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HomeMy WebLinkAboutAgenda Report - May 2, 2018 C-11TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C•-- I 1 AGENDA TITLE: Adopt Resolution Authorizing Specific Staff Members of York Risk Services Group, Inc., as Signers on the City of Lodi Workers Compensation Claims Management Account and Further Authorizing the City Manager to Update York Signers to the Account as Needed MEETING DATE: May 2, 2018 PREPARED BY: Supervising Budget Analyst RECOMMENDED ACTION: Adopt resolution authorizing specific staff members of York Risk Services Group, Inc., as signers on the City of Lodi Workers Compensation Claims Management Account and further authorizing the City Manager to update York signers to the account as needed. BACKGROUND INFORMATION: The City of Lodi maintains a trust account at Farmers and Merchants Bank (F&M) that is used by the City's workers compensation third -party claims administrator to make claim payments to physicians, medical service providers, injured employees and other parties active in the workers compensation arena. York Risk Services staff has been authorized by City Council as signers on this account since December 2009. Recent York staff changes necessitates an update in authorized signers as shown on Exhibit A (Corporate Authorization Resolution). The attached exhibits provided by F&M state in part that "the signature of an Agent on this resolution is conclusive evidence of their authority to act on behalf of the Corporation." F&M requires City Council authorization and the signature of the City Manager on these exhibits in order for the York staff signers to be updated on the trust account. Staff recommends authorizing the City Manager to execute the attached 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) on behalf of the City of Lodi. Staff further recommends authorizing the City Manager to update the York signers to the account as needed. FISCAL IMPACT: None. FUNDING AVAILABLE: Not applicable. Andrew Keys � Deputy City Manager/Internal Services Director APPROVED: en Scher, City Manager CORPORATE AUTHORIZATION RESOLUTION FARMERS & MERCHANTS BANK OF CENTRAL CA By; CITY OF LODI PO BOX 3000 P 0 BOX 3006 LODI, CA 95241-1902 LODI CA 95241 EXHIBIT A Referred to In this document as "Financial Institution" Referred to In this document as "Corporation" , 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 (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 es indicated below: Name and Title or Position Signature Facsimile Signature (If used) A. LEEANN OLSEN AUTHORIZED SIGNER X g SASWATA MUKHERJEE AUTHORIZED SIGNER X - X C. ANGELA R BROCK AUTHORIZED SIGNERX X art D. X X E. X X F. - X X POWERS GRANTED (Attach one or moro Agents to each power by placing the letter correaponding 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 ell of the powers listed In thls resolution, ABCDEF (2) Open any deposit or share account(s) In the name of the Corporation. ABCDEF (3) Endorse chocics and orders for the payment of money or otherwise withdrew 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) Endorse, assign, transfer, mortgage or pledge bilis 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 end notice of non-payment. ABCDEF (6) Enter Into a written lease for the purpose of renting, maintaining, accessing end terminating a Safe Deposit Box in this Financial institution. NA (7) Other LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution, EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated NA . If not completed, all resolutions remain In effect, CERTIFICATION OF AUTHORITY I 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 ebove to the persons named who have full power and lawful authority to exercise the anmo. (Apply seal below where appropriate.) gill` chocked, the Corporation Is a non-profit corporation. In Witness Whereof, I hove subscribed my name to this document and affixed the seal of the Corporation on (date), Attest by One Other Officer Secretary '-'--'�r 1: © 1995, 1997 Bankers Systeme, Inc., Sc. Cloud, MN Form CA -1 5/1/2003 (page 1 ore) RESOLUTIONS The Corporation named on this resolution resolves that, (1) The Financial Instltutlon 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 aontlnue to have effect until express written notice of Its rescission or modification has been received and recorded by the Financial Institution. Any and all prior resolutions adopted by the Board of Directors of the Corporation and certified to the Financial Institution as governing the operation of this corporation's account(s), are In full force and effect, until the Financial Instltutlon 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 Flnanclal Instltutlon, 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. (6) 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 Instltutlon 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 le 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 elgnature 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 ere filed separately by the Corporation with the Financial Institution from time to time) the Financial Instltutlon la 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 filo. 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 Ps,C,S,A, Section 5601 et seq. (Chapter 66; 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. Section 5601 et seq. (Chapter 66; Decedents, Estates and Fiduciaries Cade). FOR FINANCIAL INSTITUTION USE ONLY Acknowledged and received on (date) by (lnitlale) ❑ This resolution Is superseded by resolution dated Comments: Exp -5.1014 &1 1955, 1997 Bankers Systeme, Inc., St. Cloud, MN Form CA -1 5/1 /2003 (page 2 of 2) EXHIBIT B F&MBANK Farmers & Merchants Dank of Central Callfornla FACSIMILE SIGNATURE AGREEMENT Agreement regarding Facsimile Signatures (Rubber Signature Stamps, etc.) Not for Instructions received through Facsimile Transmission such as through Facsimile (FAX) machine or telecopier. o C u to r/Account Na e �otA ho Account Number (s) �oo,o I1i+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's above- described accounts when the items bear or appear to bear the facsimile signature of any of the following persons: OLSUJ 0-A0-- ' u -k . e9C,\ cin tr) Print Name Sig atu : Facsimile A4 4oicm.d 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. 3. 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 any time with or without cause or prior notice. Dated: _ , 20By: Authorized Signature Title; Farmers & Merchants Bank of Central California — All Rights Reserved 1 Confidential 6-2005 AUTHORIZATION By Public Aoency- By signing below, you certify and agree that: t The persons signing below are authorized officials of o -' LID CU Nanta of Public Agency and authorize the person signing on the Facsimile Signature Agreement to enter into a Facsimile Signature Agreement with 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: By: By: Title: Title: Farmers & Merchants Bank of Central California — All Rights Reserved - 2 - Confidential 6-2005 YORK:, Check Image Facsimile Signature Approval Form Client Name: Client Cocke: BLACK INK ONLY PLEASE (Printed) Signer's Name: Sas MukherJee (The signature should be Inside the box below, not touching any lines- please scan at 600 dpi) Signature to be Used on Checks: Client's Authorization Signatiiax (Printed) Name: Date: Please send this completed original document to: York Risk Services Group, Inc, Attn: Tiffany Lambo P.O. Box 1700 Rancho Cucamonga, CA 91729 RESOLUTION NO. 2018-76 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 MANAGEMENT ACCOUNT AND FURTHER AUTHORIZING THE CITY MANAGER TO UPDATE YORK RISK SERVICES GROUP, INC., SIGNERS TO THE ACCOUNT AS NEEDED WHEREAS, the City of Lodi maintains an account at Farmers and Merchants Bank that is used by the City's workers compensation third -party claims administrator to make claim payments to physicians, medical service providers, injured employees, and other parties active in the workers compensation arena; and WHEREAS, York Risk Services Group, Inc., signers need to be updated on the account from time to time. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager, Stephen Schwabauer, 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; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to update York Risk Services Group, Inc., signers to the account as needed. Dated: May 2, 2018 I hereby certify that Resolution No. 2018-76 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 2, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None NIFER FERRAIOLO City Clerk 2018-76 CORPORATE AUTHORIZATION RESOLUTION FARMERS & MERCHANTS BANK OF CENTRAL CA By: CITY OF LODI PO BOX 3000 P 0 BOX 3006 LODI, CA 95241-1902 LODI CA 95241 EXHIBIT A Referred to In thls document es "Financial Institution" Referred to In this dooument as "Corporation" CALIFORNXA , certify that I am Secretary (olerk) of the above named corporation organized under the raws of Federal Employer I.D. Number 94-6000361 engaged In business under the trade name of , and that the resolutions an this document are a correct copy of tho resolutions adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on (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 end Title or Position Signature Facsimile Signature (If used) CITY OF LODI A. LEEANN OLSEN AUTHORIZED SIGNER B. SASWATA MUKHERJEE AUTHORIZED SIGNER C. ANGELA R BROCK AUTHORIZED SIGNER X , _ r�— D, X E. F. X X POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, D, E, and/or F NA ABCDEF Description of Power (1) Exercise all of the powers listed In this resolution. (2) Open any deposit or share account(s) In the name of the Corporation. ABCDEF NA NA (3) (4) (5) ABCDEF (6) NA (7) Other In the area before Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Instlrution. Borrow money on behalf and In the name of the Corporation, sign, execute and deliver promissory notes or other evidences of Indebtedness. Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bilis of fading, 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 hills 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. LIMITATIONS ON POWERS The following are the Corporation's express Ilmltatldns on the powers granted under this resolution. EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated CERTIFICATION OF AUTHORITY 1 further certify Mut the Board of Directors of the Corporation has, and at the time adopt the resolutions an page 2 and to confer the powers granted above to the p the same. (Apply soul below where appropriate.) each power,\ Indicate number of signatures required NA . If not completed, all resolutions remain In effect. of adoption of this resolution had, full power and lawful authority to organs named who have full power and lawful authority to exeroiao ©If checked, the Corporation Is a non-profit corporation. In Witness Whereof, 1 have subecrlbed my name to this document and affixed the seer of the Corporation on (date). Attest by One Other Officer M ,p 1995, 1997 Bankers Systems, Inc., St. Cloud, MN Form CA•1 5/1/2003 Secretary (page 1 of 2) RESOLUTIONS 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 thls resolution. (2) This resolution shall aontlnue to have effect until express written notice of Its rescission or modification has been received and recorded by the Financial Institution. Any and all prior resolutions adopted by the Board of Directors of the Corporation and certified to the Flnanclel institution as governing the operation of this corporation's account(s), ere In full force and effect, until the Flnanclal 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 oopacity 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 Flnanclal 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 Flnanclal Institution prior to the adoption of this resolution are hereby ratified, approved and confirmed. (6) 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 ell chocks, 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)Tho Corporation acknowledges and agrees that the Financial Institution rosy 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 tha time of issuance. The term "automated aooesa device" Inaiudes, but Is not limited to, credit cards, automated teller machines (ATIN), 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 thls 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 Instltutlon 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 uaed to create a digital signature and to request Issuance of a certificate listing the corresponding public key, The Financial Institution shell 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. Section 6601 et seq. (Chapter 68; Decedents, Estates and Fiduciaries Code). Acknowledged and received on Comments; FOR FINANCIAL INSTITUTION USE ONLY (date) by (initials) ❑ This resolution Is superseded by resolution dated j�fyM © 1986, 1897 Bankers Systeme, Inc., St. Cloud, MN Form CA -1 6/1/2003 (page 2 of 2) F&MBANK Farmers & Merchants Bank of Central California EXHIBIT B FACSIMILE SIGNATURE AGREEMENT Agreement regarding Facsimile Signatures (Rubber Signature Stamps, etc.) Not for Instructions received through Facsimile Transmission such as through Facsimile (FAX) machine or telecopier. V1 O4 eLi u to r4& 5 r/AccountL..o Nape �Y.-e, en Scar ff' j t3yl Farmers & Merchants Bank of Central California ("Bank") and the Customer named above agree as follows: Account Number (s) 00P 1 11-40( 1, Bank may honor checks or drafts for the payment of money drawn on Customer's above- described accounts when the Items bear or appear to bear the facsimile signature of any of the following persons: e ck-e tooA0-- HuJe-kat-e. Print Name Sig at r: Oa -m-0, c -N Facsimile A-k.vokc1ne.d Print Name Print Name Signature Signature Facslmlle Facsimile 2. Bank may honor and charge Customer far 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. 3. All previous authorizations for the signing and honoring of checks, drafts or ether 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 ail loss, cost, expense, including reasonable attorneys 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 any time with or without cause or prior notice. Dated: , 20_ By: Authorized Signature Title: Farmers & Merchants Bank of Central California —Ail Rights Reserved - i . Confidential 6-2005 AUTHORIZATION By Public Agency By signing below, you certify and agree that: 1. The persons signing below are authorized officials of n Name of Public Agency and authorize the person signing on the Facsimile Signature Agreement to enter Into a Facsimile Signature Agreement with 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 recelves a written notice of its revocation at each location where the accounts are maintained from the Legislative Body of this public agency. Date By: Title: By: Title: Farmers & Merchants Bank of Central Callfornla — All Rights Reserved - 2 - Confidential 6-2005 •z:a:a �t�'m-arrm=.: -r. c^+�. .-n rr:. rr.,•. cr -• - .,064000. - YORK YORK Check Image Facsimile Signature Approval Form Client Name: Client Code: (Printed) Signer's Name: BLACIC INK ONLY PLEASE Sas Mukher(ee (The signature should be inside the box below; not touching any lines- please scan at 600 dpi) Signature to be Used on Checks: Client's Authorization Sign ttiu'i (Printed) Name: Date: Please send this completed original document to: York Risk Services Group, Inc. Attn: Tiffany Lambo P.O. Box 1700 Rancho Cucamonga, CA 91729