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HomeMy WebLinkAbout10. Consider authorizing the General Manager to execute a contract with U.S. Bank for commercial banking, investment safekeeping/custody, and merchant card services for a five-year termItem 10. BOARD OF DI RECTORS POSIT ION PA PER M E E T ING D AT E:MA R C H 21, 2024 S UB J E C T: C O NS I D E R A UT HO R I Z I NG T HE G E NE R A L MA NA G E R TO E X E C UT E A C O NT R A C T W I T H U.S. B A NK F O R C O MME R C I A L B A NK I NG, I NV E S T ME NT S A F E K E E P I NG/C US TO D Y, A ND ME R C HA NT C A R D S E RV I C E S F O R A F I V E -YE A R T E R M S UB M I T T E D B Y: K E V I N MI Z UNO, F I NA NC E MA NA G E R I NI T I AT I NG D E PART M E NT: A D MI NI S T R AT I O N-F I NA NC E RE V IE WE D B Y:P HI L L E I B E R, D E P UT Y G E NE R A L MA NA G E R - A D MI NI S T R AT I O N R oger S . B ailey General Manager IS S UE Board authorization is requested f or the General Manager to execute a contract with U.S. Bank for banking, investment saf ekeeping/custodial services, and merchant card services for up to a five-year term, with an estimated start date of May 1, 2024. B AC K G RO UND On August 17, 2023, consistent with prior direction of the Board, staf f brought f orth additional inf ormation and recommendations related to key aspects of implementing an in-house treasury f unction for C entral San. S taff provided the f ollowing deliverables to support this recommendation and the B oard’s deliberation process: An internal controls risk assessment over the proposed “to be” banking function, Draft banking and treasury policy and administrative procedures applicable f or the proposed “to be” treasury structure, P roposed project implementation plan After a presentation summarizing the highlights of these deliverables, the Board voted unanimously in f avor of staf f continuing to pursue the in-house treasury function consistent with the risk assessment, draft policies and procedures, and project implementation plan. T he project implementation plan highlighted March 21, 2024 Regular Board Meeting Agenda Packet - Page 84 of 195 Page 1 of 5 seven key phases, as f ollows: 1. Project discovery, 2. R isk Assessment and Board direction/action on treasury structure, 3. Policy development, 4. R equest for proposals (R F P ) for banking services, 5. R F P for investment management services, 6. Enterprise Resource Planning (E R P ) system implementation and configuration changes, 7. W ithdrawal from C ounty P ool. F ollowing the B oard’s authorization to proceed with project implementation as recommended by staff, the first three phases of the project have now been largely completed with the next project phase focusing on the solicitation for banking services. I n accordance with this plan, with the support of project consultant Eide B ailly, staff developed an R F P f or governmental banking and other optional services (i.e., custodial, merchant card, and procurement card services) which was issued on October 4, 2023. Unfortunately, when this initial R F P closed on November 1, 2023, only one bank had submitted a proposal. F ollowing more extensive outreach by staff to qualif ied banks in the governmental services sector, a second R F P was issued on November 15, 2023, with a proposal submittal deadline of December 22, 2023. T he banking services R F P provided a background of Central S an’s history, operations, f iscal health, and current treasury arrangement, and requested banking institutions’ submitting proposals provide information related to their qualifications and experience in the governmental banking services sector as well as information demonstrating their fiscal health (i.e., creditworthiness, deposit strength, etc.). T he R F P disclosed that proposing banks would be evaluated on the f ollowing criteria: Understanding the needs and operational requirements of Central S an, B ank and branch locations, S cope of services offered, including degree of automation, Relevant experience managing similar services with governmental agencies, P rofessional experience and qualif ications of the individuals assigned to the account, Responsiveness to proposal f ormat and inclusion of all required exhibits/reports, L ocal decision-making authority to handle emergency needs, F inancial strength and capitalization of the banking institution, A dequacy of financial controls and security protection against loss, Value of any new product or service suggestions or other new ideas and enhancements, Quality and scope of the conversion plan, A bility to provide services as outlined in the Scope of Services and quality of the proposal, Quality of ref erences, B est rate of interest paid historically on accounts, B est earnings credit rate (E C R), and P roposed cost. C entral San received f our proposals from the f ollowing banking institutions: B MO B ank, F ive Star Bank, U.S . B ank, and Wells F argo. S taff and project consultants from Eide B ailly held interviews with each of the proposed banks on J anuary 9, 2024. A s a result of the evaluation committee’s assessment of written proposals and interviews pursuant to the R F P’s specif ied evaluation criteria, U.S. Bank was tentatively selected for further negotiations on a banking services agreement on F ebruary 6, 2024. T he evaluation committee found U.S. Bank to be the best f it f or Central S an in consideration of all evaluation criteria included in the R F P, particularly regarding the bank’s reputation and fiscal health, a competitive E C R, customer service resources and approach, experience with similar implementations, and municipality ref erences. S hortly af ter the evaluation committee’s decision was publicized, staff and representatives from U.S . B ank began discussing the desired scope of service, terms, and