HomeMy WebLinkAboutCC RESO 15,177•
RESOLUTION D. 15,177
RESOLUTION DECLARING THE JOHN C. HENBERGER COMPANY THE LOWEST
RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT
TO EXECUTE AN AGREEMENT WITH COMPANY
WHEREAS, the Purchasing Agent of the City of National City did in
open session, on January 5, 1987, publicly open, examine and declare all
sealed proposals or bids for FUSEES as specified in Request for Bid Number
GS 8687-4.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the
City of National City hereby rejects all of said bids except that herein
mentioned, and hereby awards the contract for FUSEES to the lowest
responsive responsible bidder, to wit:
THE JOHN C. HENBERGER COMPANY
BE IT FURTHER RESOLVED by the City Council of the City of National
City, California, that the Purchasing Agent is hereby authorized to execute
on behalf of the city, a contract between IhE JOHN C. HENBERGER COMPANY and
the City of National City to provide FUSEES.
PASSED and ADOPTED this 13th day of January, 1987.
ATTEST:
Io7 Campbell, City lerk
APPROVED AS TO FORM:
George H. Waters, Mayor
`i,�-
George H. tser, III - City Attorney
Ell
Bank of America Funds Transfer Agreement
To: Bank of America National Trust and Savings Association
In consideration of Bank of America National Trust and Savings Association ("Bank") accepting oral instructions to make
funds transfers, CTTY OF NATTONAI CITY (FINANCF OFPT
(insert Customer's full name) ("Customer") agrees as follows:
1. For purposes of this Agreement:
(a) "Funds transfer" is defined to include the following types of transactions: International and domestic wire trans-
fefs, transfers from one Bank of America branch to another, transfers from one account to another within the same Bank of
America branch. Funds transfers can be made in any amount from any account of customer to any other account(s) at Bank
or at any other financial institution for credit to customer or to another person, partnership or corporation, as specified in the
supplemental instructions attached hereto.
(b) "Designated Caller" means a person authorized in writing by Customer to give instructions orally (including by
telephone) to Bank to make funds transfers. and includes, if the Customer is a corporation or partnership, an Authorized Per-
son as defined in the Corporate Resolution or Certificate of Partnership. •
2. Bank may accept and act upon oral instructions (including by telephone) to make funds transfers on Customer's
behalf from any person Bank believes to be a Designated Caller. Bank does not have to act on any such instruction if it believes
for any reason that the person giving the instruction is not a Designated Caller.
3. For each oral funds transfer instruction, the Designated Caller shall specify: name of Customer, name of person
giving instruction, account number from which funds are to be transferred, the amount to be transferred, and the name of the
financial institution and name of the beneficiary to which the funds are to be transferred. -
4. Bank may refuse to act on any funds transfer instruction which, either in whole or in part, exceeds Customer's col-
lected and available funds on deposit with Bank or the amount available under any Credit facility advised to customer. Funds _ _
are not available if they are subject to a hold, dispute or legal process preventing their withdrawal. If Bank creates an overdraft
to complete a funds transfer, Customer agrees to immediately repay Bank the amount of the overdraft, whether or not demand
is made. However, Bank is not obliged to create an overdraft for that purpose, even if it has previously done so.
5. The terms and conditions of Customer's Bank Depositor Agreement(s) regarding the account(s) with Bank are
hereby incorporated by reference. If any inconsistency exists between such agreement(s) and this Agreement, then the terms
and conditions of this Agreement shall control to the extent of the inconsistency. This Agreement supersedes any prior funds
transfer agreement with Customer relating to oral instructions for funds transfer.
6. If the customer sends the bank a written confirmation of oral instructions and there is any discrepancy between
an oral instruction and a written confirmation, Bank's records of the oral instruction shaligovern.
7. If Bank so desires, it may, but is not obligated, to send a written confirmation of any funds transfer instruction to.
Customer. The decision to confirm in writing any funds transfer instruction shall be solely within Bank's discretion, and Bank
shall incur no liability if it does not do so.
8. Completed funds transfers will be reflected on Customer's periodic account statement. Customer shall regularly and
promptly review all confirmations (if sent) and account statements regarding funds transfers. Customer shall notify Bank within
three days of any discrepancy between Customer's records and any confirmation advice (if sent) or periodic account statement..
9. Except as otherwise set forth in this Agreement, Bank will process instructions to make afunds transfer on the value -
date or the day that such instructions are received if no value date is given, provided the requests are receivadwithin thedead-
lines established by Bank and provided the day of receipt is a business day for Bank and for the receiving institution: Instruc-
tions received by Bank after its cutoff deadline may be treated as received by Bank on its next busines day. In attempting to
execute any funds transfer instruction, Bank may utilize any means of transmission reasonably selected by Bank. _
10. Bank shall not be liable for any loss arising, directly or indirectly, in whole or in part, from: (a) any inaccuracy, act
or failure to act on the part of any person not within Bank's reasonable control, (b) the negligence or misconduct of Customer ..
or any Designated Caller or other agent of Customer, (c) any ambiguity (in Bank's opinion) in the instructions given to Bank,
or (d) any error, failure or delay in the transmission of a funds transfer which is caused by strikes, civil unrest, or other circum-
stances beyond Bank's reasonable control
11. By giving Designated Callers authority to give oral instructions to Bank to make funds transfers, Customer assumes
certain risks and responsibilities with respect to Designated Callers.
