204772 �� , . �
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� �� � � 204'�'72
.s O��GI��AL T(1 GITY CLERK� � �
� • CITY OF ST. PAUL FILENC�� NO. _
� , ' - OFFICE OF THE CITY CLERK �
� � � COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER � � pqTe
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� R�SOLVID, that the Council of the Ci-Ly of Saint P�.ul hereby,
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� approve� the �oint purchasin.g Agreement between the County o� Ramsey.,
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� the County We].fare Bo�.rd of the Gity of Saint P.au1 and County of Ramsey,
� the Board of Water Commissioners of the Lity of Saint Pa,ul, the l3o�s�� ot
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� Education of the City of �aint Paul� the Join-t 33etention and Corrections
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�� .�uthori.ty of th$ City of Saint Paul and County of Ramsey, the Joint
� Court Iiouse ,an.d City Ha�l Committee of the City of Sai.nt �'a.u1 �and the
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� County of Ra.msey, �nd the �ity of Sai.nt Pan1, -a copy of which is hereto
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� �.ttached :and mads � p�xt hereof by reference; �.nd be it
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� FURTHER RF50LOED, that the,proper City offic�rs �xe h�reby
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� .a.uthorized �.nd z7irected tor e�oecute the same on behalf of the City. �
� —
i Councll Flle No.204772—By George J.
j Vavoulis, mayor—'
� Resolved, That the Council oP the
ti City of Saint Paul hereby approves the
� joint purchasing Agreement between
t the County ot Ramsey, the County -
i Welfare Board of the City of Saint Paul
iand County of Ramsey, the Board of
� Water Commissioners of the City of
Saint Paul, the Board•of Education of
! the City of Saint Paul, the Joint De-
� tention and CorrecUons Aufhority of
� the Ctty of Saint Paul and Gbunty of ,
# Ramsey, the Joint Court FIouse and
� City Hall Committee of the City of
Saint Paul and the County of Ramsey,
and the City o3 Saint Paul, a copy of
which is hereto attached and made a�
� part hereof by reterence; and be it �
F�rther Resolved, That the proper _
� City officers are hereby authorized and i
directed to execute the same on behali :�
of the City.
� 14Ado�pied by the Council November j
� APProv�Nov��mberel8a 1961)1 , N OV �.'� ,�+'�0
� COUNCILMEN Adopted by the Council 19—
;Yeas Nays
DeCourc �QV �. 4I, ���
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y Holland , pprove ` 19—
€' Loss 'I
Tn Favor
Mortinson f
�� Peterson � Mayor
� �gainst �
Rosen
�Mr. President, Vavoulis
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_ �� ' ` DRAFT November 9, 1961
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� A G R E E M E N T
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� THIS AGRE�MENT, made and entered into this
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{ day of �, 1961, by and between the County of
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f Ramsey, acting by and Chrough iCa Bosrd of County Commissioners,
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� hereinafter refexred to as the County, Che County Welfare Board of
� the City of Saint Paul and County of Ramsey, �ereinafter referred
�} to as the Board, the Board of Watex Commiasionexs of Che City of
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R Sai.nt Paul, acting by and through the eaid Board of Watar
� Commissioners, the Board of Education of the City of Saint Paul,
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� acting by and through said Board of Education, the Joint Aetention
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� and Corrections Authority of the City of Saint Paul and County of
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� Ramsey, acting through said Authority, the Joint Court House and
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� ' City Hall Committee of the City of Saint Paul and the County of
� Ramsey, acting by and tttxough said Committee, and the City of
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i Saint Paul, acting by and through its Council, the said �oard
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� of T,?ater Commissioners, aoard of Education, Detention and Corrections
Authority, Joint Court House and City Hall Committee and the City
' � of Saint Paul, for the purpose of convenience of reference,
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� except as in the context of this agreement may otherwise expressly
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� indicate, beir►g re£erred to as the City: �
� tJ�iEREAS, the Board of Water Commissioners of the City of
� Saint Paul derives its authoriCy and powera �rom lacJS of the State
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� of Minnesota and fran the home rule Charter of tbe City of Saint
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# Paul; and `�
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` GJHEREAS, the Board of Education of the City of Saint
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� Peul derives its authority and powers from laws of the State of
� Minnesota and fram the homP rule Charter of the City o£ Saint Paul;
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� WHEREAS, the Join� Detention and Corrections Authority
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� of the City of Saint Paul and County of Ramsey derives its authority
� and po��ers frcm 18we of the State of Minnesota and in particular
_ � from Chapter 353, Laws of Mi.nnesota for 1955, as amer�ded, and
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� WHEREAS, the Jaint Ccurt House and City Hall Committee
