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2024-29 BMO Bank (formerly Bank of the West) - Banking & Merchant Services Amend 1MEMORANDUM DATE: September 14, 2024 TO: Jon McMillen, City Manager FROM: Claudia Martinez, Finance Director Cv "&a CALIFORNIA - RE: BMO Bank, N.A (formerly Bank of the West) - Banking and Merchant Services Please list the Contracting Party / Vendor Name, any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: ❑✓ Approved by City Council on August 6, 2024 - Consent Item No. 9 ❑ City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. ❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. ❑ Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must anal Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids .❑ Sole Source ❑ Select Source F Cooperative Procurement Requesting department shall check and attach the items below as appropriate: ❑ Agreement payment will be charged to Account No.: N/A ❑ Agreement term: Start Date June 5, 2024 ❑ Amount of Agreement, Amendment, Change Order, etc. End Date $ N/A June 5, 2029 REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! NOTE: Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Oscar Mojica Date: 9/18/2024 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. Expires: Requisition for a Purchase Order has been prepared (Agreements over $5,000) AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH BMO BANK, N.A. (FORMERLY BANK OF THE WEST) This Amendment No. 1 ("Amendment No. 1") to Agreement for Contract Services ("Agreement") is made and entered into as of the 5t" day of June, 2024, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and BMO Bank, N.A. ("Consultant"). RECITALS WHEREAS, on or about June 4, 2019, the City and BMO Bank, N.A. (formerly Bank of the West) entered into an Agreement to provide services related to banking and merchant services. The term of the Agreement expires on June 4t", 2024 ("Initial Term"); and WHEREAS, City and Contracting Party have mutually agreed to amend Section 3.4 Term of the Agreement to extend the term for five additional years from June 5, 2024 through June 5, 2029; and WHEREAS, City and Contracting Party mutually agree to amend Section 2.1 - Contract Sum as detailed in Exhibit B of this Amendment No. 1. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 2.1 Contract Sum — shall be amended as detailed in revised Exhibit B of this Amendment No. 1. 2. Section 3.4 Term shall be amended to read as follows: 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on June 4, 2019, and terminate on June 4, 2024 ("Initial Term"). This Agreement is being extended effective June 5, 2024, and shall terminate on June 5, 2029 ("Extended Term"). In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA CONSULTANT: a California municipal corporation ,-�INMcMILLEN, City Manager City of La Quinta, California Dated: O� 11-T 17--o-z-4 ATTEST: MONIKA RADEVA, City Jerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California BMO Bank, N.A. /-/Ov.TB 0,12441k_ Tito Ibarrola, Director, Senior Government Relationship Manager Dated: 