Loading...
Request for Proposal (RFP) for Financial ServicesCity of Dubuque City Council Meeting ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Staff Memo Banking Services RFP Copyrighted August 5, 2024 Consent Items # 06. Request for Proposal (RFP) for Financial Services City Manager recommending the issuance of a Request for Proposal for Financial Services for five years for the City of Dubuque. Suggested Disposition: Receive and File; Approve Type City Manager Memo Staff Memo Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request for Proposal (RFP) for Financial Services DATE: August 1, 2024 Dubuque Itzetzl All -Merin iee City 111111 2007*2012*2013 2017*2019 Chief Financial Officer Jennifer Larson is recommending the issuance of a Request for Proposal for Financial Services for five years for the City of Dubuque I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jml/sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jennifer Larson, Chief Financial Officer Brian DeMoss, Finance Manager Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Chief Financial Officer SUBJECT: Request for Proposal (RFP) for Financial Services DATE: July 30, 2024 INTRODUCTION Dubuque All -America City 2007.2012.2013 2017*2019 The purpose of this memorandum is to request approval to release a request for proposals (RFP) for financial services. BACKGROUND The City last went out for proposal for financial services in 2007 and Dubuque Bank and Trust has held the City of Dubuque's and Dubuque Metropolitan Area Solid Waste Agency's main accounts since that time. The financial services landscape has drastically changed in the City of Dubuque since 2007. In an effort to remain competitive in service fees, interest rates, and have cutting edge technology for online banking, cyber security, and fraud prevention, it is necessary to request proposals from financial institutions. DISCUSSION A committee will be formed of the following to review proposals: Jennifer Larson, Chief Financial Officer Brian DeMoss, Finance Manager Keith Strey, Project Manager Joe Pregler, Chief Security Officer Ken Miller, DMASWA Administrator The tentative timeframe for the RFP process will be as follows: August 6, 2024 — Release RFP to Financial Institutions August 27, 2024- Questions and Request for Clarifications Due August 28, 2024 — Responses to Questions Posted September 3, 2024 — Closing Date for Receipt of Proposals October 7, 2024 — Anticipated Date to Issue Notice of Intent to Award The RFP will be provided to the following financial institutions that have a staffed physical location within City of Dubuque corporate limits: Dubuque Bank & Trust MidWestOne Bank Premier Bank Fidelity Bank & Trust Capra Bank U.S. Bank Dupaco Community Credit Union DuTrac Community Credit Union Collins Community Credit Union GreenState Credit Union Jason Lehman, Assistant City Attorney has reviewed the Banking Services Request for Proposal. REQUEST I respectfully request your approval to release a request for proposals (RFP) for financial services. JML cc: Brian DeMoss, Finance Manager 2 REQUEST FOR PROPOSALS FOR COMMERCIAL BANKING SERVICES Masterpiece on the Mississippi Issue Date August 6, 2024 Contents 1.0 Introduction 4 1.1 Purpose 4 1.2 Background Information 4 2.0 Administrative Information 6 2.1 Issuing Officer 6 2.2 Restriction on Communication 6 2.3 Downloading the RFP from the Internet 6 2.4 Procurement Timetable 6 2.5 Questions and Requests for Clarification 6 2.6 Amendment to the RFP 7 2.7 Submission of Proposals 7 2.8 Costs of Preparing the Proposal 7 2.9 Rejection of Proposals 7 2.10 Disqualification 7 2.11 Nonmaterial Variances 8 2.12 Reference Checks 8 2.13 Information from Other Sources 8 2.14 Bid Proposal Clarification Process 8 2.15 Public Records and Requests for Confidential Treatment 8 2.16 Copyrights 10 2.17 Release of Claims 10 2.18 Presentations 10 2.19 Evaluation of Proposals Submitted 10 2.20 Definition of Contract 10 2.21 Choice of Law and Forum 10 2.22 Restrictions on Gifts and Activities 10 2.23 No Minimum Guaranteed 11 3.0 Contract 11 3.1 Contract 11 3.2 Resulting Contract 11 3.3 Contract Length 11 City of Dubuque, Iowa RFP for Commercial Banking Services Page 2 4.0 Format and Content of Proposals 11 4.1 Proposal Format 11 4.2 Technical Proposal 11 5.0 Current Commercial Banking Services 13 5.1 Current Accounts and Services 13 6.0 Mandatory Service / Proposal Requirements 14 6.1 Personnel and Account Servicing 14 6.2 General Banking Information 14 6.3 Compensating Balance Credit / Interest Earnings on Account 15 6.4 On -Line Platform Status & Future Upgrades 15 6.5 On -Line Access & Cyber Security 15 6.6 On -Line User Administration 15 6.7 On -Line Check Deposit Services 15 6.8 On -Line Wire Transfer Origination Services 15 6.9 On -Line Automated Clearing House (ACH) Services 16 6.10 ACH Debit Filter 16 6.11 Positive Pay Services 16 6.12 Fraud Monitoring 16 6.13 On -Line Account Information / Reporting (1,095-day or 3 year minimum) 16 6.14 Account Analysis Services 16 6.15 On -Line user defined alerts and messages 17 6.16 Implementation/Conversion Plan 17 6.17 Other Financial Institution Relationships with the City 17 6.18 Other Services and Strategies 17 6.19 References 17 7.0 Evaluation of Bid Proposals 17 7.1 Introduction 17 7.2 Evaluation Committee 17 7.3 Evaluation Criteria 18 8 Disputes/Exceptions 18 Attachment A City of Dubuque Standard Terms and Conditions 19 Attachment B — Fee Proposal 24 Attachment C — Current City Account Analysis Data 27 Attachment D — Sample Month Data to Compute Interest Earnings 28 Attachment E — Insurance Requirements 29 City of Dubuque, Iowa RFP for Commercial Banking Services Page 3 1.0 Introduction 1.1 Purpose The City of Dubuque, Iowa (the "City"), is requesting proposals from qualified Financial Institutions ("Financial Institutions") for depository, cash management, and general banking services. Through this Request for Proposals (this "RFP"), theCityintends to evaluate its banking opportunities, including costs analysis, as well as explore new services that could benefit the financial security and efficiencies of City operations. 1.2 Background Information This RFP is designed to provide firms with the information necessary for the preparation of a competitive bid proposal. The RFP process is for the City's benefit and is intended to provide the City with competitive information to assist in the selections process. The City constitutes a political subdivision of the State of Iowa (the "State"). Dubuque 2038 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome. The City's Vision Statement is: Dubuque 2038 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. The City's Mission Statement is: Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city government's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. A High -Performance Organization (and Community) with Engaged Employees and Residents that is Data -Driven and Outcome -Focused built on the five pillars of: Creating an Equitable Community (and Organization) of Choice, Resiliency, Sustainability, Equity, Compassion, and Transparency. City of Dubuque, Iowa RFP for Commercial Banking Services Page 4 A1a'terl►iece 011 the ,17iciti,:i pi Creating an Equitable Community (and Organization) of Choice A High -Performance Organization (and Community) with Engaged Employees and Residents that is Data -Driven and Outcome -Focused built on the five pillars of: 4 1 Resiliency Sustainability s , Equity Transparency z Compassion Through Partnerships, Planning, Et People www.cityofdubuque.org Adopted by City Council on January 16, 2024 City of Dubuque, Iowa RFP for Commercial Banking Services Page 5 Because the City is a local governmental unit of the State, the City is exempt from federal excise taxes and state and local sales and use taxes on the services requested within this RFP. The successful Financial Institution shall be responsible for paying any taxes incurred by the Financial Institution in connection with its performance should it be awarded the contract. 2.0 Administrative Information 2.1 Issuing Officer The Issuing Officer, identified below, is the sole point of contact regarding the RFP from the date of issuance until selection of the successful Financial Institution. Jenny Larson Chief Financial Officer City of Dubuque 50 W. 13th St. Dubuque, IA 52001 E-mail: Jlarson@cityofdubuque.org 2.2 Restriction on Communication From the issue date of this RFP until announcement of the successful Financial Institution, Financial Institutions shall not discuss the RFP with or contact any other representative of the City or any of the Selection Committee members except as expressly authorized by the Issuing Officer. Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Financial Institution's proposal. 2.3 Downloading the RFP from the Internet The RFP and any addenda to the RFP will be posted on the City's website at www.cityofdubuque.org/bids. Financial Institutions are advised to check periodically for addenda to this RFP, particularly if the Financial Institution downloaded the RFP from the Internet as the Financial Institution may not automatically receive addenda. It is the Financial Institution's sole responsibility to check as frequently as the Financial Institution deems prudent for addenda to posted documents. 2.4 Procurement Timetable The following dates are set forth for informational and planning purposes; however, the City reserves the right to change the dates to meet the City's needs. Post notice of RFP on City website Questions and Requests for Clarification due Response to Questions Closing Date for Receipt of Proposals Anticipated Date to issue Notice of Intent to Award: Anticipated Date to Begin Services: August 6, 2024 August 27, 2024 4:00 PM CDT August 28, 2024 4:00 PM CDT September 3, 2024 4:00 PM CDT October 7, 2024 To Be Determined 2.5 Questions and Requests for Clarification Financial Institutions are invited to submit questions and requests for clarifications regarding the RFP. Questions or requests for clarifications must be submitted via email and received by the Issuing Officer before 4:00 PM CDT on August 27, 2024. Verbal questions will not be City of Dubuque, Iowa RFP for Commercial Banking Services Page 6 permitted. If the questions or requests for clarifications pertain to a specific section of the RFP, the page and section number(s) must be referenced. Written responses to questions and requests for clarifications will be posted as needed to the City's website via an addenda at www.cityofdubuque.org/bids on or before 4:00 PM CDT on August 28, 2024. The written responses will be considered part of the RFP. 2.6 Amendment to the RFP The City reserves the right to amend the RFP at any time. Financial Institutions shall acknowledge receipt of any and all amendments in its proposal. If an amendment occurs after the closing date for receipt of bid proposals, the City may, in their sole discretion, allow Financial Institutions to amend their bid proposals in response to the amendment if necessary. Financial Institutions may amend their bid proposals If the amendment is in writing, signed by an authorized representative of the Financial Institution, and received by the City by the time set for the receipt of proposals. Financial Institutions who submit proposals in advance of the deadline may withdraw, modify, or resubmit proposals at any time prior to the deadline for submitting proposals. Financial Institutions must notify the Issuing Officer in writing if they wish to withdraw their proposals. 2.7 Submission of Proposals The bid proposal must be a PDF attachment submitted via ShareFile provided to https://cityofdubuque.sharefile.com/r-r28e8cc4444b48228 and must be received by 4:00 PM CDT on September 3, 2024. This is a mandatory requirement and will not be waived by the City. Any bid proposal received after this deadline will be rejected. T h e City is under no obligation to confirm receipt. Each Financial Institution must furnish all information necessary for the City to evaluate its proposal by the submission deadline. Bid proposals that fail to meet the mandatory requirements of the RFP will be disqualified. Verbal information and general marketing material will not be considered by the City and shall not be submitted as part of any proposal. 2.8 Costs of Preparing the Proposal The costs of preparation and delivery of the proposal are solely the responsibility of the submitting Financial Institution. 2.9 Rejection of Proposals The City reserves the right to reject any or all proposals, in whole and in part, received in response to this RFP. Issuance of this RFP in no way constitutes a commitment by the City to award a contract. 2.10 Disqualification The City may reject proposals outright for any one of the following reasons: 2.10.1 The Financial Institution fails to deliver the proposal by the due date and time. 2.10.2 The Financial Institution states that a service requirement cannot be met. 2.10.3 The Financial Institution's response materially changes a service requirement. 2.10.4 The Financial Institution's response limits the rights of the City. 2.10.5 The Financial Institution fails to include information necessary to substantiate that it will be able to meet a service requirement. 2.10.6 The Financial Institution fails to respond to the City's request for City of Dubuque, Iowa RFP for Commercial Banking Services Page 7 information, documents, or references. 2.10.7 The Financial Institution fails to include any signature, certification, authorization, stipulation, disclosure, or guarantee requested in Section 4 of this RFP. 2.10.8 The Financial Institution presents the information requested by this RFP in a format inconsistent with the instructions of the RFP. 2.10.9 The Financial Institution initiates or continues unauthorized contact regarding the RFP. 2.10.10 The Financial Institution provides any misleading or inaccurate response. 2.10.11 The Financial Institution does not, as of the date of issuance of this RFP, have a fully staffed, physical location within the corporate limits of the City. For purposes of this subsection, "fully staffed" means (a) one or more employees of the Financial Institution being physically present at the physical location during normal banking hours; and (b) such physical location is open to the public during normal banking hours. 2.11 Nonmaterial Variances The City reserves the right to waive or permit cure of nonmaterial variances in the proposal if, in the judgment of the City, it is in the City's best interest to do so. In the event the City waives or permits cure of nonmaterial variances, such waiver or cure will not modify the RFP requirements or excuse the Financial Institution from full compliance with RFP specifications or other contract requirements if the Financial Institution is awarded the contract. The determination of materiality is in the sole discretion of the City. 2.12 Reference Checks The City reserves the right to contact any reference to assist in the evaluation of the proposal, to verify information contained in the proposal, or to otherwise discuss the Financial Institution's qualifications. 2.13 Information from Other Sources The City reserves the right to obtain and consider information from any other source concerning a Financial Institution, such as the Financial Institution's capability and performance under other contracts. 2.14 Bid Proposal Clarification Process The City reserves the right to contact a Financial Institution after the submission of proposals for the purpose of clarifying a proposal and ensuring mutual understanding. The City will not consider information received during the clarification process if the information materially alters the content of the proposal. An individual authorized to legally bind the Financial Institution shall sign all responses to any request for clarification. Responses shall be submitted to the City within the time specified in the request. Failure to comply with requests for additional information may result in rejection of the proposal as noncompliant. 