HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-1311
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Temp. Reso. #11455
September 4, 2008
Revision#1- September 11, 2008
Page 1
CITY OF TAMARAC
RESOLUTION NO. R-2008-131
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA DESIGNATING TD BANK, N.A.
D/B/A COMMERCE BANK AS THE CITY DEPOSITORY AND
PROVIDER OF BANKING SERVICES; AND EXECUTING AN
AGREEMENT FOR A PERIOD OF FIVE (5) YEARS, WITH AN
OPTION TO RENEW THE AGREEMENT FOR ONE (1)
ADDITIONAL TWO (2) YEAR PERIOD; PROVIDING FOR
CONFLICTS; DIRECTING CITY ADMINISTRATION TO
NEGOTIATE A CONTRACT WITH TD BANK, N.A. D/B/A
COMMERCE BANK IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THE CITY'S REQUEST FOR
PROPOSAL; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NEGOTIATED CONTRACT; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, The City Charter, Section 7.08(a) stipulates that the City Commission of
the City of Tamarac shall designate the City's depository; and
WHEREAS, in addition to naming a City Depository, it is necessary to contract with
a financial institution to provide the City with various Banking Services, including depository
services, custodial services and account maintenance services; and
WHEREAS, the City formally advertised and competitively solicited Request for
Proposal #08-14R for Banking Services ("RFP"), which closed on July 9, 2008, (a copy of
said request for proposal document is on file in the City Clerk's Office); and
WHEREAS, as a result of the Request for Proposal, four (4) responses were
received from the following firms:
Bank of America
Temp. Reso. #11455
September 4, 2008
Revision#1- September 11, 2008
Page 2
TD Bank, N.A. d/b/a Commerce Bank
Sun Trust Bank
Wachovia Bank, N.A.; and
WHEREAS, an Evaluation Committee comprised of five (5) members including the
Director of Financial Services, the Financial Services Controller, the Parks & Recreation
Community Services Manager, the Financial Services Accounting Supervisor and the
Financial Services Customer Services Supervisor, as facilitated by the Financial Services
Senior Procurement Specialist evaluated all proposals, and determined that the response
from Wachovia Bank, N.A., provided the best overall value to the City (a copy of the
Wachovia response is on file in the City Clerk's Office, and the evaluation ranking is
attached hereto as Exhibit I"); and
WHEREAS, the Evaluation Committee, the Director of Financial Services and the
Purchasing & Contracts Manager recommend designating Wachovia Bank, N.A., as the
City's Depository and Banking Services contractor; and
WHEREAS, at its August 27, 2008 City Commission meeting, the Commission voted
to defer the award of the RFP until such time as the City Commission interviewed each of
the top two proposers: Wachovia Bank, N.A. and TD Bank, N.A. d/b/a Commerce Bank;
and
WHEREAS, the City Commission interviewed the top two proposers at a Special
Commission Workshop held on September 8, 2008; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to designate TD
Bank, N.A. d/b/a Commerce Bank as the City's depository and Banking Services
Temp. Reso. #11455
September 4, 2008
Revision#1- September 11, 2008
Page 3
contractor and to authorize the appropriate city officials to negotiate and execute an
Agreement attached hereto as Exhibit "2" for a period of five (5) years, with an option to
renew the Agreement for one (1) additional two (2) year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing WHEREAS clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this resolution.
Section 2: The City Commission of the City of Tamarac hereby awards Request for
Proposal 08-14R and designates TD Bank, N.A. d/b/a Commerce Bank, as the City
Depository and Banking Services contractor and further authorize the appropriate city
officials to negotiate an Agreement with TD Bank, N.A. d/b/a Comm�rce Bank for a period
of five (5) years, with an option to renew the agreement for one (1) additional two (2) year
period attached herein as Exhibit "2".
Section 3: The City Manager is hereby authorized to execute the negotiated
Agreement with TD Bank, N.A. d/b/a Commerce Bank.
Section 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
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Temp. Reso. #11455
September 4, 2008
Revision#1- September 11, 2008
Page 4
Section 6: This Resolution shall become effective immediately upon its
adoption.
