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HomeMy WebLinkAboutRFP - 7262 SECURITIES SAFEKEEPING & CUSTODIAL SERVICESCity of Fort Collins Purchasing Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 /cgov. com/purchasing CITY OF FORT COLLINS, COLORADO REQUEST FOR PROPOSAL SECURITIES SAFEKEEPING AND CUSTODIAL SERVICES PROPOSAL NUMBER 7262 PROPOSAL DATE: 3:00 P.M. (OUR CLOCK) SEPTEMBER 26, 2011 RFP 7262 Securities Safekeeping & Custodial Services Page 9 of 40 Term of Contract The City is seeking a contract for a period of one year, with the option to renew four additional one- year periods. In order to determine the maximum cost of the safekeeping and custody services contract, the City will evaluate each proposal based on the entire contract cost over five years. Therefore, specific annual costs must be given for each of the five years. Please note that Exhibit B requires a total dollar cost for each of the five years. Commencement of Services The City expects that safekeeping and custody services selected through this RFP process shall commence on or before January 1, 2012. SECTION 4. SCOPE OF SERVICES TO BE PROVIDED Any proposal must commence with responses or compliance statements to each of the following points. Please reference the Section number for each response. A. General Service Requirements and Overview 1. Safety of City assets is the highest priority under this contract. As the City's custodian, the Provider will be acting as a fiduciary agent of City. State the Provider's general philosophy on the safeguarding of public assets in this capacity. 2. The City anticipates that it will establish a cash account with the Provider to fund purchase of securities or accept credit from sale or interest of securities. The City may also transfer funds on settlement day for all security deliveries. All deliveries will be made delivery versus payment (DVP). On the sale or maturity of a security, funds would normally be held in the cash account for reinvestment by the City. In the normal course of business, should there be delays or fails on the deliveries, funds may be left in the cash account for an unspecified period of time. This cash account would be maintained by the Provider and must have the capability to be automatically swept into an authorized investment vehicle (approved money market fund). Since City funds must be collateralized, insured or invested, the proposal must describe the general flow of funds anticipated and how those funds would be collateralized, insured or invested. 3. There will be no investment activities transacted with the custodial branch of the institution except the provision of an overnight sweep capability, if desired by the City. Any repurchase agreement must be with a separate primary dealer as counterparty although custody of collateral can be safekept with the Provider. Provider should describe how such a relationship could be structured and/or state any difficulty with this provision. Please provide a reference for a comparable relationship. 4. The City wants to be able to report all investments in its financial statements as Category #1 under GASB Statement III ("Deposits with Financial Institutions, Investments and Reverse Repurchase Agreements") provisions which requires securities be insured or registered in the name of the governmental entity or held by the entity's agent in the governmental entity's name. Please describe how the Provider assures such classification. RFP 7262 Securities Safekeeping & Custodial Services Page 10 of 40 B. Mandatory Requirements Non -Discrimination of Provider and Sub -Contractors The City is committed to equal opportunity and affirmative action. It is the policy of the City that the maximum practical opportunity to participate in government contracts be provided to minority and women enterprises. The Provider shall at all times in the bidding and contracting period comply with all applicable city, county, state and federal anti- discrimination laws, rules, regulations and requirements. Any violations of this provision shall be considered a violation of a material provisions of the contract and shall be grounds for cancellation, termination, or suspension in whole or part of the agreement with the City. Please respond by describing how the Provider provides for such opportunities and describe the minority representation in your organization. 2. Bank Providers a. In accordance with the provisions of Colorado State law, Colorado Banking Institutions must be designated as a public depository by the State of Colorado. Please state the Provider's status. b. The Community Reinvestment Act (CRA) of 1977 stipulates that banks and other financial institutions must meet the credit needs of the communities they serve. Proposals should include a copy of the bank's most current CRA policy statement and the current CRA rating of the institution. 3. Insurance Requirements Provider must have either insurance or collateral for City funds. State what insurance is available for City funds or whether collateral is available for funds in transit. 4. Ability to Handle All Security Transaction Types a. Provider must be able to handle the following types of security transactions through their own operations or through an established correspondent banking relationship. Please respond to each and state whether each operates on a same day posting and crediting basis for all credit transactions. Fed Wireable Security Transfer (FedWire) Depository Trust Corporation (DTC) Participatory Trust Corporation (PTC) Physical Security Settlement (New York) List your depository memberships (FRB, DTC, PTC) and the services you use at each. How long have you had this membership? Is membership through the Provider or correspondent? Fully describe the use of any sub -custodians. b. If any of these transactions are to occur through a correspondent or sub -custodian relationships, those relationships should be fully disclosed including the length of the relationships. RFP 7262 Securities Safekeeping & Custodial Services Page 11 of 40 c. What criteria do you use to select sub -custodians? 5. Same Day Posting Requirements Same day posting of all credits and debits (cash transfers, interest payments, maturities, and sales, etc.) is required. Please stipulate the Provider's policy on posting of debits and credits. Please include a schedule of your income and collection standards. 6. Immediate Instruction Execution Provider will be required to act promptly on all instructions given by authorized representatives of the City through mutually agreed upon procedures. There is no requirement for the Provider to verify the validity of the transaction, or compliance of that transaction, with state statute or City policy. Please describe Provider's policy and limitations on this issue. C. Institutional Profile Data 1. Brief History and Service Statement a. The Proposal should state a brief history of the Provider institution and development of its custodial division(s) which indicates the scope of service, philosophy as a public depository, and key dates of implementation and enhancement to its custodial services. b. Describe the Provider's commitment to the custodial services business. 2. Financial Information a. The City requires a Provider that is fiscally strong and able to provide these custodial services on an uninterrupted basis. Foremost in any system must be safety of assets and accuracy of information with provision for an adequate audit trail. In order to fulfill the City's fiduciary responsibility to protect public funds, all proposals will include, as part of the proposal: (1) audited financial statements for the three most recent fiscal years, (2) if the Provider is owned by a holding company, financials must also be provided for the holding company, and (3) if a bank, the most recent call reports must be supplied. b. Please provide a statement regarding any recent or anticipated merger, acquisition, or charter change affecting the Provider. c. If the potential Provider is a bank, the City requires a minimum of a "green" VERIBANC rating. Please state your current VERIBANC rating and any other ratings of note. Banks that do not meet the minimum criteria but desire to submit a proposal must include a written Justification for Consideration. A written Justification for Consideration does not obligate the selection committee to consider the proposal of a bank that does not meet the minimum criteria. 