2.15 Public Records and Requests for Confidential Treatment The City shall treat all information submitted by a Financial Institution as public records unless the Financial Institution properly requests that specific parts of the proposal be treated as confidential at the time of submission AND, in the opinion of the City or the City's counsel, City of Dubuque, Iowa RFP for Commercial Banking Services Page 8 the information is in fact confidential under Iowa or other applicable law. The City's release of public records is governed by Iowa Code Chapter 22. Financial Institutions are encouraged to familiarize themselves with Chapter 22 before submitting a proposal. The City will copy and produce public records as required to comply with Chapter 22 or other applicable laws, and no prior notice of the release of any public record will be provided to any Financial Institution. Any request for confidential treatment of information must be included in the transmittal letter with the Financial Institution's proposal. For each confidentiality request, the Financial Institution must (1) enumerate the specific grounds in Iowa Code Chapter 22 or other applicable law that supports treatment of the material as confidential; (2) provide adequate justification as to why the material should be maintained in confidence; (3) explain why disclosure of the material would not be in the best interest of the public; and (4) set forth the name, address, telephone number, and email address for the person authorized by the Financial Institution to respond to inquiries by the City concerning the confidential status of such material. Requests to maintain an entire proposal as confidential will result in the entire proposal being rejected as non -responsive. A request for confidentiality that does not comply with this section or a request for confidentiality of information or material which cannot be held in confidence as set forth herein are grounds for rejecting a proposal as non -responsive. Any proposal submitted which contains information for which the Financial Institution is requesting confidential treatment must be conspicuously marked by the Financial Institution as containing confidential information, and each page upon which confidential information appears must be conspicuously marked as containing confidential information. Failure to properly identify specific information as confidential shall be deemed to constitute the Financial Institution's consent to public disclosure of part or all of any such information. If the Financial Institution designates any portion of its proposal as confidential, the Financial Institution must submit a version of its proposal labeled as "Public Copy" and from which the confidential information has been excised. The confidential information must be excised in such a way as to allow the public to determine the general nature of the material removed and to retain as much of the proposal as reasonably possible. If the City receives a request for information that includes information the Financial Institution has marked as confidential and the City believes it is required to release the information so intends to release such information, the City will give written notice to the Financial Institution at least seven calendar days prior to the release of the information to allow the Financial Institution to seek injunctive relief pursuant to Iowa Code § 22.8. The City shall not be required to seek injunctive relief or otherwise take any legal action for or on behalf of any Financial Institution. After seven (7) calendar days, the City may release the information marked confidential unless a court of competent jurisdiction determines the information to be exempt from disclosure under Iowa Code Chapter 22 or other applicable law. Except as otherwise provided herein: if the Financial Institution fails to comply with the request process set forth herein; if the Financial Institution's request for confidentiality is unreasonable, as determined in the sole discretion of the City or the City's counsel; or if the Financial Institution rescinds its request for confidential treatment, then the City may release such information or material with or without providing advance notice to the Financial Institution and with or without affording the Financial Institution the opportunity to obtain an order restraining its release. City of Dubuque, Iowa RFP for Commercial Banking Services Page 9 The Financial Institution's failure to request confidential treatment of material will be deemed a waiver of any right to confidentiality the Financial Institution may have had. 2.16 Copyrights By submitting a proposal, the Financial Institution agrees that the City may copy the proposal for purposes of facilitating the evaluation of the proposal or to respond to requests for public records. The Financial Institution consents to such copying by submitting a proposal and warrants that such copying will not violate the rights of any third party. The City shall have the right to use ideas or adaptations of ideas which are presented in the proposals. 2.17 Release of Claims By submitting a proposal, the Financial Institution agrees that it will not bring any claim or cause of action against the City based on any misunderstanding concerning the information provided herein or concerning the City's failure, whether negligent or otherwise, to provide the Financial Institution with pertinent information as intended by this RFP. 2.18 Presentations Financial Institutions may be asked to make a presentation of their proposal. The presentation, if necessary, will occur at the City's offices. The determination as to need for presentations, including the location, order, and schedule of the presentations, shall be at the sole discretion of the City. 2.19 Evaluation of Proposals Submitted Proposals which are timely submitted and are not subject to disqualification will be evaluated in accordance with Section 7 of this RFP. 2.20 Definition of Contract The full execution of a separate written contract shall constitute the making of a contract for services, and no Financial Institution shall acquire any legal or equitable right relative to the goods or services to be provided in connection with this RFP unless and until a separate written contract, with terms and conditions acceptable to the City, has been fully executed by the City and the successful Financial Institution. By submitting a proposal, each Financial Institution acknowledges that any selection of a successful Financial Institution by the City under this RFP, including, without limitation, any verbal or written notice thereofprovided by or on behalf of the City, shall not create any contractual rights or other obligations between the City and the successful Financial Institution. 2.21 Choice of Law and Forum This RFP and any contract resulting therefrom shall be governed by the laws of the State of Iowa, without regard to its conflicts of laws provisions or applications. Changes in applicable laws and rules may affect the award process or the resulting contract. Financial Institutions are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFP shall be brought in the state courts of the Iowa District Court in and for Dubuque County, Iowa or the federal courts of the Northern District of Iowa, Eastern Division, and the parties hereby irrevocably consent to the exclusive jurisdiction of said courts. 2.22 Restrictions on Gifts and Activities City of Dubuque, Iowa RFP for Commercial Banking Services Page 10 Iowa Code Chapter 68B restricts gifts which may be given or received by public employees and requires certain individuals to disclose information concerning their activities with public government. Financial Institutions are responsible to determine the applicability of the law to their activities and to comply with all relevant requirements. Pursuant to Iowa Code § 722.1, it is a felony offense to bribe or attempt to bribe a public official. 2.23 No Minimum Guaranteed The City anticipates that the selected Financial Institution will provide services as requested by the City. The City will not guarantee any minimum compensation will be paid to the Financial Institution or any minimum level of usage of the Financial Institution's services. 3.0 Contract 3.1 Contract The Financial Institutions proposed contract for services must be included in the submittal. It should include the City of Dubuque's Standard Terms and Conditions found in the Appendix A. The City reserves the right to either award a contract without further negotiation with the successful Financial Institution or to negotiate contract terms with the selected Financial Institution, if the City determines, in the City's sole discretion, the best interests of the City would be served by doing so. The City reserves the right to refuse to enter into a contract with the successful Financial Institution for any reason. 3.2 Resulting Contract The contract between the City and the Financial Institution shall be a combination of: 3.2.1 The specifications, terms, and conditions of this RFP. 3.2.2 The Financial Institutions mutually agreed upon contract. 