i
PASSED, ADOPTED AND APPROVED this day cL of , 2008
ATTEST:
MARION SWEN ON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
RECORD OF COMMISSION VOT
MAYOR FLANSBAUM-TALA81SC0 1
DIST 1: COMM PORTNER—
DIST 2: COMM ATKINS-GRAD'
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
•
1
1
8/20/2008
BANKING SERVICES
Committee Evaluation Totals
TR11455 EXHIBIT 1
RFP 08.14R
Proposer's Name:
BOA
Wachovia
Commerce
sunTrust
No Conflict of Interest
Adhered to the Instructions
Z=WMIT50-
POINTS)
ACTING CONTROLLER
40
45
50
35
DIRECTOR, FINANCE
40
45
50
35
COMMUNITY SERVICE MGR
40
45
50
35
ACCOUNTANT
40
45
50
35
CUSTOMER SERVICI E SUPERVISOR
50
QUALITY OF RESPONSE
(30 POINTS)
ACTING CONTROLLER
20
26
27
20
DIRECTOR, FINANCE
25
26
25
25
COMMUNITY SERVICE MGR
22
28
26
22
ACCOUNTANT
25
30
25
25
CUSTOMER SERVICI E SUPERVISOR
25
25
PRIOR EXPERIENCE OF CONTRACTOR (15 POINTS)
ACTING CONTROLLER
14
15
10
13
DIRECTOR, FINANCE
12
15
13
12
COMMUNITY SERVICE MGR
13
15
10
12
ACCOUNTANT
15
15
5
15
CUSTOMER SERVICI E SUPERVISOR
15
OTHER FINANCIAL SERVICES
AVAILABLE FROM BANK POINTS)
ACTING CONTROLLER
4
4
4
4
DIRECTOR, FINANCE
3
4
3
3
COMMUNITY SERVICE MGR
3
3
3
2
ACCOUNTANT
5
5
2
5
CUSTOMER SERVICI E SUPERVISOR
TOTAL
POINTS
ACTING CONTROLLER
78
90
91
72
0
DIRECTOR, FINANCE
80
90
91
75
0
COMMUNITY SERVICE MGR
78
91
89
71
0
ACCOUNTANT
85
95
82
80
0
CUSTOMER SERVICI E SUPERVISOR
406
461
438
378
0
TOTAL
RANKING
ACTING CONTROLLER
3
2
1
4
DIRECTOR, FINANCE
3
2
1
4
COMMUNITY SERVICE MGR
3
1
2
4
ACCOUNTANT
2
1
3
4
CUSTOMER SERVICI E SUPERVISOR
3
1
2
4
Udrive/2006 Bids/06-04R/EVALUATION TOTAL WORKSHEET.xls
City of Tamarac
AGREEMENT
=31 V144 ►s-ra12111540-eg+7 ;a f_\►'i /_1:7_T93
AND
TD BANK, N.A. D/B/A COMMERCE BANK
THIS AGREEMENT is made and entered into this 11*'day of
& Contracts Division
, 2008, by and between the City of Tamarac, a municipal corporation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City")
and TD Bank, N.A., a national association d/b/a "Commerce Bank", with principal
offices located at Two Portland Square, Portland, ME 04112 (the "Contractor") to
provide for Banking Services for the City of Tamarac.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Document No. 08-14R,
Request for Proposal for Banking Services as issued by the City of Tamarac, including
all conditions therein, (including any General Terms and Conditions, Supplementary
Conditions, Statement of Work or any other provisions contained within the document),
any and all addenda, Proposal executed and submitted by Contractor, along with
revised proposal pricing dated September 9, 2008, and insurance certificate(s)
(excluding the "Custody Agreement" in Section 6 of Contractor's original proposal
response, and excluding Section 9 of the "Master Agreement for Banking Services" of
Contractor's original proposal response), the City Resolution awarding the project, and
all modifications issued after execution of this Agreement. These documents form the
Agreement, and all are as fully a part of the Agreement as if attached to this Agreement
or repeated therein. In the event of a conflict between this document and any other
contract documents, this Agreement shall prevail, followed in precedence by the
Request for Proposal for Banking Services as issued by the City of Tamarac, followed
by the revised proposal pricing dated September 9, 2008 and followed by the original
proposal response dated July 9, 2008.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to provide Banking Services for the City of Tamarac.
2.1.2 Contractor shall provide Banking Services for the City of Tamarac
in accordance with the Contracts Documents contained herein.
City of rarmarac Purchasing & Contracts DIVISIOn
2.1.3 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or sub -Contractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid or proposal
document or as required by the City's Risk and Safety Manager before
beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Contract Term
The work to be performed under this Agreement shall be commenced after City
execution of this Agreement. The term of the Agreement shall be for a five (5) year
period, with the option to renew the Agreement for one (1) additional (2) two-year
period, subject to a performance review conducted by the City, and the determination
that the work performed has been satisfactory to the City.
5) Contract Pricing
The Contract pricing shall be in accordance with the pricing shown in RFP
submittal superseded in part by revised Proposal pricing dated September 9, 2008,
which is included herein as a Contract Document.
6) Payments
The City shall pay the Contractor on a monthly basis, upon receipt of a properly
executed invoice document. All payments shall be governed by the Local
Government Prompt Payment Act, F.S., Part VI I, Chapter 218.