3. Organization a. Briefly describe your organization and its institutional custody division(s). Describe the RFP 7262 Securities Safekeeping & Custodial Services Page 12 of 40 structure of the organization with core businesses, locations and services. b. Briefly describe your institutional custody service capabilities and what capabilities set you apart from other providers. c. Provide an organizational chart showing the operating interrelationships and authorities within the Provider's entire organization. d. How many professional staff are devoted exclusively to institutional custodial services? e. Are accounts administered by teams or individually? f. Comment on the personnel turnover you have experienced in the last year in the division. 4. Client Base and Trust Assets a. Please state the total of all assets held in custody by the Provider and the number of trust or custodial clients (and average size) currently served. Provide a breakdown of our client base in the categories of personal and institutional accounts, both globally and domestically. b. How many public entities are currently served? How many twelve months ago? Provide ten (10) accounts of comparable size (and asset type) to be used for references. List the name, address and phone number of the appropriate contact person to be used for this reference. c. How many custodial clients has the Provider gained in the last twelve months? d. How many custodial clients has the Provider lost during the past twelve months? And what percent of your total clients does this represent? For each client lost provide the reason for the termination. 5. Service Commitment a. Describe your approach to and level of commitment to client service. Include a statement describing the Provider's approach to satisfying the services requirements of the City. What is the Provider's commitment to institutional custody relationships? Please illustrate. b. How do you monitor customer satisfaction? 6. Training Describe any ongoing educational seminars, user meetings, publications, or other training mechanisms you use for keeping clients informed and educated. (Respond on system specific training in Sections: 4.D.15g, 4.D.18e and 4.E.6d.) Outstanding Litigation Identify and describe any litigation or investigations by a regulatory agency or authority or contingent liabilities your company, its officers or its principals, have been involved in within the last three years relative to your custodial service. RFP 7262 Securities Safekeeping & Custodial Services Page 13 of 40 D. Required Services Legal Segregation of Securities and Accounts The City requires that all its assets be legally segregated from all other clients for safety. Describe how this separation will be established and maintained. 2. Account Executive a. To insure smooth implementation and continuation of services, an account executive must be assigned to the City's account to coordinate the account services and expedite the solution of any problem. The account executive will work with the City representative as central coordinators on all matters under the resulting contract. The City expects that all custodial problems and questions can be addressed through this one account executive. Provide the name, title and qualifications of the account executive expected to be assigned to the account. Please state how long the person has been in their current position and the training or experience they have had. b. How many accounts are assigned to the executive? Typically how many accounts are assigned to each account representative? c. Is account administration handled as a team or individual effort? d. Trained and competent backup for the account executive, familiar with the account, should also be assigned. Provide the name, title and qualifications of the back-up personnel expected to be assigned to the account. e. Describe the policy on notification of changes in these positions during the contract period. 3. Accounting a. Accurate accounting is critical to the City. Describe your accounting process (or module) and the degree of flexibility available through it. b. Does your system report or accommodate trade date, settlement date and accrual accounting? What accounting methods do you offer? (Trade or settlement? Cost basis? Amortization?) c. What is your source of pay down information? When is this posted? Do you maintain records of the original face amount? d. How do you handle corrections/reversals (i.e. as an adjustment or an offsetting sale or purchase?) e. What is your policy toward same day crediting of interest and dividends on payable dates? Are payments credited in same day funds? If not credited on the same day how is the City compensated? f. When are funds withdrawn for purchases? RFP 7262 Securities Safekeeping & Custodial Services Page 14 of 40 4. Security a. What security procedures and precautions are in place to protect City information, especially with respect to unauthorized on-line access or telephone instructions? Please fully describe all security measures. b. What procedures restrict unauthorized use at the time of transaction recording? c. How are authorization codes assigned? Are authorization codes changed periodically? How often? 5. Delivery versus Payment "DVP" Settlement All securities transactions must be delivery versus payment (DVP). Describe how this process will function and how the DVP protection is assured. 6. Securities Movement and Trade Settlement a. Describe your system for settlement, registration and custody of assets. Can you handle same -day turnaround transactions? b. Describe where and how the receipt and delivery of physical securities occurs and how they are secured. Describe any involvement by correspondent banks in the clearing. c. Describe the physical security systems of your vault and custody areas. d. Do you verify transaction detail from client instructions? How? When? e. Describe the flow of data for the following transaction types. (Provide flow charts if necessary.) (1) Receipt and transference of trade instructions on purchases and sales. (2) Clearing functions. (3) Transfer to safekeeping. (4) Payment for income and maturities. (5) Handling of repurchase agreement collateral. (6) Handling of reverse repurchase agreement activity. (7) Delayed deliveries and sales. f. How do you handle corporate actions? (splits, dividends, etc.) 7. Service Deadlines and Cutoffs What are your trade settlement instruction deadlines for timely processing of regular and same -day transactions? Proposal must include completion of Exhibit A. 8. Fail Process and Policy a. Does the Provider take responsibility for collection of due bills, interest and fails? Describe your policy. b. What is your client compensation policy on failed transactions? RFP 7262 Securities Safekeeping & Custodial Services Page 15 of 40 What procedures are in place to identify, follow-up and resolve failing trades? What percent of transactions failed for the most recent calendar year? (Purchases and sales.) How many times in the past year have your electronic information systems been out of service due to reasons internal to your company? How long were the downtimes? If you had outages or downtimes, what has been done to eliminate the problem(s)? 9. Wire Transfers a. A separate wire transfer agreement must be executed with the Provider establishing the names of authorized individuals and repetitive wires, etc. This may be the Provider's standard agreement form. The City will retain the right to modify the form if found necessary. Please provide a copy of this agreement. b. Describe the procedures and controls for repetitive and non -repetitive wires including security controls. Is wire transfer transaction processing available on line? c. Wire transfers must be credited the same day as received. The proposal will list all deadlines and cutoff times on Exhibit A. 10. Daylight Overdraft Provisions Every effort will be made to eliminate daylight overdraft situations on the City's account. However, in case this situation does arise, the proposal should include any and all policies regarding daylight overdraft charges or handling procedures. 