9/4/2024 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services provided for in Section 2.3 of this Agreement, the Contracting Party shall be compensated in accordance with the attached Exhibit B. Account Name Model Name Model Billing Cycle Currency CITY OF LA QUINTA CITY OF LA QUINTA May, 2024 USD Collected Balance Disclosure Ledger -Float = Collected Positive Collected Negative Collected Investable Balance Disclosure Average Positive Collected Balance - Reserve requirement = Investable Balance Required Balance Disclosure Balance Required For Services = Total Required Balance Balance Position Disclosure Balance Position Basis - Total Required Balance = Balance Available for Other Service EXHIBIT B Schedule of Compensation Proposed Earnings Credit Amount 3,790.33 - Analyzed fees 1,073.56 Net Analyzed Result 2,716.77 Net analyzed credit of 2,716.77 will be waived. $1.00 of fees is equal to 674.65 of Investable Balance. Investable Balance receives a proposed earnings credit of 1.750000%. Account Number Model Analysis Date BMO Q XXXXXX1851 6/10/2024 2,613,966.50 56, 806.60 2,557,159.90 2,557,159.90 0.00 2,557,159.90 0.00 2,557,159.90 724, 277.25 724,277.25 2,557,159.90 724,277.25 1,832,882.65 Page 1 of 6 Account Name CITY OF LA QUINTA Account Number XXXXXX1851 Model Name CITY OF LA QUINTA Model Analysis Date 6/10/2024 Model Billing Cycle May, 2024 Currency USD Services Performed Proposed Proposed Proposed Volume Price Total Fee DEPOSITORY SERVICES GENERAL ACCOUNT SERVICES GENERAL SERVICES CORPORATE ACCOUNT MAINTENANCE 4 10.0000 40.00 ITEMS DEPOSITED 20 0.0500 1.00 OTHER CORPORATE CREDITS 1 0.3500 0.35 CORPORATE DEPOSIT 16 1.2000 19.20 ON US DEPOSIT ITEMS 0 0.0500 0.00 CHECKS DEPOSITED NOT ON US 0 0.0500 0.00 CHECK REJECTS 11 0.5500 6.05 Subtotal - GENERAL SERVICES 66.60 CORPORATE MONEYACCOUNTS ITEMS DEPOSITED-MMDA-CORP 0 0.0500 0.00 Subtotal - CORPORATE MONEY MARKET 0.00 ACCOUNTS DISBURSEMENT SERVICES REG CHECKING ACCT CHECK DEBIT 237 0.0700 16.59 NON -CHECK DEBITS 0 0.2000 0.00 DEPOSIT ADJUSTMENT DR 0 5.0000 0.00 Subtotal - DISBURSEMENT SERVICES BUSINESS NOW 16.59 • ITEMS DEPOSITED -CORP NOW 0 0.0500 0.00 Subtotal - BUSINESS NOW ACCOUNTS 0.00 ANCILLARY SERVICES ACH CREDIT 0 0.0800 0.00 ACH DEBIT 0 0.0800 0.00 Subtotal - ANCILLARY SERVICES MISCELLANEOUS 0.00 SERVICES ACCOUNT ANALYSIS -PAPER STMT 1 0.0000 0.00 REG CHECKING -PAPER STMT 1 0.0000 0.00 E -ANALYSIS STMT # OF ACCESSES 4 0.0000 0.00 BALANCE ADMIN FEE 2,614,000 0.1000 261.40 Subtotal - MISCELLANEOUS SERVICES 261.40 STOP PAYMENT SERVICES AUTOMATED STOPS ONLINE 60 MTH AUTO STOP PAYMENT 0 30.0000 0.00 Subtotal - AUTOMATED STOPS ONLINE 0.00 RETURN ITEMS COLLECTIONS PROCESSINGGENERAL RETURN ITEMS CHARGED BACK 1 10.0000 10.00 Subtotal - GENERAL PROCESSING 10.00 EXCEPTION• RETURN IMAGES RETRIEVED 2 2.5000 5.00 Subtotal - EXCEPTION PROCESSING 5.00 MISCELLANEOUS SERVICES CHECKS PAID NON -CUSTOMER 0 6.0000 0.00 Page 2 of 6 Account Name CITY OF LA QUINTA Account Number XXXXXX1851 Model Name CITY OF LA QUINTA Model Analysis Date 6/10/2024 Model Billing Cycle May, 2024 Currency USD Services