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99-580Council File # l� S� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 � R�GINAL Presented By Referred To Green Sheet # lS.) VO " RESOLUTION CITY OF SAINT PAUL, MINNESOTA 1 �o Committee: Date RESOLVED, that pursuant to Minnesota Statutes 471.59, commonly refened to as the "Joint Powers Act," the proper City officials aze hereby authorized and directed to execute the attached joint purchasing agreements with the State of Minnesota, said agreements providing for the joint purchase of equipment, materials, services, and supplies as needed, copies of said agreement to Be kept on file and or record in the Office of Financial Services and the Division of Contract and Analysis Services. Requested by Department of: Technolociv & Mana4ement Services-Contract DATE INITNTED »:�.:,��...,�� A CAMP 266-8920 BE ON CWNCIL AGENDA BY (DATE) � TOTAL # OF SIGNATURE PAGES GREEN SHEET .�,�,�!�! !'��Z �� S80 No s�o80 A crtrcou,u. � ptYATTORIEY ___� ❑ OrvCIFRK ❑ FWYYYLSFAVICF9 Wt ❑ HYINCJIILfERV/ACR6 �1111YOR(ORAESSf ❑ , . (CLJP ALL LO ATIONS FOR SIGNATURE) CITY REG[TLARLY MARES IISE OF STATS OF MINNESOTA CONTRACTS - AHEIi THERE ARE OPPOBTfJNZTIES TO HASE GOODS AND SERVICS AT VOI.DME DISCODNTS. THE CITY�S JOINT POWERS ADTHORITY FOR JOINT RACT WILL E%PIRE AN�p gEEDS TO BE RENEWED. THE ATTACHL�D RESOLDTION{ADTHORIZES TflE CITY TO OTE NEW JOINT POWERS AGRE@ffi�ITS. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION i50NAL5ERVICE CONTRACTS MUSTANSWERTHE FOLLOWIfiG ( Fias this persoNfirtn everworked undx a cont2M tor this department7 YES NO Hes this pereoNfirtn ever been a city empbyeeT YES NO Dces this persoMrtn possess a sldll not nomalypossessetl by anY arteM ciry emDloyee? YES NO Is thia persoNfirtn a tarpetetl vendoYt YES NO and attach to areen sheet `� CITY'S JOINT POWERS'ADTHORITY FOR JOINT PDRCHASING WITH THE STATE OF MINNESOTA WILL E%PIRE . THE CITY NEIDS TO RHNE4i THIS ADTHORITY SO DEPAx•�NTS WILL BE ABLE TO TAI� ADVANTAGE OF STATE' S VLi1KL PRICING. IF APPROVED WE WILL CONTIN[TE TO ACHIEVE SAVINGS THItOIIGH IISING STATE CONTRACTS. WE ARE NOT OBLIGATED TO MAKE ANY PIIRCHASES FROM STATE CONTRACTS. DEPARTT�ENTS WON'T BE ABLE TO IISE THE STATE CONTRACTS. AMOUNT OF TRANSACTION (�W� CAST/REVENUEBUDGETED(CIRCLEON� VES NO � ACiM7Y NUMBER N 1� � ��rCh ��nt�P °��-S�c� State of Minnesota Department of Administration Materials Management Division Cooperative Purchasing Agreement For State Contracts WHEREAS, the Commissioner of Adtninistration of the State of Minnesota, procwes for State Agencies tl�rough competitive bidding various supplies, commodities and equipment, which are then ordered by or for State Agencies, and WHEREAS, the State Legislature by Minnesota Statute, Section 471.59 Subd. 10, has authorized the State and its Political Subdivisions to enter into agreements to exercise jointly the governmental powers and functions each has individually, and WHEREAS, the State and the City of Saint Paul wish to combine their purchasing functions as specifically provided below so that the State Political Subdivision may avail itself of the prices which have been agreed upon by the State and its vendor. THEREFORE, it is the purpose of this agreement to make available to the aforementioned Political Subdivisions the commodities as listed on the State's contract index and contracts at the prices and terms are available to the State, except delivery charges, under said contracts entered into under competitive bidding pursuant to Minnesota Statute, Chapter 16B, by the Commissioner of Administration. IT IS AGREED that if the Political Subdivision chooses to buy any of the commodities from any such State contracts, it will issue purchase orders in accordance with all conditions, terms, specifications and prices stated in such contracts and will send the purchase orders direcfly to the vendors who entered into the contracts. The Political Subdivision also agrees to make payment directly to the vendor in accordance with its established