11. Sweep Provisions a. Do you provide an automated daily sweep mechanism for anticipated or unanticipated cash balances? Describe all alternatives available to the City for its cash balances. Include timing restraints and controls that assure that funds are not left unprotected. The prospectus for each alternative must be provided for review and approval before use by the City. b. Are balances automatically monitored to assure no un-invested balances? Who directs this process and what are the deadlines for the service? 12. Collateral ization If a non -Colorado bank, the Provider will agree to obtain and maintain collateral acceptable to the City sufficient to cover all anticipated intra-day and overnight balances, above the FDIC insured limit of $250,000. Please state bank's agreement to this requirement. How will the City be assured that acceptable collateral is maintained? Colorado Banks must be designated as Colorado Public Depositories by the State of Colorado and meet all Public Depository Protection Act requirements. b. Describe any alternative to this collateralization requirement. c. What margin will be used for collateral provided? RFP 7262 Securities Safekeeping & Custodial Services Page 16 of 40 13. Pricing of Securities a. Describe your pricing services. b. What is the source of your pricing data for securities authorized by the City? c. How do you price securities not available from pricing services? d. How frequently do you price securities? e. Will the City have access to your pricing service? 14. Reporting a. Accurate and timely reporting is of critical importance to the City. Describe your standard and custom reporting package(s) and alternatives. Describe and submit copies of all standard reports available and how they are made available (paper only, on-line, real-time, next day, delayed, etc.). Describe all aspects of reporting and download capabilities. b. How soon after calendar month -end can you provide reports? Can you provide system to system electronic data transmission? PC downloading? Internet access? c. What information is available on-line? How long is historical data available on-line? How long does the Provider maintain historical data? Are there charges for research? d. Describe the confirmation process for each settlement. Provide a sample confirmation. e. Is an original safekeeping receipt issued for each holding? f. How do you handle notification on mortgaged -backed securities principal and interest? g. Do you use CUSIPs or internal identification numbers for your securities? Are CUSIP numbers on each report? h. What is the interday time lag between trade execution, posting, and availability of on-line information to the client? I. What are your transaction confirmation procedures as it relates to notifying the City on upcoming interest payments, call actions, and receipts of payments and calls. 15. Systems a. Describe the automated systems and environment supporting the custodial services (age, state of development, etc.) and describe the Provider's commitment to system development and maintenance. Include your current capacity and track record. b. Within your institution, does your custody system use dedicated or shared computers? If shared, what is its priority level? c. Between what hours each business day is information available? The proposal should RFP 7262 Securities Safekeeping & Custodial Services Page 17 of 40 state in Mountain Standard Time (MST) when information and access will be available each business day. d. How long has on-line inquiry and reporting been available to clients? e. The City desires on-line transaction processing if possible. Can all custody transactions be entered, completed and reviewed on-line? Provide examples of all transaction screens. f. Please provide your system support phone number. g. What system's training is available for the City personnel? h. Briefly describe you method of controlling client access. i. How long has the current system been in place? What changes in the systems, if any, are anticipated and in what time -frame? j. How much funding have you committed to computer systems and data processing for custodial accounts and systems in the past five years? k. Does the system provide electronic mail capabilities between the City's and Provider's personnel? I. List any circumstances or situations in which the information sent electronically by the City would be manually entered at the Provider. m. Back-up via telephone must be available for transaction processing. Describe this process. n. Specify any hardware and software required of the City for on-line services. o. Do you have an online cash management system? p. Can cash balances be invested in Certificates of Deposits, Commercial Paper, and/or Money Market Mutual Funds through your online system? q. Describe the process for online investing. Also provide a list of the investment options available. r. Specify the costs associated with investing online. 16. Auditing Procedures a. Describe your daily and periodic auditing procedures for both internal and external processes. Will the City have access to audit information? b. Would the City's accounting reports be audited for accuracy before submission to the City? Describe this process. 17. Back-up and Disaster Plans a. It is imperative that the City have access to its financial assets in case of a disaster. RFP 7262 Securities Safekeeping & Custodial Services Page 18 of 40 REQUEST FOR PROPOSAL - TABLE OF CONTENTS Section Description Page SECTION 1. INTRODUCTION AND INFORMATION ABOUT THE CITY AND THE FINANCE DEPARTMENT......................................................................... 3 SECTION 2. PROPOSAL SUBMITTAL INSTRUCTIONS..............................................5 SECTION 3. PROPOSAL EVALUATION AND SELECTION ......................................... 6 SECTION 4. SCOPE OF SERVICES TO BE PROVIDED ............................................. 9 A. General Service Requirements and Overview...................................................... 9 B. Mandatory Requirements...................................................................................10 C. Institutional Profile Data...................................................................................... 11 D. Required Services..............................................................................................13 E. Optional Services...............................................................................................18 F. Additional or Alternative Services....................................................................... 20 SECTION 5. PRICING PROPOSAL.............................................................................20 A. Basis of Compensation....................................................................................... 20 B. Pricing Schedule................................................................................................. 20 EXHIBITS...................................................................................................................... 21 EXHIBIT A - Deadline, Cutoff and Notification Times ................................................ 21 EXHIBIT B — Pricing Schedule................................................................................... 22 EXHIBIT C — Proposal Certification........................................................................... 23 APPENDICES............................................................................................................... 24 APPENDIX A — City of Fort Collins Standard Service Agreement (Sample) .............. 24 APPENDIX B — City of Fort Collins Portfolio of Assets .............................................. 