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HomeMy WebLinkAbout04-04-2016 Council Meeting SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert - Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Debora Nelson INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Department of Health Award Presentation for Water Treatment Plant Operations Jim Kelly PROCLAMATIONS Volunteer Week Proclamation ATTACHMENT A Mayor Barb Tolbert Arbor Day Proclamation ATTACHMENT B Mayor Pro Tem Debora Nelson PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Debora Nelson 1. Minutes of the March 21 and 28, 2016 Council Meetings ATTACHMENT C and Minutes of March 12, 2016 EMS Retreat 2. Accounts Payable PUBLIC HEARING NEW BUSINESS 1. 59th Avenue Repair – Apparent Low Bidder ATTACHMENT D Staff Presentation: Eric Scott Council Liaison: Jan Schuette Arlington City Council Meeting Monday, April 4, 2016 at 7:00 p.m. City Council Chambers – 110 E Third St SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. 2. Award Contract for Banking Services ATTACHMENT E Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Debora Nelson DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here National Volunteer Week Proclamation WHEREAS, the entire community can inspire, equip and mobilize people to take action that changes the world; and WHEREAS, volunteers can connect with local community service opportunities through hundreds of community service organizations; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference; and WHEREAS, during this week all over the nation, service projects will be performed and volunteers recognized for their commitment to service; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, experience teaches us that government by itself cannot solve all of our nation’s social problems; and WHEREAS, our country’s volunteer force of over 63 million is a great treasure; and WHEREAS, volunteers are vital to our future as a caring and productive nation; and NOW, THEREFORE, I, Barbara Tolbert, Mayor do hereby proclaim April 10-16, 2016 National Volunteer Week in Arlington, Washington, and urge my fellow citizens to volunteer in their respective communities. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion. Signed this 4th day of April, 2016 ______________________ Barbara Tolbert, Mayor CITY OF ARLINGTON PROCLAMATION ARBOR DAY WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Arlington has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting practices; NOW, THEREFORE, I, Barbara Tolbert, Mayor of the City of Arlington, Washington, do hereby proclaim April 18, 2016 as ARBOR DAY in the City of Arlington, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well- being of this and future generations. Signed this 4th day of April, 2016 ______________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third March 21, 2016 City Council Members Present by Roll Call: Mike Hopson, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: Jan Schuette (excused) City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Garcia, Bruce Stedman, Jonathan Ventura, Kendahl Beecher, Marc Hayes, Jim Kelly, Anthony Davis, Michael Gilbert, Kay Schander, Ken Thomas, Sarah Lopez, Deana Dean, and Steve Peiffle – City Attorney Also Known to be Present: Heather Logan, Michelle Jacobs-Mathis, and Kirk Boxleitner Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. Arlington Boy Scout Troop 29 presented the colors and led the Pledge of Allegiance. APPROVAL OF THE AGENDA Mayor Pro Tem Debora Nelson moved to approve the Agenda. Chris Raezer seconded the motion which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS Public Safety Director Bruce Stedman introduced new Police Officer Kendahl Beecher to Council. City Attorney Steve Peiffle administered the oath and Officer Beecher’s father performed the badge pinning. Michelle Jacobs-Mathis and Heather Logan spoke to the Leadership Snohomish County Project. PROCLAMATIONS Mayor Barbara Tolbert read the Proclamation for Leadership Day in Snohomish County and announced October 14, 2016 as Leadership Day in Arlington, Washington. PUBLIC COMMENT None CONSENT AGENDA Debora Nelson moved and Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the March 7 and March 14, 2016 Council Meetings 2. Accounts Payable: EFT Payments & Claims Checks #86663 through #86820 dated March 8, 2016 through March 21, 2016 in the amount of $486,874.59. 3. Inter-fund Loan from the Growth Fund to the EMS Fund. 4. Public Art Proposal. 5. Acceptance of Community Contribution Grant for Impacts from Stillaguamish Tribe Angel of the Winds Casino for the Purchase of a Police Vehicle. PUBLIC HEARING None Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting March 21, 2016 Page 2 of 2 NEW BUSINESS Land Use Code Amendment – AMC 20.96 Permit Center Manager Marc Hayes requested council adopt the amendment clarifying land use code processes following the March 1, 2016 public hearing. Jesica Stickles moved and Marilyn Oertle seconded the motion to approve the proposed amendment to Title 20, Section 20.96 of the Arlington Municipal Code, and authorize the Mayor to sign the ordinance. The motion was approved by a unanimous vote. Street Closure for Special Event Recreation and Communications Manager Sarah Lopez requested council approve the street closure for an open house/car drive in event on May 5, 2016 at 192nd Street be closed from 59th Avenue east to 62nd Ave NE. Sue Weiss moved and Chris Raezer seconded the motion to approve the street closure request from Peter Harrett of Top Secret Customs and Restorations for the open house/car drive event dated May 5, 2016. The motion was approved by a unanimous vote. Park Master Plan Sarah Lopez requested council adopt the Parks and Recreation Master Plan Update 2016 adopt the Park Master Plan as discussed at the March 14, 2016 council workshop to include the pocket park addition. Council comments followed. Sue Weiss moved and Jesica Stickles seconded the motion to approve the Parks and Recreation Master Plan 2016 Update and authorize the Mayor to sign the ordinance. The motion was approved by a unanimous vote. ADMINISTRATOR & STAFF REPORTS None COUNCIL MEMBER REPORTS Marilyn Oertle, Jesica Stickles, Sue Weiss, Chris Raezer, Debora Nelson, and Mike Hopson gave brief reports. Councilmember Stickles informed and invited all to the March 25th Flashlight Easter Egg Hunt fundraiser. MAYOR’S REPORT Mayor Tolbert reminded council of the March 30th crime prevention community meeting in Council Chambers, of the March 31st business watch meeting in Smokey Point, of the March 31st Everett Community College strategic visioning meeting on higher education, and of the April 22nd poverty simulation. EXECUTIVE SESSION City Attorney Steve Peiffle indicated the need for executive session to discuss pending and potential litigation under RCW 42.30.110(1)(i) to last approximately 15 minutes. 7:28:51 Council in recess for executive session. 7:49:45 Council reconvened. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:50 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street March 28, 2016 Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: None Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Kristin Garcia, Monica Schlagel, Linda Taylor, Eric Scott, Jonathan Ventura, Wendy Van Der Meersche, and City Attorney Steve Peiffle Also Known to be Present: Dennis Smith, Alex Lark, Kirk Boxleitner, Sarah Arney, Holly Sloan- Buchanan, and Ronald Young Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. Mayor Pro Tem Debora Nelson moved to approve the agenda; Chris Raezer seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS – NO ACTION WAS TAKEN Dennis Smith – United Way Report – Community Funding Distribution After Oso Mudslide Dennis Smith, President and CEO of United Way of Snohomish County, distributed a handout and provided an SR530 two-year report of the organization’s community disaster recovery funding and distribution for Oso mudslide relief. Discussion and questions followed. Alex Lark – Housing Hope – Supportive Housing for Twin Lakes Landing Alex Lark, Philanthropy Manager of Housing Hope, gave an overview with the use of an overhead presentation of services the organization provides and spoke about the upcoming late May/early June 2016 groundbreaking of a new 50 unit multifamily residential complex in Smokey Point to serve homeless and at-risk households. Discussion and questions followed. Request for Proposal for Classification & Compensation Study Kristin Banfield, Director of Human Resources & Communications, spoke regarding the City’s request for proposals to design, conduct, and assist in the implementation of a comprehensive compensation study for the City’s employees. Kristin indicated she will be back in May with proposals. Brief discussion followed with Kristin answering council questions. 59th Avenue Repair – Apparent Low Bidder Eric Scott, City Engineer, spoke regarding the recently advertised project for 59th Avenue repair, and staff’s request to award the project to apparent low bidder, Lakeside Industries. Brief discussion followed with Eric answering council questions. Award Contract for Banking Services Kristin Garcia, Finance Director, spoke regarding the City’s recently advertised Request for Proposal (RFP) for banking services, and staff’s request to award the banking services contract to Opus Bank. Brief discussion followed with Kristin answering council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop March 28, 2016 Page 2 of 2 February 2016 Financial Report Kristin Garcia reviewed the February 2016 Financial Report and answered council questions. Miscellaneous Council Items Paul Ellis, City Administrator, reminded councilmembers of important upcoming meetings; Town Hall Meeting (All-In Campaign Update) Council Chambers, Wednesday, March 30, 6-8pm Smokey Point Business Watch, LIFEchurch360, Thursday, March 31, 6-8pm Spotlight on North Snohomish County, Weston High School, Thursday, March 31, 5-9pm Public Comment Holly Sloan-Buchanan thanked the non-profit groups for speaking to Council and to the City for showing community interest and value in their programs. Ronald Young questioned the City’s financial support and hosting of yearly Easter Egg Hunt and questioned Christian affiliation. Sarah Arney asked for the Council Spring Retreat particulars. Executive Session None The meeting was adjourned at 8:14 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 1 Council Chambers 110 East Third Street March 12, 2016 Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: None Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Kristin Garcia, Bruce Stedman, Jonathan Ventura, Tom Cooper, Dave Kraski, Bob Beam, Stephanie Shook, Phil Knepper, Kyle Drewry, Drew Shannon, Matt Urtz, Kirk Normand, Keanan Metcalfe and City Attorney Steve Peiffle. Also Known to be Present: Peter Moy, Dennis Fenstermaker, Toby Hyde, Travis Hots, Rick Isler, Jim Rankin, Terry Marsh, John Cermak, Willy Harper, Steve Geiger, John Jacobson, Erik Nordstrom, and Scott Hamilton. Retreat Facilitator Steve Peiffle called the meeting to order at 8:30 a.m. and the pledge of allegiance followed. RETREAT ITEM – FIRE & EMS SERVICE SUSTAINABILITY – NO ACTION WAS TAKEN Mr. Peiffle introduced the purpose of the retreat and outlined the agenda for the day. Public Safety Director Bruce Stedman reviewed a brief history of EMS service in Arlington and the current situation. With leadership from Mr. Peiffle, Council and staff began discussing a criteria for decisions the City may need to make about EMS service. Peter Moy, Principal at FCS Group, then presented the Cost of Service and Ambulance Utility Rate Study to the Council and staff. Discussion followed. Staff will be returning in the future with additional information, financial analysis for further discussions with Council. With no further topics to be discussed, the retreat was adjourned at 1:16 p.m. ____________________________ Barbara Tolbert, Mayor Minutes of the Arlington City Council Retreat Fire / EMS Sustainabilit City of Arlington Council Agenda Bill Item: NB #1 Attachment D COUNCIL MEETING DATE: April 4, 2016 SUBJECT: Apparent low bid for the 59th Avenue Repair Project ATTACHMENTS: Bid Tabulation from March 23, 2016 Bid Opening DEPARTMENT OF ORIGIN Public Works – Eric Scott EXPENDITURES REQUESTED: $ 83,120 (Apparent Low Bid) BUDGET CATEGORY: Transportation Benefit District LEGAL REVIEW: DESCRIPTION: The 59th Avenue Repair Project was recently advertised for construction and bids were opened on Wednesday March 23rd, a summary of the bids tabulation is attached. HISTORY: The 59th Avenue Repair was originally planned to be included as part of the 2016 pavement preservation construction package. However, due to increased concern by local businesses on the road quality, staff accelerated the schedule of the repair. The 59th Ave repair work is being separated from the asphalt overlay work and will be completed within the next few months (pending weather). Pavement overlay work for 59th Ave will be completed later in the year as planned. This project is being coordinated with the Transportation Benefit District’s 2016 pavement overlay program. ALTERNATIVES Reject bids; re-advertise the project Remand to staff for further evaluation RECOMMENDED MOTION: I move to award the 59th Avenue Repair Project to Lakeside Industries and authorize the Mayor to sign the construction contract, pending review by the City Attorney. City of Arlington Council Agenda Bill Item: NB #2 Attachment E COUNCIL MEETING DATE: April 4, 2016 SUBJECT: Award Contract for Banking Services ATTACHMENTS: Request for proposal (RFP) Draft contract (see attachment C of the RFP) DEPARTMENT OF ORIGIN Finance; Kristin Garcia – Finance Director 360-403-3431 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The city published a request for proposal (RFP) for banking services on February 10, 2016. A total of four (4) proposals were received. Proposals were received from Skagit Bank, Opus Bank, US