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HomeMy WebLinkAboutAMERANT BANK1 Amerant Bank – RFP #24-06-01 Amerant Bank, N.A. 220 Alhambra Circle Coral Gables, FL 33134 RFP #: 24-06-01 Banking Services for the City of Sunny Isles Beach July 12, 2024 Moshe Kishore Senior Vice President | Private Client Group Relationship Manager III mkishore@amerantbank.com (561) 345-8394 Eduardo Max Vice President | Treasury Management Officer emax@amerantbank.com (305) 629-1259 Official Hometown Bank of the Miami Hurricanes | Official Bank of the Miami HEAT 2 Amerant Bank – RFP #24-06-01 Table of Contents Transmittal Letter ......................................................................................................................... 3 Company Information .................................................................................................................. 4 Company Information – Corporate Profile 1Q 2024 .................................................................... 5 Personnel Experience and Qualifications ...................................................................................... 7 Approach / Methodology .............................................................................................................. 7 Pricing and Fees ........................................................................................................................... 8 References .................................................................................................................................. 9 Contract Forms .......................................................................................................................... 10 Affidavit of Compliance With Foreign Entity Laws ..................................................................... 10 Anti-Kickback ......................................................................................................................... 11 Conflict of Interest .................................................................................................................. 12 Contractor Anti-Boycott Certification ...................................................................................... 13 Dispute Disclosure ................................................................................................................. 14 Equal Opportunity / Affirmative Action ..................................................................................... 15 E-Verify Affidavit ..................................................................................................................... 16 Non-Collusion Affidavit........................................................................................................... 17 Public Entity Crimes ............................................................................................................... 18 Questionnaire Form ................................................................................................................... 20 Exceptions ................................................................................................................................. 26 Attachment A – Cost Proposal .................................................................................................... 27 Deposit Agreement .................................................................................................................... 28 Electronic Funds Transfer Agreement .......................................................................................... 28 2023 Impact Report ................................................................................................................... 29 3 Amerant Bank – RFP #24-06-01 Transmittal Letter A letter of transmittal, signed by an authorized officer of your company, briefly stating the Proposer’s understanding of the services to be performed and a positive commitment to perform the services described herein. Provide the name(s) of the person(s) who will be authorized to make representations for the Proposer, their titles, office and E-mail addresses and telephone numbers. 4 Amerant Bank – RFP #24-06-01 Company Information In response to this Proposal, all Proposers must provide the following: • Name of Financial Institution (including any "Doing Business As" names) o The Company operates through its subsidiaries, Amerant Bank, N.A. (the “Bank”), Amerant Investments, Inc., Elant Bank and Trust Ltd., and Amerant Mortgage, LLC • Headquarters and local Branch Locations o Headquartered in Florida o The Bank operates 25 banking centers – 19 in South Florida and 6 in the Houston, Texas area • Internet Web Site Address (if any) o https://www.amerantbank.com/ • Details of Entity Business Structure (Corporation, Partnership, LLC) o Corporation • Date Founded o 1979 • Headquarters address and telephone number, and local branch address and phone number o Headquarters address – 220 Alhambra Circle, Coral Gables, FL 33134 – (305)460- 4001 o Local Branch – 3001 NE 199th Street, Aventura, FL 33180 – (305)521-4912 • Proof of insurance o Amerant meets these requirements, a certificate of insurance will be provided upon award • Indication of how long it would take to implement service after authorized to Begin o All accounts and basic services will be operational within 30 days • List of any outstanding litigation that would threaten the viability of the firm or the performance of this contract o N/A • Financial Stability of the Bank along with audited financial statements o Amerant Bank meets the State of Florida QPD standards o https://investor.amerantbank.com/financial-information/financial-results 5 Amerant Bank – RFP #24-06-01 Company Information – Corporate Profile 1Q 2024 6 Amerant Bank – RFP #24-06-01 7 Amerant Bank – RFP #24-06-01 Personnel Experience and Qualifications Provide an explanation of why the Proposer is the best qualified to perform the contract and demonstrate its qualifications including an item-by-item disclosure outlining how the firm meets or exceeds the requirements of this RFP. The proposal should give a description of the firm, including the size, range of activities, etc. and emphasize how the firm-wide experience and expertise in this type of project will be brought to bear on the proposed project. Include organizational chart with local, district, and corporate levels for Proposer. Describe how the organizational structure will ensure orderly communications, distribution of information, effective coordination of activities, resource management, accountability, and decision-making authority. Describe the designated team representatives who are technically competent to assist the College in all activities associated with the service and maintenance of this account. The composition of the team should include: • The names of the employees in the area responsible for this contract o Moshe Kishore o Eduardo Max o Benito Pumar o Tairis Alsina • Their function in the company o Moshe Kishore – Relationship Manager o Eduardo Max – Treasury Management Officer o Benito Pumar – Private Client Service Group team Leader o Tairis Alsina – Head of Private Client Group • The name of the person who will be responsible for the coordination of work through to implementation. o Eduardo Max – Treasury Management Officer Approach / Methodology Proposers approach methodology to providing the services requested in this solicitation, including but not limited to: • Clearly describe the ability to perform the scope of services proposed including a work plan, an explanation of methodology to be followed to perform the services required of this proposal • Management Policies and Customer Service Structure • Overall organization to completing the project • Ability to meet desired timelines and deadlines o Transition Plan and Timeline To achieve a successful bank transition, Amerant Bank recommends the following approach: Communication: 1. Have a detailed Kick Off Meeting to understand and collect all information. 8 Amerant Bank – RFP #24-06-01 2. Identify who will serve as the main contact and what other individuals are needed to be part of the project such as IT resources. 3. Understanding each other’s terminology and ensuring that we are communicating effectively is important. Using flow charts and other diagrams helps both parties to validate information. Identify Tasks: 1. Establishing a work plan with milestones for key events like file testing and training is important. 2. Clients need to download history, templates, and other data from the outgoing online banking platform. 3. Banking supplies need to be ordered. 4. An actual cut-over date should be established to help with the transition. Notification: 1. Clients need to notify vendors and suppliers plus payroll companies of new bank account information. 2. The bank will work with the client during this transition to relieve some fees and costs associated with the migration. Client Education: 1. The bank will conduct demonstrations of the products and services such as the online platform. 2. The bank will assist with any installation of equipment such as the Remote Deposit Scanners. 3. The bank will provide names and contact details for the associates that will be available to help with navigating the new bank’s systems and to answer questions. 4. The bank will introduce other team members that will help with the relationship and introduce the client to our Senior Management. Submit any additional information that would assist the City in the evaluation on your proposal. Pricing and Fees Provide a schedule of proposed services and fees including earnings credit rate and, if applicable, interest rate on excess balances (amount that exceeds target minimum balance that produces a monthly earnings credit sufficient to pay/offset all service fees each month). The Proposer must complete ATTACHMENT A and submit it with their proposal. Each firm shall submit in their price proposal and any pricing conditions or contingencies must be clearly stated. • Amerant Bank uses Account Analysis pricing on all governmental accounts. Amerant Bank will offer a 1.00% ECR on all non-interest bearing accounts and will waive all fees for the first 6 months to allow the City of Sunny Isles Beach to transition the relationship. Please see banking proforma under Attachment A. RFP 24-06-01 BANKING SERVICES 33 9 Amerant Bank – RFP #24-06-01 References The Proposer shall provide reference letters for five (5) verifiable clients with a minimum of three (3) municipalities/local governments, for projects of similar scope as outlined in this RFP. Please ensure the contact information provided is up to date and accessible. Proposer must complete the Questionnaire Form # 22 to meet requirement. • Please see page 38 of the RFP, Questionnaire Form #22 10 Amerant Bank – RFP #24-06-01 Contract Forms Affidavit of Compliance With Foreign Entity Laws 11 Amerant Bank – RFP #24-06-01 Anti-Kickback 12 Amerant Bank – RFP #24-06-01 Conflict of Interest 13 Amerant Bank – RFP #24-06-01 Contractor Anti-Boycott Certification 14 Amerant Bank – RFP #24-06-01 Dispute Disclosure 15 Amerant Bank – RFP #24-06-01 Equal Opportunity / Affirmative Action 16 Amerant Bank – RFP #24-06-01 E-Verify Affidavit 17 Amerant Bank – RFP #24-06-01 Non-Collusion Affidavit 18 Amerant Bank – RFP #24-06-01 Public Entity Crimes 19 Amerant Bank – RFP #24-06-01 20 Amerant Bank – RFP #24-06-01 Questionnaire Form Any questions that are not applicable Proposer to identify with a response of N/A (not applicable) Please provide answers to questions below as an attachment if it cannot fit on this page. Name of person completing questionnaire: Title: 1. Type of Bank (Federal or State Charter): _Federal______________. 2. Is your Bank a member of NACHA? Yes 3. Deposits Federally insured up to _$250,000.00_________. 4. Is your bank an Equal Opportunity Lender? Yes 5. Authorized Florida Qualified Public Depository? Yes 6. Please describe in detail your ability to provide remote deposit capture services. Include all benefits, processing procedures, deadlines, return items, safekeeping and destruction guidelines and indemnification. (costs to be identified on the proposal form) • You scan checks for deposit by using an approved check scanner and computer with internet access. As you scan checks, images are captured and available for download. Our deadline for Remote Deposit is 6 pm Eastern Standard Time. Returned items can be redeposited via remote deposit capture a second time, otherwise a new check will be required. Checks must be kept in locked location and then shredded after 90 days. Address the liability for illegible images. 7. How will the Proposer return validated deposit receipts to the City for night deposits? In what time frame? • Amerant will include our Amerant Deposit Agreement, answer to this question is on page 18 8. What is the Proposer’s notification and adjustment process for counterfeit bills and fraudulent checks? • The City would see all deposit corrections on Treasury Connect and can contact their client specialist for more information. 9. Safekeeping Services The Proposer may be required to act as custodian of the City's investment securities. For safekeeping purposes, the Proposer would be required to evidence custody by providing an original non-negotiable safekeeping receipt. How would the City be compensated for a failed security due to the Proposer’s actions as it relates to Safekeeping Services as fully detailed in the Scope of Services? • Amerant Bank, N.A. owns and controls 100% of Amerant Investments, Inc., a Delaware introducing broker dealer and registered investment advisor ("Amerant Investments"), which will provide the safekeeping / custodial services. Amerant Investments will provide safekeeping / custodial services through its agent Pershing, LLC a wholly-owned subsidiary of Bank of New York Mellon, and one of the largest providers of investment custodial services in the market place. 