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CONTRACT FOR BANKING SERVICES (5) ~ I CON T R ACT I " This Contract is entered into as of the 1st day of October, 1991, by and between the City of Clearwater, Florida, a municipal corporation, hereinafter called the "City", and Barnett Bank of Pinellas County, a Florida chartered bank, located at 1150 Cleveland street, Clearwater, Florida, hereinafter called the "Bank" : WIT N E SSE T H: WHEREAS, it has been deemed advisable to consolidate to the extent possible all cash resources of the City into accounts in one official depository bank to be selected by competitive bidding by the commercial banks in the City; and WHEREAS, the bid most advantageous to the City has been submitted by Barnett Bank of Pinellas County, which bank is engaged in the business of commercial banking in the City of Clearwater and is qualified to perform the required services; NOW, THEREFORE, the parties agree as follows: 1~ The Bank will perform the services called for in a proposal forwarded to the Bank under cover of a letter from the Purchasing Manager dated April 15, 1991, a copy of which letter and proposal marked "Exhibit AU are attached hereto, and by reference made a part of this Agreement as if fully rewritten herein, and the bid of Barnett Bank of pinellas County, marked "Exhibit B" attached hereto and by reference made a part of this Agreement as if fully rewritten herein. 2. The City, on its part, agrees to pay for services provided in the manner specified in "Exhibit B"~ 3. This Agreement will remain in effect for three years and may be renewed for additional three year periods by mutual consent of both parties~ Countersigned CITY OF CLEAR ~ CityMa' AU.." e.f~Z: !:Ln.- . ty Clerk . Approved as to form and correctness: ~ ~- ' City Attorney Witnesses: ~ht'A-;~7.i~<- ~~ e: ~~i{ . County By C'., 'j .../:,_/ 1- ,- "!.- , ~ 1 I "EXHIBIT B" CITY OF CLEARWATER BANKING SERVICES BID FORM BANK NAME: OFFICIAL SUBMITTING: TITLE OF OFFICIAL: TELEPHONE NUMBER:, BARNETT BANK OF PINELLAS COUNTY M. PHILLIP FREEMAN SENIOR VICE PRESIDENT (813) 892-1554 10. 1,1. 1. Bankinq Service Account Maintenance Estimated Monthly Activity 3 Unit Price 7.50 Monthly Cost 22.50 2. Account Reconciliation approx. 4,000 items .06 240.no 3. Items Paid 5,600 .08 418.00 4. Items Deposited 36,000 .05 1800.00 5. Coin sorting and counting $300,000 $4.00/thsnd. 1200.00 6. Lock Box Service (OCR Scanned) 30,000 .06 1800.00 "7 stop Payments 5 10.00 50.00 8. Wire Transfers 4 5.00 20.00 9. Investment Transactions 15 30.00 450.00 Safety Deposit Box 1 n/c n/c Returned Items/Rerun Items 60 1.00 60.00 12. ACH Items 300 .05 15.00 13. Deposits Credited unknown n/c n/c other Services: Lockbox items over 3% reject rate unknown .05 Note: Any additional services may be added subject to a mutually agreeable charge. TOTAL ESTIMATED MONTHLY FEES . $@rfi.:n other Quotations: Rate Quotation on Line of Credit: spread under Prime per bond rating and tax statl1$. Rate Quotation on Sweep Account: Federal Funds Rate minus 25 basis points. Type of Collateral for Securities Proposed For Sweep Account: U. S. Government Securities/Agencies. Third Party Holder for Collateral Securities for Sweep Account: Jacksonville Federal Reserve Statement of Capability: Our Bank can comply with all aspects of the City's Banking Service requirements. (Yes or No)~. (If no, list all exceptions on separate page.) Please refer to our cover letter. , 1 1 .' . ' . . . Barnett Bank 01 Pinellas Counly Pos I Office 80x12288 51. Pelersburg, Florida 33733.2288 June 3, 1991 Mr. George McKibben Purchasing Manager City of Clearwater 711 Maple Street Clearwater, FL 34615 Dear Mr. McKibben: Barnett Bank of Pinellaa County thanks you for the opportunity to submit our ProDosal for Bankinl! Services to the City of Clearwater in response to your Request for Proposal dated April 15, 1991. We understand and agree that award of these services to us would be under a three year contract, which will incorporate the above referenced request for proposal and this response. We are currently providing the banking services covered by the proposal and except as indicated in this response, we are able to comply with your specifications and requirements. Beginning this summer a third. party vendor will be used for retail lock-box processing with Barnett retaining full responsibility for service quality. Attached please fmd the Banking Services Bid Response Form and other required information, which should be reviewed in conjunction with this letter. Our bid is to be considered on an "all or none" basis. Recvcled Paper We regret that we are unable to comply with your requirements for the use of recycled paper. We .. understand, however, the importance oUhe issue "f recycling, and as an organization have initiated various measures to promote recycling. Lel!al Name Our legal name, address and telephone number is: Headquarters: Barnett Bank of Pinellaa County (a state chartered bank) One Progress Plaza (200 Central Avenue) St. Petersburg, Florida 33701 Telephone: (813) 892-1554 , 1 I ~ City of Clearwater June 3, 1991 Page 2 Main Clearwater Office: Barnett Plaza Office 1150 Clevehrnd Street Clearwater, Florida 34615 Telephone: (813) 539-9131 The City may utilize the above Clearwater location or arrangements may be made at the other eight branch offices located within the City of Clearwater (list attached). Coin deposits from the parking meters and bridge, however, should be delivered to Barnett's Cash Vault located at 4800 140th Avenue North, Clearwater. ColIaterallBank Ratinl! Barnett Bank ofPineUas County is an approved rmancial institution under the Public Deposit Act, Chapter 280, Florida Statutes. We currently are rated by Moody's Investor Services, a widely followed credit rating agency. These ratings are Prime _ 1 for short-term certificates of deposit and A2 for long-term certificates of deposit. Additionally, all 32 banks owned by Barnett Banks, Inc. have the same rating. It is important to note that under present law all Barnett Banks are hacked by the full strength of the entire organization. The latest call report for Barnett Bank of PineUas County and the latest aruma! report of Barnett Banks, Inc. is also included. Line of Credit Upon appropriate resolution by the City Commission, a line of credit of $1,000,000.00 would be made available to the City on mutually agreeable pricing and terms. The interest would be based on the Barnett Banks, Inc. prime rate as alljusted from time to time with a spread from prime based on the rmancial standing and bond ratings of the City, as well as the status as to taxability of interest payments_ Dru!! Free Workolace Although we have responded negatively