HomeMy WebLinkAbout1998-12-14 City Council (20)’6City of Palo Alto
City Manager’s Report ............
TO:HONORABLE CITY COUNCIL
.FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:DECEMBER 14, 1998 CMR:448:98
AWARD OF CONTRACT WITH BANK OF AMERICA AND
UNION BANK OF CALIFORNIA FOR BANKING AND
CUSTODIAL SERVICES AND APPROVAL OF RESOLUTION
THAT AUTHORIZES THE DIRECTOR OF ADMINISTRATIVE
SERVICES TO SIGN FORMS AND AG~EMENTS ON
BEHALF OF THE CITY
REPORT IN BRIEF
of California for custodial services. Since a proposal process for these services has not been
conducted since 1987, staff recently requested proposals for these services. Seeking cost-
effective services of a high caliber and the technological capacity to meet current and future
needs, staff interviewed three banks providing banking services and two banks providing
custodial services. After thoroughly analyzing and discussing each proposal, it is staff’s
recommendation to enter into an agreement with Bank of America and Union Bank of
California to continue their provision of excellent and competitively priced services.
CMR:448:98 Page 1 of 6
RECOMMENDATION
Staffrecommends that Council approve the attached resolution authorizing the Director of
Administrative Services to sign forms, agreements, and negotiable instruments with Bank
of America for banking services and with Union Bank of California for custodial or
safekeeping services on behalf of the City of Palo Alto. With Council approval of this
request, staff will execute agreements with these banks to provide respective banking and
custodial services for one year, with the option to renew for an additional two years, through
December 31,2001.
BACKGRO~
The City currently has contracts with Bank of America for banking services and Union Bank
of California for custodial or safekeeping services. Banking services include: maintaining
the City’s various checking accounts, wiring funds for purchases of goods and for deposits
in overnight funds, processing cash and credit card payments, and providing a variety of
reports to enhance cash management. Safekeeping services include: taking custody of
investment securities purchased by the City, paying interest and principal due from securities,
and providing monthly statements which show the book, par and market values of securities
in the City’s portfolio.
In 1995, .Council granted a staff request to negotiate a sole source banking services
agreement with Bank of America for three years, or through December 31, 1998. Staff’s
request for a sole source agreement was based on staffing constraints that p_revented a full
R-eques[ for Proposals (RFP) process. Council approval of a sole source contract was
contingent upon bank charges not exceeding the cost oftheprior contract by more than the
increase in the Bay Area Consumer Price Index (CPI). This requirement was met.
Based on input from the Finance Committee in 1995, and since an RFP for banking services
has not been issued since 1989, staff distributed an RFP for banking and custodial services
in August 1998. The RFP asked for a three-year agreement for services..
DISCUSSION
The City received four banking service proposals, from Union Bank of California, Wells
Fargo, Bank of America, and Bank of the West; and three custodial or security safekeeping
proposals, from Union Bank of California, Wells Pargo, and Bank of New York Western
Trust Company. The City was seeking cost-effective services ofa high caliber and the
technological capacity to meet current and future needs.
Based on these criteria, and after careful examination of the proposals, staff eliminated
proposals from Bank of the West and the New York Western Trust Company, prior to th~
Page 2 of 6
interview process for final candidates. Bank of.the West was dropped as a result of the
location of vault services in the East Bay andbeeauseits~teehnologieal-serviees-werea~ot-as.
comprehensive as its competitors. The New York Western Trust Company proposal was
rejected principally on the basis of cost. To evaluate the remaining proposals, a committee
consisting of staff from the Admires" trative Services Department (Treasury and Accounting
Sections and the Budget Division) was formed to interview finalist banks on their proposals.
Banking Services
The three remaining banking service proposals were competitive in terms of service and
price. The highest cost proposal was submitted by Wells Fargo and the lowest by Union
Bank. On an annual basis, Bank of America’s proposal was lower than Wells Fargo by
$6,400 and higher than Union Bank’s by $3,400. While the City could realize a modest
savings in the first year of an agreement with Union Bank, the following factors affected the
committee’s unanimous recommendation to select Bank of America: .
Bank of America c.harges to the City of Palo Alto are to remain fixed for each year
of the proposed three-year contract, reducing the annual benefit of a contract with
Union Bank to an estimated $2,100 in the second year and around $800 in the third
year (Wells Fargo and Union Bank proposed yearly increases based on CPI).