34 RFP 7262 Securities Safekeeping & Custodial Services Page 1 of 40 Describe your disaster and back-up plan and capabilities including data processing systems, telephone access, system security controls, and customer identity controls. b. How often is the plan tested? c. Has this plan had to be used within the past three years? 18. Conversion a. Describe your approach to the implementation and conversion process as City assets are moved to the Provider. Include an estimated conversion calendar. b. What resources will be dedicated to the conversion effort? c. What controls are suggested for this period? d. What type and level of City involvement do you foresee in the process? e. What training is offered to the City during transition? f. What is the relationship between the transition team and the permanent support staff? What role will the account executive play in the conversion? g. What costs are associated with the conversion? List all types and charges on Exhibit B. h. Will the Provider defray any costs the City may incur from the present custodian for transferring assets? E. Optional Services 1. Subsequently Added Services It is the intent of the City to pay for all services on a fee basis. If new services become available and are provided during the period of this contract, how will the City be charged? Describe your policy on subsequently added services. 2. US Treasury Auctions During the course of the contract the City may wish to take advantage of the US Treasury's Automated Auction Bidding for Institutional Investors. Since this requires electronic bid submission and FedLine connections, the proposal should state whether the Provider currently has, or plans to have, the capability to handle such transactions. 3. Computer Terminal Link Should services provided by the Provider require a special computer terminal for inquiry and updates (not available through a personal computer), the City would request that two terminals be provided by the Provider for the City's Treasury and Accounting Departments. Provide a full explanation and cost estimate. Specify systems requirements and costs. 4. Securities Lending The City may elect to do securities lending transactions. a. Do you provide securities lending? If so, describe your program and the services provided. What differentiates.your program from others? RFP 7262 Securities Safekeeping & Custodial Services Page 19 of 40 b. Is the securities lending group in-house? A part of the custody operation? c. How long have you provided securities lending services? d. If provided through a third party, identify the vendor, their split of revenues and the residual percentage to the City. How long have you had this relationship? e. How do you minimize the risk in securities lending? f. Provide a list of borrowers with whom the Provider works and a copy of the current collateral contract. g. How many institutional custodial clients currently use the securities lending services? (Identify public versus private.) h. How often is the creditworthiness of borrowers reviewed? I. Describe the type of securities in the program. j. Do you mark -to -market daily? Is collateral adequacy monitored daily? k. How is cash collateral invested? I. Provide a copy of all transaction and income reports. Describe the on-line reporting availability for securities lending. m. Can assets be designated as available for different sector types and varying time frames? n. Are loaned securities flagged on the custody reports for client identification? o. To what degree are the securities lending clients insured against losses in the program? p. On the City's portfolio provided as part of this RFP, what incremental revenues (in basis points per annum) could be expected in a year? Do you guarantee income? 5. Investment Management a. What investment management services do you provide? b. Does the Provider act as third party custodian for existing repurchase agreement programs with multiple primary dealers which allows on-line rate inquiry and transaction processing? 6. Performance Management a. Does the Provider provide portfolio performance measurement? What are the performance products available? What portion of these services are available on-line? What are the advantages of using your performance management services? b. What level of control on the reporting and options are available for this service? RFP 7262 Securities Safekeeping & Custodial Services Page 20 of 40 c. Can the program download to Excel? Other software applications? d. What training is available to the City in understanding your performance products? e. What costs are associated with these services? F. Additional or Alternative Services Any additional service or permissible alternatives to the required service's, whether for charge or no charge, should be specified under this section. If alternatives are offered on services outlined above, please note the reference number from the RFP for the service. Give a full description of the service along with all charges and detail charges on Exhibit B. The volume for such transactions will be available upon written request. Describe any service restrictions or limitations. SECTION 5. PRICING PROPOSAL A. Basis of Compensation a. Compensation will be on a fee basis with respect to the services used and detailed on the account analysis. The Provider will be paid upon receipt and verification of the account analysis maintenance report each month. If another payment schedule is desired, proposal should so state the schedule and requirements of that proposal. b. Please state when the account analysis will be provided and provide a sample of the proposed account analysis form. B. Pricing Schedule. Each proposal must include a completed Exhibit B — Pricing Schedule which details all services and the fee to be charged for each. Any additional services should also be stipulated on Exhibit B. RFP 7262 Securities Safekeeping & Custodial Services Page 21 of 40 EXHIBITS EXHIBIT A - Deadline, Cutoff and Notification Times Purchase/ Sale/ Receipt Delivery SAME DAY TRANSACTIONS Federal Reserve (FedWire) NY Physical - (Muni/Equities/Corporates) NY Physical Money Markets (CP) DTC PTC REGULAR SETTLEMENT (NEXT DAY / CORPORATES — 3 DAY) Federal Reserve (FedWire) NY Physical - (Muni/Equities/Corporates) NY Physical Money Markets (CP) DTC PTC State any exemptions, restrictions or limitations on these deadlines below. RFP 7262 Securities Safekeeping & Custodial Services Page 22 of 40 EXHIBIT B — Pricing Schedule Please see the attached Excel spreadsheet titled "Exhibit B — Pricing Schedule". RFP 7262 Securities Safekeeping & Custodial Services Page 23 of 40 EXHIBIT C — Proposal Certification CITY OF FORT COLLINS REQUEST FOR PROPOSAL 7262 SECURITIES SAFEKEEPING AND CUSTODIAL SERVICES PROPOSAL CERTIFICATION FORM The undersigned hereby affirms that: 1. He or she is a duly authorized agent of the custody provider issuing this proposal and that all information provided in the proposal is true and accurate; 2. He or she has read the conditions and specifications that have been made available to the custody provider in conjunction with this RFP and fully understands and accepts these terms unless specific variations have been expressly listed in the custody provider's proposal; 3. The custody provider will follow and adhere to all terms and conditions and provide, at a minimum, all services as expressed in the RFP and the custody provider's proposal responding to the RFP; 4. The custody provider's proposal is offered independently of any other proposer and is in full compliance with the terms specified in the RFP; 5. The custody provider will accept any awards made to it, contingent on contract negotiation, as a result of the RFP for a minimum of ninety (90) calendar days following the date and time of the bid opening; and 6. If awarded a contract, the custody provider warrants that it will not delegate or subcontract its responsibilities without the express prior written permission of the City of Fort Collins. Signature of the Custody Provider Officia Name of Official (typed): Title: Name of Custody Provider: Date: Note: Proposals submitted without the signature of an authorized agent of the custody provider may be considered non -responsive and ineligible for award. RFP 7262 Securities Safekeeping & Custodial Services Page 24 of 40 APPENDICES APPENDIX A — City of Fort Collins Standard Service Agreement (Sample) SAMPLE SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT RFP 7262 Securities Safekeeping & Custodial Services Page 25 of 40 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page , and incorporated herein by this reference. 