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HomeMy Public PortalAbout20100408CCpacketCouncilPacket04/08/10Page 1 of 29 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian O. Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00am the Friday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 4-8-10 Item: Better Hometown Visioning Explanation: _ __________________________________________________________________________________ __________________________________________________________________________________________ Budget Line Item Number (if applicable): Paper Work: Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Chantel Morton Phone / Email: 912-786-4573, ext. 123 / cmorton@cityoftybee.org Comments: ________________________________________________________________________________ __________________________________________________________________________________________ Date given to Clerk of Council 3-31-10 CouncilPacket04/08/10Page 2 of 29 CouncilPacket04/08/10Page 3 of 29 CouncilPacket04/08/10Page 5 of 29 CouncilPacket04/08/10Page 6 of 29 CouncilPacket04/08/10Page 7 of 29 CouncilPacket04/08/10Page 8 of 29 CouncilPacket04/08/10Page 9 of 29 CouncilPacket04/08/10Page 10 of 29 CouncilPacket04/08/10Page 11 of 29 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda Doyle Bill Garbett Frank Schuman, Sr Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CITY CLERK Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 2/24/10 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: April 8, 2010 Item: Resolution for SunTrust to be the City’s bank starting June 1, 2010 Explanation: Budget Line Item Number (if applicable): Paper Work: Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Diane D. Schleicher Phone / Email: dsch@cityoftybee.org Ext. 109 Comments: Date given to Clerk of Council: March 31, 2010 CouncilPacket04/08/10Page 12 of 29 316617 (2/07) Page 1 of 3 SunTrust Corporate Forms Deposit Account Resolution And Authorization For Business Entities I. Business Entity Account Information Name Business Type Select One Taxpayer Identification Number Date Resolution and Authorization Adopted Account Number(s) The undersigned in Section IX or X hereby certify to SunTrust Bank (“Bank”) that the above named Business Entity is organized and existing under the laws of the and has been registered in the manner prescribed by law and is currently in full compliance with all requirements relating to its organization and continued existence under applicable law. These resolutions and authorizations apply to the above referenced deposit account(s) (hereinafter “Account”) currently open with the Bank and any additional Accounts opened in the future in the name of the Business Entity. For purposes of this resolution and authorization, Accounts will include any certificates of deposit in the name of the Business Entity. These resolutions and authorizations shall remain in full force and effect until written notice in a form acceptable to the Bank of their rescission or modification certified by the appropriate authorized individual(s) applicable to the Business Entity has been received by Bank and the Bank has had a reasonable time to act on said change. Receipt of such notice shall not affect any action taken by Bank prior thereto and Bank shall be held harmless from any claims, demands, expenses, loss, or damage resulting from, or growing out of, honoring the acts or instructions of any individual so certified or authorized in these resolutions to sign by delegation of authority in accordance herewith or refusing to honor any signature not so certified or authorized. II. Authority to sign, act, give instructions, access information, use Bank’s services, perform transactions, enter into agreements and delegate authority on behalf of Business Entity Resolved, that Bank be and is hereby designated a depository for the Business Entity; that any one of the individuals or entities named in Section III below is an “Authorized Signer” and is authorized to act, give instructions, access information, use Bank’s services, and perform transactions on behalf of Business Entity with respect to any Accounts of Business Entity with Bank or services provided to Business Entity by the Bank, to enter into on behalf of the Business Entity any of Bank’s agreements including checking, savings, certificates of deposit, wire or electronic funds transfer, night deposit, cash management, or other treasury management services agreements and to delegate to any other individual or entity his or her authority to act, give instructions, access information, use Bank’s services, perform transactions, and enter into agreements on behalf of the Business Entity, including agreements that delegate his or her authority to other individuals or entities with respect to the Business Entity’s Accounts or Bank’s services; that the Business Entity shall be bound by the terms and conditions of all such agreements and Bank’s Rules and Regulations for Deposit Accounts related thereto, all as now existing or as amended from time to time; and that any Authorized Signer named in Section III, is authorized on behalf of this Business Entity to sign and to endorse for deposit, negotiation or collection, any and all checks, drafts, certificates of deposit, savings certificates, items or other instruments or written orders for the payment of money payable by or to the order of this Business Entity. Signatures and endorsements, if any, may be in writing, by stamp, or otherwise affixed, with or without designation or signature of the person so endorsing, it being understood that all prior endorsements on such items are guaranteed by this Business Entity, regardless of the lack of an express guarantee in the endorsement of this Business Entity. Further Resolved, Bank is hereby directed to honor, pay and charge to the Accounts of this Business Entity, without inquiry as to the circumstances of the issuance or application of