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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