� ef the City of Saint Paul and the County of Ramsey derives its
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� authority and powere from tha laws ,of the State of Minnesota and
� in particular �roui Minneao�a Statutes Annotated, Sec. 374.18, as
� amended; and
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� WHEREAS, the City of Saint Paul derives ita authority and
powers fram the laws of the State of Minnesota and its homs sa�e
� chartar as well as fran laws o£ the Seate amen@atory thereof and
� supplementary thereto; and
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T�kiEREAS, the Purchasing Agent of the City of Saint Paul is
presently the duly autborized purchaeing agent for the Board
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� of Water Commise�oners of the City of Saint Paul, for the Board
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� of Education of the City af Saint Paul, for the Joint Detention
and Correctians AuChority of the Citq of SainC Paul and County of
Ramsey aad for the City of Saint Paul; and
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� WHEREAS, the Board derivss ita authority and powers �rom
" � la�as of the State ot Minnesora and in particular from Chapter 371,
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� Laws of Minnesota fo�r 1929, as amended; and
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� WHEREAS, the Coun�y of Ramsey derives its poc,rera and
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� authority frona lawe of the State of Minnesota, incl.uding but not
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� , limited to Chapter 180, Laws of Minnesota for 1949, as amended by
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� Laws of Mintieaota for 1955, Chapter 154; and -
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� WHEItEA�, the Legislature of the SCate s�f Minnesota, by
� Chapter 542, Law� Qf Minnesota for 1959, entitled:
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� "An act pertaining to the City of Saint Paul and the
� County of Ramsey; providing for a system of central
9r purchasing to be done by the City of Saint Paul
11, and the County of Ramsey in foint participation;
�t providing that the purchasing for the County of
� Ramsey be done thxough the office of the purchasing
� agent of the City of Saint Paul; and providing for
� standardization .of materials purchased and a pro-
S cedure for the testing of materials delivered to
� �� the City of Saint Paul and County of Ramsey in such
� �oint purchasing participation."
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� provided therefor and suthorized and directed the three operational
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� governmental subdivisions of the State of Minnesota, County, City
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� and Board, to eatablish a �oint purchasing program pursuant to the
� � provisions o£ said Act; and
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� WHEREAS, said Act provided, in part, that County purchasing
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� be done through the Purchasing Agent of the CiCy and further pro-
� vided that "All of the charter proviaions o� the City of Saint
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` Paul pertaining to the procedures, rules, and regulations in the
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z field of purchasing goods, wares, and merchandise are hereby in
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� their entirety reserved in full."; and
� WHEREAS, Chapter 643, Laws of Minnesota for Z959, modiPied
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� and changed provisions of ehe Charter of the City with reference_
; to rules and regulations as to bidding and purchasing procedures as
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� in said Statute provided; and
� WHEREAS, certain laws of this State not hereinbefore
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� specifically reFerred to ,provide tha t pursuant to an agreement
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� comparable to the instant agreement, governmental subdivisions
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t of the State, such as the Board, County, and the City, involved
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� in this agreement, may pursuant to said agreement exercise jointly
` any poc��er common to the contracting parties, and that included '
�� and
� in such laws are M.S.A. 471.59, as amended,/ Chapter 160, Laws of
> Minnesota £or 1955, as amended.
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; How, �hexefore� in consideration ot the mutually advantageous
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terms, conditions and provisions hereinafter contained, and
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� endeavoring to carry out the intent and purposes of the laws of
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� the StaCe and with the desire of providing an administrative
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frame�•rork whereby and whereunder it may be possible to effect
� economies in purchasing which will result in savings to the
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taxpayers of the City and County, it is hereby mutually agreed
and provided as follows:
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� 1. That the foregoing recitals hereof, by reference,
, hereby are incorporated in this agreement and made part and
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} parcel of the same, all with the same intent, purpose and effect
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Eas if said foregoing recitals were reiter$Ced herein verbatim.