to the Drug Free Workplace Form as specifically required by you, Barnett does have a comprehensive policy and program to address substance abuse and safety in the workplace, which encompasses the material requirements of your form. It includes notification and information to employees, reporting suspected violators, disciplinary measures including termination, participation in ass~tance and rehabilitative programs, and drug-screening for employment. , , I I ^ City of Clearwater June 3, 1991 Page 3 B!II1k ContaCt A listing of contact personnel is provided lIS requested for various services. Final responsibility for all requirements of the City is that of the undersigned or in his absence Mrs. J!II1ene Silver. It is a plellSure to be of service to the City !II1d we look forward to the opportunity to extend our relationship. ~~i ~_ M.P. Free: ~ Senior Vice President MPF/la AttaChments ~ , . .' I' . I' I. Il. III. IV. v. VI. VII. VllI. IX. x. MPF/Ia 1 City of Clearwater June 3, 1991 List of Attachments Banking Services Bid Response Form Drug Free Workplace Form Public Entity Crimes Form Bank Contacts References Clearwater Locations Community Reinvestment Act Policy Ststement Community Reinvestment Act Evaluation Letter Call Report, Barnett Bank of Pine11as County Annual Report, Barnett Banks, Inc. I , I I ~ A DRUG-FREE WORKPLACE, IN ACCORDANCE WITH SECT. 287.087 Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual serrices, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, d~stribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business'S policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2) 3 ) Give each employee engaged in contractual services that are statement specified in subsection providing the under bid a (1) . commodities or copy of the 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace ~o later than five (5) days after such conviction. 5 ) Impose a sanction on, or participation in a drug abuse program if such is available in any employee who is so convicted. require the satisfactory assistance or rehabilitation the employee's community, by 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized this firm ~does not above requirements. to sign the statement, I certify that (select only one) fully comply, 'ith the Vc.NDOR'S M. Phillip F~eeman senior vice President May 31, 1991 ~rnptt Rririk of P;np.l1~~ COllntv BUSINESS NAME J I . SWORN STATEMENT PURSUANT TO SECIlON 287.133(3)(0), FLORIDA STATUTES. ON PUBLIC ENTIIY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to citv of Clearwater [print nome or tbe public entity] by M. Phi11io Freeman. Senior vice President [print Individual's name and IIl1e] for Barnett Bank of pinellas Countv [print name of endty submitting sworn statement] whose business address is 1150 Cleveland st. Clearwater, FL 34615 and (if applic:lble) its Federal Employer Identific:ltion Number (FEIN) is l)g-07l)1 fig4 (ll the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a 'public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United Slates. including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any Olher state or of the United Slates and involving antitrust. fraud, theft. bribery, collusion, racketeering, conspiracy, or material misrepresenlation. ',': 3. I understand that 'convicted" or 'conviction' as defined in Paragraph 287.133(1)(b), Florida Stntutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt. in any federal or state trial court of record relating to charges brought by indicnoent or information after July I, 1989, as a result of a jury verdict, nonjury trial, or enuy of a plea of guilty or nolo contendere. 4. I understand th.at an 'affiliate' as defined in Paragraph 287.133(I)(a), Florida SIDtutes. means: 1. A predecessor or successor of it person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in ,the management of the entity and who has been convicted ofa public entity crime. The term 'affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person. or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another pelSon. A person who knowingly enters into a joint venture with a person who has been convicted of a public entiry crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I undersland that a 'person' as defined in Paragraph 287.133(1)(e), Floridn Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term 'person' includes those OfficeIS, directors, executives, panners, shareholdeIS, employees, members, and agents who are active in management of an entity. I I 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [lndlCllte which statement appiles.] --1L Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of tbe entity, nor any affiliate of the entity baS been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity. or an affiliate of the entity baS been charged with and convicted of a public entity crime subsequent to July 1, 1989. However. there has been a subsequent proceeding before a Hearing Officer of the State of Rorida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer detennined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the nnal order] I UNDERSTAND THAT TIm SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBUC ENTITY IDEN'lll'lJill IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC ENTfIY ONLY AND. TIIAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I AL'iO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRlOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD UNT PROVIDED IN SEcrION 287.017, FLORIDA STATUTES FOR CATEGORY TW OF ANY C GE IN THE INFORMATION CONTAINED IN THIS FORM. STATE OF r \ orLi DA COUNTY OF 'P I (1 CI/flS PERSONALLY APPEARED BEFORE ME,lhe..undersigned.authonty, m . l=>. r a..~ A n who, after first being sworn by me, affixed hislber signature [nome of individual signing] " , "'1 in lbe space provided above on this 3/ -;" day of mAy. 19 q ( ,-~rlA ~at ,A~ NOTARY PUBLIC My com'!lission expires: NorAR'{ l'UDllC. sO.n: t:";!=' FLORlr.'lA. rAY COM'l!llSSHYi [;:.r'!E~~~;: -,uu Z, 1933. BoNDED TlHIU I{O'Ol,RY I'uel.