Item 9BCity of Southlake, Texas
MEMORANDUM
June 14, 2005
TO: Shana Yelverton, City Manager
FROM: Sharen Elam, City Finance Director
SUBJECT: Approval of Resolution No. 05 -029, Approving the city's participation in
the Texas Building and Procurement Commission Cooperative Purchasing
Program
Action Requested: Approval of Resolution No. 05 -029, Approving the city's participation
in the Texas Building and Procurement Commission Cooperative
Purchasing Program
Background
Information: One of the requirements to implement the procurement card program,
the city must be a member of the Texas Building and Procurement
Commission Co -op. The implementation of the procurement card
program would increase purchasing controls, centralize the
administration of purchasing program and improve expense and
supplier analysis across organization.
Financial
Impact: $100.00 annual fee
Citizen Input/
Board Review: None required
Legal Review: The attached resolution is under review by the city attorney.
Alternatives: The Council may approve it or deny it.
Supporting
Documents: Supporting documents include the following items:
• Resolution No. 05 -029
• Agreement Between City of Southlake and BankOne
Staff
Recommendation: Approval of Resolution No. 05 -029
RESOLU NO. 05- W
A RESOLUTION OF THE CITY OF SOUTHLA,KE, TEXAS,
APPROVING THE CITY'S PARTICIPATION IN THE TEXAS
BUILDING AND PROCUREMENT COMMISSION 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 a€ 5outblake acknowledges its obligation to pay participation
fees established by the Texas Building and Procurement Commission.
NOW, TALREFORE BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE
CITY OF SOUTEILAKE, 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.
Adopted this
the city of Southlake.
By:
X
day of
Andy Wambsganss,
Mayor
2005 by the cit CounCIl of
a�
Sharers Elam,
Finance Director
X
Sharon Guess,
Assistant Finance Director
ATTEST:
Lori A. Farwell, City Secretary
BA K VNE
AGREEMENT BETWEEN
61h, IP6
C ' PC Coy -Op Entity Name ")
C'TBPC Co -Op Entity Account Nurnber ")
and BANK ONE, NA
FOR PROCUREMENT CARDS
As an authorized member of The Texas Building & ProcAfenent CaW.6sian (TBPC) Co- Operative
Purchasing Program (Co -Op) the referenced Co-op Entity is authorized to participate in the Bmkr One,
NA Procwemcnt Card Contract, 446 -A1, between Bank One, NA and TBPC..
Additional Representations and Warranties of Public Agencies
T13PC Co-op Entity makes these additional representations and w•arr3nties, which are herehy 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 113PC Co -Op Entity purposes.
2. The rights and obligations of TBPC Co.Op Entity tinder this Agreement are duly authorized, Legal and
valid, and this Agreement is a binding obligation of the TSPC Co -Op Entity, enforceable against
TBPC Co -Op l;ntity in accordance with its terms, except as enforcement may be limited by
bankruptcy, insolvency and other laws affecting the enIbmement of creditors rights and remedies in
general, or by the application of equitable principles if equitable remedies are sought.
3. Execution of this Agrectuent 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 chartex or any contract to which TBPC Co -Op Entity is a patty or by which it is bound, or
(ii) result irt 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
S. Any TBPC Co -Op Entity Charges by TBPC Co-op Entity tinder 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, T13PC Co - Op Entity shall deliver to Bank One the opinion
of its counsel (or othercowtsal acceptable to Bank One) as to the matters set forth in Paragraph 1 -6 above,
which opinion shall be in the farm and substance acceptable to Bank One.
Executed by duly authorized officers of the parties to be effective as of ' j — , w _ K)
(the "Effective Date ") and continue until contract 446-Al is terminated, cancelled or expires.
C I akC_ — BANK ONE, NA
TSPC Co-Op Entity Name
By
By
Print Name I �/]�`{�'�>�
Print Name
o
We
ti
Title
Date Signed
Elate Signed