conditions to be included in U.S . B ank’s standard banking services contract template. W hile contract negotiations are still underway, March 21, 2024 Regular Board Meeting Agenda Packet - Page 85 of 195 Page 2 of 5 major elements of the banking services contract will include the following elements contained in the bank’s proposal: Scope of Services: T he proposed banking services contract with U. S. Bank covers all the services needed by Central S an as specif ied in the R F P. Key banking services covered in the proposed contract include, but are not limited to, the following: C ollateralization of C entral San’s deposits pursuant to California Government Code section 53651-53652, A ccess to a dedicated banking system and E R P integration implementation team specializing in the governmental sector, A utomated cash management inf ormation access utilizing U.S. Bank’s modern and robust yet user-f riendly “Single P oint” online commercial banking platf orm. T his platf orm provides all modern online commercial banking functionalities including: Transf er and payment management (i.e., positive pay, A C H filters/blocks, etc.), E R P system integration capabilities (to and from), Cashflow f orecasting, P rocessing and depositing collections, F raud prevention, User-specific system access/security, Document imaging. Access to a dedicated Relationship Manager and Treasury Management C onsultant f or support needs as well as a dedicated government customer service team to service Central San’s day-to-day needs, Z ero Balance A ccounts (Z B A ) for all operational control accounts (i.e., payables, payroll, and merchant card services). Daily sweep accounts to ensure idle liquidity is invested securely overnight. Merchant card services, Mobile depositing, and I nvestment safekeeping and custody services. Team: Nick Nelson, Relationship Manager, will serve as Central S an’s dedicated Government Banking Relationship Manager and is responsible f or U.S. Bank’s Northern C alif ornia portfolio. D onna Chu, Treasury Management C onsultant, will be Central S an’s primary contact f or treasury management needs, during and af ter initial implementation. Other staf f of U.S . B ank will be assigned as necessary, with specialists the areas of merchant card services, corporate payment systems, and institutional trust and custody services. Cost: Governmental commercial banking services are generally provided on a f ee per transaction basis, with various f ee types spelled out in a comprehensive fee schedule. T he cost of most transactions associated with this contract are covered by the E C R, which is earned by maintaining a minimum cash balance (compensating balance) at all times. T he compensating balance required is calculated based on the estimated monthly f ees that will be incurred and the E C R. As these transaction fees are incurred, they are offset by the E C R in lieu of making direct payments. E xcess earnings do not transfer to Central S an, and f ees in excess of the monthly E C R must be paid directly. Transactions which are not covered by the E C R include wire transfers, insuf f icient fund fees, and credit card charge backs, which must also be paid directly, similar to the current arrangement with the County. T he attached banking services agreement outlines the detailed f ees, which are consistent with industry norms for commercial banking. B eyond the various transaction-based f ees, the following are other critical components memorialized in the contract with U.S. Bank: E C R – R ate of 2.5 percent, guaranteed for the term of the contract. S ix-month f ee waiver commencing at the start of implementation, including setup, training, and March 21, 2024 Regular Board Meeting Agenda Packet - Page 86 of 195 Page 3 of 5 scanning equipment fees. B onus credit of $5,000 towards lockbox should C entral San implement within six months of contract signing. I nvestment safekeeping and custody services fee of one basis point (0.01 percent) on the f irst $500 million in market value and a half basis point (0.005 percent) thereaf ter with an annual minimum f ee of $15,000. Term: T he proposed contract would commence on approximately May 1, 2024, and extend for a five-year term ending A pril 31, 2029. Entering into an agreement with US Bank for the af orementioned services is a critical step towards the Board supported initiative of implementing an in-house treasury structure, for which many operational and strategic benefits are expected in the long-run. Continuing to make progress on this significant initiative is in line with two strategies of Goal 7 of C entral San's F Y 2023-24 Strategic P lan, including to "be adaptable, resilient, and responsive" and "implement organization-wide optimization." ALT E RNAT I V E S /C O NS I D E RAT IO NS Banking services will be essential to Central S an in an in-house treasury services structure. I n terms of alternatives, the Board could select another bank. T his is not recommended as U.S. Bank was selected in a competitive process and has been responsive to Central S an’s stated needs. T he Board could also consider proposing dif f erent terms in the banking services contract such as those relating to cost parameters; the term of agreement; or the scope of work to be included in the contract. Staf f does not recommend reducing the term f rom 5 years as this longer term was an important factor in obtaining a locked-in competitive E C R of 2.5% through the duration of the contract, which set US Bank's proposal apart f rom the other proposing banks. Additionally, for something as operationally and strategically signif icant as banking services, a bank change in less than 5 years would be administratively cumbersome to staff and potentially disruptive to operations. As with nearly all contracts C entral San