21 Amerant Bank – RFP #24-06-01 10. The Proposer will furnish the City an Availability of Funds Schedule for the clearing of deposits. The schedule shall contain the latest time of the day for deposits to incur the least number of days for clearing each of the following deposit items: Please provide the availability of funds schedule for clearing of deposits. Checks drawn on: A. The Selected Bank (on-us items) B. Local (Palm Beach County) Checks C. State ChecksRFP 24-06-01 BANKING SERVICES 35 D. U.S. Governmental Checks E. Interstate Checks • No Holds on any of these deposits, checks will clear next business day F. Do you provide for fractional availability? If YES, provide explanation • No Amerant does not provide fractional availability G. Credit card deposits. • Credit card deposits have no holds 11. Electronic Funds Transfer: Describe the services you provide for the payment to vendors through the Automated Clearinghouse by means of electronic funds transfer. (If additional space is required, please include as an appendix to your proposal.) Include a description of the services you are able to provide in implementing an ACH program. • Amerant will include our Electronic Funds Transfer Agreement, answer to this question can be found in the Agreement 12. Direct Payroll Deposit: Provide details of how your bank administers Direct Payroll Deposit Programs. Is there a limitation as to participating financial institutions? In what form and timeframe would you need the information regarding the City's employees and their respective account numbers, payroll amounts, and identification numbers? Provide details on how voiding and reversal of individual direct deposit ACH items are handled. Indicate If it is possible to reverse or cancel an ACH file, and the appropriate procedures and rules applicable. • The City would have ACH Origination on TreasuryConnect to originate credit and debit transactions. ACH can be done by creating templates online or via file upload through the portal. ACH Return Notifications are emailed to the appropriate individuals. 13. Lockbox Service: Provide detail process of lockbox service. • The bank will provide wholesale and retail lockbox services, online image access, and transmission capabilities. 14. Other Innovations: Propose any new financial services, plans or practices deemed to be in the best interest of the City not otherwise addressed in this proposal. Any fees for these services to be included in the Fee Proposal section “Future Services”. • As the relationship between Amerant and the City Of Sunny Isles Beach grows we will recommend enhancements to the existing services to create efficiencies and automation 15. Business Operations- Banking Services Only 22 Amerant Bank – RFP #24-06-01 A. What is the largest volume of paid items your bank processes in one month for a single commercial account? • Amerant Bank provides service to large commercial clients that exceed $100MM in sales in addition to The Miami Heat & Florida Panthers. Amerant has the capability of handling large volumes of transactions. Amerant partners with FIS, a Fintech company, that is a Global financial tech company that partners with many banks and handles over $50T on an annual basis. B. What is the largest volume of deposit items your bank processes in one month for a single commercial account? • Amerant Bank provides service to large commercial clients that exceed $100MM in sales in addition to The Miami Heat & Florida Panthers. Amerant has the capability of handling large volumes of transactions. Amerant partners with FIS, a Fintech company, that is a Global financial tech company that partners with many banks and handles over $50T on an annual basis. C. Describe your wire transfer department. Where is it located. • All of Amerant Bank’s Operations are located in the Ops Center in Miramar, FL. Who manages it. • Amerant Bank’s wire transfer department is managed by the Chief Operating Officer. Our bank’s executive committee can be found under investor relations, https://investor.amerantbank.com/company-information/management What is your normal cut-off time for outgoing transfers? • Amerant Bank’s wire cut-off time is 6:00 pm EST What is the Proposer’s policy in case of a wire transfer failure for which the City has confirmed receipt of instructions? • If wire fails or rejects the system will notify the city of any rejections. If wire is returned by other institution the City will see the credit back in the account on Treasury Connect How and when is the City notified of a failed wire transfer? • If wire fails or rejects the system will notify the city of any rejections. What controls has the Bank put in place to prevent wire transfer fraud to prevent ACH and Wire Transfer fraud? • Amerant has multifactor authentication, which requires every user enter a security code and a passcode (Pin # + Token) to login and approve a wire. The City can also have dual control on all ACH & Wire Transactions as an extra layer of security.4ANKING SERVICES 36 What has been the Proposer’s experience with fraud in the wire transfer area? D. Describe your account reconciliation department. Where is it located. • All of Amerant Banks Operations are located in the Ops Center in Miramar, FL. Who manages it? • Amerant Banks account reconciliation department is managed by the Chief Financial Officer. Our bank’s executive committee can be found under investor relations, https://investor.amerantbank.com/company-information/management What is the timing for completion of reconciliations after receipt of input information from the customer? E. Should the City’s main accounts be the target of counterfeit drafts, what are your procedures to limit losses to all parties concerned and what is the effect and cost to the City? 23 Amerant Bank – RFP #24-06-01 • Contact Client Associate assigned to the account or Benito Pumar – Private Client Service Group team Leader for further investigation. Provisional credit may be given to the city depending on the circumstance. F. Describe your process for resolving deposit discrepancies, especially when cash is in question. • Contact Client Associate assigned to the account or Benito Pumar – Private Client Service Group team Leader for further investigation. Provisional credit may be given to the city depending on the circumstance. G. Describe your method of applying pricing to governmental or exception type accounts. • Amerant Bank uses Account Analysis pricing on all governmental accounts. Amerant Bank will offer a 1.00% ECR on all non-interest bearing accounts and will waive all fees for the first 6 months to allow the City of Sunny Isles Beach to transition the relationship. H. How do you lock in and maintain our banking fees into your billing system? What steps are taken to assure accurate billing each month per the final agreement rates. • Amerant Bank uses Account Analysis pricing on all governmental accounts and is reviewed on a monthly basis for any errors or mistakes. Amerant Bank will also work with the City of Sunny Isles Beach if there is ever a question regarding service fees. I. Describe the Proposer’s ability to make cash available before, during and after an emergency: • Arrangements for customer cash services in the event of a known/foreseeable disaster such as hurricanes or flood, can be fulfilled as stipulated. J. Describe your Emergency Disaster Plan and assistance available to the City. Include time to restore based on type of disaster. • Amerant is committed to ensuring its preparedness and resilience against business continuity challenges through an agile and effective Business Continuity Management (BCM) program. The BCM Program is structured to ensure the resilience and recovery of the bank’s operations including services to customers when confronted with adverse events such as natural disasters, technological failures, or mass absenteeism, as well as to ensure adequate life-safety response capabilities. The primary objective of the BCM Program is to allow bank operations to continue under adverse conditions by the identification and implementation of appropriate resilience strategies and recovery objectives, all of which are in alignment with industry best-practices and in compliance with regulatory requirements. The three pillars of the BCM Program comprise Business Continuity Planning, Disaster Recover, and Emergency & Life Safety, supported by an Executive Response Team as well as with Management and Board oversight. K. Positive Pay: Detail if payee match is part of positive pay. • Yes, Payee Match is part of positive pay When addressing positive pay, address procedure for verification when City is closed for business. • Authorized users must log into Treasury Connect to review exceptions 16. City Employee Banking Services Please describe if your organization offers any type of benefits to employees working for the City of Sunny Isles Beach. • Amerant has an Amerant at Work program to provide benefits to employees of our commercial clients. More information can be shared as we progress through this process. 17. Is there any disclaimer of liability required for use of your web based products? Identify products and response for each. 24 Amerant Bank – RFP #24-06-01 • Yes, during initial login users will acknowledge our Treasury Management Terms and Conditions, a hard copy will be provided 18. Security of Web Based Applications (Related to Banking Services) (Do not include products related to Merchant Services for this question) For each product available identify the product and detail the requested information as it relates to each Web Based Application proposed for the City to use. RFP 24-06-01 BANKING SERVICES 37 Web Based Application Name of Product: Treasury Connect What application is this used for? Business Online Banking A. Does session inactivity cause a sign-off? Yes After how long? 10 Minutes B. How are form entries protected against common attacks like SQL injection, buffer overflow, Cross-site, scripting, etc. • Amerant uses the highest level of security software, please see link attached, https://www.amerantbank.com/security-center/ C. What web server software are you using? • Amerant uses the highest level of security software, please see link attached, https://www.amerantbank.com/security-center/ D. What internet browsers is your software compatible with? Are there any exceptions or limitations? • Amerant uses the highest level of security software, please see link attached, https://www.amerantbank.com/security-center/ E. Describe procedures to test and install manufacturer’s security patches when issued. • Amerant uses the highest level of security software, please see link attached, https://www.amerantbank.com/security-center/ F. Do your web based applications conform to “Open Web Application Security Project” (OWASP) Standards? http://www.owasp.org. • Amerant Bank prefers you log in to a secured network. However, you can log in to an unsecured network as long as the user accepts the Terms & Conditions prior to logging in. 19. If our agency anticipates using an armored car service. Please detail the armored car procedures with your institution. • Amerant Bank maintains a relationship with Brinks and Loomis to process cash deposits. Clients may negotiate a Transportation contract with any vendor of their choosing for cash pick-ups and change orders. Our contract with Brinks and Loomis allows for any armored car to deliver deposits and fulfill change orders. Brinks can support the coin sorting that the RFP requires. 20. Qualifications and Experience of Staff Proposer to provide in detail qualifications and experience of the specific staff to be assigned to the City’s account, to demonstrate their ability to effectively perform the services outlined. Managers and other project staff may only be changed with the express prior written permission of the City of Sunny Isles Beach. The City of Sunny Isles Beach retains the right to approve or reject replacements. 25 Amerant Bank – RFP #24-06-01 For each individual, attach a resume or qualifications summary that includes the following information: • Description of the individual’s background • Description of individual’s work experience including all past employment Moshe Kishore Senior Vice President | Private Client Group Relationship Manager III Client-focused relationship manager, dedicated to exceeding client expectations, maintaining strong, fruitful working relationships with clients to gain their trust and respect, offering these core strengths: Create and support client retention strategies for existing customer base while developing new customers. Strengthen working relationships with clients, utilizing excellent interpersonal skills. Continually develop customer care skills with results driven attitude. Strong sales professional with proven high-level results as a Top Producer on a consistent basis (24+Years). Bachelor’s degree from Heritage Baptist University. The Relationship Manager maximizes share of wallet and products penetration by promoting and cross-selling products and services; serving, maintaining, and developing new relationships to increase the bank revenue and identify current and potential business opportunities. Responsibilities: • Identify the needs of customers and prospects providing optimum customer service while complying with bank policy and federal regulations. • Review depository activity of all specialty clients assigned to the individual’s portfolio to ensure compliance with BSA and interact with the Compliance Department. • Identify issues or incidents that may cause operational risk and bring to management’s attention. • Evaluate and act to adequately manage and control customer overdraft and uncollected funds transactions following approval limit guidelines in order to accommodate and service customers in a financially feasible and prudent manner, with minimum risk exposure to the bank. • Evaluate, monitor, analyze, and control overall quality of existing credit portfolio, including related depository relationships and their activity. Know and increase the share of wallet of a customer to retain and keep them engaged increasing their lifetime value. • Verify that loan requests comply with internal credit policies prior to forwarding to Credit Services Department, with subsequent communication of any outcome to the applicant concerning their approval/denial status of such application; coordinate loan closings, loan bookings and the preparation of credit files; review loan documentation prior to loan closings and check for accuracy. • Support the renewal process for existing clients and use the workflows to analyze, underwrite and recommend commercial loan applications by gathering financial information and preparing for credit renewals and reviews. • Proactively monitors the portfolio of clients for past dues, changes to client risk profile and to bring these findings to their supervisor. 