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HomeMy WebLinkAbout51671 2 3 4 5 6 7 8 9 10 11 12 CITY OF AUBURN, WASHINGTON ORDiNANCE NO. 5167 AN ORDiNANCE of the City of Auburn, Washington, relating to banking services and contracting indebtedness; providing for approval of a Banking Services Agreement with Key Bank National Association. 13 WHEREAS, the City of Auburn, Washington (the "City"), is in need of an ongoing 14 banking services relationship; and 15 WHEREAS, the Finance Director of the City has carried out a competitive process 16 to select a bank to provide a range of banking services including the deposit of cert~dn City funds, 17 checking, short term borrowing and other services; and 18 WHEREAS the Finance Director has determined that Key Bank National 19 Association has made a proposal most advantageous to the City; and 20 WHEREAS, the City Council deems it to be in the best interest of the City to enter 21 into the Banking Services Agreement substantially in the form of Exhibit A attached and 22 incorporated herein by reference; NOW, THEREFORE, 23 24 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHiNGTON, DO ORDAIN 25 AS FOLLOWS: 26 Section 1. The Banking Services Agreement attached as Exhibit A is approved, and the 27 Finance Director of the City is authorized and directed to execute that agreement on behalf of the 28 City in substantially the form of Exhibit A, with such modifications as she may determine are 29 consistent with the purposes of this resolution. 30 Section 2. All actions previously taken in accordance with this ordinance are hereby 31 ratified and confirmed. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 3. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. ATTEST: Danielle Daskam, City Clerk INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH, Mayor November 2, 1998 November 2, 1998 November 2~ 1998 25 APPROVED AS TO FORM: :27 ' 28 29 3 Attorney 31 32 PUBISHED: 34 35 EXHIBIT "A" BANKING SERVICES AGREEMENT CONTRACTING PARTIES This AGREEMENT is entered into by and between the CITY OF AUBURN, hereinafter referred to as the "City," and Key Bank National Association, fully qualified under the terms and conditions outlined by the Washington Public Deposit Protection Commission and licensed to conduct business in the state of Washington, and hereinafter referred to as the "Bank." HEREBY WITNESSETH: The City of Auburn, acting by and through the Finance Department, issued a Request for Proposal (RFP), dated in August of 1997, for the purpose of obtaining proposals for providing banking services for the City of Auburn's Banking Services. Key Bank responded with a proposal dated August 27, 1997 (the "Proposal"). The RFP and the Proposal are attached hereto and incorporated by reference herein, are together with this document and its other attachments, referred to below as the "Agreement" The City hereby awards to Key Bank National Association, this Agreement For banking services, hereinafter referred to as the "Services," as described in the RFP for the City of Auburn Banking Services and in the Proposal, attached hereto at the prices stated therein and further clarified by attaching the Bank's complete pricing schedule, in accordance with the terms of this Agreement. ADDITIONAL SERVICES The parties further agree, that additional services (other than item 3b. below), appropriate to the scope of the Agreement, may be added to this Agreemen~t only with the written mutual consent of both parties. Such writing shall include a specific description of the additional services, pricing and additional terms and conditions as relevant. The additional services shall be available under the same terms and conditions established herein except as specifically amended between the parties. The parties further agree that a provision of the RFP and the Proposal is to ~provide an overdraft line-of-credit (the "LOC") in the amount of not to exceed $2 million for the life of this Agreement and any legal extensions thereto. The City acknowledges that this Agreement will be utilized as the authorization for its designated representative to obligate the City to the repayment of any amounts drawn under the LOC and the payment of any interest or fees relative to those draws and the LOC. The Bank agrees that the sole compensation for the LOC will be the interest paid (calculated at a taxable rate of 75% of Key Bank's Prime Rate using an actual/365-day basis) and any normal Bank fees and charges relating to such a credit facility. The City irrevocable pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors on all taxable property within the City in an amount sufficient, together with other money legally available therefore, to pay the LOC when due. The City pledges its full faith and credit to the repayment of the LOC. Exhibit "A", Ordinance No. 5167 4. CONSIDERATION In consideration whereof, the mutual promises made to each other, as hereinafter set forth, the parties further agree as follows: The City and the Bank agree that the Agreement is the complete and exclusive statement between the parties which supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. The parties agree that to the extent the Bank provides choices to the City in the Proposal, those options remain options for the City to utilize. Any notice or demand which under this Agreement or applicable law must or may be given by the Bank, or City shall be in writing, properly addressed and, as an alternative to personal delivery, made by U.S. Mail, if to the Bank, at: Key Bank National Association Public Sector Division Attn: Herb Neufeld Mail Code: WA-31-10-4848 700 Fifth Avenue, 48th Floor P.O. Box 90 Seattle, WA 98111-0090 if to the City, at: City of Auburn Finance Department Attn: Diane Supler 25 West Main Street Auburn, WA 98001-4998 5. TERM This Agreement shall be for a period of three (3) years, renewable for two (2) additional one-year periods upon the written agreement of the parties and including such changes upon which the parties may agree. This Agreement shall be come effective immediately upon execution by all parties, with implementation of all specified services to take place on June 1, 1998. The Agreement entered into between the Parties shall extend for a term through and including May 31, 2001. Fees are fixed for the initial three-year period, with fees and terms subject to renegotiation at the end of the first three years and each subsequent renewal period. Either party may terminate this Agreement at any time upon 90-days written notice to the other party. In Witness Whereof: The City and Bank have executed the Agreement as of the date and year written below. APPROVED City of Auburn Diane L. Supler Finance Director Date APPROVED Key Bank National Association ~-'/Herbe r'F,F.:'l~e u feld~ Vice President I/'- ?d Date 5C047691.01