Bank and Columbia Bank. The review committee included myself, Sheri Amundson, Bryan Terry and Kristin Banfield. The request for proposals were evaluated based on the following criteria; responsiveness to the RFP, the bank’s ability to perform required services, fees, references, community presence and interviews. Proposers were required to meet minimum qualifications in regard to; having authority to do business in the State of Washington, access to the federal reserve system, be in legal compliance with federal, state and local laws, be a qualified depository for public funds and have a local banking office. Responsiveness to the RFP was broken down further and evaluated based on; online security, disaster recovery, training, online reporting capability, other services being offered (to meet future city needs), ACH, direct deposit and P-card programs. Two banks were eliminated during the first round of review. Skagit Bank was determined to be unresponsive as their proposal did not provide enough detailed information to determine if all requirements could be met. US Bank was also eliminated as their fees were higher than the city is currently paying and responses from the reference checks were not satisfactory. Opus Bank and Columbia bank made it to the final round of review and participated in an on- site interview. Opus Bank was selected as the most qualified. The review committee recommends awarding the banking contract to Opus Bank. The contract will commence April 1, 2016 for a period of three (3) years with an option to extend for an additional two (2) years. City of Arlington Council Agenda Bill Item: NB #2 Attachment E HISTORY: The City has been banking with Bank of America for at least the past 20 years. It is a prudent business practice to review processes and services on a periodic basis to determine if you are receiving the required level of service, quality of service and best pricing for those services. On February 8, 2016, the council approved the issuance of an RFP for banking services. ALTERNATIVES Do not accept the review committee’s recommendation Republish the request for proposal RECOMMENDED MOTION: I move to award the banking services contract to Opus Bank and authorize the Mayor to sign it. 1 Request for Proposal (RFP) for: Banking Services City of Arlington, WA Finance Department 238 N Olympic Ave Arlington, WA 98223 January 2016 2 City of Arlington REQUEST FOR PROPOSAL I PURPOSE OF REQUEST The City of Arlington (“City”) is requesting proposals for its primary banking services. The City’s needs are outlined in the following Request for Proposal (“RFP”). II BID PROCESS The City will attempt to follow this timetable, which should result in the implementation of a banking services agreement by April 1, 2016. Issue RFP February 10, 2016 Deadline for Questions February 17, 2016 Deadline for Submittal of Proposals - 4:00 p.m. February 29, 2016 Interview with Selected Firms (if necessary) March 7, 2016 Preliminary Selection of Firm March 14, 2016 Recommendation to City Council March 21, 2016 Contract Award March 30, 2016 Start Implementation of Banking Services April 1, 2016 Complete Implementation of Banking Services April 30, 2016 These dates are estimates and subject to change by the City III MINIMUM QUALIFICATIONS To be considered for selection, financial institutions must meet at least the following minimum qualifications: A. Authority to offer banking services. Institution must hold a charter from either the United States Government or the State of Washington. B. Access to the Federal Reserve System. Institution must be a member of (or have access to) the Federal Reserve System and have access to all Federal Reserve System services. C. Legal compliance. Institution must be in compliance with all applicable laws, rules, regulations, and ordinances of the City of Arlington, the State of Washington, and the United States. D. Public Deposit Protection Act. Institution must be a Washington State qualified depository for public funds and must be in compliance with the Washington Public Deposit Protection Act (RCW 39.58). E. Local banking office. Institution must have an established office or local branch within the city limits of City of Arlington and maintain a current City business license. 3 IV INSTRUCTIONS TO PROPOSERS A. All proposals and questions should be directed to: Kristin Garcia, Finance Director City of Arlington 238 N Olympic Ave Arlington, WA 98223 (360) 403-3431 kgarcia@arlingtonwa.gov B. All proposals must be received by February 29, 2016 at 4:00 p.m. Deliver proposals (in Adobe pdf or compatible format) to City Hall – Finance to the email addresses below (preferred) or mail/deliver sealed proposals to the address below. If mailing sealed proposals, please provide five (5) copies. Email Mail Kristin Garcia City of Arlington Finance Director Finance Department kgarcia@arlingtonwa.gov 238 N Olympic Ave Arlington, WA 98223 Sheri Amundson Assistant Finance Director “Banking RFP” Noted on Envelope samundson@arlingtonwa.gov Email proposals shall not be deemed received until a confirmation email sent by the City is received in reply to the submitted Proposal, confirming that the email proposal was received and the format was readable by the City. C. Proposals should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Special bindings, colored displays, promotional materials, etc. are not required. Emphasis should be on completeness and clarity of content. D. All proposals must include the following: 1. Cover letter signed by the proposer representative authorized to make contractual obligations. 2. Responses to Banking Services Questions/Statements in section VIII. 3. Statement of Financial Institution Qualifications found in section IX, signed and notarized. 4. Non-Collusion Affidavit Certificate found in section X, signed and notarized. 5. A detailed schedule of costs by specified task using the Bid Sheet form in Attachment B. Volumes indicated on the Bid Sheet are estimates and actual quantities may vary. Costs not included on the Bid Sheet, but which the financial institution proposes to charge, must be individually itemized and thoroughly 4 explained. If your financial institution does not charge for the service listed on the bid sheet, enter a zero dollar amount; if the financial institution does not offer the service listed on the bid sheet, enter N/A. Bid Sheets must be executed by an official of the firm in a position to commit the institution to provide the services in accordance with these terms and conditions. V SCOPE OF SERVICES See Attachment A VI TERMS AND CONDITIONS A. The City reserves the right to reject any and all proposals, and to waive minor irregularities in any proposal. B. The City reserves the right to request clarification of information submitted, and to request additional information on any proposal. C. The City reserves the right to award any contract to the next most qualified financial institution, if the successful financial institution does not execute