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HomeMy WebLinkAboutCC RES 86-008RESOLUTION NO. 86-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALlFORNIA. RESCINDING RESOLUTION N0. 84-103 AND AUTHORIZING THE APPLICATION FOR CITY CREDIT CARDS AND SIGNATURES THEREFOR. WHEREAS, it is desirous for the City of Palm Desert, California, to utilize a credit card for certain purchases usually paid for with cash; NOW, THEREFORE, 8E IT RESOLVED by the City Council of the City of Palm Desert, California. as follows: Section 1: That the City Clerk be authorized and hereby directed to execute Exhibit "A" attached hereto and made a part hereof . Section 2: That the Mayor is hereby authorized and directed to execute Exhibit "B" attached hereto and made a part hereof . Section 3: Said credit cards shall be issued in the following names. each with a limit not to exceed $1,000; 1. Bruce A. Altman 2. Kirby J. Warner 3. Larry McAllister City Manager Director of General Services Administrative Services Officer Credit cards will be kept in the safe by the Director of General Services for petty cash purchases of Food and supplies for various Council events, confirmation of hotel and fight reser- vations and other uses specifically approved by the City Manager. PASSED. APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, this 23rd day of January, 1986, by the followtng vote. to wit: AYES: 6enson, Snyder, Wilson and Kelly MOES: None A85ENT: Jackson ABSTAIN: None APYIL.I aJ'-- � QY O,�U:r�n�',.:�: �� ��� ..I`�_� , : � ��-r��: .. .i � Z� � �S�.11 ... .... t � � ATTEST: - i� �.v,!� �� ;� y� SHEILA R. LIGAN. CI CLERK C[TY OF PAIM DESERT, ALIFORNIA _ / RICH RD . KELLY, MAYOR � L/�II 1 V � {. /� ORPORATE RESOLUTION TO OE 1N CREDIT CARD ACCOMMODATIONS lHEREAS, this corPontion CIiY OZ P�U�! DESbR? , desires to obtain financial accommodation �om SECURITY PACIFIC NATIONA� BANK (hereinafter called "Bank"1, pursuant to the use of a number of Bank's Credit Cards y ths off'ioas and ap�nts of this ooryoratbn; and WHEREAS, this oorporation intend� to suthwize iu officers and agents to use such Credit Cards for and in connection with corporate business; and WHEREAS, this corporation desires that wch Credit Cards be issued in the name(s1 of officers and agents to be designated to Bank by this corporation and that all indebtedness incurred through the use of such Credit Cards or any of them be charged directly to this carporstion; and WHEREAS, Bank will not extend wch accommodations by issuing such Credit Cards unless this corporation agrees to assume sole responsibility for ths use of such Crodit Cards or any of them, and to paY Bank for all indebtednesa incurred by use of such Credit Carch or any of them, whether such use or indebtedness was authorized or unauthorized by this corporotion. NOW, THEREFORE, be it resolved that this corporation apply to Bank for the issuance of Credit Cards in the name(s) of officers and agents of this oorporation. RESOLVED FURTHER, that this corporation agrees to assume sole responsibility for the use of such Credit Cards or any of them, and to psy Bank for all indebtedness incurred by use of such Credit Cards or any of them, whether such use or indebtedness was authorized or unauthorized by this corporation. RESOLVED FURTHER, that the CITY CLERK of this corporation is authorized to designate to which officers and agents of this corporation Credit Cards are initially to be issued, and to make additions to or deletions from such list of �fficen and agents authorized to use such Credit Cards and to so notify Bank in writing. In the case of additions, such notice to Bank iall authorize Bank to issue such Credit Cards in the names of said additional officers and agents. In the case of deletions, this �rporation shall be liable for the use of such Credit Cards or any of them until said Credit Cards or any of them are returned to Bank ,,r Bank is notified of the loss or theft of said Credit Cards or any of them. RESOLVEO FURTHER, that Bank is authorized to act upon this resolution until w�itten notice of its revocatio� is delivered to 8ank, and that the authority hereby