Customer shall indemnify and hold Bank harmless from any and all liability for acting on any instru n to makeafunds
transfer purported to be given by a Designated Caller and accepted by Bank. Bank -shall not be response for the authentic-
ity of any instructions, or be in any way liable for any unauthorized instruction or for giving effect thereft, whether or not the
person giving the instructions is, in fact, a Designated Caller. Neither Bank nor any of its employees or agents shall incur any
liability with respect to any action taken or permitted in reliance upon any funds transfer instructions believed to be authentic.
In no event shall Bank be liable to Customer for any consequential, special, or exemplary damages, including but not limited
to lost profits, from any cause whatsoever arising out of, or in any way connected with this Agreement or the services provided
under this Agreement. This limitation shall apply whether or not the likelihood of such losses or damages was known by Bank.
12. Customer shall compensate Bank for its services hereunder. Bank shall notify Customer of the amount from time
to time due Bank for its services.
13. Either party hereto may terminate this Agreement by giving to the other party three (3) banking business days writ-
ten notice. This period shall begin on the date of receipt of such notice. Termination of this Agreement shall not affect the rights
of Bank or Customer regarding funds transfers which occur prior to the effective date of such termination.
14. Bank may rely on list of Designated Callers previously supplied by customer until Bank receives and is able to dis-
tribute to its affected employees. written notice from customers, adding Designated Callers and oral or written notice from cus-
tomers deleting Designated Callers.
The customer shall confirm oral requests to delete Designated Callers in writing, duly signed by or on behalf of customers
and promptly delivered to Bank. If there is any discrepancy between an oral instruction or a written confirmation, Bank's records
shall prevail from the time oral instructions are received until written notice is received and distributed according to normal
procedures.
15. Any notice or correspondence to Bank or Customer regarding this Agreement shall be mailed or delivered to the
address specified by each below or to such other address as either party may specify in writing.
16. Bank may delay enforcing its rights under this Agreement without losing them. Any waiver by Bank shall not be
deemed to be a waiver of other rights or other same right at another time.
17. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality or enforceability of
the remaining provisions shall in no way be affected or impaired thereby.
18. This Agreement shall be governed by and construed under the laws of the State of California.
Executed this 13th day of January
at BANK OF AMERICA
19 87
CITY OF NATIONAL ( FINANCE DEPT.)
Bank of America, NT & SA By
By Phyllis Ward
Address for notices to
Bank of America NT & SA:
National City #171
235 E. 8th Street
(Customer Name)
George H. Waters, Mayor
Address:
National City Ca. 92050
1243 National -City Blvd.
National City Ca 92050
IDBank of America
Corporate Resolution: Funds Transfer On Oral Instruction:
To: Bank of America National Trust and Savings Association
City of National City ( Finance Dept.)
The directors of
(insert full name) (the "Corporation"), a company incorporated in the State of California , adopted the following
resolutions on January 13 , 19 87 .
1. RESOLVED, that the Corporation authorizes any one of the persons named in Schedule A annexed ("Authorized
Persons"), and their successors in office, to give instructions orally (including by telephone) to Bank of America National Trust
and Savings Association ("Bank"), to make funds transfers. For purposes of these resolutions, "funds transfer" means a transfer
of funds by wire or by other similar means in any amount from any account of the Corporation to any other account(s) at Bank
or at any other financial institution for credit to Corporation or to any other person, partnership or corporation, including accounts
of a person authorized to give a funds transfer instruction.
2. RESOLVED, that the Corporation also authorizes any one of the Authorized Persons:
(a) To delegate the authority granted to them to give oral instructions to make funds transfers to one or more other
persons (each, a "Designated Caller"). Such delegation shall be accomplished by delivering to Bank a letter or other written
notice signed by an Authorized Person listing the name and title or position of such Designated Caller.
(b) To revoke the authority granted to any Designated Caller. Such revocation shall be accomplished by delivering
to Bank a letter or other written notice signed by an Authorized Person listing the name and title or position of such Desig-
nated Caller.
(c) To execute such agreements or documents as Bank may at any time request (and all renewals or amendments
thereto) regarding funds transfers including Bank's Funds Transfer Agreement (which contains indemnity and hold harmless
provisions), which agreement the Directors have reviewed and do approve.
3. RESOLVED, that until the Bank receives written notice from an Authorized Person adding or deleting Designated
Callers, each of the persons listed in Schedule B annexed is a Designated Caller and is authorized to give instructions orally _
(including by telephone) to Bank to make funds transfers.
4. RESOLVED, that the Bank is authorized to act and rely on these resolutions until it actually receives written notice
of their revocation.
SECRETARY'S CERTIFICATE
The undersigned certifies as follows:
1. I am the duly appointed and acting Secretary of the Corporation.
2. The foregoing is a full, true and correct copy of Resolutionsduly adopted by the Board of Directors of the Corporation, either
at a properly held meeting (at which a quorum was acting throughout) or by unanimous written consent. in accordance with
applicable laws and the Corporation's By-laws.
3. These Resolutions are in full force and effect and have not been revoked or amended and do not exceed the objects or Powers
of the Corporation or the powers of its Directors.
4. The specimen signatures annexed in Schedule A are the true signatures of the persons authorized to act on behalf -of this
Corporation by virtue of Resolutions 1 and 2.
IN WITNESS WHEREOF, I have executed this Certificate and affixed the corporate seal of the Corporation on
rr
Date:
IDBank of America
To: Bank of America National Trust and Savings Association
From: City of National City (Finance Dept.)
Customer's Name
Janaury 13,, 1987
Funds Transfers Supplemental Instructions/
Other Restrictions
I/We have authorized you to make funds transfers on oral instructions according to the terms of the Funds Transfer Agree-
ment between us dated Janaury 13,1987�erms defined in the Funds Transfer Agreement have the same meaning in this letter.
This letter contains additional instructions (check box and complete blank(s) as appropriate) regarding funds transfers on
oral instructions from a Designated Caller.
k( You may make funds transfers on oral instructions from a Designated Caller only from the following accounts:
01719 - 80200
01717- _ 80201
You may make funds transfers on oral instructions from a Designated Caller only if each funds transfer transaction does not"
exceed the following dollar limit $
MISC3208 9-e8
Required Beneficiaries Section
You may make funds transfers on Drat instructions from a Designated Caner only to the following accounts and/or
beneficiaries:
1 CITY OF NATIONAL CITY 2 City of Natinnal
Nan Nam
01719-80200 01717-80201
Am.f
Bank of America
Brno Non
National City #171
Brach ar Banc
235 E. 8th Street
Acct a
Bank of America
City
Banc Name
Natinnal City #171
Brace of Banc
235 F 8th Street
National City Ca. 92050 National City Ca. 92050
atyasuu
122000661
ABA Routing
4 City of National City
Nan
1050281472
Am. *
Camino Real Savings Bank
Bank Name-
-
ORANGE CA.
Branch of Bank
P.O.BOX 750
Address
Orange Ca. 92666
sty a State
ABA Rasing
7 City of National City
Name
sty a State
122000661
ABA Routing
5 City of National City
Acct. *
Irvine City Savings
Brno Nana
IRUINE
Brandt of Beak
IRUINE CALIF.
Address
cityastar
3222-8609-4
ABA Routing
8 City of National City
Name
CITY OF NATIONAL CITY
3 'KajxxxxxxxxxA:zxyx '
mom
00260-00024
Amt. *
FEDERAL HOME LOAN BANK
Bret Name
SAN FRANCISCO TWO
Branch of Bank
Adams
Gay a State
ABA Rounng
6 City of National City
Name
Acct. *
& Loan Crocker National Bank
Banns Name
San Francisco Main
Brandt IN Bank
Address
myttaan Francisco Ca.
00017-81021
ABA Routing
9 City -of -National City
Nan.
Aarl = Am. • Acct x
Gibraltar Savings
Amariran Diversified Savings First Federal Savings Bank
Bmktairne
North Hollywood
Costa Mesa
Branchca Bank
Adbsea
Costa Mesa Ca.
City a State
1211-7177-1
ABA Routng
SANTA MONICA
Branch of Bank
401 Wilshire
Adam's
Santa Monica Ca. 90401
City a sum
0012-79035
ABA Rcutrq
Branch of Bank
Cava State
3222-70000
MIARmnflg,
You may rely on this letter until you receive a duly signed written notice revoking or amending it.
CITY OF NATIONAL CITY -
Cuatonrr's Nwna
CALOZA
FINANCE DIRECTOR
SCHEDULE A Authorized Persons
List and specimen signatures of persons authorized to delete or add person(s) to the list of "Designated Callers;' to give
instructions regarding funds transfers, and otherwise act as described in Resolutions 1 and 2.
SPECIMEN
NAME (Type or Print) SIGNATURE TITLEIPOSITION TELEPHONE #
ALEX CALOZA '=+t �'� FINANCE DIRECTOR (619) 336-4260
SCHEDULE B Designated Callers
List of persons authorized to give oral instructions to make funds transfers as described in Resolution 3.
NAME (Type or Print)
DONNA STEPHENSON
TITLEIPOSITION TELEPHONE #
SR. ACCCOUNT CLERK 619) 336-4260
( )
)