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HomeMy WebLinkAboutResolutions - No. 2011-73RESOLUTION NO. 2011-73 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING SPECIFIC STAFF MEMBERS OF YORK RISK SERVICES GROUP, INC. AS SIGNERS ON THE CITY OF LODI WORKERS COMPENSATION CLAIMS MANAGEMENTACCOUNT T: : : • TTi • i i i i i iiT i STi i TTi • i • i i i i i i i i i i i � i i � � • � • � � � � � � � � I�fTT NOW, THEREFORE, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager, Konradt Barham, to execute Exhibit A (Corporate Authorization Resolution) authorizing those individuals listed as signers on the City of Lodi Workers Compensation Claims Management Account and Exhibit B (Facsimile Signature Agreement), attached hereto on behalf of the City of Lodi. Dated: May 18, 2011 hereby certify that Resolution No. 2011-73 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 18, 2011, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Katzakian, Nakanishi, and MayorJohnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None 2011-73 CORPORATE AUTHORIZATION RESOLUTION FARMERS & MERCHANTS BANK OF CENTRAL CA By: CITY OF LODI PO BOX 3000 P O BOX 3006 LODI, CA 95241-1902 LODI CA 95241 Referred to in this document as "Financial Institution” I E X!„,s r T A. I , Referred to in this document as "Corporation" I, 401DI J01WL , certify that I am Secretary(clerk) of the above named corporation organized under the laws of CALIFORNIA , Federal Employer I.D. Number 94-6000361 , engaged in business under the trade name of CITY OF LODI , and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on Ma* 18, 2011 (date). These resolutions appear in the minutes of this meeting and have not been rescinded or modified. AGENTS Any Agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and Title or Position A. AMBER BLTWLER B. RICHARD H TAKETA C, DEBI L HARRINGTON D. CAROLYN KHO E. F X X X X X X Facsimile Signature (if used) X X 6m X X X X POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, Description of Power Indicate number of D, E, and/or F signatures required NA (1) Exercise all of the powers listed in this resolution. ABCDEF (2) Open any deposit or share account(s) in the name of the Corporation. ABCDEF (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Institution. NA (4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes or other evidences of indebtedness. NA (5) m ABCDEF (6) NA (7) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Box in this Financial Institution. Other LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution. il 1 1 EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated NF If not completed, all resolutions remain in effect. CERTIFICATION OF AUTHORITY further certify that the Board of Directors of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the resolutions on page 2 and to confer the powers granted above to the persons named who have full power and lawful authority to exercise the same. (Apply seal below where appropriate.) ❑ If checked, the Corporation is a non-profit corporation. In Witnese, Whereof, I have subscribed my name to t document and affixed the seal of the tdorAraL7bnw Ma 19 2011 (date). y. ne Secretary a 1985, 1997 Bankers Systems, Inc., St. Owd, MN Form CA 5/1/2005 �� (Page 1 of 2) 7t` AWIDI Jo Ns L I V *I`1111] IM 0197► 61 The Corporation named on this resolution resolves that. (1) The Financial Institution is designated as a depository for the funds of the Corporation and to provide other financial accommodations indicated in this resolution. (2)This resolution shall continue to have effect until express written notice of its rescission or modification has been received and record%d by the Financial Institution. Any and all prior resolutions adopted by the Board of Directors of the Corporation and certified to the Financial Instigution as governing the operation of this corporation's account(s), are in full force and effect, until the Financial Institution receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a resolution must be accompanied by documentation, satisfactory to the Financial Institution, establishing the authority for the changes. (3) The signature of an Agent on this resolution is conclusive evidence of their authority to act on behalf of the Corporation. Any Agent, so long as they act in a representative capacity as an Agent of the Corporation, is authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated on page one, from time to time with the Financial Institution, subject to any restrictions on this resolution or otherwise agreed to in writing. (4) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of the Corporation with the Financial Institution prior to the adoption of this resolution are hereby ratified, approved and confirmed. (5)The Corporation agrees to the terms and conditions of any account agreement, properly opened by any Agent of the Corporation. The Corporation authorizes the Financial Institution, at any time, to charge the Corporation for all checks, drafts, or other orders, for the payment of money, that are drawn on. the Financial Institution. so long as they contain the required number of signatures for this purpose. (6)The Corporation acknowledges and agrees that the Financial Institution may furnish at its discretion automated access devices to Agents of the Corporation to facilitate those powers authorized by this resolution or other resolutions in effect at the time of issuance. The term "automated access device" includes, but is not limited to, credit cards, automated teller machines (ATM), and debit cards. (7)The Corporation acknowledges and agrees that the Financial Institution may rely on alternative signature and verification codes issued to or obtained from the Agent named on this resolution. The term "alternative signature and verification codes" includes, but is not limited to, facsimile signatures on file with the Financial Institution, personal identification numbers (PIN), and digital signatures. If a facsimile signature specimen has been provided on this resolution, (or that are filed separately by the Corporation with the Financial Institution from time to time) the Financial Institution is authorized to treat the facsimile signature as the signature of the Agent(s) regardless of by whom or by what means the facsimile signature may have been affixed so long as it resembles the facsimile signature specimen on file. The Corporation authorizes each Agent to have custody of the Corporation's private key used to create a digital signature and to request issuance of a certificate listing the corresponding public key. The Financial Institution shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed in writing. Pennsylvania. The designation of an Agent does not create a power of attorney; therefore, Agents are not subject to the provisions of 20 Pa.C.S.A, Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code) unless the agency was created by a separate power of attorney. Any provision that assigns Financial Institution rights to act on behalf of any person or entity is not subject to the provisions of 20 Pa.C.S.A. Sect%n 5601 at seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). FOR FINANCIAL INSTITUTION USE ONLY Acknowledged and received on (date) by (initials) ❑ This resolution is superseded by resolution dated Comments: EA15e-r-a-J.' 01985, 1997 Bankers Systems, Inc., St. Cloud. MN Form CA -15/1/2003 (page 2 o 21 if'Itei� Bt�itkill,Q is E�1 ANK Farmers Q Mareft Ynta Bank of Cantrel Galifornla 111111 4 AGREEMENT JEXHIEj B Agreement regarding Facsimile Signatures (Rubber Signature Stamps, etc.) Notforinstructions receivedfhrough Facsimile Transmission such as fhrough Facsimile (FAX) machine ortelecopier Cid Q- Udi Customer/Account Name WovWs Cowl uxsmu w �,Wos Mq�--V ACGA- Account Number (s) 1 v0 1 d M 9 0 Farmers& Merchants Bank of Central California ("Bank") and the Customer named above agree as follows: 1. Bank may honor checks or drafts for the payment of money drawn on Customer'sabove- described accounts when the items bear or appear to bear the facsimile signature of any of the following persons: Print Name Signature Facsimile Print Name Signature Facsimile 2. Bank may honor and charge Customer for such items, regardless of by whom or by what means the actual or purported facsimile signature has been made, provided the facsimile signature resembles the signature, or the facsimile specimen, which Customer has filed with Bank. I All previous authorizations for the signing and honoring of checks, drafts or other orders for the payment of money drawn on Bank by Customer are continued in full force and effect. 4. Customer agrees to hold Bank harmless and indemnify Bank from and against any and all loss, cost, expense, including reasonable attorney's fees, resulting from Bank acting upon such authorization which Bank reasonably believes to have come from the customer. 5. Bank may terminate this agreement at anytime with or without cause or prior notice. Dated: Mav 19 12011 By. -a=, Title: City Manager Farmers & Merchants Bank of Central California—All Rights Reserved 1 - Confidential 06/05 AUTHORIZATION By PublicAgency By signing below, you certify and agree that: The persons signing below are authorized officials of City of Lodi Name of PublicAgency and authorize the person signing on the Facsimile Signature Agreement to enter into a Facsimile Signature Agreementwith Farmers& Merchants Bank of Central California. 2. This Authorization is in addition to any other authorization in effect and shall remain in force until Farmers & Merchants Bank of Central California receives a written notice of its revocation at each location where the accounts are maintained from the Legislative Body of this public agency. Date: 2011 2; 1 By: Title: pgcEr ary (City, Clerk) By: Title:— Farmers & Merchants Bank of Central California— All Rights Reserved Confidential 06/05 -2-