procedures and conditions and terms of the contract. Neither the State nor its purchasing agent, personally, or officially, assumes any responsibility for the accountability of funds expended hereunder by the Political Subdivision, or the issuance or non-issuance of any purchase order by the Political Subdivision. The Political Subdivision fiirther agrees to save handhold the State hannless from any loss, damage or expense arising from this agreement or from any purchase order issued by the Political Subdivision. This Agreement expires on Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereo£ In particular, the Polirical Subdivision shall not be responsible for any purchase order issued by it. The Political Subdivision's liability shall be governed by the provisions of Minnesota Statute Chapter 466 and the State's IiabiliTy shall be governed by the provisions of Minnesota Statute 3.736. ��i �g� - For the Political Subdivision: : I: For the State of Minnesota: By Director, Materials Management Division (Date) Address: Permit Number/Fas Security Access Code: (Date) �� S�O JOINT POWERS AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF SAINT PAUL THIS AGREEMENT, is made and entered into on this day of , 1999, by and between the State of Minnesota, acting through its Deparhnent of Admuustration, Materials Management Division ("State") and the CiTy of Saint Paul ("City"). WHEREAS, the parties to this Agreement are empowered to enter into this Agreement pursuant to Minnesota Statutes secrion 471.59, subd. 10 (1998) that permits the governing body of any City, inciuding State agencies and cities, to enter into joint powers agreements whereby one of the governmental units perforxns on behalf of the other any service or function which the City providing the service or functions authorized to provide for itself; WHEREAS, the City has the authority to enter into master purchasing contracts with vendors that permit other governmental units of the State that have joint powers agreements in place with the City to purchase from the master contract: WHEREAS, the State has the authority to enter into contracts for goods and services; WHEREAS, the City is willing to enter into this joint powers Agreement with the State in order to permit the State, acting solely through the State's Authorized Agent or her successor or the Assistant Director, Materials Management Division, to purchase equipment, materials, services and supplies through City master contracts that permit the City and State to purchase from the contract: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: l. Citv of Saint Paul. The City of Saint Paul sha11, pursuant tithe procedures set forth in the Saint Paul City Charter and Administrative Code, and applicable State Statutes, enter into contracts for the purchase of equipment, materials, services, and supplies that pernut the State to purchase, when applicable, from the vendor on the same terms as the City of Saint Paul any of the equipment, materials, services, or supplies offered under the City's master contract. 2. State. The State, acting solely through the State's Authorized Agent or her successor or the Assistant Director, Materials Management Division, shall order off the City master contract and make payment directly to the vendor according to established procedures. ��s� • 3. Liabili .(a) Neither party shall assume any responsibility for the accountability of funds expended by the other or the issuance of a purchase order by the other party. (b) Each party shall be separately accountable for its own expenditures of pubiic funds made hereunder. 4. Cancellarion. This Agreement may be terminated with or without cause by either pariy upon 30 days written notice to the other party's Authorized Agent. 5. Authorized Agents. The State's Authorized Agent for purposes of adininistration of this Agreement is Brenda Willard, Acquisition Manager, or her successor in office. The City's Authorized Agent for the purposes of administration of this Agreement is the Purchasing Systems Manager. 