-IC UNDl;rtWRITERt. Form PUR 7068 (Rev. 04110191) . t , ... , . . , . BARNE'IT CONTACT PERSONNEL PREPARED FOR THE CITY OF CLEARWATER Phillip Freeman, Senior Vice President 892-1554 20 years banking experience, 5 years 'with Barnett. Manager of Corporate Services Group which includes Cash Management, Corporate al1d Mtmicipal Finance and International Divisions. Primary account officer responsible for all depository, investment and banking services provided to the City. Specific contact for General Information, Investments and Safekeeping and Line of Credit. Janene Silver, Senior Vice President 892-1556 18 years banking experience with Barnett. Manager of the responsibility for all cash management services used by the City. and Sweep Account. Cash Management Department with Specific contact for Lock Box Services Deana Harden, Assistant Vice President 892-1558 22 years banking experience, 10 years with Barnett. Manager of the operations area of the Cash Management Department. Specific contact for Bookkeeping. Jeanette Benfield, Vice President 539-9131 17 years banking experience, 14 years with Barnett. Manager of Barnett's Plaza Office with responsibility for the day to day operations of that branch. Specific contact for Head Teller. Holly Drake, Cash Vault Manager 539-9305 14 years banking experience, 11 years with Barnett. Manager of the Cash Vault Department with responsibility for the day to day operations of that department. Specific contact for Cash Vault. . , .1. I' . I' REFERENCES Although Barnett currently provides the City of Clearwater's banking services, we respectfully submit the following list of companies as additional references: The School Board of PineUas County P.O. Box 4688 Clearwater, FL 34618 Contact: Mr. Terry Culbertson, Cash Management Director Board of County Commissioners, PineUas County 315 Court Street Clearwater, FL 34616 Contact: Mr. Jim Tyler, Finance Accountant Pinellas County EMS 2190 South Belcher Road Largo, FL 34641 Contact: L. Curtis Bentley, Finance Manager Golf Hosts, Inc. (Innis brook) P.O. Drawer 1088 Tarpon Springs, FL 34688 Contact: Richard L. Akin Jack Eckerd Corporation P.O. Box 4689 Clearwater, FL 34647 Contact: David Durfee, Director of Treasury Services Tech Data Corp. P.O. Box 6260 Clearwater, FL 34618-6260 Contact:. Art Singleton i I II' I' . I' CLEARWATER OFFICES BARNE'IT PLAZA 1160 Cleveland Street Clearwater 639-9131 EAST CLEARWATER 2160 Cleveland Street Clearwater 639-9262 ISLAND ESTATES 140 Island Way Clearwater 639-9575 MISSOURI AVENUE 1610 South Missouri Avenue Clearwater 539-9104 NORTHWOOD 3000 Enterprise Road East Clearwater 539-9580 ROOSEVELT 15201 Roosevelt Blvd. Clearwater 539-9806 SAND KEY 1261 Gulf Blvd., Suite 128 Clearwater 539-9815 SOUTH CLEARWATER 2200 BeUeair Road Clearwater 539-9577 SUNSET POINT 1825 Sunset Point Road Clearwater 539-9801 , I I BARNET': 3ANK OF ?!NELLAS COUNTY COMMUNITY REINVESTMENT ACT STATEMENT 1991 INTRODUCTION The Community Reinvestment Act of 1977 ("CRA") and the regulations promulgated pursuant thereto by the bank regulatory agencies are intended to encourage banks and ot'.~r financial institutions to fulfill their continuing and affirmative obligation to help meet the credit needs of their respective communities, including low and moderate income neighborhoods, consistent with the safe and sound operations of these institutions. , '. coNTENTS In this regard, Barnett Bank of pinellas County (referred to as "bank" hereafter) has developed and adopted this Community Reinvestment Act Statement which contains the following material under the headings indicated: 1. Delineation: Map with description of the community served by the bank. 2. Types of Credit Available: specific types of credit within certain categories. 3. CRA Notice: The notice displayed in the public lobbies of each branch. 4. CRA Statements and Public Comments Files: Availability for public 'inspection of files for public commen~s regarding CRA compliance and current CRA statements. 5. Annual Review: Bank's Board of Directors policy. 6. Compliance Policy: Bank's policy regarding compliance with CRA. It has been .the established policy of Barnett Bank of pinellas County to be continuously sensitive and responsive to the changing credit needs of its total community. In this regard, this bank believes in good faith that adoption by its Board of Directors of this CRA statement containing the described materials will reaffirm the bank's policy as we!'l as effectively complying with the bank's regulatory agency. DELINEATION A written description and map is attached to serve as the bank's communities that comprise its entire boundaries without excluding low and moderate income neighborhoods. T'I?ES OF CREDI'I' ;"VAlLUlLE J CRA NOTICE CRA STATEMENTS/ PUBLIC coMMENTS FILE I I The following is a list or specific types of credit available within certain categories. 1. Personal loans . Purchase of goods-automobiles, boats, mobile homes, etc. . Home improvement loans and second mortgage loans. . Personal expenses-secured and unsecured. . 2. Residential Real Estate · First and second mortgages. . One-to-four family dwelling. . Construction of one-to-four family dwelling. 3. Commercial Loans . Working capital 'loans to small and large businesses. · Equipment loans. 4. Commercial Real Estate . Commercial and industrial real estate secured. . Five dwelling units and over. . Construction and development loans. 5. Loans; to federal, state and municipal governments through purchase of bond issue,s. Public not:ices shall be provided in the public lobby of each of the bank's offices, other than off-premises electronic deposit facili ties. A copy of the notice is attached. The bank has established and shall continue to maintai.n files for public comments that are readily available for public inspection in the Compliance Department. Files shall contain: 1. Any signed written comments received from the public within the past two yearl; relating to the bank's performance in eRA, 2. Any responses to the comments that the bank may make, 3. CRA statements in effect for the last two years. Page - 2 . I I The Bank's Board of Directors shall review the bank's CRA Statement annually, and shall act upon any material change made in the interim. Such actions shall be noted in its minutes. ANNUAL REVISW COMPLIANCE POLICY It is the policy of the ~ank to comply with the. requirements of the Cormnunity Reinvest- ment Act of 1977 and the rules and regula- tions adopted before and after to fulfill the continuing need to help meet the credit needs of its cOllllmunity, including low and moderate income neighborhoods, consistent with the safe and sound operation of the bank. , This community Reinvestment Act Statement is adopted by the Bank's Board of Directors and shall be duly noted in the minutes of the meeting. Page - 3 .' . I I "COMMUNITY REINVESTMENT ACT NOTICE" The Federal community ReinvesOnent Act (CRA) requires the FDIC to evaluate our performance in hl9lping to meet the credit needs of this community, and to take this evaluation into account when the FDIC decides on certain applications submitted by us. Your involvement is encouraged. "You" should know that: *** You may obtain our current CRA Statement for this community in this 'office. *** You , Statement .to 4800 - may send signed, written comments about our CRA or our performance in