HomeMy WebLinkAbout1999-285F \shared\dept\LGL\Our Documents\Ordinances\99\11ank of America Ordinance doc
ORDINANCE NO 97'
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE BANK OF AMERICA AND TO PARTICIPATE IN AN
AGREEMENT BETWEEN THE BANK OF AMERICA, NT&SA AND THE GENERAL
SERVICES COMMISSION RELATING TO THE USE OF PURCHASING CARDS,
AUTHORIZING THE CITY MANAGER TO MAKE THE EXPENDITURES SET FORTH IN
THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Bank of America, NT&SA ("Bank") has entered into a Purchasing Card
Contract Number 303-946-Al between the Bank and the State of Texas General Services
Commission, and
WHEREAS, a number of Texas cities and other governmental entities, including the
cities of Beaumont, Richardson, University Park, and the Town of Addison, Texas, have chosen
to participate in this contract, and
WHEREAS, the City Manager recommends that the City of Denton authorize him to
enter into this contract, and
WHEREAS, the City Council deems it in the public interest to participate in the
agreement for purchasing cards between the Bank and the General Services Commission, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. That the City Manager is hereby authorized to enter into and participate in
that certain agreement between the Bank and the General Services Commission known as
Contract 303-946-Al and by entering into that certain agreement between the City of Denton and
the Bank relating to the use of purchasing cards substantially in the form which is attached to and
made a part of this ordinance for all purposes The City Manager is further authorized to enter
into and to execute any additional contracts or documents necessary to facilitate this agreement
SECTION 2. That the City Manager is hereby authorized to make the expenditures and
take actions as set forth in the attached agreement
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval L
PASSED AND APPROVED this the day of 1999
IZJWArV. MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
r�
BY
STATE OF TEXAS
COUNTY OF DENTON
AGREEMENT BETWEEN _ The city of Denton, Texas
("Local Government Entity") and BANK OF AMERICA NT&SA
FOR PURCHASING CARDS
Local Government Entity is authorized under The Lays of the State of Texas to
utilize the cooperative purchasing program of Texas to participate in the Bank of America NT&SA Purchasing Card
Contract 303-946-A I between Bank of America NT&SA and the General Services Commission
In consideration of the mutual covenants and agreements, the parties hereto agree to the following
The documents constituting this Agreement are the RFP #303-7-946-A1, the Response from Bank of America dated
November 4, 1996, Bank of America's Best and Final Offer dated April 24, 1997, State of Texas Standard Terms
and Conditions and the Bank of America Standard Contract (the "Contract Documents") As those documents
have been amended by The General Services Commission
In the event of a conflict, the language in the Contract Documents shall control in the following order of preference
I State of Texas Standard Tam and Conditions
2 Bank of America's Best and Final Offer, dated April 24, 1997
3 Response from Bank of America, dated November 4, 1996
4 Request for Proposal 303-946-A l
5 Ito Bank of America Standard Contract with Schedule of Fees and the Terms of Payment as
amended by the General Services Commission
Additional Representations and Warranties of public Agencies
Because Local Government Entity is a city, county, school district, community college district, state agency or other
public agency or corporation, it makes these additional representations and warranties, which are hereby added to
the Contract Documents
I All Local Government Entity Charges shall be for Local Government Entity purposes
2 The rights and obligations of Local Government Entity under this Agreement are duly authorized,
Legal and valid, and this Agreement is a binding obligation of the Local Government Entity, enforceable against
Local Government Entity in accordance with its terms, except as enforcement may be limited by bankruptcy,
insolvency and other laws affecting the enforcement of creditors rights and remedies in general, or by the
application of equitable principles if equitable remedies are sought
3 Execution of this Agreement by Local Government Entity and performance by Local Government
Entity of its obligations under this Agreement will not (i) constitute or result in a breach or default under Local
Government Entity's charter or any contract to which Local Government Entity is a party or by which it is bound, or
(it) result in the violation of any applicable law, regulation, ordinance, judgment, decree or order
4 All approvals and authorizations required to permit the execution, delivery, performance and
consummation by Local Government Entity of this Agreement and transaction contemplated under this Agreement
have been obtained, including any necessary approvals and authorizations from other governmental agencies
5 Any Local Government Entity Charges by Local Government Entity under this Agreement (t)
are duly authorized and constitute valid and binding obligations of Local Government Entity, enforceable against
Local Government Entity, (it) shall not cause Local Government Entity to exceed any legal limits applicable to the
Local Government Entity Charges when made, and (ut) constitute the legal expenditures of Local government
Entity
Prior to the Effective Date of this Agreement, Local Government Entity shall deliver to Bank the opinion of its
counsel (or other counsel acceptable to the Bank) as to the matters set forth in Paragraphs 1-5 above, which opinion
shall be in form and substance acceptable to Bank
03/06/01 10:08 FAX 602 597 7409 COMMERCIAL CARD SERVICES Z 002
FED 15 2000 14:54 FR BANK OF AMERICA 704 388 9233 TO 9160259?2960 P. 4iO4
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Executed by duly authorized officers of the parties to be efketive
"Effective Date").
CTTY1' OF
Local Government Entity
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Bwoo,✓ [�
Print Name p .C3= JEZ
Title CITY MANAGER
Date Signed Of1a7 h9
ATTEST:
APPROVED AS TO BORM-
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