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Home My WebLink AboutR-1992-135 RESOLUTION NO. 135-92 E C A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ` APPROVING THAT CERTAIN WIRE TRANSFER AGREE- MENT WITH THE FAMILY BANK OF HALLANDALE AND APPOINTING MARIE JABALEE, FINANCE DIRECTOR a AND WANDA MULLIKIN, CITY CLERK, ACTING SINGLY, AS ITS AUTHORIZED REPRESENTATIVES IN SUCH MATTERS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania from time to time finds it necessary to wire transfer funds from the city' s accounts i with the Family Bank of Hallandale; and WHEREAS, the Family Bank of Hallandale requires that the City of Dania authorize a representative to request that said wire transfer be made. NOW THEREFORE, be it resolved by the City Commission of the City of Dania, Florida: Section 1. That the City Commission of the City of Dania, Florida does hereby approve the agreement between the 1 City of Dania and Family Bank of Hallandale, authorizing 1 transfer of funds; a copy of which is attached hereto and i made a part hereof as exhibit "A" . Section 2. That Marie Jabalee, Finance Director and Wanda Mullikin, City Clerk, acting singly, are hereby i authorized to transmit such funds as necessary, consistent with the needs of the City of Dania, to the State Board of I Administration for investment in the State Boards' investment Pool, wire transfer funds for the retirement of bonds and payment of interest thereon, and to wire transfer employee payroll deductions to the City County Credit Union. ^` _ `/�i � � ��ay�,� :±/ bA�. � 54Y•i 9e 4�T�•::CY II k'i:.']C-'fC _ 4> Section 3 . That this authorization shall be continuing 1 in nature until revoked by action of the City Commission of the City of Dania. Section 4 . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to i the extent of such conflict. i Section S. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 22nd day of September, 1992. j MAYOR-CqJMISSIONER ATTEST: 'CITY CLERK - AUDITOR APPROVED FOR FORM AND CORRECTNESS By: v..t U. LC.[:. r,- FRANK C. ADLER, City Attorney f L Resolution No. 135-92 , , f' kip" g , L `y r•is ?lS' n. a a: r y: ; ! WIRE TRANSFERS OF FUNDS AGREEMENT t , TO : FAMILY BANK OF HALLANDALE WIRE TRANSFER DEPARTMENT 1000 E Hallandale Beach Blvd . Hallandale , Florida 33009 Gentlemen : k The undersigned Customer hereby authorizes you to honor . Y execute and charoe to the their ' s account ( s ) at The Family Bank of Hallandale the amount specified in any and all telephonic . telegraphic , data transmission . oral , data processing media or written requests or orders for the transfer of money or funds upon the terms and conditions set forth in this agreement . In consideration of Family Bank ' s agreement . Customer agrees to follow Family Bank ' s procedures . as they may be adopted from is time to time . and to the following ; I . Requests for Transfer Instructions . Customer requests Family Bank to honor and act upon all requests which Family Bank receives for the transfer of funds from accounts designated in the Customer ' s Wire Transfers Instructions . Telephonic wire requests must be accompanied by a i confidential Personal Identification Number ( "PIN" or "PINS" ) assigned by the Customer . Such PINs will be assigned by the Customer for the use of Customer ' s authorized representatives designated on the Authorized Representative Form. Such requests must be in compliance with Family Bank ' s transfer and security procedures . The Instructions (whether for repetitive or non-repetitive , manual or terminal -entry transfers ) may be modified , changed , or altered by submission of written modification to Family Bank , such modification must be signed by an authorized representative of Customer and shall not be effective until received and accepted by Family Bank . + 2 . Verification. Family Bank may , at its option, verify k transfers by contacting Customer at the telephone number(s) specified by Customer in the Instructions . This number may be changed by a written request by Customer : however , such 1; change shall not be effective until acknowledged in writing by Family Bank . Family Bank may elect not to act upon a !. transfer request , for Customer ' s protection , if Family Bank is unable to obtain proper verification of such request (.. satisfactory to Family Bank or if there is any inconsistency ;? between a transfer request and information previously if such request is not initiated suoolied to Family Hank , or in accordance with security procedures implemented by Family Bank . 77, ! . _ . Y 9 � . AOML 3 • Responsibility , Records . Customer hereby agrees that Customer is and will bformsofntelecommunicationsle for all e which sts lare to Family Bank by any received by Family Bank and which contain a proper name of an Authorized Representative and the PIN . whether or not such requests , were properly made by Customer . its agents . as the case representatives . or officers . rlyauthori y e zedbyCustomer so whether or not they were long as such request ( s ) contain the names of theces Authorized or Representative and the PIN ( typo graphical errors in names shall not affect the requests ) . Customer i understands the use of the PIN and the instructions are 1 confidential to Customer and that Customer takes all risks al of accidental ditent use scla�irewhatsoevernt whether or nsuch rdisclosure of the PIN by any P •' °` or use are on account of Customer ' s negligence or area deliberate acts or not . Family Bank records and logging system shall be conclusive evidence with respect to any dxafil requests for transfers and shall be , absent manifest error , � s+ binding upon Customer . Customer authorizes telephonFamily Bcnorto yi*+ • record electronically or mechanically any ; other telecommunication received by Family Bank from the Customer ; however . Family Bank has no such duty anWithin , decision to record such communications is totally Family Bank ' s discretion . ; q , Family Bank' s Liability . Notwithstanding any provisions to the contrary contained herein . Family Bank shall only be liable to Customer under this agreement for its gross