helping to meet community needs 140th Avenue North, Clearwater. And to Regional Dire(:tor, Federal Deposit Insurance Corporation, Suite 1200, 245 Peachtree Center Avenue N.E., Atlanta, Ga. 30303. Your let:ter, together with any response by us, may be made public. *** You may look at a file of all signed, written comments received by us within the past two years, any responses we have made to the comments, and all CRA Statements in effect during the past two years at our office located at 4800 140th Avenue North, clearwater. *** You may ask to look at any comments received by Regional Director, Federal Deposit Insurance Corporation, suite 1200, 245 Peachtree Center Avenue, N.E., Atlanta, GA 30303. *** You also may request from the Regional Director, Federal Deposit Corporation, 550 - 17th Street, N.W., Washington, D.C. 20429 an announcement of applications covered by the CRA filed with the FDIC. *** We are a subsidiary of Barnett Banks, Inc., a bank holding company. You may request from the Federal Reserve Bank of Atlanta, 104 Marietta Street N.W., Atlanta, GA 30303 announcement of applications covered by the CRA filed by bank holding companies. v::..;-."-' ..../,': " ' I I 1 1 1 I 1 I~ Iz I" 18 1 I I I I I I I I I I I Old.mar 1 '.,;.... . ~ w . . '.'-" .', ';,..t';'I>" ..,",:-;". ",' ..;.:;.:.... 81,""/\ ST. PETERSBURG BEACH. Mexico % g o .. o " !~ ,,- ....' , L --..I' 1 1 ,.. 1 .. E I I I \ I I I . , W '5 /" I , I , I , I I I , 1":. PETERSBURG: , Tampa I / 1% Bay .,/1 . 0 1 % 3 4... ,3 APPROXIMATE SCALE OF MILES rr iCl1980 MAP WORLD. INC I , I I II' I' . I . Barnett Bank of Pinellas County eRA Rating Letter Post Oflice Box 12288 SI. Pelersburg, Florida 33733.2288 May 30, 1991 ~]r. George McKibben purchasing Manager City of Clearwater P.O. Box 474$ Clearwater, FL 34618-4748 Dear Mr. McKibbon: Pursuant to the requirements stated in the Requests for Proposal - Banking services, please allo~' this letter to serve as confirmation of Barnett Bank of pinellas county's satisfactory or greater CRA rating since 1988. To remain in compliance with Federal and state regulation, Barnett Bank is not permitted to disclose additional information regarding this rating to any party outside of the Board of Directors. For further information regarding the subject regulation, please contact: K.R. Frye Barnett Banks, Inc. Regional Compliance (813) 225-2988 We trust this information satisfies your requirements and look forward to being f service. MPF!wae EXHIBIT A 1 1 C I T Y o F C I. EAR W ATE R POST OFFICE BOX 4748 C LEA R W ATE R, F LOR I D A 3 4 6 1 B. 4 74 B Office of Finance Director 462-6930 April 15, 1991 The city of Clearwater is currently seeking competitive proposals for banking services from all banks and savings and loans which are located within the Clearwater area. The attached exhibits outline the city's bid procedures, the scope of the required banking services to be provided, and information which will help the prospective bidders to understand the size and nature of the City's account:s. All bidders are required to provide their responses in the standard format represented by the "Banking Services Bid Response Form" which follows the exhibit section. In addition, in order to comply with Florida statutes, all bidders will be required to complete a Drug Free Workplace form (F.S. #287.087) and Public Entity Crimes form (F.S. #287.133). Both documents must be returned with your Bid Response form. Very truly yours, George McKibben Purchasing Manager Enclosures o .'Equal Employment and Affirmative Action Employer' . '.' 1 "EXHIBIT A" . I CITY OF CLEARWATER BID PROCEDURES 1. Sealed Bids: Responses to this request for proposals should be submitted in a sealed envelope, clearly identified as "Proposal for Banking Services," and IllIailed to: George McKibben purchasing Manager P.O. Box 4748 Clearwater, Florida 34618-4748 or delivered to: George McKibben Purchasing Manager 711 Maple Street Clearwater, Florida 34615 2. Bid Responses: All responses must be presented on the standardized "Banking services Bid ReSpOnSE! Form" which has been provided. Supporting material may be provided; however, the city's decision will primarily be based upon a comparison of the standardized bid forms received. The city reserves the right to reject any or all bids, or to informally negotiate certain points of the final contract with a qualified bidder. 3. Ouestions and Additional Information: Requests for clarification or additional information should be submitted in writin9 to: Barbara J. Weston Cash and Investments Manager P.O. BOle 4748 Clearwa1:er, Florida 34618-4748 Responses will be in writing and copied to all bidders as addenda to this RFP. Telephone questions to individuals within the city of Clea.rwater are not encouraged, but will be permitted with the ~.icit proviso that any such answers are in no way binding upon the bidding process and upon the award of contract. , 'r' I I , 4. Biddina Schedule: April 15, 1991 Distribution of Request for Proposals July 18, 1991 All sealed bids must be in the hands of the city's purchasing Manager, by 3:00 p.m. . Recommendation for award to city Commission. June 3, 1991 October 1, 1991 Anticipated implementation date for contract. 5. selection Criteria The following criteria will be used to evaluate bid responses and to make a recommendat:ion for award to the city commission: a. The completeness of the response to all required items on the s:tandardized bid forms b. The aggregate cost of banking services c. The proposed earnings rate on overnight cash balances d. Bank rating as provided by Sheshunoff public Finance Bank Rating service e. community Reinvestment Exam rating f. The experiencEl and continuity of the bank officials identified as primary contact personnel. g. Responses from references h. Physical proximity of City offices and activities 6. Riaht To Protest Any actual or prospec~tive bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints by contacting the purchasing Manager. I I , 7. ComDliance with Recycled PaDer Ordinance Per ordinance #5059-90, the city shall require all persons sUbmitting responses to requests for proposals or invitations to bid to agree to the following as a precondition to contract award: a) All reports submitted to the city by a contractor in fulfillment; of contract obligations shall use recycled paper when it is available at a reasonable price and of satisfactory quality to meet contractual performance standards. For the purposes of this paragraph, the price of recycled paper shall be considered "reasonable" if its cost is no more than ten percent higher than the lowest price offered for no,n-recycled paper. b) All reports submitted to the city by a contractor shall use bo1:h sides of paper sheets whenever practicable. c) contractors shall be responsible for maintaining records docum.enting usage of recycled paper for reports submi'tted to the city in fulfillment of contractual obligations. contractors shall submit such records to the city according to procedures to be established by the Purchasing Manager not later than October 1, 1991. 