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City of Tamarac Purchasing & Contracts Division
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Contractor shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, their agents,
elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), costs arising out of any
actual or alleged: a). Bodily injury, sickness, disease or death, or injury to
or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or
claimed to have resulted in whole or in part from any actual or alleged act
or omission of the Contractor, any sub -Contractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them
may be liable in the performance of the Work; or b), violation of law,
statute, ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by Contractor in the performance of the Work;
or c). liens, claims or actions made by the Contractor or any sub -
Contractor under workers compensation acts; disability benefit acts, other
employee benefit acts or any statutory bar. Any cost of expenses,
including attorney's fees, incurred by the City to enforce this agreement
shall be borne by the Contractor.
7.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any
reason, the terms and conditions of this Article shall survive indefinitely.
7.3. The Contractor shall pay all claims, losses, liens, settlements or judgments
of any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
7.4. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
8) Non -Discrimination & Equal Opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, sexual orientation, or disability if qualified. Contractor will
take affirmative action to ensure that employees are treated during employment, without
regard to their race, color, sex, religion, age, national origin, marital status, sexual
orientation, or disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion; demotion or transfer; recruitment or recruitment
City of Tamarac Purchasing & Contracts Division
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
9) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that Contractor is an independent contractor under
this Agreement and not the City's employee for any purposes, including but not limited
to, application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, Social Security Act, Federal Unemployment Tax
Act, the provisions of Internal Revenue Code, State Worker's Compensation Act, and
State Unemployment Insurance law. Contractor shall retain sole and absolute discretion
in the judgment of the manner and means of carrying out Contractor's activities and
responsibilities hereunder provided, further that administrative procedures applicable to
services rendered under this Agreement shall be those of Contractor, which policies of
Contractor shall not conflict with City, State, or United States policies, rules or
regulations relating to the use of Contractor's funds provided for herein. Contractor
agrees that it is a separate and independent enterprise from City, that it had full
opportunity to find other business, that it has made its own investment in its business,
and that it will utilize a high level of skill necessary to perform the work. This Agreement
shall not be construed as creating any joint employment relationship between
Contractor and City and City will not be liable for any obligation incurred by Contractor,
including but not limited to unpaid minimum wages and/or overtime premiums.
10) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City, which consent shall not be
unreasonably withheld. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city. Acquisition of Contractor by
a third party shall not be deemed an assignment.
11) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
4
City of Tamarac Purchasing & Contracts Division
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
TD Bank, NA d/b/a Commerce Bank
5900 North Andrews Avenue
Ft. Lauderdale, FL 33309
ATTN: Scott D. Kreiger, Vice President
(954) 233-2037
(954) 233-2060 (fax)
12) Termination
12.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the City
to the Contractor for such termination in which event the Contractor shall
be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that the
Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this
termination.
12.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
13) Uncontrollable Forces
13.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
City of Tarnarac Purchasing & Contacts Division
.................... .._. __.. .___,,.,...,,..., ...,........_.......... _........------
13.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
14) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of
this Agreement, and is subject to termination based on lack of funding.
15) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
16) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
17) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions
hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non -enforcement of any provision by either party shall not
constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are
merged herein. This Agreement can be supplemented and/or amended only by
a written document executed by both the Contractor and the City.
19) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
of Tamarac Purchasing & Contracts Division
from the negotiation process in which each party was represented by counsel
and contributed to the drafting of this Agreement. Given this fact, no legal or
other presumptions against the party drafting this Agreement concerning its
construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a
presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
Remainder of Page Intentionally Blank
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Cay o` irruna!a,: Puir,hasing & Contracts Division
_........ ...... _.._...-- -- .. .............. - -- - -......... .... ......
___...
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its Vice
President, duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk -
CITY OF TAMARAC
Beth Flansbaum-Talabisco, Mayor
/0/a 310 9
Date
Jeffrey L. iller, City Manages
Date:
/0 / z I/Os-'
c Ap ro ed as to for and legal sufficiency:
Date
anyll) /D 6 ik
CKj Attorn y
ATTEST:
/,(Corporate Secretary)
Type/Print Name of Corporate Secy.
TD Bank, NA n.
,)Comp ny Name
ignature
Scott D. Kreiger
Type/Print Name of Vice President
—OcLa6e-r 17_ zaaa
(CORPORATE SEAL) Date
M -A
of Tamarac Pu chasiog & Contracts Division
.. ..... .... ...... __... ._.._...__._..... - —-----------........._._........__._.._.-_._.__...._ ----
CORPORATE ACKNOWLEDGEMENT
STATE OF r1QF-1 b P
:SS
COUNTY OF&OW.- f9 L :
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Scott D. Kreiger, Vice President, of TD Bank, N.A., a National Banking Association, to
me known to be the person(s) described in and who executed the foregoing instrument
and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of ( � ®�f � i'% LO.