a contract within 15 days of being notified of selection. D. Any proposal may be withdrawn up until the date and time set above for opening of the proposals. Any proposal not so timely withdrawn shall constitute an irrevocable offer, for a period of one hundred and twenty (120) days to sell to the City the services described in the attached specifications, or until one or more of the proposals have been approved by the City administration, whichever occurs first. E. The contract resulting from acceptance of a proposal by the City shall be in a form supplied or approved by the City, and shall reflect the specifications in this RFP. A copy of the proposed contract is attached (see Attachment C). The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this RFP and which is not approved by the City Attorney’s office. F. The City shall not be responsible for any costs incurred by the financial institution in preparing, submitting or presenting its response to the RFP. VII EVALUATION PROCESS Proposals will be evaluated by a committee of City staff. Evaluations will be based on criteria outlined herein which may be weighted by the City in a manner it deems appropriate. All proposals will be evaluated using the same criteria. The criteria used will be: A. Responsiveness to the RFP The City will consider all the material submitted to determine whether the financial institution’s offering is in compliance with the RFP documents. 5 B. Ability to Perform Required Services The City will consider all the relevant material submitted by each financial institution, and other relevant material it may otherwise obtain, to determine whether the financial institution is capable of providing services of the type and scope specific to the RFP. The following elements may be given consideration by the City in determining whether a financial institution is capable: 1. The ability and capacity of the financial institution and the skills, experience, and availability of the specific individuals to be assigned to the City to perform the services required; 2. The quality of performance by the financial institution on previous and similar contracts and such other information as may be secured and considered relevant by the City, including information on customer service as supplied in section VIII 4 and obtained from references provided; 3. The ability of the financial institution to present professional and innovative work; the skill of the financial institution as demonstrated by samples of similar work and/or references from similar organizations; C. Fees As described in Section IV D. 4 and shown on Attachment B D. References As described in Section VIII 2. E. Community Presence As described in Section VIII 3. F. Interviews and Site Visits The City may conduct interviews and site visits as part of the final selection process. VIII BANKING SERVICES QUESTIONS/STATEMENTS Please provide your responses to the items below in the order presented. 1. Provide the names of individuals, with phone numbers and e-mail addresses, who will be working on the proposed services and their areas of responsibility including their specific experience relative to the request for proposal requirements. 2. Submit at least three (3) references (preferably from current local government customers) who can attest to the financial institution’s experience as it relates to providing banking services. The references must include contact name, title, address, e-mail address, telephone number and services used. 3. Describe your institution’s community participation/reinvestment program. 4. Describe your institution’s customer service philosophy and organizational structure and provide meaningful examples to illustrate. 6 5. Provide the following reports and information about your institution: a. Online reporting sample reports b. Monthly account analysis & bank statement c. Monthly merchant services report d. Most recent financial statement e. SEC and/or Moody’s credit rating or comparable rating 6. Provide a funds availability schedule. Describe one day, two day availability and wire requirements. 7. Describe your Balance Reporting systems and availability. a. What systems does the bank use to deliver balance and transaction detail information? b. What time is previous day information available for access by the customer? c. What are the hours of access of the Balance Reporting system? d. Does the bank provide current day information? i. How frequently is this information updated throughout the day? ii. What transaction types are available on current day reports? e. Describe the level of detail provided in previous and current day reports? f. How many days of history can be accessed through the system? g. In what format is information available? h. Provide a sample printout of the daily on-line balance information. i. What is your process of providing a customized report for your clients? 8. ACH Services: a. What is the recommended service delivery method (i.e. direct transmission, on-line, or other)? Does system have ability to integrate files from our CIS/ FIS systems? Is standard formatting used? i. What are the hardware/software requirements? ii. What training does the bank provide? iii. Does the software offer the ability to manage security and access levels by user? Describe. iv. What report options are available? v. What controls are in place to protect against lost files and duplications of transmissions? vi. Does the bank provide automatic file receipt acknowledgements? If so, how? vii. Describe the role of any third-party processor used by the bank to provide this service? Does the third party provide written report of security standards and protocols for client review? b. What are the hours of operation of the ACH unit? c. What are the bank’s cut-off times for customer initiation of ACH transactions? d. Describe the procedures used to verify accurate and secure receipt of transmissions. e. Can the bank automatically redeposit items returned for insufficient or uncollected funds? f. How does the bank handle file, batch, and item reversals and deletions? 