2. The Work Schedule. (Optional) The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence 200 and shall continue in full force and effect until 200 unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the RFP 7262 Securities Safekeeping & Custodial Services Page 26 of 40 termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided underthis Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: City of Fort Collins City of Fort Collins , Purchasing Attn: PO Box 580. PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $ Optional: according to the Insurance Requirements attached hereto as Exhibit " ", consisting of one (1) page. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall RFP 7262 Securities Safekeeping & Custodial Services Page 27 of 40 not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final RFP 7262 Securities Safekeeping & Custodial Services Page 28 of 40 REQUEST FOR PROPOSAL COVER LETTER CITY OF FORT COLLINS PROPOSAL NO. 7262 SECURITIES SAFEKEEPING & CUSTODIAL SERVICES The City of Fort Collins is seeking proposals from firms for a securities safekeeping and custodial services contract for the City's portfolio assets. Fort Collins is a municipal corporation which derives its powers from the home rule charter of the City and from applicable Colorado state law. Firms should submit five (5) written proposals to the City of Fort Collins Purchasing Division. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524 If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Proposals must be received before 3:00 P.M. (our clock), September 26, 2011, Proposal No. 7264. Questions concerning the scope of the project should be directed to John Voss, Financial Officer, at (970) 221-6772 or Harold Hall, Investment Administrator, at (970) 221-6784. Questions regarding proposal submittal or process should be directed to James B. O'Neill ll, CPPO, FNIGP, Director of Purchasing and Risk Management (970) 221-6775. A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, hftps://fcgov.com/eprocurement 2. Come to the Finance Department, Purchasing Division Office, located at 215 N. Mason Street, 2nd Floor, Fort Collins, to request a copy of the Bid. Sales Prohibited -Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kick -back or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7262 Securities Safekeeping & Custodial Services Page 2 of 40 payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to RFP 7262 Securities Safekeeping & Custodial Services Page 29 of 40 the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment RFP 7262 Securities Safekeeping & Custodial Services Page 30 of 40 eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of RFP 7262 Securities Safekeeping & Custodial Services Page 31 of 40 ) pages, attached hereto and incorporated herein by this reference. RFP 7262 Securities Safekeeping & Custodial Services Page 32 of 40 THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary (Corporate Seal) RFP 7262 Securities Safekeeping & Custodial Services Page 33 of 40 INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employers Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employers Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or. indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractors insurance. RFP 7262 Securities Safekeeping & Custodial Services Page 34 of 40 [Optional] EXHIBIT " " CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services forthe City, orthe City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFP 7262 Securities Safekeeping & Custodial Services Page 35 of 40 APPENDIX B — City of Fort Collins Portfolio of Assets RFP 7262 Securities Safekeeping & Custodial Services Page 36 of 40 City of I a c Flirt Collins Fixed Income Portfolio City of Fort Collins Finance Investments by All Types Active Investments May 31, 2011 Purchase Current Maturity Call Call CUSIP Investment 6 Fund Issuer Par Value Price Book Value Rate Data Date Price Federal Agency Coupon Securities 31331JAB9 895 991 Federal Farm Credit Bank 3,000,000.00 99.2420000 2,977,260.00 1.625 12/24/2012 31331J2Z5 969 991 Federal Farm Credit Bank 5,000,000.00 99.9700000 4,998,5W.W 0.920 11/26/2013 3133XTA97 840 991 Federal Home Loan Bank 5,DW,0W.00 100 ODOOOW 5.000.000.00 2.100 09/082011 3133XTLYO 852 991 Federal Home. Loan Bank 3,DOO,000.00 1W.0000000 3,000,000.00 1.800 05/04/2012 3133XXRM1 908 991 Federal Home Loan Bank 6.000,000.00 100.0000000 5.000,000.00 2.000 10/15/2013 313373ACO 995 991 Federal Home Loon Bank 2,500,000.00 1000000000 2,500,OW.00 1.300 04/29/2014 3133737K2 996 991 Federal Home Loan Bank 2,500,000.00 1000000000 2,500,000.00 2.000 OWl3012015 Subtotal 26.000,000.00 25,975,760.00 Federal Agency Callable Securities 31331JT06 935-700 700 Federal Farm Credit Bank 2.000,000.00 100-ODODOO 2,000,000.00 3.250 06YJ0/2017 06I30I201I 100.000WW 31331JXJ7 949-700 7W Federal Farm Credit Bank 2,000,000.00 100.0000000 2,000.ODO.00 3.000 08/03/2018 08/0312011 100.0000000 31331J3Y7 971-700 700 Federal Farm Credit Bank 2.000,000,00 97.7000000 1,954,000.00 2.650 12/01/2017 12/01/2011 100.0000000 3133IJKAD 915 991 Federal Farm Credit Bank 5.D00,000.0U 99.9500DOO 4,997,500.00 2.900 04/092015 04/09/2012 100.0000000 31331JL68 956 991 Federal Fans Credit Bank S.000.000.00 100.0000000 5,000,000.00 1.100 09/30/2013 09/302011 1 W.0000000 31331JZ97 966 991 Federal Farm Credit Bank 5.000,000.00 100.0000000 5,000,000.00 1.600 111092015 11/092011 1 00.0000000 31331J3A9 968 991 Federal Farm Credit Bank 5.000,000.00 100.0000000 5,0W,0W.W 2.000 11/232015 05/23/2012 100.0tX700DD 31331J5W9 970 991 Federal Farm Credit Bank 3,000,DOO,00 1000000000 - 3,000,000.00 2.0DO 12/22/2014 12IM01I 100.0D00000 31331,170 973 991 Federal Farm Credit Bank 5,000,000.00 100.000OWO 5,000,000.00 0.750 01/112013 01111/2012 100.0000000 -31331KBDI 980 991 Federal Farm Credit Bank 5,0W,0W.00 10000D0000 5,0DO.000.00 2.OW 02/02/2015 021022012 100.0000000 313373FX5 IOW 991 Federal Home Loan Bank 4,915,000.00 1 W-0000000 4.915,000.00 1.070 042WO13 07129=11 100.0000000 313373PZ9 1W2 991 Federal Home Lwn Bank 5,0W,000.00 100.00000DO 5.000,000.00 0.9W 05242013 06/2412011 1D0.0000000 3133XXUC9 911 991 Federal Home Loan Bank 3,000,000AO 99.8500000 2,995.500.00 1.500 04/1612014 04/16/2012 1W.0000000 3133XXVR5 913 991 Federal Home Loan Bank 5.000,000.00 100.0000000 6,000,DOO.00 2.490 D4/182014 04116/2012 100.0000000 3133XYY41 936 991 Federal Home Loan Bank. 3.000,000,00 100.0000000 3,000.000.00 2.000 061302015 06130/2011 100.0000DOO .313370A99 939 991 Federal Home Loan Bank 5.000,000.00 1DO-0000000 5,000,0DO.00 1.500 01/282014 07128MI1 100.0000000 3133702W7 940 991 Federal Home Lwn Bank 5.000,000.00 100.0000000 5,000,000.00 1.400 07112/2013 01/122012 100.0000000 313370WKO 952 991 Federal Home Lwn Bank 3,000,000.00 100.0000000 3,000,000.00 1.740 09/142015 09/142012 100.0000000 313370RAB 954 991 Federal Home Loan Bank 3.000,000.W 100.0D00000 3,000.000.00 1.820 OB12412015 08/242011 100.0000000 3133716Te 95B 991 Fedeml dome Loan Bank 5,000,000.00 100.0000000 5,0o0,OD0.00 1.500 04/1 War 10/15/2012 I00.0000000 313372GZI 979 991 Federal Home Loan Bank 5,0W,000.00 100.0000000 5,000,OW.00 1.300 02/14/2014 02/14/2012 100.ODOODW 991 Federal Home Loan Bank 4,105,000.00 IW-OODDOOO 4,105,00UO 2.000 11/28f2014 0212=012 100.00=0 313372NX8 987 Loan Bank 3,500,000.00 99.9500000 3,498,250.00 2.000 03f2312015 03232012 100.0000000 313372UG7 989 991 Federal Home Run Dale: 07/14r2011 -09:13 Portfolio FORT CP AT (PRF_DT) SymRep1641.202 Repon Vor. 5.00 RFP 7262 Securities Safekeeping & Custodial Services Page 37 of 40 Fixed Income Portfolio CUSIP Investment s Fund Issuer Investments by All Types May 31, 2011 Par Value Purchase Price Book Value Current Rate Maturity Date Cell Date Page 2 Cell Price Federal Agency Callable Securities 313372VNI 991 991 Federal Home Loan Bank 2,500,000.00 100.0000000 2,500,000.00 1.400 031282014 03/282012 100.0000000 3134G2GO9 1003 991 Federal Home Loan Mortgage Co. 5.000,000.00 100.0000D00 5,000,000.00 1.350 05/23/2014 11/2312011 100,0000000 3134GIGTS 933 991 Federal Home Loan Mortgage Co. 5.000.000.00 100.0000000 5,000,000.00 1.750 12/24/2013 00/24/2011 100.0000000 3134G1 PP3 947 991 Federal Home Loan Mortgage Co. 5.000,000.00 100.0000000 5,000,000.DO 1.400 1111a2013 08/182011. 