8. No Corrections Once a competitive proposal is submitted, the city shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. 9. Retention and DiSDosal of ProDosals The city reserves the right to retain all submitted competitive proposals for official record purposes. The city also reserves the right, to dispose of any or all copies of competitive proposals in whatever manner it deems appropriate. No copies of competitive proposals will be returned to the proposer. 10. Leaal Name Competitive proposals shall clearly indicate the legal name, address, and telephone number of the bidder (company, firm partner-ship, individual). Competitive proposals shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted competitive proposal. I I 11. Ocennessof Procurement Process Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286 Florida statutes. The city gives no assurance as to the confidentiality of any portion of any proposal once submitted. 12. No Collusion By offering a submission to the RFP, the proposer certifies the proposer has not divulged to, discussed or compared his/her competitive proposal with other proposers and ,has not colluded with any other proposers or parties to this competitive proposal whatsoever. Also, proposer certifies, and in the case of a joint competitive proposal each party thereto certifies as to its own organization, that in connection with the competitive proposal: a. any prices and/or cost data submitted have been arr i ved at i.ndependently, wi thout consul tation, communication, or agreement, for the purpose of restricting c,ompetition, as to any matter relating to such pric!~s and/or cost data, with any other proposer or with any competitor; b. any prices and/or cost data quoted for this competitive proposal have not been knowingly disclosed by the competitive proposal and will not knowingly be disclosed by the proposer, directly or indirectly to any other proposer or to any competitor, prior to the scheduled opening; c. no attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a competitive proposal for the purpose of restricting competition; d. the only person or persons interested in this competitive proposal, principal, or principals is/are named therein and that no person other than therein ment:ioned has any interest in this competitive proposal or in the Agreement to be entered into; and e. no person or agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees or established commercial agencies maintained by the purchaser for the purpose of doing business. I I 13. Reiection of Bids/Information Waiver c. may reject bids if: The bidder misstates or conceals any material fact in the bid; or if, The bid does not strictly conform to the law or requirements ()f the bid; of if, The bid is conditional, except that the bidder may qualify his bid for acceptance by the city on an "all or none" basis, or a "low item" basis. An "all or none" basis: bid must include all items upon which bids are invi1ted. The City a. b. The City may, however, lreject all bids whenever it is deemed in the best interest of the city to do so, and may reject any part of a bid unless bid has been qualified as provided in 13(C) above. The City may also waive any minor informalities or irregularities in any bid. 14. RFP Exoenses statement All vendor costs asso,ciated with this RFP will be the responsibility of the v,endor. , I , SCOPE OF BANKING SERVICES 1. Main Ooeratina Account: The City's main operating account covers a variety of activities. .Several of t:he city's departments are responsible for their own deposits, and require a 24-hour deposit capability for their collections. Deposits will be made by either city employees or a security service. with the exception of parking met:er deposits and bridge deposits, all deposits will be accompanied by duplicate deposit Slips. Upon verification of the depclsit, a copy of the deposit slip must be acknowledged by the bank and mailed to the City'S Finance Division on the day of verification. Pads of deposit slips printed with the name of the activity will be furnished at no charge by the bank, in fluch quantities as may be required. Should deposited checks be returned because of insufficient funds (or any other reason), one attempt will be made by the bank to redeposit the check, after which it will be forwarded to the city's Finance Division for processing. The city writes approxi:mately 1,800 checks per month on the operating account, and makes approximately 1,000 deposits per month to this account. The average amount of Imoney processed through this account each month is $20,000,0010. Of this amount, approximately 1/2 involves investment transactions. The bank must have the capability of receiving electronic transfers and wire transfers from the state and federal government for items such as state revenue sharing, federal grants, and Community D.~velopment Block Grants. The average monthly value of this account (including cash and short-term investments) over the past 12 months has been approximately $85,000,000. 2. PavrollAccount: The City is currently on a biweekly payroll basis, paying an average of 1,650 employees every other Friday. The net payroll amounts to approximately $1,000,000 per pay period. In addition, a pension payroll of approximately 320 checks is issued at the end of each month. Net pay for this pension payroll amounts to appr10ximately $300,000.00. The City will not deposit funds to the payroll account. Instead, the bank will operate a "zero balance account," to which funds are automatically transferred from the main operating account as payroll checks are presented to the bank for payment. 1 I I , The city currently offers a voluntary direct deposit payroll system to its employees. The Bank must have the capability of processing this "direct deposit payroll" whether the employees' accounts are at the bank or at other banking institutions. (See Exhibit A for detail of Direct Deposit Achtape Layout) 3. Self-Insurance Account: The city maintains a separate account to handle the transactions involved in the Self-Insurance Program. This account is currently administered by Gallagher Bassett Insurance Service, P.O. IBox 4840, clearwater, Florida 34618- 4840. Approximately three deposits and three wire transfers flow through this account each month. The maximum value of this account is $75,000. 