Finance Department General Services Division REQUEST FOR PROPOSALS (RFP) Specification No. 12-10654-C FOR Banking Services PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY Dear Proposer: The City of Berkeley is inviting participants to submit a proposal to serve as the City s depository and full service financial institution. As a Request for Proposal (RFP) this is not an invitation to bid and although price is very important, other factors will be taken into consideration. The project scope, content of proposal, and vendor selection process are summarized in the RFP (attached). Proposals must be received no later than 2:00 pm, on Tuesday, September 25, 2012. All responses must be in a sealed envelope and have Banking Services and Specification No. 12-10654-C clearly marked on the outer most mailing envelope. Please submit one original, five copies, and one electronic version (preferably in a WORD document) of the proposal as follows: Mail or Hand Deliver To: City of Berkeley Finance Department/General Services Division 2180 Milvia Street, 3rd Floor Berkeley, CA 94704 Proposals will not be accepted after the date and time stated above. Incomplete proposal or proposals that do not conform to the requirements specified herein will not be considered. Issuance of the RFP does not obligate the City to award a contract, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of proposals for the subject work. The City retains the right to award all or parts of this contract to several bidders, to not select any bidders, and/or to re-solicit proposals. The act of submitting a proposal is a declaration that the proposer has read the RFP and understands all the requirements and conditions. The City will conduct a non mandatory pre-bid conference on Tuesday, August 14, 2012 at 10:00 am, at the City of Berkeley, 2180 Milvia Street, 6 th Floor, Sequoia Conference Room. For questions concerning the anticipated work, or scope of the project, please contact Jenny Chew, Systems Accountant, via email at jchew@cityofberkeley.info no later than August 23, 2012. Answers to questions will not be provided by telephone. Rather, answers to all questions or any addenda will be posted on the City of Berkeley s website http://www.cityofberkeley.info/contentdisplay.aspx?id=7128. It is the vendor s responsibility to check this site. For general questions concerning the submittal process, contact purchasing at 510-981-7320. We look forward to receiving and reviewing your proposal. Sincerely, Henry Oyekanmi Acting General Services Manager 2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.7390 E-mail: finance@ci.berkeley.ca.us Website: http://www.ci.berkeley.ca.us/finance
City of Berkeley Specification No. 12-10654-C Page 2 of 27 I. BACKGROUND The City of Berkeley is soliciting proposals from financial institutions that can provide a complete range of banking and depository services for its day to day operations and also serve the Berkeley Community as a whole. In addition to banking services the City is considering opening several Public Funds interest bearing accounts that offer the best rate of return for the City. These accounts have little activity and maybe restricted by the funding source. Customer Service is also a key component of this RFP, any respondent must have an excellent track record for Customer Service. Banking services have been provided to the City of Berkeley by Wells Fargo Bank since 2004. The City is seeking Request for Proposals (RFP) as the existing banking contract will expire on December 31, 2012. For General Banking Services, the City seeks a financial institution that can provide full banking services and will make Community Investment, and Reinvestment commitments to the citizens and businesses of Berkeley. The selected vendor must be a qualified depository of public funds in compliance with Section 53649 of the California Government Code. It must be able to fully collateralize public fund deposits from the City of Berkeley. The City averages over $350 million annual cash inflow and outflow activity (excluding investment settlement) through its commercial banking account. The City collects approximately 20,000 checks, and about $700,000 in currency and coins per month from multiple locations, including remote sites via deposit scanner(s). The City accepts credit card payments averaging $19 million each year and the merchant card accounts send multiple ACH transactions daily to the City s main operating account. In addition, the City receives wires and other ACH remittances from organizations and other governmental agencies. The City also maintains summer camping facilities: Tuolumne Camp in Groveland, California 95321, and Echo Lake Camp near South Lake Tahoe, California. Currently only the Tuolumne Camp location needs a bank nearby for currency deposits. It is desirable if you have a branch presence nearby, but not mandatory. Another deposit requirement, although it seldom happens, is that the City receives checks in foreign currency that need to be deposited and accepted by the bank. For disbursement processing, the City issues about 3,000 checks per month from three (3) Zero-Balance Accounts (ZBA), and one (1) 3 rd party administered account. In addition to checks, the City has bi-weekly payroll direct deposits, payroll tax payments and payments by wire and ACH transmissions. There are about 15 corporate credit cards that staff members use and are issued by the current banking institution. The City needs timely cash flow data for cash management and investment, and a sweep account linked to its main operating account. The City is especially interested in various technical solutions that could improve its banking, cash management, and customer service capabilities especially in the areas of cash flow, account reconcilement, direct deposit, positive pay, lockbox remittance services, online bill payment, fraud detection, timely and accurate online information reporting and electronic data exchange between products residing in the banking system and other financial system. It is critical that the financial institution provide web-based on-line banking services for added convenience and efficiency. The City currently has automation in place in some of these areas and wishes to reduce the impact on existing systems as much as possible in the event that a new vendor is selected. The City hardware infrastructure includes an IBM series (AS/400) and an extensive WAN supported by Windows 2000 and Windows 2003 servers. The City also is in the process of implementing other web-based software and requires that any interaction with financial system employ XML, ODBC, and/or JDBC interfaces. II. SCOPE OF SERVICES The City s fiscal year begins on July 1, and ends June 30 of each year. The Term of this contract will be an initial four year contract with two options to extend for a period of three years each for a total of ten years. Options to extend will only be exercised if the selected financial institution is meeting or exceeding the City s expectations. Scope of Services will be broken into two:
City of Berkeley Specification No. 12-10654-C Page 3 of 27 Scope A. General Banking Scope B. Public Fund Interest Bearing Accounts. Financial Institutions may submit a proposal for both Scope A and B or either Scope A or B. Respondents must meet all requirements of the particular Scope and be in compliance with all banking regulations, and all applicable federal and state laws. The City reserves the right to accept or reject any or all Proposals in whole or in part. Scope A. General Banking Services- In order to provide General Banking Services, the financial institution must meet minimum qualifications as listed in Section A. The City will select the highest scoring proposer whose proposal addresses each section of the RFP (A-Q), and best meets the needs of the City. Scope B. Public Fund Interest bearing accounts- for this Scope of Services, financial institutions must submit a proposal to the City describing what its institution can offer as far as interest bearing accounts. The City may select one or several financial institutions for these accounts. Certain accounts are stand alone accounts. Some of the interest bearing accounts may have just a few deposits and wire transfers during the month. Collateralization of public funds could be applicable to some of these accounts. The City is looking for a solution that offers the highest rate of return, has one or several branches located within the City of Berkeley and offers the best online service delivery. It must provide a dedicated contact/team and have proven excellent customer service. Customer Service, efficiency (effective online service delivery) is a high priority of the City. Respondents for both Scope A and B must have a designated team or staff member that will be available to the City at all times. Expected time to return calls will be 30 minutes to one (1) hour. Respondents for both Scopes must also have a demonstrated commitment to the citizens and businesses of Berkeley through its Community Investment and Social Responsibility policies. Proposal Format and Content In order for the City to compare and evaluate proposals objectively, all proposals must be submitted in accordance with the requirements stated below. For General Banking Services (Scope A), please label each section (A-Q). Vendors must maintain the sequence of each response in accordance with the layout of this RFP. For numbered items listed under the sections, vendors must repeat each question or group of questions followed by your institution s response. Failure to follow these instructions may result in the proposal being rejected as non responsive GENERAL BANKING SERVICES: Scope A Banking Services. Minimum Qualifications: To be considered for selection, proposing banks must meet certain minimum qualifications. 1. Is your institution a State or National Bank as defined in California Government Code Section 53630.5? 2. Do you have established offices within the City of Berkeley? Please list branch and ATM locations within the City of Berkeley and within the State of California, when applicable. 3. Is your bank a member of the Federal Reserve System with access to all Federal Reserve services? 4. Are you insured by the Federal Deposit Insurance Corporation (FDIC)? 5. If your financial institution is not insured by the FDIC, please disclose your association and how you are insured. 6. Is your institution a qualified depository of public funds in compliance with Section 53649 of the California Government Code? Would your institution be capable of collateralizing public fund deposits exceeding $40 million? What is your institution s current level of public funds deposits and related collateral?
City of Berkeley Specification No. 12-10654-C Page 4 of 27 7. Does your institution have a fully staffed government services unit? Does this unit have experience with an account similar in size to the City of Berkeley? Do you agree to assign experienced and dedicated staffs who are committed and capable of servicing the City s accounts? 8. Is your institution in compliance with Section 53635.2 of the California Government Code in regards to serving the credit needs of California communities? What is your overall rating with the Community Reinstatement Act (CRA)? 9. The City may need $10 million for daylight overdrafts. Are you sufficiently capitalized to handle this amount? 10. Does your institution have a disaster contingency plan and a backup system to allow the City to continue operations in the event of systems breakdowns or other emergencies? 11. Is the bank willing to assume liability if and when extraordinary events occur, for injury or harm to the City, its officers, employees, agents, vendors, customers, creditors, bondholders and third-parties in general? 12. Does your institution provide proper fraud protection services, such as positive pay with name verification (payee validation), city signature authorization verification for paid items and other online fraud protection service against unauthorized withdrawal of City funds? Section B. Check Processing: The City of Berkeley maintains three (3) Zero Balance Accounts (ZBA s) and one (1) individual account for Check activity 1) Payroll, 2) Accounts Payable, 3) Housing Shelter Plus Care Program that is tied to the main operating account. In addition there is a Third-party administered Workers Compensation account. The City issues about 3,000 checks per month from these accounts. The City has a bi-weekly payroll and a high volume of direct deposits. Funds are available to employees the next banking day after the file is transmitted to the bank. Refer to Section D. Wires, ACH and Direct Deposits for additional information. 1. Can the City establish ZBA s that are tied to our main operating account? Are there any limitations to the type of ZBA? 2. Will postings of the daily total from ZBA s to the main account be accessible through a detailed report of the main account, or must the City access each account separately? 3. Do you offer truncation for paid items/checks, with images (front and back) transmitted to the City? 4. Do you offer check images on a Compact Disk-Read Only Memory (CD-ROM)? 5. Are the images also available online? For how long? Are the images also available by mail or fax? How soon after a check has been cashed is the image available? 6. How long will you retain the physical check? The check images? Are the images legal and do they follow American National Standard Specifications? 7. Are you capable of sending a daily electronic file of checks paid the previous day? How flexible is the bank in terms of file format? By what time could the City expect the daily file download? 8. What is the bank s maximum character field size for check numbers? Is the field alpha/numeric or numeric only? Will your bank test MICR encoding of new checks? 9. Do you offer full and partial account reconcilement? Please describe the bank s reconciliation services. How are stop payment checks being coded in the account reconcilement file? 10. What methods do you provide for stop payment orders, and how do you confirm this? Can the request be input online? If input online, is the confirmation immediate? 11. Within what time frame (hours) does the stop payment order take effect? Immediately? 12. How long do stop payment orders remain in effect? Do you have different duration options, such as 6 months, 1 year, or 2 years, without the need to implement extensions? Is the cost different for each option? 13. In the case of stale dated checks, will the bank agree to not honor any checks that have been outstanding (based on the dated date of the check) for six months or more? Is there a cost to the City for reviewing and returning stale dated checks? 14. How does the bank compensate the City for checks that are cashed after a stop is placed or if stale dated, and how many days does it take for the bank to reimburse the City?
City of Berkeley Specification No. 12-10654-C Page 5 of 27 15. What is the bank s procedure on forged endorsements after the check has been paid? How soon will the bank reimburse the City should the latter suffer s financial loss? 16. Can check status, and imaged items be viewed online? 17. Does the bank have an effective system for customers to cash City issued checks without turning them away, because their system is unable to know whether the City account has sufficient funds (i.e., Zero balance accounts). 18. Does the bank have a safeguard mechanism at the teller windows to detect fraudulent checks that are not issued by the City or signed by authorized signers? Describe the bank s notification procedure within the banking system and to City contacts. 19. Will your bank charge non-account holders a fee to cash City checks? What is the current fee amount? Section C. Positive Pay 1. Describe the bank s capabilities for Positive Pay and indicate what fields are currently included. How flexible is the bank s file format? 2. Do you offer name verification (payee validation) under positive pay? Is it a one-line payee verification or 2-lines payee verification? How restrictive are name specifications for the printed checks? Do you have restrictions such as 12 point font, no bolded names, etc.? Do you have high read rates? 3. Following a successful submission of the Positive Pay data, can the bank accept subsequent add/delete data to become effective immediately for manual or void checks? 4. How are exception items under Positive Pay reported to the City? Describe how the bank provides image viewing for exception items. 5 What is your procedure and timeline for paying or returning exception items? What is your default disposition if you do not receive the pay decision response by the deadline? Section D. Wires, ACH and Direct Deposits The City has a bi-weekly payroll and a high volume of direct deposits. Funds are available to employees the morning of the next banking day after the file is transmitted to the bank. 1. The City uses ACH for Direct Deposit of employees payroll. Describe types of direct deposit files acceptable to the bank. What are your cut-off times for delivery of a direct deposit file? What is the drop dead deadline to guarantee employee posting? Are there fees associated with missing the standard deadline? Are fees different if the direct deposit files are delivered prior to deadline date? 2. Describe the acknowledgments you provide and timeline when a) you receive a file transmission, and b) when a file transmission fails. 3. Describe your procedure for notifying the City when an ACH, a payroll ACH or wire transmission fails. How soon will the notification occur? Is the City s bank account make whole immediately when a wire or ACH transmission fails? 4. Do you recommend/require pre-notifications for every transaction prior to transfer? 5. Describe how you handle return items and returned pre-notifications. 6. Are there any restrictions on the software we can use to prepare our payroll in order to be compatible with your direct deposit service? 7. The City submits tax payments and other time sensitive payments by ACH file transmission. What are your different file transmission options? What are your delivery and transmission deadlines? Can transmissions be initiated and monitored online? 8. If the City uses your service for making tax payments, do you guarantee the timing of the payment? If the payment has been made within your cut-off time, but is delayed, will you absorb any penalties and interest charges assessed by the tax authority? Describe any restrictions or limitations. 9. Does the City have the ability to change, add or delete an item after transmitting our ACH file to you? If yes, describe the procedure and cut-off times? 10. Do you provide an ACH warehousing capability? If so, indicate the maximum warehousing period and how long changes can still be made before release from warehouse status.
City of Berkeley Specification No. 12-10654-C Page 6 of 27 11. Describe your system security in general and how it will guard against unauthorized ACH debits to the City s accounts. If unauthorized ACH transactions post to the City s account, describe how the transaction would be resolved. 12. What assistance do you provide in establishing a new ACH transmission? Do you provide access to a database of ACH member institutions and ABA transit routing codes? What is the cut-off time in Pacific Standard Time for initiating ACH and when the recipient account receive the funds? 13. Describe the bank s online wire transfer capabilities. What is the cut-off time in Pacific Standard Time for initiating wire transfers to ensure same-day execution? 14. What safeguards and security measures does the bank have in place to protect the City, especially against unauthorized use of the system? Are there daily limits on wire transfers? 15. Is your bank both a sending and receiving bank of the National Automated Clearing House Association (NACHA)? 16. With regards to your ACH and wire services, what are the bank s contingency plans in the event of a system failure? Do you offer these services by means other than a computer system? Do you have backup process if internet/transmission lines are unavailable? Section E. Deposit Activity The City Treasury serves as the depository for City departments. Currently, the City collects approximately 20,000 checks per month and about $700,000 in currency and coins per month from multiple locations including remote sites via deposit scanner(s). Although it seldom happens, the City also receives checks in foreign currency. 1. Describe the bank s required preparation for cash deposits, currency, coins, checks, and checks in foreign currency. Do you accept currency deposits in a sealed Pelican case? 2. Describe funds availability (when it becomes ledger credit) and cut-off times for: A. scanned check deposits B. checks drawn on the same bank C. in-coming ACH direct deposit and incoming wires D. do you guarantee immediate credit (same day funds credit) on all incoming wire transfers and U.S. Treasury and State of California checks upon receipt? 3. Are you an approved State Depository? Are your availability policies different from the Federal Reserve Bank s availability schedule? Will the City receive same day availability of funds for all images and check deposits drawn on the bank? 4. City Treasury requires daily cash including coin deposit delivery to the bank. Does the bank accept currency deposit delivery in a sealed Pelican case? Does the bank have an efficient system to process high volume of cash and coins? 5. What is the same-day ledger cut-off for direct local branch deposits, should it ever be necessary? How many bank branches do you have in the City of Berkeley? What is your closest branch to City Hall, 2180 Milvia St., Berkeley, and to Tuolumne Camp located in Groveland, CA 95321? 6. Will the bank be able to fulfill the City s requirement that all returned deposit items will be re-deposited at least once? Is there a charge for this? Is there a NSF check fee for the first and/or second return on the same deposit? 7. Describe how the bank handles any deposit discrepancies, including checks deposited to the City by mistake. What supporting documents are provided for deposit adjustments? How will you notify City Treasury? 8. Describe your return procedures for checks. If the original check is deposited, will you return it? Can you provide an internet based returned-check list with images both front and back? 9. What are the cut-off times for image and check deposits at the banks operations center to ensure same day ledger credit? 10. The City currently maintains sub-accounts to track deposits by locations and these sub-accounts are linked to the main operating account. Does the bank limit the number of sub-accounts and what is the maximum number of sub-accounts the City can set up? 11. Does your bank provide Lockbox Services? What is the schedule of availability for these items? Will lockbox deposits of CA State checks receive immediate credit? At what time of the day is the information
City of Berkeley Specification No. 12-10654-C Page 7 of 27 reported and will the bank provide Internet notification. Describe the lockbox file format and its compatibility with the City s SunGard system. 12. The City has seen an increase in ACH direct deposits without clear documentation as to the source of the funds. This makes it difficult to identify the recipient department. Can the bank propose a cost effective solution to this problem? Section F. Armored Car Services On a daily basis the City requires an Armored Car transport to pickup cash and checks from different City locations to be deposited at the bank. (These can only be provided by a vendor that has adequate insurance coverage.) The current financial institution provides this service through a third party. Current Armored Car service schedule for the six (6) City locations requiring pick up is presented below. Exceptions are for locations other than the garages when City offices are closed during holidays and VTO days (every second Friday of the month when City offices are closed as a cost saving measure) are being observed. Please note: all three City garages are under new management and as technological changes are put into operation the requirement for picking up money may change. Picking up parking meter (coin only) requires dollies and lift gates. Department Days Times Transfer Station M-S 9:00-11:00 am Corporation Yard M-F 12:00-2:00 pm Treasury M-F (except closures) 3:00-5:00 pm Telegraph Channing Garage M, W, F, Sat 1:00-3:00 pm Oxford Garage M, W, F, Sat 1:00-3:00 pm Center Street Garage M, W, F, Sat 1:00-3:00 pm 1. Does your bank have a contract for this service? 2. Who is your provider for this service? 3. Does your bank or third party provider for this service, provide secure transportation services for deposits? 4. What are the costs for these services? Can the costs be paid from earning allowance credits through the bank s monthly Account Analysis Statement? Section G. Cash Management, Reporting and Investment The City manages an investment portfolio of approximately $201 million of City funds and an additional $22.4 million of trust funds. The City s investment manager requires daily cash balance reporting information for all accounts, for both prior day and current day (intraday) information. Prior day information must be available by 7:00 a.m. Pacific Standard Time the following working day to facilitate the daily cash management of funds. In addition, any timely update of intra-day balance information is helpful. The City requires at a minimum bank reconcilement, and online monthly bank statement showing summaries, reconcilements and relevant detail. 1. Does your bank have efficient and flexible online bank reporting? Is it possible for the City to get on-line reports before the monthly statement is available? For example if we need information from the 10 th of the month through the 20 th of the month, is it possible to get that report on line in real time? 2. Describe the bank s online information reporting system, including file export and security capabilities. 3. Describe or provide a sample copy of PC screens that show the information reports that the City can obtain from your system. Are all reports available over the internet? At what time is prior day information available for access by City staff? Is intra-day report available via the Internet? How often is intra-day information updated and when? 4. Describe your experience and knowledge in Investment. 5. Does your bank mark the investments to market on a monthly basis or at least quarterly? 6. The City currently uses Sympro. Is the bank's online system able to interface investment transactions to Sympro and to export data to third-party software?
City of Berkeley Specification No. 12-10654-C Page 8 of 27 7. Describe the systems security, including whether passwords, authentication, and/or encryption techniques used to protect online data? 8. Provide a report showing system down time for the past year. Include types of services that were unavailable and how it was communicated to the client. Describe your backup procedures for times when the system is unavailable. 9. How long is information maintained at the bank and online? Is historical data always accessible online? If not, describe the procedure for accessing the information and turnaround time. Section H. Sweep Services and Custodial Services: The City of Berkeley currently uses sweep services. The current bank is the agent to safe keep and clear securities on a delivery versus payment basis. The City requires the custodian to be thoroughly familiar with the public sector and the investment of public funds. 1. Do you offer an overnight sweep service for collected balances at the end of the day with automatic fund transfer? 2. Please describe in detail the investment options available under the sweep service, include rates of return for each option and how often rates change. 3. If an option includes repurchase agreements, do you offer collateralization above 100%? What securities are offered as collateral? 4. Is there a maximum amount you will accept in the sweep? If the City anticipates a large sweep balance, must we provide notice to sweep personnel? What size sweep balance would require giving notice? 5. What are the total assets in your sweep program and what is the largest individual customer balance in the last month? 6. Does the bank offer the custodial services? Describe your experience and knowledge in custodial services. Section I. Corporate Credit Cards Currently, about 15 City staff is authorized to use the Elite credit card issued by the financial institution. Total City credit line for all card holders is about $90,000 and account balance is available online. 1. Describe your online system and information (detail and summary data relating to purchases and payment) that is available to City staff. Currently, individual account holder statement does not list previous account balance and payment, making it impossible to assign finance charge to the late credit card holder. Provide a sample copy of your monthly statement. 2. What are system support hours and customer service hours? Provide monthly statement cut-off date and payment due date and finance charge rate. 3. Is there a notification process to cardholder for late payment? 4. Describe the administration process for City user to access the online system. Section J. Merchant (Credit Card) Services The City's annual credit card receipts amount to about $19 million and is expected to increase every year. The City currently accepts credit card payments for Visa and Master Card, and may accept other payment brands in the future. 1. Describe your services relating to: A. multiple City location administration B. third-party processors 2. Describe platforms that your bank credit card services use and A. are they proprietary or B. commonly used by other financial institutions. 3. Provide a list of credit card equipment that functions with your system.
City of Berkeley Specification No. 12-10654-C Page 9 of 27 4. Describe the online reporting for merchant service accounts. Provide a list of available reports. Is your system capable of combining several merchant accounts into groups and assigning permission to run reports by group? 5. Provide: A. fee schedule B. funding timeline -memo post and bank post. Currently, payments passing through the Bank's system are being funded the next day. 6. Customer Service: A. who will be the merchant card account manager at the bank? B. what are the available hours for contacting this person, and C. what is the timeline for problem resolution? 7. Payment Card Industry (PCI) compliance - Currently, the bank provides Trustwave to assist the City with its merchant account compliance requirements. Describe what you can provide? Section K. Online Banking Information Systems, Security, Integration and Disaster Contingency The City s current bank has a variety of online system capabilities, including A) fraud detection programs for unauthorized transactions, B) uploading and downloading of electronic data from the bank to the City or from the City to the bank, or to outside 3rd party such as the State of California, C) reports that can be exported to Microsoft products, D) place currency order online and E) security for user access administration of online business banking. In addition, the bank s reconcilement file can be downloaded to the City s Accounting and Payroll system (SunGard financial system.) 1. Describe your bank s online capabilities and security. Can your banking features match or exceed existing bank capabilities? 2. Does your bank have a centralized program to manage changes and globally applied to all online programs, statements, reports being affected? 3 Does the bank monitor changes? Are changes updated globally? Does the bank s system have a status monitoring system to detect partial changes, complete changes and exceptions, with a time stamp for when changes are effective and implemented without additional follow-up from City staff? Will the bank notify the City of these change updates? 4. Describe the bank s disaster contingency plans, contacts and backup systems for continued City operations in the event of system failure and natural disaster and other emergencies. 5. Does your bank provide emergency cash at City s demand? Section L. Customer Service Customer Service, efficiency (effective online service delivery) and Investment/ Re-Investment is a high priority of the City. Respondents must have a designated team or staff member that will be available to the City at all times. Expected time to return calls will be 30 minutes to one hour. Respondents must also have a demonstrated commitment to the citizens and businesses of Berkeley through its policies on offering low interest loans and mortgage rate reductions and CRA goals. Does your bank provide? 1. Free cashing of City s check including payroll checks at bank branches? 2. Provide a designated team or staff member that will be available to the City at all times? 3. Expected time to return calls will be 30 minutes to one hour. Can your bank commit to this time requirement? Section M. Conversion Process and Training: In the event that your bank is selected, key branch and bank staff assigned to the City will be required to participate in an on-site review of City Treasury and other existing banking practices. The bank will be expected to make a
City of Berkeley Specification No. 12-10654-C Page 10 of 27 written report to the Director of Finance of its findings and recommendations and develop a conversion plan based on the review. 1. How long does a typical conversion take? What factors may alter that time period? 2. Provide a sample conversion timetable/schedule. 3. Will all training be on-site or will our staff need to attend training at your facilities? If off-site training is required, where are the training facilities located? 4. Will the conversion be at no cost to the City? Will the bank provide a conversion allowance to the City? How much? 5. Will the Bank take the lead and responsibility for conversion progress, with weekly updates of progress to staff? 6. Do you provide written user manuals for all services? How often are manuals updated? Are user manuals also available online? 7. Do you provide on-going training after implementation? Again, are they on-site, off-site or online? Section N. Payment for Services-Bank Compensation: The City currently compensates for bank services through a combination of direct fees and an earnings allowance based upon the demand deposits. In addition all ZBA accounts and other accounts are linked to the main operating account and fees are consolidated under the operating account. In addition, the City requires a monthly account analysis report with a summary page for all accounts. 1. Does the bank accept compensation in fees, balances, or a combination of the two? Is the price schedule the same either way? 2. If you accept collected balances for payment, give the complete formula for calculating the earnings credit. What is the Bank s Earning s Credit Rate based on how is it calculated, and how frequently does it change? Is the reserve requirement deducted from the available balance before the earnings allowance is calculated? Are the balances of all accounts consolidated for this calculation? Please list your actual earnings credit rate for each of the last 12 months. 3. What is the bank s time horizon for an excess/deficit earnings credit relative to fees? Is it carried forward to future billing periods? For how long? Describe any limitations or policies related to this compensation method. 4. What is your charge rate for a negative collected funds balance? What is the Bank s Negative Collected Use of Fund Rate based on, how is it calculated, and how frequently does it change? Are the balances of all accounts consolidated for this calculation? Please list your actual negative collected funds rate for each of the last 12 months. 5. Is the available balance assessed an FDIC deposit insurance assessment and what is the current rate? 6. Are TMA codes included on the Account Analysis Statement? Can the statement be delivered electronically each month? How quickly can we expect delivery? 7. Please provide a copy of your Account Analysis Statement as an exhibit. 8. Does the bank have any special charges not specified in the pricing schedule that relates to operations of the bank account? For example, do you charge for an excessive error rate on encoding? 9. Will your bank guarantee the prices in this proposal for the next three years? If not, how will future price increases be calculated? Section O. Experience / References 1. Describe the bank s experience in providing the requested services to the public sector. Include exclusive resources dedicated to the public sector. 2. Please provide a description of the experience/qualifications of all persons who may perform services under contract, including staff resumes that cover all experience and educational background. All personal information provided will be maintained in confidence as allowed by law.
City of Berkeley Specification No. 12-10654-C Page 11 of 27 3. Please provide a list of key personnel, including full name, position, licenses or degrees held and a brief summary of relevant experience as related to proposed services; organization chart; list of Board of Directors (if applicable); licenses (where appropriate). 4. Please provide five references, including contact name, phone number, and address. These references should be public agency references of similar size and scope of services as the City of Berkeley. 5. Upon specific request of the City, the bank shall provide consent and waiver forms permitting City to obtain personal employment/professional qualification information about Contractor who may perform services under this contract from third parties, and releasing third parties from any and all liability for disclosing such information to City. 6. Please provide a complete list of current public clients to whom you provide full banking services in California. Section P. Additional Information and Questions: 1. What differentiates your products and services from other banks? Why should the City select your bank? 2. Will the bank interface directly with, and assume full responsibility for, any and all third-party service providers, such as armored carriers and couriers? 3. Does your bank have any pending litigation with any California government agency clients regarding banking services? If so, please describe each instance. 4. Is a formal disaster recovery plan in place in the event of a system failure or other disaster at the bank s primary processing site? Is there a hot backup site? When was your institution s disaster recovery plan last updated and tested? 5. Please provide key measures of your banks financial strength, including total assets, market capitalization, ratings from Standard and Poor s and Moody s. Include a copy of the banks most recent audited financial statement. Section Q. Community Investment and Social Responsibility The City will enter into contracts with financial institutions that are committed to Community Investment/ Reinvestment and Social Responsibility. Please answer the following questions regarding your institutions Community involvement. Data should be reported for the last two (2) prior years for all questions 1. Submit information relating to the number and total value of home loans provided by your institution within the City of Berkeley. 2. Submit information relating to the number and total value of small business loans provided by your institution within the City of Berkeley. 3. Submit information relating to your institution s foreclosure prevention and home loan principal reduction programs within the City of Berkeley including the number of loan modifications made in Berkeley with changes in the APR and terms. 4. List all Community reinvestment activity within the City of Berkeley. State what your institution s reinvestment goals are for the Berkeley Community for the next five (5) years. 5. Submit information relating to loans or cash grants to nonprofit organizations offering services in Berkeley? 6. Submit any innovative processes your institution is conducting or plans to conduct to promote healthy communities and that are socially responsible. 7. Please describe any other leadership activities that your bank participates in that shows your institution s commitment to the Berkeley Community. 8. The number of Berkeley residents employed by the institution. 9. Description of programs that serve both the non-banked and under-banked in Berkeley, including the product details, how the services are being marketed and promoted and the data that shows how many Berkeley residents are utilizing these services and how the institution intend to expand these services.
City of Berkeley Specification No. 12-10654-C Page 12 of 27 Branches List of addresses of retail branches staffed with people List of addresses of ATM only branches List of addresses of other bank facilities within the City (i.e. corporate offices) Conditions and Stipulations: The City reserves the right to reject any and all proposals, cancel all or part of this RFP, and waive any nonmaterial irregularities or informalities and to request additional information and clarification regarding any particular service from the proposing banks. By requesting proposals, the City is in no way obligated to select any proposal or pay expenses of the proposing banks in connection with the preparation or submission of a proposal. The City reserves the right to reject any bank for any reason. The proposal should be the best effort possible by the bank, since the City reserves the right to award the contract with no further negotiations. Conversely, the City reserves the right to negotiate with the successful proposer any additional terms and conditions not contained in their proposal, which are in the best interest of the City or to otherwise revise the scope of this RFP. All proposals, whether accepted or rejected, shall become the property of the City of Berkeley. All proposals received become public records. The City s decision to award a contract will be based on many factors including, but not limited to service, cost, experience, financial strength, and ability to deliver, or for any other reason deemed by the selection committee to be in the best interest of the City. No single factor, such as cost, will determine the final decision to award. This RFP and the bank s response, including all promises, warranties, commitments, and representations made in the successful proposal, shall become binding contractual obligations, and will be incorporated by reference in the final agreement between the City of Berkeley and the selected bank. All terms and conditions not specifically identified as exceptions will be considered acceptable to Contractor. III. SUBMISSION REQUIREMENTS All proposals shall include the following information, organized as separate sections of the proposal. The proposal should be concise and to the point. 1. Contractor Identification: Provide the name of the firm, the firm's principal place of business, the name and telephone number of the contact person and company tax identification number. 2. Client References: Provide a minimum of five client references. References should be other California cities or other large public sector entities. Provide the designated person's name, title, organization, address, telephone number, and the project(s) that were completed under that client s direction. 3. Price Proposal: The proposal shall include pricing for all services. Pricing shall be all inclusive unless indicated otherwise on a separate pricing sheet. The Proposal shall itemize all services, including hourly rates for all professional, technical and support personnel, and all other charges related to completion of the work shall be itemized. 4. Contract Terminations: If your organization has had a contract terminated in the last five years, describe such incident. Termination for default is defined as notice to stop performance due to the vendor s non-performance or poor
City of Berkeley Specification No. 12-10654-C Page 13 of 27 performance and the issue of performance was either (a) not litigated due to inaction on the part of the vendor, or (b) litigated and such litigation determined that the vendor was in default. Submit full details of the terms for default including the other party s name, address, and phone number. Present the vendor s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If the firm has not experienced any such termination for default or early termination in the past five years, so indicate. IV. SELECTION CRITERIA The following criteria will be considered, although not exclusively, in determining which firm is hired. 1. Protection of public funds (collateralization of public deposits) and Financial strength of bank (capitalization, bank ratings, profitability 20 points 2. Ability to provide required services. 25 points 3. Ability to provide enhanced services (new services, emerging technology)... 15 points 4. Experience with public sector clients (Government Services Group) and Quality of references (other like agencies with similar service utilization)..... 15 points 5. Cost to the government (pricing, cost of conversion, staff time).. 15 points 6. Community investment, re-investment and social responsibility. 10 points A selection panel will be convened of City staff, which will include IT, Finance and other departments. V. PAYMENT Invoices: Invoices must be fully itemized, and provide sufficient information for approving payment and audit. Invoices must be accompanied by receipt for services in order for payment to be processed. Mail invoices to the Project Manager and reference the contract number (to be given to the successful vendor upon execution by both parties). City of Berkeley Accounts Payable PO Box 700 Berkeley, CA 94701 Attn: Jenny Chew/Systems Accountant Payments: The City will make payment to the vendor within 30- days of receipt of a correct and complete invoice. VI. CITY REQUIREMENTS A. Non-Discrimination Requirements: Ordinance No. 5876-N.S. codified in B.M.C. Chapter 13.26 states that, for contracts worth more than $3,000 bids for supplies or bids or proposals for services shall include a completed Workforce Composition Form.
City of Berkeley Specification No. 12-10654-C Page 14 of 27 Businesses with fewer than five employees are exempt from submitting this form. (See B.M.C. 13.26.030) Under B.M.C. section 13.26.060, the City may require any bidder or vendor it believes may have discriminated to submit a Non-Discrimination Program. The Contract Compliance Officer will make this determination. This applies to all contracts and all consultants (contractors). Berkeley Municipal Code section 13.26.070 requires that all contracts with the City contain a non-discrimination clause, in which the contractor agrees not to discriminate and allows the City access to records necessary to monitor compliance. This section also applies to all contracts and all consultants. Bidders must submit the attached Non-Discrimination Disclosure Form with their proposal B. Nuclear Free Berkeley Disclosure Form: Berkeley Municipal Code section 12.90.070 prohibits the City from granting contracts to companies that knowingly engage in work for nuclear weapons. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that engages in nuclear weapons work. If your company engages in work for nuclear weapons, explain on the Disclosure Form the nature of such work. Bidders must submit the attached Nuclear Free Disclosure Form with their proposal. C. Oppressive States: The City of Berkeley prohibits granting of contracts to firms that knowingly provide personal services to specified Countries. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that is covered by City Council Resolution No. 59,853-N.S. If your company or any subsidiary is covered, explain on the Disclosure Form the nature of such work. Bidders must submit the attached Oppressive States Disclosure Form with their proposal. D. Conflict of Interest: In the sole judgment of the City, any and all proposals are subject to disqualification on the basis of a conflict of interest. The City may not contract with a vendor if the vendor or an employee, officer or director of the proposer's firm, or any immediate family member of the preceding, has served as an elected official, employee, board or commission member of the City who influences the making of the contract or has a direct or indirect interest in the contract. Furthermore, the City may not contract with any vendor whose income, investment, or real property interest may be affected by the contract. The City, at its sole option, may disqualify any proposal on the basis of such a conflict of interest. Please identify any person associated with the firm that has a potential conflict of interest. E. Berkeley Living Wage Ordinance: Chapter 13.27 of the Berkeley Municipal Code requires that contractors offer all eligible employees with City mandated minimum compensation during the term of any contract that may be awarded by the City. If the Contractor is not currently subject to the Living Wage Ordinance, cumulative contracts with the City within a one-year period may subject Contractor to the requirements under B.M.C. Chapter 13.27. A certification of compliance with this ordinance will be required upon execution of a contract. The Living Wage rate is currently $13.03 (if medical benefits are provided) or $15.20 (if medical benefits are not provided). The Living Wage rate is adjusted automatically effective June 30 th of each year commensurate with the corresponding increase in the Consumer Price Index published in April of each year. If the Living Wage rate is adjusted during the term of your agreement, you must pay the new adjusted rate to all eligible employees, regardless of what the rate was when the contract was executed.
City of Berkeley Specification No. 12-10654-C Page 15 of 27 F. Berkeley Equal Benefits Ordinance: Chapter 13.29 of the Berkeley Municipal Code requires that contractors offer domestic partners the same access to benefits that are available to spouses. A certification of compliance with this ordinance will be required upon execution of a contract. G. Statement of Economic Interest: The City s Conflict of Interest Code designates consultants as a category of persons who must complete Form 700, Statement of Economic Interest, at the beginning of the contract period and again at the termination of the contract. The selected contractor will be required to complete the Form 700 before work may begin. H. Disclosure of Historical Commerce in Slavery Ordinance No. 6855-N.S. codified in B.M.C. Chapter 13.96 states that, any contractor providing financial services to the City (including any bank in which the City deposits public funds) that directly or through its parent entities, subsidiaries or predecessors in interest, bought or sold slaves, used slaves as collateral, provided loans to purchase slaves, insured such transactions or the slaves, or provided any other services to aid in such transactions, shall disclose in writing whether the contractor engaged in such commerce in slaves shall provide such disclosure in conjunction with execution of a contract with the City VII. OTHER REQUIREMENTS A. Insurance The selected contractor will be required to maintain general liability insurance in the minimum amount of $1,000,000, automobile liability insurance in the minimum amount of $500,000 and a professional liability insurance policy in the amount of $1,000,000 to cover any claims arising out of the performance of the contract. The general liability and automobile insurance must name the City, its officers, agents, volunteers and employees as additional insured. B. Worker s Compensation Insurance: A selected contractor who employs any person shall maintain workers' compensation insurance in accordance with state requirements. Sole proprietors with no employees are not required to carry Worker s Compensation Insurance. (Worker s Compensation Insurance cannot be waived for any person who employs others.) C. Business License Virtually every contractor that does business with the City must obtain a City business license as mandated by B.M.C. Ch. 9.04. The business license requirement applies whether or not the contractor has an office within the City limits. However, a "casual" or "isolated" business transaction (B.M.C. section 9.04.010) does not subject the contractor to the license tax. Warehousing businesses and charitable organizations are the only entities specifically exempted in the code from the license requirement (see B.M.C. sections, 9.04.295 and 9.04.300). Non-profit organizations are granted partial exemptions (see B.M.C. section 9.04.305). Persons who, by reason of physical infirmity, unavoidable misfortune, or unavoidable poverty, may be granted an exemption of one annual free license at the discretion of the Director of Finance. (See B.M.C. sections 9.04.290). Vendor must apply for a City business license and show proof of application to Purchasing Manager within seven days of being selected as intended contractor.
City of Berkeley Specification No. 12-10654-C Page 16 of 27 The Customer Service Division of the Finance Department located at 1947 Center Street, Berkeley, CA 94704, issues business licenses. Contractors should contact this division for questions and/or information on obtaining a City business license, in person, or by calling 510-981-7200. D. Recycled Paper All reports to the City shall be on recycled paper that contains at least 50% recycled product when such paper is available at a cost of not greater than ten percent more than the cost of virgin paper, and when such paper is available at the time it is required. If recycled paper is not available the Contractor shall use white paper. Written reports or studies shall be printed on both sides of the page whenever practical. VIII. SCHEDULE (dates are subject to change) Issue RFP to potential bidders: July 25, 2012 Pre-proposal Conference August 14, 2012 Deadline for questions August 23, 2012 Proposals due from potential bidders September 25, 2012 Complete Selection Process November 14, 2012 Council Approval of Contract January 15, 2013 Award of Contract February 4, 2013 Sign and Process Contract February 18, 2013 Notice to proceed March 1, 2013 Thank you for your interest in working with the City of Berkeley for this service. We look forward to receiving your proposal. Attachments: Check List of Required items for Submittal Non-Discrimination/Workforce Composition Form Nuclear Free Disclosure Form Oppressive States Form Living Wage Form Equal Benefits Certification of Compliance Right to Audit Form Insurance Endorsement Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H
City of Berkeley Specification No. 12-10654-C Page 17 of 27 CHECKLIST ATTACHMENT A Proposal describing service (one original, 5 copies and one electronic version) Contractor Identification and Company Information Client References Costs proposal by task, type of service & personnel Sections A-P properly marked and in order The following forms, completed and signed in blue ink (attached): o Non-Discrimination/Workforce Composition Form Attachment B o Nuclear Free Disclosure Form Attachment C o Oppressive States Form Attachment D o Living Wage Form Attachment E o Equal Benefits Ordinance Certification of Compliance (EBO-1) Attachment F ADDITIONAL SUBMITTALS REQUIRED FROM SELECTED VENDOR AFTER COUNCIL APPROVAL TO AWARD CONTRACT. Provide original-signed in blue ink Evidence of Insurance o o o Auto Liability Worker s Compensation Right to Audit Form Attachment G Commercial General & Automobile Liability Endorsement Form Attachment H Berkeley Business License Disclosure of Historical Commerce in Slavery. Ordinance No. 6855 N.S. Information regarding this Ordinance can be found in the Berkeley Municipal Code, Chapter 13.96. Proposer shall provide a letter of disclosure in conjunction with execution of a contract with the City. For informational purposes only: Sample of Professional Services Contract Exhibit A
City of Berkeley Specification No. 12-10654-C Page 18 of 27 NON-DISCRIMINATION/WORKFORCE COMPOSITION FORM FOR NON-CONSTRUCTION CONTRACTS To assist the City of Berkeley in implementing its Non-Discrimination policy, it is requested that you furnish information regarding your personnel as requested below and return it to the City Department handling your contract: Organization: Address: Business Lic. #: Occupational Category: (See reverse side for explanation of terms) Total Employees White Employees Black Employees Asian Employees Hispanic Employees Other Employees Official/Administrators Professionals Technicians Protective Service Workers Para-Professionals Office/Clerical Skilled Craft Workers Service/Maintenance Other (specify) Totals: Female Male Female Male Female Male Female Male Female Male Female Male Is your business MBE/WBE/DBE certified? Yes No If yes, by what agency? If yes, please specify: Male: Female: Indicate ethnic identifications: Do you have a Non-Discrimination policy? Yes: No: Signed: Date: Verified by: Date: City of Berkeley Contract Compliance Officer Attachment B
City of Berkeley Specification No. 12-10654-C Page 19 of 27 Occupational Categories Officials and Administrators - Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy superintendents, unit supervisors and kindred workers. Professionals - Occupations that require specialized and theoretical knowledge that is usually acquired through college training or through work experience and other training that provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, systems analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, and kindred workers. Technicians - Occupations that require a combination of basic scientific or technical knowledge and manual skill that can be obtained through specialized post-secondary school education or through equivalent on-the-job training. Includes: computer programmers and operators, technical illustrators, highway technicians, technicians (medical, dental, electronic, physical sciences) and kindred workers. Protective Service Workers - Occupations in which workers are entrusted with public safety, security and protection from destructive forces. Includes: police officers, fire fighters, guards, sheriffs, bailiffs, correctional officers, detectives, marshals, harbor patrol officers, and kindred workers. Para-Professionals - Occupations in which workers perform some of the duties of a professional or technician in a supportive role, which usually requires less formal training and/or experience normally required for professional or technical status. Such positions may fall within an identified pattern of a staff development and promotion under a "New Transporters" concept. Includes: library assistants, research assistants, medical aides, child support workers, police auxiliary, welfare service aides, recreation assistants, homemaker aides, home health aides, and kindred workers. Office and Clerical - Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paperwork required in an office. Includes: bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearings reporters, statistical clerks, dispatchers, license distributors, payroll clerks, and kindred workers. Skilled Craft Workers - Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-thejob training and experience or through apprenticeship or other formal training programs. Includes: mechanics and repairpersons, electricians, heavy equipment operators, stationary engineers, skilled machining occupations, carpenters, compositors and typesetters, and kindred workers. Service/Maintenance - Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Workers in this group may operate machinery. Includes: chauffeurs, laundry and dry cleaning operatives, truck drivers, bus drivers, garage laborers, custodial personnel, gardeners and groundskeepers, refuse collectors, and construction laborers.
City of Berkeley Specification No. 12-10654-C Page 20 of 27 CITY OF BERKELEY Nuclear Free Zone Disclosure Form I (we) certify that: 1. I am (we are) fully cognizant of any and all contracts held, products made or otherwise handled by this business entity, and of any such that are anticipated to be entered into, produced or handled for the duration of its contract(s) with the City of Berkeley. (To this end, more than one individual may sign this disclosure form, if a description of which type of contracts each individual is cognizant is attached.) 2. I (we) understand that Section 12.90.070 of the Nuclear Free Berkeley Act (Berkeley Municipal Code Ch. 12.90; Ordinance No. 5784-N.S.) prohibits the City of Berkeley from contracting with any person or business that knowingly engages in work for nuclear weapons. 3. I (we) understand the meaning of the following terms as set forth in Berkeley Municipal Code Section 12.90.130: "Work for nuclear weapons" is any work the purpose of which is the development, testing, production, maintenance or storage of nuclear weapons or the components of nuclear weapons; or any secret or classified research or evaluation of nuclear weapons; or any operation, management or administration of such work. "Nuclear weapon" is any device, the intended explosion of which results from the energy released by reactions involving atomic nuclei, either fission or fusion or both. This definition of nuclear weapons includes the means of transporting, guiding, propelling or triggering the weapon if and only if such means is destroyed or rendered useless in the normal propelling, triggering, or detonation of the weapon. "Component of a nuclear weapon" is any device, radioactive or non-radioactive, the primary intended function of which is to contribute to the operation of a nuclear weapon (or be a part of a nuclear weapon). 4. Neither this business entity nor its parent nor any of its subsidiaries engages in work for nuclear weapons or anticipates entering into such work for the duration of its contract(s) with the City of Berkeley. Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Printed Name: Title: Signature: Date: Business Entity: Contract Description/Specification No: Banking Services / 12-10654-C Attachment C
City of Berkeley Specification No. 12-10654-C Page 21 of 27 CITY OF BERKELEY Oppressive States Compliance Statement The undersigned, an authorized agent of (hereafter "Vendor"), has had an opportunity to review the requirements of Berkeley City Council Resolution No. 59,853-N.S. (hereafter "Resolution"). Vendor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with those Business Entities which maintain business relationships with morally repugnant regimes. Vendor understands the meaning of the following terms used in the Resolution: "Business Entity" means "any individual, firm, partnership, corporation, association or any other commercial organization, including parent-entities and wholly-owned subsidiaries" (to the extent that their operations are related to the purpose of the contract with the City). "Oppressive State" means: Tibet Autonomous Region and the Provinces of Ado, Kham and U-Tsang Personal Services means the performance of any work or labor and shall also include acting as an independent contractor or providing any consulting advice or assistance, or otherwise acting as an agent pursuant to a contractual relationship. Contractor understands that it is not eligible to receive or retain a City contract if at the time the contract is executed, or at any time during the term of the contract it provides Personal Services to: a. The governing regime in any Oppressive State. b. Any business or corporation organized under the authority of the governing regime of any Oppressive State. c. Any person for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State. Vendor further understands and agrees that Vendor's failure to comply with the Resolution shall constitute a default of the contract and the City Manager may terminate the contract and bar Vendor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination. The undersigned is familiar with, or has made a reasonable effort to become familiar with, Vendor's business structure and the geographic extent of its operations. By executing the Statement, Vendor certifies that it complies with the requirements of the Resolution and that if any time during the term of the contract it ceases to comply, Vendor will promptly notify the City Manager in writing. Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Printed Name: Title: Signature: Date: Business Entity: Contract Description/Specification No.: Banking Services / 12-10654-C I am unable to execute this Statement; however, Vendor is exempt under Section VII of the Resolution. I have attached a separate statement explaining the reason(s) Vendor cannot comply and the basis for any requested exemption. Signature: Date: Attachment D
City of Berkeley Specification No. 12-10654-C Page 22 of 27 CITY OF BERKELEY Living Wage Certification for Providers of Services TO BE COMPLETED BY ALL PERSONS OR ENTITIES ENGAGING IN A CONTRACT FOR PERSONAL SERVICES WITH THE CITY OF BERKELEY. The Berkeley Municipal Code Chapter 13.27, Berkeley's Living Wage Ordinance (LWO), provides that contractors who engage in a specified amount of business with the City (except where specifically exempted) under contracts which furnish services to or for the City in any twelve (12) month period of time shall comply with all provisions of this Ordinance. The LWO requires a City contractor to provide City mandated minimum compensation to all eligible employees, as defined in the Ordinance. In order to determine whether this contract is subject to the terms of the LWO, please respond to the questions below. Please note that the LWO applies to those contracts where the contractor has achieved a cumulative dollar contracting amount with the City. Therefore, even if the LWO is inapplicable to this contract, subsequent contracts may be subject to compliance with the LWO. Furthermore, the contract may become subject to the LWO if the status of the Contractor's employees change (i.e. additional employees are hired) so that Contractor falls within the scope of the Ordinance. Section I. 1. IF YOU ARE A FOR-PROFIT BUSINESS, PLEASE ANSWER THE FOLLOWING QUESTIONS a. During the previous twelve (12) months, have you entered into contracts, including the present contract, bid, or proposal, with the City of Berkeley for a cumulative amount of $25,000.00 or more? YES NO If no, this contract is NOT subject to the requirements of the LWO, and you may continue to Section II. If yes, please continue to question 1(b). b. Do you have six (6) or more employees, including part-time and stipend workers? YES NO If you have answered, YES to questions 1(a) and 1(b) this contract IS subject to the LWO. If you responded "NO" to 1(b) this contract IS NOT subject to the LWO. Please continue to Section II. 2. IF YOU ARE A NON-PROFIT BUSINESS, AS DEFINED BY SECTION 501(C) OF THE INTERNAL REVENUE CODE OF 1954, PLEASE ANSWER THE FOLLOWING QUESTIONS. a. During the previous twelve (12) months, have you entered into contracts, including the present contract, bid or proposal, with the City of Berkeley for a cumulative amount of $100,000.00 or more? YES NO If no, this Contract is NOT subject to the requirements of the LWO, and you may continue to Section II. If yes, please continue to question 2(b). b. Do you have six (6) or more employees, including part-time and stipend workers? YES NO If you have answered, YES to questions 2(a) and 2(b) this contract IS subject to the LWO. If you responded "NO" to 2(b) this contract IS NOT subject to the LWO. Please continue to Section II. Section II Please read, complete, and sign the following: THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE. THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE. Attachment E
City of Berkeley Specification No. 12-10654-C Page 23 of 27 The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Berkeley's Living Wage Ordinance, and the applicability of the Living Wage Ordinance, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all of the terms of the Living Wage Ordinance, as mandated in the Berkeley Municipal Code, Chapter 13.27. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the City Manager in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract and the City Manager may terminate the contract and bar Contractor from future contracts with the City for five (5) years from the effective date of the Contract termination. If the contractor is a for-profit business and the LWO is applicable to this contract, the contractor must pay a living wage to all employees who spend 25% or more or their compensated time engaged in work directly related to the contract with the City. If the contractor is a non-profit business and the LWO is applicable to this contract, the contractor must pay a living wage to all employees who spend 50% or more or their compensated time engaged in work directly related to the contract with the City. These statements are made under penalty of perjury under the laws of the state of California. Printed Name: Title: Signature: Date: Business Entity: Contract Description/Specification No: Banking Services / 12-10654-C Section III * * FOR ADMINISTRATIVE USE ONLY -- PLEASE PRINT CLEARLY * * * I have reviewed this Living Wage Certification form, in addition to verifying Contractor's total dollar amount contract commitments with the City in the past twelve (12) months, and determined that this Contract IS / IS NOT (circle one) subject to Berkeley's Living Wage Ordinance. Department Name Department Representative Attachment E Page 2
City of Berkeley Specification No. 12-10654-C Page 24 of 27 To be completed by Contractor/Vendor Form EBO-1 CITY OF BERKELEY CERTIFICATION OF COMPLIANCE WITH EQUAL BENEFITS ORDINANCE If you are a contractor, return this form to the originating department/project manager. If you are a vendor (supplier of goods), return this form to the Purchasing Division of the Finance Dept. SECTION 1. CONTRACTOR/VENDOR INFORMATION Name: Vendor No.: Address: City: State: ZIP: Contact Person: E-mail Address: SECTION 2. COMPLIANCE QUESTIONS Telephone: Fax No.: A. The EBO is inapplicable to this contract because the contractor/vendor has no employees. Yes No (If Yes, proceed to Section 5; if No, continue to the next question.) B. Does your company provide (or make available at the employees expense) any employee benefits? Yes No If Yes, continue to Question C. If No, proceed to Section 5. (The EBO is not applicable to you.) C. Does your company provide (or make available at the employees expense) any benefits to the spouse of an employee?... Yes No D. Does your company provide (or make available at the employees expense) any benefits to the domestic partner of an employee?... Yes No If you answered No to both Questions C and D, proceed to Section 5. (The EBO is not applicable to this contract.) If you answered Yes to both Questions C and D, please continue to Question E. If you answered Yes to Question C and No to Question D, please continue to Section 3. E. Are the benefits that are available to the spouse of an employee identical to the benefits that are available to the domestic partner of the employee?... Yes No If you answered Yes, proceed to Section 4. (You are in compliance with the EBO.) If you answered No, continue to Section 3. SECTION 3. PROVISIONAL COMPLIANCE A. Contractor/vendor is not in compliance with the EBO now but will comply by the following date: By the first effective date after the first open enrollment process following the contract start date, not to exceed two years, if the Contractor submits evidence of taking reasonable measures to comply with the EBO; or At such time that administrative steps can be taken to incorporate nondiscrimination in benefits in the Contractor s infrastructure, not to exceed three months; or Upon expiration of the contractor s current collective bargaining agreement(s).