26 Amerant Bank – RFP #24-06-01 Eduardo Max Vice President, Senior Treasury Management Officer Specializing in Treasury Management consultation to all size businesses. Excellent at building successful relationships with top level C suite executives and value my professional relationships. Advanced knowledge of treasury solutions and project planning to execute on strategies to improve working capital and efficiency. The Treasury Management Sales Officer is responsible for assisting Business Development Officers with enhancing & deepening existing relationships and adding value by cross selling treasury products and servicing the client base within the portfolio. Duties and responsibilities include: • Demonstrate ability to identify targeted company needs and the ability to offer customized client solutions. • Exhibit proficiency in training clients on all TCM products. • Ensure proper TCM set up documentation and all required agreement execution. • Take ownership and deliver timely resolution of customer issues. • Develop knowledge of internal resources for accurate response to customer issues. • Recommend viable solutions to improve customer service. • Recommend and help develop product solutions as well as enhancing existing product set. • Understand and communicate implementation timeline to align with customer expectations. • Ensure preventive measures are carried out to fully comply with current rules, regulations and internal policies relating to risks. 21. List of Proposed Subcontractors/Subconsultants The undersigned proposer hereby designates, as follows, all major subcontractors whom they propose to utilize for the major areas of work for the project. The proposer is further notified that all Subcontractors shall be properly licensed and shall be required to furnish the CITY with a Certificate of Insurance in accordance with the contract general conditions. Failure to furnish this information may be grounds for rejection of the proposer’s proposal. (If no subcontractors are proposed, state “None” on first line below.) • None 22. Professional References The Proposer shall provide reference letters for five (5) verifiable clients with a minimum of three (3) municipalities/local governments, for projects of similar scope as outlined in this RFP. Please ensure the contact information provided is up to date and accessible. Failure to furnish this information may be grounds for rejection of the proposal. • Banking References can be found on page 38-39 of the RFP Exceptions List any exceptions to be taken to the scope and/or Terms and Conditions within this RFP. • None 27 Amerant Bank – RFP #24-06-01 Attachment A – Cost Proposal 28 Amerant Bank – RFP #24-06-01 Deposit Agreement https://www.amerantbank.com/products/business/business-checking/business-checking/ Electronic Funds Transfer Agreement https://www.amerantbank.com/products/business/business-checking/business-checking/ 29 Amerant Bank – RFP #24-06-01 2023 Impact Report https://investor.amerantbank.com/sustainability/impact-report Banking Services RFP 1 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net |Purchasing@sibfl.net REQUEST FOR PROPOSALS RFP # 24-06-01 BANKING SERVICES RELEASE DATE: WEDNESDAY, JUNE 5, 2024 VIRTUAL NON-MANDATORY PRE-PROPOSAL MEETING WEDNESDAY, JUNE 26, 2024 AT 11:00 AM ZOOM VIRTUAL MEETING: HTTPS://US02WEB.ZOOM.US/J/82683511394 ALL QUESTIONS DUE: FRIDAY, JUNE 28, 2024 AT 5:00 PM SUBMISSION DUE DATE: TUESDAY JULY 9, 2024 AT 11:00 AM SUBMIT ELECTRONIC PROPOSALS TO: RESPONDENTS SHALL SUBMIT ALL PROPOSALS ELECTRONICALLY THROUGH WWW.DEMANDSTAR.COM. THE CITY IS ONLY ACCEPTING ELECTRONIC SUBMITTALS VIA DEMANDSTAR AT WWW.DEMANDSTAR.COM Banking Services RFP 2 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net |Purchasing@sibfl.net TABLE OF CONTENTS PAGE NO. LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3 GENERAL TERMS & CONDITIONS 4 SPECIAL TERMS & CONDITIONS 10 SCOPE OF WORK / TECHNICAL SPECIFICATIONS 17 EVALUATION PROCESS 28 PROPOSAL FORMAT 31 SUBMITTAL FORM 40 AFFIDAVITS NON-COLLUSIVE AFFIDAVIT PUBLIC ENTITY CRIMES EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT CONFLICT OF INTEREST STATEMENT DISPUTE DISCLOSURE FORM ANTI-KICKBACK AFFIDAVIT ANTI-BOYCOTT CERTIFICATION E-VERIFY AFFIDAVIT COMPLIANCE WITH FOREIGN ENTITY LAWS ATTACHMENTS ATTACHMENT A – COST PROPOSAL ATTACHMENT B - CITY OF SUNNY ISLES BEACH BANK STATEMENTS ATTACHMENT C - CITY OF SUNNY ISLES BEACH ACCOUNT ANALYSIS ATTACHMENT D - RESPONDING TO AN ELECTRONIC PROPOSAL Banking Services RFP 3 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net |Purchasing@sibfl.net LEGAL ADVERTISEMENT NOTICE TO FIRM BANKING SERVICES REQUEST FOR PROPOSALS NO. 24-06-01 The Specifications for this REQUEST FOR PROPOSALS are available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the RFP Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their RFP response package may be incomplete. Any addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. Sealed Proposals will be received by the City Clerk no later than 11:00 AM ON TUESDAY, JULY 9, 2024 on DemandStar.com. Proposals received after this time will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will be opened publicly and names of firms read aloud at this time. RFP 24-06-01 BANKING SERVICES OPENING DATE AND TIME: TUESDAY, JULY 9, 2024 AT 11:00 AM The City reserves the right to reject any or all proposals, with or without cause, to waive technical errors and informalities, and to accept the proposal, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. Potential and actual proposers shall not solicit or otherwise communicate in any manner whatsoever, directly or indirectly, with the City Commission, City Manager, evaluation committee members, or City staff, other than Purchasing Division personnel, regarding this RFP from the time of the RFP initial release through the award. The City will host a virtual non-mandatory pre-proposal conference on WEDNESDAY, JUNE 26, 2024 AT 11:00 AM. Virtually via Zoom: https://us02web.zoom.us/j/82683511394 All questions regarding this RFP shall be directed in writing to Purchasing by FRIDAY, JUNE 28, 2024 AT 5:00 PM. Questions must be submitted via email to: Purchasing@sibfl.net. Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier. Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach Banking Services RFP 4 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net |Purchasing@sibfl.net SECTION 1 INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIO0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: Any questions concerning the Bid Specifications or any required need for clarification must be addressed to Purchasing at Purchasing@sibfl.net by the date mentioned above. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders’ list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER’S LIST: As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each REQUEST FOR PROPOSALS. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS: If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered proposers (those who have been registered as receiving a Bid package) receive the documents. It is the responsibility of the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. 1.4 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, sub-Contractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list”. 1.6 BID DEADLINE: Bids must be submitted no later than the time and date shown within this document. 1.7 SEALED BID: The entire Bid Response Package must be submitted electronically via DemandStar.com by the date mentioned above. 1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION: All Proposals shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the proposers prior to the opening must be initialed and dated by the proposers. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF BIDS: Proposers may withdraw Bids only by written request and shall forward the withdrawal request via “Certified U.S. Mail – Return Receipt Requested” prior to the Bid opening time. Negligence on the part of the Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.10 BID OPENING: Proposals will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the proposers to insure that the proposal is submitted on DemandStar.com on or before the closing hour and date stated on the REQUEST FOR PROPOSALS. After the proposal opening, the contents of the Bid Form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Bids that are received after the Bid opening time will not be considered and will not be returned. 1.11 EVALUATION OF BIDS: The City, at its sole discretion, reserves the right to inspect any/all Proposers facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposers, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in 5 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net reference to their decisions to reject, award, or not award a Bid, as applicable. 1.11.2 Cancellation: Failure on the part of the Proposers to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 1.11.3 Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a written copy of its decision to the Contractor, which shall be binding on both parties. 1.12 AGREEMENT: After the Bid award, the City will, at its option, prepare an Agreement specifying the terms and conditions resulting from the award of this Bid. The vendor will have ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required Performance Bond. The Proposer who has the Contract awarded to them and who fails to execute the Agreement and furnish the Performance Bond and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Proposers fails to enter into the Contract and furnish the Bonds as herein before provided. BidSecurity deposited in the form of a cashier’s check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for the current and any future periods provided for within the Bid specifications. 1.13 PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. 1.14 BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples, and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid as equals. 1.15 MATERIAL: Material(s) delivered to the City under this Bid shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to City are found to be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller’s expense. 1.16 SAMPLES: Samples of items, when required, must be furnished by the Proposers free of charge to the City. Each individual sample must be labeled with the Proposers name and manufacturer's brand name and delivered by them within ten (10) calendar days of Proposers receipt of the “Notice to Proceed”, unless schedule indicates a different time. If samples are requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 1.17 QUANTITY GUARANTY: No guaranty or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Contract or Award. These quantities are for Bid purposes only and will be used for tabulation and presentation of the Bid. The City reserves the right to increase or decrease quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this Bid. 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful Proposers to notify the City at once, indicating in their letter the specific regulation which required an alteration. The City of Sunny Isles Beach reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 1.19 SAFETY STANDARDS: The Proposers warrant that the product(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act (OSHA) and its amendments. Bids must be accompanied by a materials data safety sheet (MSDS) when applicable. 1.20 WARRANTIES: Successful Proposers shall act as agent for the City in the follow- up and compliance of all items under Warranty/Guaranty and complete all forms for Warranty/Guarantee coverage under this Contract. 1.21 COPYRIGHTS/PATENT RIGHTS: Proposers warrant that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling of goods shipped or ordered, as a result of this Bid. The proposer/seller agrees to indemnify City from any and all liability, loss, or expense occasioned by any such violation. 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): The contractor shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each firm submitting a proposal on this REQUEST FOR PROPOSALS shall include a copy of the company’s local business tax/occupational license(s) with the Bid response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 6 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: Proposers shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Proposers shall be liable for any damages or loss to the City occasioned by negligence of the Proposers (or their agent) or any person the Proposers has designated in the completion of their contract as a result of the Bid. Proposer shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Miami-Dade County, and City of Sunny Isles Beach Code. Contractors shall include current Miami-Dade County Certificates of Competency. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licensor will be grounds for rejecting the Bid. 1.24 CERTIFICATE(S) OF INSURANCE: Proposers shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this Bid and section. At the time of Bid submission the Proposers must submit certificates of insurance as outlined in the General Conditions section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Proposers and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Proposers, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Proposers hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.25 ASSIGNMENT: The Contractor shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the REQUEST FOR PROPOSALS and monies which may be due hereunder are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Contractor changes hands subsequent to the award of this contract, Contractor shall promptly notify City in writing (via United States Postal Service – Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City’s sole discretion. 