Selection of depositories, competitive bid process — definitions — requirements — contracts — records
Effective Aug 28, 2024(L. 2024 S.B. 1359)
1. As used in this section, the following terms shall mean:
- (1) "Depository", banking institution headquartered in or maintaining a full-service branch in this state which is selected by a municipality to hold and manage public funds;
- (2) "Governing body", any city council, board of aldermen, or board of trustees;
- (3) "Municipal depositories", any state-chartered or federally chartered banking institution as defined in Article IV, Section 15 of the Constitution of Missouri;
- (4) "Municipality", any city or village in this state;
- (5) "Public funds", funds owned or controlled by a municipality, including tax revenues, fees, grants, and other sources of income.
2. All municipalities shall select depositories through a competitive process in accordance with the provisions in this section. The governing body of each municipality shall develop and publish a request for proposals which shall outline the requirements for selecting one or more municipal depositories. Such requirements shall address or include the following matters:
- (1) The municipality shall use due diligence for determining the financial stability and soundness of the depository based on publicly available financial reports and other public sources;
- (2) Safe custody and liquidity of public funds, including deposit insurance coverage and pledge of collateral or investment in appropriate government securities as authorized for public funds;
- (3) Interest rates and fees offered;
- (4) Services offered, including online banking, cash management, deposit sweep and repurchase accounts, investment in a common trust fund in eligible securities for municipalities and political subdivisions, and other banking service options;
- (5) Compliance with all applicable state and federal banking regulations;
- (6) Convenient and efficient treasury functions, including if the location of the depository institution shall be required to be located within the municipality or in the same county as the municipality.
- 3. Banking institutions interested in becoming the municipal depository shall respond to the municipality's request for proposals within the time frame specified by the municipality in the request.
- 4. The governing body shall evaluate the proposals based on the criteria outlined in the request for proposals and select a banking institution that best meets the municipality's needs and objectives.
- 5. The selected banking institution shall enter into a contract with the municipality outlining the terms and conditions of the depository relationship, including, but not limited to, the interest rates, fees, and services to be provided.
- 6. Municipalities shall maintain records of the selection process, including all proposals received by the municipality for a period of two years.
(L. 2024 S.B. 1359)