Ordinance No. 8,96220000810-1
ORDINANCE NO. 8962
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO AN AGREEMENT WITH BANK OF AMERICA, NT&SA
REGARDING THE IMPLEMENTATION OF A PURCHASING CARD SYSTEM;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and the City Clerk of the City of Baytown to execute and attest to an
Agreement with Bank of America, NT&SA regarding the implementation of a purchasing card
system. A copy of said Agreement is attached hereto, marked Exhibit "A," and made a part hereof
for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 1 Oth day of August, 2000.
PETE C. ALFARO, Mayor
ATTEST:
GAUY W. SMITH, City Clerk
APPROVED AS TO FORM:
i
ACIO RAMIREZ, ., City Attorney
c.\MyDocuments\Council\99-OOW ugust\PurchasingCardAgreementBanko fAmerica
® AGREEMENT BETWEEN CITY OF BAYTOWN, TEXAS
("Local Government Entity") and BANK OF AMERICA N.A. (USA)
FOR PURCHASING CARDS
Local Government Entity is authorized underResolution No. 1137, City of Baytown, Texas to
utilize the cooperative purchasing program of Texas to participate in the Bank of America N.A. (USA) Purchasing
Card Contract 303-946-A 1 between Bank of America N.A. (USA) and the General Services Commission.
In consideration of the mutual covenants and agreements, the parties hereto agree to the following:
The documents constituting this Agreement are the RFP #303-946-A1, the Response from Bank of America dated
November 4, 1996, Bank of America's Best and Final Offer dated April 24, 1997, State of Texas Standard Terms
and Conditions and the Bank of America Standard Contract (the "Contract Documents").
In the event of a conflict, the language in the Contract Documents shall control in the following order of preference:
1. State of Texas Standard Terms and Conditions
2. Bank of America's Best and Final Offer, dated April 24, 1997
3. Response from Bank of America, dated November 4, 1996
4. Request for Proposal 303-946-A1
5. The Bank of America Standard Contract with Schedule of Fees and the Terms of Payment
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 and warranties, which are hereby added to
the Contract Documents:
l . 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 binding obligation of the Local Government Entity, enforceable against
Local Government 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 Local Government Entity and performance by Local Government
Entity of its obligations under this Agreement will not (i) constitute or result in a breach or default under Local
Government Entity's charter or any contract to which Local Government 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 Local Government 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 Local Government Entity Charges by Local Government Entity under this Agreement: (i)
are duly authorized and constitute valid and binding obligations of Local Government Entity, enforceable against
Local Government Entity, (ii) shall not cause Local Government Entity to exceed any legal limits applicable to the
Local Government Entity Charges when made, and (iii) constitute the legal expenditures of Local government
Entity.
Prior to the Effective Date of this Agreement, Local Government Entity shall deliver to Bank the opinion of its
counsel (or other counsel acceptable to the Bank) as to the matters set forth in Paragraphs 1-5 above, which opinion
shall be in form and substance acceptable to Bank.
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Executed by duly authorized officers of the parties to be effective as of
"Effective Date") -
CITY OF BAYTOWN, TEXAS
Local Government Entity
M
Print Name Monte Mercer
Title City Manager
Date Signed
ATTEST:
BANK OF AMERICA N.A. (USA)
By
Print Name
Title
Date Signed
By
Print Name
Title
GARY W. SMITH, City Clerk
Date Signed.
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