1.26 HOLD HARMLESS/INDEMNIFICATION: The Contractor shall indemnify, hold harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and / or from any procurement decision of the City including without limitation, awarding the Contract to the Contractor. 1.27 NON-CONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the vendor at their own expense and redelivered at their expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non- conformance or failure to meet delivery schedules may result in the Contractor being found in default. 1.28 DEFAULT PROVISION: In case of default by the Proposers, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Proposers responsible for any excess costs occasioned or incurred thereby. 1.29 SECONDARY/OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 1.30 DEFINITIONS: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the City and the Contractor covering the Work to be performed, and the terms and conditions, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Approved: Means approved by the City. Bid or Proposal: The offer of the Proposers submitted on the prescribed form setting forth the prices for the Work to be performed. Proposers: Any person, firm or corporation submitting a Bid for Work. As used herein, “Firm”, “Proposing Firm”, “Vendor” and “Bidder” shall have the same meaning as “Proposers”. Bonds: Bid, performance bond and other instruments of security, furnished by the Contractor and their surety in accordance with the Contract 7 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Documents: Contract Documents shall include, Instructions to Proposers, Contractor's Bid, the Bonds, the Notice of Award, the Agreement between the City and Contractor as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, REQUEST FOR PROPOSALS, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: Contract Time: Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City’s governing body. Contractor: The person, firm or corporation with whom the City has executed this Agreement. As used herein, “Operator” shall have the same meaning as “Contractor”. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order: A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification: Modification means any one of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the City, or (d) a written order for minor change or alteration in the Work issued by the City. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by City to the apparent successful Proposers stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting progress payments. Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Written Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.31 BID AWARD: The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the Bids. The RFP shall be awarded to the highest ranked responsive and responsible Bidder whose Bid best serves the interests of and represents the best value to the City. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Proposer’s capability to perform the Services as described in this RFP, ITB, RFQ or ITQ, as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City’s established standards, as well as the financial capability of the Proposer to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any Proposers on the basis of these queries and investigations and who does not meet the City’s satisfaction, even though the firm may be the lowest dollars and cents Bid. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform. If the Contract is awarded, the City will issue the Notice of Award and give the successful Proposers a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a proposer who is not necessarily the lowest dollars and cents proposers on the basis of the results of these queries and investigation(s). 1.32 EXECUTION OF AGREEMENT: At least two counterparts of the Agreement, the Performance Bond, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by Contractor to the City within ten (10) calendar days of receipt of the Notice of Award. 8 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 1.33 LAWS AND REGULATIONS: The Contractor will give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If the Contractor observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.34 TAXES: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 23-00-477131-54C appears on each purchase order. Exemption certificates are available upon request. 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall defend, indemnify and hold harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or his Sub-Contractor, agents, servants or employees. The Contractor will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, Sub-Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at City’s option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Contractor, its Sub-Contractors, or by anyone directly or indirectly employed by either. 1.36 DECISIONS ON DISAGREEMENTS: The City will be the initial interpreter of the Technical Specifications. 1.37 CITY MAY TERMINATE: Default. The occurrence of any one or more of the following events shall constitute a default by Tenant under the Lease: Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies provided in this Section or otherwise available at law or in equity. 1.38 MISCELLANEOUS: Proposers acknowledge the following miscellaneous conditions: 1.38.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. 1.38.2 The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project. 1.38.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor and those in the Special Conditions and the rights and remedies available to the City, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 1.38.4 Should the City or the Contractor suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 1.39 WAIVER OF JURY TRIAL: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. 1.40 GOVERNING LAW: The Contract shall be construed in accordance with and governed by the law of the State of Florida. 1.41 VENUE: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 1.42 ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys’ fees incurred by the parties shall be paid by the non- 9 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys’ fees as may be determined by the court on confirmation. 1.43 PROJECT RECORDS: City shall have right to inspect and copy during regular business hours at City’s expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three years following final completion of the Project. During the Project and the three year period following final completion of the Project, Contractor shall provide City access to its books and records upon five days written notice. 1.44 SEVERABILITY: If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.45 INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 1.46 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is onthe Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City’s option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City’s option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 1.47 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. End of Section RFP 24-06-01 BANKING SERVICES 10 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE OF REQUEST: The City of Sunny Isles Beach, Florida, (the “City”) a municipality located in Miami-Dade County, Florida, seeks to establish a contract with a State of Florida-qualified financial institution (herein, “bank”, “firm” “proposer”) to provide full banking services for the City of Sunny Isles Beach, in conjunction with the City’s needs. The objectives are to obtain the best banking services while minimizing costs to the City, maximizing earnings, and avoiding unreasonable risks in full accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP). The City will not review a proposal that submits the banking services and merchant services as separate contracts nor sign contracts with separate entities for required banking services. The Proposer must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient services to the City. The City reserves the right before recommending any award to inspect the facilities, organization, and financial condition, or take any other action necessary to determine the financial institution’s ability to perform, in accordance with these specifications, terms and conditions. 2.2 VIRTUAL NON-MANDATORY PRE-PROPOSAL CONFERENCE A non-mandatory pre-proposal conference will be held on WEDNESDAY, JUNE 26, 2024 AT 11:00 AM at virtually via Zoom, to discuss the special conditions and specifications included within this solicitation. It is strongly recommended that Firms interested in proposing to this RFP attend the meeting as a tool to be successful in responding to the City’s solicitation. Zoom invite: https://us02web.zoom.us/j/82683511394 2.3 MINIMUM QUALIFICATION REQUIREMENTS (MQRS) 1. Please read the MQRs to ensure the Firm meets these requirements prior to submitting a response to this RFP. 2. All Minimum Qualification Requirements (MQRs) must be submitted with Firm’s response. 3. Firms that do not comply with MQRs may be determined non-responsive and disqualified. 4. Awarded firm will be required to maintain Minimum Qualification Requirement a and b during the term of the Contract and any Contract renewals. a. The Proposer shall hold the proper license/qualifications to perform the Scope of Work set forth within this solicitation to including but not limited to the following: Federal or State of Florida Charter Bank; RFP 24-06-01 BANKING SERVICES 11 Certified as a “Qualified Public Depository” under Chapter 280 Florida Statutes, “Security for Public Deposits”; Member of FDIC; and Member of Federal Reserve System. The Proposer must provide a copy of the applicable license(s) or status with Firm’s response. b. The Proposer shall have a branch bank located in Sunny Isles Beach. Be a Federal or Florida chartered bank with a principal Branch office located within a ten (10) mile radius of the city of Sunny Isles Beach, Florida, from the zip code 33160. Preference may be given to proposing banks with a principal Branch office within the city limits of Sunny Isles, Beach. c. The Proposer must have received an unqualified opinion in its audited financial report for each of the last two (2) years. Proposer must provide a copy of the opinion with Firm’s response. d. The Proposer must have at least five (5) years’ experience having provided the scope of services as outlined in the RFP and provide details of this experience. The City will review the bank’s incorporation date filed on Sunbiz.org by month and year. As of the submittal due date is the period of time counted for the five-year experience. e. The Proposer shall provide reference letters for five (5) verifiable clients with a minimum of three (3) municipalities/local governments,for projects of similar scope as outlined in this RFP. Please ensure the contact information provided is up to date and accessible. Proposer must complete the Questionnaire Form # 22 to meet this requirement. f. The Proposer must submit most recent audited financial statements to substantiate the financial stability of the Proposer. Please note, financial statements are exempt from public records request. From this report, please indicate its effective date and amount of capital and surplus for your institution. Capital $ _____________________________ Surplus $ _____________________________ Total $ ___________________________ Date: 2.4 TERM OF CONTRACT This contract will commence on the first calendar day of the month succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the agreement; and contingent upon the completion and submittal of all required proposal documents. The projected start date is no later than October 1, 2024, after commission approval and, if necessary, including the 90-day transition period. The contract shall remainin effect for an initial term of five (5) years, 4/25/2024 Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements 9.8B 659.7M $10.5B RFP 24-06-01 BANKING SERVICES 12 provided that the services rendered by the successful Proposer during the contract period are satisfactory. In the event services are scheduled to end because of the expiration of this contract, the Vendor shall continue the service upon the request of the City. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The successful Proposer shall be compensated for the service at the rate(s) in effect when the City invokes this extension clause. 2.4.1 OPTIONS TO RENEW Prior to, or upon completion, of that initial term, the City shall have the option at its sole discretion to renew this contract for an additional five (5) year period. This could result in a ten (10) year agreement. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index for “All Urban Consumers for Miami-Fort Lauderdale, FL” as published by the U.S. Department of Labor Statistics for the twelve (12) months ending September of each year to be effective for the next contract period. It is the successful Proposer’s responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor’s request for adjustment should be submitted 90 days prior to expiration of the then current contract term. The successful Proposer’s adjustment request should not be in excess of the relevant pricing index change. If no adjustment request is received from the successful Proposer, the City will assume that the Proposer has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City reserves the right to negotiate lower pricing for the additional term(s) based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional term(s) based on the downward movement of the applicable index. The City reserves the right to reject any price adjustments submitted by the successful Proposer and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the bank. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. Should the successful bank decline the City’s right to exercise the option period, the City may consider the bank in default which may affect that bank’s eligibility for future contracts. 2.5 METHOD OF AWARD The City anticipates entering into an agreement with the proposer(s) who will be the most responsive, responsible proposer whose proposal is determined to be the most advantageous to RFP 24-06-01 BANKING SERVICES 13 the City and in accordance with the criteria established in the RFP. The proposal must provide clear and concise information of the Proposer’s capability to satisfy the requirements of the RFP. If, in the opinion of the City, the awarded firm is deemed non-satisfactory to the city’s requirements and performance specifications, as described herein, the City reserves the right to terminate the contract per the termination of contract provisions. In addition, the city reserves the right in its best interest to re-award to the next approved Proposer or to review its needs to re-solicit. See section 4 of this solicitation. 2.6 PRICE The prices proposed by the selected vendor shall remain fixed and firm during the term of the contract. The awarded proposer agrees to keep this offer open for acceptance for One Hundred Twenty Days (120) after the dateof opening the proposals. Proposer must use Attachment A- Cost Proposal. 2.7 FINANCIAL INSTITUTION FIDELITY BOND A Financial Institution Fidelity Bond for employee dishonesty on a Blanket Basis will be required upon execution of the contract by the successful firm and City of Sunny Isles Beach. The bond shall be endorsed to cover “Third Party” liability including a third-party beneficiary clause in favor of the City of Sunny Isles Beach. The bond shall include a minimum of twelve (12) month Discovery Period when written on a Loss Sustained Basis. 2.8 INSURANCE Upon City’s notification, the Firm shall furnish to the City Manager or his designee, Certificates of Insurance that indicate that insurance coverage has been obtained, which meet the requirements as outlined below: 2.8.1 Comprehensive General Liability Insurance Firm shall be required to purchase, maintain, and keep in full force, effect, and good standing, Comprehensive General Liability with primary limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate during the initial and any renewal term of this Agreement. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and Ongoing Completed Operations – on a primary and non- contributory basis including waiver of subrogation on behalf of the City of Sunny Isles Beach. Independent Contractors Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific Contract, including Amerant meets these requirements, a certificate of insurance will be provided upon awardance. Amerant can comply with these requirements Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 14 any hold Harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 2.8.2 Umbrella Insurance (Follow-form) Firm shall be required to purchase, maintain, and keep in full force, effect, and good standing, Umbrella Liability Insurance above the primary commercial general liability, automobile liability, and employers' liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. 2.8.3 Worker’s Compensation Insurance Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. Firm agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 2.8.4 Business Automobile Liability Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles; Hired and Non-Owned Vehicles; Employers’ Non-City ship. Before starting the Work, the will file and make sure that all certificates of insurance required by this document and by the Contract are in the City’s possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City by certified mail. The City shall be named as an additional insured on the above-referenced policies. The agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub-Contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. RFP 24-06-01 BANKING SERVICES 15 2.8.5 Information Security/Cyber Liability Insurance Information Security/Cyber Liability Insurance with a minimum of $2,000,000 per occurrence written on a Claims-Made basis covering City, its employees, subcontractors, and agents for expenses, claims and losses resulting from wrongful acts committed in the performance of, or failure to perform, all services under this Agreement, including, without limitation, claims, demand and any other payments related to electronic or physical security, breaches of confidentiality and invasion of or breaches of privacy. Information Security/Cyber Liability Insurance shall include Internet Media Liability including cloud computing and mobile devices for protection of private or confidential information whether electronic or non-electronic, network security and privacy, privacy against liability for system attacks, digital asset loss, denial or loss of service, introduction, implantation or spread of malicious software code, security breach, unauthorized access and use; including regulatory action expenses and notification and credit monitoring expenses. 2.8.6 Professional Liability / Errors and Omissions Coverage Professional Liability Insurance at a minimum of $1,000,000 per occurrence and in aggregate. Coverage shall include all claims arising from the Contractor’s operations or premises, any person directly or indirectly employed by the firm, and the Firm’s obligations under indemnification under this contract. The Firm acknowledges that the City is relying on its competence to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to the Firm’snegligent errors or omissions, the Firmshall promptly rectify them and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions at no cost to the City. 2.8.7 Cancellation and Re-Insurance: All policies shall be endorsed to provide sixty (60) days prior written notice of cancellation, non- renewal or reduction in coverage or limits to: City of Sunny Isles Beach – Purchasing Division Purchasing Manager 18070 Collins Avenue Sunny Isles Beach, Florida 33160 purchasing@sibfl.net If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall notify the City of Sunny Isles Beach immediately and the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor and must be approved by the RFP 24-06-01 BANKING SERVICES 16 City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE. The successful Proposer shall comply with all federal, state, and local ordinances, regulations, and rules as well as any other laws that would apply to the proposed project. The Proposer’s costs associated with regulatory requirements shall be included in the project cost whether depicted specifically or not within the body of the proposal. 2.9 E-VERIFY Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security’s E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e- verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. 2.10 PUBLIC RECORDS LAW IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF SUNNY ISLES BEACH 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL 33160. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT (305) 792-1703 OR VIA EMAIL AT MBetancur@sibfl.net. END OF SECTION Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 17 SECTION 3 SCOPE OF SERVICES / TECHNICAL SPECIFICATIONS 3.1 BACKGROUND The City of Sunny Isles Beach is located on a barrier island in the northeast corner of Miami-Dade County, bounded by the Atlantic Ocean on the east and the Intracoastal Waterway on the west. The City has experienced a major redevelopment renaissance on the east side of Collins Avenue, the main thoroughfare. To the west of Collins Avenue, the City is building parks, improving the infrastructure, and laying the groundwork for future redevelopment. The City has a diverse population of approximately 23,000 residents and almost one million vacationers visit Sunny Isles Beach annually. 3.2 SCOPE OF SERVICES The purpose of this Request for Proposal is to contract with a single bank that can offer the highest quality of service at the lowest cost to the taxpayers. There are several services which are required as part of this RFP. All services must be included in the proposal for it to be considered. It is the intent of the City to select one financial institution to provide full banking services for all City funds. The list below is a general overview and may not be all inclusive of the City’s banking services required. In addition, where applicable, the City has indicated new or additional services it will consider. The City currently has nine (9) merchant accounts with TD Bank. General Overview of Banking Services Operating Account Automated Clearing House (ACH) Accounts Payable Account (ZBA)Wire / Funds Transfers Payroll Account (ZBA) Information Reporting Merchant Services Account (ZBA) Account Reconciliation Money Market Account Return Items Online Banking/Treasury Management Positive Pay Online Retrieval of Check and Deposit Images Remote Deposit Capture Business credit cards Electronic vendor payments (e-payables) RFP 24-06-01 BANKING SERVICES 18 A. Detailed Requirements 1. Online Account Access The bank shall provide a secure, web-based solution that will allow the City online access to all City bank accounts. The system will enable the City user to communicate with the bank, download and archive information, provide daily reporting, facilitate viewing and printing of the front and back of cleared checks, deposit slips, individual deposit items, etc., execute online stop payments, perform wire transfers, and access detailed ACH information. Preferably, all activities should be done on one central online website. If not, please submit a list of the different online sites they use for each service type (i.e., fraud control, online treasury, ACH control, deposits, etc.) The City currently utilizes an internet-based treasury management system to view and print daily balances and detailed transactions for its accounts. The City wishes to continue utilizing this type of treasury management system. The treasury management system will also allow for user security levels to be set up by a system administrator to access its features. The bank must have the ability to provide the City with access to online balance and account activity reporting with the following minimum prior day and current day information: a. Closing ledger balance b. Collected balance c. One (1) day float d. Two (2) days float e. Total credits f. Number of credits g. Total debits h. Number of debits i. Opening ledger balance j. Opening available balance k. Current available balance Individual activity amounts and descriptions to include, but not limited to, the following: i. Deposits ii. Wire transfers (incoming and outgoing) iii. ACH transfers (incoming and outgoing) iv. Internal Bank account transfers v. Other bank credits and charges vi. Individual check amounts paid along with corresponding check numbers and date cleared. Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 19 2. Other a. The City has Edmunds & Associates MCSJ financial systems management software package. The successful bank shall demonstrate past experience with integrating with the Edmunds system or a comparable system in the following ways: i. Electronic processing of Positive Pay files ii. Electronic processing of check reconciliation files iii. Export and import of ACH electronic payment files b. The demonstrated experience must include accepted Edmunds MCSJ accepted file layouts, statement showing banking systems accept standard Edmunds exports, and listing of previous customers using banking services with Edmunds MCSJ system or a comparable system in each instance. B. Bank Accounts The City currently maintains one operating account (depository), a secondary merchant account, one money market account and two (2) zero balance (ZBA) accounts. 1. Operating Account a. This account is used for check and cash deposits and other activity to include, but not limited to, incoming and outgoing wire transfers, incoming and outgoing ACH transactions, and other electronic credits and debits. It’s also used for any return item charge backs. This is the main account to which the zero balance accounts are linked. b. The proposer will provide the interest rate offer for this account as well as discuss any other options to gain a higher yield with limitations governing those options such as maximum monthly withdrawals, minimum balances to be maintained, etc. c. The proposer will describe its process for FDIC charges and whether the proposer plans on passing these fees to the City. 2. Secondary account – Merchant This account is used for credit card deposits only. The City currently has nine (9) merchant accounts all held with TD Bank. 3. Money Market Account This account is used for a small percentage of deposits of excess cash, and it is an interest-bearing account. The proposer will advise of the money market interest rate and any additional options to maximize interest earnings. Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 20 4. Zero balance account – Accounts Payable This account is used solely for all check payments to vendors. The funds are swept into or out of this account to or from the Operating account. 