4. Bank Statements: The cut-off date for statement purposes for all city accounts will be the last day of each month. Statements must be received by the City's Finance Division within five working days following the cutoff. Payroll checks are computer generated. The depository bank must have computer capability to reconcile checks issued by the city with checks paid by the bank, using magnetic tapes supplied by the city and bank computer files of checks paid. (See Exhibit B for copy of Payroll Check Reconciliation Tape Layout) Although payable checks drawn on the City's main operating account are computer generated, the computer system does not currently contain a reconciliation module. The city is in the process of purchasing a new system to process accounts payable. When a system is purchased the bank will be required to reconcile paid checks in the same manner as for the payroll account. Checks are to be arranged in numeric order prior to their return to the city with the statements. A statement must be furnished for all special accounts required by the city on the same schedule as required for the operating account. Tille city reserves the right to add addi tio_nal accounts as necessary. In addition to regular statements, the bank must provide on demand, daily balances in the depository accounts if and when such information is required by the city. 2 I I , 5. Coin Decosits: The Clearwater Pass Bridge and city parking meters generate collections of coins in 1~-5~-10~-25~ denominations, ranging from approximately $2,500 to $10,000 a day. In the case of parking meters, these coins are gathered by City employees who deliver them uncounted to the location and/or individual specifically designated by the bank. Coins from the bridge will be delivered to the same place or person, either by a city employee or by a security service. Collections in these two instances are not counted in advance of deposit. It will be necessary for the bank to sort and count the coins, determine the amount involved, and prepare deposit slips in duplicate for each location involved. Deposit slips for the bridge must list the number of each vault delivered and the amount for each denomination of coins contained in each vault. The bank must provide adequate internal security to guarantee proper handling of such deposits. The bank will be expected to provide such mechanical sorting and/or counting equipment as may be required. . The bridge collections will contain tokens that must be counted and reported the same as regular coins. The City owns a machine that extracts, counts and bags these tokens. This machine will be made available to the bank. The bank will also be required to store the inventory of tokens currently maintained by the city. The range of inventory of tokens is between 100,000 to 200,000. A log must be maintained by the bank, showing the amount of tokens on hand at all times. On a periodic basis, usually twice a week, the City will deposit to the bank proceeds from the sale of tokens at the bridge. The bank will count thJls money, deposit it to the operating account, then send to the bridge by security service, the amount of tokens equal to the money deposited (8 tokens for each $l deposited). Parking meter collections are segregated by individual parking lots in containers. Th,ese containers will have to be emptied into bags or other rec:eptacles to be provided by the bank periding sorting and cc)unting. The integrity of separate collections from specific lots must be preserved and separate deposit slips prepared! on each. The city of Clearwater currently has 30 lots in operation. Foreign coins, tokens, slugs, mutilated coins, etc., will not be counted or assigned a value but will be removed from deposits, accumulated, and turned over to the city's Finance Division weekly. Details of this procedure will be worked out between the city's Finance Division and the bank. The bank must be able to provide on demand approximately $4,000 to $5,000 weekly in rolled quarters for change in the bridge toll booth. 3 . t coin deposits must be counted and documented during the business day received, Clr the following day if collection is received after the cut-o,ff time established by the bank. All deposit slips will be delivered to the city's Finance Division at city Hall no later than the next working day following the deposit. 6. Lock Box Services: The bank will provide a lock box service for the city's utility collections, acc:ording to the following instructions: a. The City will provide a post office box. The bank will retain a key to this post office box and have exclusive use of same. The bank must provide the internal security needed to guarantee proper handling of all deposits received through the post office box. b. Each morning, the bank's personnel will empty this box of its contents, at an eclrly enough hour to insure that all deposits will be processed prior to cutoff. The contents of the envelopes will be removed, and checks or cash will be verified against the utility payment stub. c. All items will be processed by OCR scan, balanced, and filmed, and the aggregate amount deposited to the operating account. d. The utility stubs, cine copy of the deposit slip, any items that cannot be processed, and a magnetic tape containing all items processed in step (c) will be delivered to the city's utility Customer Support Division at 900 Chestnut street, prior to 3:00 p.m. on 1:he same day that they were received. The magnetic tape must be compatible to the City's computer system. (See Exhibit C for detail of utility collections tape layout) e. A copy of the same deposit slip will be delivered to the city's Finance Division at city Hall on the same day that they were received. f. The estimated volume of transactions for the above service is 30,000 items per month. The city reserves the right to require additional collections from the post office if the volume of items supports this request. 