R-03-08-28-10B1 - 8/28/2003RESOLUTION NO. R- 03 -08- 28 -10B1
WHEREAS, the City of Round Rock ( "City ") desires to retain
procurement card services, and
WHEREAS, the City is a member of the Texas Building & Procurement
Commission Co- Operative Purchasing Program which authorizes the City to
participate in the Bank One, NA Procurement Card Program, and
WHEREAS, the City Council desires to enter into an Agreement with
Bank One, NA for procurement card services, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Procurement Card Services with Bank
One, NA, a copy of said agreement being attached hereto as Exhibit "A"
and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 28th day of August, 2003.
CHRISTINE R. MARTINEZ, City Secretary
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NY °��;v ELL, Mayor
City of Round Rock, Texas
August 13, 2003
Bank One, NA
Commercial Card Services
300 South Riverside Plaza, 18 Floor
Chicago, IL 60670 -0199
Ladies and Gentlemen:
Sheets & Crossfield, P.c.
ATTORNEYS AT LAW
309 Euc Main Screen • Round Rock, TX 78664-5246
phone 512- 255 -8877 • fax 512 -255 -8986
Re: Bank One Purchasing Card System Account
This opinion is rendered with respect to Bank One Purchasing Card Agreement between Bank One,
NA (the "Bank ") and the City of Round Rock, Texas ( "TBPC Co -Op Member "), a public agency,
dated the dg day of the month of AU 411,51 , 2003.
I have examined such documents, records and instruments and made such investigations of law and
fact as I have deemed necessary to render the opinions expressed herein.
Based upon the foregoing, I am of the opinion that:
1. The rights and obligations of the TBPC Co -Op Member under the Agreement are duly
authorized, legal and valid; and the Agreement is a binding obligation of the TBPC Co -Op
Member, enforceable against the TBPC Co -Op Member 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.
2. Execution of the Agreement by the TBPC Co -Op Member, and performance by the TBPC
Co -Op Member of its obligations under the Agreement, will not: (i) constitute or result in
a breach or default under the TBPC Co -Op Member's charter or any contract to which the
TBPC Co -Op Member 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.
3. All approvals and authorizations required to permit the execution, delivery, performance and
consummation by the TBPC Co -Op Member of the Agreement and transactions
contemplated under the Agreement have been obtained, including any necessary approvals
and authorizations from other governmental agencies.
4. Any TBPC Co -Op Member Charges by the TBPC Co -Op Member under the Agreement:
(i) shall have been duly authorized and constitute valid and binding obligations of the TBPC
Co -Op Member, enforceable against the TBPC Co -Op Member, (ii) shall not cause the
TBPC Co -Op Member to exceed any legal limits applicable to the TBPC Co -Op Member
Charges when made, (iii) constitute the legal expenditures of the TBPC Co -Op Member.
This opinion may be relied upon by Bank One, NA.
SLS /jkg
Attachments
Sin
Steph. L. Sheets
City Attorney
L �,
DATE: August 22, 2003
SUBJECT: City Council Meeting - August 28, 2003
ITEM: 10.B.1. Consider a resolution authorizing the Mayor to execute an
agreement with Bank One, NA for procurement card
services.
Resource: Cindy Demers, Finance Director
History:
The City is an authorized member of the Texas Building and
Procurement Commission Co- Operative Purchasing Program.
The current contract with Bank of America has expired. The
Co- Operative Purchasing Program has selected Bank One for
their procurement card program.
Funding:
Cost: N/A
Source of Funds: General and Utility Operating Funds
Outside Resources: Audrey Flood, CTP
Bank One Treasury Management
Impact /Benefit:
Public Comment: N/A
Sponsor: Finance Department
Bank One program is an online web -based procurement card
program. They offer annual rebate incentives of .70 to .72%
basis points based on purchases of $125,000.
BANK=ONE
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 -Al, 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
(the "Effective Date ") and continue until contract 946 -Al is terminated, cancelled or expires.
LE MThiW
TBPC Co -Op En
By
Print Name
no Aye
p
Date Signed 8 -o3
Title
AGREEMENT BETWEEN
e Cry of RounID ,Eocki
( "TB C Co -Op Entity Name ")
( "TBPC Co -Op Entity Account Number")
and BANK ONE, NA
FOR PROCUREMENT CARDS
BANK ONE, NA
COpy
By
Print Name
Title
Date Signed