5. Zero balance account – Payroll This account is used solely to process payroll disbursements to employees. The funds are swept into or out of this account to or from the Operating account. The City reserves the right to open additional accounts during the contract period. Proposers must indicate documents required to open a new account. C. Availability of Funds The Awarded Bank agrees to credit the City’s Operating Account for Incoming EFT’s the same day regardless of the time of receipt during the day. D. Deposit Processing and Remote Deposit Capture 1. The bank will provide the ability to deposit checks using remote deposit capture. A check scanner and appropriate software will be provided to the City to digitally capture the check images for deposit. The deposit will be balanced, and an electronic deposit slip created. The file would then be transmitted to the bank through a secure website for posting to the City’s operating account. Proposer shall describe its remote deposit capture services to include related costs to the City. 2. The Proposer will specify the requirements for depositing checks and currency along with its availability schedule for deposited items: cash, in-state checks, out-of-state checks, foreign checks, etc. The bank will allow deposits with an attached breakdown of individual checks rather than itemizing each check on the deposit slip. E. Foreign Check Deposits The City receives Canadian and other foreign checks for payment of building permits and other services. Canadian and foreign checks will be deposited in U.S. dollars on the day of deposit. A foreign exchange adjustment will not be permitted. F. Cashing Petty Cash Checks The bank will cash petty cash checks at no charge to the City or employee cashing the check. The bank will require that the employee present a current City issued identification card to cash petty cash checks. Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 21 G. Information Reporting 1. The Proposer shall describe the types of information reporting their internet-based treasury management system provides (i.e. cash balances, ACH debits and credits, wire transfers, reconciliation, positive pay decisions, stop payments, account activity, etc.). 2. The Proposer will provide details regarding how far back data is warehoused, how many business days the data is stored in the reporting system and available for the City to access for the types of data listed above. 3. The Proposer will provide a sample of their daily online reporting format. H. Bank Account Statements and Reconciliation 1. Bank statements for all City accounts will be provided monthly at the end of each calendar month. Statements shall be delivered no later than seven (7) banking days after the end of each calendar month, preferably in an electronic format. Statements will contain images of the front and back of the cleared checks, sorted by check number. All the information shown in the statement will be accessible through an internet-based treasury management system and be able to be downloaded into an Excel or csv format. In addition, the City requires that cancelled check images (front and back) be provided on CD-ROM in a searchable format. 2. The City requires the bank to provide a full account reconciliation program for the Accounts Payable account. The information provided should include the check number, amount of the check, and date the check was paid. This information should be available immediately at the month-end in excel or text file format. 3. Debit and credit advices are to be issued for deposit discrepancies within 24 hours of deposit. I. Overdraft If the total amount of checks and/or other payments exceeds the available balance of the Operating Account or any other non-linked City account, the Proposer agrees to pay all checks presented for payment. The Proposer will notify the Finance Director or City Manager immediately so that corrective action may be taken. Proposers must provide information regarding overdraft protection as well as any assessment of fees. J. Stop Payments 1. The bank agrees to accept stop payment orders online utilizing an internet-based treasury management system. If the respective check is unpaid, the bank will provide online confirmation of the stop payment order as well as follow up with written confirmation. The Bank shall be responsible for any item cashed if the item was confirmed as a stop payment as of a specific date and is subsequently cashed by the Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 22 bank. 2. A cancellation of a stop payment order will be handled in the same manner. 3. Proposers will indicate to the City in their proposals the period in which a stop payment order remains in effect. 4. Each Proposer will also indicate whether a cost-effective electronic online process is available for stop payment orders. K. Deposit Returned Items All returned checks due to insufficient funds or other reasons will NOT be automatically re- deposited a second time. Instead, these checks will be returned to the City’s Finance Department. The bank will provide the ability to access online return checks for the Operating account to include an image of the check returned. The bank will also provide the ability to retrieve a history of returned items. L. Wire Transfers The bank will provide the City same day wire transfer service for outgoing transfers and accept incoming transfers into the account for immediate credit. The City transfers money via wire transfer using both repetitive and non-repetitive wires. Both repetitive and non-repetitive wire transfers will be done utilizing an internet-based treasury management system. The Proposer will provide its cut-off deadline for same day outgoing wire transfers. M. ACH Files/Transfers 1. The bank will provide the City the ability to receive and send Automated Clearing House (ACH) transfers / files utilizing an internet-based treasury management system. The Proposer will provide the timeline for ACH transfers, including deadlines, timing of receiving deposits and withdrawals from disbursement accounts using the ACH system. 2. Payroll Direct Deposit - The City is on a bi-weekly payroll basis, covering an average of 300 employees every other Friday. The net payroll amounts to approximately $850,000 ($650,000 net payroll / $200,000 tax liability). Currently, all employees have direct deposit; however, there may be an occasional check issued to an employee in lieu of or in addition to a direct deposit. The Proposer will provide details of how their bank administers a direct deposit payroll program, including, but not limited to: a. Procedures for receiving electronic payroll, including transmission deadlines for direct deposit ACH files and description of when funds are debited from the City’s account. b. Details on how to handle a void and reversal of an individual direct deposit item. Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 23 c. Details on whether it is possible to reverse or cancel an ACH file and the appropriate procedures that apply. 3. Electronic Vendor Payments - The City wishes to implement electronic payments to its vendors for their outstanding invoices. The Proposer shall include a description of the system and bank’s process used to accommodate this feature, provide an implementation plan to assist the City, provide the associated costs, indicating any requirements and initial and ongoing marketing efforts provided by the bank to encourage sign up by vendors. N. Banking Supplies The bank will provide all necessary banking supplies, including but not limited to, tamper- proof disposal style deposit bags, deposit slips (two-part carbonless), deposit stamps, coin wrappers and envelopes at no charge to the City. If the bank is unable to provide these items free of charge, a list of any fees assessed for these items must be included in the proposal. The City reserves the right to obtain supplies from a vendor other than the depository bank if supplies are not provided as needed in a timely manner. O. Bank Collateralization of City Funds Deposits are to be collateralized as required by Chapter 280, Florida State Statutes. Each proposing bank shall provide their specific collateralization guidelines, if they vary from the statutory requirements or require additional explanation. P. Disaster Recovery The bank shall provide information regarding their disaster recovery plan including a specific plan related to serving the City in the event of disaster. A contact name and phone number are to be provided for service 24 hours a day and 7 days a week. Q. Positive Pay The bank will provide Positive Pay to ensure the City’s protection and security against fraud and theft. The City will transmit check files bi-weekly on Wednesdays for payroll disbursements and weekly on Fridays, or more frequently, if necessary, for accounts payable disbursements. The bank shall have the capability to accept an uploaded file from the City’s accounting system as well as manual entries into the Positive Pay software for checks issued during interim periods. The Proposer shall provide details of the bank’s process as it relates to this system and discuss alternative procedures should the City be unable to transmit the file electronically (i.e. during a disaster). The bank will contact the City via phone or email if the City has not provided instruction to pay or return a check prior to the Positive Pay cut-off deadline. The file that is sent to the bank includes the check date, check number, payee and amount. Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 24 R. Credit Cards Processing The City currently has TD Bank as its merchant processor. Please provide any relevant information on these services. S. Armored Car Service 1. The bank will provide services necessary for the City to utilize an Armored Courier Service for pick-up of the City’s deposits for same day deposit. Pick-up will be daily at one location within the City, as follows: City Hall, Finance Department, 4th Floor, 18070 Collins Avenue – Deposits from this location are to be picked up for same day credit on select days in which the City is open for business. Frequency of pick-ups has not been determined yet. Proposer shall provide the latest time each day deposits can be picked up for same day credit and the fee structure based upon every day, every other day and intermittent frequencies. 2. Each and every deposit pick-up will be receipted for by signature in a City maintained logbook. 3. The armored courier service company will service the pick-up location and keep current photo identification and signature samples of each and every person assigned to pick up such deposits from the designated City location. This provided documentation will be relied upon by the City for turnover of such deposits. 4. The Proposer must state in the proposal if there are additional charges assessed to the City for deposits greater than a certain dollar amount. 5. A credit will be applied to the City’s charges on the analysis statement in the event that the courier fails to pick up at the designated time and location. T. Emergency Services and Cash 1. The bank shall be prepared to deliver banking services within twenty-four (24) hours of a disaster event (hurricane, tornado, wildfire, flood, etc.). The bank shall provide information regarding their disaster recovery plan, including specific plans related to servicing the City, in the event of a disaster. The bank shall provide a listing to the City semi-annually of bank contact names, phone numbers, and physical location to be available to assist in the event of an emergency. 2. The City may request a large amount of cash in the event of an emergency. Requests for such funds are generally given within 48 hours’ notice but could be given as late as 24 hours’ notice. U. Business Credit Cards The City uses business credit cards for everyday purchases. There are currently five (5) active Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 25 credit card accounts assigned to departments. Proposer shall submit a description of the credit card programs it offers along with the respective program stipulations, any card incentives/rebates (i.e. rewards program, etc.) and any other card programs it offers along with the minimum spend requirements for these card programs provided. V. Costs of Account Maintenance The City will pay for banking services using an Account Analysis calculation, whereby the bank will bill for the quantity of services provided multiplied by a specific unit cost less an Earnings Credit. The bank will provide the City with a monthly account analysis statement for each account detailing activity volume versus associated unit costs, cost extensions and a summary analysis for all accounts combined. 1. Proposer shall provide a sample monthly analysis statement based upon the City’s Bank statement and Account Analysis statement for the most recent month. See ATTACHMENT Band ATTACHMENT C. The sample account analysis should include, at a minimum: a. Description of Service b. Target Average Collected Balance – minimum target daily balance which produces a monthly earnings credit sufficient to pay/offset monthly bank service fees. c. Earnings Credit Rate – the proposer will identify the index used. This rate should be fixed for the contract term. d. Monthly Earnings Credit e. Net Service Charge – total bank service fees less the Earnings credit f. Interest earnings rate on excess balances over minimum target balance W. Fee Structure Proposer is to complete ATTACHMENT A to include a comprehensive list of all fees associated with the services being requested in this Request for Proposal (RFP). All per item charges will remain fixed for the life of the contract and all optional renewal periods. However, in the event that any customer of the Bank, having comparable deposits and transaction volumes, negotiates a lower fee structure for these requested services or similar services, the Bank shall notify the Finance Director within thirty (30) days and shall extend the lower negotiated rate to the City retroactively to the first date the lower rate was offered to another customer. Should the Bank fail to provide the City the lower negotiated rate within ninety (90) days, the Bank shall be required to reimburse the City the difference between the amount the City was charged under its original contract and the amount the City would have been charged under the lower negotiated rate. Amerant can comply with these requirements Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 26 X. Confirmations The bank must agree to respond to audit confirmations and requests for data, at no charge, as needed from the Finance Department or its auditors. Proposer will provide a name and address for the audit confirmation letter. Y. Continuous Service The bank will maintain sufficient staff to support the City’s requirements on a continuing basis without interruption of service. Severe or repeated breakdowns of service for this reason will be cause for termination of the contract. The City requires that the bank designate one of its cash management services personnel who will act as liaison with the City for matters regarding its accounts. Z. Audit and Inspection of Records 1. The bank shall permit the authorized representatives of the City to inspect and audit all data and records of the bank, if any, relating to the performance under the contract. Such data and records shall be preserved by the bank as required by applicable regulatory bodies. 