1999-285F ~shared~dept\LGL\Our Documents\Ordmances\99~Bank of America Ordinance doc
O =ANCE NO q ¢- f
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 Amenca, NT&SA ("Bank") has entered anto a Purchasang Card
Contract Number 303-946-A1 between the Bank and the State of Texas General Services
Commission, and
WHEREAS, a number of Texas reties and other governmental entrees, lncludang the
cities of Beaumont, Pdchardson, Umverslty Park, and the Town of Addison, Texas, have chosen
to partmapate m tlus contract, and
WHEREAS, the C~ty Manager recommends that the C~ty of Denton authorize ham to
enter anto thas contract, and
WHEREAS, the C~ty Council deems ~t in the public anterest to partmlpate in the
agreement for purchasing cards between the Bank and the General Servmes Commasslon, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. That the Caty Manager ~s hereby authorized to enter anto and participate an
that certain agreement between the Bank and the General Services Commission known as
Contract 303-946-A1 and by entenng anto that certain agreement between the City of Denton and
the Bank relating to the use of purchasing cards substantially ~n the form whach is attached to and
made a part of thas ordanance for all purposes The City Manager as further authorized to enter
into and to execute any additional contracts or documents necessary to facilitate th~s agreement
SECTION 2. That the C~ty Manager as hereby authorized to make the expendatures and
take actions as set forth m the attached agreement
SECTION 3. That this ordinance shall become effectave ammedmtely upon ats passage
and approval
PASSED AND APPROVED thlsthe 7Z-~/l day of ~~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
JACK Iv~d~R, MAYOR
STATE OF TEX~S
COUI~Y OF DEI~ON
AGREEMENT BETWEEN ~e C:Lt¥ O~ Denton~ Texas
("Local Government Entity") and BANK OF AMERICA NT&SA
FOR PURCHASING CARDS
Local Government Entity m authorized under ~hn ~aws of the State of Texas to
utilize the cooperative purehesmg program of Texas to pamcipate In the Bank of America NT&SA Purchesmg Card
Contract 303-946-A1 between Bank of America NT&SA end the General Services Commission
In consideration of the mutual covenants and agreements, the parties hereto agree to the followmg
The documents constituting thL~ Agreement m'e tho RFP #303-7-946-A1, the Response fi.om Bank of America dated
November 4, 1996, Bank of America's Best and Final Offer dated April 24, 1997, State of Taxes Standard Terms
andConditionsendtheBankofAmericaStandardCun,tt,'act(the"ConUactDocuments') As those documents
have been amended by The General Services Commission
In the event of a conflict, the lengun~e m the ConUact Documents shall control m the following order of preference
State of Texas Standard Terms end Conditions
2 Bank of America's Best end Final Offer, dated April 24, 1997
3 Response from Bank of America, dated November 4, 1996
4 Request for Proposal 303.946-A 1
The Bank of America Standard Contract with Scbedule 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 end warranties, which are hereby added to
the Contract Documents
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 bmdmg obligation of the Local Government Entity, enforceable against
Local Government Entity tn aceordunce with its terms, except es enforcement may be luntted by bankruptcy,
insolvency end other laws affecting the enforcement of creditors rights and remedies m general, or by the
application of eqmtable principles if eqmteble remedies are sought
3 Execution of this Agreement by Local Government EnUty and performance by Local Government
Entity of Its obligations under this Agreement will not (0 consUtute or result m a breach or default under Local
Government Entlty's charier or any contract to which Local Government Entity is a party or by which it is bound, or
(il) result m the violation of any applicable law, regulaUon, ordmenco, judgment, decree or order
4 All apprevnls end authorizations requned to permit the execution, delivery, performance and
consummation by Local Government Entity of this Agreement end lransactmn contemplated under this Agreement
have been obtained, including any necessary approvals end anthonzntions from other governmental agencies
5 Any Local Government Entity Charges by Local Government Entity under this Agreement (t)
are duly anthonzed and constitute valid end binding obligations of Local Government Entity, enforceable against
Local Government Entity, (il) shall not cause Local Government Entity to exceed any legal lunits applicable to the
Local Government Entity Charges when made, and (n0 constitute the legal expond~tures of Local government
Entity
Prior to the Effective Date of this A~reemunt, Local Government Entity shall deliver to Bank the opinion of its
counsel (or other counsel acceptable to the Bank) es to the matters set forth m Paragraphs 1-5 above, which opinion
shall be m form and substance acceptable to Bank
03/06/01 10:03 FAX 802 597 7409 COMMERCIAL CARD SERVICES
' FEB ~5 2000 14:54 FR BANK OF RMERICA 704 ~88 92~ TO 9i6025972980
~ 002
P. 14704
Print Name
Title
D~te Signed ....
** TO PRGE.04 **