REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS RFP PROVISION OF BANKING SERVICES JULY 30, 2012 City of Stockbridge 4640 North Henry Blvd. Stockbridge, Ga

2 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 2 of 24 REQUEST FOR PROPOSALS (RFP) PROVISION OF BANKING SERVICES Written proposals for RFP (Provision of Banking Services) will be received by the City of Stockbridge, hereinafter called City. Service providers whose written proposals meet the criteria established in the Request for Proposals, at the sole discretion of the City, may be considered for Contract award. The City may, by direct negotiation, finalize terms with the service provider who is selected for award based on proposals. The City reserves the right to reject any or all responses for any reason. Clarification of information may be requested by the City in writing. The City, at its sole discretion, may short-list firms that are deemed to best meet the City s requirements, taking into consideration all criteria listed in the RFP. The City may, at its sole discretion, ask for formal presentations from all of the responsive and responsible proposers, or only from those firms that are short-listed, if shortlisting is determined to be in the best interest of the City. Negotiations will be conducted and may take place in person or via telephone with the most qualified firm as identified by the City or, if short-listing occurs, with all of the short-listed proposers. Proposers that participate in the negotiations may be given an opportunity to submit their best and final offers. The City requires pricing to remain firm for the duration of the contract. Failure to hold firm pricing for the duration of the contract will be sufficient cause for the City to declare a proposal nonresponsive. A proposal must be submitted in an envelope which shall be clearly marked RFP One (1) printed and signed unbound original, and three (3) bound copies, of the proposals shall be received no later than 2:00 pm local time on August 31, Proposals shall not be submitted by facsimile or . Questions regarding proposals should be directed to vclark@cityofstockbridge-ga.gov no later than 9:00 am local time on August 20, Proposals are legal and binding when submitted. Proposal must be addressed as follows: Purchasing Department RFP City of Stockbridge 4640 North Henry Blvd. Stockbridge, GA No Proposal may be withdrawn for a period of 120 days after the time and date scheduled (or subsequently rescheduled) for proposal opening. The City s staff will review all proposals submitted. After reviewing the proposals, staff may, at its discretion, request formal presentations from one or more of the proposers (at proposer s expense at the City s site) whose proposals appear to best meet the City s requirements. The City reserves the right to waive any informalities or irregularities of proposals, to request clarification or information submitted in any proposal, to request additional information from any proposer, or to reject any or all proposals, and to re-advertise for proposals. The City also reserves the right to extend the date or time scheduled for the opening of proposals. Award, if made, will be to the responsible and responsive proposer submitting the proposal which is deemed by the City, in the sole discretion, to be the most advantageous to the City, price and other factors being considered. An electronic copy of this RFP and any Addendum may be electronically downloaded by visiting the Bids section of the City web site at

3 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 3 of 24 SPECIFICATIONS 1.1 It is the intent of the City to enter into a contractual agreement with a qualified banking institution that can offer the highest quality service at the lowest cost to the taxpayers, while maintaining efficient operation and optimizing return on available cash for the benefit of the City. 1.2 Please refer to Appendix A for a listing of Consolidated Annualized Volumes, Account Structure, Account Detail and other relevant information.

4 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 4 of 24 MINIMUM QUALIFICATIONS Institutions wishing to submit a proposal in response to this RFP must at a minimum: 2.1 Be a FDIC-insured banking corporation incorporated under the laws of the State of Georgia or the United States; 2.2 Maintain a full-service home office or branch in the city limits of Stockbridge, Georgia and have a branch network convenient to the City operations; 2.3 Must submit financial statements for the past three fiscal years (must include an unqualified opinion from a certified public accountant and appropriate notes to the financial statements); 2.4 Must submit one copy of each of the last four quarterly call reports (Consolidated Report of Condition and Income required to be filed by the Federal Financial Institution Examination Council); 2.5 Must have a designated account representative or relationship manager assigned to the City and in the event the relationship manager is not available; a back-up person is to be designated for customer service. 2.6 Have expertise on its staff to provide a full range of banking services to the City as requested. 2.7 Have a secure web-based reporting system, which includes at a minimum the following: Daily reporting of ledger, collected, and available balances, total debits and credits, detail debits and credits, with printing capabilities of documents on screen; Daily availability of check images and individual deposited items on line in electronic format for a period of five (5) years; Credit detail indicating availability; Account detail for current month and one prior month for review of transactions; Concentration/zero balance accounts daily interaction reporting; Presentments of checks for controlled disbursement accounts not later than 10:00 am local time each day; Wire transfer, ACH/EFT, and internal transfer initiation and authorization; City - originated stop payments of checks; Return items charged against all City accounts; Monthly statements, to include hard copies, on-line, and electronic format, including check images and individual deposited items; Maintain a portfolio of investments and provide monthly report listing securities and market value, safely kept by a third party (i.e., The Federal Reserve Bank) and pledged to the City in writing; Demonstrate appropriate experience servicing customers with similar account attributes and transaction volumes as described herein;

5 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 5 of Be able to accept in-person deposits at a branch up to 5:00 p.m. and credit the City account on that day and to process checks at City locations for deposit through MICR and/or scanner technology; Provide data in an industry-standard file format for integration into a treasury workstation. 2.8 The City has provided the annualized volumes; however the City is in no way guaranteeing these volumes.

