subsequent amendments or modifications to such work and deliverables, without any additional compensation to Contractor. Contractor agrees to waive, and hereby, to the extent permissible, waives, all rights relating to such work and deliverables, or subsequent amendments or modifications to such work and deliverables, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use.

13. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”:  The Status Verification System, also referred to as “E-verify,” only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal.  It does not apply to Invitation to Bids nor to the Multi-Step Process.

      13.1   Status Verification System

      (1)  Contractor certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the Contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws including Utah Code Ann. Section 63G-12-302.

      (2)  The Contractor shall require that the following provision be placed in each subcontract at every tier:  “The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including Utah Code Ann. Section 63G-12-302 and to comply with all applicable employee status verification laws.  Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work.”

      (3)  The City of Heber will not consider a proposal for award, nor will it make any award, where there has not been compliance with this Section.

      (4)  Manually or electronically signing the Proposal is deemed the Contractor’s certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws, including Utah Code Ann. Section 63G-12-302.

      13.2   Indemnity Clause for Status Verification System

      Contractor (includes, but is not limited to any Contractor or Consultant) shall protect, indemnify and hold harmless, the City of Heber and its officers, employees, agents, representatives and anyone that the City of Heber may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following:  (a) Contractor; (b) Contractor’s subcontractor or subconsultant at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable.

14. CONFLICT OF INTEREST:  Contractor represents that none of its officers or employees are officers or employees of the City of Heber, unless disclosure has been made.  Contractor also represents that it has no conflict of interest in performing the services for the City of Heber under this Contract, unless such conflict of interest has been disclosed to the City of Heber and approval to proceed, notwithstanding the conflict, has been obtained from the City of Heber in writing.

15. CONTRACTOR AN INDEPENDENT CONTRACTOR:  The Contractor shall be an independent contractor, and as such, shall have no authorization, express or implied, to bind the City of Heber to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the City of Heber, except as herein expressly set forth.  Compensation stated herein shall be the total amount payable to the Contractor by the City of Heber.  The Contractor shall be responsible for the payment of all income tax and Social Security amounts due as a result of payments received from the City of Heber for these Contract services.  Persons employed by the City of Heber and acting under the direction of the City of Heber shall not be deemed to be employees or agents of the Contractor.

16. INDEMNITY CLAUSE:  The Contractor agrees to indemnify, save harmless, and release the City of Heber, and all its officers, agents, volunteers, and employees from and against any and all claims, loss, damages, injury, liability, suits, and proceedings arising out of the performance of this Contract which are caused in whole or in part by the acts or negligence of (a) the Contractor, (b) the Contractor’s officers, agents, volunteers, or employees, (c) the Contractor’s subcontractors or subconsultants at any tier, or (d) anyone for whom Contractor may be liable but not for claims arising from the City of Heber's sole negligence.  The parties agree that if there are any Limitations of the Contractor’s Liability, including a limitation of liability for anyone for whom the Contractor is responsible, such Limitations of Liability will not apply to injuries to persons, including death, or to damages to property.

17. EMPLOYMENT PRACTICES CLAUSE:  The Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42 USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities.  Also, the Contractor agrees to abide by Utah's Executive Order, dated December 13, 2006, which prohibits sexual harassment in the work place.  Contractor also agrees to abide by any laws and policies of the City of Heber regarding any of the above mentioned prohibitions in this paragraph.

18. PERFORMANCE EVALUATION:  The City of Heber may conduct a performance evaluation of the Contractor’s services, including specific personnel of the Contractor.  References in the Contract to Contractor shall include Contractor, Contractor’s subcontractors, or subconsultants at any tier, if any. Results of any evaluation will be made available to the Contractor.

19. WAIVERS:  No waiver by the City of Heber or Contractor of any default shall constitute a waiver of the same default at a later time or of a different default.

20. SEPARABILITY CLAUSE:  A declaration by any court, or any other binding legal authority, that any provision of this Contract is illegal and void shall not affect the legality and enforceability of any other provision of this Contract, unless the provisions are mutually dependent.  