granted shall apply with equal force and effect to the successors in office of the officers herein named. RK �, SHEILA R. GILLIGAN ������i� , a corporation, incorporated under the laws of the STATE OF CAI.IFORNIA , do hereby certify that the foregoing is a full, true and correct copy of a resolution of the Board of Directors of said corporation, duly and regularly passed and adopted at a meeting of the Board of Directors of said corporation which was duly and regularly called and held in all respects as required by law, and by the by-laws of sajd corporation at the office thereof on the 23rd day of JANUARY , 19$�, at which meetiny a majorlty of the Boud of Oirectors of said corporation was present and voted in favor of said resolution. I further certlfy that said re�olution is still in full force and effect and has not been amended or revoked and that the specimen signatures appsaring on ths Crodit Grd Agreement (Company) are the signatures of the officers and agents authorized to sign for this corporation by virtue of this re�olution. IN WITNESS WHEREOF, I have hereunto set my hand as such Secretary, and affixed the corporate seal of said corporation, 24th day of JANUARY �a g� 07{01� �-W • 2! f 0Y CITY OF PAI2t DTSER? A Corporotion Criliu� l, n JSINESS MANAGEMENT ACCO 'T AUTHORIZED CARDHOLDERS NAME OF COMPANY: CI?Y 0! PA11�! DESERT ACCOUNT NUMBER: 114625 AMOUNT OF CREOIT LINE: $ 2.000.00 FOR THIS ACCOUNT NUMBER CARDHOLDER �1: NAME: Kirby J. Warner TITLE• General Service Dirsctor StGNATURE: CARDHOLDER #2: NAME: �rrY Mc Alllater TITLE: - ���-str.ttitta S�wi��s Offica- f SIGNATURE: ���E�� The above persons are officers or agents authorized to use Bank Cards pursuant to the Business Management Account (Company) Agreement and Disclosure executed by the undersigned on behalf of the Company named above. DATE: JANUARY 24, 1986 BY: � BY: SHEZLA R. GILLIGAN, CITY tiL`I.ERK Print or type Name and Titie Authorized Signature Print or type Name and Title ,n�a+ ,ws so tXhlbl� H JSINESS MANAGEMENT ACCO T AUTHORIZED CARDHOLDERS ; AE OF COMPANY' CI?Y 0� PAI�t DBSS�tT ACCOUNT NUMBER: 124014 AMOUNT OF CREDIT l.INE: $ Z r �00.00 FOR THIS ACCOUNT NUMBER CARDHOLDER �1: NAME: TITLE: SIGNATURE: CARDHOLDER #2: NAME: Bruce A. Altman TITLE: SIGNATI The above persons are officers or agents authorized to use Bank Cards pursuant to the Business Management Account (Company) Agreement and Disclosure executed by the undersigned on behalf of the Company named above. 1 • %� � / . � � DATE: JA`'1UARY 24 � 1986 dY: x' ' SHEILA R. GILLIGAN, CITY CL�RK Prirtt or type Name and Title BY: Authorized Signature P�int or type Name and Title ,xeeao ,o-es so BUSINESS MANAGEMENT ACCOUNT (COMPANVj A�roement And Disclosun Exhibit B To: s�cunm P��c wmow►� sr►r�c rneur�rsgned, CITY 0! PAU! D8S&Y?� a Munie ��c,��r,�„n corporat►on, partners �p, s e propnet sh�p, e c.j . c'��ompany"), Wnos. a;na� �ace m bus�ness n at 73-510 Fred Wtring Drf vw � p. �� n���==rs�u� will hom time to tlrtls rsqwst in wtitlnQ that S�CtMitr P�CifiC National Bank issue Bank Cards in Con�unc0on witt� a Ilne of credit (' account ) to Company m the names C ottice►s and aysnb of Company, for use in c�x+ecti�on with Cort+PanY�s bus�ness. This is the agreement t�at coven yow account wit� us, which Is one ot the follow�ng types: Bank Card Only Ready ReservAccounUBank Card The words "your" and "you" in this agreement mean the Company and anyone else authonzed to use the account. Secunty Pacific National Bank �s referred to as our "us" and "we". t. Usen Of Your Aceo�xK. You agree: A. That uss ot any Bank Card by the penon ("Holder") whose name appears ambossed thereon pursuant to your request or by any perso� authonzed by the Noider to uss sud� Bank Card. shall subject you to the terms and conditions set forth in th�s agreement. In case of deietions from your list of otticers and agents author�zed to use Bank Card�, the Company shall be liable fw Me use of such cards unt�l the Bank Cards are returned to us or we are notified of the loss or theR of those Bank Cards. 8. To asaume sole responsibility for the use of arty and all Bank Cards �ssued to any Holder pursuant to your request. 2. tlsinq Your Aceounf. A. If you have a Ready ReservAccount, amounts aCvanced under the Fieady ReservAccount are loans to you and are made by Ready ReservAdvances �n the tollowing ways: 1. direclly to your checking account in multiples of 5100,00 �t your cnecking ;ccount does not conta�n sufficient funds to pay checks or other charges dra•+vn againet it. !f ths unused credit avulable is tess than 5100.00 the� the unused amount will be advanced �f suffiCient to pay the cheCk! or oMer items. Any cheCks o►othe� charges presented agamst your check�ng account �ncludi�g checks drawn uy someone appomted by you as your agent, will be cons�dered a request for crsdit under the terms of this agreement. 2. any amount in cash up to the maximum credit remaininy on your accourtt by requesting the advance of any of our banking omces. 8. If you have a Bank Card, which may be a MasterCard, V�sa or both, a Holder may use �t after he or she s�gns the signature panel on the Card: 1. to purchase or lease goods and services From seilers or lessors who honor the Card(s); and 2. to obtain Bank Card Cash Advances from any of our bank�ng offices or other �nst�tut�ons author�zed to make such advances. 3. P�rments. Your account is opened with the unders!and�ng that you w�ll pay the full balance each b�lling cycle before the next B�Iling Dats shown on the state� However, you may pay less tAan the tull balance due up to two b�tling cycles per year from the anrnversary date {or periodic revlew) of your account. You prom�se to pay us on or before 15 days after the B�Il�ng Date shown on your ;,tatement either: A. The entrre balance due, or 8. (Up to two billing cycles per year) the greater of =10.00 or ar� amount equal to 4�hx (rounded to the nearest dollar) of the New Balance shown on your statemen� plus any past due amounts, or C. It the balance is =10.00 or less, the entire balance If you do not make the minimum payment due. we may ievy a late charge of s.05 per doilar due and urtpa�d at the next statement date, not exceeding t5.00 pe� statement on cred�t iines ot 53,500.00 or iess. 510.00 on cred�t i�nes �n excess of s3,500.00. �ve can acceat part�ai oayments markcd �a�o �n'u � 3nC �.ate paymen!s n.��out !os�ng our nghts �,����'-�� 3,�ee�-e^! Payments receiveC during the ^oste^ __ nours at any ot our 5ankmg off�ces or ma�lea to tne ac�;ress sh��wr. ur your payment t:cket �r •-� ��z a�,= ;,� �;r�c^ ac�ompar•es yo��r statement N�ii �a ,:�ecJ:�:: � of t�e date of rece:pt �Ma��ed payments may not be rece�veC by us �c� several tlaysl Paymert� -2ce•ve� ��c,.yn ;,,r,er �ac,l�t�es s�cn as'.t'-+ik-Up antl !��c�cr �a•�� � Teller +ac�ht�es dunng extended hours. �uick Serv�ce Boxes, or ReaCy i euer mach�nes m�y not �e c�a: !e� `or •.� co 5 days 4 Credit limit. The Hoiders shalt not exceed the cred�t hnut +or your account. A ietter adv,smg you c' yo.. .� e�.t � m,t •s ;�,n; saparaie,y Tre .>va�labl� CreCd s s� _.v on the tror.t of eact� statement and reduced by purchases, advances. Finance Charges. �ate cna� ^yE5 c7nr�a� membersh�p fees and otner charges. You agree thc� :� may. m our discrehon, reduce the credit limit by the amount of any rrGuest for authonzaUcn `: ;;m a se��e� �� �ssor :.no nono� s the Card(s) even rt the a.nuu^t ha_ �< yet been posted to your account. 5. Finane� Chary�. The FINANCE CHApGE shown on the statement consists of your (A} penodic rate charges and (B) transfer fees. A. We calcutate periodic rate charges by muttiplying the Amount Subject to Periodic Rate by the applicable monthly periodiC rate shown beluw: Credit Line Penod�c Rate 53,500.00 a less per account number 1.70 %� Over =3.500.00 per account number t.a5°�o The Amount Subject to Periodic Rate is the sum ot the amounts descnbed in 1 and 2: ANNUAL PERCENTAGE RATE 20.4•/. 