2. In addition, the City will be provided with information in order to access electronic quarterly and annual financial reports which indicate the financial soundness of the institution. AA.Transition Plan Proposer shall describe their conversion plan to transfer assets of the City to their bank. Include information regarding lead time necessary before the contracts can be implemented and include plan details for educating and training City employees in the use of the bank’s systems. Proposer shall provide a timeline schedule for full implementation, of which, should be at no cost to the City. BB. Employee Benefits 1. The bank will cash payroll checks for City employees at no cost whether they have an account with the bank or with another financial institution. 2. Proposer shall describe incentives it would provide to City employees who have accounts with their bank and/or participate in payroll direct deposit or who wish to open a new account with their bank (i.e. free checking) and other programs offered that may be beneficial to City employees. CC. Service Enhancements Proposer shall describe and provide any new financial services that may be considered for further improving the effectiveness of the City’s treasury management operations that are Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements Amerant can comply with these requirements RFP 24-06-01 BANKING SERVICES 27 not otherwise addressed herein and include related Costs to the City. END OF SECTION RFP 24-06-01 BANKING SERVICES 28 Section 4 EVALUATION PROCESS 4.1 Review of Proposals For Responsiveness Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the solicitation. A responsive proposal is one which follows the requirements of this solicitation: that includes all documentation, submitted in the format outlined in this solicitation, of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the proposal being deemed non-responsive. The city reserves the right to request additional information. The Proposer must also be prepared to submit on the City’s request, within (3) three calendar days of the request, further evidence as to the qualifications such as financial data, previous experience, and/or evidence of legal qualifications to perform the work. 4.2 Qualifications Criteria The recommendation(s) for award shall be made to the City Commission, by the City Manager, to the responsible responsive Proposer(s) whose proposal is highest rated by the Evaluation Committee. ITEM # EVALUATION CRITERIA MINIMUM QUALIFICATION REQUIREMENTS (MQRs) – this criterion has no points. If your Firm does not provide all the required MQRs information, your Firm’s proposal will not be reviewed/evaluated, and your Firm’s submission will be disqualified. MAXIMUM POTENTIAL POINTS MINIMUM QUALIFICATION REQUIREMENTS SECTION 2.3 PASS OR FAIL 1.PERSONNEL EXPERIENCE AND QUALIFICATIONS: Banking Experience and Financial Stability. Include a copy of any and all professional licenses and certifications as required to perform the services described herein and of the professional licenses for each team member. Provide relevant experience and qualifications of key personnel (i.e. designated representative, project manager, etc.), including key personnel of subcontractors, that will be assigned to the City’s accounts and experience and qualifications of subcontractors, if applicable. 20 2.PROJECT APPROACH: Bank’s ability to provide the type and quality of services requested. State of the Art Technology – On-line Services/Information Reporting Capabilities. Transition Plan - Approach and Methodology from contract commencement to full implementation. Management Policies and Customer Service Structure. Submit any additional information that would assist the City in the 30 RFP 24-06-01 BANKING SERVICES 29 evaluation on your proposal. Overall organization to completing the project. Ability to meet desired timelines and deadlines. Sensitive Data protection support 3.REFERENCES: References are required as a component of due diligence to determine the capability of the proposing Firm to be able to perform the required services. 20 4.PRICING AND FEES (TO BE COMPLETED IN ATTACHMENT A): Pricing, Fees and Interest Earnings/Earnings Credit Rate. 30 TOTAL POINTS 100 4.3 PRESENTATIONS: The Evaluation Committee may select proposers to conduct oral presentations. Oral presentations may be scheduled with the Firm(s) as requested by the Evaluation Committee. The oral presentations are exempted from the public meeting requirements of s. 286.011 F.S., however will be recorded for public record purposes in accordance with sec. 119.07(1) F.S. as amended. 4.4 Negotiations The City may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Proposer’s best terms from a monetary and technical standpoint. Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a contract, the City reserves the right to terminate negotiations and may, at the City Manager’s or designee’s discretion, begin negotiations with the next lowest responsible and responsive proposer. This process may continue until a contract acceptable to the City has been executed or all proposals are rejected. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. Any Proposer recommended for negotiations may be required to provide to the City: a) Two years of its most recent certified business financial statements as of a date not earlier than the end of the Proposer’s preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for material change in the financial condition. b) Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of services to be rendered herein, in which the Proposer, any of its employees or subcontractors is or has been involved within the last three years. RFP 24-06-01 BANKING SERVICES 30 4.5 PRICE EVALUATION The price proposal should include all components of specifications provided. It shall be evaluated subjectively in combination with the qualifications provided, including an evaluation of how well it matches Proposer’s understanding of the City’s needs described in this solicitation, the Proposer’s assumptions, and the value of the proposed services. The pricing evaluation is used as part of the evaluation process. The City reserves the right to negotiate the final terms, conditions and pricing of the contract as may be in the best interest of the City. END OF SECTION RFP 24-06-01 BANKING SERVICES 31 SECTION 5 PROPOSAL FORMAT 5.0 ELECTRONIC PDF PROPOSAL FORMAT The Proposal must contain an original signature. Be sure that the individual signing the Proposal is authorized to commit the Proposer's organization to the Proposal as submitted. Each page of the Proposal should state the name of the Proposer, the RFP number, and the page number. The City reserves the right to request additional data or material to support Proposals. All material submitted in response to the RFP will become the property of the City. The City retains the right to request any additional information pertaining to the Proposer's ability, qualifications, and procedures used to accomplish all work under the contract as it deems necessary to ensure safe and satisfactory work. LABEL EACH SECTION AS NUMBERED The proposal must be in the following format. 1.Minimum Qualification Requirements (MQRS) Firms must read the MQRs first to ensure your firm meets these requirements in order to provide a response to this RFP. Firms that do not meet all the MQRs stated will be determined non-responsive and disqualified from the evaluation process and will not be considered. Proposer must provide all MQRs as requested, in addition to the information requested below. 2. Transmittal Letter A letter of transmittal, signed by an authorized officer of your company, briefly stating the Proposer’s understanding of the services to be performed and a positive commitment to perform the services described herein. Provide the name(s) of the person(s) who will be authorized to make representations for the Proposer, their titles, office and E-mail addresses and telephone numbers. 3.Company Information In response to this Proposal, all Proposers must provide the following: Name of Financial Institution (including any "Doing Business As" names) Headquarters and local Branch Locations Internet Web Site Address (if any) Details of Entity Business Structure (Corporation, Partnership, LLC) Date Founded Headquarters address and telephone number, and local branch address and phone number Proof of insurance Indication of how long it would take to implement service after authorized to begin List of any outstanding litigation that would threaten the viability of the firm or the performance of this contract RFP 24-06-01 BANKING SERVICES 32 Financial Stability of the Bank along with audited financial statements 4. Personnel Experience and Qualifications Provide an explanation of why the Proposer is the best qualified to perform the contract and demonstrate its qualifications including an item-by-item disclosure outlining how the firm meets or exceeds the requirements of this RFP. The proposal should give a description of the firm, including the size, range of activities, etc. and emphasize how the firm-wide experience and expertise in this type of project will be brought to bear on the proposed project. Include organizational chart with local, district, and corporate levels for Proposer. Describe how the organizational structure will ensure orderly communications, distribution of information, effective coordination of activities, resource management, accountability, and decision-making authority. Describe the designated team representatives who are technically competent to assist the College in all activities associated with the service and maintenance of this account. The composition of the team should include: The names of the employees in the area responsible for this contract Their function in the company The name of the person who will be responsible for the coordination of work through to implementation. 5. Approach / Methodology Proposers approach methodology to providing the services requested in this solicitation, including but not limited to: Clearly describe the ability to perform the scope of services proposed including a work plan, an explanation of methodology to be followed to perform the services required of this proposal Management Policies and Customer Service Structure Overall organization to completing the project Ability to meet desired timelines and deadlines Submit any additional information that would assist the City in the evaluation on your proposal. 6. Pricing and Fees Provide a schedule of proposed services and fees including earnings credit rate and, if applicable, interest rate on excess balances (amount that exceeds target minimum balance that produces a monthly earnings credit sufficient to pay/offset all service fees each month). The Proposer must complete ATTACHMENT A and submit it with their proposal. Each firm shall submit in their price proposal and any pricing conditions or contingencies must be clearly stated. RFP 24-06-01 BANKING SERVICES 33 7. References The Proposer shall provide reference letters for five (5) verifiable clients with a minimum of three (3) municipalities/local governments, for projects of similar scope as outlined in this RFP. Please ensure the contact information provided is up to date and accessible. Proposer must complete the Questionnaire Form # 22 to meet requirement. 8.Contract Forms All completed contract forms. 9. Questionnaire Form Must complete form. 10. Exceptions List any exceptions to be taken to the scope and/or Terms and Conditions within this RFP. END OF SECTION RFP 24-06-01 BANKING SERVICES 34 PROPOSAL QUESTIONNAIRE FORM Any questions that are not applicable Proposer to identify with a response of N/A (not applicable) Please provide answers to questions below as an attachment if it cannot fit on this page. Name of person completing questionnaire: Title: 1. Type of Bank (Federal or State Charter): ________________________________ 2. Is your Bank a member of NACHA? Yes No 3. Deposits Federally insured up to . 4. Is your bank an Equal Opportunity Lender? Yes No 5. Authorized Florida Qualified Public Depository? Yes No 6. Please describe in detail your ability to provide remote deposit capture services. Include all benefits, processing procedures, deadlines, return items, safekeeping and destruction guidelines and indemnification. (costs to be identified on the proposal form) Address the liability for illegible images. 7. How will the Proposer return validated deposit receipts to the City for night deposits? In what time frame? 8. What is the Proposer’s notification and adjustment process for counterfeit bills and fraudulent checks? 9. Safekeeping Services The Proposer may be required to act as custodian of the City's investment securities. For safekeeping purposes, the Proposer would be required to evidence custody by providing an original non-negotiable safekeeping receipt. How would the City be compensated for a failed security due to the Proposer’s actions as it relates to Safekeeping Services as fully detailed in the Scope of Services? 10. The Proposer will furnish the City an Availability of Funds Schedule for the clearing of deposits. The schedule shall contain the latest time of the day for deposits to incur the least number of days for clearing each of the following deposit items: Please provide the availability of funds schedule for clearing of deposits. Checks drawn on: A. The Selected Bank (on-us items) B. Local (Palm Beach County) Checks C. State Checks RFP 24-06-01 BANKING SERVICES 35 D. U.S. Governmental Checks E. Interstate Checks F. Do you provide for fractional availability? If YES, provide explanation G. Credit card deposits. 