7. Investments: The bank will handle the purchase investments only upon instruction by Director or his designl~e. or liquidation of the city's Finance 4 Investment transactions must be consummated on the same day that instructions are received from the city's Finance Director, or on the next business day if so instructed. Failure to consummate investments on a timely basis will constitute a breach of this contract, and will constitute cause for immediate cancellation of the contract, or legal action for damages, or both. Upon maturity or liquidation of an investment, written notification will be sent to the city's Finance Director Showing the deposit of the proceeds. The same type of written notification will be required for all purchases of investments handled through the bank, whether purchased by check, wire transfer, electronic debit, etc. These notifications will be mailed on the same day that the transactions occur. The City reserves the right to invest in time deposits (of any bank), U.s. Government securities, repurchase agreements, or other investments deemed legal and prudent in the opinion of the city. In no case will the bank be awarded time deposits at rates lower than those established in the competitive marketplace. The bank shall provide safekeeping facilities for investments owned by the city, either within the bank's own facilities, or at the Federal Reserve. A copy of all safekeeping receipts will be issued to the city at the consummation of each investment transaction. A statement listing the details of all items in safekeeping will be furnished to the City at the end of each month. 8. Collateral: In compliance with the Florida Security for public Deposit Act, Chapter 280, Florida statutes, all institutions submitting bids for the city's banking service must be included on the list of approved financial institutions as published by the Department of Insurance and Treasurer, of the state of Florida. 9. Safetv DeDosit Boxes: The bank shall provide safety deposit boxes, as needed, for the storage of registered bonds, coupons, or other material requiring exceptional security. 10. Line of Credit/Credit Cards: The city will be granted a $1,000,000 line of credit available as may be required, upon appropriate resolution by the City Commission. 5 I . EXHllIIT A I CITY OF CLEARWATER, FLORIDA DIRECT DEPOSIT ACHTAPE LAYOUT TAPE NAME: ACHTAPE HEADER RECORD LAYOUT: Record length 94 FIELD Record Type (value 1) priority Destination (acct. no.) (value " 663060209") origin (acct. no.) (value " 063106129") Transaction Date (format YYMMDD) Transaction Time (format HHMM) File ID Mode (value A) Record Size (value 094) Blocking Factor (value 10) Format Code (value 1) Destination Title (value BARNETT COMPUTING CO.) origin Title (value BARNETT BANK-PINELL) Reference Code BATCH HEADER RECORD: Record size 94 Record Type (value 5) Service Class Code (value 200) Company Name (value CITYOFCLEARWATER) company Discretion Data Company ID (value 59-600289) Standard Entry Class (value PPD) Company Entry Description (value PAYROLL) company Description DAta (value 032989) Effective Entry Date (format YYMMDD) Reserved originate State Code (value 1) Origin DFI Code (value 06310612) Batch Number PICTURE 9 99 X(10) X(10) 9(6) 9(4) X 9 (3) 99 9 X(23) X(23) X(8) 9 9(3) X(16) X(20) X(10) X(3) X(10) X(6) 9(6) X(3) X X(8) 9(7) # OF CHARACTERS 1 2 10 10 6 4 1 3 2 1 23 23 8 1 3 16 20 10 3 10 6 6 3 1 8 7 I I CITY OF CLEARWATER, FLORIDA DIRECT DEPOSIT ACHTAPE LAYOUT (continued) DETAIL RECORD: Record size 94 FIELD Record Type Code (value 6) Transaction Code Receiving DFI ID (value 06310612) Transaction Routing Check Digit DFI Account Number Amount Individual ID number Individual Name: First Initial Middle Initial Last Name Discretionary Data Addenda Rcd Indicator Value Trace Number: Filler (value 0063106129) Trace number (value 1) ADDENDA RECORD: Record size 94 Record Type Code (value 7) Addenda Type Code Return Reason Symbol Origin Entry Trace Number Transmission Date (format YYMMDD) Transit Route Number: Transaction number Transaction ABA Addenda Info Trace Number: Filler (value 06310612) Trace number (value 1) PICTURE # OF CHARACTERS 9 1 9 2 X(8) 8 9 1 X(17) 17 9(8)V99 10 X(15) 15 X 1 X 1 X(20) 20 XX 2 9 9 X(10) 10 9(5) 5 9 1 99 1 X(3) 3 X(15) 15 9(6) 6 9(4) 4 9(4) 4 X(44) 44 9(8) 8 9 (7) 7 I .' I CITY OF CLEARWATER, FLORIDA DiRECT DEPOSIT ACHTAPE LAYOUT (continued) BATCH CONTROL RECORD: Record size.94 FIELD Record Type Code (value 8) Service Class Code (value 200) Entry Count Entry Hash Total Debit Total Credit company ID (value 1063106129) Reserved Federal Reserve Use originating DFI ID (value 0063106129) Batch number FILE CONTROL RECORD: Record size 94 Record Type Code (value 9) Batch Count Block Count Entry Count Entry Hash Total Debit Total Credit Reserved DUMMY RECORD (trailer record) all nines. PICTURE 9 9(3) 9(6) 9(10) 9(10)V99 9(10)V99 X(10) X(19) X(6) X(10) 9 (5) 9 9(6) 9(6) 9(8) 9(10) 9(10)V99 9(10)V99 X(39) # OF C~CTERS 1 3. 6 10 12 12 10 19 6 10 5 1 6 6 8 10 12 12 39 1 I .. EXHIBIT B CITY OF CLEARWATER, FLORIDA CHECK RECONCILIATION TAPE LAYOUT BURROUGHS 9495-33M TAPE DRIVE 9 TRACK, 1600 BPI, ODD PARITY, EBCDIC. TAPE NAME: RECONCILE BLOCKED 32 RECORD LENGTH 80 STANDARD LABELS RECORD LAYOUT: CKR-AGENCY (Payroll Number) CKR-RCD-TYPE VALUE I = ISSUE VALUE V = VOID CKR-BANK-CODE CKR-CHECK-NO CKR-DATE FORMAT YYMMDD CKR-AMOUNT CKR-SSN (Social Security #) CKR-PAYEE-NAME CKR-AGENT PICTURE # OF CHARACTERS X 1 X 1 9(4) COMP 2 9(8) COMP 4 9(6) COMP 3 S9(9)V99 COMP 6 9 (10) COMP 5 X(36) 36 X(4) 4 FIELD NAME '. .-..--.----. '" I EXHIBIT C I RECORD DESCRIrTIC!, (This ~ape is created on an IBM System 36 and is read on a DEC VAX 4000 System) DATE: PAGE: 1-2-52 1 of "I FILE N/J1E r. A ~H'T' P RECORD llAME RECORD SIZE (30 RECORDS PER BLOCK 1 RECORD DESCRIPIIotl lJJ<;'l'All. llliCORD TAPE-REC RJ:.-vISION lIO. OF . DICT. DAtA ELEHEllT nUMBER roSITION CHARAcrms KlDE DESCRIFIION (Plcrmu;) REF. REFERENCE 1 0 1 D PIC x REC-ID6 [ ,,(-, e , II 2 1 1 D PIC X FILLEll 3 2 2 D PIC 99 BAT CII-NO 6 I h h 10 D PIC X(10) FILLER 5 1h 6 D PIC X(G) DATE-G (Yi/YIfYlOP) 6 20 10 D PIC X(10) ACCT-H06 7 30 10 D PIC X(10) FILLER 8 ho 10 D. PIC 9(5)V99 AI-Ir-~ 9 50 30 D FIC X(JO) I FILLEIl I \. - I I I I I , ,.'. I' r I ,.' . . I I . i ,-~ .' 1 '- (\..~ ---~--_._---~- ._--------" .I I RECORD DESCRI?rIOl, DATE I 1-2-82 PAGEl ;]. of 3 FILE NAME CASIITP RECORD SIZE 00 RECORD DESCRIPrION RECORD NAME RECORDS PER BLOCK 1 BATCH TOTAl. T APF.- Il.F.G7 Rl:.-v.ISION 110. I UF DICT. DAXA ELEl.lENT NUMBER roSITION CHAll.ACTEIlS KlDE DESCRIPTION (PICTURE) REF. REFERENCE 1 0 1 D PIC X REC-ID7 {u zLv e '" '7 / 2 1 19 D PIC X(19) FILLER 3 20 3 D PIC 9(J) CNT-!1. 4 23 10 D FIC 9(lJ)V99 Altt-7 5 . J3 47 D PIC X(li7) FILLER , I -- ; . .' . I I I I I .. I , ! . I 'I I I _. "- '---:-'~.. FILE IU.ME CASlITP RElXlnD SIZE 80 RElXlRD DESCRIPI:IOll I I I1.ECORDDESCRIPrICll DATE I 1-1-11~ PAGEl 'l or ~ RECORD NAUE RECORDS FER BLOCK 1 OVERALL TOTAL TAPF._RF.r.S1 REVISION 110. ".......... ,Vl! OF DICT. DAXA EC.E!.lENT NUMBER roSITIOlI CHARACTEItS IfJDZ DESCRIPI:ION (PICTURE) REF. REFERENCE 1 0 1 I D PIC X REC-ID8 &.<Lve: ~) 2 1 1 19 D PIC X(19) FILLER 3 20 h D PIC 9(h) CNT-8 I 11 211 10 D PIC 9(lJ)V99 AMI'-!J 5 3h h6 D PIC X(h6) FILLER . - I I ! I I ! '. , .' , 1 , I I - f I I I " I I I I I i I I I I " I , . tIWUa_~__ .-.-...........-.