SPRY P</8,� WENDE LITTERIO Igna ure of Notary Public
Notary Public - State of Florida State of Florida at Large
shy My Commission Expires Apr 22, 2009
'•. of N" Commission * DD 386070
Print, Type or Stamp
Name of Notary Public
19( Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
[� DID NOT take an
oath.
J1.
SUPPLEMENTAL CERTIFICATION
All of the information supplied, and Exhibits and Appendices, in connection with the response to
RFP submitted on behalf of TD Bank, N.A. ("TD') are, to the best of the TD representative's
actual knowledge, information and belief, accurate and true and correct in all material respects
with the exception of those items listed below, the compliance with which TD cannot
accommodate and hereby requests a waiver. To the extent there are any inconsistencies
between the obligations of TO, as set forth in the RFP, local ordinances and rules, and the
subsequent contract for services (collectively, the "Contract Requirements') and the rules,
statutes and regulations to which TD is required to adhere by virtue of its regulators and status as
a national banking association (collectively, the "Banking Requirements'), the Banking
Requirements shall supersede and govern and TD shall be held harmless as a result of its failure
to comply with any inconsistent Contract Requirements.
DOCUMENT
REFERENCE
COMMENT
Conflict of Interest
RFP, IV. Instructions to
To the best of the TD's knowledge and
Offerors & Standard
belief, none of the Proposer's officers,
Terms and Conditions.
directors, partners, proprietors, associates
or agents is also an officer or employee of
Section 10 - Conflict of
the City or any of its agencies.
Interest.
TD Banknorth Inc. holds 100% interest in
TD Bank, N.A.
Qualifications of
RFP, IV. Instructions to
Employment at TD is contingent upon
Proposers
Offerors & Standard
receipt of a satisfactory investigative
Terms and Conditions,
consumer report which examines criminal
records, credit history, employment history
Section 16.2
and educational records. This review is a
Qualifications of
standard procedure and is required by our
Proposers,
bonding company. Once employed, the
Company has the right to periodically re-
check any employee for the status of such
information.
Federal regulations require financial
institutions to take the necessary steps to
avoid hiring individuals who have a criminal
record of conviction for a felony or for any
criminal offense involving dishonesty or a
breach of trust.
TD cannot provide consent on behalf of
its employees for the sheriff to conduct
criminal background checks. However,
given the current procedure set forth
above, TD is confident in the integrity of the
employees that will be servicing the City.
Warranties
RFP, IV. Instructions to
With respect to compliance with all
Offerors & Standard
applicable federal, state and local laws,
Terms and Conditions.
regulations and orders, please note
compliance is subject to consistency with
Section 21.3 -
Proposer's Banking Requirements as
Warranties
defined above.
DOCUMENT
REFERENCE
COMMENT
Inspections and Audit
RFP, IV. Instructions to
The City's right to inspect and audit shall
Rights
Offerors & Standard
be available subject to regulations
Terms and Conditions.
governing privacy and other banking
regulations.
Section 25 — Inspections
Section 33 — Audit Rights
Non-discrimination and
RFP, IV. Instructions to
We are unable to fully comply, while we
Equal Opportunity
Offerors & Standard
comply with federal and state laws with
Employment
Terms and Conditions.
respect to EEO, we do not fully comply with
Section 26. Specifically the groups that are
Section 26 Non-
not covered in our policy include: familiar
discrimination and Equal
and political affiliation, moreover, we are
Opportunity Employment
unable to modify our contracts with
Subcontractors to include provisions
Sample Agreement
regarding the nondiscrimination clause.
Section 8 — Non -
Discrimination & Equal
Opportunity Employment
Assignment and
RFP, IV. Instructions to
Acquisition of Offeror by a third party shall
Subcontracting.
Offerors & Standard
not be deemed an assignment for
Terms and Conditions.
purposes of this RFP. City's prior written
Section 34.1 -
approval of assignments shall not be
Assignment
unreasonable withheld.
Sample Agreement
Section 10 —Assignment
and Subcontracting
Vendor Drug -Free
Vendor Drug -Free
TD complies with the spirit of the drug free
Workplace
Workplace Form
workplace form; however, there are minor
differences. Attached is TD's Drug and
Alcohol Policy.
Sample Agreement
Sample Agreement
Section 1 of the Sample Agreement will
need to be modified to reflect that the
The Contract
Section 1 — The Contract
contract documents shall include: The
Documents
Documents
Bank's Master Agreement for Banking
Services, and the Account Rules and
Regulations and any other account specific
agreements. In addition, our Merchant
Card Vendor, Heartland Payment Systems,
will require the execution of card services
agreements.
TD Bank, N.A.
BY:
DATE 0G:O6r_,' 7 Z�aS