3.2.3 The contents of the Financial Institution's proposal. 3.2.4 Any written changes or clarifications made in accordance with the provisions herein. 3.3 Contract Length The City currently anticipates the duration of any resulting contract will be for an initial period of five (5) years. The City anticipates having the option to extend the contract upon the same or more favorable terms and conditions for up to one (1) additional three (3) year period following expiration of the initial five-year period, by providing the selected Financial Institution with written notice of its exercise of such option. The resulting contract may be terminated at the City's discretion, with or without cause, after thirty (30) days' written notice to the Financial Institution. 4.0 Format and Content of Proposals 4.1 Proposal Format The proposal shall be submitted as a PDF document using a page size of 8.5" x 11". 4.2 Technical Proposal City of Dubuque, Iowa RFP for Commercial Banking Services Page 11 The following documents and responses shall be included in the proposal in the order given below: 4.2.1 Transmittal Letter: An individual authorized to legally bind the Financial Institution shall sign the transmittal letter. The letter shall include the Financial Institution's mailing address, email address, and telephone number. Any request for confidential treatment of information shall be included in the transmittal letter, in addition to the specific statutory basis supporting the request and an explanation why disclosure of the information is not in the best interest of the public. The transmittal letter shall also contain the name, address, and telephone number of the individual authorized to respond to the City about the confidential nature of the information. The Financial Institution shall guarantee in writing the availability of the services offered and that all proposal terms, including price, will remain firm a minimum of one hundred eighty days (180) days following the deadline for submitting proposals. 4.2.2 Table of Contents: T h e Financial Institution shall include a table of contents of its proposal. 4.2.3 Responses to Mandatory Service Requirements: The Financial Institution shall address each mandatory service requirement under Section 6 in this RFP. In the response, please reference each section, e.g.: 6.1, 6.2, 6.3, etc. 4.2.3.1 Describe any order, judgment, or decree of any federal, state, tribal, local, or other governmental authority barring, suspending, or otherwise limiting the right of the Financial Institution to engage in any business, practice, or activity. 4.2.3.2 A list and summary of all actual and threatened litigation, administrative or regulatory proceedings, or similar matters to which the Financial Institution or its officers have been a party. Failure to disclose these matters may result in rejection of the proposal as non -responsive or termination of any subsequent contract. The above disclosures are a continuing requirement of each Financial Institution during this RFP process and of the successful Financial Institution during the term of any resulting contract. The Financial Institution shall also provide written notification to the City of each such matter commencing or occurring after submission of a proposal, and with respect to the successful Financial Institution, following execution of the contract. 4.2.4 Fee Proposal — Attachment B: The Financial Institution shall submit a fully detailed fee proposal as Attachment B. 4.2.4.1 There shall be no reimbursable expenses. T h e Financial Institution shall be solely responsible for all costs and expenses, including, but not limited to, travel, mileage, meals, lodging, supplies, training, long distance telephone, and all other costs and expenses of the Financial Institution. 4.2.4.2 The fees proposed in Attachment B shall be fixed for five (5) years from the effective date of the agreement. Thereafter, fees may be increased by no more than three percent (3%) per year; provided, City of Dubuque, Iowa RFP for Commercial Banking Services Page 12 however, that new fees may be introduced upon the written mutual agreement for new services not addressed in Attachment F, or fees attributable to new statutory or regulatory requirements. The City shall not be obligated to pay any other fee, charge, or other amount to the Financial Institution other than the fees set forth in Attachment B. 4.2.5 Interest Earnings Proposal — Attachment D: The Financial Institution shall submit a fully detailed interest earnings proposal as Attachment D. 4.2.5.1 The interest proposed in Attachment D shall be computed using the "Sample Month Data to Compute Interest Earnings" in Attachment D. The total Interest Earnings for the month shall be provided. The calculation shall assume no change in the Federal Funds rate during the month. 4.2.5.2 Please describe your policy for crediting interest earned to demand accounts. 4.2.5.3 Daily interest should be paid on the investible balance (defined as all monies on hand each night, less minimum float if required) of the City's interest -bearing accounts. All proposals shall state the current interest rate the Financial Institution will pay on the assumptions cited above. Please include in the proposal submission the index the Financial Institution uses as the basis for the interest rate. In addition, please provide information on whether the interest rate changes if more funds are invested with the Financial Institution and at what levels it changes. 4.2.5.4 It is important to describe the types of accounts the bank is willing to provide (i.e. market based interest checking account, sweep account, etc.) and the calculation of interest rate as a percentage of the federal funds rate and note the current rate when the bid is submitted. Please describe how the Federal fund rate is determined. 4.2.5.5 Include a minimum interest rate or floor rate the Financial Institution is willing to provide for the City. 4.2.6 Insurance Requirements — Attachment E: The Financial Institution will provide insurance which meets all requirements on the attached insurance schedule J, if selected as the Financial Institution of choice by the City. Any deviation from such requirements shall be specifically identified on the acknowledgment. 5.0 Current Commercial Banking Services 5.1 Current Accounts and Services The City currently maintains twenty-one (21) accounts, including thirteen (13) commercial checking accounts, in order to segregate and report on funds related to its various services and programs. The average monthly balance for all 21 accounts was approximately $48.96 million during the period of November 2023 through April 2024, as presented more thoroughly in Attachment C. A full list of all current accounts which are part of this RFP, as well as balance, volume, and count trends is included in Attachment C. All 962 current active payroll City of Dubuque, Iowa RFP for Commercial Banking Services Page 13 employees (except 4) are paid via direct deposit and are allowed up to three (3) direct deposit accounts per employee. City accounts do require cash and coin operations. 6.0 Mandatory Service / Proposal Requirements 6.1 Personnel and Account Servicing The Financial Institution must provide a dedicated relationship manager and staff capable of training and supporting all products. The dedicated relationship manager should have a strong understanding of the City's operations and sufficient decision -making authority within the Financial Institution to resolve issues. 6.1.1 Please provide a profile of the proposed assigned relationship manager and bios of all product specialists to be assigned to the City's account, including the implementation manager. Describe how the staff is organized and how the Financial Institution will meet the City's customer service needs when it needs immediate assistance with wires or other account issues. 6.1.2 Describe the availability of user guides (both for administrators and regular users), training, and customer support on an on -going basis. 6.2 General Banking Information 6.2.1 City of Dubuque Presence — Indicate if the Financial Institution has, as of the date of issuance of this RFP, a fully staffed, physical location within the corporate limits of the City. For purposes of this subsection, "fully staffed" means (a) one or more employees of the Financial Institution being physically present at the physical location during normal banking hours; and (b) such physical location is open to the public during normal banking hours. 