9. Positive Pay a. What is the recommended service delivery method (i.e. direct transmission, on-line, or other)? What are the hardware/software requirements? b. What controls are in place to protect against lost files and duplications of transmissions? c. Does the bank provide automatic file receipt acknowledgements? If so, how? 7 d. Describe the role of any third-party processor used by the bank to provide this service. e. What is the bank’s deadline for transmitting files/data? f. What is the process for notifying the bank of a single check or small check run outside of the regular batch file? g. How does the City notify the bank of voided and stop payment checks? h. Does your bank have payee verification? i. Is the positive pay service fully implemented at all bank branches? j. How does the bank handle exception (“paid not issued”) items? i. Does the bank offer a daily listing of exception items? ii. Are there defaults available for each account to either automatically return or pay on exception items? iii. What is the timeline for reporting exceptions to the City? iv. How are exceptions reported to the City? Will an image be available? v. What is the timeline for the City to act on any exceptions? vi. What are the hours of operation of this service unit? 10. Purchase Card Program: a. Provide a funds availability schedule by card type. Is it negotiable? b. What is the settlement deadline? c. What daily and/or monthly reconciliation reports are available? d. What software platform do you use? e. What is the percentage of rebate? f. Describe your card management process including  New card issuance  Cancellation of cards  Modification of card parameters (dollar limits)  Lost/stolen cards 11. Payment of Fees. Respondents will need to provide information on the following: a. The effective rate and formula used to calculate the service charge credit for collected fund balances; b. The proposed method for setting rates on a compensating certificate of deposit; c. A time frame proposed to pay any additional fees not offset by service charge credit; d. Whether a service charge credit/debit can be carried forward to the next period; e. The formula for any fees in the event of an overdraft; f. Describe what constitutes a daylight and overnight overdraft situation 12. Errors and Adjustments a. Describe your adjustment process for resolving deposit discrepancies. b. At what dollar amount do you write off discrepancies? c. Do you adjust the deposit amount or process an adjusting debit or credit? 13. Describe how inquires requiring research and adjustments are handled by the institution. Are there established turn-around times for research and adjustment items? If yes, specify. What fees are associated with research in the event of a banking error/customer error? 14. Describe NSF or Returned Items processing procedures, fees or other related services available. The City will require re-depositing ‘NSF’ or ‘uncollected funds’ returned items so that they may be presented a second time prior to being charged back. How do you process items returned for reasons other than insufficient funds (ie: stop payments, account closing). 8 15. Security/Protection Measures: a. Is the institution compliant with all current IT security and network encryption standards? Please describe. b. Does the institution have a method of allowing secure submission of encrypted email with attachments for communication? c. Does the institution offer individual security certificates for client computer accessing encrypted portions of the online banking software? d. What security features are in place to minimize the risk of unauthorized transactions? e. How are the City’s assets restored to the City in the event of a security breach or hacking incident? f. What is the timeline for restoration of City Funds in the event of an unauthorized transaction? g. Identify key measures of the bank’s financial strength (ie: capital ratios, market capitalization, total assets). Provide the most recent annual report. 16. Service Enhancements: Describe any enhancements, technological or otherwise, that we should consider to improve operational or cash management efficiencies. 17. Provide information on how your institution plans to keep your product line competitive. Describe what approach the bank is taking in the development of new services and what new services and/or features the bank plans to offer and within what time frame. 18. Disaster Recovery: a. Describe your institution’s formal disaster recovery plan. b. How quickly will back-up facilities be activated? c. Describe your institution’s operating capabilities to assist the City in the event of a disaster or declared emergency. 19. Conversion/Implementation Plan: Describe the conversion plan you would coordinate to ensure a smooth transition from the current provider, including testing and a sample implementation schedule. 20. List the address and hours of operation at your nearest branch office and also the hours of operation for non-branch services. 21. Discuss any special conditions, other fees, other services, or deviations from the requested scope. 9 IX STATEMENT OF FINANCIAL INSTITUTION QUALIFICATIONS Each financial institution submitting a proposal for items included in this document shall prepare and submit the following data along with their proposal: 1. Name of Financial Institution 2. Business Address 3. Business Phone ___ Fax No. 4. E-mail address 5. How many years have you been in business under the present name? 6. General character of services provided by your institution: 7. City of Arlington Business License Number: 8. State of Washington Sales Tax Registration Number: 9. Federal I.R.S. Identification Number: 10. I certify that the institution:  Is capable of providing the services as outlined in this proposal, and will comply with the rules and regulations outlined by the Revised Code of Washington, Arlington Municipal Code, and the Washington Public Deposit Protection Commission, and other applicable laws and regulations.  I am authorized to commit my firm to this Proposal and that the information herein is valid for 60 days from this date.  That all information presented herein is accurate and complete and that the scope of work can be performed as presented in this proposal upon the City’s request.  That I have had an opportunity to ask questions regarding this RFP and that those questions have been answered.  That I understand that any material omission of required forms or information may result in rejection of this proposal as non-responsive.  That this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an offer for this proposal, and is in all respects fair and without collusion or fraud. 10 City of Arlington Banking Services Institution Name Authorized Signature Sworn before me, this day of, 2016. Notary Public in and for the State of Washington X NON-COLLUSION AFFIDAVIT CERTIFICATE State of Washington ) )ss County of ) The undersigned, being duly sworn, deposes and say that the person, firm, association, co- partnership, or corporation herein named has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the Owner for consideration in the award of a contract on the improvement described as follows: City of Arlington Banking Services _____ Institution Name Authorized Signature Sworn before me, this day of , 2016. Notary Public in and for the State of Washington 11 XI OTHER INFORMATION For additional information or explanation of the contents or intent of these specifications, please e-mail your questions to Kristin Garcia, Finance Director, Finance Department at kgarcia@arlingtonwa.gov. XII PUBLICATION Name of Publication: Date Published: The Herald February 10 and February 14, 2016 12 Attachment A SCOPE OF SERVICES GENERAL INFORMATION The City of Arlington is soliciting proposals for a primary banking relationship with a financial institution which operates an office within the City