6 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 6 of 24 SCOPE OF BANKING SERVICES 3.1 It is the intent of the City to maintain the current Account Structure (see Appendix A). 3.2 The accounts in the system shall be operated in accordance with the following instructions Bank encoding errors are to be corrected within seventy-two (72) hours after notification by the City at no cost to the City Transfers between accounts will be charged to the City only as transfers and not also as items deposited and checks paid The bank agrees to credit the concentration account for all checks in accordance with bank s availability schedule. Banks are required to attach their availability schedule to the proposal. Awarded bank agrees to notify the City in writing, of any changes to the schedule Drafts (ACH Debits) will be processed the same as any other checks deposited. No holds on funds will be permitted Returned checks are to be re-deposited a second time before charging back to the City. No holds on funds will be permitted At the end of each business day funds are automatically transferred from the concentration account to each ZBA so that the ZBA s balance will be zero The City reserves the right to open any other accounts as the need arises. 3.3 The concentration account will be used as the General account for all deposits. To facilitate identification of the source of deposits into the concentration account, deposit tickets will be pre-printed with reference to both the concentration account and the originating account name. An identifying number will be encoded on the deposit tickets for identification purposes and will be included on the account reconciliation. The Payroll account will be used to process the City's payroll. The Governmental Disbursement account will be used to process disbursements for the City's accounts payable. 3.4 Collateralization The awarded bank agrees to provide collateral on the City s bank accounts under the dedicated method as per Georgia Annotated Code Section and will maintain a portfolio of investments, safe kept by a third party (i.e. The Federal Reserve Bank) and pledged to the City in writing, sufficient assets to collateralize all deposits of the City in excess of FDIC coverage in accordance with applicable Georgia Annotated Code sections through and The successful Proposer will enter into a written collateral agreement with the City at the time such collateral is pledged Such agreement will be approved by the Bank's Board of Directors and/or its loan committee and become an official record of the Bank throughout the life of this Banking Services Agreement When changes in deposited funds mandate a change in collateral, said collateral will be pledged within three working days.

7 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 7 of The pledged collateral cannot be substituted without written consent from the City The collateral will be reviewed daily and priced by a third party on a monthly basis to insure proper collateralization of funds on deposit The City will receive a monthly written report detailing all collateral pledged. 3.5 Repurchase Agreements The City may utilize a Repurchase Agreement system for short term investments of its idle funds The bank will automatically handle overnight and weekend investments of the City s excess cash in all accounts other than interest restricted accounts through the use of overnight or open repurchase agreements The awarded bank shall indicate how the interest rate is to be established for repurchase agreements, including the spread earned by the bank All repurchase agreements purchased by the City shall be fully guaranteed by the U.S. Treasury or governmental agency obligations The City has not participated in any repurchases as depository accounts have provided competitive interest rates therefore repurchase history is not available The automatic daily repurchase agreement service is requested principally as a backup to the City s investment program Interest earned by the City will be credited to the concentration account on a daily basis or within five (5) business days of the preceding month A statement of all overnight investment activity should be sent to the City within five (5) business days of the preceding month end The City is not obligated to exclusively utilize the Repurchase Agreement submitted by the awarded bank Municipal NOW ( Muni-NOW ) type of accounts will be acceptable provided the interest rate is comparable. 3.6 Wire Transfers Incoming - The City intends to consider all wire transfers received by the bank prior to the end of the business day as available for investment that day, regardless of the actual time of receipt by the bank Should the bank not receive a wire transfer, the transfer will be traced from the origin to destination to ascertain the party responsible for the delay in the transfer If necessary, adjustments will be made for lost interest Outgoing - The awarded bank agrees to execute any wire transfer order within one hour after notification by the finance department through computer terminal, by telephone, or by fax if necessary.