100.0000000 3136FRKYB 1004 991 Federal Nall Mfg. Assoc. 2.500,000.00 100.000DOW 2,500,000.00 2.000 08/24/2015 05/242012 100.0000000 3136FHMK8 850 991 Federal Nat'l Mfg. Assoc. 3,000,000.00 100.0000000 3,000,000.00 2.250 OWIQ014 OS/012012 100.0000000 3136FH2M6 874 991 Federal Nat'l Mfg. Assoc. 5,000,000.00 100.0000000 5,D00,000.00 2.000 08/152012 08115/2011 100.0000000 3136FJDMO 877 991 Federal Nall Mfg. Assoc. 5,000,000.00 99.9750000 4.998,750.00 2.000 09/232014 09/23/2011 100,0000000 3136FJF22 896 991 Federal Nat'l Mfg. Assoc. 5.000.000.00 99.200D000 4,960,000.00 2.100 07/08/2013 07/08/2011 100.0000000 3139BAS45 925 991 Federal Nall Mfg. Assoc. 5.000,000.00 100.0000D00 5.000,000.00 2.000 06242013 06/242011 100.0000000 31398AZ47 942 991 Federal Nat'l Mfg. Assoc. 5,000,000.00 100.0000000 5,000,000.00 1.250 0729/2013 07/29/2011 100,0000000 3136FM3R3 943 991 Federal Nat'l Mfg. Assoc. 5,000,000.00 100.0000000 5.000,000.00 1.750 08/182014 0a/182011 100.0000000 3136FM3D4 944 991 Federal Nat'l Mfg. Assoc. 2.500,000.00 1DODD00000 2,500,000,D0 1.500 07/282015 07128/2011 100.D000000 3139BA2A9 945 991 Federal Nat9 Mfg. Assoc. 2,500,000.00 100.0000000 2.500,000.D0 2.125 08/052015 08/052011 100.0000O00 3136FM5EO 946 991 Federal Nall Mfg. Assoc. 3,000,000.D0 100.0000000 3,000,000.00 2.000 08/102015 08/10/2012 100.0000000 31399A2Y7 950 991 Federal Nall Mfg. Assoc. 51000,000.00 100.0000000 5,000,000.D0 1.500 0826M14 Oa/262011 100.0000000 31398A302 951 991 Federal Neff Mfg. Assoc. 5,000.000.00 100.00000DO 6,000.000.00 1.125 09/092013 09/092011 100.00()OWO 3136FPLGO 955 991 Federal Nat'l Mfg. Assoc. 5,000,000.00 100.0000000 5,000,000.00 1.300 03/28/2014 092WO11 100.0000000 31398A402 960 991 Federal Nat'l Mfg. Assoc. 5,000,000.00 99.9850000 4,999,260.00 1.000 10/182013 10/1H/2011 100.0000000 3136FP0W0 961 991 Federal Nat'l Mfg. Assoc. 5,DD0,000.00 f00.0000000 5,000,000.00 1.625 101192015 10/192012 100.0000000 3136FPTLI 962 gill Federal Nat'l Mfg. Assoc. 5,000,000oO 1DOADOD000 5.000.000.00 1.500 1028/2015 10/292012 100.0000000 3136FPW60 972 991 Federal Nat'l Mfg. Assoc. 5,000.000.00 1D0.0000000 5,000.000.00 1.500 12=2013 12/30201I 100.0000000 3136FP2S5 974 991 Federal Nat'l Mfg. Assoc. 4,250,000.00 100.0000000 4.250,000.00 0.625 01/18/2013 07/182011 100.0000000 3136FP3T2 978 991 Federal Nat'l Mfg. Assoc. 5,000,000.00 100.0000000 5.000.000.00 0,750 01272014 012712012 100.0000000 3136FP7J0 9a2 991 Federal Nat'l Mfg. Assoc. - 5,000,000.00 100.0000000 5,000,000,00 1.250 =242016 02242012 100.OD000OO 3136FRAS2 983 991 Federal Nat'l Mfg. Assoc. 5.000,000.00 100.000DO00 5.000.000.00 1.500 02222016. 02/222012 100.0000000 3135GOAX1 986 991 Federal Nall Mfg. Assoc. 51000,000.00 99.9500000 4,997,SDO.00 1.750 03/072014 09/072011 100.0000000 3136FP7A9 992 991 Federal Nat'l Mfg. Assoc. 5,000,000.00 99.9500000 4.997.500.00 1.000 02/16/2016 08/16/2011 100.0000DDO 3135GOAS2 993 991 Federal Nat'l Mfg. Assoc. 5,000,ODO.00 99.9250000 4.996,250.00 1.500 0225/2014 081252011 100.0000000 3136FP3Y1 997 991 Federal Narl Mfg. Assoc. 2,500.000.00 99.9750000 2,499,375.00 2.000 012812015 07/282011 100.0D00000 3135GOAW3 998 991 Federal Nat'l Mfg. Assoc. 5.000,000.00 100.21700DO 51010,850.00 1.700 02/25/2014 08252011 100.0000000 Subtotal 231,270,000.00 231,174.725.00 Corporate Bonds 369604AY9 842-700 700 General Electric Co 3.000,000.00 97.7970000 2,933,910.00 5.0D0 02N12013 36962G3K8 927 991 General Else Cap Corp. 2,100,0D0.0D 107.3280000 2,253,888.00 5.250 10/192012 36962G4H4 938 991 General Elec Cap Corp. 5,000,000.00 101.3550000 5,067,750.00 2.800 01/08/2013 Run Date: 07/142011 - 09:13 Portfolio FORT CID AT (PRF_DT) SymR4p16.41.202 Remn Ver. 5.00 RFP 7262 Securities Safekeeping & Custodial Services Page 38 of 40 SECTION 1. INTRODUCTION AND INFORMATION ABOUT THE CITY AND THE FINANCE DEPARTMENT Purpose and Objectives The City of Fort Collins, Colorado, and its Finance Department (hereafter referred to as the "City") is seeking proposals for a safekeeping and custodial services contract for the City's portfolio assets. These services are to meet the City's needs as described in this Request for Proposal (RFP). This RFP contains the instructions governing the proposals to be submitted, the material to be included within the RFP, minimum requirements that must be met to be eligible for consideration, and other requirements. Background Information The City is a municipal corporation organized under Article XX of the Constitution of the State of Colorado. The City derives its powers from the State Constitution, applicable Colorado Revised Statues, and the home rule charter. The City recognizes the custody of its securities and assets as an integral part of its cash management and treasury management program. The leading priority of the City in safekeeping and custodial services is the safety of public funds and assets. Through this contract the City intends to assure the safety of its assets, minimize investment, safekeeping and custodial costs and maximize its investment flexibility and capability. Safekeeping and custodial service providers are being solicited from banks within Colorado, banks outside Colorado, and non -bank custody providers (hereafter referred to as the "Providers"). The institution chosen through this process will be responsible for the safekeeping of the City's securities and for the safe transfer of public funds. The Provider's services will complement those of the City's banking services provider and will be required to work with City staff to assure safety and operational efficiencies. All funds and assets of the City are covered by this proposal and include: operating funds, bond funds, and pension funds. The City's current provider of safekeeping and custodial services is Wells Fargo. According to a separate agreement and not subject to this RFP, First National Bank of Fort Collins provides primary banking services to the City. This contract does not include investment advisory or management services. The City reserves its right to invest as it chooses and the Provider will execute on the proper order of authorized City representatives. The Provider will not be responsible for the composition, compliance or performance of the City's portfolio. Current Investment Practices During the first five months of 2011, the City's portfolio averaged approximately $310 million, consisting of a variety of securities that are legal investments under the Fort Collins Municipal Code. The Financial Officer or his assigned representatives are authorized to buy, sell, and exchange all such instruments. All transactions are handled on a delivery -versus -payment basis. Dependent upon market conditions, the portfolio is traded somewhat actively, and investment transactions can be expected daily including collateral transfers for repurchase agreements. As of May 31, 2011, the portfolio allocation was as follows: RFP 7262 Securities Safekeeping & Custodial Services Page 3 of 40 Fixed Income Portfolio Investments by All Types May 31, 2011 Page 3 Purchase Currant Maturity Cell Call CUSIP Investment o Fund Issuer Par Value Price Book Value Rate Date Date Prim Corporate Bonds 36962G4X9 975 991 General Elec Cap Corp. 2,500,000.00 99-9510000 2,498,775.00 2.100 01/07/2014 36962G4X9 976 991 General Elec Cap Corp. 2,500,000.00 99.6980000 2.492,450.OD 2.100 01/07/2014 89233P4H6 953 991 Toyota Motor Credit Corp 3,000,000.00 100.4000000 3,012,000.00 1.375 08/12/2013 Subtotal 18,100,000.00 18,258,773.00 Certificates of Deposit SYS957.820 957.820 820 Great Western Bank 1,250,000.00 100.0000000 1,250,000.OD LOW 03121/2013 SYS917 917 991 Great Western Bank 3,600,000.00 100.D000000 3,600,000.00 1.250 