limits. The City will be contracting for the following general services for an approximate three year period beginning April 1, 2016 and ending March 31, 2019. At the City’s option, a two year extension will be permitted with the same terms and conditions of the original contract or as amended. The following is a listing of mandatory services the City requires of its financial institution. This list is not comprehensive and shall in no way obligate the City to be required to use all listed services. • Demand deposit checking accounts • Banking supplies • Payroll direct deposit • Trust & escrow agent services • Merchant card services • ACH debit/credit services • On-line balance reporting • On-line stop-pays • ACH reporting • On-line wire transfers • Overdraft line of credit • Purchase cards • Excellent customer service & response • Check scanning services The City anticipates that proposed banking services will be compensated either by the credit earned on average collected balances, or a fee for service basis, but is also willing to consider other options. The following is a list of optional services the City may require: • Lock-box Services • Account Reconciliation Processing (ARP) • Positive-Pay on checking accounts  Credit cards SERVICES REQUIRED Checking Accounts: The City currently utilizes two checking accounts: 1) the primary checking account and 2) a petty cash account for issuing checks for small, non-routine purchases. The institution will furnish the City with additional checking accounts as needed. Daily deposits are made at the branch office. NSF checks must be processed twice before being returned to the City. The basic checking account services should at least consist of: • Provide month-end statements by the 10th day of the following month and provide statements to various auditors upon request; • Provide electronic check image retrieval including necessary software; • Provide individual and consolidated monthly account analysis for all accounts by the 10th day of the following month; 13 • Provide an on-line wire transfer system for transferring money to other institutions, along with appropriate security levels for wire transfer initiations and approvals; • Provide an on-line computer balance reporting system, with information on collected, available and closing balances, as well as a detail of total debits and credits posted to the account for the previous day, by 7:00 a.m. each business day; • Provide an on-line reporting system that shows current day ACH credits and debits each business day. • Provide Positive Pay feature with exception reporting/return of unknown items; • Provide for on-line stop-pay look-up and notification; • Provide support in answering questions, trouble-shooting problems and resolving issues in a prompt manner; • Provide means to inquire about canceled checks and stop payment on checks upon proper authorization. Overdraft protection: Although the City will attempt to minimize daylight and overnight overdraft situations, it recognizes that there are times these situations could occur. (Note: an overdraft has not occurred within current institutional memory.) Trust and Escrow Agent Services: The City may require trust and escrow agent services to hold letters of credit and other third party commercial documents. The institution will, in most cases, be required to take physical custody of these securities, notify the Parties of their expiration thirty days prior to termination of the agreement and accept renewal or replacement of instruments. The City may also require retainage accounts be maintained for contractors choosing to place retainage funds in an interest bearing account. Safekeeping Services: The City currently is not requiring safekeeping services. However, the institution may, in the future, be required to provide safekeeping facilities and services for the City’s investment securities. Safekeeping services include (but are not limited to): • receive/deliver securities on a delivery versus payment method; • price securities to market; • collect coupon bond interest; • provide delivery confirmation on new security purchases; • provide a monthly statement of holdings; • register or transfer securities; • verify holdings as of specific dates for audit purposes; • credit the City’s account for interest and principal payments on the day received; • provide maturity and interest payment notices at least 5 days prior to payment date The City invests in U.S. Treasury and Agency securities that require safekeeping services and other securities allowed by Washington State Statute. The successful bidder will, at that time, be required to comply with all State and Federal regulations regarding safekeeping of municipal securities. Banking Supplies: The financial institution will be required to provide a supply of coin rollers, locking bank bags, tamper-proof plastic deposit bags, deposit slips, advance travel and other miscellaneous checks, and endorsement stamps for each location. (See Attachment B for the 14 number of endorsement stamps needed.) The cost of such supplies shall be charged against the City’s earnings credits. Training Services: Training, operating manuals and ongoing support are to be supplied by the bank for all services provided. Wire/ACH Transfers: The financial institution will provide the City with the ability to initiate wire and ACH transfers via online banking. ACH transactions consist primarily of debt service, retirement fund transfers, state and federal tax payments. The online banking platform will require a secure separation of duties for initiation and approval by city staff. Direct Deposit for Payroll: The City offers and encourages direct payroll deposit for its employees. The City pays its employees on the last working day of the month. On an average payroll, 126 employees receive direct deposit, which generates approximately 175 transactions per pay period due to many employees having multiple bank account transfers. The City is considering moving to a bi-monthly pay period. Currently, the City tries to transmit payroll data to the institution before 4:00 p.m. the second working day prior to payday. Deposits must be made into the employees’ accounts by 12:01 a.m. on payday. Any deviation from these time limits must be stated in the bid. Any bidder with less restrictive time requirements will be given favorable consideration. The City from time to time may need to transmit the payroll data one day prior to the pay date. We are therefore requesting bids on both a one-day and two-day turnaround. We are interested in what the deadlines for transmission are for both situations. Merchant Card Services: The Financial institution will provide the City with the ability to accept payment through the use of credit cards. The City currently accepts MasterCard, Visa and Discover credit cards in person and on-line for collection of recreation, certain permit fees, and utility bills and may expand for other types of collections as well. The City currently