� 2. That references here�.nafter contained to the City,
County or Board are in�ended and shall be applicable to any
� department, bureau, agency or board or any other sub-unit of
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� the City, County or Board as fully and completely as if such sub- •
� units were expressly set forth herein.
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� • 3. After execution of Chis Agreement by the County, City
� and Board, rhe Purchasing AgenC of the City of Saint Paul, for
� convenience of reference hereinafter referred to as the Purchasing
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� Agent, shall be and he hereby is designated as the Purchasing
� Agent for the County and Board or any department, bureau o�C
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� agency of either the County or the Board with respect to the
� purchasing or contracting for all supplies, materials, equipment
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� and contractual services required by the County, Board, or any '
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� department, buresu or agency of such County or Board, and this
� shall lilcewise be the case where the County, Board, or City, or
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f departments, bureaus or agencies of any of them are represented
� by the Purchasing Agent with reference to joint purchases or
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_ . ��• . contracts for supplies, materials, equipment or contractual
� services through any combination af such aforesaid City; County
� or Board units. The Purchasing Agent, when purchasing or
contracting 'for supplies, materials, equipment or contractual
� services for the City, County or Board or any department,
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� bureau or agency of any of them or any combination of such units,
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� shall proceed pursuant to the CharCer provisions of the City of
� SainC Paul pertaining to purchases or contracts or pursusnt
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� to CharCer provisions as modified or superseded by State law,
� and he shell in particular comply with the provisions of
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� � Chapter 643, Laws of Minnesota for 1959, Regular Session, as
amended by Chapter 546 of the Laws of Minnesota for 1961, Regular
� Session, certain pertinent provisions being hereinafter set forth
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� and incorporated herein for convenience of reference and providing:
� "Section 1. Notwithstanding any provision of Che
4 Char�er of tt�e City of Saint Paul to the contrary,
� all contracts and purchases of supplies of the '
City of Saint Paul are hereby divided into the
following classes:
� (a) AI1 purchases or contracts under the
� sum of $500 shall be made in such manner and
from such persons as the purchasing agent may
� deterittine,
(b) All contracts and purchases of $S00
� � and not to exceed $2000 shall be made upon such
# in£ormal bids or proposals, noC less than two, �
� as the purchasing agent may procure or may be ,
� filed with him, and shall be awarded to the
� lowest responsible bidder by the purchasing �
� agent. NoCice of such praposed purchases shall
# be posted in the office of the purchasing
� agent for not less than one day. . ;
� (c) All purchases or contracta in excess of ;
the sum of $2000 shall be made only upon competitive
� sealed bids and afCer advertisement Cherefor in the
� official newspaper for at least once a week for two ,
� successive weeks. Such advereisement shall state
. z the kind and quanCity of articles desirecl and the
quality thereof either in full or by reference to
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- , the standard specifications, the time and places
' for the filing and opening of bids. All formal •
� bids ahall be made on forms provided by the pur-
� chasing agent, shall state the price, the quantiey
t and qu8lity of each article bid on, and shall be
E sealed, but may be as to one or all of the articles
�� named in the advertisement and shall also be filed
• at the time and place therein designated. All bids
� shall be publicly opened by the purchasing agene at
the time and place named in the advertisement
� in the presence of the mayor and the comptroller or
� their representatives and suc'h other persons as
may be present; in the case of school purchases,
� bids shall be opened in the preaence of the
icomptroller and of Che Board of Education or
� their representaCives.
� "Sec. 2. Subdivision 1. Notwithstanding any pro-
vision of the Charter of the City of Saint Paul to
the contrary, the purchasing agent shall not be
� required to re�ect bids containing alterations
�. or erasures unless such alterations or erasures
� destroy the legibility of the bid.
�� "Subd. 2. The purchasing agent sha11 not be re-
quired to secure formal contracts and performance
� bonds on all purchases of supplies where the total
purchase does not exceed Che sum of $2,000.