21. RENEGOTIATION OR MODIFICATIONS:  This Contract may be amended, modified, or supplemented only by written amendment to this Contract, executed by authorized persons of the parties hereto, and attached to the original signed copy of this Contract.  Automatic renewals will not apply to this Contract.

22. SUSPENSION/DEBARMENT:  The Contractor certifies that neither it nor its principals are presently or have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (Contract), by any governmental department or agency in the United States, including any federal, state or local agency.  If the Contractor cannot certify this statement, attach a written explanation for review by the City of Heber.  The Contractor must notify the Purchasing Agent within 30 days if suspended or debarred by any governmental entity during the Contract period.

23. TERMINATION:

      23.1   Unless otherwise stated in the Additional Terms and Conditions of the City of Heber, if applicable, this Contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party.  The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which this Contract may be terminated for cause.  This Contract may be terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given to the other party.  On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination.

      23.2   In the event of such termination, the Contractor shall be compensated for services properly performed under this Contract up to the effective date of the notice of termination. The Contractor agrees that in the event of such termination for cause or without cause, Contractor’s sole remedy and monetary recovery from the City of Heber is limited to full payment for all work properly performed as authorized under this Contract up to the date of termination as well as any reasonable monies owed as a result of the Contractor having to terminate contracts necessarily and appropriately entered into by the Contractor pursuant to this Contract.  Contractor further acknowledges that in the event of such termination, all work product, which includes but is not limited to all manuals, forms, contracts, schedules, reports, and any and all documents produced by Contractor under this Contract up to the date of termination are the property of the City of Heber and shall be promptly delivered to the City of Heber.

24. INSURANCE:

      24.1   To protect against liability, loss and/or expense in connection with the performance of services described under this Contract, the Contractor shall obtain and maintain in force during the entire period of this Contract without interruption, at its own expense, insurance coverage as listed in Exhibit D.

      24.2   The following are minimum coverages that may be supplemented by additional requirements contained in the solicitation for this Contract or provided in an Attachment to this Contract:

      (1)  Worker’s Compensation Insurance and Employers’ Liability Insurance.  Worker’s compensation insurance shall cover full liability under the worker’s compensation laws of the jurisdiction in which the service is performed at the statutory limits required by said jurisdiction. 

      (2)  Professional liability insurance in the amount as described in Exhibit D.

      (3)  Any other insurance described in the solicitation for this Contract, if applicable.

      24.3   Any type of insurance or any increase of limits of liability not described in this Contract which the Contractor requires for its own protection or on account of any statute, rule, or regulation shall be its own responsibility, and shall be provided at Contractor’s own expense.

      24.4   The carrying of insurance required by this Contract shall not be interpreted as relieving the Contractor of any other responsibility or liability under this Contract or any applicable law, statute, rule, regulation, or order.

 

25. STANDARD OF CARE:  The services of Contractor and its subcontractors and subconsultants at any tier, if any, shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude and complexity of the services that are the subject of this Contract. The Contractor shall be liable to the City of Heber for claims, liabilities, additional burdens, penalties, damages or third party claims (i.e. another Contractor’s claim against the City of Heber), to the extent caused by wrongful acts, errors or omissions that do not meet this standard of care.

26. CITY OF HEBER REVIEWS, LIMITATIONS:  The right of the City of Heber to perform plan checks, plan reviews, other reviews and/or comment upon the services of the Contractor, as well as any approval by the City of Heber, shall not be construed as relieving the Contractor from its professional and legal responsibility for services required under this Contract.  No review by the City of Heber or any entity/user, approval or acceptance, or payment for any of the services required under this Contract shall be construed to operate as a waiver by the City of Heber of any right under this Contract or of any cause of action arising out of the performance or nonperformance of this Contract, and the Contractor shall be and remain liable to the City of Heber in accordance with applicable law for all damages to the City of Heber caused by the wrongful acts, errors and/or omissions of the Contractor or its subcontractors or subconsultants at any tier, if any.

