14-78 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statements of the Governmental Entity, are in full force and effect, and have not been rescinded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.
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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****
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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.
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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