8 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 8 of Wire transfers ordered but not received by the destination party will be traced by the bank from origin to destination to ascertain the party responsible for the delay in the transfer If necessary, adjustments will be made for the lost interest or charges from a fail [failed Fedwire transfer] to consummate an investment transaction or bond payment Other - The City requires the capability to initiate outgoing wire transfers via personal computer. The City utilizes pre-formatted (repetitive) and free-form (non-repetitive) wire transfers. The City is to have access for confirmation of wires executed for both incoming and outgoing wire transfers The bank will provide an explanation for delays of one (1) hour or longer for implementing a wire transfer The bank will assign personal identification numbers (PINs) for those city employees specified by the City s Treasurer Upon notification by the Treasurer and/or City Administrator, the PIN and the name assigned to the pin is to be removed from the City s account within one (1) hour From time to time the Treasurer will advise the bank of the assignment of new PINs. Upon such requests the changes are to be completed within 24 hours The City requires the bank to give a call back based on the schedule provided by the City s Treasurer upon a placement of a wire transfer request The City requires a time period of up to thirty (30) days to notify the bank of any error in any account receiving or making wire transfers. 3.7 Electronic Banking In an effort to obtain greater efficiency in monitoring its cash transactions, the City will require the awarded bank to provide, at no cost, a computer software link to the bank s computer data base so the City can monitor cash transactions remotely The awarded bank will provide all training, and documentation needed to perform electronic banking for the following services: The City shall have the capability of performing on-line balance reporting Wire transfers recurring and pre-dated Transaction inquiry Stop payments on checks that have been issued Check and individual deposited items images with print capabilities Information regarding bank statements, deposits and canceled checks should be available via electronic imaging, downloadable in a variety of formats and CD-ROM. In addition, the awarded bank should include any services available electronically which could benefit and enhance the operations of the City It is the City's desire to enter into an "Electronic Transfer Agreement" with the awarded bank via SFTP or HTTPS. The terms of this agreement will be mutually negotiated and agreed upon. Transfers may be in the form of repetitive, non-repetitive, internal, wire, or ACH.

9 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 9 of The awarded bank should have the capability to accept MICR and/or scanned check deposits from City locations and to process these according to Check 21 standards. 3.8 Positive Pay The awarded bank will provide positive pay services to assist the City in controlling check fraud. The City will transmit an electronic file to the awarded bank on the days checks are issued on the listed accounts in this RFP Please provide a brief description of each positive pay service that the bank offers along with sample reports Describe the products features including but not limited to: Data transmission methods File transmission time window Notification report delivery methods Notification transmission time windows/response deadlines 3.9 Investment Safekeeping/Custodial Services Although none currently exist, any future securities purchased at the direction of the City for its portfolio will be safe kept by the awarded bank in accordance with the terms of a Custodial Agreement, the terms of which will be mutually negotiated and agreed upon. The agreement, however, will specify that: Securities will be transacted "Delivery vs. Payment", A safekeeping receipt will be issued containing all pertinent details of the security, All interest payments and maturities will be collected and credited to designated bank accounts, and Monthly statements of holdings will be provided that include mark-to-market information. The awarded bank will be expected to provide monthly reports, which include portfolio pricing and analysis of asset holdings and yields Statement Advice and Reporting Frequency All accounts will run on a calendar month basis All advices affecting a debit or credit memo transaction must be faxed or transmitted electronically via on a daily basis Confirmations of all incoming and outgoing wires should be mailed daily, or provided electronically Bank will notify the City of encoding errors by listing the DDA account title and number, date of error, the amount of error and the total of the deposit effected Bank encoding errors should be corrected within 72 hours after notification by the City, at no cost to the City.

10 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 10 of The City would like electronic access to images of canceled checks for all accounts. However, if images are not available electronically for extended periods, the City will require canceled check information on CD-ROM. Software to access images will be provided by the bank. Canceled checks should be sorted by check number The City would like electronic access to images of deposited items for all accounts. However, if images are not available electronically for extended periods, the City will require deposit images on CD-ROM. Software to access images will be provided by the Bank. Deposited items should be sorted by deposit date Within five (5) business days after the calendar month the awarded bank will furnish the City a statement reflecting the transactions occurring during the preceding month for all accounts Statements should include all items, such as debit and credit memos, and deposit tickets in date order and should be available on-line and downloadable in a format compatible with industrystandard desktop computer programs such as Microsoft Excel A paid item file including check number, check amount and date paid for all items paid in the preceding month should be available for the City to download within five (5) business days after month end for the Governmental Disbursement and Payroll accounts. All paid items information for the City should be maintained by the bank after the download for a period of two fiscal years The City must be able to download detailed transactions within 24 hours of an item received or issued from a city account Statements, Analysis Reports, and Reconciliation Services Reports are to detail all aspects of account activity, including paid checks, outstanding checks issues, miscellaneous debits and credits, stop and void payments, stale-dated items, and daily list post reports Full reconciliation reports will coincide with the account statement cycle The month-end statement cycle will close on the last day of the calendar month Provide CD-ROM imaging of disbursement checks (front and back) and statements. Describe the products features including but not limited to: File transmission time window File layout Imaging capabilities Reporting capabilities- paper vs. internet Technical capabilities System requirements Please indicate any costs or fees associated with the services described in this section All debit and credit memos required to adjust errors caused by the bank will not be charged to the City. All bank errors must be corrected within five (5) business days of notification by the City Provide CD-ROM imaging of deposit item (front and back) and electronic image of deposit item for a period of five (5) years. Describe the products features including but not limited to:

11 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 11 of File transmission time window File layout Imaging capabilities Reporting capabilities- paper vs. internet Technical capabilities System requirements 3.12 Payroll, Petty Cash and Accounts Payable Checks The awarded bank will honor all of the City s payroll and accounts payable checks presented by payees at any of its offices when accompanied by appropriate identification, without charge to the payee The awarded bank will honor petty cash checks with "Petty Cash Fund" and the name of the petty cash custodian as the payee when presented by any City employee with a valid City employee ID badge. The City shall not pay any check cashing fees in order to allow employees who are not customers of the bank to cash payroll, petty cash, and accounts payable checks at their institution Banking Supplies The awarded bank should provide, at no cost to the City, a nominal amount of three part deposit tickets with department encoding, endorsements stamps, self-sealing disposable depository bags (up to 50 per month), and coin wrappers. The City strives to accept little or no cash from customers The bank will provide all check specifications needed for purchase of check stock The awarded bank should specify how future need changes will be handled Other Services The awarded bank must designate one senior staff person who will serve as the City's designated account representative or relationship manager for purposes of questions and problem resolution throughout the life of the contract, for all accounts and services. In the event the relationship manager is not available, a backup person is to be designated for customer service The City shall have a scheduled semi-annual meeting with the awarded bank to discuss quality of service and available services, which could benefit cash management of the City. Other meetings will be scheduled as needed Describe products and services available to employees of the City, such as free checking, Lunch and Learn seminars or other similar offerings The City has made a diligent effort to include in this request for proposal all types of services utilized and to provide its best estimate of transactional and volume. Costs not included in the proposal cannot be added later without the City's approval.

12 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 12 of 24 PROPOSAL FORMAT AND CONTENT 4.1 One (1) printed and signed unbound original and three (3) bound copies of the proposal should be submitted in a sealed envelope. To aid in thorough and consistent review, the proposal shall be organized and labeled or numbered to correspond to the sections and information listed below. Particular emphasis should be given to the Scope of Banking Services in this document. Description of required Sections and Information: Cover Letter (Section I): A transmittal letter signed by the appropriate officer of the firm offering the proposal and certifying that the proposal and fee schedule will remain in effect for 120 days after the due date. The letter should include the RFP number, name of the firm, local address, telephone number, address, and name of a primary contact person Proposal Forms and Cost Proposal (Section II): RFP pages and your cost proposal Scope of Work (Section III): Explain the specific approach that will be used to accomplish the services. The proposer shall address the methodology, technical approach, techniques, and/or processes to be used in providing services. Sufficient detail should be included to explain how each task shall be accomplished and be sufficiently detailed for staff to determine the effectiveness of the proposal and the cost effectiveness of the proposed approach Similar Experience (Section IV): List and describe your bank's clients that you have worked with in the past five (5) years that best match the scope and design of these services. Identify unique constraints or challenges associated with those clients and how you addressed those in order to deliver successful services. In addition, references, including name, address, telephone number, and address of a contact person for each client identified and described above should be included Additional Information (Section V): Each proposer may, but is not required to, include additional information or other materials deemed necessary but not provided otherwise (such as promotional literature, etc.). Note that these materials may or may not be reviewed by all evaluators and will not be part of the official evaluation except to the extent they support qualifications and experience.

13 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 13 of 24 EVALUATION OF PROPOSALS The City, in its discretion, may award the Contract to the responsible and responsive proposer submitting the proposal which is deemed to be the most advantageous to the City, price and other factors being considered. The City s staff will review all proposals submitted. After reviewing the proposals, staff may, at its discretion, invite to interview (at proposer s expense at the City s site) one or more of the proposers whose proposals appear to best meet the City s requirements. The purpose of such an interview would be for all proposers to elaborate upon their Proposal before a recommendation for ranking of the Proposals is made. Interview responses along with the written proposal and samples (if any), will become part of proposer s submission to be evaluated pursuant to the evaluation criteria. The City reserves the right to short-list proposers for further consideration. The following are the evaluation criteria the City will consider in determining which proposal is most advantageous to the City: 5.1 Proposed Management Plan and Approach of Work The Proposal shall outline the plan that the firm will use to provide the most effective delivery of the requested services put forth by the City. 5.2 Firm Qualifications The Proposal must give a detailed report of related experiences that demonstrate the ability of the Vendor to perform requested tasks and complete the project phases as outlined in this RFP. The Proposal shall include sufficient information to indicate the abilities, qualifications, and experience of all persons who would be assigned to provide the required services. 5.3 Cost Proposal - Provided in your standard format. # # # END OF SPECIFICATIONS # # #

