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05-1174os-1 r�� Council File # � Presented By Referred To Committee: Date RESOLVED, that pursuant to Minnesota Statutes 471.59, commonly referred to as the "Joint Powers Act," the proper City of Saint Paul officials are hereby authorized and directed to execute the attached joint powers agreement and subsequent renewals, with the City of New Brighton (New Brighton), said agreement authorizing the City's Division of Contract and Analysis Services to provide purchasing, contracting, surplus disposal, and other services offered by Contract and Analysis Services to New Brighton as requested, copies of said agreements to be kept on file and/or record in the Office of Financial Services. Adopted by Council: Adoption Certified by Council Secretary BY= � , Approve �Mayos`�: B �G RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �a��°15c� � Requested by Office of Financial Services: BY= � e l�, 1 '�`�"� ' � +. �� - � . < . � -r � a' f �_�� ��---� � f° Matt Smith,"Director � � 00� � '�CYi/� � �.� Contract & Ana sis Ser ces ` �/�� � V Form Approved by City Attorney .�-'i � / '�Y � �/ Uc_O,r�u.�,ea � � �< v�, � � Green Sheet Green Sheet os-i�7�- Green Sheet Green Sheet Green Sheet Green Sheet � DepartrneMloffice/couneil: Date Initiated: ' Fs -���;��;� �0�-05 Green Sheet NO: 3028956 j CoMact Person 8 Phone: UeoarlmeM SeM To Pe'son InitiaUDate Linda Camp � 0 nan ' I L. � 266-8920 Assign 1 inaocial rvi 160 Cfi M. Smith I Must Be on Couneil Agenda by (Date): I Number 2 � tt rue � Routing 3 or• ce I 390 O�� _ 4 a c"1 i ouncil 5 inancial rvices 280 CH L am I Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Authorizes Joint Powers Agreement with City of New Brighton Rewmmendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission t. Has this person/firm ever worked under a contract for this department? � C18`Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? � � Yes No 3. Does this pereonffirm possess a skill not nortnally possessed by any current city employee? Yes No Explain ail yes answers on separate sheet and attach to green sheet Initiating Problem, �ssues, Opportunity ryVho, What, When, Where, Why): Advant�qes,if Approved: Will Allow New Brighton to use Saint Paul Master Conh acts DisadvaMapes If Approved: � Disadvantages If Not Approved: Total Amount of Transaction: Cost/Revenue Budgeted: I Fundinp Source: Act3vity Number: Financial Information: � (F�cplain) L � os- c�7� 30INT POWERS AGREEMENT Betaveen the City of Saint Paul and the City of New Brighton THIS AGREEMENT, is made and entered into this 13th day of December, 2005 by and between the City of Saint Paul (Ramsey County, Minnesota) hereinafter referred to as "the City" and the City of New Brighton (Ramsey County, Minnesota), whose address is 803 Old Highway 8 NW, hereinafter referred to as New Brighton." WHEREAS, the City of Saint Paul and New Brighton, pursuant to the provisions of Minnesota Statute 471.59 are authorized to enter into an agreement to exercise jointly the governmental powers and functions each has individually; and WHEREAS, the City's Division of Contract and Analysis Services is authorized to provide purchasing, contracting, surplus disposal, and other services to other local governments to achieve operating efficiencies and to secure more favorable prices and conditions; and WHEREAS, the New Brighton wishes to take advantage of these benefits and services; NOW, THEREFORE IT IS HEREBY AGREED, by and between the parties hereto as follows: 1. The City of Saint Paul, through its Division of Contract and Analysis Services, pursuant to procedures set forth in the Saint Paul City Charter and applicable State Statutes, shall provide purchasing, contracting, and other services offered by the Division to New Brighton as requested by New Brighton in accordance with. applicable Statutes and policies. 2. As agreed upon with New Brighton, the Division of Contract and Analysis Services may make purchases or establish other contracts jointly with the City or make purchases for New Brighton alone in the performance of the requested services. Regardless of the method selected, the City and New Brighton shall each make payment directly to any vendors or contractors according to established procedures and shall enter into its own contract or agreement with the vendor. os-r��� 3. Neither pariy sha11 assume any responsibility for the accountability of funds expended by the other or the issuance of a purchase order or contract by the other party. 4. Indemnification. Nothing in this Agreement shall constitute a waiver of the rights, privileges and benefits that each party is entitled to under Minnesota Statutes. Each party agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives, and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts andior omissions of the other party and the results thereof. The liability and the monetary limits of liability of the parties, their officials, employees, representatives, and agents sha11 be governed by the provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. and other applicable law. 5. As mutually agreed upon, New Brighton will compensate the City for actual costs incurred in the provision of the services described herein to New Brighton. 6. Either party to this Agreement may terminate the Agreement with or without cause upon thirty (30) days prior written notice to the other party. 7. Neither party to this Agreement shall assign, delegate or transfer any rights or obligations under this Agreement without prior written consent from the other party. 8. Any amendment or modification to this Agreement shall be in writing and shall not be effective until executed by all parties to this Agreement. 9. This Agreement contains the entire Agreement between the parties with regards to the matters set forth herein. oS� ��7� IN WITNESS WHEREOF, the City of Saint Paul and the City of New Brighton have executed this agreement the day and yeaz first above-cvritten. CITY OF SAINT PAUL Approved: Assistant City Attorney Randy Kelly, Mayor CITY OF NEW BRIGHTON Approved.• Steve Larson, Mayor Matthew S. Fulton, Manager Director, Office of Financial Services