� 4. Payment for all supplies, materials, equipment and
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� contractual services ordered through the Purchasing Agenr by the
� County, City, Board or any department, bureau or agency of any ,
of them, or any combination of such units, shall be handled in
the same manner as payments have heretofore been made by the
� County, City, or Board or sub-units of any of them.
� 5. . When jaint formal contracts are to be let involving
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� the County, City and Board, the sub-units of any of them or any
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� combination thereof which necessitate together with the contracts
� a joint bond, the originals thereof shall be filed with the City
� Comptrollex and duplicate originals or conformed or photostatic
copies of the contracts and bonds shall be f3.led with the appro-
� priate county or Board offj.ces. Where County or Board contracts
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��• . are awarded or combined County and Board contracts are awarded,
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� such contracts shall be prepared and such bonds approved by the
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�. Counry Attorney and the originals of such contracts shall be
� filed with the Couaty Auditor and the originals of such bonds
� filed with the County Treasurer, and duplicate copies or photo-
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� static copies sent to the interested departments. Where contracts
i are awarded where only the Board is involved as a unit of govern-
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� ment, such contracts and the bonds required therewith shall be
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� filed with the Secretary of the Board. Where City cantracts are
awarded or where joint City-County or other �oint contracts are
awarded wherein the City or its units are included, such contracts
and bonds shall be prepared by the Corporation Counsel, and the
original contract and bond, in each instance, after execut3.on shall
� b� £iled with the Comptroller and duplic ate copies or photostatic
� copies thereof sent to all interested departments or units. Execu-
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� tion of contract documents on behalf of the City, County or Board
units ,jointly or severally shall be by those off3cers now charged
under law wieh responsibility for executing contracts pertaining to
' their several units of government; with regard to joint coneracts
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# where County nnits are involved, the documents shall be executed
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on behalf of the County by the Chai.rman or Vice-Chairman of the
Board of County Commissioners and attested by the County Auditor;
joint contracte where the Board is involved shall be executed on be- -
� half of the Board by the Chairman or Vice-Chairman and SecreCary of
� - said Board; joint contracts where City units are involved shall be
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( executed in accordance with the provisions of the City Charter� of
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� the City of Saint Paul; ���ith regard to contracCs in which joint City-
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, County governmental units are involved, such cor�tracts shall be
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, � - • execut�d on behalf of each such governmental unit by those I� ��
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� officers of such unit now required by law to execute contractual �
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documents on behalf of such unit. �'
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. The County Attorney shall approve as to form and execution
all contracts involving the County, Board or sub-units of either, II
k The Corporation Counsel shall approve as to form and execution I
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all contracts involving the City or units thereof. The County
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� AtCorney and the Corporation Counsel shall prepare a form of
� joint and several bonds, including bidders' bonds, which shall
�F be so framed as to be applicable to an individual unit of govern- I
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� ment or any combination of units of gavernr�ent.