- '- 4 EXHIB IT D 1 CON T R ACT I ~ This negotiated Contract entered into this day of , 1991,. by and between the City of Clearwater, Florida, Municipal corporation, hereinafter called the "City.', and , located at , Clearwater, Florida, hereinafter called the "Bank": WIT N E SSE T H: WHEREAS, it has been deemed advisable to consolidate to the extent possible all cash resources of the City into accounts in one official depository bank to be selected by competitive bidding by the commercial banks in the City; and WHEREAS, the bid most advantageous to the City has been submitted by , which bank is engaged in the business of commercial banking in the City of Clearwater and is qualified to perform the required services; NOW, THEREFORE, the parties agree as follows: to 1; the The Bank will perform the services called for in a proposal forwarded Bank under cover of a letter from the Purchasing Manager dated , a copy of which letter and proposal marked "Exhibit A" are attached hereto, and by reference made a part of this Agreement as if fully rewritten herein, and the bid of marked "Exhibit B" attached hereto and by reference made a part of this Agreement as if fully rewritten herein. 2. The City, on its part, agrees to pay for services provided in the manner specified in "Exhibit B". 3. This Agreement will remain in effect for three years and may be renewed for additional three year periods by mutual consent of both parties. CITY OF CLEARWATER, FLORIDA Countersigned City Manager Mayor-Commissioner Attest: City Clerk Approved as to form and correctness: City Attorney Witnesses: By " -, CITY OF CLEARWATER B~KING SERVICES BID RESPONS~FORM BANK NAME: OFFICIAL SUBMITTING: TITLE OF OFFICIAL: TELEPHONE NUMBER: Estimated Monthly Unit Monthly Bankina Service Activitv Price Cost 1. Account Maintenance 3 $ $ 2. Account Reconciliation approx. 4,000 items $ $ 3. Items Paid 5,600 $ $ 4. Items Deposited 36,000 $ $ 5. Coin sorting and counting $300,000 $ $ 6. Lock Bex Service (OCR Scanned) 30,000 $ $ 7. stop Payments 5 $ $ 8. Wire Transfers 4 $ $ 9. Investment Transactions 15 $ $ 10. Safety Deposit Box 1 $ $ 11. REturned Items 60 $ $ 12. ACH Items 300 $ $ Other Services: $ $ $ $ $ $ TOTAL ESTIMATED MONTHLY FEES $ other Quotations: Rate Quotation on Line of Credit: Rate Quotation on Sweep Account: Type of Collateral Securities Proposed for Sweep Account: Third Party Holder for Collateral Securities for Sweep Account: Statement of Capability: Our Bank can comply with all requirements. (Yes or No) separate page.) aspects of the City' sBanking Service (If no, list all exceptions on . , " " I . I SWORN STATEMENT PURSUANT TO SEcrION 287,133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by [print name oC the public endty] [print individual's name and dUe] for [print name oC endty submitting swom statement) whose business address is and (if applicable) ilS Federal Employer Identification Number (FEIN) is (ll the entity bas no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I undelStand that a 'public entity crime' as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or conuact for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud. theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I andelStand that 'convicted' or 'conviction' as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial coun of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, nonjury trial, or enuy of a plea of guilty or nolo contendere. 4. I undelSland that an 'affiliate' as defined in Paragraph 287.133(1)(a), Florida Statutes. means: 1. A predecessor or successor of a pelSon convicted of a public entity crime; or 2. An entity ander the control of any natural pelSon who is active in. the management of the entity and who has been convicted of a public entity crime. The term 'affiliate' includes those officelS, d1rectolS, executives, pannelS, shateholdelS, employees, membelS, and agenlS who are active in the management of an affiIiate. The ownership by one person of shares constituting a controlling interest in another pelSon, or a pooling of equipment or income among pelSons when not for fair market value under an arm's length agreement, shall be a prima facie case that one pelSon controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Rorida during the preceding 36 months shall be considered an affiliate. 5. I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Slatutes. means any natural person or entity organized ander the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term 'person' includes those officers, directors, executives, panners, shareholders, employees, members, and agents who are active in management of an entity. ., ~ ~ " I I 6. Based on information and belief, the statement which [ have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement appiJes.] _ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholdern, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholdern, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directorn, executives, parmers, shareholders, employees, membern, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the Slate of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRAcrING OFFICER FOR THE PUBUC ENTITY ID~lll'llillIN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERING INTO A CONTRAcr IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SEcrION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] [dote] STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, lhe..undersignedauthority, who, after first being sworn by me, affixed hisiher signature [name of individual signing] in the space provided above on this day of . 19 NOTARY punuc My commission expires: Form PUR 7068 (Rev. 04110/91) " t , . I , I A DRUG-FREE WORKPLACE, IN ACCORDANCE WITH SECT. 287.087 Preference shall be given to businesses with drug-free workplace programs. whenever ~~o or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In ~rder to have a drug-free workplace program, a business shall: 1 ) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of. such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3 ) Give each employee engaged in contractual services that are statement specified in subsection providing the under bid a (1) . commodities or copy of the 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace ~o later than five (5) days after such conviction. 5 ) Impose a sanction on, or participation in a drug abuse program if such is available in any employee who is so convicted. require the satisfactory assistance or rehabilitation the employee's community, by 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized this firm-does/does not above requirements. to sign the statement, I certify that (select only one) fully comply with the BUSINESS NAME VENDOR'S SIGNATURE