enters into, this contract is anticipated to contain a cancellation clause, which will allow C entral San to terminate the contract with adequate notice, further supporting that a shorter duration contract is not necessary. F I NANC IAL I M PAC T S T he execution of this contract f or commercial banking, investment saf ekeeping/custody, and merchant card services will not result in a material cost increase f rom current costs incurred by Central S an as a voluntary pooled participant with the C ounty Treasury Pool. W hile it is dif f icult to estimate with certainty, any cost increases for these services are not expected to exceed $10,000 annually. W hile total f ees are expected to be well below the contract threshold requiring Board approval, the Board’s approval of this contract is warranted given the significance of banking services to Central S an’s ongoing operations and administrative structure. A ccordingly, the f ollowing provides a synopsis of potential direct f inancial impacts associated with entering into a commercial banking, saf ekeeping/custodial, and merchant services contract with U.S. Bank. I f authorized by the Board to proceed with the recommended staff action, contract terms and conditions will be negotiated by the General Manager and staf f . A ny material deviations from this position paper, though not expected, will be disclosed to the B oard at a later date. F ees for commercial banking services are based on transaction volumes and would increase or decrease in correlation with volume f luctuations. W hile precise Central S an-specif ic banking volumes were not available to staff given Central S an’s historical status as a voluntary pooled participant of the County Treasury P ool, a pro f orma cost analysis was conducted by Central S an’s implementation consultant using historical cash balances and estimated f uture transaction volumes to estimate the potential monthly f ee for commercial banking services. T his analysis concluded that Central S an should not expect to directly pay (via disbursement) any fees f or commercial banking services, largely due to the competitive E C R offered by U.S. Bank. Given the six-month implementation f ee waiver included in the proposal, no costs are March 21, 2024 Regular Board Meeting Agenda Packet - Page 87 of 195 Page 4 of 5 expected to be incurred at the onset of the contract f or the purchase of a remote check scanner, initial check stock, or other banking supplies. F or investment saf ekeeping and custodial services, f ees would be charged based on the average market value of investments held. C onsidering the non-local agency investment fund (L A I F ) portion of C entral San’s investment portfolio has been approximately $140 million on average, staff estimates that the minimum services f ee of $15,000 would apply. R egarding merchant card services, costs will include both recurring service f ees charged on a per transaction basis as well as one-time set-up costs associated with the purchase and installation of credit card equipment. Transaction costs are $0.86 per credit card authorization. Given the competitive nature of US B ank's merchant services fees, which do not have a markup, total credit card fees f or over-the-counter transactions are expected to remain consistent with those under the current arrangement. To put this into context, f or the fiscal year ended J une 30, 2023, C entral San paid approximately $3,800 f or credit card fees attributable to its over-the-counter devices. One-time costs associated with the acquisition and installation of merchant services equipment range from $1,190 to $1,300 per payment location (with two locations anticipated), plus an overall licensing f ee of $149. T his includes terminals, pin pads, printers, and an imprinter. As disclosed in the A ugust 17, 2023, Board P osition P aper requesting direction on treasury structure and project implementation plans, consultant f ees were expected related to the implementation of the E R P’s C ash Management module (currently unutilized) and modifications to the P ayables and Receivables modules. I mplementation costs associated with this project are expected to be covered by an existing contract with Apps Associates (formerly Emtec), C entral San’s E R P implementation and support consultant. T his contract is used for ongoing support (i.e., troubleshooting, minor enhancements, etc.) as well as larger f unctionality enhancements and implementations. A t this time, the contract has suf f icient funds remaining f or this implementation, estimated to cost between $110,000 and $130,000. D espite these costs, transition to an in-house treasury structure will provide f or many strategic advantages that offset these costs, which were considered previously by the B oard when directing staf f to pursue this initiative f urther. Time saved on more ef f icient bank reconciliations and not needing to drive to the County each week f or check runs and other transactions will allow F inance Division staff to focus on other important tasks and projects. C O M M I T T E E RE C O M M E ND AT IO N T he F inance C ommittee reviewed this matter at its F ebruary 27, 2024, meeting and recommended it f or Board approval. RE C O M M E ND E D B O ARD AC T I O N Authorize the General Manager to execute a contract with U.S B ank f or commercial banking, investment safekeeping/custodial, and merchant card services f or a term of f ive years. Strategic Plan Tie-I n G O A L FO U R : G overnance and Fiscal R esponsibility Strategy 3 - Maintain financial stability and sustainability G O A L S E V E N : I nnovation and Agility Strategy 2 - I mplement organization-wide optimization, Strategy 3 - Be adaptable, resilient, and responsive March 21, 2024 Regular Board Meeting Agenda Packet - Page 88 of 195 Page 5 of 5