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� 6. Where contracts for purchase of material or supplies �
� are sou�ht involving auiounts between $2,000 ar.d $5,000, the same �
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may be awarded on behalf •of the City by a pur�hasing committee
� consisting of the Mayor, Comptroller and Purchasing Agent ox their , , ,
� or as oCherwise provided 'by lew, �
� designated representatives� on behalf of the County by a purchasing !,
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� coramittee consisting of the Chairman of the County Board, the . I�
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; County Auditor and the Purchasing Agent or their designated repre-
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f sentatives, on behalf of the Board by a purchasing committee I�
� consisting of the Chairman of the Board, the Secretaxy of the �
� Board and the Purchasing Agent or their desigttated representatives, �
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� and joint contracts involving City and County or Board units may �
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t be awarded under a joint a�•�ard by the aforesaid purchasing
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fcommittees after bids have been tabulated by the Purchasing Agent
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� and submitted to the departments or units interested therein for '
� their advice. Award of any contract for purchases of materials ',
� or supplies for $5,400 or mare ox award of any construction or I'
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� ��• , public ��orks coatract shall be maiie by the purchasing committees
� aforesaid and in the mannAr hereii�before p�ovided, but any such
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� award shall not be complete and it shall ha.v,e.� effect to bind
� the City, County or Board, or any of them, unless and until
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� approved by resolution of the governing bodies of the interested
� governmental unitsr
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� 7. The�Purchasing Agent is hereby suthorized and directed
� to use City purchasing forms with reference to contracts or purchases
� contemplated hereby, excepC that such forms shall be adapted with
� respect to language presently contained in such forms ao as to be -
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� applicable and appro�riate to Che C3t y, the County or Board or
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E sub-units of either, and shall likewise be modif ied by the
Purchasing AgenC when combined or joint City, County or Board �
� cantracts or purchas�s are invo�ved. The P�rchasing Agent, together
� with the County Attorr.ey and the Corporation ��unsel, after consulta-
tion with the County Auditor and the City Comptroller, are hereby
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� authorized, after the effective date of this agreement, to modify
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� and adapt City purchasin� forms with reference to contracts or
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E purchases contp.mplated hereby so as to effectua�e desirable,
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i practical adm3,nistra*ive procedures contemplated by this Agreement,
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� and with reference to such modification or adaptation of forms as
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� hereinabove provided, it sha11 be unnecessary for the Purchasing
� Agent to obtain any further authority than in this paragraph con-
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� tained from the parties to this agreement.
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8. Whenever it becomes necessary for the Purchasiag Agent
�' to secure a waiver of competitive bidding procedures on behalf of
the Coune Cit or Board or a of the sub-units of an of them
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or cahenever an unusual purchasing or cantractual problem arises -
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� which the Purchasing Agent cannot resolve at the administrative
� level, then such matters shall be aubmitted to the appropriate
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, . �" � govezning body of the County, City or Bpard involved for its
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determination, or, if more than orie gov�rnmental subdiv�.sio�,
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� Cou�ty, City or Board, are involved, such matCers shall be sub-
� m�.tted to the appropriate governing bodies for determination.
� With respect to any legal problem wliich may �rise with
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� re�erence to pu�chases or nontracts �ont�tnplat�ed �li�sda�lt to tlie
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� p�bvisions bf thi� Agreement, t1�e same �hal1 �e ��i�tnitted to the
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� County Attorney i� ehe County or Board or a sub-unit of either .is
irivolved, to th� Cbrporatioh Co�ins�Y whei`e the City or one dr '
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tnbre of its sub-1�n�.ts a�'e �r�volv�d, and �ofntly CYi Lhe Cdi�rlt�
# At�orney arid th� Co�poratiorl Counsel where a combination of City
� and G�ounty or Board units �are involved.
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� 9. The Purchasing Agen� shall submit t�a the County and
� Board annually, on or about the 15th day of July of each year after
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� the execution of this agreement, a statement of expenditures by his
� office char eable against the Count or Bourd or sub-uniCs of
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eiCher, approved by the County Auditor and the City Comptroller,
and the County or Board shall thereup�� rei��urse the City by
payment through the Purchasing Agent ot such amounts as are due
� ' respectively from the County and Board.
� 10. A permanent committee on standardization of purchases
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� for the City, County and Board shall hereafter be selected on an
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� equal basia of representatives of the County,City and the Board.
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� Members of such committee representing the County shall be appOinted
� by resolution of the Board of County Commissioners of Ramsey County;
' members representing the Board shall be appointed by resnlution
� of the Board of County Welfare of Ramsey Cuunty; and members rog���--
� senting the City shall be appointed by resolution of the Council of
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_ , the City of Saint Paul. In addition to the other members of the
committee selected as hereinbefore provided, the Purchasing Agent
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� shall ex-officio be a member of such committee and shall be
charged with the rights, powers and duties of other members of
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t the committee. It shall be the duty of the commitCee selected
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� to agree on single specifications for all items commonly used in
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� each of the governmental uniCs in order that their purchasing
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� power may be combined.
; 11. It is the desire of the parties to this agreement
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E that no employee of any of the parCies shall suffer any loss of
� �
� salaxy, seniority, tenure or pension rights by virtue of the
� purchasing program and procedures initiaCed pursuant to the pro-
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� visions of this Agreement, and the parties hereto indicate their
� muCual desire to strive cooperatively so that no such employee
F shall be adversely affected as a xesult of the �oint purchasing
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C program contemplaCed hereby.