27. NONAPPROPRIATION OF FUNDS:  The Contractor acknowledges that the City of Heber cannot contract for the payment of funds not yet appropriated by the City Council.  If the Council does not appropriate funds for paying the City of Heber’s obligations on this Contract, or if funding to the City of Heber is reduced due to an order by the Mayor, or is required by State law, or if Federal funding (when applicable) is not provided, the City of Heber may terminate this Contract or proportionately reduce the services and purchase obligations and the amount due from the City of Heber upon 30 days written notice to Contractor.  If this Contract is terminated, or services and purchase obligations are reduced due to nonappropriation of funds or reduction in funding, as described in the preceding sentence, the City of Heber will pay Contractor for services properly performed, and will reimburse Contractor for expenses incurred, as authorized under this Contract, through the date of cancellation or reduction, and this payment shall be Contractor’s sole remedy, and the City of Heber will not be liable for any future commitments, penalties, or liquidated damages.

28. SALES TAX EXEMPTION:  The City of Heber sales and use tax exemption number is 12238772-002-STC.  The tangible personal property or services being purchased are being paid from City of Heber funds and used in the exercise of that entity’s essential functions.

29. PUBLIC INFORMATION:  Contractor agrees that this Contract, related sales orders, and invoices shall be public documents, and shall be available for distribution.  Contractor gives the City of Heber express permission to make copies of this Contract, related sales orders, and invoices in accordance with the State of Utah Government Records Access and Management Act (GRAMA).  Contractor also agrees that the Contractor’s response to the solicitation, if applicable, will be a public document, and copies may be given to the public under GRAMA laws.  This permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, or similar notation.

30. PATENTS, COPYRIGHTS, ETC.:  The Contractor will release, indemnify and hold the City of Heber, its officers, agents and employees harmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this Contract.

31. ASSIGNMENT/SUBCONTRACT:  Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Contract, in whole or in part, without the prior written approval of the City of Heber.

32. DEFAULT AND REMEDIES:

      32.1   Any of the following events will constitute cause for the City of Heber to declare Contractor in default of this Contract:

      (1)  Nonperformance of contractual requirements; or

      (2)  A material breach of any term or condition of this Contract.

      32.2   Should Contractor be in default under any of the provisions under Subsection 32.1 above, the City of Heber will issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure.  Time allowed for cure will not diminish or eliminate Contractor's liability for damages.  If the default remains after Contractor has been provided the opportunity to cure, the City of Heber may do one or more of the following:  (1) Exercise any remedy provided by law; (2) Terminate this Contract and any related contracts or portions thereof; (3) Impose liquidated damages, if liquidated damages are listed in the Contract; or (4) Suspend Contractor from receiving future solicitations.

33. FORCE MAJEURE:  Neither party to this Contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control.  The City of Heber may terminate this Contract after determining such delay or default will reasonably prevent successful performance of this Contract.

34. PROCUREMENT ETHICS:  The Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the City of Heber is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the City of Heber, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization.

35. CONFLICT OF TERMS:  In order for any terms and conditions of the Contractor to apply to this Contract, they must be in writing and attached to this Contract.  No other terms and conditions of the Contractor will apply to this Contract, including terms listed or referenced on a Contractor’s website, terms listed in a Contractor quotation/sales order, etc. 

36. ENTIRE CONTRACT:  This Contract including all attachments and documents incorporated hereunder, and the related State solicitation documents, if any, constitutes the entire Contract between the parties with respect to the subject matter, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written.  The terms of this Contract shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the Contractor’s work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of the City of Heber.  The parties agree that the terms of this Contract shall prevail in any dispute between the terms of this Contract and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Contract.

37. DISPUTE RESOLUTION:  In the event of any dispute under this Contract prior to any filing in any judicial proceedings, the parties agree to participate in good faith in the mediation of the dispute.  The City of Heber, after consultation with the Contractor, may appoint an expert or panel of experts to assist in the resolution of the dispute.  If the City of Heber appoints such an expert or panel, City of Heber and Contractor agree to cooperate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute.