¯As a result of Bank of America’s large depository market share, the City enjoys a
significant advantage. Approximately 20 percent ofthe City’s current deposits are
Bank of America checks. This means, for example, that_a_ u~ity payment_on_a_Bank_.
............ " b-f-Am~fica-ehec~is Credited to the City’s bank account immediately. This allows the
City to invest cash promptly and earn interest that would otherwise be foregone. This
advantage is estimated to be worth approximately $6,500 annually, and more than
offsetsthe benefits of the lowest proposal. (Wells Fargo’s market share of Palo Alto
transactions is estimated at 14.0 percent, while Union Bank’s is 4.2 percent.)
Bank of America lowered its existing discount rate on credit card transactions from
2.05 percent to 1.87 percent. As the City, and particularly the utilities funds, move
toward increased usage of crediteard payments, a lower discount means higher net
revenues (Union Bank proposed a 2.1 percent rate while Wells Fargo offered a 1.87
percent rate).
A one-time, $2,000 incentive to renew the current.contract was offered by Bank of
America (Wells Fargo offered no incentive while Union Bank offered a $2,500 credit
toward conversion costs).
By maintaining a banking relationship with Bank of America, the City avoids the
costs and potential problems of converting to a new banking system. These costs
CMR:448:98 Page 3 of 6
consist of new check stock, deposit supplies, potential new equipment, delays in
converting or linking to new computer systems, and substantial stafftime devoted to
the conversion process. It is estimated that a minimum .25 FTE would be devoted
to the conversion at an approximate cost of $20,000. While the latter is indeed a fixed
cost, it would divert stafftime from ongoing operations, such as investments.
Requesting banking proposals was a valuable process to undergo. While staff was most
impressed with the credentials and services of respondents, the process confirmed that Bank
of America provides outstanding services at competitive prices. In addition, staff found that
all of the finalist banks were well positioned for increased automated electronic transaction
activity, for transactions via the Internet, and for compliance with Year 2000 requirements.
.Custodial Services
Of the two finalist proposals for security custodial or safekeeping services, staff recommends
Union Bank of California. The City has been receiving excellent service from Union Bank
at a very competitive price. The proposed pricing submitted by Wells Fargo was double
Union Bank’s. Given the City’s strict buy-and-hold philosophy, which results in a minimum
of trading activity, and the relative homogeneity of its investment instruments held by a
custodian (Federal Agency Securities and U. S. Treasury Notes), the City does not require
a complex or costly custodial system. Renewal of the contract with Union Bank, therefore,
is advised.
.............. N_ew B_a3a:k~.. i_n~ Se~ices ...............
To optimize the investment of excess cash, staff proposes using Bank of America’s
automatic, .overnight investment "sweep" facility. At the close of each business day,
collected funds over a pre-specified balance would be swept from the City’s general
checking account and invested overnight in Repurchase Agreements. These investments are
collateralized by government securities and fall within the City’s permitted investments
guidelines. The next business day the amount invested is returned to the City’s account and
the overnight interest is credited to that account. A monthly fee of $100 is charged for this
service.
Currently, staffmust project excess daily cash balances and wire them to one of the City’s
liquid funds. Since it is difficult to precisely project end-of-the-day balances, the City
typically has excess balances that earn no interest. Based on an average excess balance of
around $250,000, staff estimates that from utilizing the automatic sweep, the City can realize
approximately $9,000 annually in additional interest, net of bank charges for the service.
The thirty-day average yield for the sweep account as of September 30, 1998, was 4.08
percent.
CMR:448:98 Page 4 of 6
In addition to the overnightsweep account, staff recommends opening a new Money Market
Investment Fund that complies with the City’s Investment Policy. That fund has slightly .
higher yields than the sweep account, but are still slightly lower than the .City’s existing
money market fund with Fidelity. However, transaction processing fees for moving funds
in and out of the new account are less than the transaction fees charged for moving funds in
and out of Fidelity. Therefore, Fidelity will continue to be used for placing cash for a period
of over 2-3 weeks, for example, while the new money market account will be used only for
investing funds for short periods of time, for example, only 2-5 days.
Approval of Attached Resolution
In order to enter into a new three-year agreement with the Bank of America and Union Bank
of California, staff requests Council approval of the attached resolution. It authorizes the
Director of Administrative Services to sign banking agreements, forms, and negotiable
instruments for the City.