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� 12. With respect to purchases or contracts in process
� prior to the time the Purchasing Agent of the City enCers upon a
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purchasing program entirely on behalf of such department, such
, purchases and contracts shall be processed to finality pursuant
} to applicable law existent prior to execution of ehis Agreement. -
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; No provision of this Agreement shall be consCrued as prahibiting
� or rendering void or ineffectual a contract or agreement entered
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� into prior to or after the effecCive daCe o� this Agreement which
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has been or is processed pursuant to applicable law existent prior
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to the effective date of this, Agreement.
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' � 13. Agreements or contracCs for professional services,
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� which shall include contracts or agreements for the supplying of
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� services by attorneys, physxcians, architects, engineers,
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, . '� - consultants, or other individuals or organizations possessing a
� high degree of technical skill, shall not be included in the scope
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� of this Agreement, and such contracts or agreements shall be
entered into pursuant to provisions of applicable law existent
prior to the effective date of this Agreement.
� 14. Within a reasonable time after the program contem-
� plated by this Agreement is operative and as soon as it is deemed
4 practical by the governing bodies of the County, City and Board,
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� such bodies shall by concurring resoluti.nns provide for the
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� establishment of a central office supply stock room. The method
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� for providing funds for the procurement and opera�ion of such
� central office supply stock room shall be incorporaCed in the
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provisions of the aforesaid concurring resolutions, and upon adoption
� by the governing bodies of the County, City and Board shall become
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� operative as a part of the program provided for under this Agreement.
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� IN WITNESS WHEREOF, the parties hereto have hereunto set
€
t their hands and seals the date and year first above wriCten.
�
� COUNTY OF RAMSEY (by . . . .
j COUNTY WELFARE BOARD
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fBQARD OF WATER COMMISSIONERS
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� BOARD OF EDUCATION
� JOINT DETENTION AND CORRECTIONS ALPrHORITY
� JOINT COURT HOUSE AND CITY HAI,L COMMITTEE
�
� CITY OF SAII�T PAUL
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i DRAFT November 9, 1961 �
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AGRE E '�A � NT
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� THIS AGREEMENT , made and entered into this
� day of , 1961, by and between �he County of
Ramsey, actxng by and through its Board of County Commissioners ,
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E hereinaf tEr referred to as the County, theCounty Welfare Board of
� the City of Saint Paul and County nf Ramsey, hereinafter referred
� to as the Board, the Board of Water Commissioners o� tY�e City of
� Saint Paul, acting by and through the said Board of Water
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i CommiSSioners, the Board of Education of , the City of Saint Pau1.,
ac�ing by and through said Boa�d of Education, the Joint Detent�.an
and Corrections Authority of the City of Saint Paul and Cnunty of
Ramsey, ac�ting through said Authority, �th� Joint Court House and
� City Hall Committ�e of •the Ci•ty of Saint Paul and the Courtty of
Ramsey, ac�Eing by and through said CommitteQ, and the City of
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. Saint Paul. ac�ing by and through its Councilo the said Board
of� Water Commissioners, Board of �ducation, Detention and Corrections
� s
� Authority, Joint Court Hause and City Hal.l Committee and �he Ci.ty
� of Saint Paul, tor the purpose of convenience of reference,
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� except as in the context o� this agreernent may otherwi�e �xpressly
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indicate, bei.nq r�ferred to as the City:
