Res 1999-160 - Laserfiche WebLink

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209 AGREEMENT BETWEEN THE CITY OF SAN MARCOS. TEXAS ("Local Government Entity") and BANK OF AMERICA NT & SA FOR PURCHASING CARDS Local Government Entity is authorized under Chapter 271. Subchapter D, Texas Local Government Code to utilize the cooperative purchasing program of Texas to participate in the Bank of America NT &SA Purchasing Card Contract 303- 946-A-l between Bank of America NT&SA 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 #303-7-946-Al, 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 (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 ProposaI303-946-Al 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: 1. 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 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. Subject to the provisions of the Agreement regarding unauthorized charges (See paragraph 4.2 of Bank of America's Best and Final Offer dated April 24, 1997), 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.