===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 8.1L. Establishment of a Business Credit Card Program with ar Bankers’ Bank (7700 Mineral Point Road, Madison, WI | FILE NUMBER: 53717) for up to two managers per Department (no more than ten total for the organization) for a monthly credit limit ] COMMITTEE AGENDA DATE: N/A of $15,000 to $25,000. COUNCIL AGENDA DATE: 5/16/2022 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: As | have mentioned in multiple Weekly Updates, the City is re-establishing a Business Credit Card Program. Initially, we wanted to use Fifth Third Bank, which has most of our accounts, but its Business Card Program is on hold until mid- to late June, which doesn’t work for our organization. So, staff reached out to another local financial institution, Staff will be working with Republic Bank (through Bankers’ Bank), representatives to establish a Program for the City. One of its requirements is that the City Council direct the creation of this program, establish the number of participants (number of staff to have credit cards) and the monthly limit. So, staff is requesting that the City Council approve the following motion: Approve the establishment of a Business Credit Card Program with Bankers’ Bank (7700 Mineral Point Road, Madison, WI 53717) for up to two managers per Department (no more than ten total for the organization) for a monthly credit limit of $15,000 to $25,000. Once approved, the Director of Administrative Services will work with Republic Bank staff to complete the documents needed for the credit card accounts to be created and the cards to be issued. The paperwork associated with this Program and the draft, nearly final Credit Card Policy, is attached in case you are interested. STAFF RECOMMENDATION: Staff recommends approval of this motion. COMMITTEE RECOMMENDATION: This item did not go to Committee, as the creation of the Policy and Program is a management responsibility, but Bankers’ Bank (through Republic Bank) requires that the City Council establish the parameters within which management will operate. ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] Bankers’ Bank Bank Use Only: OFAC Check performed (] Business Card Application Before completing this application, you should be able to answer “Yes” to the following questions: Are you the business owner or authorized to borrow on behalf of the business? 0 Yes 0 No Is kes cred aii clear of ears or jase eee accounts? 0 Yes O1No Rewards Program? OYes ONo Total Credit Line $ Business Master Account? 1 Yes ONo If Master, Consolidated Bil O Yes O No Company Profile (A financial state Name of Company nt is required) Company Street Address City State Zip Code Tax ID# Telephone Number Organized in the State of Type of Business Annual Sales Date Business Started Type of Organization: 0 Sole Proprietorship General Partnership Limited Partnership Profit Corporation 0 Non-Profit Government Agency Limited Liability Company (LLC) Other Organization Name of Principals or Officers Title Social Security Number 1) 2) 3) Principal Bank Relationship Bank Address City, ST, Zip Code Bank Officer Type of Account(s) Account Number(s) 1) 2) 3) Please provide names and home addresses of individuals to be issued credit cards. ame Social Security Number Credit Line 1) Street Address City State Zip Code Driver’s License Number __ State Exp TT oa——— Name Social Security Number Credit Line 2) Street Address City State Zip Code Driver's License Number State Exp Name Social Security Number Credit Line 3) Street Address City State Zip Code Driver's License Number State Exp a Name Social Security Number Credit Line 4) Street Address City State Zip Code Driver's License Number _ State Exp ————— oO Name Social Security Number Credit Line 5) Street Address City State Zip Code Driver's License Number State Exp eee —E By signing this application, the Company agrees that if this application is accepted and a card(s) issued, the Company will be bound by the terms and conditions within the Cardholder Agreement. To the extent permitted by law, the Company or sole proprictorship, individual, if company is a sole proprietor, shall be responsible and liable for any unauthorized use of any cards issued to Company Pursuant o this application. It is the Company’s responsibility to secure all Company credit card(s) from terminated employees. The financial institution is authorized to verify the statements contained herein, and may make whatever credit inquiries it deems necessary. Company represents and warrants that the credit will be used primarily (50% or more) for other than personal, family, household purposes. Signature Date Print Title and Name ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] For value received, and to induce Bankers’ Bank ("Bank") to issue a VISA credit card(s) ("Card") on behalf of the "Company" named on the Business Card Application printed on the reverse side of this Guaranty, the undersigned (each a "Guarantor", whether one or more), jointly and severally guarantees payment of all loans and liabilities of every kind arising out of the issuance of and credit granted under the Card account by Bank to Company, including, without limitation, all obligations under the Cardholder Agreement governing the issuance of the Card by Bank ("Debt"). Debt includes interest and charges and the amount of payments made to Bank or another by or on behalf of Company which are recovered from Bank by a trustee, receiver, creditor or other party pursuant to applicable federal or state law, and all costs, expenses and attorneys' fees at any time paid or incurred before and after judgment in collecting all or part of the Debt, or to realize upon this Guaranty, including those incurred in successful defense or settlement of any counterclaim brought by Company or Guarantor or incident to any action or proceeding involving Company or Guarantor brought pursuant to the United States bankruptcy code. This Guaranty is valid and enforceable against Guarantor even if any Debt is or becomes unenforceable against Company or invalid for any reason. The undersigned waives notice of any default under the Debt and all diligence of collection and presentment, demand, notice and protest, and any equitable defenses of suretyship. The undersigned consents to a