Performed Proposed Proposed Proposed Volume Price Total Fee Subtotal - MISCELLANEOUS SERVICES 0.00 TREASURY MANAGEMENT SERVICES ACCOUNT RECONCILEMENT RECONCILEMENT PLANS FULL RECON MAINTENANCE 1 35.0000 35.00 FULL RECON PER ITEM 234 0.0000 0.00 AUTOMATED VOIDS/ ADDS 1 0.1500 0.15 Subtotal - RECONCILEMENT PLANS 35.15 POSITIVE PAY E-MAIL ALERTS 2 0.0000 0.00 POSITIVE PAY MAINTENANCE 2 50.0000 100.00 CHK ISSUANCE FILE TRANSMISSION 5 0.0000 0.00 POSITIVE PAY PLAN 234 0.0600 14.04 MISMATCH POSITIVE PAY AUTO 1 2.5000 2.50 POSITIVE PAYEE MONTHLY MAINT 1 0.0000 0.00 POSITIVE PAY -PAYEE PER ITEM 234 0.0300 7.02 Subtotal - POSITIVE PAY 116.54 RECONCILEMENTFULL ACCOUNT VOID/CANCEL 0 0.0600 0.00 OUTPUT FILE TRANSMISSION 0 75.0000 0.00 INPUT ISSUE ELECTRONIC 0 0.0600 0.00 BASE FEE 0 35.0000 0.00 Subtotal - FULL ACCOUNT RECONCILEMENT 0.00 POSITIVE PAY PAYEE POSITIVE PAY - PAID ITEM 0 0.0300 0.00 PAYEE BASE FEE 0 55.0000 0.00 EXCEPTION ITEMS 0 0.7500 0.00 CHECK RETURN 0 3.0000 0.00 Subtotal - POSITIVE PAY 0.00 DISBURSEMENT IMAGING INDEX RETRIEVALS 57 0.0000 0.00 DEPOSITED IMAGES -RETRIEVED 1 1.0000 1.00 CHECK VOLUME -INQUIRY ONLY 3 0.0550 0.17 INQUIRY IMAGES RETRIEVED 6 0.0550 0.33 Subtotal - DISBURSEMENT IMAGING 1.50 ZERO BALANCE ACCOUNTS AUTOMATIC TRANSFER ACCT 1 8.0000 8.00 AUTOMATIC DEBIT 22 0.0000 0.00 AUTOMATIC CREDIT 22 0.0000 0.00 Subtotal - ZERO BALANCE ACCOUNTS 8.00 REMOTE DEPOSIT CAPTURE REMOTE DEP-DEPOSIT 20 0.6500 13.00 REMOTE DEP-DEPOSIT 15 0.6500 9.75 REMOTE DEP-DEPOSIT 35 22.75 REMOTE DEP-CHECK ITEMS 100 0.0400 4.00 REMOTE DEP-CHECK ITEMS 110 0.0400 4.40 REMOTE DEP-CHECK ITEMS 210 8.40 PREMIER MAINTENANCE 1 45.0000 45.00 Page 3 of 6 + 00 Account Name CITY OF LA QUINTA Account Number 0.0800 XXXXXX1851 Model Name CITY OF LA QUINTA Model Analysis Date 0.0800 6/10/2024 Model Billing Cycle May, 2024 1 1.2500 1.25 Currency USD 3 25.0000 75.00 Services Performed Proposed Proposed Proposed NOC CORRECTION Volume Price Total Fee PREMIER ADDITIONAL ACCT MAINTENANCE 2 8.0000 16.00 Subtotal - REMOTE DEPOSIT CAPTURE 92.15 COMMERCIAL VAULT SERVICES ONLINE ACH ITEMS 9 0.0800 VAULT CHECK DEPOSIT 0 1.1000 0.00 Subtotal - COMMERCIAL VAULT SERVICES ONLINE ACH MAINTENANCE 1 0.00 CURRENCY/COINDEPOSITED CASH VAULT DEPOSITS - CV2 0 1.1000 0.00 CURRENCY DEP - STD (PER $100) - CV2 252 0.1500 37.80 Subtotal - CURRENCY/COIN DEPOSITED ONLINE ACH ITEMS EL 37.80 COIN & CURRENCY SERVICE -BRANCH Subtotal - ONLINE BANKING FOR BUSINESS NON -STD STRAP ORDERED 4 0.0900 0.36 BASE ORDER FEE -BRANCH 1 4.0000 4.00 Subtotal - COIN & CURRENCY ... Subtotal - ORIGINATION- ---I 4.36 SWEEP SERVICES MONEY MARKET INVESTMENT SWEEP 0 100.0000 0.00 Subtotal - SWEEP SERVICES 0.00' CORP SWEEP-INVESCO/ AIM FUNDS 1 135.0000 135.00 'ubto' POR," 135.001 AUTOMATED CLEARING HOUSE SERVICES ELECTRONIC (ACH) CREDITS 0 0.0800 0.00 ELECTRONIC (ACH) DEBITS 0 0.0800 0.00 DEBIT FILTER RECURRING 0 0.7500 0.00 ACH POS PAY COMPANY MONTHLY MAINTEN 0 20.0000 0.00 ACH POS PAY - PER EXCEPTION REPORTE 0 1.2500 0.00 Subtotal -AUTOMATED CLEARING HOUSE =111 SERVICES ACH DEBIT RECEIVED 47 0.0800 3.76 ACH CREDIT