the proceeds of, any checks, drafts, items or other written orders on any of this Business Entity’s Accounts with Bank, whether payable to, endorsed or negotiated by or for the credit of any person signing the same or any other of the Authorized Signers named in Section III when signed by any of the Authorized Signers named in Section III. III. Officers/Owner/General Partners/Members/Managers/Governors authorized to act, give instructions, access information, use Bank’s services, perform transactions, enter into agreements, and delegate authority on behalf of the Business Entity The full name, title, and signature of each person authorized to act, give instructions, access information, use Bank’s services, perform transactions, enter into agreements, and delegate his or her authority on behalf of the Business Entity as described in the resolutions set forth in this document is immediately below. [Instruction: If the General Partner, Member or Manager is also an entity (e.g., a corporation, LLC, or partnership), the name of the entity is entered in the column headed “Name”, applicable title of General Partner, Member or Manager is entered in the column headed “Title”, and the name of the individual signing on behalf of that entity and individual’s title or position are entered in the column headed “Signature” and the individual signs directly underneath his/her name and title. The individual must provide a resolution on that entity reflecting the individual’s authority.] Name Title Signature User ID Account Number CouncilPacket04/08/10Page 13 of 29 316617 (2/07) Page 2 of 3 SunTrust Corporate Forms IV. Facsimile Signatures (Complete this section only if machine or facsimile stamped signatures are to be used on items.) Further Resolved, that Bank is hereby requested, authorized and directed to honor any check, draft, item or other written order on any of this Business Entity’s Accounts with Bank when bearing or purporting to bear the following authorized machine or facsimile signature of any of the above named individuals whose signatures are reproduced below, regardless of by whom or by what means the actual or purported machine or facsimile signatures may have been affixed. The Business Entity shall indemnify and hold the Bank harmless from any and all claims, expenses, losses, damages and costs, including attorneys’ fees, resulting from, or growing out of the Bank’s honoring the facsimile signature of any of the following individuals, its refusal to honor any facsimile signature of an individual not named below, or resulting from the unauthorized use of the instrument used to provide the facsimile signatures by persons other than authorized individuals. Name of Authorized Signer Listed in Section III Machine or Facsimile Stamped Signature of Authorized Signer V. Additional Signatories on Business Entity’s Accounts Further resolved, the following individual(s) are authorized as additional signatories only to sign and to endorse for deposit or collection any checks, drafts, or other instruments or written orders for the payment of money payable to the order of the Business Entity and to sign checks, drafts, items or other written orders, and initiate wire or funds transfers and execute Bank’s Funds Transfer Authorization wire request and disclosure form on any of the Business Entity’s Accounts with Bank. [Instruction: If an additional signatory is not authorized to sign on all Accounts, specify the Account Number applicable to the signatory as indicated below.] Refer to the Signature Card(s) on the Account(s) for signatures of the Additional Signatories. Additional Signatory’s Name Position with Entity Specific Deposit Account Number(s) Applicable to Signatory (Complete only if signatory is not authorized on all accounts) VI. Qualification Certification for Public Fund, Organization, Political Organization, Homeowners and Condominium Owners Association or Corporation Not Operated for Profit to earn interest on a checking account (NOW Account) Mark this section with an “X” only if Business Entity is eligible to earn interest on a checking account. I/We further certify that the above named Business Entity is eligible to earn interest on a checking account (referred to as a Negotiable Order of Withdrawal or NOW Account) in compliance with Regulation D of the Federal Reserve Act (12CFR 204) as a Public Fund or a Non-Profit Organization that is operated primarily for Religious, Philanthropic, Charitable, Educational, Political or other similar purposes under one of the following sections: Organization – Section 501 (C) (3) through (13), and (19) of the Internal Revenue Code (26 USC (IRC 1954) 501 (C) (3) – (13) and (19). Political Organization – Section 527 of the Internal Revenue Code (26 USC (IRC 1954) 527). Homeowners and Condominium Owners Associations – Section 528 of the Internal Revenue Code (26 USC (IRC 1954) 528). VII. Power to Act The undersigned certifies that there are no limits to the undersigned’s powers to adopt this Authorization and to attest that the resolutions stated herein are accurate and that this Deposit Account Resolution and Authorization is in conformity with the provisions of the organizational instruments, which include the Business Entity’s charter, bylaws, operating agreement, partnership agreement, shareholders’ agreement or similar agreements by which the Business Entity or the undersigned party may be bound and does not violate the provisions thereof. VIII. Prior Acts All previous acts of or on behalf of the Business Entity as provided for above are hereby approved and ratified. IX. Certification – Corporation or Professional Corporation I, the undersigned, hereby certify to Bank that the above is a true copy of resolutions and authorizations of said Business Entity and that such resolutions and authorizations are in full force and effect and have not been amended or rescinded. In witness whereof, I have hereunto subscribed my name and affixed the seal of the Corporation this day of , . (Affix Seal here, if available) Authorized Signature Name and Title of President, Secretary, Assistant Secretary or Other Officer as designated in the Corporation’s Bylaws User ID Account Number CouncilPacket04/08/10Page 14 of 29 316617 (2/07) Page 3 of 3 SunTrust Corporate Forms X. Certification - Limited Liability Company, Partnership, Public Fund, Sole Proprietorship, Unincorporated Organization or Association, or Other Entity I/We, the undersigned, hereby certify to Bank that the above is a true copy of resolutions and authorizations of said Business Entity and that such resolutions are in full force and effect and have not been amended or rescinded. [Instruction: If the General Partner, Member or Manager is also an entity (e.g., a corporation, LLC, or partnership), the name of the entity and the word “By” are entered in the column headed “Signature”; the individual signing on behalf of that entity signs directly below the name of the entity; and the name of the individual and individual’s title or position are entered in the column headed “Title”. The individual must provide a resolution on that entity reflecting the individual’s authority.] Signature Name and Title Date Signature Requirement instructions: The following signatures are required to complete and certify the Deposit Account Resolution and Authorization to be correct: - Corporations: Corporate Officers authorized to act on behalf of the corporation named in Section III should include the President and Secretary and any other applicable corporate officers, such as Vice President or Treasurer. The President, Secretary, Assistant Secretary, or other corporate officer as designated in the bylaws of the corporation is required to certify the Deposit Account Resolution and Authorization under Section IX. -Limited Liability Companies: Section III and X require the signatures of all members/managers/board members, unless the Operating Agreement authorizes one or more members/managers/board members to conduct banking business, in which case the signatures of all such authorized members/managers/board members are sufficient. - Public Fund Entities: Section III requires the signatures of individuals authorized to sign on behalf of the Public Fund Entity as designated by the governing unit, e.g., Board of County Commissioners, Mayor, Secretary of State, etc. The individual(s) authorized to represent the governing unit is required to certify the Deposit Account Resolution and Authorization under Section X. -Partnerships: Section III and X require the signatures of all General Partners, unless the Partnership Agreement designates one or more partners to conduct banking business and perform banking transactions. In such cases, the designated general partner(s) are named in Section III as the General Partners authorized to act on behalf of the entity and these same General Partners will certify the Deposit Account Resolution and Authorization under Section X. -Sole Proprietorships: Section III and X require the signature of the proprietor (owner) or in the case of a spousal proprietorship, the signatures of the husband and wife who own the Business Entity. -Unincorporated Organizations or Associations: Section III requires the signatures of the Officers or Positions designated in the Organization or Association’s bylaws or charter as authorized to act on behalf of the organization or association. The President or Secretary of the organization or association (or other individual designated to do so) is required to certify the Deposit Account Resolution and Authorization under Section X. Bank Use Only Prepared By Phone Number Center Name Center Number Account Number(s) Verification Method User ID Account Number CouncilPacket04/08/10Page 15 of 29 CouncilPacket04/08/10Page 16 of 29 CouncilPacket04/08/10Page 17 of 29 CouncilPacket04/08/10Page 18 of 29 CouncilPacket04/08/10Page 19 of 29 CouncilPacket04/08/10Page 20 of 29 CouncilPacket04/08/10Page 21 of 29 TREASURY MANAGEMENT MASTER AGREEMENT Rev. 11/25/08 Page 1 of 2 1. Introduction. SunTrust Bank offers a full range of treasury management services to our clients. Throughout this master agreement, (a) SunTrust Bank is referred to as “we,” “us” or “our,” (b) the treasury management services described in our treasury management terms and conditions referred to below are referred to as the “services,” (c) this master agreement and the other documents described below are together referred to as the “agreement,” (d) the person or entity using one or more of the services is referred to as “you” or “your” and (e) the individuals identified in any resolution, certificate, delegation of authority or other document that you have given us as having authority to enter into or amend the agreement on your behalf are referred to as your “authorized signers.” When you sign this master agreement you are agreeing to be bound by the terms and conditions of the agreement. The agreement is a legally binding contract that can only be changed as provided in this master agreement. 