6.2.2 Federal Reserve — The Financial Institution must have direct access to the check clearing, collection, and wire transfer services of the Federal Reserve. Please affirm. 6.2.3 Ratings — Provide ratings information from a recognized credit rating agency (e.g. Moody's, S&P Global, etc.) or financial institution rating agencies (e.g. Veribanc, Highline, etc.) 6.2.4 Financial Statements — Provide audited financial statements for the most recent three fiscal years. 6.2.5 Community Reinvestment Act (CRA) rating and rating authority — include information on the Financial Institution's CRA activity within the State and specifically within the City of Dubuque. 6.2.6 Public depository — Provide proof of current standing as an eligible public depository. 6.2.7 Collateral Policy — Provide confirmation the Financial Institution will adhere to the State's public funds collateral requirements. Iowa Code Chapter 12C, "Deposit of Public Funds", requires institutions to pledge collateral to the State Treasurer when they accept public deposits. The amount of collateral must equal or exceed the difference between the institution's public funds deposits and its total capital. The institution must also pledge eligible collateral with a custodian approved by the City of Dubuque, Iowa RFP for Commercial Banking Services Page 14 State Treasurer. The institution must determine whether circumstances require it to pledge securities on a given day. The institution must also grant the State Treasurer a perfected security interest in the collateral to secure the repayment of uninsured public funds and any future assessments. The institution must ensure the State Treasurer has a valid, enforceable, first priority security interest in the collateral. The institution's acceptance of public funds also means it consents to the disposition of the collateral, assessments by the State Treasurer, and providing accurate information. The State Treasurer's Office can answer questions about Iowa's pledging process and instructions. 6.3 Compensating Balance Credit / Interest Earnings on Account As noted in Section 5.1, the twenty-one (21) City commercial accounts had an average monthly collected balance of approximately $48.96 million during the period of November 2023 through April 2024, as detailed more thoroughly in Attachment C. T h e Financial Institution must provide credit for average collected balances on deposit in all accounts to offset the Financial Institution charges for fees. Please describe how the interest rate is established and applied and provide the monthly interest rates proposed and the calculated net interest earnings on each account listed in Attachment C from November 2023 through April 2024 which would have applied to the City. 6.4 On -Line Platform Status & Future Upgrades Maintenance of software platforms utilized in providing services to the City is a priority. Please describe the status of the on-line banking platform to be used in providing banking services for the City, how often updates are carried out, and the timeline for planned future system upgrades. 6.5 On -Line Access & Cyber Security The Financial Institution must provide a high level of on-line and cyber security. Please describe the security features of the Financial Institution's on-line access and cyber security protocols. 6.6 On -Line User Administration The Financial Institution must have on-line user account set-up and maintenance for all services provided. If a City administrator(s) cannot manage access to all services, please provide a description of the services which can and cannot be managed on-line by such an administrator. The City is looking for on-line user administration functions which allow for user set-ups to be cloned and slightly modified, instead of having to set up each new user from scratch. 6.7 On -Line Check Deposit Services The Financial Institution must provide the capability for the City to scan and deposit checks into specified accounts remotely using a digital scanner or similar device. Please describe the remote deposit process, including the deadline for same day credit deposit. Please attach availability schedules. 6.8 On -Line Wire Transfer Origination Services The Financial Institution must provide the capability for the City to originate and manage wire transfer transactions individually and to upload multiple wire transfer transactions in batches. City of Dubuque, Iowa RFP for Commercial Banking Services Page 15 Briefly describe the Financial Institution's various wiring functionalities and include the Financial Institution's deadline for accepting wiring instructions. See Attachment C for current account activity trends. 6.9 On -Line Automated Clearing House (ACH) Services The Financial Institution must provide the capability for the City to originate and manage ACH debit and credit transactions individually and to upload multiple ACH transactions in batches. See Attachment C for current account activity trends. 6.9.1 Briefly describe the Financial Institution's ACH processing windows and deadlines. 6.9.2 Briefly describe all the ways to initiate ACH on the Financial Institution's online platform and t h e available security measures related to the ACH initiation. 6.9.3 Briefly describe the security measures utilized by the Financial Institution to ensure ACH debits are authorized. 6.9.4 Briefly describe the account verification services provided by the Financial Institution. 6.10 ACH Debit Filter The Financial Institution must have the ability to set up either an ACH debit block or a debit filter on each account, as may be requested from time -to -time by the City and allow certain ACH company IDs to bypass the ACH debit blocks, if requested. Financial Institution must have the ability to set up a check clearing block on an account, as may be requested from time -to -time by the City. Please affirm. 6.11 Positive Pay Services The Financial Institution must provide for the daily, automated receipt of payment data, including check number, issue date, amount, and payee from the City, then only clear checks which match check number, issue date, amount, and payee. Please affirm. 6.12 Fraud Monitoring Please describe in detail the Financial Institution's fraud monitoring capabilities and protocols to identify transactions which are out of the norm or suspicious, the software and other tools used to monitor transactions, expected customer notification timelines for potential issues, and the support provided to customers to investigate potential fraud and minimize loss. 6.13 On -Line Account Information / Reporting (1,095-day or 3 year minimum) Provide a brief description of these capabilities. 6.13.1 Same day reporting of ACH and wire receipts 6.13.2 Date range / transaction type search feature 6.13.3 Access to images of cleared checks 6.13.4 Detail of wire transfers and ACHs 6.13.5 Access to on-line deposits and check images 6.14 Account Analysis Services The Financial Institution must document all transaction volumes and charges on an analysis City of Dubuque, Iowa RFP for Commercial Banking Services Page 16 statement and provide an internal review of the analysis statements for accuracy each month prior to assessing fees. The Financial Institution must make these analyses available to the City. Please affirm. 6.15 On -Line user defined alerts and messages The Financial Institution must provide on-line user -defined alerts and messages for critical events. Please describe how these features function. 6.16 Implementation/Conversion Plan The Financial Institution must provide an implementation/conversion plan for the transition of services from the City's current service provider. Please provide a listing of steps, responsible parties, and the approximate duration of each step. Any one-time set-up fees, consulting fees, support fees, and other fees charged for such a transition should be included in Attachment B — Fee Proposal. 6.17 Other Financial Institution Relationships with the City Please highlight any current relationships the Financial Institution has with the City and how each such relationship helps support the City's Vision Statement, Mission Statement, and Equitable Community of Choice, as stated in Section 1.2. 