17 4% L TAe amount determined by dividmg the sum ot the da�ly unpa�d balances of purchases and casn aovances �rntially posted to your account du� ^g �, previous billing cycle by Me number of deys in that CyCle. For this purpose. the daily unpaid balance �ncludes those purchases and cash advances as of tne aa they were posted to your account and refiects payments and �retl�ts made tlunng that cycle to che extent they exceeded the Previous Balance of tnat �, : 2. The amount determined by dividing the sum of tn? da�ly unpa�d balances to► the current b�U�ng cycie by the number ot days �n the cycle. For t��s purpos dady unpaid baiance meang the baiance owing on each day. refiecting all payments and cred�ts postea to your account dur�ng th�s cycls, but not reflect�n new purchases. advances, FINANCE CHARGES, iate charges. annua� membersn�p fees or otner charges �rntiaily posted to your account dunng th�s �� B. We calculate transfer fees by chargmg you a one-ame transfer fee of 4X (2X if you have our Ready ReservAccount) of the amount of any Bank Card AdvanCe or Ready ReservAdvance. The Amount Sub�ect to Transfer Fees equals the sum of all such advances dur�ng the C�rrent posung cycle. It you pay t�e New Balance shown on your statement before your next Billing Date. no per�odic rate cnarges w�1i be �mposetl dunng the next posting cyc�e if you not pay the New Balance before thatdate, perioCic rate charqes w�1! start on the date purchases, Bank Card Cash Advances, and Ready ReservAdvances shown your previous statement were posted to your aocount. o�eoss �as 2s c�sr s: on�. c�.�.s. A. Annual Fes. In consideration of the iss� by us of Maste► Card antlfor Visa Bank Card(s), you a charged a rwn�efundable annual rt►embership fee of i4S.00 fOr each HOlder issued B�nk Cuds on y�ur eCCount. The annual membership �ee w�ll be assesse., on your first billing gtatement and annually thereafter. B. Copes. You may bs char9sd i.1.50 Pe► photocopy H you request copies of draRs unless research reveals a billing errpr a� �enn� py fede►d ar stats law. C. Collection Fees. You ayree to pay all Costs, including reasonable attorneys fees, incurred in the enforcement o( the obligatfon under the account. Overlimit Fe�. You wiN be charfled =70.00 Curing the billing cycle if your balance exceeds your credit limit by 10% or more, although arty amount by wh�Cft you ceed your credit limrt is a dsfault punwnt to paragraph 4 of this agreement. r�iyn T►ans�erions. Payment must be made to us m U.S. dollars for charges you �ncur �n any other currency. The Merchant Bank or foreign financial institution � convert tfie foreign hansacGo�i to U.S. doNars. 8ecause ihe convers�on may occur after the transaction date, the conversion rate may di!!er from the rate m ettect . the time of the transactfon. You agree to pay the converteA amo�nt to us pius any charges tor convers�on that may be imposed. 8. Fin�ncial Stat�nMnts. You agree to furnish cunent financial �nformaoon upon request. 9. Chanp� Of Addnss. You agree to notlfy us oi any change in your ma�l�ng address. t0. Credit Iniortnatlon. You agree that we may release information to others, such as other fina��c�al �nst�tut�ons and cred�t bureaus, regarding the status and h�story of your account. 11. Califomia Law. Your acCount wlll be govemed by Caldornia law even rf you use your account outs�de of CaGforrna. 12. Renewal. Unless you notify us to the contrary in wnting th�rty (30) days prior to the ezpiration date of the outstanding Bank Cards, we shall issue to Holders renewal Bank Cards, all to bear such expiration dates as we may, at our d�scretion, determfne. 13. Waivers. Failure or delay to exercise any of our rights under this agreement in any instance shall not constitute a waiver Of any ot our other rights. 14. Am�ndntint You agree that we may amend or modify the terms of this agreement anytime by ma�ling wr�tten notice to you at Me address shown �n uur reccrds. The new terms will apply to new purchases and advances and also the outstanding balance �n your account. 15. Assiq�nt No r�ghts hereunder are subject to assignment by you. �6. Lost Or Stol�n CaMs. If any Bank Card is lost or stolen, you agree to notify us immediately anC to tell us wnat you know about the loss or theR. You are protected agamst fraudulent use of the Bank Card when you not�fy us of the thett or loss of the Bank Card. Your max�mum i�ability �s SS0.00 should you fail to �eport the theft or loss of any card. i 7. Retum Of Cards. Bank Cards are our property and as such can tre canceiled and the privileges thereof revoked at any time by us without prior �otice to you or any Holder and all Bank Cards issued must be surrendered to us or to our agent upon Cemand. 18. Disputes 8etween You And Thlyd Parties. Except to the extent provided under the Fair Cred�t Billing Act (see accompanying statement for iniormation regarding d�sputes and billing errors), we are not responsible for goods and services acquired through the use ot the Card(sl. and disputes between you and sellers or lesso�s shall have no eftect on the undisputed portion of the indebtedness. Refunds and adjustments ++�II be made by means of credit memoranda and will be reffected �n your monthly statement. 19. BsnkePs Lien. We shall have a banker's lien, as secur�ey for the payment of any mdebtedness incurrPd nereunder, on all property in our possession owned by you "<cept for indebtedness ansing �n connection w�th a cred�t transaction pr�manly for personal, family, or househol� purposes, we may without notice set off aga�r.st y funds you may have depoSited in checking, sav�ngs or other account with us m payment o( aIl sums which may become due under this agreement. . �rmination. You agree that we may terminate your account at anyt�me w�thout pnor not�ce if you are �� default because: You violate the terms ot this agreement; -. You fail to make payment in accordance w�th the terms of this agreement; C. You become bankrupt or insolvent (or the owner ot a sole proponetorsnip dies); D. A Holder uses the Bank Card contrary to the terms of thls agreement; E. We have evidence or reasonable belief that you are e�ther unwilling or unable to pay your obligations, or that an unauthorized use of the card may be made: F. Any information you have provided is false: G. There is an attachment, execution or levy aga�nst you or your property. H. You pay less than the full balance due more than ewo billing cycles per year from the anniversary date (or reset date if any) of your account. If your account is terminated, you must surrender to �s or to our agent any cards �ssued and all amounts owmg will become nnmediately due and paya:'e 3• :_• opt�on and without nouce or demand. NOTICE: See accompanying statement for important i�formation regarding your rights to dispute billing errors. Date January 23, 1986 CITY OF PALM DESERT — - ame �� mp y -- -- B� ( itl�) - RICHA S. KELLY, MAYOR ey — ( itle) '' � TSINESS MANAGE�IEVT �►CCnL. � I' txn 7 o i L � GUARANTY � !. In considerauon ofany loans or advances by SECUR[TY PACIFIC NATIONAL BANK to Debtor CitL of Palm Desert Cor the forbearance of Bank to sue upon any of the past due debt of Debtor and for other t�aluable consideration, the undersigned �ointly and severally guarantee unto Bank, its successors and assigns, the prompt pa}•ment of any and all indebtedness according to the terms thereof, which Debtor may now or at any time hereaRer owe to Bank to the ertent of the aggregate total ofall obligations of Debtor ansing out of the use of any card under any Business Managemenc .�ccount Agreement 1"�greement") entered into between Debtor and Bank together with interest thereon and costs of collection thereof, including reasonable attorne� s' fees. ?. Should any credit cards be issued by Bank pursuant to the Agreement, said credit cards shall be the property of Bank, and any funds owed thereunder by Debtor shall be due and payable to Bank. 3. Bank is hereby given full power to modify the terms of any Agreement and to cancel, release. make any alterations, renewals and extensions of and decrease or increase the amount of principal or interest due under such .-�greement as Bank and the Debtor may expressly or impliedly agree upon, and otherwise to deal with said Debtor as Bank ma� �lec[ including granting any renewals of the Agreement and credit card (unless otherwise directed in writing by the undersigned in timr to stop the process of renewal from being carried out) without in any way diminishing, relcasing or discharging the liabiiity hereunder of the undersigned. Such liability shall be continuing and shal! only be terminated ifall credi t cards are either returned to Bank or their �iaie of � alidity has expired and payment has been received by Bank for the tull amount oCall indebtedness � hich at the time is ow ing (or � �! 