RESOURCE IMPACT
The City’s current general banking service fees are approximately $60,000 a year. With the
addition of the sweep account, charges are expected to average approximately $61,200 per
year. These fees include banking maintenance activity for checking accounts, supplies,
federal deposit insurance, special deposit processing, wiring of funds, reports and other
miscellaneous fees. Banking fees are paid through compensating balances, which means the
City must maintain checking account ba!~ees .at a su_fficie_nt leyel t0_avo~dj~ayingpenalties
arid fees directly, Fees are then deducted from interest earned on the compensating balances.
Through the use of a sweep account, staff expects to realize an additional $9,000 in interest
income by investing checking account balances that exceed the required compensating
balance. In 1998-99, staffhas a budget of $2,000 that will cover any fees not paid through
compensating balances.
The City’s custodial or safekeeping fees have been averaging around $3,000 per year and
cannot, by contract, exceed $5,000 per year. The current fee structure and maximum costs
for custodial services will not change under the new agreement with Union Bank.
In summary, the estimated annual cost for banking and custodial services is $64,000, ¯
POLICY IMPLICATIONS
There are no policy implications related to this request.
CMR:448:98 Page 5 of 6
ENVIRONMENTAL ASSESSMENT
This does not comtitute a project under the California Environmental Quality Act.
Therefore, no environmental assessment is needed.
ATTACHME~S
Attachment A- Resolution of the Council of the City of Palo Alto Authorizing the Director
of Administrative Services to Sign Documents Relating to the Bank Accounts of the City of
Palo Alto; and Rescinding Resolution No. 7561
PREPARED BY: Joe Saccio, Senior Financial Analyst
DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL:~, ~
HARRISON
Assistant City Manager
-- .CC:rda
CMR:448:98 Page 6 Of 6
RESOLUTION" NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE
SERVICES TO SIGN DOCUMENTS RELATING TO THE BANK
ACCOUNTS OF THE CITY OF PALO ALTO; AND RESCINDING
RESOLUTION NO. 7561
WHEREAS, the City of Palo Alto is a chartered municipal
corporation of the State of California and as such has the legal
authority to enter into agreements for banking services;
NOW THEREFORE, the Council of the City of Palo Alto does
hereby RESOLVE as follows:
~. Each of the Banks or financial institutions
designated below (hereinafter referred to as ~Bank" or ~Banks") is
hereby selected and designated as a depository of funds of the City
of Palo Alto and such deposit account or accounts may be
established and maintained by and in the name of the City of Palo
Alto at such office or offices of each Bank-and upon and subject to
such terms and conditions as the City of Palo Alto and the Bank may
agree upon:
Bank of America
Union Bank of California
~. The Director of Administrative Services (also
referred to as~the City_.Treasureri,_.or_.~ny_Dther_person he_mayo.~om
time to time designate by written certification, is hereby
authorized to act on behalf of the City of Palo Alto and to sign
any and all documents relating to the bank accounts and banking
services of the City of Palo A~to
~. All checks, drafts, orders, receipts, and other
instruments drawn, accepted or given by the City of Palo Alto for
payment from any such account or at any such office shall be signed
on behalf of the City of Palo Alto by the Director of
Administrative Services, or his designee.
~. The City Clerk, or any Assistant City Clerk of
the City of Palo Alto is hereby authorized and directed to certify
to the Banks that this resolution has been duly adopted and is in
conformity with the charter and by-laws or other governing
instrument of the City of Palo Alto and further to certify to each
Bank a copy of this resolution, and the name and specimen signature
of the present Director of Administrative Services, and the fact of
any change of said Director of Administrative Services, together
with the name and specimen signature of the successor.
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~T~_~. This resolution and each such certification
shall remain in full force and effect, and each Bank is authorized
and requested to rely and act thereon and shall be indemnified and
saved harmless from all liability and loss incurred by it
continuing to act in pursuance~of this resolution (even though it
may have been changed) until it shall ~eceive at its office, or
offices if more than one, to which a certified copy of this
resolution is delivered, a certified copy of a further resolution
of the City Council amending or rescinding this resolution; and the
Banks are authorized to honor any instrument and agreement signed
by any new person in respect of whom it has received any new
certification as successor with the same force and effect as if
said new person were named in this resolution.
Resolution No. 7561 is hereby rescinded.
SECTION 7. The City Council finds that this action does
not constitute a project under the California Environmental Quality
Act.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Administrative
Services
2
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