The URL can be used to link to this page

Home My WebLink About2024-174 AMENDMENT TO REGIONS BANK MASTER AGREEMENT FOR TREASURY MANAGMEENT SERVICES This Amendment to Regions Bank Master Treasury Management Services Agreement ("Agreement") is made as of the 1st day of September 2024 (the"Effective Date") by and between Regions Bank("Bank") and Indian River County("County"), a Political Subdivision of the State of Florida, organized and existing under the Laws of the State of Florida. WHEREAS, County and the Bank have previously entered into a Master Treasury Management Services Agreement; and, WHEREAS, County is an agency of Florida state government and represents and warrants to the Bank that all funds held in the Accounts are owned by County and that the services obtained in connection with the Accounts will be obtained in connection with official government business of the County; and WHEREAS, the Bank has submitted a proposal to continue the lockbox services ("Services")for a period of one year,with two one-year renewals; and, WHEREAS the parties intend to incorporate additional terms as part of the Agreement. NOW,THEREFORE,in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Indemnification. Any indemnification contained in the Agreements shall be only to the extent allowed by and within the limits of liability provided by section 768.28,Florida Statutes,and shall not be deemed a waiver of sovereign immunity. 2. Term.The term of the Services Agreements shall commence on the Effective Date and continue for one year,with two automatic renewals. On the anniversary date of this Amendment,the Agreement shall automatically renew for a one-year term. Such renewal shall be automatic unless either party notifies the other in writing of its intent to terminate this Amendment at least 3o days prior to the next scheduled anniversary date. If not terminated early, this Amendment and the Agreement shall terminate on the third anniversary date hereof. 3. Pricing. The pricing terms set forth in the Service Proposal attached as Appendix A shall continue throughout the term hereof. 4. E-Verify. Bank is registered with and will use the Department of Homeland Security's E-Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Bank is also responsible for obtaining an affidavit from all subcontractors participating in providing the Services, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 5. Public Records Compliance. County is a public agency subject to Chapter 119, Florida Statutes. Bank shall comply with Florida's Public Records Law. Specifically,the Bank shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4)Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Bank or keep and maintain public records required by the County to perform the service. If the Bank transfers all public records to the County upon completion of the contract, the Bank shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the Bank keeps and maintains public records upon completion of the contract,the Bank shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the County,upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. (5) IF THE BANK HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BANK'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 18o127th Street,Vero Beach, FL 3296o (6) Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 6. Termination in Regards to F.S. 287.135. Bank certifies that it and those related entities of Bank as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more,Bank certifies that it and those related entities of Bank as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County may terminate this Contract if Bank is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes,been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,as defined by section 287.135,Florida Statutes. County may terminate this Contract if Bank, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 7. Foreign Entity Ownership. Bank does not meet any of the criteria in Section 287.138, Florida Statutes that would exclude it from eligibility to enter an agreement which may give access to an individual's personal identifying information. IN WITNESS WHEREOF,the parties have caused this Amendment to be executed as of the Effective Date. OWNER: ." BANK: coniti7`ts•• IN IANRIVER CO '1 ��J` *• GIONS ANK lams, Chairman - . "me: ' n/.S'AN7�1�6�/N/o 4' 1 �`, ` o�tyRle: $FAA/o2 Vice Pa: VD�Vr By: / CK John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIEN S : ( / By: / William K. DeBraal, Co ty Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: 014eicit- Ottidi Deputy rk (SEAL) Name,title address phone email Foreign Entity Ownership Affidavit (required with every bid or offer, or contract which gives Entity access to an individual's personal identifying information) The undersigned,on behalf of the Entity listed below,hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138,Florida Statutes. (Source: § 287.138(2)(a),Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: §287.138(2)(b),Florida Statutes) 3. Entity is not organized under the laws of,and does not have a principal place of business in,a foreign country of concern. (Source: § 287.138(2)(c),Florida Statutes) 4. Entity is not owned or controlled by the government of a foreign country of concern,as defined in Section 692.201,Florida Statutes. (Source: § 288.007(2), Florida Statutes) 5. Entity is not a partnership,association,corporation,organization,or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern,as defined in Section 692.201, Florida Statutes,or a subsidiary of such entity. (Source: § 288.007(2),Florida Statutes) 6. Entity is not a foreign principal,as defined in Section 692.201,Florida Statutes. (Source: §692.202(5)(a)(1),Florida Statutes) 7. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203,and 692.204,Florida Statutes. 8. (Only applicable if purchasing real property)Entity is not a foreign principal prohibited from purchasing the subject real property.Entity is either(a)not a person or entity described in Section 692.204(1)(a),Florida Statutes,or(b) authorized under Section 692.204(2),Florida Statutes,to purchase the subject property.Entity is in compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§692.203(6)(a),692.204(6)(a),Florida Statutes) 9. The undersigned is authorized to execute this affidavit on behalf of Entity. orViet44414-sie Si are Y r? Printed Name n �CF / S/Deil/T Title PP /MAC 134/W_ Entity Date: DG "'/z—o2