release or agreement not to sue or proceed against or a settlement or compromise of the amount due from any Guarantor or the Company. Any action to enforce this Guaranty may be brought in and Guarantor consents to personal jurisdiction of the state and federal courts located in Dane County, Wisconsin. This is the final agreement between Guarantor and Bank and may not be modified except in writing. Guarantor consents to and authorizes Bank to obtain information on Guarantor's creditworthiness including credit reports and agrees to furnish to Bank upon request personal financial statements. Individual Guarantor signature* Individual Guarantor signature* *Print name signed above *Print name signed above Individual Guarantor signature* Individual Guarantor signature* *Print name signed above *Print name signed above ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] Account Number: Certification of Beneficial Owner(s) Persons opening an account on behalf of a legal entity must provide the following information. Name and Title of Person Opening Account: NAME TITLE Name and Address of Legal Entity for Which the Account is Being Opened: NAME PHYSICAL ADDRESS TYPE OF ENTITY For Profit Corporation Non-Profit Corporation LLC Publicly Traded Company LLP Government Entity LP Other The following information for each individual, if any, who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise, owns 25% or more of the equity interests of the legal entity listed above: For Non-U.S. Persons: Social Security Number, For U.S. Passport Number and NAME Persons: Country of Issuance, or and DATE OF Social Security other similar % OF OWNERSHIP BIRTH PHYSICAL ADDRESS Number identification number * ees If no individual meets this definition, please write “Not Applicable” 1 ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] Account Number: Certification of Beneficial Owner(s), Continued The following information for one individual with significant responsibility for managing the egal entity listed above, such as: An executive officer or senior manager (e.g., Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Managing Member, General Partner, President, Vice President, Treasurer); or Any other individual who regularly performs similar functions. NAME / TITLE DATE OF BIRTH PHYSICAL ADDRESS For U.S. Persons: Social Security Number For Non-U.S. Persons: Social Security Number, Passport Number and Country of Issuance, or other similar identification number * If appropriate, an individual listed under the preceding section may also be listed in this section. L (name of natural person opening account), hereby certify, to the best of my knowledge, that the information provided above is complete and correct. Signature: Date: *In lieu of a passport number, Non-U.S. Persons may also provide a Social Security Number, an alien identification card number, or number and country of issuance of any other government- issued document evidencing nationality or residence and bearing a photograph or similar safeguard. ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CREDIT CARD POLICY AND PROCEDURES May 10, 2022 Policy Statement The City offers credit cards to designated employees to provide a flexible, efficient and alternative means of payment for approved expenses. The purpose of this Policy is to set forth guidelines and internal controls that will be applied to all employees who are issued a City credit card. This Policy conveys clear procedures for the issuance, application, use of credit cards and charge accounts with merchants, safeguarding, payment and termination of City issued credit cards. The City bears no legal liability from inappropriate use of City issued credit cards and related charge accounts. Policy Guidelines This Policy is designed to be a fluid document and may be modified from time to time to conform to changes in legislation, technology, actual practices and updates that are implemented by the card issuer. Employees are expected to read and understand this policy and procedures. Employees who need assistance with issues or specific situations not covered by this policy should contact the City Administrator or Administrative Services Director. The City Administrator makes the final determination regarding the issuance of credit cards and related credit limits. The City Administrator and the Administrative Services Director are responsible for the implementation, issuance of employee credit cards, accounting of charges, auditing, payment processing, card issuer relations, card cancellations and program compliance with the City’s Credit Card Policy. The City Administrator and the Administrative Services Director shall maintain a record of all credit cards owned by the City, along with the name of the employee who has been issued a credit card, the credit limit established, changes to credit limit, the date issued and the date returned. City issued credit cards are only to be used for legitimate City business purchases. Personal use of a City issued credit card for personal purchases or expenses is prohibited, even if there is intent to immediately reimburse the City. Prohibited personal travel expenses include, but are not limited to, expenses related to a spouse or non-employee traveling with an employee on a business related trip and incidental purchases or services such as movie rentals or meals and refreshments that are not consistent with the travel purpose. 1. Eligibility and Credit Spending Limits City credit cards are the property of the City and may only be used by an employee of the City for the purchase of goods or services to conduct the official business of the City. a. The City Administrator and Department Directors will be issued credit cards; they may allow the Department Administrative Assistant (or an equivalent position) to use the cards on their behalf with written authorization for each purchase. Each Department Head may provide the name of one other senior manager within their Department to be issued a second credit card for Departmental use, with the approval of the City Administrator. ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] b. No more than $5,000 per month may be charged to each Department’s credit card; employees’ use of their credit cards are subject to the per transaction spending limits contained within the City’s Purchasing Policy. Splitting a single transaction into more than one transaction to stay under the per transaction spending limit is considered a violation of this policy. 