2. Organization of Agreement. As indicated above, the agreement is made up of several documents, each of which serves a special purpose. The relevant documents and their purposes are as follows: (a) Treasury Management Terms and Conditions. Our treasury management terms and conditions fall into two categories (i) the general terms and conditions that govern the use of all services and (ii) the specific terms and conditions that govern the use of each individual service. The most recent version of our treasury management terms and conditions is always posted on the following website: www.suntrust.com/treasuryterms. You may access it at any time by visiting the site and opening the document with the password we have given you. We will also give you a printed copy of the current version of those terms and conditions upon request. (b) Master Agreement. This master agreement describes the structure of the agreement and sets forth certain of the basic contractual provisions relating to your use of the services. (c) Reference Materials. The reference materials for a service provide details regarding the functionality of that service, as well as certain formatting and other technical requirements that you must follow when using that service. Reference materials may include, without limitation, a user manual, a quick reference guide, a service demo and/or file formats and specifications. Not every service has reference materials. (d) Delegation of Authority. A delegation of authority is optional. By using one, you are giving other people within your company authority with respect to the agreement and/or the services. (e) Service Profiles. A service profile reflects certain instructions you give us regarding your setup for a particular service, such as the account(s) linked to that service, the authorized users for that service and the options you select for that service. (f) Implementation/Setup Forms. An implementation/setup form is an internal document that we use to record additional information and/or instructions you give us with respect to a particular service. (g) Online Services and Software Materials. We may grant to you a nonexclusive, nontransferable, limited license or sublicense to use one or more software programs in connection with certain services. There may be a separate license agreement (which may be a “shrink wrap” or “click wrap” agreement and may be with us or a third-party vendor) and/or user manual for some of those software programs. Those software programs and those other items are all part of the software materials. There may also be additional online or “click wrap” terms for the use of the online services. The agreement, online terms and any applicable separate license agreement and user manual set forth the terms and conditions relating to your right to use those online services and software programs as well as important instructions and requirements for their use. (h) Rules and Regulations. The rules and regulations for deposit accounts that you maintain with us set forth certain general provisions relating to the establishment, maintenance and operation of your deposit accounts. If there is any inconsistency on a particular issue among the documents that make up the agreement, the documents will control that particular issue in the order set forth from top to bottom above. 3. Amendments. We may change or add to the provisions of this master agreement and any of the general terms and conditions by giving you 30 calendar days’ prior notice. We may change or add to the terms and conditions for any individual service by giving you 10 calendar days’ prior notice. We may change the information in the implementation/setup forms without giving you notice. If you continue to use a service after any of these changes or additions become effective (or you earlier confirm a service profile for an affected service), you are bound by those changes or additions. If a change or addition is required by applicable law, clearing house rules or funds transfer system rules, or if we believe that the change or addition is necessary for the security or integrity of the systems that we use in providing any services for you, we may give you notice of the change or addition promptly after we make it. In that case, you are bound by the change or addition unless you terminate your use of the relevant service(s) immediately after you receive our notice. We may change or add to the terms of the software materials or the rules and regulations by following the procedures set forth in those documents. 4. New Services. If we agree to provide a new service for you, we will create one or more service profiles reflecting certain instructions you give us regarding your setup for that new service and send or otherwise make them available to you. You may not use that service until you have confirmed (in a manner acceptable to us) that those service profiles are correct, you have successfully completed any required testing or training for that service and we have completed our implementation of your setup for that service. If you attempt to use a new service without satisfying one or more of these conditions, we may refuse to provide that service but, if we do provide it, you are bound by the terms of the agreement relating to that service (including, without limitation, the general terms and conditions and the terms and conditions for that new service). 5. Changes to Your Setup. If we agree to change your setup for a service in response to your instructions and those instructions are of the type reflected on a service profile, we will send or otherwise make one or more service profiles reflecting those instructions available to you. That change will not take effect until you have confirmed (in a manner acceptable to us) that those service profiles are correct, you have successfully completed any required testing or training for the change and we have completed our implementation of the change. In that regard, changes to your setup for a service reflected on a service profile will be implemented either on an “incremental” basis or a “complete replacement” basis, as reflected and to the extent indicated in the service profile. If a change is implemented to your setup for a service on an incremental basis, that change supplements (as an addition, deletion or modification), but CouncilPacket04/08/10Page 22 of 29 TREASURY MANAGEMENT MASTER AGREEMENT Rev. 11/25/08 Page 2 of 2 does not replace, the information in your setup for that service. For example, if an incremental service profile indicates that it adds a new authorized user for a service, all existing authorized users for that service continue to be authorized users unless you specifically request that we delete one or more of them and that deletion is reflected in a separate service profile that you confirm (in a manner acceptable to us). If a change is implemented to your setup for a service on a complete replacement basis, the information identified in that service profile completely replaces the information in your setup for that service, to the extent indicated in that service profile. In that regard, information can be completely replaced (a) only for the account(s) identified on the service profile, (b) only for the combination of the account(s) and linked feature(s) of the service identified on the service profile or (c) for all accounts using the service. For example, if a service profile indicates that it completely replaces all of your previous service profiles for a service with respect to the account(s) identified in that service profile, then only the authorized users identified in that service profile are authorized to use the service with respect to the identified account(s). However, none of your service profiles for other accounts using that service are affected and all authorized users listed on them continue to be authorized users with respect to those other accounts. Alternatively, if a service profile indicates that it completely replaces all of your previous service profiles for the combination of an account and lockbox identified in that service profile, then only the image delivery option(s) selected in that service profile will be provided with respect to the combination of the identified account and lockbox. However, none of your service profiles for other combinations of accounts and lockboxes for that service are affected and all image delivery options selected in them will continue to be provided with respect to those other combinations of accounts and lockboxes Finally, if a service profile indicates that it completely replaces all of your previous service profiles for a service, then only the options identified in that service profile will apply with respect to any of your accounts using that service. None of your previous service profiles for that service are effective and none of the options identified on them will apply with respect to any of your accounts using the service. We may refuse to accept letters, e-mails or other forms of communication that instruct us to change your setup for a service if those instructions are of the type reflected on a service profile. However, you agree that we may (at our option) accept an e-mail that purports to be from one of your authorized signers and that instructs us to delete one or more accounts from your setup for a service without requiring you to confirm a service profile reflecting that instruction. 6. Electronic Records and Signatures. You consent to the use of electronic records and signatures with respect to your use of the services. Without limiting the types of electronic signatures we may accept, you agree that, if we elect (at our option) to send a service profile to you as an attachment to an e-mail message, you (a) will be deemed to have confirmed that service profile is correct if we receive an e-mail message to that effect that purports to be from one of your authorized signers, (b) adopt that e-mail message as your electronic signature with the intent to sign that service profile and (c) will be bound by that service profile to the same extent as if one of your authorized signers had printed, signed and given it to us. 7. Acknowledgement of Receipt and Agreement to be Bound. By signing below (and each time you confirm a service profile), you acknowledge that you have received (or have been given electronic access, including the necessary password, to) a complete copy of, and that you have read, understand and agree to be bound by all provisions of our treasury management terms and conditions (including, without limitation, those that (a) limit our liability to you, (b) obligate you to indemnify us, (c) authorize us to rely on authorization codes, (d) waive the right to a jury trial and (e) require binding arbitration) in the form and with the content then posted on the identified website (as we may update them from time to time) with respect to your use of all services. Signature. This master agreement has been signed and delivered (which you agree may be by facsimile or e-mail attachment) on your behalf by the person whose name is printed below. That person represents and warrants to us that he or she is one of your authorized signers and that you have taken all action required by your organizational documents to authorize him or her to sign and deliver this master agreement (and any other documents we may require with respect to the services) on your behalf. The agreement completely replaces any other ones you have given us in the past with respect to the services, except that any instructions you have given us under any such past agreements continue to be effective until replaced or deleted in accordance with the agreement (including, without limitation, through a service profile or an implementation/setup form). Client Name: Authorized Signer: Print Name: Print Title: Address: E-Mail: Phone: Fax: Date: CouncilPacket04/08/10Page 23 of 29 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda Doyle Bill Garbett Frank Schuman, Sr Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CITY CLERK Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 2/24/10 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: April 8, 2010 Item: Resolution to amend the Parking Fees Schedule - Increase fine for Parking Violations Explanation: Budget Line Item Number (if applicable): Paper Work: Attached* Already Distributed ______ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Diane D. Schleicher Phone / Email: dsch@cityoftybee.org Ext. 109 Comments: Date given to Clerk of Council: March 31, 2010 CouncilPacket04/08/10Page 24 of 29 CouncilPacket04/08/10Page 25 of 29 CouncilPacket04/08/10Page 26 of 29 CouncilPacket04/08/10Page 27 of 29 CouncilPacket04/08/10Page 28 of 29 CouncilPacket04/08/10Page 29 of 29