01/15M12 SYS918 918 991 Great Western Bank 400.000.00 100.0000000 400.000.00 1250 01/1Y2012 SYS963 963 991 Great Western Bank 10,D00,000.00 100.0000000 10,000,000.00 0.850 10/21/2011 SYS964 964 991 Great Western Bank 10,000,000.00 100.0000000 10,000,000.00 1.000 11129/2012 Subtotal 25,250,000.00 25,25D,000.00 Commercial Paper Disc. -At Cost 89233HUE2 1001 991 Toyota Motor Credit Corp 11,000,000.00 99.9375000 10,993,125.00 0.250 07/14/2011 89233HT79 999 991 Toyota Motor Credit Corp 8,000,000.00 99.9583334 7,996,666.67 0.250 06/07/2011 Subtotal 19,000,000.00 18,989,791.67 Pass Through Securities (GNMA/CMO) , 36216PW07 005.276 276 GNMA 1.185.87 98.9089623 1,172.93 8.500 0411512017 36216XXE6 311-276 276 GNMA 9,243.76 99.9703721 9,241.02 8.500 08/15l2016 36216PW07 007-501 501 GNMA 4,379.18 98.9089631 4.331.40 8.500 04/152017 362180MXG 397-700 700 GNMA 7,619.72 94.5172517 7,201.95 9.500 1011512017 36218EBB6 398-700 700 GNMA 12,950.48 94.5342399 12,242.64 9.500 09/1512017 36216PW07 006.640 840 GNMA 1,355.21 98.9089811 1,34OA2 8.600 04/15/2017 Subtotal 36.734.22 35.530.36 Total 319,656,734.22 Run Date: 07/142011 -09:13 319,684,580.03 Portfolio FORT CP AT (PRF_DT) SymRept 6.41.202 Report Var. 5.00 RFP 7262 Securities Safekeeping & Custodial Services Page 39 of 40 Rbc JUHMI I I HKU ytAR LUIU (Cost per Iler bit B: Pricing Schedule of Fort Collins stmenl, Safekeeping and Custodial Services 2012 2070 2015 Type of SerWce Usage /Items DDallly, Co`Bmer Total Cost Co` ttm�2011� Cost Total Cost Co`B1per Total Cost (M)(MD IA) 7�1 n. mor Account Analysis 1 statement M O.DO 0.00 0.00 0.0 Account Maintenance 3 accounts A 0.00 D.00 0.00 0.0 Sweep Access 1 D 0.00 0.00 0.00 0.0 Securities Safekeepina (Choose Onel Average Portfolio balance $308,798,270 A 0.00 0.00 0.00 0.00 OR Per Security. Fed wireable securities 110 M 0.00 0.00 0.00 0.0 Service Fees Interest/ dividend payments 170 A 0.00 0.00 0.00 0.0 Purchases 85 A 0.00 0.00 0.00 0.00 Maturities (excl. repo) 35 A 0.00 O.Do 0.00 0.00 Sales 5 A 0.00 0.00 0.00 0.00 Calls 45 A 0.00 0.00 0.00 0.00 Mortgage Pay Downs 48 A 0.00 0.00 0.00 0.00 Repo Origination 52 A 0.00 0.00 0.00 0.00 Repo Redemption 52 A 0.00 0.00 0.00 0.00 Report Fees Web access 1 A 0.00 0.00 0.00 0.0 Hard copy (3 Accounts) 3 M 0.00 0.00 0.00 0.0 (Account Analysis) Electronic (3 Accounts) 3 D 0.00 0.00 0.00 0.0 Cash Management System Access 1 D 0.00 0.00 0.00 0.00 Investment Transactions 1 D 0.00 0.00 0.00 0.00 Provided Software 1 A 0.00 0.00 0.00 0.00 Wire Transfers Incoming 10 A 0.00 0.00 0.00 0.00 Outgoing 10 A 0.0 0.00 0.00 0.00 Repo Incoming 52 A 0.00 0.00 0.00 0.00 Repo Outgoing 52 A O.Ga 0.00 0.00 0.00 Cost of Collateral or Dep 1 A 0.0c 0.00 0.00 0.0 Insurance Davlioht Overdraft Per cccurance Charges Conversion Costs One Time0.0 N/A N/A N/A N/A N/A N/A Research (per hour) 5 Hours Annually 0.00 0.00 0.00 0.0 Training (cost per hour) 10 Hours Annually 0.00 0.00 0.00 0.00 Other (please specify) U KANU TOTAL: US Government Treasuries US Government Agencies GNMAs Corporate Bonds Commercial Paper Bankers' Acceptances Repurchase Agreements Par Value # Securities 0 0 257,270,000 61 36,734 6 18,100,000 6 19,000,000 2 0 0 0 0 The City may use overnight or term repurchase agreements for short-term cash needs. The Provider must be able to act as third party custodian for this collateral. Repurchase agreements normally range from $50 to $125 million. Primary securities brokers or dealers (broker/dealers) will deliver between 2 and 4 pieces of collateral per repo transaction. The average repo size for the preceding six months has been $0 daily. A copy of the current portfolio is attached as Appendix B. Invitation to Propose By this Request for Proposal, the City is contacting prospective custody providers that have an interest or are known to meet the "Requirements to Propose" as specified below. All interested Providers that were not contacted are invited to submit a proposal in accordance with the policies, procedures, and dates set forth herein. NOTE: In the event of a "no proposal," please sign the RFP, indicate "No Proposal," and return. The intent of this Request for Proposal is to select one custodian for the City. The City does not intend to split its safekeeping and custodial services between entities. The City may decide to undertake securities lending transactions through an ancillary selection process. The City has no expressed or implied obligation to reimburse responding Providers for any expenses incurred in preparing proposals in response to this request. All material submitted to the City of Fort Collins in response to or regarding this RFP becomes the property of the City and will be returned to the institution only at the City's option. The City reserves the right to withdraw this RFP at any time and for any reason. The City may issue any combination of clarifications, modifications, or amendments it may deem appropriate. Proposal Calendar The following calendar outlines the critical dates for the City of Fort Collins Safekeeping and Custodial Services RFP process. The City reserves the right to adjust this timetable as required and will provide written notice of any changes to all institutions that may desire to submit a proposal. Date Event September 6 Written proposal inquiries due by 3:00 p.m. September 26 Proposals due. October 11 Interviews, if necessary. October 24 Evaluations completed. Contract sent to selected Provider. October 24 to Preparation and revisions to contract; Implementation. December 31 January 1, 2012 Contract begins. RFP 7262 Securities Safekeeping & Custodial Services Page 4 of 40 Inquiries about the Request for Proposal and the Subject Any questions or clarification regarding this RFP and the subjects contained therein must be made in writing by September 6, 2011. If there is any perceived ambiguity, conflict, discrepancy, omission, or other error in the RFP, the Provider should immediately notify the City in writing and request modification or clarification of the document. The Provider desiring to submit a proposal is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the proposal. Contact with City personnel, other than written inquiries to Jim O'Neill, John Voss, or Harold Hall, regarding this RFP may be grounds for elimination from the selection process. News Release News releases pertaining to this selection process or any part of the subject shall not be made without prior written approval by the Financial Officer. Direct all information regarding news releases to: John Voss, Financial Officer City of Fort Collins Finance Department P.O. Box 580 Fort Collins, CO 80522-0580 Facsimile: 970/221-6782 E-mail: jvoss@fcgov.com SECTION 2. PROPOSAL SUBMITTAL INSTRUCTIONS Format All Providers should organize their proposals according to the format described below. Failure to comply with all provisions of this RFP may result in the proposal being disqualified. Significant deviation from the format prescribed below may also result in the proposal being disqualified. Providers must submit proposals that are substantially complete, thorough, and accurate. Brochures and other similar background material may be attached to the proposal but will not be used by the City evaluation team in determining the extent to which the proposal is responsive or complete. The proposal should be bound and include the following items (in order): 1. Title Page 2. Table of Contents 3. Executive Summary 4. Copy of the Proposal Certification Form (Exhibit C) 5. Responses to the "Scope of Services to be Provided" 6. Completed Exhibit A: "Deadline, Cutoff and Notification Times" 7. Completed Exhibit B: "Pricing Schedule" 8. Sample Account Analysis Form 9. Sample Agreements (i.e., Wire Transfer Agreement) 10. Sample Reports 11. Appendices (i.e., Bank Call Reports) RFP 7262 Securities Safekeeping & Custodial Services Page 5 of 40 Implied Requirements Products and services that are not specifically requested in the RFP, but are necessary to provide the functional capabilities offered by the Provider, shall be included in the proposal. Required Items Included in the sealed proposal package, but not bound with the proposal, each institution