1 be owing when the entries are made) from Debtor [o Bank under such Agreements. The liabilit� oithe undersigned is not in consideration ofor contingent upon the tiabiiity ofany other person hereunder or under any similar instrumcnt and the relrase or death uf or rancellation by any of the undersigned or anv signer of a similar instrument sha!! not act to release ur other�ise affect the continuing liability of any other signer hereof. 4. Shouid Debtor charge items to its accoune in excess ot' its credit limit or is othen►ise in dtfault of the terms and conditions of the Agreement. Bank shall have the right to terminate the account and shall so notif} the undersign�d. The undersigned upon receipt of such notice shall promptly pay the full amount pa�able under said account (whether such sums are then due or to become due). S. Notice of acceptance of this Guarant} as well as all demands. presentments, notices of protest and notices of ever}• kind or nature. including those of any action or non-action on thc part ot the Debtor, Bank, or anyone else. are hereb� fully waived by the undersigned. L pon any default ofthe Debtor, Bank ma�. at its optiun. proceed directl} and at once.w ithout notice, against the undersigned to co!!ec• and recover the full amount of the liabilit� herrundrr. ur an� portion hereof. without proceeding against the Debtor or any other person` or forcrlosing upon, selling or otherwise disp��sing uf �r r��llecting or apph ing an} propert}. real or personal, it may then ha�e as secunc� for such indebtedness. The undersigned hereb� ��ai� �s the right to require Bank to proceed against the Debtor or to pursue an� othei remedy, waives the right to have the property ofthe D�bcor first applied to the discharge ofsuch indebtedness, and waives the pleading ui any statute of limitations as a defense to the obligation hereunder. The undersigned assutnes the responsibility for being and keeping informed of the financial condition of Debtor and ot'all uther circumstances bearing upon the risk of nonpayment of the indebtedness which diligenrinquiry would reveal. Absent a reyuest for such inPormation by the undersigned. Bank shall have no duty to advise thc undersigned of information known to it regarding such condit�on or any such circumstance. The undersigned acknowledges sn understanding of the consequences of all wai�ers contained herein. 6. Thc unde�signtd furthrr agrecs. �+thouc ci��m;ind. immediatcl� to reimhur5e f3anl. t�>r ;�I! ;���tti Zn�i Ctpens�s. including attc�rr.� ��' fers. incurred in the enforcem�nt of thu Guarant� ur the collecuon ot�surh md�ht�•�1���. 7. The word "indebtedness" as used in this Guarant� is inten�ied to �nclud� n�>t ��ol� ;i�hts �uiuntanl� contrart�d, pnnrip�l ,:r.,! interest. but e��er}• debt. obligation or liabilit} howe� er arising and w hether thr ssm� b� � ur �.,r u�� i nv,. �hsulutc ur � unti ngrnt. �� t� rm � r ��i o: inchoate, and this G�laranty shalt extend to and co�rr all rene��als an�i ��t�miuns �>t ;�m � Is�ms �r demands guaranteed un�ier �h�s instrument. If more than one Debtor is named herein. all pro� isions hcreut�shall applt ;�� ,�� h snc� �� �n Debtor. 8. ThisGuarantyisassignablewithanyoneorseveralofalloftheindebtednessandprin�ipalobligacionswhichicguarantees.and��hrn so assigned the undenigned shall be bound as above to the transferees. 9. ►'hisGuarantycontainstheentireguarantyagreementbetw•eentheundersignedandBank.superscdesanyotherguarantyagreement between the undersigned and Bank and the pro��is+or�s hereof ma� be mod�tied. altercd �>r amended unl� by wntten agreement signed b� the undersigned and Bank. !0. Any married person who signs this Guarant� hercby expresslti agrees that recoursr m�� bc had against that person's separatc property for all of that person's obligations or liahilitics under this Guarant�. Dated: J�UARY 23, �y86 CITY 0 PALM ESERT RICHARD S. KELLY, MAYOR .,._..,.. ,, e< <„