negligence or willful misconduct . Family Bank shall have no liability for any lost profits or consequential or special ot be lede damages . Family Bank shall n by , rorPonsi resultingofromlays anyor failures in performance third party data processor . any other . act or omission by l person : acts of God , strike , lockout , riot . epidemic . ulation , fire , communications line failure , governmental re l lfunction , emergency conditions power failure, equipment ma ily Bank ' s reasonable control . or circumstances beyond Fam 5 , Customer Liability . Customer shall promptly indemnify and hold Family Bank harmless from and against , and Family Bank shall have the right to debit Customer ' s account(s ) for , any damages , or and all claims , demaadtorneyslosses . fees land lcosts ) resulting expenses ( including from ( a ) the breach of any warranty directly or indirectly or agreement of Customer to Family Bank (bl tersonbpursuant crediting of an entry to the account of any p k ; t to this agreement Bank anldebitingyorlcrediting . orttheon n4 L° xa other than Family r:tr K failure of such institution faito luretofrCustomertin amount of E and (d ) delay any entry . initiating any transfer request . �q� yG,�m, a)r, P. YN✓ �'4$ - ;: i corporation by Re o . Inference . This agreement incorporates by reference all of the terms of the Deposit Agreement and the Corporate Resolutions governing the Customer ' s account ( s ) receive with Family Bank . In the event Family Bank does not r from Customer a current Deposit Agreement and/or Corporate Resolution , the terms of the Deposit Agreement and Corporate Resolution customarily used by Family Bank are hereby incorporated by reference and govern such accounts . 7 . Revocation of Transfer Requests . Customer shall have no right to reverse , adjust . or revoke a transfer request after it has been received by Family Bank , except by mutual agree- ment . In the case of an erroneous or other irregular trans- fer of funds . Family Bank may , but shall not be obligated , on its own initiative , to request the transferee to return the funds previously transferred on behalf of Customer . A transfer issued by Customer is paid at the time the request is sent , at the time the transfer is credited to the transferee' s account on the books of Family Bank , or at the time the advice of credit for such transfer is sent or A telephoned to the transferee by Family Bank , whichever occurs first . - g , overdrafts . Customer agrees no transfer request shall exceed the then current collected balance in Customer ' s account . If :. Customer 's account does not contain sufficient funds to accomplish such transfer . Family Bank may . at Family Bank ' s option , debit Customer ' s account into overdraft and Family Bank shall not be liable for damage to Customer as a result thereof ; however , Family Bank shall not be obliged to debit Customer 's account into overdraft . Family Bank may , at its sole discretion , refuse any transfer request if the transfer would result in an overdraft . Customer shall pay overdrafts which occur from the above described events upon demand . to- gether with interest on the overdraft . Family Bank may chase Customer ' s account at any time for the amount of such overdrafts and interest . o Compensation. Customer agrees to pay such fees as Family i Bank may impose from time to time in/ accorda ce with Family Bank ' s rust ary pri ina po cies d to imbur Fam ly ' �' Bank for y direr or i rect es or xpens in red by Family nk . Suc fees char or a enses all a paid by F Bank . Y Famil s cc ount( ) at Y Famil ank s ebiti g Customer I . Y I lo . Miscellaneous . � 1 a . This agreemeWCittenbnotice terminated customer any totime FamilyFBank , Bank and by however . such termination by Customer shall not be effective until acknowledged by Family Bank . Termination te the sof ectiis onsa31e4 .me 5 . 6 . andll n9tofethisaagreementprovisions of iW Y �Y r i ql ;*na � 2 K.• ' b. This agreement constitutes the entire agreement between all other Family Bank and Customer and supersedes any agreements , either oral or in writing , between the ; parties with respect to the subject matter hereof . No r` modification or supplement to this agreement shall be ` valid or effective until the same is in writing and signed by Customer and Family Bank. ` c. All otices to Family Bank shall be directed to Josep� Dorsey or Judy Persan all notices to Customer shall be directed to Customer at the account address listed below . med to d. This agreement shall be deeoverned b a byandnconstruedeinand for all purposes shall be g accordance with applicable laws the of tlaws ta he snof the etstese of Florida and the City of Dania (Name of Customer) By: Marie lahalp- ,j '' Titlerinanr�tnnr Address :100 W n'nia Reach Rlvd Fl 33004 Phone i 97nn ex 715 j i day of Accepted this — 19_. The Family Bank of Hallandale BY : Title : I 1! ' i. { f Y � I FAMILY BANK OF HALLANDALE AUTHORIZED WIRE TRANSFER REPRESENTATIVES 1 , (Telephone transfer Authorized representative designation requests ) . The following are authorized representatives of the ntatives depositor identandethebelow , representathe ivesepersonal PIN lar limits if any , number . DQLLAR LIMIT PERSONAL PINS NAME 817 _ ---- — i none Marie Jabalee, Finance Director 111 -- 223 _ -- - --- none —_ _ -- -- - — Wanda Mullikin, Ci�Clerk ---- 2 , Authorized representative designation (written or in person requests ) . The following are authorized representatives of the depositor identified below , the representatives dollar limits if any , and the representatives signature. SIGNATURE NAME DOLLAR_LIMIT --�� none Marie Jabalee _ Wanda_MulIikin --_ - I . Y 17 ,3sh, icy p!'1•r �r F . - : . �• rt. J, ,y Tre4 3 , Phone number and person bank personnel may call to verify data received . , PHONE _NUMBER NAME Marie Jabal 921 -R700s_ex 215 Wanda Mullikin 921_8700 , ex 202 7. ------------------------------ r cit of ^ania ---- -------------- __ y Depositors Account Name 9/24/92 Signature' . - Date Marie Jabalee, Finance Director Printed Name : _----- F : 511 I I, i e i I Syj�wa ' c, "V q 'd i aG n —.�7 777=7777��t'4l'!T