6. Terxn. This Agreement shall become effective on the date it is fully executed and shall remain in effect for five (5) years. 7. Assignment._ The City sha11 not assign, delegate, or transfer any rights or obligations under this Agreement without the prior written consent of the State. 8. Amendments. Any amendments or modification to this Agreement shall be in writing and sha11 not be effective until executed by the parties to this Agreement and approved by all State officials as required by law. 9. State Audits. The books, records, documents and accounting procedures and practices of the Governmental Unit and its employees, agents or subcontractor relevant to this Agreement shall be made auailable and subject to examination by the State, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum period of six yeazs from the end of this Agreement. 10. Data Practices Act. The City and the State shail be bound by, and comply with, the Minnesota Data Practices Act as it applies to all data provided by the City and the State in accordance with this Agreement, and as it appiies to ali data created, gathered, generated, or acquired in accordance with this Agreement. 11. Jurisdiction and Venue. This Agreement, and executed amendments thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. Recitals. The Recitals in this Agreement are incorporated into the body of this � ' �� > F,greement and are thereby made an integral part hereof. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be signed on theu behalf intending to be bound thereby. For the City of Saint Paul: For the State of Minnesota: I� Assistant City Attomey : Norm Coleman, Mayor � Director, Office of Financial Services us p � �� ty� ��m ✓ � �i3 p � � � � �r � � �� r � n'�c ( "� � `� � 3 �rt h � :.: F � '� r , i � r � � � ' �� .,x arx f ,l ./ v sn U a+r" a N ` O �s` �„ �a y C aa'O �.' e "" , dJ a at � O e�� µ� :. �" y 7 �+ yS'ia.. y -�� C y �, >� �' V a N + ' � C � ci +.. A w� rn t N v Tl p., O y.� ai ��o w� $ a a y. w v a.. � �` �� ,. ,7' Y p�,G i �;b W P' ,�o a�•�+�..p`� y b�o`� .m '� N 'C � La �:.��'fi.� .w<.� m v"�C � t n �-� " N a"A 7: u p �"y a�i .,. w a +a y ar C�.�."� „y tD R� N"' �?s�..,� ��.i .:� O 1'�.'L.� R m�� E x �� E . 50�;, O G a.'"'+..� � � v [A N . � ,3.. i�'.. '� ",'pr'U ' � A « m . M: iL r«. s+ a.:F m m. m, .G•i �:Qi �. `u,V •-r W� R_ 01°{ '"�w„ � a'�., a� ti p rt��.. "^'m a, m a..0 �� r m a�„ �� ' hvl a+. �-. u u"fl� Ql V %.b y m'O , ci �� p �� s .t-� . G1 � — x �.KY` � ' L� 'P� ,.�. m b y F O , . . r�! . . A ,� ; ,� � R„O :�iq ��.,a'' �l � �� a• ��O'��^ :n ap .a-� ,.c P,w��a v w§i; �m m � �p .�,;r mr..'�L�`�k.o y'�sy �o +n:''.C+``° x� - y�,. f.y t7 y.y :.-fi. iw, L�? ` -\.y ` � l� e O'i' �o N.m 3 `.t �y^.. ,a. i. N ;. r �,v:�a �'O.�G=mr�pa�''nMC �` � �%t r � � � A �,� :'�,�c *��n F a ;G,�.,�� rfr � ,. t ,� 'u r ..;` x 3 a f .1y°yM . A ,�F. 1J j � J � � :� - � Y d C P�,i t l5 • � � N (Cti O � 5 ; F. t b 1 .., . N �„ , . ,'"y: 0 n 4 Q� I � I� ',,, �C f+F: t J'. � '+ ,{ � "j: � � t �{�� Y y`. J �� XYS v�� r'r' � ,. Council File # l� S� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 � R�GINAL Presented By Referred To Green Sheet # lS.) VO " RESOLUTION CITY OF SAINT PAUL, MINNESOTA 1 �o Committee: Date RESOLVED, that pursuant to Minnesota Statutes 471.59, commonly refened to as the "Joint Powers Act," the proper City officials aze hereby authorized and directed to execute the attached joint purchasing agreements with the State of Minnesota, said agreements providing for the joint purchase of equipment, materials, services, and supplies as needed, copies of said agreement to Be kept on file and or record in the Office of Financial Services and the Division of Contract and Analysis Services. Requested by Department of: Technolociv & Mana4ement Services-Contract DATE INITNTED »:�.:,��...,�� A CAMP 266-8920 BE ON CWNCIL AGENDA BY (DATE) � TOTAL # OF SIGNATURE PAGES GREEN SHEET .�,�,�!�! !'��Z �� S80 No s�o80 A crtrcou,u. � ptYATTORIEY ___� ❑ OrvCIFRK ❑ FWYYYLSFAVICF9 Wt ❑ HYINCJIILfERV/ACR6 �1111YOR(ORAESSf ❑ , . (CLJP ALL LO ATIONS FOR SIGNATURE) CITY REG[TLARLY MARES IISE OF STATS OF MINNESOTA CONTRACTS - AHEIi THERE ARE OPPOBTfJNZTIES TO HASE GOODS AND SERVICS AT VOI.DME DISCODNTS. THE CITY�S JOINT POWERS ADTHORITY FOR JOINT RACT WILL E%PIRE AN�p gEEDS TO BE RENEWED. THE ATTACHL�D RESOLDTION{ADTHORIZES TflE CITY TO OTE NEW JOINT POWERS AGRE@ffi�ITS. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION i50NAL5ERVICE CONTRACTS MUSTANSWERTHE FOLLOWIfiG ( Fias this persoNfirtn everworked undx a cont2M tor this department7 YES NO Hes this pereoNfirtn ever been a city empbyeeT YES NO Dces this persoMrtn possess a sldll not nomalypossessetl by anY arteM ciry emDloyee? YES NO Is thia persoNfirtn a tarpetetl vendoYt YES NO and attach to areen sheet `� CITY'S JOINT POWERS'ADTHORITY FOR JOINT PDRCHASING WITH THE STATE OF MINNESOTA WILL E%PIRE . THE CITY NEIDS TO RHNE4i THIS ADTHORITY SO DEPAx•�NTS WILL BE ABLE TO TAI� ADVANTAGE OF STATE' S VLi1KL PRICING. IF APPROVED WE WILL CONTIN[TE TO ACHIEVE SAVINGS THItOIIGH IISING STATE CONTRACTS. WE ARE NOT OBLIGATED TO MAKE ANY PIIRCHASES FROM STATE CONTRACTS. DEPARTT�ENTS WON'T BE ABLE TO IISE THE STATE CONTRACTS. AMOUNT OF TRANSACTION (�W� CAST/REVENUEBUDGETED(CIRCLEON� VES NO � ACiM7Y NUMBER N 1� � ��rCh ��nt�P °��-S�c� State of Minnesota Department of Administration Materials Management Division Cooperative Purchasing Agreement For State Contracts WHEREAS, the Commissioner of Adtninistration of the State of Minnesota, procwes for State Agencies tl�rough competitive bidding various supplies, commodities and equipment, which are then ordered by or for State Agencies, and WHEREAS, the State Legislature by Minnesota Statute, Section 471.59 Subd. 10, has authorized the State and its Political Subdivisions to enter into agreements to exercise jointly the governmental powers and functions each has individually, and WHEREAS, the State and the City of Saint Paul wish to combine their purchasing functions as specifically provided below so that the State Political Subdivision may avail itself of the prices which have been agreed upon by the State and its vendor. THEREFORE, it is the purpose of this agreement to make available to the aforementioned Political Subdivisions the commodities as listed on the State's contract index and contracts at the prices and terms are available to the State, except delivery charges, under said contracts entered into under competitive bidding pursuant to Minnesota Statute, Chapter 16B, by the Commissioner of Administration. IT IS AGREED that if the Political Subdivision chooses to buy any of the commodities from any such State contracts, it will issue purchase orders in accordance with all conditions, terms, specifications and prices stated in such contracts and will send the purchase orders direcfly to the vendors who entered into the contracts. The Political Subdivision also agrees to make payment directly to the vendor in accordance with its established procedures and conditions and terms of the contract. Neither the State nor its purchasing agent, personally, or officially, assumes any responsibility for the accountability of funds expended hereunder by the Political Subdivision, or the issuance or non-issuance of any purchase order by the Political Subdivision. The Political Subdivision fiirther agrees to save handhold the State hannless from any loss, damage or expense arising from this agreement or from any purchase order issued by the Political Subdivision. This Agreement expires on Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereo£ In particular, the Polirical Subdivision shall not be responsible for any purchase order issued by it. The Political Subdivision's liability shall be governed by the provisions of Minnesota Statute Chapter 466 and the State's IiabiliTy shall be governed by the provisions of Minnesota Statute 3.736. ��i �g� - For the Political Subdivision: : I: For the State of Minnesota: By Director, Materials Management Division (Date) Address: Permit Number/Fas Security Access Code: (Date) �� S�O JOINT POWERS AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF SAINT PAUL THIS AGREEMENT, is made and entered into on this day of , 1999, by and between the State of Minnesota, acting through its Deparhnent of Admuustration, Materials Management Division ("State") and the CiTy of Saint Paul ("City"). WHEREAS, the parties to this Agreement are empowered to enter into this Agreement pursuant to Minnesota Statutes secrion 471.59, subd. 10 (1998) that permits the governing body of any City, inciuding State agencies and cities, to enter into joint powers agreements whereby one of the governmental units perforxns on behalf of the other any service or function which the City providing the service or functions authorized to provide for itself; WHEREAS, the City has the authority to enter into master purchasing contracts with vendors that permit other governmental units of the State that have joint powers agreements in place with the City to purchase from the master contract: WHEREAS, the State has the authority to enter into contracts for goods and services; WHEREAS, the City is willing to enter into this joint powers Agreement with the State in order to permit the State, acting solely through the State's Authorized Agent or her successor or the Assistant Director, Materials Management Division, to purchase equipment, materials, services and supplies through City master contracts that permit the City and State to purchase from the contract: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: l. Citv of Saint Paul. The City of Saint Paul sha11, pursuant tithe procedures set forth in the Saint Paul City Charter and Administrative Code, and applicable State Statutes, enter into contracts for the purchase of equipment, materials, services, and supplies that pernut the State to purchase, when applicable, from the vendor on the same terms as the City of Saint Paul any of the equipment, materials, services, or supplies offered under the City's master contract. 2. State. The State, acting solely through the State's Authorized Agent or her successor or the Assistant Director, Materials Management Division, shall order off the City master contract and make payment directly to the vendor according to established procedures. ��s� • 3. Liabili .(a) Neither party shall assume any responsibility for the accountability of funds expended by the other or the issuance of a purchase order by the other party. (b) Each party shall be separately accountable for its own expenditures of pubiic funds made hereunder. 4. Cancellarion. This Agreement may be terminated with or without cause by either pariy upon 30 days written notice to the other party's Authorized Agent. 5. Authorized Agents. The State's Authorized Agent for purposes of adininistration of this Agreement is Brenda Willard, Acquisition Manager, or her successor in office. The City's Authorized Agent for the purposes of administration of this Agreement is the Purchasing Systems Manager. 6. Terxn. This Agreement shall become effective on the date it is fully executed and shall remain in effect for five (5) years. 7. Assignment._ The City sha11 not assign, delegate, or transfer any rights or obligations under this Agreement without the prior written consent of the State. 8. Amendments. Any amendments or modification to this Agreement shall be in writing and sha11 not be effective until executed by the parties to this Agreement and approved by all State officials as required by law. 9. State Audits. The books, records, documents and accounting procedures and practices of the Governmental Unit and its employees, agents or subcontractor relevant to this Agreement shall be made auailable and subject to examination by the State, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum period of six yeazs from the end of this Agreement. 10. Data Practices Act. The City and the State shail be bound by, and comply with, the Minnesota Data Practices Act as it applies to all data provided by the City and the State in accordance with this Agreement, and as it appiies to ali data created, gathered, generated, or acquired in accordance with this Agreement. 11. Jurisdiction and Venue. This Agreement, and executed amendments thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. Recitals. The Recitals in this Agreement are incorporated into the body of this � ' �� > F,greement and are thereby made an integral part hereof. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be signed on theu behalf intending to be bound thereby. For the City of Saint Paul: For the State of Minnesota: I� Assistant City Attomey : Norm Coleman, Mayor � Director, Office of Financial Services us p � �� ty� ��m ✓ � �i3 p � � � � �r � � �� r � n'�c ( "� � `� � 3 �rt h � :.: F � '� r , i � r � � � ' �� .,x arx f ,l ./ v sn U a+r" a N ` O �s` �„ �a y C aa'O �.' e "" , dJ a at � O e�� µ� :. �" y 7 �+ yS'ia.. y -�� C y �, >� �' V a N + ' � C � ci +.. A w� rn t N v Tl p., O y.� ai ��o w� $ a a y. w v a.. � �` �� ,. ,7' Y p�,G i �;b W P' ,�o a�•�+�..p`� y b�o`� .m '� N 'C � La �:.��'fi.� .w<.� m v"�C � t n �-� " N a"A 7: u p �"y a�i .,. w a +a y ar C�.�."� „y tD R� N"' �?s�..,� ��.i .:� O 1'�.'L.� R m�� E x �� E . 50�;, O G a.'"'+..� � � v [A N . � ,3.. i�'.. '� ",'pr'U ' � A « m . M: iL r«. s+ a.:F m m. m, .G•i �:Qi �. `u,V •-r W� R_ 01°{ '"�w„ � a'�., a� ti p rt��.. "^'m a, m a..0 �� r m a�„ �� ' hvl a+. �-. u u"fl� Ql V %.b y m'O , ci �� p �� s .t-� . G1 � — x �.KY` � ' L� 'P� ,.�. m b y F O , . . r�! . . A ,� ; ,� � R„O :�iq ��.,a'' �l � �� a• ��O'��^ :n ap .a-� ,.c P,w��a v w§i; �m m � �p .�,;r mr..'�L�`�k.o y'�sy �o +n:''.C+``° x� - y�,. f.y t7 y.y :.-fi. iw, L�? ` -\.y ` � l� e O'i' �o N.m 3 `.t �y^.. ,a. i. N ;. r �,v:�a �'O.�G=mr�pa�''nMC �` � �%t r � � � A �,� :'�,�c *��n F a ;G,�.,�� rfr � ,. t ,� 'u r ..;` x 3 a f .1y°yM . A ,�F. 1J j � J � � :� - � Y d C P�,i t l5 • � � N (Cti O � 5 ; F. t b 1 .., . N �„ , . ,'"y: 0 n 4 Q� I � I� ',,, �C f+F: t J'. � '+ ,{ � "j: � � t �{�� Y y`. J �� XYS v�� r'r' � ,. Council File # l� S� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 � R�GINAL Presented By Referred To Green Sheet # lS.) VO " RESOLUTION CITY OF SAINT PAUL, MINNESOTA 1 �o Committee: Date RESOLVED, that pursuant to Minnesota Statutes 471.59, commonly refened to as the "Joint Powers Act," the proper City officials aze hereby authorized and directed to execute the attached joint purchasing agreements with the State of Minnesota, said agreements providing for the joint purchase of equipment, materials, services, and supplies as needed, copies of said agreement to Be kept on file and or record in the Office of Financial Services and the Division of Contract and Analysis Services. Requested by Department of: Technolociv & Mana4ement Services-Contract DATE INITNTED »:�.:,��...,�� A CAMP 266-8920 BE ON CWNCIL AGENDA BY (DATE) � TOTAL # OF SIGNATURE PAGES GREEN SHEET .�,�,�!�! !'��Z �� S80 No s�o80 A crtrcou,u. � ptYATTORIEY ___� ❑ OrvCIFRK ❑ FWYYYLSFAVICF9 Wt ❑ HYINCJIILfERV/ACR6 �1111YOR(ORAESSf ❑ , . (CLJP ALL LO ATIONS FOR SIGNATURE) CITY REG[TLARLY MARES IISE OF STATS OF MINNESOTA CONTRACTS - AHEIi THERE ARE OPPOBTfJNZTIES TO HASE GOODS AND SERVICS AT VOI.DME DISCODNTS. THE CITY�S JOINT POWERS ADTHORITY FOR JOINT RACT WILL E%PIRE AN�p gEEDS TO BE RENEWED. THE ATTACHL�D RESOLDTION{ADTHORIZES TflE CITY TO OTE NEW JOINT POWERS AGRE@ffi�ITS. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION i50NAL5ERVICE CONTRACTS MUSTANSWERTHE FOLLOWIfiG ( Fias this persoNfirtn everworked undx a cont2M tor this department7 YES NO Hes this pereoNfirtn ever been a city empbyeeT YES NO Dces this persoMrtn possess a sldll not nomalypossessetl by anY arteM ciry emDloyee? YES NO Is thia persoNfirtn a tarpetetl vendoYt YES NO and attach to areen sheet `� CITY'S JOINT POWERS'ADTHORITY FOR JOINT PDRCHASING WITH THE STATE OF MINNESOTA WILL E%PIRE . THE CITY NEIDS TO RHNE4i THIS ADTHORITY SO DEPAx•�NTS WILL BE ABLE TO TAI� ADVANTAGE OF STATE' S VLi1KL PRICING. IF APPROVED WE WILL CONTIN[TE TO ACHIEVE SAVINGS THItOIIGH IISING STATE CONTRACTS. WE ARE NOT OBLIGATED TO MAKE ANY PIIRCHASES FROM STATE CONTRACTS. DEPARTT�ENTS WON'T BE ABLE TO IISE THE STATE CONTRACTS. AMOUNT OF TRANSACTION (�W� CAST/REVENUEBUDGETED(CIRCLEON� VES NO � ACiM7Y NUMBER N 1� � ��rCh ��nt�P °��-S�c� State of Minnesota Department of Administration Materials Management Division Cooperative Purchasing Agreement For State Contracts WHEREAS, the Commissioner of Adtninistration of the State of Minnesota, procwes for State Agencies tl�rough competitive bidding various supplies, commodities and equipment, which are then ordered by or for State Agencies, and WHEREAS, the State Legislature by Minnesota Statute, Section 471.59 Subd. 10, has authorized the State and its Political Subdivisions to enter into agreements to exercise jointly the governmental powers and functions each has individually, and WHEREAS, the State and the City of Saint Paul wish to combine their purchasing functions as specifically provided below so that the State Political Subdivision may avail itself of the prices which have been agreed upon by the State and its vendor. THEREFORE, it is the purpose of this agreement to make available to the aforementioned Political Subdivisions the commodities as listed on the State's contract index and contracts at the prices and terms are available to the State, except delivery charges, under said contracts entered into under competitive bidding pursuant to Minnesota Statute, Chapter 16B, by the Commissioner of Administration. IT IS AGREED that if the Political Subdivision chooses to buy any of the commodities from any such State contracts, it will issue purchase orders in accordance with all conditions, terms, specifications and prices stated in such contracts and will send the purchase orders direcfly to the vendors who entered into the contracts. The Political Subdivision also agrees to make payment directly to the vendor in accordance with its established procedures and conditions and terms of the contract. Neither the State nor its purchasing agent, personally, or officially, assumes any responsibility for the accountability of funds expended hereunder by the Political Subdivision, or the issuance or non-issuance of any purchase order by the Political Subdivision. The Political Subdivision fiirther agrees to save handhold the State hannless from any loss, damage or expense arising from this agreement or from any purchase order issued by the Political Subdivision. This Agreement expires on Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereo£ In particular, the Polirical Subdivision shall not be responsible for any purchase order issued by it. The Political Subdivision's liability shall be governed by the provisions of Minnesota Statute Chapter 466 and the State's IiabiliTy shall be governed by the provisions of Minnesota Statute 3.736. ��i �g� - For the Political Subdivision: : I: For the State of Minnesota: By Director, Materials Management Division (Date) Address: Permit Number/Fas Security Access Code: (Date) �� S�O JOINT POWERS AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF SAINT PAUL THIS AGREEMENT, is made and entered into on this day of , 1999, by and between the State of Minnesota, acting through its Deparhnent of Admuustration, Materials Management Division ("State") and the CiTy of Saint Paul ("City"). WHEREAS, the parties to this Agreement are empowered to enter into this Agreement pursuant to Minnesota Statutes secrion 471.59, subd. 10 (1998) that permits the governing body of any City, inciuding State agencies and cities, to enter into joint powers agreements whereby one of the governmental units perforxns on behalf of the other any service or function which the City providing the service or functions authorized to provide for itself; WHEREAS, the City has the authority to enter into master purchasing contracts with vendors that permit other governmental units of the State that have joint powers agreements in place with the City to purchase from the master contract: WHEREAS, the State has the authority to enter into contracts for goods and services; WHEREAS, the City is willing to enter into this joint powers Agreement with the State in order to permit the State, acting solely through the State's Authorized Agent or her successor or the Assistant Director, Materials Management Division, to purchase equipment, materials, services and supplies through City master contracts that permit the City and State to purchase from the contract: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: l. Citv of Saint Paul. The City of Saint Paul sha11, pursuant tithe procedures set forth in the Saint Paul City Charter and Administrative Code, and applicable State Statutes, enter into contracts for the purchase of equipment, materials, services, and supplies that pernut the State to purchase, when applicable, from the vendor on the same terms as the City of Saint Paul any of the equipment, materials, services, or supplies offered under the City's master contract. 2. State. The State, acting solely through the State's Authorized Agent or her successor or the Assistant Director, Materials Management Division, shall order off the City master contract and make payment directly to the vendor according to established procedures. ��s� • 3. Liabili .(a) Neither party shall assume any responsibility for the accountability of funds expended by the other or the issuance of a purchase order by the other party. (b) Each party shall be separately accountable for its own expenditures of pubiic funds made hereunder. 4. Cancellarion. This Agreement may be terminated with or without cause by either pariy upon 30 days written notice to the other party's Authorized Agent. 5. Authorized Agents. The State's Authorized Agent for purposes of adininistration of this Agreement is Brenda Willard, Acquisition Manager, or her successor in office. The City's Authorized Agent for the purposes of administration of this Agreement is the Purchasing Systems Manager. 6. Terxn. This Agreement shall become effective on the date it is fully executed and shall remain in effect for five (5) years. 7. Assignment._ The City sha11 not assign, delegate, or transfer any rights or obligations under this Agreement without the prior written consent of the State. 8. Amendments. Any amendments or modification to this Agreement shall be in writing and sha11 not be effective until executed by the parties to this Agreement and approved by all State officials as required by law. 9. State Audits. The books, records, documents and accounting procedures and practices of the Governmental Unit and its employees, agents or subcontractor relevant to this Agreement shall be made auailable and subject to examination by the State, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum period of six yeazs from the end of this Agreement. 10. Data Practices Act. The City and the State shail be bound by, and comply with, the Minnesota Data Practices Act as it applies to all data provided by the City and the State in accordance with this Agreement, and as it appiies to ali data created, gathered, generated, or acquired in accordance with this Agreement. 11. Jurisdiction and Venue. This Agreement, and executed amendments thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. Recitals. The Recitals in this Agreement are incorporated into the body of this � ' �� > F,greement and are thereby made an integral part hereof. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be signed on theu behalf intending to be bound thereby. For the City of Saint Paul: For the State of Minnesota: I� Assistant City Attomey : Norm Coleman, Mayor � Director, Office of Financial Services us p � �� ty� ��m ✓ � �i3 p � � � � �r � � �� r � n'�c ( "� � `� � 3 �rt h � :.: F � '� r , i � r � � � ' �� .,x arx f ,l ./ v sn U a+r" a N ` O �s` �„ �a y C aa'O �.' e "" , dJ a at � O e�� µ� :. �" y 7 �+ yS'ia.. y -�� C y �, >� �' V a N + ' � C � ci +.. 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