CC Resolution No. 04-444
RESOLUTION NO. 04-444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE SUBMISSION OF FACSIMILE SIGNATURES IN
RELATION TO A DEPOSIT ACCOUNT WITH WELLS FARGO BANK
WHEREAS, this City has established or intends to establish one or more deposit
accounts with Wells Fargo Bank, National Association, and/or one or more of its affiliate
banks (each individually, "Bank") rrom which funds may be withdrawn by checks, drafts
or other orders for the payment of money (collectively, "Items"), which Bank may honor
and pay, including Items payable to cash or to the person or persons who sign or endorse
them;
WHEREAS, this City, for its own convenience, desires to utilize the facsimile,
computer-generated or logo signature(s) set forth in an appropriate format as prescribed
by the City Treasurer (each individually referred to hereinafter as a "Facsimile
Signature") in connection with Items drawn on this City's deposit accounts with the Bank
(collectively, the "Accounts");
NOW, THEREFORE, BE IT RESOLVED: that this City requests, authorizes, and
directs Bank and Bank's affiliate and correspondent banks to cash, pay, or deposit, as
requested, all Items drawn on or made payable rrom the Accounts when bearing, or
appearing to bear, any of the Facsimile Signatures as submitted by the City Treasurer;
RESOLVED FURTHER, that this City requests, authorizes, and directs Bank and
Bank's affiliate and correspondent banks to honor, pay, and charge to the Accounts all
Items drawn on or made payable rrom the Accounts, including those Items made payable
to cash or the person or persons who sign them, when bearing, or appearing to bear, any
of the Facsimile Signatures, and that Bank is instructed to perform the actions described
above regardless of by what means the actual or apparent Facsimile Signature may have
been affixed if the signature on the Item in any way resembles any of the Facsimile
Signatures submitted by the City Treasurer;
RESOLVED FURTHER, that in consideration of the foregoing, this City agrees
to indemnify and hold harmless Bank and Bank's affiliate and correspondent banks
(collectively, the "Indemnified Parties") rrom and against any and all losses, liabilities,
damages, claims and expenses (including reasonable attorney's fees) which any of the
Indemnified Parties may suffer or incur by performing the actions specified in the above
resolutions, including but not limited to the payment of any Items bearing or appearing to
bear any of the Facsimile Signatures, even if such Facsimile Signature was affixed by
copying or otherwise counterfeiting it, or by the unauthorized use of a device that
generates the Facsimile Signature, and this City further agrees that Bank shall have no
responsibility or liability for performing such actions, except to the extent this City
suffers loss on account of Bank's gross negligence or willful misconduct;
Resolution No. 04-444
2
RESOL VED FURTHER, that these resolutions are in addition to, and not by way
of limitation on, other resolutions, if any, of the City Council in favor of Bank, and that
the authority conferred by these resolutions shall be deemed retroactive and any and all
acts authorized by these resolutions performed prior to the passage of these resolutions
are hereby approved and ratified; and
RESOLVED FURTHER, that each of these resolutions shall continue in full force
and effect until Bank has received express written notice of its recission or modification
by a resolution duly adopted by the City Council and certified by the City Clerk.
PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City
of Cupertino on the 16th day of November 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
James, Kwok, Lowenthal, Sandoval, Wang
None
None
None
ATTEST:
APPROVED:
~1r j;;,;/A
City Clerk
CITY OF
CUPEIQ1NO
The following signature is obtained for the sole purpose of authorizing payments, transfers or
withdrawals of City moneys in payment of City obligations in conformity with Chapter 2.24.020
of the municipal code. This signature documentation will be maintained in the Councilmember's
personnel file.
Signature of Authorized Individuals
Bank Account: General Checking
Account Holder Name(s): City of Cupertino
Reporting SSN/TIN: 94-6027368
Sign in Center of Box
Name
Councilmember
Title
IN TESTIMONY WHEREOF, I have hereunto set my hand on ,
20_, and attest that the signatures set above the name listed on this document are their
genuine signatures.
Attested to by:
City Clerk