6.18 Other Services and Strategies Please describe in narrative form those services or strategies that are not covered in Sections 6.1 through 6.16 which may benefit the City, such as process improvements and/or more efficient new technologies. This response may not exceed one single-spaced page in length. 6.19 References Provide the entity name, contact person, telephone number, and email address for at least three (3) clients the Financial Institution currently serves. Please include references for public entities or entities of comparable size, if any. 7.0 Evaluation of Bid Proposals 7.1 Introduction This section describes the evaluation process that will be used to determine which bid proposal provides the greatest benefits to the City. The evaluation process is designed to award the contract to the Financial Institution with the best combination of attributes to best perform the required services at the greatest benefit of the City, not necessarily to the Financial Institution of least cost. 7.2 Evaluation Committee The City intends to conduct a comprehensive, fair, and impartial evaluation of bid proposals received in response to this RFP. An Evaluation Committee will review and evaluate the proposals. The Evaluation Committee will make a recommendation to the City Manager. No debriefing or scoring information shall be released before the City Manager or City Council has recommended that an agreement be negotiated with the recommended Financial Institution. However, after authorization has been granted to negotiate an agreement, all contents of the submitted proposals (except those properly subject to the confidentiality provisions of this RFP) shall become public information. City of Dubuque, Iowa RFP for Commercial Banking Services Page 17 7.3 Evaluation Criteria The Evaluation Committee will evaluate all proposals and make an award recommendation to the City Manager using the following criteria and general considerations: 7.3.1 Availability and Quality of Service (35%) - the ability to meet the City's current and projected service requirements, capacity to provide a wide range of on-line services, the experience of assigned staff, and quality of references. 7.3.2 Cost (25%) — cost per identified activity and aggregate service costs, earnings credit rate, availability of funds schedule. 7.3.3 Technology/Innovation (20%) — the manner in which the Financial Institution's proposal has addressed the required items included in this RFP, including conversion/implementation plans. 7.3.4 Financial Strength and Stability (15%) — the ability to demonstrate favorable capital adequacy ratio (CAR), asset quality ratio, net interest margin (NIM), and return on assets (ROA). 7.3.5 Completeness and Conciseness of Response (5%) — the manner in which the Financial Institution's proposal has addressed the required items included in this RFP. 7.3.6 Local Purchasing Preference - As required by Iowa Code § 23A.3, it shall be City policy to consider purchasing equipment, materials, supplies, and services from locally owned businesses located within the City of Dubuque, when the cost and other considerations are relatively equal. 8 Disputes/Exceptions Any prospective proposer who disputes the reasonableness or appropriateness of any item within this RFP document, any addendum to this RFP document, any notice of award, or any notice of rejection shall set forth the specific reason(s) and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification from the City. The written dispute shall be sent via certified mail or delivered in person to the Issuing Officer set forth in Section 2.1, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. City of Dubuque, Iowa RFP for Commercial Banking Services Page 18 Attachment A — City of Dubuque Standard Terms and Conditions ACCELERATED PAY DISCOUNTS - Accelerated discounts should be so stated on the bid submittal page. If quick pay discounts are offered, the City reserves the right to include that discount as part of the award criteria. Prices must, however, be based upon payment in net thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later. ADA COMPLIANCE 1. The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 et seq.) and applicable Federal regulations under the Act. 2. Bids for design, construction, programs, policies and concessions of any type shall comply with the 2010 Standards for Accessible Design, the ADA title II regulation, Section 504 of the 1973 Rehabilitation Act, and similar statutes and regulations prohibiting discrimination on the basis of disability. 3. The Contractor shall ensure that its websites and all online services, including those websites or online services provided by third parties upon which Dubuque relies to provide services or content, comply with, at minimum, Web Content Accessibility Guidelines - WCAG 2.0 AA. ASSIGNMENT - The City and the Contractor each are hereby bound and the partners, successors, executors, administrators and legal representatives of the City and the Contractor are hereby bound to the other party to the Contract and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of the Contract. Any assignment or attempt at assignment made without prior written consent of the City shall be void. BID CURRENCY/LANGUAGE - All bid prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All bid responses must be submitted in English. BID FORM - Each bidder must submit an original bid and additional copies as required on the forms attached. The bidder shall correctly sign the bid, and the bid may be rejected if it shows any omissions, alterations of the form, additions not called for in the bid, or any irregularities of any kind. In case of a discrepancy between the unit price and the extended price, the unit price shall prevail. BID INFORMATION IS PUBLIC — The bid and all documents submitted with any bid shall become public documents subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting the bid any document to the City of Dubuque in connection with a bid, the submitting party recognizes this and waives any claim against the City of Dubuque and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Dubuque and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Dubuque arising from any opportunity. Bid information requested by the public or other bidders will be provided in an alternative format if the requestor is a person with a disability and requires an alternative form for comprehension. BID REJECTION OR PARTIAL ACCEPTANCE - The City reserves the right to accept or reject any or all bids or parts thereof. The City further reserves the right to waive technicalities and City of Dubuque, Iowa RFP for Commercial Banking Services Page 19 formalities in bids, as well as to accept in whole or in part such bids where it is deemed advisable in protection of the best interests of the City. CONFLICT OF INTEREST - The Contractor represents, warrants, and covenants that no relationship exists or will exist during the Contract period between the Contractor and the City that is a conflict of interest. No employee, officer or agent of the Contractor shall participate in the selection or in the award if a conflict of interest, real or apparent, exists. The provisions of Iowa Code ch. 68B shall apply to the Contract. If a conflict of interest is proven to the City, the City may terminate the Contract, and Contractor shall be liable for any excess costs to the City as a result of the conflict of interest. The Contractor shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. The Contractor shall report any potential, real, or apparent conflict of interest to the City. CONTRACT DOCUMENTS — The Contract Documents are this Contract, the Request for Bids, the Contractor's Bids, and the following additional documents, if any: In the event of a dispute with respect to any term or condition in the Contract Documents, they shall be interpreted in the following order: this Contract, the Request for Bids, the Contractor's Bids, and the following additional documents, if any: DISPUTES - Should any disputes arise with respect to the Contract, the Parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute and the City shall continue to make payment for all Work properly performed. Should the Contractor fail to continue to perform its responsibilities regarding all non -disputed work, without delay, any additional costs incurred by the City or the Contractor as