must include a Transmittal Letter. This letter should briefly state the Provider's understanding of the work to be accomplished, provide a commitment to perform the work, and indicate the proposal is firm and irrevocable for the period of the contract. It should also identify all materials and enclosures included in the response to the RFP. ' Each Provider must submit copies of its three (3) most recent audited financial statements in the sealed proposal package, but should not bind the statements with the proposal document. Exceptions to the Prescribed Format In prescribing.the format for proposals, the City desires to make the responses from the Providers consistent and comparable. The City recognizes that Providers may vary in their approach and processes to providing the required services. Proposals that deviate significantly to the required format may be rejected. All requested information must be submitted, or if not, an explanatory statement summarizing the Provider's reason for not submitting the requested information must be given. Proposal Term All proposals must be valid for 90 calendar days from the required submittal date. SECTION 3. PROPOSAL EVALUATION AND SELECTION General Evaluation Guidelines Public Record Disclaimer: Under the Colorado Open Records Act, all information in the proposals is a public record and will be available for inspection upon completion of contract negotiations and award. Only the names of the Providers submitting proposals will be released prior to the completion of contract negotiations and award. Evaluation: The City's proposal evaluation team will read and evaluate all proposals submitted. Use of Pre -determined Criteria: The evaluation team will use the City's standard evaluation criteria, modified slightly for safekeeping and custodial services. The Director of Purchasing and the Financial Officer may eliminate proposals that are clearly non -responsive to the stated requirements. Additional Information: Throughout the evaluation and selection process, the Director of Purchasing and Financial Officer reserve the right, in the best interest of the City, to request additional information or clarification from the Providers, or allow corrections of errors or omissions. At the discretion of the City, Providers may be requested to make oral presentations as part of the evaluation process. Amendments: After proposals are opened, Providers may not amend or clarify submitted proposals unless the Director of Purchasing and Financial Officer request such information. Basis of Selection: The selection will be made on the basis of the one being the most RFP 7262 Securities Safekeeping & Custodial Services Page 6 of 40 advantageous to the City, price and other factors considered. Lowest cost may not indicate the highest ranked candidate. Cost is only one of several evaluation criteria. Council Approval: Under the Charter and Code of the City of Fort Collins, the selection by the evaluation team is not subject to Council approval. Criteria for Evaluation of Proposals The evaluation team will use the following criteria to judge and score the written proposals and, if necessary, for interviews. The rating scale shall be from 1 to 5, with 1 being the lowest score, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.5 Cost Fees and Compensation. The proposal that provides the services at the lowest total cost to the City. The total cost for the requested custodial services will be determined using the attached Pricing Schedule (Exhibit B). The City will consider the impact of incremental revenues generated by proposed Securities Lending activities. 2.5 Understanding City Degree to which the proposal and supporting materials Needs demonstrate that the Provider understands the City's needs and operational requirements. Quality and scope of the conversion implementation plan. 1.0 Financial Strength Evaluation of key financial ratios and financial strength. 3.0 Scope of Services The availability and quality of services proposed by the Provider. Includes the value of any new product or service suggestions or other new ideas and enhancements. 1.0 Experience The experience, resources, and qualifications of the Provider and individuals assigned to the City's account. Relevant experience managing similar relationships with public sector clients. At the option of the City, interviews and site visits may be conducted with some or all of the Providers responding to this Request for Proposal. The final selection will be based on an evaluation of all of the information submitted and the City's determinations that the proposal will best serve the City's needs. Performance Standard In their proposals, Providers should strive to meet or exceed the standards of performance provided in this RFP. The evaluation team retains the SOLE responsibility to determine the extent to which proposals meet or exceed the standards of the City. RFP 7262 Securities Safekeeping & Custodial Services Page 7 of 40 Acceptance Time The City intends to make a bid selection for contract negotiations by October 24, 2011. Award shall be recommended to the proposer whose proposal best meets the needs of the City, not necessarily to the lowest cost proposer. Acceptance of Proposal Content Upon selection by the City, the contents of the proposal become contractual obligations. If the selected Provider does not accept these obligations, the City may cancel this award and disqualify the proposing Provider from future solicitations. The City shall have the right to use any ideas contained in any proposal from any Providerthat has submitted a proposal in response to the RFP. Selection or rejection shall not affect this right. Contract Negotiation If necessary, the City shall have the right to negotiate with one or more of the Providers that respond to this RFP or the successful Provider. The content of the RFP and the selected Provider, including the scope of services, will become an integral part of the Contract, but may modified by the Contract. By responding to this RFP, the Provider acknowledges the willingness to include, in the Contract, any information provided in response to this RFP. A proposal in response to this RFP is an offer to contract with the City based on the terms, conditions, scope of work, and specifications contained in the RFP. The City's Standard Services Agreement is attached as Appendix A. The City expects that both parties will execute the contract prior to the commencement of safekeeping and custody services on January 1, 2012. During the period between the award and the completion of the Contract, this RFP, in conjunction with the accepted proposal, will constitute, unless otherwise negotiated, a legal binding contract between the City and the selected Provider. If the selected Provider fails to sign and return a contract in substantial compliance with the RFP and proposal within 15 days aftercompletion of the contract documents, withdraws from negotiating the contract documents, or otherwise fails to complete the transaction, the City shall have the right to recover all expenses incurred in reliance upon the proposal, including reasonable attorney's fees. If the selected Provider fails to sign and return the contract documents within 15 days following the receipt thereof, the City may annul the award. The City may then alternately make the award to the next highest ranked Provider. The City also retains the right not to make any subsequent award. According to the Contract, the City may terminate the Contract upon 90 calendar days written notice. The selected Provider shall waive all rights to security interests and rights to set -offs to City deposits. The City retains the specific power and authority to require the selected Provider to furnish, such information the City may request or demand concerning the portion of deposits which are issued by the Federal Deposit Insurance Corporation, the amounts of the Provider's capital funds, and the nature, amount, market value, and location of the eligible collateral maintained or pledged by it to secure City deposits. RFP 7262 Securities Safekeeping & Custodial Services Page 8 of 40