ORDER NO. 31308 AGREEMENT AUTHORIZING WIRE TRANSFERS FORM WITH HILLCREST BANK MONEY MARKET ACCOUNTS Came to be heard this the 26th day of May, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Agreement Authorizing wire transfers form with Hillcrest Bank for Money- Market accounts, and authorize County Judge to sign same, any two signers of which may sign. i.~ a~a~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Mindy L. Williams MEETING DATE: May 26, 2009 OFFICE: County Treasurer TIME PREFERRED: Open SUBJECT: (PLEASE BE SPECIFIC) Consider, discuss and take appropriate action for Commissioners' Court to approve Agreement Authorizing Wire Tranfers form with Hillcrest Bank for Money Market account and authorize County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Mindy L. Williams ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECENED BY: 5:00 P.M. previous Tuesday. THIS REQUEST RECENED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. /~Hillcrest Bank. May 18, 2009 Ms. Mindy Williams County Treasurer Kerr County 700 Main Street, Room CB103D Kerrville, Texas 78028 Re: Kerr County Money Market Account #40154385 Dear Ms. Williams, Enclosed are the signature cards and wire transfer agreement forms for the above referenced account. Please sign, initial and date where indicated and return the originals to me in the return envelope I have enclosed for your convenience. Please let me know if you have any questions or if there is anything I can assist you with. Thank you for choosing Hillcrest Bank. We truly appreciate your business! Best regards, Kelly N wberg AVP, Market Development /kn Enclosures 12117 Bee Cave Road • Building One, Suite 100 • Austin, T'X 78738 • (p) 512.706.6999 • (f) 512.263.6903 Member FDIC www.hillcrestbank.com E~~~ HILLCREST BANK AUSTIN 12117 BEE CAVE ROAD BLDG 1 100 AUSTIN, TX 78738 (913) 324-6400 OWNERSHIP OF ACCOUNT -CONSUMER (Select one by placing your initials next to account selected.) UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION FORM NOTICE: THE TYPE OF ACCOUNT YOU SELECT MAY DETERMINE HOW PROPERTY PASSES ON YOUR DEATH. YOUR WILL MAY NOT CONTROL THE DISPOSITION OF FUNDS HELD IN SOME OF THE FOLLOWING ACCOUNTS. ^ SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (Payable on Death) DESIGNATION ^ SINGLE-PARTY ACCOUNT WITH "P.O.D." (Payable on Death) DESIGNATION ^ MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP ^ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP ^ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND "P.O.D." (Payable on Death) DESIGNATION ^ CONVENIENCE ACCOUNT ^ TRUST ACCOUNT (name beneficiaries below) ^ TRUST ACCOUNT SUBJECT TO SEPARATE AGREEMENT DATED: ^ OTHER NAME OR NAMES OF BENEFICIARIES: OWNERSHIP OF ACCOUNT -BUSINESS PURPOSE ^ SOLE PROPRIETORSHIP ^ LIMITED LIABILITY COMPANY ^ CORPORATION: ^ FOR PROFIT ^ NOT FOR PROFIT ^ PARTNERSHIP © PL1Y~Z1C FUriC~S BUSINESS: COUNTY GOVERNMENT COUNTY & STATE KERR COUNTY TX OF ORGANIZATION: AUTHORIZATION DATED: © NEW ^ EXISTING TYPE OF ^ CHECKING ^ SAVINGS ACCOUNT ©MONEY MARKET ^ CERTIFICATE OF DEPOSIT ^ NOW ^ ACCOUNT NAME: REV COMMERCIAL ^ This is a Temporary account agreement. BACKUP WITHHOLDING CERTIFICATIONS TIN: 74 - 6 0 014 94 TAXPAYER I.D. NUMBER - The Taxpayer Identification Number shown above (TIN) is my correct taxpayer identification number. ® BACKUP WITHHOLDING - I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of a failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. ^ EXEMPT RECIPIENTS - I am an exempt recipient under the Internal Revenue Service Regulations. SIGNATURE: I certify under penalties of perjury the statements chucked in this section and that I am a U.S. person (including a U.S. resident alien). (Date) j ®©1992 Bankers Systems, Inc., St. Cloud, MN Form MPSC-LAZ-TX 4/19/2004 ACCOUNT NUMBER .40154385 ACCOUNT OWNER(S) NAME & ADDRESS KERR COUNTY 700 MAIN STREET ROOM CB103D KERRVILLE TX 78028 DATE OPENED 05/15/09 gy JESSE JURADO INITIAL DEPOSIT S ^ CASH ^ CHECK ^ T HOME TELEPHONE # DRIVER'S LICENSE # E-MAIL WILLIAMS@CO . KERR . TX . US EMPLOYER BUSINESSPHONE# (830) 792-2275 Name and address of someone who will always know your location: Number of signatures required for withdrawal 1 FACSIMILE SIGNATURE(S) ALLOWED? ^ YES ©NO LX J SIGNATURE(S) -The undersigned agree to the terms stated on every page of this form and acknowledge receipt of a completed copy. The undersigned further authorize the financial institution to verify credit and employment history and/or have a credit reporting agency prepare a credit report on the undersigned, as individuals. The undersigned also acknowledge the receipt of a copy and agree to the terms of the following disclosure(s): © Deposit Account ~ Funds Availability ® Truth in Savings ^X Electronic Fund Transfers ® Privacy ~ Substitute Checks ,~ . (1-. X MINDY WILLIAMS COUNTY TREASURER I.D. # TX DL 01142661 Other 02/25/52 12): L X PAULA J GIS COUNTY AUDITOR I.D. # TX L 04366501 Other 04/28/45 (3): LX E H TAYLO CHIEF DEPUTY TREASURE I.D. # ~ DL 065 4 15 Other 08/07/53 THERESSA M R 1ST ASST UDITOR I.D. # TX DL 03415193 Other 04/04/75 ^ The person(s) named below are Convenience Signers only (not owners) G ] I.D. # [X I.D. # Other Other IPage 1 0/ 2/ YOUR DEPOSIT ACCOUNT TERMS AND CONDITIONS AGREEMENT -These terms govern the operation of this account unless varied or supplemented in writing. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so that the singular includes the plural and the plural includes the singular. As used in this form, the words "we," "our," or "us" mean the financial institution and the words "you" or "your" mean the account holder(s). This account may not be transferred or assigned without our written consent. Much of our relationship with our deposit customers is regulated by state and federal law, especially the law relating to negotiable instruments, the law regulating the methods of transferring property upon death and the rights of surviving spouses and dependents, the law pertaining to estate and other succession taxes, the law regarding electronic funds transfer, and the law regarding the availability of deposited funds. This body of law is too large and complex to be reproduced here. The purpose of this form is to: (1) summarize the rules applicable to the more common transactions; (2) establish rules to govern transactions or circumstances which the law does not regulate; and (31 establish rules for certain events or transactions which the law already regulates but permits variation by agreement. We may permit some variations from this standard agreement, but any such variations must be agreed to in writing either on our signature card for the account or in some other written form. LIABILITY -Each of you agrees, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges that may be imposed. You authorize us to deduct these charges as accrued directly from the account balance. You also agree to pay additional reasonable charges we may impose for services you request which are not contemplated by this agreement. Each of you also agrees to be jointly and severally liable for any account deficit resulting from charges or overdrafts, whether caused by you or another authorized to withdraw from this account, and the costs we incur to collect the deficit including, to the extent permitted by law, our reasonable attorneys' fees. DEPOSITS -Any items, other than cash, accepted for deposit (including items drawn "on us") will be given provisional credit only until collection is final (and actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars). Subject to any other limitations, interest will be paid only on collected funds, unless otherwise provided by law. We are not responsible for transactions initiated by mail or outside depository until we actually record them. All transactions received after our "daily cut-off time" on a business day we are open, or received on a day in which we are not open for business, will be treated and recorded as if initiated on the next following business day that we are open. WITHDRAWALS -Unless otherwise clearly indicated on the account records, any one of you who signs this form including authorized signers, may withdraw or transfer all or any part of the account balance at any time on forms approved by us. Each of you (until we receive written notice to the contrary) authorizes each other person signing this form to endorse any item payable to you or your order for deposit to this account or any other transaction with us. We may charge your account for a check, even though payment was made before the date of the check, unless we have received written notice of the postdating in time to give us a reasonable opportunity to act. The fact that we may honor withdrawal requests which overdraw the finally collected account balance does not obligate us to do so, unless required by law. Withdrawals will first be made from collected funds, and we may, unless prohibited by law or our written policy, refuse any withdrawal request against uncollected funds, even if our general practice is to the contrary. We' reserve the right to refuse any withdrawal or transfer request which is attempted by any method not specifically permitted, which is for an amount less than any minimum withdrawal requirement, or which exceeds any frequency limitation. Even if we honor a nonconforming request, repeated abuse of the stated limitations lif any) may eventually force us to close this account. We will use the date a transaction is completed by us (as opposed to the day you initiate it) to apply the frequency limitations. On interest-bearing accounts other than time deposits, we reserve the right to require at least seven days' written notice before any withdrawal or transfer. Withdrawals from a time deposit prior to maturity or prior to the expiration of any notice period may be restricted and may be subject to penalty. See your notice of penalties for early withdrawal. ACH AND WIRE TRANSFERS -This agreement is subject to Article 4A of the Uniform Commercial Code in the state in which you have your account with us. If you originate a fund transfer for which Fedwire is used, and .you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a credit to an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit. OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION -You intend these rules to apply to the account depending on the form of ownership and beneficiary designation, if any, specified on page 1. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds. Further, the type of account you select may determine how property passes on your death. Your will may not control the disposition of funds held in some of the following accounts. Single-Party Account Without P.O.D. Designation -The party to the account owns the account. On the death of the party, ownership of the account passes as a part of the party's estate under the party's will or by intestacy. Single-Party Account With P.O.D. Designation -The party to the account owns the account. On the death of the party, ownership of the account passes to the P.O.D. beneficiaries of the account. The account is not a part of the party's estate. Multiple-Party Account Without Right of Survivorship -The parties to the account own the account in proportion to the parties' net contributions to the account. We may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes as a part of the party's estate under the party's will or by intestacy. Multiple-Party Account With Right of Survivorship -The parties to the account own the account in proportion to the parties' net contributions to the account. We may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes to the surviving parties. Multiple-Party Account With Right of Survivorship and P.O.D. Designation - The parties to the account own the account in proportion to the parties' net contributions to the account. We may pay any sum in the account to a party at any time. On the death of the last surviving party, the ownership of the account passes to the P.O.D. beneficiaries. Convenience Account -The parties to the account own the account. One or more convenience signers to the account may make account transactions fora party. A convenience signer does not own the account. On the death of the last surviving party, ownership of the account passes as a part of the last surviving party's estate under the last surviving party's will or by intestacy. The financial institution may pay funds in the account to a convenience signer before the financial institution receives notice of the death of the last surviving party. The payment to a convenience signer does not affect the parties' ownership of the account. Trust Account -The parties named as trustees to the account own the account in proportion to the parties' net contributions to the account. A trustee may withdraw funds from the account. A beneficiary may not withdraw funds from the account before all trustees are deceased. On the death of the last surviving trustee, the ownership of the account passes to the beneficiary. The trust account is not a part of a trustee's estate and does not pass under the trustee's will or by intestacy, unless the trustee survives all of the beneficiaries and all other trustees. Organizational Accounts - We will usually require a separate authorization form designating the person permitted and conditions required for withdrawal from any account in the name of a legal entity such as an organization. We will honor such authorization according to its terms until it is amended or terminated in writing by the governing body of such organization. STOP-PAYMENTS -You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cut-off time. To be effective, your stop-payment order must precisely identify the number, date and amount of the item, and the payee. Our stop-payment cut-off time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop-payment are provided by law. You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. A release of the stop-payment request may be made only by the person who initiated the stop-payment. AMENDMENTS AND TERMINATION -From time to time we may amend any term of this agreement upon giving you reasonable notice in writing or by any other method permitted by law, including, in appropriate circumstances, posting notice in our building. We may also close this account at any time upon reasonable notice to you and tender of the account balance personally or by mail. Notice from us to any one of you is notice to ail of you. STATEMENTS - You must examine your statement of account with "reasonable promptness." If you discover (or reasonably should have discovered) any unauthorized payments or alterations, you must promptly notify us of the relevant facts. If you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we contributed to the loss). The loss could be not only with respect to items on the statement but other items forged or altered by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first made available to you. You further agree that if you fail to report any unauthorized signatures, alterations, forgeries or any other errors in your account within 60 days of when we make the statement available, you cannot assert a claim against us on any items in that statement, and the loss will be entirely yours. This 60 day limitation is without regard to whether we exercised ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section. DIRECT DEPOSITS - If, in connection with a direct deposit plan, we deposit any amount in this account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from this account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. TEMPORARY ACCOUNT AGREEMENT - If this option is selected, we may restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time. SETOFF - We may (without prior notice .and when permitted by law) set off the funds in this account against any due and payable debt you owe us now or in the future, by any of you having the right of withdrawal, to the extent of such persons' or legal entity's right to withdraw. If the debt arises from a note, "any due and payable debt" includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set off, including any balance the due date for which we properly accelerate under the note. This right of setoff does not apply to this account if: (a) it is an IRA or other tax-deferred retirement account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), (c) the debtor's right of withdrawal only arises in a representative capacity, or (dl the debt is created by a home equity loan. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff. FACSIMILE SIGNATURES -You authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen on page t of this agreement, or that are filed separately with us, and contain the required number of signatures for this purpose. (page 2 of 2/ ©1983, 1990, 1991 Bankers Systems, Inc., St. Cloud, MN Form MPSC-LAZ-TX 4/19/2004 HILLCREST BANK AGR13ffi~1T ADTHORIZING WIRE TRANSFERS THIS AGREEMENT dated May 26 _ _2009_._ ~ by and between HILLCREST BANK, a Kansas Bank, with principal offices in Overland Park Kansas (hereinafter called "Bank" ) and ~~E,e,G ~e~,.~r1i (hereinafter called "Customer"). If this aggreement cove s more that one account, see Appendix A. BACKGROUND: Customer may, from time to time, request that Bank transfer funds of the customer on deposit at Bank by means of telephonic, on-line, oral or written request or orders, to other banks for credit to persons or accounts designated by the customer (collectively "Wire Transfers"). AGREEMENT: Customer and the Bank desire to enter into this Agreement regarding any Wire Transfers the bank may make for the customer. Bank and Customer hereby agree as follows: 1. Bank agrees to honor, execute and charge to the account(s) of Customer at Bank, all telephonic, telegraphic, oral or written requests or orders for Wire Transfers when such requests or orders are received from an authorized representative of Customer when such requests are made in compliance with the Bank's transfer procedures. Each such request for a Wire Transfer shall be made by an authorized representative of Customer designated on Appendix A to this Agreement. Customer may add or delete an account, or delete a person designated on Appendix A by written notice, on company letterhead, to Bank. Customer may add a designated person by completing a new Appendix A. In addition, Bank will honor, execute and charge to the account(s) of Customer at Bank, all Wire Transfers requested by Customer or its agents through the use of the Customer's on-line banking software. Customer acknowledges and agrees that Bank cannot verify the identity of the person requesting a Wire Transfers through the use of the Customer's on-line banking software and that Customer shall have the sole responsibility for restricting access thereto to authorized representatives of Customer. Customer agrees that Bank is authorized to record telephone calls from Customer regarding wire transfers. 2. Bank agrees to act upon all requests for Wire Transfers on the date received or on the next business day if such request is received after the deadline established by the Bank for same-day Wire Transfers. 3. Customer hereby acknowledges and agrees that Wire Transfers hereunder are provided as a convenience to Customer and that Bank shall not have any liability or responsibility for any inaccuracy, interruption or delay in transmission or for any circumstances beyond Bank's reasonable control. 4. Customer agrees that Bank's liability for the loss of interest or funds due to the Customer as a result of Bank's failure to comply with this Agreement shall be limited to the lesser of sixty-one (61) days funds due to the Customer as a result of Bank's failure to comply with this Agreement or or the time until the error is corrected, and will be in the form of either of the following as Bank's option: HILLCREST BANK AGREENI6N'P AUTHORIZING WIRE TRANSFERS (a) Adjust the balances of the Customer's account to properly reflect the average balances in the account which would have resulted had no error occurred; or (b) Reimbursement by check for interest not exceeding the average Fed Fund interest rate for the period of lost interest, computed on a daily basis. 5. Customer agrees to assume full responsibility for any error made by Customer and for all transfers made by Bank in good faith in accordance with the procedures set forth herein. Customer agrees that the Bank will not be required to make Wire Transfers that exceed the collected balances of the Customer's accounts as determined by Bank. 6. Customer agrees that Bank may change the procedures referred to herein upon written notice to Customer. IN WITNESS THEREOF, the parties have executed this Agreement on the day and year first above written. 1~IkL ~O v ivTli HILLCREST BANK Cus omer By: By: ~, Printe Name: Pat Tinley Printed Name: SSE ~ u X440 Title: Kerr County Judge Title: ~~~~Eyv~~T 1