11. Electronic Funds Transfer: Describe the services you provide for the payment to vendors through the Automated Clearinghouse by means of electronic funds transfer. (If additional space is required, please include as an appendix to your proposal.) Include a description of the services you are able to provide in implementing an ACH program. 12. Direct Payroll Deposit: Provide details of how your bank administers Direct Payroll Deposit Programs. Is there a limitation as to participating financial institutions? In what form and timeframe would you need the information regarding the City's employees and their respective account numbers, payroll amounts, and identification numbers? Provide details on how voiding and reversal of individual direct deposit ACH items are handled. Indicate If it is possible to reverse or cancel an ACH file, and the appropriate procedures and rules applicable. 13. Lockbox Service: Provide detail process of lockbox service. 14. Other Innovations: Propose any new financial services, plans or practices deemed to be in the best interest of the City not otherwise addressed in this proposal. Any fees for these services to be included in the Fee Proposal section “Future Services”. 15. Business Operations- Banking Services Only A. What is the largest volume of paid items your bank processes in one month for a single commercial account? B. What is the largest volume of deposit items your bank processes in one month for a single commercial account? C. Describe your wire transfer department. Where is it located. Who manages it. What is your normal cut-off time for outgoing transfers? What is the Proposer’s policy in case of a wire transfer failure for which the City has confirmed receipt of instructions? How and when is the City notified of a failed wire transfer? What controls has the Bank put in place to prevent wire transfer fraud to prevent ACH and Wire Transfer fraud? RFP 24-06-01 BANKING SERVICES 36 What has been the Proposer’s experience with fraud in the wire transfer area? D. Describe your account reconciliation department. Where is it located. Who manages it? What is the timing for completion of reconciliations after receipt of input information from the customer? E. Should the City’s main accounts be the target of counterfeit drafts, what are your procedures to limit losses to all parties concerned and what is the effect and cost to the City? F. Describe your process for resolving deposit discrepancies, especially when cash is in question. G. Describe your method of applying pricing to governmental or exception type accounts. H. How do you lock in and maintain our banking fees into your billing system? What steps are taken to assure accurate billing each month per the final agreement rates. I. Describe the Proposer’s ability to make cash available before, during and after an emergency: J. Describe your Emergency Disaster Plan and assistance available to the City. Include time to restore based on type of disaster. K. Positive Pay: Detail if payee match is part of positive pay. When addressing positive pay, address procedure for verification when City is closed for business. 16. City Employee Banking Services Please describe if your organization offers any type of benefits to employees working for the City of Sunny Isles Beach. 17. Is there any disclaimer of liability required for use of your web based products? Identify products and response for each. 18. Security of Web Based Applications (Related to Banking Services) (Do not include products related to Merchant Services for this question) For each product available identify the product and detail the requested information as it relates to each Web Based Application proposed for the City to use. RFP 24-06-01 BANKING SERVICES 37 Web Based Application Name of Product: What application is this used for? A. Does session inactivity cause a sign-off? After how long? B. How are form entries protected against common attacks like SQL injection, buffer overflow, Cross-site scripting, etc. C. What web server software are you using? D. What internet browsers is your software compatible with? Are there any exceptions or limitations? E. Describe procedures to test and install manufacturer’s security patches when issued. F. Do your web based applications conform to “Open Web Application Security Project” (OWASP) Standards? http://www.owasp.org. 19. If our agency anticipates using an armored car service. Please detail the armored car procedures with your institution. 20. Qualifications and Experience of Staff Proposer to provide in detail qualifications and experience of the specific staff to be assigned to the City’s account, to demonstrate their ability to effectively perform the services outlined. Managers and other project staff may only be changed with the express prior written permission of the City of Sunny Isles Beach. The City of Sunny Isles Beach retains the right to approve or reject replacements. For each individual, attach a resume or qualifications summary that includes the following information: Description of the individual’s background Description of individual’s work experience including all past employment 21. List of Proposed Subcontractors/Subconsultants The undersigned proposer hereby designates, as follows, all major subcontractors whom they propose to utilize for the major areas of work for the project. The proposer is further notified that all Subcontractors shall be properly licensed and shall be required to furnish the CITY with a Certificate of Insurance in accordance with the contract general conditions. Failure to furnish this information may be grounds for rejection of the proposer’s proposal. (If no subcontractors are proposed, state “None” on first line below.) Name and Address of Subcontractor Scope of Work/Phase(s) NoneNone RFP 24-06-01 BANKING SERVICES 38 22. Professional References The Proposer shall provide reference letters for five (5) verifiable clients with a minimum of three (3) municipalities/local governments,for projects of similar scope as outlined in this RFP. Please ensure the contact information provided is up to date and accessible. Failure to furnish this information may be grounds for rejection of the proposal. Name of Firm, City, County, or Agency Contact: Telephone No: Email: Scope of Work: Name of Firm, City, County, or Agency Contact: Telephone No: Email: Scope of Work: Name of Firm, City, County, or Agency Contact: Telephone No: Email: Scope of Work: Name of Firm, City, County, or Agency Contact: Telephone No: Email: Scope of Work: City of Miami Springs Christopher Chiocca (305)805-5019 chioccac@miamisprings-fl.gov Boca Raton Airport Authority Clara Bennett (561)391-2022 clara@bocaairport.com Board of County Commissioners Palm Beach John Burford (561)355-2960 JBurford@mypalmbeachclerk.com The Florida Panthers Michael Romano (954)835-7023 romanom@floridapanthers.com RFP 24-06-01 BANKING SERVICES 40 DemandStar.com SECTION 6 PROPOSAL SUBMITTAL FORMS OPENING: 11:00 AM 07/09/2024 PLEASE QUOTE PRICES CITY IS TAXED EXEMPT, DELIVERED TO CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Date issued: 06/05/2024 Sealed proposals are subject to the Terms and Conditions of this Request for Proposals and the accompanying proposal Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, on DemandStar until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Proposal Submittal Requirement. RFP 24-06-01 Banking Services A Financial Institution Fidelity Bond for employee dishonesty on a Blanket Basis will be required upon execution of the contract by the successful firm and City of Sunny Isles Beach. The bond shall be endorsed to cover “Third Party” liability including a third party beneficiary clause in favor of the City of Sunny Isles Beach. The bond shall include a minimum of twelve (12) month Discovery Period when written on a Loss Sustained Basis. Banking Services FAILURE TO SIGN PAGE 42 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE RFP 24-06-01 BANKING SERVICES 42 BID SUBMITTAL FORM Bid Title: Banking Services The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Proposer accepts all of the terms and conditions of the Advertisement, Request for Proposal, or Invitation to Bid and Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposer agrees to submit other documents required by the Bidding Requirements within ten days after the date of the City’s Notice of Award. In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that: The Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. The Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Proposer. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham Bid; the Proposer has not solicited or induced any person, firm or corporation to refrain from Bidding; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. The City and the successful Proposer will establish completion times for each individual Work Item and the successful Proposer agrees that the work will be completed within the time frames agreed upon. Firm Name: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): _____________________________________________________________________________ Telephone No. _______________________________Fax No. _________________________ Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__ * (305)629-1259 EMax@AmerantBank.com Amerant Bank Inc. 220 Alhambra Circle, Coral Gables, FL 33134 1 8 4 6 9 3 35 9 RFP 24-06-01 BANKING SERVICES 44 ATTACHMENT A COST PROPOSAL Banking Services City of Sunny Isles Beach Annual Volume Cost Per Unit Total Cost FDIC Insurance Charge 81,040,000 -$ Account Maintenance 48 -$ Digital Express Deposit Correction 3 -$ Non Customer Check Cashing 24 -$ ACH Received Credits 4,492 -$ ACH Received Debits 549 -$ ACH Filter 313 -$ ACH Positive Pay Accounts 48 -$ ACH Notice of Change 1 -$ ZBA-Parent Acct Maint 12 -$ Zero Balance Sub Acct Maint 36 -$ ZBA Credit Transfer 680 -$ ZBA Debit Transfer 680 -$ Deposits Processed 964 -$ Checks Deposited 4,853 -$ Branch Cash Processing 162,435 -$ Remote Capture Checks Deposited 4,814 -$ Digital Express Monthly Maint 12 -$ Digital Express - Addtl Scanner 12 -$ Checks Paid 4,085 Return Checks Final Presentment 3 -$ 24 -$ 4 -$ 24 -$ 4,090 -$ 109 -$ CD ROM Services CD ROM-Img Maint 12 -$ CD ROM-Per Add Acct 36 -$ CD ROM-Image Per Item 4,085 -$ Total Cost Proposal ARP-Issue File Transmission ATTACHMENT A General Account Services Account Reconcilement Payee POS Pay Monthly RFP 2024-06-01 DESCRIPTION Comments ACH Services Note: Proposers are to complete the unit price and total monthly cost columns below. List any additional fees not referenced herein in the space provided, or in an attachment. Proposers may also submit their own file in hard copy excel format, along with a CD of the excel file to be included as part of the proposal submittal, as long as the analysis prepared, at a minimum includes the items below with unit price and monthly cost information. Depository Services ARP Paid Items Paper Disbursement Services Positive Pay Maint Positive Pay Return Item RFP 24-06-Page 1 Banking Services City of Sunny Isles Beach Annual Volume Cost Per Unit Total Cost Total Cost Proposal ATTACHMENT A RFP 2024-06-01 DESCRIPTION Comments Note: Proposers are to complete the unit price and total monthly cost columns below. List any additional fees not referenced herein in the space provided, or in an attachment. Proposers may also submit their own file in hard copy excel format, along with a CD of the excel file to be included as part of the proposal submittal, as long as the analysis prepared, at a minimum includes the items below with unit price and monthly cost information. Information Reporting Services Base Package Maintenance- Gold 12 -$ Transaction Record 6,000 -$ Transaction Record 5,729 -$ Online Accounts 36 -$ Online Accounts 24 -$ ACH Module Maintenance 12 -$ ACH Initiated 9,125 -$ Extended Image Search 12 -$ Online Security 24 -$ Online Security 177 -$ Book Transfer 3 -$ Wire Transfer Module 12 -$ Wire Out Domestic 137 -$ Issue/ Cancel Transactions 78 -$ Customer Maint Wire Templates 132 -$ ACH Batch Initiated 26 -$ Wire & Other Funds Transfer Services Wire IN-Domestic 30 -$ EFT Wire Notification Paper 167 -$ Other (newly added / additional services) Armored Car Service 120 -$ 5,200 -$ Bank Credit Cards 6 -$ -$ TOTAL PROPOSED ANNUAL COST (Written): Description Annual Volume Cost Per Unit Total Cost Attach additional sheets, if necessary -$ -$ -$ Charges for Any Other Services Not Listed Above - Itemize *********************************************************************************************** TOTAL PROPOSED ANNUAL COST estimated # of vendors paid annually include set up/implementation estimated pickups at 2-3x per week estimated # of cards Comments Electronic Vendor Payments RFP 24-06-Page 2 Banking Services City of Sunny Isles Beach Annual Volume Cost Per Unit Total Cost Total Cost Proposal ATTACHMENT A RFP 2024-06-01 DESCRIPTION Comments Note: Proposers are to complete the unit price and total monthly cost columns below. List any additional fees not referenced herein in the space provided, or in an attachment. Proposers may also submit their own file in hard copy excel format, along with a CD of the excel file to be included as part of the proposal submittal, as long as the analysis prepared, at a minimum includes the items below with unit price and monthly cost information. -$ -$ -$ RFP 24-06-Page 3 RFP 24-06-01 BANKING SERVICES 45 ATTACHMENT B BANK STATEMENTS RFP 24-06-01 BANKING SERVICES 46 ATTACHMENT C ACCOUNT ANALYSIS STATEMENT ATTACHMENT C ATTACHMENT C ATTACHMENT C City Ve ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C RFP 24-06-01 BANKING SERVICES 47 ATTACHMENT D RESPONDING TO AN ELECTRONIC BID Type text here RFP 24-06-01 BANKING SERVICES 48 AFFIDAVITS CONTRACTOR ANTI-BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 215.] each https://www.e-verify.gov/employers/enrolling-in-e-verify) Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ▶Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018)