has three locations that accept credit cards, with the possibility of more locations in the future. The City will be credited daily for the gross amount of the bank card transactions. Any sales discount fee or percentage proposed will be billed at the end of each month as part of the activity charges. Night Depository Services: The City currently does not utilize ‘night drop’ deposits after hours and does not anticipate this service in the near future. Purchasing Cards: The City is utilizing a purchasing card program for making routine purchases in lieu of the normal requisition/purchase order mode of operations. Data Equipment Compatibility: The City relies on on-line transactions. Please note the specifications (equipment/software) needed for an automated wire transfer, ACH debit and credit, credit card, balance reporting and any other automated systems included in this proposal. Any costs associated with automated data and equipment should be identified on the Bid Sheet form in Attachment B. Miscellaneous Optional Services: In addition to the requirements listed above, the proposal shall identify proposed fees for the following services: 15 • Automatic Account Reconciliation • Courier services • Lockbox services • Payment of financial system upgrades and fees through use of service charge credits. In order to enhance our banking/financial processing capabilities, we may wish to pay for these fees through service charge credits. • Other services provided by your institution that would be beneficial to the City of Arlington, but have not specifically been addressed. Please itemize on the Bid Sheet form in Attachment B. Online Banking: The financial institution will provide the City with access to internet on-line banking, which, at a minimum, will include the following capabilities:  Secure, dual administration (separation of duties) for initiating and approving user access, permissions, wire transfers, ACH transfers, template setups, etc.  Future dated wire transfers and ACH transfers.  Ability to identify via on-line reporting, by numeric code or text, the originating location of deposits made by City departments.  Image viewing of deposit tickets  Image viewing of cancelled checks  Image viewing of Positive Pay exception items  Stop payments  Funds transfers between accounts  The City shall not be charged or penalized for an overdraft if it is the result of the account balance information not being available at the specified time.  The financial institution will provide float information on all deposited items. Electronic Federal Tax Deposit System: The financial institution will provide the ability for automatic withdrawal of payroll taxes by the Internal Revenue Service (IRS). Services Not Provided: In the event that the primary proposing financial institution does not provide all requested services included in this RFP, the financial institution will submit as part of its proposal additional partners/providers which do provide these services. It is the sole responsibility of the primary financial institution to secure and maintain the relationship with any additional providers. The primary financial institution, at the time of bid submittal, will identify all secondary providers. Services Provided: In the event that the primary proposing financial institution provides services not identified, the financial institution will include those items in the Bid Sheet under the Charges for Services Not Identified Above section. *** 16 Attachment B Bid Sheet Services Unit Price Estimated Monthly Volume Monthly Charge Explanation General Services    Account Maintenance 4    Banking Center Deposit 24    BBD/Night Drop Deposit    Deposit Correction non-cash 1   Vault Deposit    Item Processing Deposit    Debits Posted-other    General Checks Paid Truncated 216    Returns-Chargeback 5    Returns-Reclear    Returns-Reclear Services    Cks Dep Pre-encoded Items    Cks Dep Un-encoded Items 1953    Debits Posted-Electronic 48    Credits Posted-Electronic 136    Deposit Account Statements 4   Commercial Dep-Cash Vault    Curr/Coin Dep/$100-Bkg Ctr    Curr/Coin Dep/$100-Vlt    Coin Supplied/Roll-Vlt    Currency Supp/$100-NonStd-Vlt    Currency Supp/$100-Std-Vlt    Change Order-Auto-Vlt    General ACH Services    ACH Optional Rpts-Electronic 18    ACH Delete/Reversal    ACH Return Item 4    ACH Monthly Maintenance 2    ACH Input-Echannel 5    Delete/Reversal Batch/File    ACH Notify of change (NOC)    ACH Standard Rpts-Electronic 4    ACH Pre-Note    ACH Blocks Auth Instructions 33   ACH Blocks Auth Maintenance 1   ACH Consumer on US Credits 52   ACH Consumer off US Credits 239   17 ACH Credit Received Item 134   ACH Debit Received Item 50   Wire Transfer    Maint Basic 1    PHN Wire Rept Template Storage    Cust Mnt Temp Storage    Elect Wire Out-Domestic    Incoming Domestic Wire 2    Elect Wire Out-Book DB    Wire Advise-Mail 2    Image    Image Archive-90 Days 241    Image Archive-1 year    Image Maintenance 3    Image Retrieval    Electronic Statements   Supplies    Endorsement Stamps    Deposit Books   Plastic Bags per 100   Charges for Services Not Identified Above   Express Tax Services   Express Tax PC Tax Deposit 2   Mailed Tax Deposit Receipt 2                                     18 Formulas: Please describe: Daylight Overdraft Formula Overnight Overdraft Formula FDIC Insurance Formula Service Charge Credit Formula The undersigned, an institution or firm maintaining branch/office operations within the city limits of Arlington, Washington, submits the following proposal for the City’s banking services for the period April 1, 2016 through March 31, 2019: Authorization: Institution Name Date Mailing Address Phone Number City, State, Zip Fax Number By Title Contact Name (if different from above) Contact Phone Number 19 Attachment C Banking Services Agreement BANKING SERVICES AGREEMENT PROVISIONS FOR THE CITY OF ARLINGTON The City of Arlington, Washington, a municipal corporation (hereinafter the "City") and , whose address is , (hereinafter the "Financial Institution", agree and contract as follows: 1. SERVICES BY FINANCIAL INSTITUTION A. The Financial Institution agrees to perform the services described in this proposal, as Attachment A which is incorporated herein by reference. B. All services, and all duties incidental or necessary thereto, shall be conducted and performed diligently and completely and in accordance with professional standards of conduct and performance. 2. COMPENSATION A. The total compensation to be paid to the Financial Institution shall be detailed in Attachment B. The above fees include all labor, materials and expenses required for the completion of these services. B. Payment to Financial Institution by the City in accordance with the above shall be the total compensation for all work performed under this agreement and supporting documents hereto as well as all subcontractors’ fees and expenses, supervision, labor supplies, materials, equipment or the use thereof, reimbursable expenses, and other necessary incidentals. C. The Financial Institution shall be paid based on the acceptance of the proposed compensation. D. The City shall have the right to withhold payment to the Financial Institution for any service not completed in a satisfactory manner until such time as the Financial Institution modifies such service to the satisfaction of the City. E. Unless otherwise specified in this Agreement, any payment shall be considered timely if a check is mailed or is available within 45 days of the date of actual receipt by the City of an invoice conforming in all respects to the terms of this Agreement. 3. TERMINATION OF AGREEMENT The City reserves the right to terminate or suspend this Agreement at any time, with or without cause, by giving a forty-five (45) day notice to the Financial Institution in writing. 20 In the event of termination, all finished or unfinished reports, or other material prepared by the Financial Institution pursuant to the Agreement shall be provided to the City. In the event the City terminates this agreement prior to completion without cause, the Financial Institution may complete such analyses and records as may be necessary to place its records in order. The Financial Institution shall be entitled to receive just and equitable compensation of any satisfactory services completed prior to the date of suspension or termination, not to exceed the compensation set forth above. Should the Financial Institution desire to terminate this agreement, written notice of 120 days is required. 4. OWNERSHIP OF WORK PRODUCT Ownership of the originals of any reports, data, studies, surveys, charts, maps, drawings, specifications, figures, photographs, memoranda, and any other documents which are developed, compiled or produced as a result of this agreement, whether or not completed, shall be vested in the City. Any reuse of these materials by the City for projects or purposes other than those which fall within the scope of this agreement or the project to which it relates, without written concurrence by the Financial Institution will be at the sole risk of the City. 5. GENERAL ADMINISTRATION AND MANAGEMENT The Finance Director for the City of Arlington shall review and approve the Financial Institution’s charges to the City under this Agreement, shall have the primary responsibility for overseeing and approving services to be performed by the Financial Institution, and shall coordinate all communications with the Financial Institution from the City. 6. CONTRACT PERIOD The Banking Services Agreement is to extend for a period of three years beginning April 1, 2016 with a two (2) year option to renew the Agreement. The City in order to exercise its renewal option will need to do nothing. At the end of this period, the City may choose to negotiate a renewal option or to request additional proposals. 7. SUCCESSORS AND ASSIGNS The Financial Institution shall not assign, transfer, convey, pledge, or otherwise dispose of this agreement or any part of this agreement without prior written consent of the City. 8. NONDISCRIMINATION The Financial Institution shall, in all hiring or employment made possible or resulting from this agreement, take affirmative action to ensure that there shall be no unlawful discrimination against any employee or applicant for employment because of sex, race, age, color, creed, national origin, marital status or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation and selection for 21 training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. 9. HOLD HARMLESS/INDEMNIFICATION The Financial Institution shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Financial Institution in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 10. LIABILITY INSURANCE COVERAGE A. Insurance Term The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Financial Institution, its agents, representatives, or employees. B. No Limitation Financial Institution’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Financial Institution to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance Financial Institution shall obtain insurance of the types and coverage described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Financial Institution’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 22 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Financial Institution’s profession. D. Minimum Amounts of Insurance Financial Institution shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. E. Other Insurance Provision The Financial Institution’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Financial Institution’s insurance and shall not contribute with it. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Financial Institution shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Financial Institution before commencement of the work. H. Notice of Cancellation The Financial Institution shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. I. Failure to Maintain Insurance Failure on the part of the Financial Institution to maintain the insurance as required shall 23 constitute a material breach of contract, upon which the City may, after giving five business days notice to the Financial Institution to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Financial Institution from the City. J. City Full Availability of Financial Institution Limits If the Financial Institution maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Financial Institution, irrespective of whether such limits maintained by the Financial Institution are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Financial Institution. 11. COMPLIANCE WITH LAWS The Financial Institution shall comply with all applicable State, Federal and City laws, ordinances, regulations, and codes. 12. FUTURE SUPPORT The City makes no commitment and assumes no obligations for the support of Financial Institution activities except as set forth in this Agreement. 13. INDEPENDENT CONTRACTOR The Financial Institution is and shall be at all times during the term of this agreement an independent contractor. 14. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with all attachments and addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties hereto. 15. ADDITIONAL WORK The City may desire to have the Financial Institution perform other services in connection with the banking relationship other than provided for by the express intent of this contract. Any such services shall be considered as additional work, supplemental to this Agreement. Additional work shall not proceed unless so authorized in writing by the City. Authorized additional work will be compensated in accordance with a written supplemental 24 Agreement between the City and the Financial Institution. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates written below: FINANCIAL INSTITUTION: CITY OF ARLINGTON: By: By: Title: Title: Date: Date: Print Name:_______________________ Print Name: _______________________ APPROVED AS TO FORM: Arlington City Attorney Date: