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HomeMy WebLinkAbout14-78 Resolution No. 14-78 RESOLUTION AUTHORIZING EXECUTION OF FIFTH THIRD BANK'S ACCOUNT RESOLUTIONS CERTIFICATE FOR TREASURY MANAGEMENT SERVICES GOVERNMENT ENTITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Fifth Third Bank's Account Resolutions Certificate for Treasury Management Services Government Entity, a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Account Resolutions Certificate for Treasury Management Services (Government Entity) To Fifth Third Bank: I HEREBY CERTIFY THAT: I am the duly elected or appointed and currently serving official, manager or trustee (the "Official") of the governing body or governmental entity identified below (the "Governmental Entity") I am duly authorized to make the following certifications to you; and The following resolutions ("Account Resolutions") were duly adopted by the governing body of the Governmental Entity in accordance with applicable law, are the binding resolutions and statements of the Governmental Entity, are in full force and effect, and have not been rescinded or modified: RESOLVED, Fifth Third Bank is hereby designated as an authorized depository of this Governmental Entity and that one or more checking, savings or other deposit accounts ("Accounts") be opened and maintained with Fifth Third Bank in the name of the Governmental Entity; RESOLVED FURTHER, that the opening and maintaining of the Accounts, all transactions in connection with the Accounts and all related services will be governed by written agreements provided by Fifth Third Bank, and by such rules, regulations and policies as Fifth Third Bank shall from time to time establish; RESOLVED FURTHER, this Governmental Entity is authorized to obtain banking services from Fifth Third Bank including treasury management and corporate card services, and to enter into such agreement or agreements and documentation for such services as are required by Fifth Third Bank from time to time, including a Master Treasury Management Agreement, Terms and Conditions for various banking services, Signature Card, Commercial Card Agreement and Commercial Account Rules ("Banking Agreements") each of which, when accepted or signed by an Authorized Person described below is approved and authorized in all respects; RESOLVED FURTHER, that the Governmental Entity is authorized to incur and repay indebtedness, grant or give security, and incur and perform related liabilities and obligations to Fifth Third Bank in connection with the banking services obtained by the Governmental Entity under the relevant Banking Agreements, including, without limiting the foregoing, with respect to: (a) transactions executed for the Governmental Entity by Fifth Third Bank, (b) credit card services under the Commercial Card Agreement, and (c) import and export services for letters of credit as provided in the Terms and Conditions for such import and export services and related reimbursement, financing and security or collateral arrangements; RESOLVED FURTHER, that the Governmental Entity is authorized to enter into, execute and deliver to Fifth Third Bank applications, documents, notes and agreements July 2010 reflecting or evidencing such indebtedness, security, liabilities and obligations including those related to letters of credit, confirmation and payment services, reimbursement arrangements and related loans, lines of credit or similar financing arrangements, and security and collateralization arrangements, and a note or notes, security, pledge or similar agreement evidencing or securing such arrangements ("Banking Services Financing Agreements") each of which, when submitted, accepted or signed by an Authorized Person is authorized and approved in all respects; RESOLVED FURTHER: that (a) each of the individuals identified in the table entitled "Authorized Persons" appearing below and (b) any other person designated by any such individual whose identity and signature are provided to Fifth Third Bank (each, an "Authorized Person" and for purposes of certain Banking Agreements, an "Authorized Agent") is authorized on behalf of the Governmental Entity and in its name to do any of the following: • Accounts and Agreements. Open or close any deposit or other Account and execute on behalf of the Governmental Entity signature cards (and designate persons with check signing authority), application forms, authorization, set-up and other documentation and agreements with Fifth Third Bank with respect to the Accounts and any services related to the Accounts including each of the Banking Agreements and Banking Services Financing Agreements; • Payment Instructions. Issue, and designate persons with the authority to issue written, telephonic, electronic, internet-based or oral instructions and payment orders for the transfer or payment of funds of the Governmental Entity on deposit with Fifth Third Bank (or at any other financial institution) including by wire transfer, automated clearing house debit, book transfer and other physical and electronic means; • Implementation and Setup. Select the services the Governmental Entity will obtain from Fifth Third Bank, and instruct Fifth Third Bank on service options and features desired by the Governmental Entity, and the set up, implementation and security procedures relating to the services selected; and, • Authorization. Designate, and advise Fifth Third Bank of the identity of persons (including officers and employees of this Governmental Entity or its service providers) who have some or all of the authority of an Authorized Person with respect to one or more Accounts of the Governmental Entity or services utilized by the Governmental Entity, and limitations on the scope of such authority, if any, including a person or persons who will serve as administrator or service administrator with respect to a service or services obtained by the Governmental Entity and will have authority to: manage the service on behalf of the Governmental Entity; select and administer security and operating procedures; designate persons as authorized users of a service; and, enable and administer user identification codes, passwords and other identification data. 2 RESOLVED FURTHER, that all actions of the Authorized Persons, and all agreements, applications, documents and authorizations executed and delivered by the Authorized Persons prior to the date of these resolutions and in connection with the transactions contemplated by these resolutions are ratified, confirmed and approved in all respects; RESOLVED FURTHER: Fifth Third Bank is authorized to rely on the full and unrestricted authority as provided in these resolutions of any one Authorized Person unless otherwise certified to Fifth Third Bank by the Official; RESOLVED FURTHER, that the Official is authorized to deliver a certified copy of these Resolutions to Fifth Third Bank and certify to Fifth Third Bank the name, title and specimen signature of each Authorized Person. I further certify that: • these resolutions do not conflict with or contravene the laws, rules, regulations or ordinances creating, authorizing or empowering the Governmental Entity or governing the organization or management of the Governmental Entity or similar governing documents of or any agreement, law or regulation applicable to the Governmental Entity; and • each of the following persons has been designated by the Governing Entity as an Authorized Person with the authority specified in the foregoing resolutions, and the signatures indicated below are genuine signatures of the indicated persons: AUTHORIZED PERSONS Name of Authorized Title of Authorized Specimen Sienature Person Person of Authorized Person 1. David J. Kaptain Mayor 2. 3. 4. 5. 6. ****EXECUTION PAGE FOLLOWS**** 3 IN WITNESS WHEREOF, I have subscribed my name to this Certificate on behalf of the following Governmental Entity: Exact Name of Governmental Entity: City of Elgin Acting under the law f 11 inois Signature: Print Name: David J. Kaptain Attest: Title: Mayor Kimberly A. ewis Dated: June 11, 2014 City Clerk Note: a "Governmental Entity" includes any federal state county or municipal governing body or entity, or any of their respective branches, departments, agencies, or divisions. 4 ELGIN THE CITY IN THE SUBURBS- DATE: June 18, 2014 TO: Barb Furman, Paralegal FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 14-78 Adopted at the June 11, 2014, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. Fifth Third Bank's Account Resolutions Certificate for Treasury Management Services Government Entity