2. Use and Financial Responsibilities The employee agrees to comply with all applicable policies and procedures of the City of West Chicago including the Credit Card Policy. a. All cardholders are required to sign the “Cardholder Agreement” (Attachment A) indicating that they understand and agree to the terms and conditions of this Policy, and obtain signed authorization of the City Administrator. All cardholders are required to complete a Credit Card Application form, to include the City Administrator’s signature as Joint Account Holder. The signed Cardholder Agreement and Credit Card Application form should be forwarded to the Administrative Services Director to be processed for credit card issuance. b. The employee is responsible for all charges made to the card, and will be held personally liable for the total dollar amount of any unauthorized charges appearing on the credit card statement. The employee, as authorized credit cardholder, may also be subject to the revocation of card privileges or discipline up to and including termination for card use that is considered misuse of the card or for noncompliance with this policy. c. This credit card is to be used only for official City business expenditures. The cardholder is responsible for ensuring that the credit card purchases are within budget and properly approved. d. Under no circumstances should the card be used for personal purchases, cash advances, money orders, travelers’ checks, liquor, alcoholic beverages, tobacco products or any other unauthorized use. 3. Tax Exempt Status The City is sales tax-exempt and should not be charged sales tax for purchase that are charged to City issued credit cards. The City has a sales tax-exempt form that should be provided to vendors as needed prior to purchases. The cardholder is responsible to obtain credit for any sales taxes that may be charged. 4. Safekeeping Cardholders are responsible for safeguarding the credit card against loss, misuse, or theft. When not in use, the card should be placed in a secure location and take care to retain physical control of the credit card. a. Newly issued cards should be signed immediately by the cardholder upon receipt. b. When using the card for approved Internet transactions, care should be taken that the site utilizes recognized encryption technology. c. Card numbers should not be saved or stored in online accounts, unless required (e.g. Facebook, JotForm, Constant Contact, Canva etc.). Any accounts that require a card ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] number in order to make a purchase should be reported to the City Administrator or her/his designee. d. The cardholder should make certain that the card is returned after each transaction. When the credit card has expired or the cardholder has received a new credit card, the old card is to be destroyed. If the employee is leaving employment with the City, the credit card is to be returned to the City Administrator or her/his designee. c 5. Ownership The credit card may not be transferred or assigned to anyone other than the designated cardholder. The City may suspend or cancel cardholder privileges at any time for any reason. 6. Recordkeeping Cardholders will receive a detailed monthly statements for their transactions, which must be reviewed and approved in a timely manner. Appropriate supporting documentation for each purchase is to be printed and attached to the statement. Statements should be entered into Central Square or any subsequent financial platform for processing within five (5) business days to allow sufficient time to make payment so as to not incur finance charges. Any finance charges assessed on the account due to late payments will be the responsibility of the employee’s Department to pay. Repeated offenses may result in the revocation of credit card privileges. The City Administrator or her/his designee will monitor the use of the credit cards as part of the City’s internal control program. 7. Disputed Items It is the cardholder’s responsibility to follow-up on any erroneous charges, returns, or adjustments to ensure proper credit is given on subsequent statement. 8. Policy Violations Violations of this Policy could result in the withdrawal of credit card privileges. It may also result in disciplinary action against the employee, up to and including termination. As with all violations of City Policy, the City of West Chicago will consider the facts and circumstances of each incident and will take action as deemed appropriate. Additionally, personal use of a City credit card may result in criminal prosecution. ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] CREDIT CARDHOLDER AGREEMENT If, , hereby acknowledge receipt of the City of West Chicago Corporate Credit Card with the following number: As the holder of this credit card, I acknowledge receipt of the Credit Card Policy and agree to comply with its terms and conditions and this Agreement. I accept the responsibility and accountability for the protection and proper use of the card. I understand that this credit card is City property, and I will be making financial commitments on behalf of the City when using this card. I agree that the card is not to be used for personal purchases, and that I must provide a receipt for every purchase, except for authorized monthly or otherwise recurring charges. I understand that the City may review the use of this card and I have no expectation of privacy concerning any charges incurred. I agree to be held personally liable for the total dollar amount of any improper charges incurred, plus any administrative fees assessed in connection with the misuse of this card. I understand that misuse of this card could result in criminal prosecution. I agree to reconcile my purchases and submit the invoice statement with sufficient supporting documentation within five (5) business days to ensure the timely payment of the charges. I agree to immediately notify the bank and the City Administrator or her/his designee should he card be lost, stolen, or subject to unauthorized use or fraud. Signature: Date: