2005-029 ResolutionOFFICIAL RECORD
RESOLUTION NO. 05-029
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING THE CITY'S PARTICIPATION IN THE TEXAS
BUILDING AND PROCUREMENT COMMISION COOPERATIVE
PURCHASING PROGRAM.
WHEREAS, the Texas Building and Procurement Commission is authorized to provide
purchasing services for local governments pursuant to TITLE 8. SUBTITLE C. Chapter 271,
Subchapter D. sections 271.082 and 271.083 of the Local Government Code; and
WHEREAS, the City Council of the City of Southlake is a Local Government defined as
an entity qualified to participate in the Cooperative Purchasing Program of the Texas Building
and Procurement Commission pursuant to section 271.081 of the Local Government Code; and
WHEREAS, in accordance with the requirements of section 113.85(a) of the Texas
Building and Procurement Commission administrative rules, the Agent(s) of Record, Sharen
Elam, Finance Director and Sharon Guess, Assistant Finance Director are authorized to execute
any and all documentation for the City of Southlake pertaining to its participation in the Texas
Building and Procurement Commission Cooperative Purchasing Program; and
WHEREAS, the City of Southlake acknowledges its obligation to pay participation fees
established by the Texas Building and Procurement Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, Texas, that request be made to the Texas Building and Procurement
Commission to approve the City of Southlake for participation in the Texas Building and
Procurement Commission Cooperative Purchasing Program.
1Adoptedthis day of Q vI-e—, , 2005 by the City Council of the city of
Southlake.
By:
Andy Wambsganss,
Mayor
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Lori A. Farwell, City Secretary
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Sharen Elam,
Finance Director
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Sharon Guess,
Assistant Finance Director
BANK= ONE
AGREEMENT BETWEEN
ThPC 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. All 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 TBPC 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 TBPC 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 TBPC 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 4 -1 ,Waf5
the "Effective Date") and continue until contract 946-A1 is terminated, cancelled or expires.
6 ® P t5Udh1ffVr, BANK ONE, NA
TBPC o -Op Entity Name
By By
Print Name hCz YE l \Af-r-`FC) n Print Name
Title 0 vxo- - - Title
Date Signed Date Signed