14 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 14 of 24 PROPOSAL FORM RFP PROVISION OF BANKING SERVICES The undersigned, as Proposer, hereby declares that this Proposal is in all respects fair and submitted in good faith without collusion or fraud. Proposer represents and warrants to the City that: (i) except as may be disclosed in writing to the City with its Proposal, no officer, employee or agent of the City has any interest, either directly or indirectly, in the business of the Proposer, and that no such person shall have any such interest at any time during the term of the Contract should it be awarded the Contract; and (ii) no gift, gratuity, promise, favor or anything else of value has been given or will be given to any employee or official of the City in connection with the submission of this Proposal or the City s evaluation or consideration thereof. The Proposer further represents that it has examined or investigated the site conditions if necessary, and informed itself fully in regard to all conditions pertaining to the place where the work is to be done; that it has examined the Contract Documents and has read all Addendum(s) furnished by the City prior to the opening of the Proposals, as acknowledged below, and that it has otherwise fully informed itself regarding the nature, extent, scope and details of the services to be furnished under the Contract. The Proposer agrees, if this Proposal is accepted, to enter into the written Contract with the City in the form of Contract attached (properly completed in accordance with said Proposal Documents), and the Contract Documents for RFP Provision of Banking Services, at the City of Stockbridge, and to furnish the prescribed evidence of a valid business license, insurance, and all other documents required by these Contract Documents. The Proposer further agrees to commence work and to perform the work specified herein within the time limits set forth in the Contract Documents, which time limits Proposer acknowledges are reasonable. The undersigned further agrees that, in the case of failure or refusal on its part to execute the said contract, provide evidence of specified insurance, a copy of a valid business or occupational license and all other documents required by these Contract Documents within ten (10) business days after being provided with Notice of Intent to Award the contract (or such earlier time as may be stated elsewhere in these Proposal Documents), the Proposal award may be offered by the City to the next ranked Proposer, or the city may readvertise for Proposals, and in either case the City shall have the right to recover from the Proposer the City s costs and damages including, without limitation, attorney s fees, to the same extent that the City could recover its costs and expenses from the Proposer under Section 10 of the General Instructions for Proposers if the Proposer withdrew or attempted to withdraw its Proposal. The Proposer further agrees, if it fails to complete the work according to the Specification within the scheduled time or any authorized extension thereof, that damages may be deducted from the Contract price otherwise payable to the Proposer. Acknowledgement is hereby made of the following Addendum(s) received since issuance of the RFIQ: Addendum No. Date Addendum No. Date Addendum No. Date Company Name: It shall be the responsibility of each Proposer to visit the City s Bids & RFP website to determine if addendum(s) were issued and, if so, to obtain such addendum(s). Failure to acknowledge an addendum above shall not relieve the Proposer from its obligation to comply with the provisions of the addendum(s) not acknowledged above.

15 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 15 of 24 Work shall commence no later than 45 days of a signed and executed contract. The City of Stockbridge requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for the City to declare bid nonresponsive. Termination for Cause: The City may terminate this agreement for cause upon ten (10) days prior written notice to the Vendor of the Vendor s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the City s rights or remedies by law. Termination for Convenience: The City may terminate this agreement for its convenience at any time upon thirty (30) days written notice to the Vendor. In the event of the City s termination of this agreement for convenience, the Vendor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the Vendor, which shall itemize each element of performance. Termination for fund appropriation: The City may unilaterally terminate this Agreement due to a lack of funding at any time by written notice to the Vendor. In the event of the City's termination of this Agreement for fund appropriation, the Vendor will be paid for those services actually performed. Partially completed performance of the Agreement will be compensated based upon a signed statement of completion to be submitted by the Service Provider which shall itemize each element of performance. The Vendor agrees to provide all work to complete the project described in this document for the amount listed below. Legal Business Name: Federal Tax ID: Mailing Address: Does your company currently have a location within the City of Stockbridge? Yes No Representative Signature: Printed Name: Telephone Number: Fax Number: Address:

16 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 16 of 24 CITY OF STOCKBRIDGE GENERAL CONDITIONS AND INSTRUCTIONS FOR PROPOSERS These Instructions will apply unless a particular item is specifically addressed in the solicitation document. 1. INTENT It is the intent of these Instructions to establish guidelines for the proper completion of the Proposal Forms. These Instructions to Proposers provide guidance and explanation for subsequent Proposal Forms and Contract Documents. Please read all Instruction paragraphs. 2. GENERAL 2.1 The City s goal is that all the terms and conditions stated in the Proposal Documents will constitute the terms of the final Contract between the City and the successful Proposer, without significant or material change to such terms or conditions. Exceptions to any of the terms of the agreement to which a Proposer will not or does not agree must be presented by the proposer in writing as provided in this section and directed to vclark@cityofstockbridge-ga.gov prior to the deadline for questions regarding proposals indicated in the RFP. Such exceptions must be specific, and the Proposer must state a reason for each exception and propose alternative language, if appropriate. The purpose of the exception process is to permit the City to correct, prior to the opening of the proposals, any technical or contractual requirement, provision, ambiguity or conflict in the solicitation and related documents, which may be unlawful, improvident, unduly restrictive of competition or otherwise inappropriate. Any corrections will be made via an addendum issued prior to the submission deadline. Unless timely submitted as an exception and amended with an addendum, any such ambiguity, conflict or problem shall be resolved in favor of the City of Stockbridge. The City is willing to enter into the Bank s standard account terms and service terms and will review them on a case by case basis. 2.2 A Proposer's Proposal prices shall remain firm for 120 days from the submission deadline. Any anticipated increases in Proposer's costs during the initial term of the Contract must be reflected in its prices set forth in its Proposal. The City shall not be obligated to renegotiate or increase any price for any work during the initial term of the Contract based on a Proposer's mistake or miscalculation of prices, underestimation of costs, or for any other reason. All of the Proposer's overhead costs, including, but not limited to, costs of travel and the required bonds and insurance coverage, shall be included in such Proposer's prices listed in its Proposal. 2.3 The Contract, if awarded, shall not be construed to create unto the Vendor any exclusive rights with respect to any of the City s requirements. The City may in its sole discretion award any additional or similar services to any third party, or if the Contract is for the provision of services, the City may elect to perform all or a portion of the services by its own employees. 2.4 There shall be no reimbursable or travel expenses associated with this project regarding any category or term. Without limiting the generality of the foregoing, all of the Proposer s overhead costs related to travel shall be included in such Proposer s prices in its Proposal. 3. ENVIRONMENTAL SUSTAINABILITY The City of Stockbridge is committed to environmental sustainability. The City believes we have a unique opportunity to further expand our leadership in the area of environmentally preferable purchasing, and through our actions, elicit changes in the marketplace. By further incorporating environmental considerations into public purchasing, the City of Stockbridge will positively impact human health and the environment, remove unnecessary hazards from its operations, reduce costs and

17 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 17 of 24 liabilities, and improve the environmental quality of the region. As such the City encourages the incorporation of environmental sustainability into proposals. 4. EXAMINATION OF PROPOSAL/CONTRACT DOCUMENTS All prospective Proposers shall thoroughly examine and become familiar with the Proposal package and carefully note the items which must be submitted with the Proposal. (These Instructions to Proposers, the Request for Proposal, the Proposal Forms, the Contract, the General Conditions, and the Specifications are referred to herein as the "Proposal Documents" or the "Contract Documents.") Submission of a Proposal shall constitute an acknowledgment that the Proposer has read and understands the Proposal Documents. The failure or neglect of a Proposer to receive or examine any Proposal Document shall in no way relieve it from any obligations under its Proposal or the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work. 5. ADDENDUM(S)-CHANGES WHILE PROPOSING The City shall not be required to provide to any Proposer verbal interpretations as to the meaning of any portion of the Proposal Documents. Requests for interpretation, clarification or correction of Proposal Documents, forms or other material in this Proposal Package should be made in writing and delivered to the City of Stockbridge, Purchasing Office, 4640 North Henry Blvd., Stockbridge, Georgia 30281, or by to vclark@cityofstockbridge-ga.gov or facsimile to (770) by the date and time listed in the proposal documents (if applicable). Any response by City to a request by a Proposer for clarification or correction will be made in the form of a written Addendum. All parties to whom the Proposal packages have been issued will be sent a notification of the issuance of an Addendum either by and/or by facsimile. The Addendum may be electronically downloaded by visiting the Bids section of the City web site at However, prior to submitting its response, it shall be the responsibility of each Proposer to visit the City website to determine if addendum(s) were issued and, if so, to obtain such addendum(s). 6. PREPARATION OF PROPOSALS 6.1 Proposals shall be submitted on reproduced copies of the attached Proposal Forms including any revised or additional Proposal Forms supplied by Addendum(s). If an award is made, the completed Proposal Forms shall constitute a part of the Contract Documents and will be incorporated in the final Contract between the City and the successful Proposer. All blank spaces in the Proposal Forms should be filled in legibly and correctly in ink or type. 6.2 All Proposals shall contain the name and business address of the individual, firm, corporation, or other business entity submitting the Proposal and shall be subscribed by either the individual, a general partner, a member of a member-managed LLC, a manager of a manager-managed LLC, or an authorized officer or agent of a Corporation or business entity. If any officer or agent other than the signatories described in the preceding sentence shall sign any Contract Document on behalf of the Proposer, the City should be furnished with satisfactory evidence of such officer s or agent's authority to bind the Proposer with respect to the contents of the subject Proposal Documents so signed by him or her. 6.3 If the Proposer is a partnership, joint venture, or sole proprietorship, the City, reserves the right to require the Proposer to submit to the City at any time the name and business address of each owner, principal, partner, or member of the Proposer having an ownership or management position with the Proposer. 6.4 If the Proposer is a corporation or other state-chartered business entity, the City reserves the right to require the Proposer to submit to the City at any time, the name and business address of each officer,

18 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 18 of 24 director and holder of 10% or more of the stock or other ownership interests of such corporation or other business entity. If the Proposer is a foreign corporation or other state-chartered business entity and is the successful Proposer, the Proposer will be required to submit evidence prior to the execution of the Contract, if awarded, that the corporation or other state-chartered business entity is authorized to do business in the State of Georgia and the City. If the Proposer elects to use a fictitious name in its Proposal, a copy of the Proposer's fictitious name registration should be provided to City. 7. PROPOSAL GUARANTY. A Proposal Guaranty shall not be required for this Contract. 8. DELIVERY OF PROPOSALS 8.1 All Proposals shall be submitted in sealed envelopes bearing on the outside the name of the Proposer, address, and the RFP #. Each Proposal shall consist of (i) an executed copy of the Proposal Form, along with all other documents or information required to be submitted pursuant to the terms of the Proposal Documents (together, the "Proposal"). The documents comprising the Proposal must be completed and signed on the forms provided herein, or on exact reproductions thereof. 8.2 All Proposals shall be submitted pursuant to the terms outlined in these Instructions to Proposers. Any Proposals received after the time and date specified in the solicitation document for the opening of the Proposals will not be considered, but will be returned unopened. 8.3 Each Proposer s response shall be at the sole cost and expense of the Proposer and such Proposer shall have no right or claim against the City for costs, damages, loss of profits, or to recover such costs, damages, or expenses in the event the City exercises its right to reject any or all Proposals or to cancel an award pursuant to a provision hereof for any reason. 8.4 Submission of a Proposal shall constitute authorization for the City and its representatives and agents to make such copies of the Proposal or portions thereof and to distribute such copies as may be necessary or desirable to carry out the City's objectives or requirements. 9. COMMUNICATIONS REGARDING EVALUATION OF PROPOSALS To ensure the proper and fair evaluation of Proposals, the City highly discourages any oral communication initiated by a Proposer or its agent to an employee of the City evaluating or considering the Proposal during the period of time following the issuance of the solicitation document, the opening of Proposals and prior to the time a decision has been made with respect to the Contract award. An appropriate Purchasing employee of the City may initiate communication with a Proposer in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Proposal. Any communication initiated by Proposer during evaluation should be submitted in writing and delivered to the City of Stockbridge, Purchasing Office, 4640 North Henry Blvd., Stockbridge, Georgia 30281, or by to vclark@cityofstockbridge-ga.gov or facsimile to (770) Unauthorized communication by the Proposer may disqualify the Proposer from consideration. 10. WITHDRAWAL OF PROPOSALS No Proposal may be withdrawn after it is submitted unless the Proposer makes a request in writing and such request is confirmed as received prior to the time set for opening of Proposals. No Proposal may be withdrawn after the scheduled Proposal opening time for a period of one hundred and eighty (120) days. Any Proposer withdrawing or attempting to withdraw its Proposal prior to the expiration of the one hundred and eighty (120) day period shall be obligated to reimburse the City for all its costs incurred in connection with such withdrawal or attempted withdrawal including, without limitation, any increased costs for procuring the goods or services from another Proposer or all costs of advertising and reprocuring the goods or services, and all attorneys fees, in addition to payment of City s other damages.