RECEIVED 246 0.0800 19.68 EPA -EXCEPTION ITEMS 1 1.2500 1.25 ACH FRAUD CONTROL MAINTENANCE 3 25.0000 75.00 ACH ORIGINATION 14 0.0000 0.00 NOC CORRECTION 2 0.0000 0.00 PREFUNDING MAINTENANCE 4 0.0000 0.00 Subtotal - GENERAL SERVICES 99.69 ONLINE ACH ITEMS 9 0.0800 0.72 ONLINE ACH REPORTS 4 0.2600 1.04 ONLINE ACH MAINTENANCE 1 18.0000 18.00 ONLINE ACH MAINTENANCE 3 0.0000 0.00 ONLINE ACH MAINTENANCE 4 18.00 ONLINE ACH ITEMS 250 0.0800 20.00 Subtotal - ONLINE BANKING FOR BUSINESS 39.76 ORIGINATION ACH PPD CREDIT PRE -NOTES 1 0.0300 0.03 Subtotal - ORIGINATION- ---I 0.03 JNCLN I KA I WN MOL Page 4 of 6 Account Name Model Name Model Billing Cycle Currency CITY OF LA QUINTA CITY OF LA QUINTA May, 2024 USD Account Number Model Analysis Date XXXXXX1851 6/10/2024 Services Performed Proposed Proposed Proposed Volume Price Total Fee CONCENTRATION CREDIT PRENOTES 1 0.0300 0.03 Subtotal - CONCENTRATION MODULE 0.03 ELECTRONIC DATA INTERCHANGE COLLECTIONS EDI EDI/EFT CREDITS RCVD - CCD+ 32 0.0800 2.56 EDI/EFT CREDITS RECEIVED - CTX 5 0.0800 0.40 Subtotal - EDI COLLECTIONS 2.96 DOMESTIC WIRE TRANSFER INCOMING FED WIRE TRANSFER CREDITS 1 0.0000 0.00 DOMESTIC WIRES CREDITS 1 8.0000 8.00 Subtotal - INCOMING FED 8.00 OUTGOING ONLINE DOMESTIC WIRE 1 8.0000 8.00 ONLINE DOMESTIC WIRE 3 8.0000 24.00 ONLINE DOMESTIC WIRE 4 32.00 WIRE TRANSFER DEBITS 4 0.0000 0.00 FED WIRE ABA REPAIR 1 40.0000 40.00 Subtotal - OUTGOING FED INTERNAL WIRE CREDIT ( ONLINE/ EDI) 0 8.0000 0.00 Subtotal - INTERNAL WIRE TRANSFERS INTERNATIONAL WIRE TRANSFER INTERNATIONAL• INTERNATIONAL WIRES CREDITS 0 8.0000 0.00 Subtotal - INTERNATIONAL WIRE -INCOMING I INTERNATIONAL PRODUCT SERVICES GENERAL SERVICES CANADIAN CHECKS - USD 1 3.0000 3.00 Subtotal - GENERAL SERVICES ONLINE BANKING FOR BUSINESS BALANCE REPORTING ONLINE USER FEE 9 0.0000 0.00 PREVIOUS DAY DR/CR ITEMS 760 0.0000 0.00 SAME DAY DR/CR ITEMS 683 0.0000 0.00 Subtotal - BALANCE REPORTING �LISINESS NKIhN BALANCE REPORTING MAINT 1 20.0000 20.00 ACCOUNTS REPORTED 4 12.5000 50.00 ONLINE ACCOUNTS -SAME DAY 1 70.0000 70.00 ONLINE ACCOUNTS -SAME DAY 3 45.0000 135.00 ONLINE ACCOUNTS -SAME DAY 4 0.00 ubtotal - BUSINESS BANKINC 50.00 BALANCE REPORTING ARCHIVE -2 YEAR 1 0.0000 0.00 BAL REPORTING PER TEMPLATE 9 0.0000 0.00 CSV DOWNLOADS 1 0.0000 0.00 Page 5 of 6 Account Name CITY OF LA QUINTA Account Number XXXXXX1851 Model Name CITY OF LA QUINTA Model Analysis Date 6/10/2024 Model Billing Cycle May, 2024 Currency USD Services Performed CSV DOWNLOADED TRANSACTIONS Subtotal - CORPORATE RECEIVABLES MGMT-ZERO BALANCING ZBA CONCENTRATION ACCOUNT FEE ZBA TIER ACCOUNT FEE Subtotal - RECEIVABLES MGMT-ZERO BALANCING TREASURYNOW PORTAL ACCESS FEE Subtotal - TREASURYNOW INFO REPORTING Proposed Volume 790 1 0 0 Proposed Price 0.0000 8.0000 8.0000 Bundle Def Proposed Total Fee 0.00 0.00 8.00 0.00 8.00 0.00 0.00 IMAGES VIEWED 0 0.0550 0.00 CURRDAY MONTHLY ACCT FEE 0 Bundle Def 0.00 ANALYSIS STATEMENT 0 0.3500 0.00 DEPOSIT STATEMENT 0 0.3500 0.00 ACH SPECIAL REPORTS 0 0.3500 0.00 ARP SPECIAL REPORTS 0 0.3500 0.00 Subtotal - INFO REPORTING 0.00 IMAGE EXPRESS