OWNER:                                                                                CONTRACTOR:

            CITY OF HEBER                                                                                                                             

By:                                                                                          By:                                                                 

Attest:                                                                                     Attest:                                                            

Address for giving notices:                                                     Address for giving notices:

                                                                                                                                                                       

                                                                                                                                                                       

                                                                                                                                                                       

 

END OF DOCUMENT


EXHIBIT D

CITY OF HEBER

INSURANCE AND BOND REQUIREMENTS

FOR:  Banking Services

The Contracting party shall procure and maintain for the duration of the contract insurance and bonds against claims or liability which arises out of or in connection with the performance of the work hereunder by the Contracting party, his agents, representatives, employees or subcontractors.  The cost of such insurance and bonds shall be included in the Contracting party's bid or proposal.

A.        MINIMUM LIMITS OF INSURANCE

 

            Contracting party shall maintain limits not less than:

1.  GENERAL LIABILITY: $2,000,000 combined single limit per occurrence, personal injury and property damage, $3,000,000 aggregate. Broad Form Commercial General Liability is required. (ISO 1993 or better) to include Products - Comp/OP aggregate of $2,000,000. Limits to apply to this project individually.

            2.  PROFESSIONAL LIABILITY:   $1,000,000 per occurrence.

 

            3.  AUTOMOBILE LIABILITY:  $2,000,000 per occurrence.  "Any Auto" coverage is required.

4.  WORKERS' COMPENSATION and EMPLOYERS LIABILITY:  Workers' Compensation statutory limits as required by the Workers Compensation Act of the State of Utah and Employers Liability limits at a minimum of $100,000 per occurrence.

            5.  PAYMENT and PERFORMANCE BONDS: Not applicable.

           

B.        DEDUCTIBLES AND SELF-INSURED RETENTIONS

 

Any deductibles or self-insured retention exceeding 5% of the policy limits must be declared to and approved by Heber City.  At the option of Heber City, either (1) the insurer may be required to reduce or eliminate such deductibles or self-insured retention as respects Heber City, its officers, officials and employees; or (2) the Contracting party may be required to procure a bond guaranteeing payment of losses and related investigations, claim distribution and defense expenses.

C.        NOTICE OF INCIDENT OR ACCIDENT

 

Contracting party shall agree to promptly disclose to Heber City, all incidents or occurrences of accident, injury, and/or property damage covered by the insurance policy or policies.

D.        OTHER INSURANCE PROVISIONS

 

The policies are to contain, or be endorsed to contain, the following provisions:

           

            I.  General Liability and Automobile Liability Coverages

A. Heber City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects:  liability arising out of activities performed by or on behalf of the contracting party; products and completed operations of the Contracting party; premises owned, leased, hired or borrowed by the Contracting party.  The coverage shall contain no special limitations on the scope of protection afforded to Heber City, its officers, officials, employees or volunteers.

B. The Contracting party's insurance coverage shall be a primary insurance as respects to Heber City, its officers, officials, employees and volunteers.  Any insurance or self-insurance maintained by Heber City, its officers, officials, employees or volunteers shall be in excess of the Contracting party's insurance and shall not contribute with it.

C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Heber City, its officers, officials, employees or volunteers.

D. The Contracting party's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.

            II.  All Coverages

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Heber City.

E.        ACCEPTABILITY OF INSURERS

 

Insurance and bonds are to be placed with insurers admitted in the State of Utah with an A. M. Best rating of not less than A-: IX, and in the limits as listed in this document, unless approved by the City’s Risk Manager.

F.         VERIFICATION OF COVERAGE

 

Contracting party shall furnish Heber City with certificates of insurance and with original endorsements effecting coverage required by this clause.  The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.  The certificates and endorsements are to be on forms acceptable to Heber City before work commences.  Heber City reserves the right to require complete, certified copies of all required insurance policies, with all endorsements, at any time.

G.        SUBCONTRACTORS

 

Contracting party shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.  All coverages for subcontractors shall be subject to all of the requirements stated herein.


Publication Date/Time:
6/12/2019 2:00 PM
Closing Date/Time:
7/15/2019 5:00 PM
Submittal Information:
See RFP Related Documents for more details...
Contact Person:
Financial institutions must submit an email to:
Mindy Kohler, Heber City Treasurer, to mkohler@heberut.gov
Download Available:
YES
Plan & Spec Available:
https://www.heberut.gov/DocumentCenter/View/794/Heber-Banking-Services-RFP
Related Documents:

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