2003-247FILE REFERENCE FORM 2003-247
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Repealed by Ordinance No. 2011-012 02/01/11 )R
ORDINANCE NO.,W -Ai`f /
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER
INTO AN AGREEMENT WITH BANK ONE, NA AND TO PARTICIPATE IN AN
AGREEMENT BETWEEN BANK ONE, NA AND THE TEXAS BUILDING AND
PROCUREMENT COMMISSION RELATING TO THE USE OF PURCHASING CARDS;
REPEALING ORDINANCE 99-285; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO MAKE EXPENDITURES SET FORTH IN THE CONTRACT; AND PROVIDING
AN EFFECTIVE DATE (FILE 3068-AGREEMENT 946-A1 BETWEEN THE STATE OF TEXAS
BUILDING AND PROCUREMENT COMMISSIONBANK ONE NA, AND THE CITY OF
DENTON FOR A PURCHASING CARD SYSTEM).
WHEREAS, the City of Denton wishes to repeal the agreement with Bank of America,
NT&SA entered into on September 7, 1999 (Ord. 99-285) and replace the agreement with a similar
agreement with Bank One, NA and the State of Texas Building and Procurement Commission; and
WHEREAS, a number of Texas cities and other governmental entities 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 Bank One NA and the Texas Building and Procurement 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 Bank One NA and the Texas Building and Procurement Commission
known as Contract 946-Al and by entering into that certain agreement between the City of Denton
and Bank One NA relating to the use of purchasing cards substantially in the form which is attached
to and made 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 expenditure and take
actions set forth in the attached agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this 10 day of t 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: n Vm 14 l""/ 0.
APP VEDA TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-0RD-File 3068
Attachment 1
HANK=ONE
AGREEMENT BETWEEN
("TBPC Co-Op Entity Name")
("TBPC Co-Op Entity Account Number")
and BANK ONE, NA
FOR PROCUREMENT CARDS
As an authorized member of The Texas Building & Procurement Commission (TBPC) Co-Operative
Purchasing Program, (Co-Op) the referenced Co-Op Entity is authorized to participate in the Bank One,
NA Procurement Card Contract, 946-A1, between Bank One, NA and TBPC.
Additional Representations and Warranties of Public Agencies
TBPC Co-Op Entity makes these additional representations and warranties, which are hereby included in
the contract document and agreement between Bank One and the Co-Op entity:
1. AE TBPC Co-Op Entity Charges shall be for TBPC Co-Op Entity purposes.
2. The rights and obligations of TBPC Co-Op Entity under this Agreement are duly authorized, Legal and
valid, and this Agreement is a binding obligation of the TBPC Co-Op Entity, enforceable against
TBPC Co-Op 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 TBPC Co-Op Entity and performance by T13PC Co-Op Entity of its
obligations under this. Agreement will not (i) constitute or result in a breach or default under TBPC Co-
Op Entity's charter or any contract to which T13PC Co-Op Entity is a party or by which it is bound, or
(ii) 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 TBPC Co-Op 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 TBPC Co-Op Entity Charges by T13PC Co-Op Entity under this Agreement (i) are duly
authorized and constitute valid and binding obligations of TBPC Co-Op Entity, enforceable against
TBPC Co-Op Entity, (ii) shall not cause TBPC Co-Op Entity to exceed any legal limits applicable to
the TBPC Co-Op Entity Charges when made, and (iii) constitute the legal expenditures of TBPC Co-
Op Entity.
6. Contract is contingent upon continued membership in TBPC Co-Op.
Prior to the Effective Date of this Agreement, TBPC Co-Op Entity shall deliver to Bank One the opinion
of its counsel (or other counsel acceptable to Bank One) as to the matters set forth in Paragraph 1-6 above,
which opinion shall be in the form and substance acceptable to Bank One.
Executed by duly authorized officers of the parties to be effective as of
(the "Effective Date") and continue until contract 946-Al is terminated, cancelled or expires.
BANK ONE, NA
TBPC Co-Op Entity Name
By
Print Name
Title
Date Signed
By
Prim Name
Title
Date Signed