SERVICES CD PRODUCED - PER CD 0 12.0000 0.00 IMAGES WRITTEN TO CD 0 0.0300 0.00 ONLINE MAINTENANCE 0 40.0000 0.00 Subtotal - IMAGE EXPRESS SERVICES 0.00 WIRE TRANSFER SERVICES INCOMING WIRE - AUTO 0 8.0000 0.00 INCOMING WIRE - MANUAL 0 8.0000 0.00 Subtotal - WIRE TRANSFER SERVICES 0.00 CHECK DEPOSITED NON ENCODED NON -ENCODED ON US 0 0.0500 0.00 NON -ENCODED / FOREIGN ITEMS 0 3.0000 0.00 NON -ENCODED LOCAL AND NON -LOCAL 0 0.0500 0.00 Subtotal - CHECK DEPOSITED NON ENCODED 0.00 Total Analyzed 1,073.56 Total Waived 232.02 Grand Total this Cycle 1,073.56 Page 6 of 6 City of La Qu i nta CONSENT CALENDAR ITEM NO.9 CITY COUNCIL MEETING' August 6, 2024 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH BMO BANK, N.A. FOR BANKING AND MERCHANT SERVICES RECOMMENDATION Approve Amendment No. 1 to Agreement for Contract Services with BMO Bank, N.A. for Banking and Merchant Services; and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY • The City contracts with BMO Bank, N.A. (BMO) for banking and merchant services. • Amendment No. 1 (Amendment 1), included as Attachment 1, proposes to extend the term of the agreement for five additional years through fiscal year (FY) 2028/29. FISCAL IMPACT Based on current service levels, the monthly banking fees are estimated to be $1,074 and are anticipated to be covered by a deposit balance earning a credit rate of 1.75%. Prices are based on per-unit charges and are set for the five-year term of the contract (Exhibit B of Attachment 2). These prices have increased due to market pricing but have been offset by an increased earnings credit rate (ECR). BACKGROUND/ANALYSIS Following a request for proposals (RFP) in 2019, the City contracted with BMO (formerly Bank of the West) for banking and merchant services. The contract expired on June 4, 2024, and facilitates various financial transactions, including deposits, disbursements, merchant processing, and other essential banking services. BMO has demonstrated high performance in the following areas: • Service Reliability: Consistent and dependable banking operations without significant downtime. • Security: Robust security measures to protect City funds and sensitive financial information. • Cost Efficiency: Competitive pricing structure with minimal fees, resulting in cost savings for the City. • Customer Service: Responsive and helpful support staff address City inquiries and issues promptly. 179 BMO has consistently met or exceeded the service level agreements outlined in the contract. BMO has a robust online platform, and the City has added new services such as a Corporate Sweep Account, which has helped the City take advantage of short-term investment opportunities while maintaining sufficient liquidity for daily operations. Given the satisfactory performance of BMO, the cost-effective nature of the existing contract, and the benefits of continuity in service, staff recommends Council approve the proposed Amendment 1 extending the term for five years. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Amendment No. 1 to Agreement for Contract Services 180