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HomeMy WebLinkAboutResolution No. 2025-040R S- CLERWOM, CITY OF CLERMONT RESOLUTION NO.2025-04OR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AUTHORIZING PERSONS TO HAVE SIGNATURE AUTHORITY ON CITY FINANCIAL ACCOUNTS, AGREEMENTS,AND OTHER OFFICIAL CITY BUSINESS,AS WELL AS AUTHORIZING SIGNATURE BY ELECTRONIC MEANS, PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS,AND AN EFFECTIVE DATE. WHEREAS, Florida law, through, inter alia, Article VIII of the State Constitution and Section 166.021(1), Florida Statutes, provides that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions,and render municipal service,and exercise any power for municipal purposes, except those expressly prohibited by law; and WHEREAS,the City now has more than 50,000 residents,with a resulting increase in the complexity of its various financial accounts, contracts, and other general official business; and WHEREAS, the City desires to improve its financial and official governance controls to provide for appropriate signatories for official business of the City,as well as alternative approved signatories when an authorized signer is unavailable; and WHEREAS,the Florida Electronic Signature Act, Chapter 688, Florida Statutes,provides that an electronic signature may be used to sign a writing and shall have the same force and effect as a written signature; and WHEREAS, the City has informally accepted and used electronic signatures on official business,including on contracts and checks,but wishes to formally authorize electronic signatures on resolutions, ordinances, council minutes, and other City documents; and WHEREAS, the City seeks to utilize DocuSign software, which meets statutory requirements for valid electronic signatures per statute, or substantially similar and legally compliant software,to electronically sign resolutions,ordinances, council minutes,and other City documents; and WHEREAS, the City Council of the City of Clermont finds that this Resolution approving and authorizing signatories for official City business as well as the manner in which signatories use this authority, including by electronic means, is in the interests of the public health, safety, and welfare. NOW,THEREFORE,be it resolved by the City Council of the City of Clermont,Florida, that: S CIERWONT CITY OF CLERMONT RESOLUTION NO. 2025-040R SECTION 1: RECITALS The above-stated recitals are hereby adopted and confirmed. SECTION 2: AUTHORIZATION FOR FINANCIAL ACCOUNTS, FINANCE, AND OPERATIONAL DOCUMENTS The following persons are authorized to sign the signature cards for the City's financial accounts, including custodial accounts, wherever they may be established, but including those currently at JP Morgan Chase Bank and TD Bank: Rick Van Wagner, City Manager Dan Matthys, Deputy City Manager Scott Borror, Finance Director Tracy Ackroyd Howe, City Clerk Such persons also shall be authorized to open accounts at financial institutions for the use and benefit of the City. The City Manager may, in writing, delegate such authority for specific documents or categories of documents,to the Finance Director. SECTION 3: AUTHORIZATION FOR OTHER FINANCIAL OR OPERATIONAL DOCUMENTS The following persons are authorized to sign other financial documents, including operational documents of the City, which may include by way of example, grant documents, audits, city certifications, purchasing card program documents, or any other operational documents for the City, not including those identified and referenced in Section 23.1 of the City Charter or Section 5, infra, in the following order: City Manager Deputy City Manager Finance Director Assistant Director Chief Accountant Payroll Coordinator Procurement Director Grants and Special Projects Manager Generally, such documents should be signed by the City Manager. If the City Manager is unable to sign or unwilling to perform a ministerial duty in this regard, then the Deputy City Manager shall sign. If the Deputy City Manager is unable or unwilling as a matter of a ministerial duty, then the authority goes to the next officer,the Finance Director, and so on through the list. The City Manager may, in writing, delegate such authority for specific documents or categories of documents, to the Finance Director, Procurement Director, or Grants and Special Projects Manager. CITY OF CLERMONT ;7- RESOLUTION NO. 2025-04OR SECTION 4: WIRING AUTHORIZATION For the transmission of any payments by wire transfer, the City requires authorization of two (2) persons from the following list,and in the following order,subject to availability: Finance Director Assistant Director Chief Accountant Payroll Coordinator SECTION 5: AUTHORIZATION FOR RESOLUTIONS, ORDINANCES, COUNCIL MINUTES, AND OTHER COUNCIL BUSINESS Consistent with Section 23.1 of the City Charter, the Mayor shall be authorized to sign all deeds, leases, easements, contracts, or any other legal instruments authorized by the City Council, which shall be deemed to include resolutions, ordinances, council minutes, and similar documents, such as proclamations. In the event that the mayor is unable or unwilling to sign such City documents,then the mayor pro tern shall be authorized to sign such City documents. In the event that the mayor pro tern is unable or unwilling to sign such documents,then the Council member with greatest seniority in office shall be authorized to execute such documents.If multiple members have the same seniority, then such Council member shall be selected to sign in alphabetical order. SECTION 6: ELECTRONIC SIGNATURES PERMITTED FOR OFFICIAL CITY DOCUMENTS In the event that an authorized signer under Sections 2 or 3 of this Resolution is unable to execute official City documents pursuant to this section in person, then the City Council hereby approves the use of electronic signatures on any such document subject to Section 4 of this Resolution, unless such signature is insufficient under Florida law to make the document effective. Such electronic signatures must comply with the Florida Electronic Signature Act,Chapter 688, Florida Statutes, or any other applicable law. In the event of routine, ministerial acts such as issuance of payroll checks, the signatory may elect in writing to allow an electronic signature to be used. SECTION 7: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. d= CLEOONT CITY OF CLERMONT RESOLUTION NO. 2025-04OR SECTION 8: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 9: ADMINISTRATIVE CORRECTION This Resolution may be re-numbered or re-lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 10: EFFECTIVE DATE This Resolution shall be effective on October 14, 2025. d✓ CIERWONT CITY OF CLERMONT � RESOLUTION NO. 2025-04OR NOW, THEREFORE, BE IT RESOLVED, that the above-said resolution of the City Council of the City of Clermont, Florida be adopted on this 14th day of October, 2025. CITY OF CLERMONT, FLORIDA f, Tim Miurry, Ma r ATTEST."" Tracy Ackroyd w , KfMC City Clerk Approved as to orm and legality Christian W. Waugh, lity Attorney