a result of such failure to proceed shall be borne by the Contractor. The unintentional delayed payment by the City to the Contractor of one or more invoices not in dispute in accordance with the terms of the Contract will not be cause for Contractor to stop or delay Work. FORCE MAJEURE - Force majeure shall be any of the following events: acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class or kind specifically named or referred to herein, not within the reasonable control of the party affected. A delay in or failure of performance of either party shall not constitute a default hereunder nor be the basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is caused by force majeure. The party who is prevented from performing by force majeure shall be obligated, within a period not to exceed fourteen (14) days after the occurrence or detection of any such event, to give notice to the other party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay, and shall remedy such cause as soon as reasonably possible, as mutually agreed between the parties. INDEMNIFICATION - To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its officers and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, City of Dubuque, Iowa RFP for Commercial Banking Services Page 20 sickness, disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, or anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. LAWS AND REGULATIONS - The Contract shall be governed, interpreted and enforced in accordance with all applicable federal, State of Iowa, and local laws, ordinances, licenses and regulations and shall apply to the Contract throughout, as the case may be. The Contractor certifies that in performing the Contract it will comply with all applicable provisions of the federal, state, and local laws, ordinances, licenses and regulations. Venue for any action arising out of this Contract shall be the Iowa District Court for Dubuque County, Iowa. METHOD OF AWARDING - The City reserves the right to make awards based on the entire bid or on an item -by -item basis. However, if Contractor's bid is based on an "all or none" condition, the City may consider its bid non -responsive and reject the entire bid. NO GIFT STANDARD - The City of Dubuque is committed to upholding the highest ethical standards in all of its business practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees. Therefore, all suppliers have been asked to abide by the City's "No Gift" standard. The "No Gift" standard also applies to all offers of discounts or free items at any place of business targeted toward a City employee and not available to the general public, regardless of the value. NON -COLLUSION STATEMENT - Neither the Contractor, nor anyone in the employment of the Contractor, has employed any person to solicit or procure the Contract nor will the Contractor make any payment or agreement for payment of any compensation in connection with the Contract. There is no contract, agreement or arrangement, either oral or written, expressed or implied, contemplating any division of compensation for Work rendered under the Contract or participation therein, directly or indirectly, by any other person, firm or corporation, except as documented in the Contract. Neither the Contractor, nor anyone in the employment of the Contractor, has either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive procurement in connection with the Contract. NON-DISCRIMINATION AND EQUAL OPPORTUNITY - All Contractors that engage in contracts with the City of Dubuque, Iowa agree as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, creed, ancestry, national origin, marital status, Familial status, religion, age, disability, sexual orientation, gender identity, genetic information, status with regard to public assistance, status as a veteran or any classification protected by federal, state, or local law, (Protected Classes) except where age and sex are essential bona fide occupational requirements, or where disability is a bona fide occupational disqualification. Such action shall include, but not be limited to the following; (a) Employment, (b) Upgrading, (c) Demotion or transfer, (d) Recruitment and advertising, (e) Layoff or termination, (f) Rate of pay or other forms of compensation, and (g) Selection for training, including apprenticeship. The Contractor further assures that managers and employees comply with both the spirit and intent of federal, state, and local legislation, government regulation, and executive orders in providing affirmative action as well as equal opportunity without regard to the protected classes, as stated above. The Contractor will include, or incorporate by reference, the provisions of the nondiscrimination clause in every contract or subcontract unless exempt by the rules, regulations or City of Dubuque, Iowa RFP for Commercial Banking Services Page 21 orders of the City and will provide in every contract or subcontract that said provision will be binding upon each Contractor. REGULATORY AGENCY COMPLIANCE - Compliance with laws and regulations set forth by regulatory agencies is required. These agencies include, but are not limited to, OSHA — Occupational Safety & Health Agency, EPA — Environmental Protection Agency, ICC — Interstate Commerce Commission, DNR — Department of Natural Resources, and DOT — Department of Transportation. The City of Dubuque expects that Contractors will offer expertise on conformance of regulations applying to the products they sell and the Work they perform. RIGHT TO PROTEST - Anyone wishing to file a protest concerning (1) the specifications, (2) the bid procedure or (3) the award of the Contract must do so in writing in accordance with the City's Protest by bidders which is found in the City's purchasing policy SAFETY DATA SHEETS - The Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, and importers to ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked and to provide Safety Data Sheets (SDS) to communicate the hazards of hazardous chemical products. It is the chemical supplier's responsibility to determine which products are covered and to provide SDS with the initial shipment. It is also the chemical supplier's responsibility to provide any updated or revised SDS, as they become available for any products sold and delivered to the City of Dubuque. City of Dubuque employees shall not accept a shipment of any chemical that does not have a SDS attached or currently on file. Safety Data Sheets shall be available in alternative formats if the requestor is a person with a disability and requires an alternative format for comprehension. SUBCONTRACTING - All Subcontractors shall be listed in the Contract or in a written amendment to the Contract. SUSPENSIONS AND DEBARMENT - The Contractor hereby certifies, pursuant to 2 CFR pt. 180 and 2 CFR pt. 3000, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the Contract by any federal agency. The Contractor further certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contracts with the City of Dubuque or the State of Iowa. TAXES - The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. TERMINATION OF CONTRACT - The City may terminate the Contract at any time for any reason with or without cause. In that event, all finished or unfinished Work, reports, materials(s) prepared or furnished by the Contractor under the Contract shall, at the option of the City, become its property. If the Contract is terminated by the City as provided herein, the Contractor shall be paid for all Work which has been authorized, provided, and approved up to the effective date of termination. The City will not be subject to any termination fees from the Contractor. WARRANTIES - WORK - The Contractor shall perform Work for the City pertaining to the Project as set forth in the Contract. Contractor represents that the Work and all of its components shall be free of defects; shall be performed in a manner consistent with other Contractors in a similar industry and application; and shall conform to the requirements of the Contract. City of Dubuque, Iowa RFP for Commercial Banking Services Page 22 Contractor shall be responsible for the quality, technical accuracy, completeness and coordination of all Work performed under the Contract. Contractor shall, promptly and without charge, provide all corrective Work necessary as a result of Contractor's acts, errors, or omissions with