19 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 19 of 24 A Proposer s submission of a Proposal shall be deemed the Proposer s acknowledgment of an agreement to the provisions of this Section. 11. DISQUALIFICATION OF PROPOSERS 11.1 Any of the following causes may be considered as sufficient for the disqualification of a Proposer and the rejection of its Proposal: Submission of more than one Proposal for the same work, or participation in more than one Proposal for the same work as a partner or principal of the Proposer, by an individual, firm, partnership or corporation, under the same or different names, or by Proposers which are affiliates, either at the time of submittal, or at the time of award. For purposes of this section, the term affiliates means firms, partnerships, corporations or other entities under common control; Evidence of collusion between or among Proposers; Evidence, in the opinion of the City, of Proposer(s) attempting to manipulate the Proposal pricing for its own benefit (e.g. pricing resulting in a failure of the City s ability to enforce the Contract or impose the remedies intended following breach by Vendor); Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on prior projects which, in the City's judgment and sole discretion, raises doubts as to Proposer's ability to properly perform the work; or Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of Proposer or the rejection of its Proposal The City has adopted a policy which addresses, among other things, the obligations of the City's employees with respect to interest in business entities, unauthorized compensation and acceptance of gifts. Please be aware that any act by a Proposer that could cause a City employee to violate the policy is sufficient cause for the denial of the right of the Proposer to propose on any contract or sell any materials, supplies, equipment, or services to the City for a period of time that is determined by the City Manager. 12. REJECTION OF IRREGULAR PROPOSALS A Proposal may be considered irregular and may be rejected if it is improperly executed, shows omissions, alterations of form, additions not called for, unauthorized conditions, or limitations, or unauthorized alternate Proposals, fails to include the proper Proposal Guaranty, Contract references, other certificates, affidavits, statements, or information required to be included with Proposals, including, but not limited to, the Proposer's prices, or contains other irregularities of any kind. 13. NOTICE OF INTENT TO AWARD CONTRACT Unless all Proposals are rejected, a Notice of Intent to Award is anticipated to be provided within ninety (90) days from the opening of Proposals to the responsible and responsive Proposer submitting the Proposal deemed to be most advantageous to the City, price and other factors being considered. For all procurements, the City reserves the right to reject any or all Proposals and to cancel the procurement or to solicit new Proposals.

20 RFP : Provision of Banking Services Receipt due at 2 pm local time, Aug. 31, 2012 City of Stockbridge Page 20 of RESPONSIBILITY OF PROPOSERS 14.1 City reserves the right, to aid it in determining a Proposer's responsibility, to require a Proposer to submit such evidence of Proposer's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with the City and others. The City shall be the final authority in the award of any and all Proposals All Proposers shall furnish the City with the company name, address, contact person, and telephone number of at least three (3) entities (preferably a firm other than the City) for which they have supplied similar services as requested in this Proposal during the past three (3) years, unless otherwise noted in the Proposal Document. The information should be submitted with the knowledge that the City will use the data for reference purposes. The City does check all references and requires the Proposer to notify the reference, verify contract information, and obtain permission from the reference before completing the form For a Proposer to meet the minimum responsibility criteria for this Contract, the Proposer must provide verifiable evidence, through references or otherwise, that the Proposer is an individual, a firm, a corporation, or other entity that is currently employed or otherwise engaged in providing similar services and, taking into account the activities of a related predecessor, affiliate, or principal of Proposer, has been actively engaged in such activity for at least three (3) years immediately preceding the date of the Proposer s response to this request. 15. AFFIDAVIT AND AGREEMENT FOR PHYSICAL PERFORMANCE OF SERVICES AS DEFINED BY O.C.G.A When applicable, awarded vendor will be required to submit a City supplied Affidavit and Agreement in accordance with O.C.G.A as part of the contract execution process. 16. AFFIDAVIT VERIFYING STATUS FOR CITY PUBLIC BENEFIT APPLICATION 16.1 Awarded vendor will be required to submit an Affidavit Verifying Status for City Public Benefit Application in accordance with O.C.G.A as part of the contract execution process. 17. EXECUTION OF CONTRACT 17.1 The Proposer to whom the Notice of Intent to Award is given shall, within ten (10) business days of the date of the Notice of Intent to Award, execute and/or deliver the following to the City: the Contract, a copy of the Proposer s valid business or occupational license, and all other documents and information required by the Contract Documents. All of the above documents and information must be furnished and the Contract Documents executed by Proposer, and delivered to the City, before the Contract will be executed by the City A Proposer's failure to timely fulfill its obligations under this section shall be just cause for withdrawal of such Notice of Intent to Award. In such case, a Notice of Intent to Award may then be issued to the next ranked Proposer or all Proposals may be rejected and the Contract re-advertised. In such event, the City shall be entitled to receive its damages and costs, including, but not limited to, its attorneys fees caused by or in connection with a Proposer s failure to fulfill its obligations under this paragraph. A Proposer's liability for failing to timely fulfill the obligations stated in this paragraph shall be the same as for withdrawing its Proposal (see Section 10) The Contract shall not be binding upon the City until it has been executed by the City and a copy of such fully executed Contract is delivered to the Vendor. The City reserves the right to cancel the award without liability to any Proposer at any time before the Contract has been fully executed by the City and