respect to the quality and accuracy of the Work. Contractor shall be responsible for any and all damages to property or persons as a result of Contractor's acts, errors, or omissions, and for any losses or costs to repair or remedy any Work undertaken by City based upon the Work as a result of any such acts, errors, or omissions. Contractor's obligations shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Contractor. WARRANTIES - INTELLECTUAL PROPERTY - Contractor represents and warrants that all the materials and Work produced, or provided to the City pursuant to the terms of the Contract shall be wholly original with the Contractor or that the Contractor has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such materials and work. The Contractor represents and warrants that the materials and Work, and the City's use of same, and the exercise by the City of the rights granted by the Contract shall not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation. The Contractor further represents and warrants that the materials and Works does not infringe upon the copyright, trademark, trade name, trade dress patent, statutory, common law or any other rights of any person, firm or corporation or other entity. The Contractor represents and warrants that it is the owner of or otherwise has the right to use and distribute the Work contemplated by the Contract. City of Dubuque, Iowa RFP for Commercial Banking Services Page 23 Attachment B — Fee Proposal Financial Institution to prepare and submit as Attachment B a full detailed schedule of all proposed specific fees based on information provided in this Request for Proposals. Please submit fees for the accounts provided in Attachment C that have transaction analysis provided and provide a schedule of overall fees for each service requested below. Item Unit Price Total Monthly Fees Explanation Ongoing Current Services: Account Maintenance (Each Account) Paper Credits Paper Debits Electronic Credits Electronic Debits Deposited Items Deposited Items Returned Coin Deposits Currency Deposits Returned Check Image Copy Account inquiry Overdraft Fees Account Reconciliation Services Positive Pay Maintenance Positive Pay per item Positive Pay — Exception Items File Confirmation Per Email Online Banking ACH Received Item Report-Accts Returned Item Report Online Banking Current Day Detail Online Banking Prior Day Account Online Banking Prior Day Module Online Banking Prior Day Detail Online Banking Online DDA Statement Book Transfer Monthly Maint Acct/Internal Transfers Stop Payments Monthly Maint Stop Payments — Per Stop ACH Monthly Maintenance Image Monthly Acct. Maint Page 24 of 32 Item Unit Price I Total Monthly Fees Explanation Wire Transfers Wire Monthly Maintenance Incoming Domestic Wire Domestic Repetitive Outgoing Domestic Wire Internal Transfers ACH Service ACH Monthly Maintenance ACH Process Run ACH Originated Item ACH Received Item PC ACH Direct Monthly Maint PC ACH Direct Process Run PC ACH Direct Item ACH Block Monthly Maint Per Acct ACH Filter Monthly Maint Per Acct ACH Return Per Item ACH Return/NOC Emailed Positive Pay # of Check Runs: Weekly (52) Safekeeping (incl. reporting): Interest Received Maturities/Calls Investment Settlement (DVP) Account Maintenance Price to Market Report Banking Supplies: Coin Wrappers Standard Deposit Slip Books Standard business checks Check Stock Locking Bank Bags Miscellaneous Services: Night Depository Service Page 25 of 32 Item Unit Price Total Monthly Fees Explanation Safe Deposit Box (LG) Courier Service Fee for audit confirmations Other Items Not Mentioned: Page 26 of 32 Attachment C - Current City Account Analysis Data Account City of Dubuque General City of Dubuque TTEE for DBQ Solid Waste Disposal City of Dubuque Credit Card/Merchant Services Dubuque Initiatives Dubuque Initiatives Dynamic Sweep City of Dubuque Ambulance Billing Lodcbox City of Dubuque Utility Billing City of Dubuque Cable Franchise Equip Fund City of Dubuque Housing Services Pop Fund City of Dubuque Street & Garage Charity Fund City of Dubuque Street & Garage Charity Fund City of Dubuque Police Forfeiture Fund City of Dubuque Employees Lounge Committee City of Dubuque Tyler Credit Card Dubuque Initiatives Childcare Wage Enhancement Pro City of Dubuque Fire Station 4 City of Dubuque Police Unclaimed Funds City of Dubuque Oakview 360 Event City of Dubuque Oakview 360 Operating City of Dubuque Oakview 360 Capital City of Dubuque Switch Escrow Account City of Dubuque General City of Dubuque TTEE for DBQ Solid Waste Disposal City of Dubuque Credit Card/Merchant Services Dubuque Initiatives City of Dubuque Ambulance Billing Locl<box City of Dubuque Fire Station 4 City of Dubuque Police Unclaimed Funds City of Dubuque Oakview 360 Operating City of Dubuque Utility Billing Type Checking wAnt Checking wAnt Checking mint Analyzed Bus Ckg Dynamic Sweep Analyzed Bus Ckg Checking wAnt Savings Business Savings Business Savings Money Market Savings Money Market Checking wAnt Analyzed Bus Ckg Business Checking Checking wAnt Checking wAnt Checking wAnt Checking wAnt Checking wAnt Apr-24 Mar-24 Feb-24 Jan-24 Dec-23 Nov-23 $ 14,204.579 511.794,695 513.001,766 $12.813.226 $17,428.544 $22,270.999 $10,327.336 $9,797,827 $9.249,182 $10,848,299 $12,440.985 $11,969,190 S7,214,848 $6,882,528 $6.472,564 $6,249,428 S5,995,249 $5,745,561 $100,047 5100.026 5106,409 599,949 596,051 $94,201 $198,581 5200.665 5111,713 519,620 $8,131 $2,483 52,750,717 $2,548,649 $2.313,198 $2,032,946 S1,779,299 $1,545,410 $12,291.879 $10,433,633 $8.200,423 $9,799,608 S9,550,080 $7,545,586 S1,210.241 $1,210,190 $1,210,166 $1,210,170 S1,210,119 $1,210,069 $512 $512 $512 5512 5512 $512 $550 $550 $550 5550 5550 $550 $419 $436 $400 5269 5334 $349 $150,270 S150,263 S150,257 $150.251 $150.245 $150,239 $660 $676 $692 S708 5725 $741 S3,898.088 $3,099,453 $2.093,413 $1,278,455 $549,992 $27,755 $229,798 5228.524 $96,358 566,290 511,290 $0 $205 $156 $153 5102 5218 $264 5106,535 S116,421 S130,101 $138,564 $256,104 $351.142 $83,445 $83,442 $83,438 S83,435 S83,431 $83,428 $263.040 S258,915 S413,597 $327,645 $240,893 $289,224 $256.978 5256,967 S256,957 $258.643 $263,511 $263,500 $399,754 5399.811 5399,872 $399.917 $399.971 $400.006 S 53,688,482 S 47,564.339 S 44,291,721 S 45,778,587 S 50,466,234 S 51,951.209 Apr-24 Mar-24 Checks # of Checks Wires Checks Written Deposited ACH Credits ACH Debits Initiated Written 333 1628 115 42 4 340 0 168 29 1 0 0 2 280 348 38 0 2 11 2 2 1 0 6 0 32 65 9 0 0 0 0 0 2 0 0 2 0 0 0 6 1 59 11 22 17 0 60 0 5054 29 0 0 1 # of Checks ACH ACH Wires Deposited Credits Debits Initiatied 806 118 45 1 124 26 1 0 266 306 22 0 1 2 1 0 39 79 18 0 0 0 2 0 0 0 0 0 23 17 15 0 5737 28 0 0 Page 27 of 32 Attachment D — Sample Month Data to Compute Interest Earnings Daily Collected Weekday Day of Month Balance Beginning: $ 16,368,697 Monday 1 15,038,675 Tuesday 2 15,905,344 Wednesday 3 14,762,252 Thursday 4 14,762,252 Friday 5 14,595,070 Saturday 6 14,595,070 Sunday 7 14,595,070 Monday 8 13,188,615 Tuesday 9 11,910,004 Wednesday 10 11,214,668 Thursday 11 11,077,292 Friday 12 9,877,863 Saturday 13 9,877,863 Sunday 14 9,877,863 Monday 15 9,235,461 Tuesday 16 9,818,215 Wednesday 17 9,568,634 Thursday 18 8,554,194 Friday 19 23,124,360 Saturday 20 23,124,360 Sunday 21 23,124,360 Monday 22 7,900,452 Tuesday 23 8,331,324 Wednesday 24 7,547,764 Thursday 25 15,453,562 Friday 26 13,619,129 Saturday 27 13,619,129 Sunday 28 13,619,129 Monday 29 14,575,261 Tuesday 30 14,575,261 Wednesday 31 13,980,247 Total Interest earnings for month: $ Assumes no change in Federal Funds rate during the month Page 28 of 32 Attachment E — Insurance Requirements 1. INSURANCE SCHEDULE J _ shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project #_or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits, then the provider's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 29 of 32 INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 30 of 32 INSURANCE SCHEDULE J (continued) D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY 1) Directors and Officers $20,000,000 Provide evidence of coverage for 5 years after completion ofproject. F) CYBER LIABILITY $20,000,000 Coverage for First- and Third -Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. G) FINANCIAL INSTITUITOIN BOND $20,000,000 H) WIRE TRANSFER LIABLITY $20,000,000 Page 31 of 32 PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 32 of 32