WHEREAS , the Board of Water Commissioners of the C ty of
t Saint Paul derives its authority and pavers from laws of t e State
� of Minnesota and from the home ru�e Charter of the �City of , Sain�
� Paul; and - -
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t WNEREAS p the Bo�rd of Ed�cation of the �ity of Saf.nt
� Paul derives its au�hority and po��ers from 1a�ls o� the S�ai;e of
� Minnesota and from the home ru].e Charter of the City of Saint Pau�;
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� �NHEREAS , the Joint Detentian and Corre��ions Authority
� of the City of Saint Paul and Caunty of Ramsey ci�rives its auth�rit y
� and �oevers from �aw� of the State of [�Iinnesota and in particulax
� from Chapter 353, Las�s of :��Ainneso�a for ].955, as amended; and
� WHEREAS, the Soint Cou�t Nouse and City I-Iall Gnmmittee
o� �he City of Sairrt Paul and the County of Ramsey der�v�es its
. � authority and powers from the laws of the State of :�innesota and
� in particula� from tdinnesota Statutes Annotated, Sec . 37401.8, as
� amended; and
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� WHCREAS, the Ci�y af Saint PauJ. derives its authority arid
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j powers from the $aws o� �he State of Mfnnesota and its hom� rule
� charte� as well as f�om �aws �of -the Sta�e amenda�cory thex�of arr.�
� supplementary thereto; a nd
� WHEREAS , the Purchasing Agent �� the C�.ty of Sain� Paul, is
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� presently the du7ly authorized purchasing agent for the Boaa��l
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� of Wa�ter Commissioners o� the City of Saint Paul� far �he ��ard
� of Education of the City af 5a3.nt Paul, far the Joint Det�X�t�on
� and Corxections Authority af the City og Saint Paul and Gaunty of
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� F�amsey and fo� the City of Saint Pau1; a�xi
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NJHEREAS, the Board derives i�s aut�ority arxi powers from
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j laws o£ the State of Minn�sota:,and in particular from Chap�er 371,
� Laws of ��innesota fur 1929, as amended; and
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� WHEREAS , the Couflty of Ramsey �lerives its powers a� d
� authority from lauvs of the S�ats of PAinnesota, including b t no�t
limi.ted to Chap�er 184, I.aws of Pdinneso�a �or 1949, as ame�nded by
Laws of PJ[inn�s�ta £ar 1955, Chapter 154; and
� WHEREAS, the Legis3a�ur� o�f the Stat� of �Y�innesot� , vy
� Chapt�r 542, bai,�s o� Minnesa�a for :�959s entitled:
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"An act pertaininq to the City of Saint Paul and the
County of Ramsey; providing for a sys�em of centra],
purchasing to be done by the City of Saint Pau1l
� and the Cotanty of Ramsey in ,joint part3.cipation; ,
� providing that the purchas3ng for the County of
e Ramsey be done through the office of the purchasin�
� agent of the City of Saint Pau]l; and providiizg for
standardizatfon �£ mat�rials purchased and a pro4
� cedure f or the testing of materials delivered to
� the City of Saint Paul and County of Ramsey �n s�ach
� join� purchasing participation� "
� provided �herefor and authorized and directed the thr�e o�a�rat3onal
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governmental subdivisions of the State of :�iinnesota , CountX, City
and Board. to establish a joint �urchasing prog�am pursuan�t to the
prov3.sions of said Act; and
WHEREAS9 said Act pro�rided, in parta � that County purchasing
be dor�e through the Pur�hasing Agent af the� City and f urthgx px��
wided that "All of the charte� provision� of the city o£ Saint
�
� Paul pertainirg to the p�ocedures, ru�.�s� and reguiation� �.n the
� f ield of purchasing goods, wares, and merchanc3is� are h�reby in
�r their entiret�r reserved in fullo"; and
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� - WHEREAS , Chapt er 643. Laws of Minnesota f or �959. modified
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� and changed provisions o£ the Charte� of the City r�ith ref erenc�
ito ru�.es and r�gulations as to bidding and purchasing pz�ocedures as
in saici Statute prov�ded; and
WHEREAS , certain laws of this State nnt here�nbefore
Ispecifically �-efea�ed to provide that pursuant to an �greement
comparable tb the instan� agreement, goverr�nent�� subdivis ons
of the Sta�e, such as the Board* County, and the City, in�r lved
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� in this agreement, may pursuant to said aqrEQment exerc�.se �o3.ntly
� aiiy po��er common to the co�ntracting pa�ties, and tha� included
� a rtd
� in such Ia�as ar� M�SoA� 47Z,59, as amended,/Chap�er Y60, L�ras af
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� Minnesota �or 1955, as amendeda
�6o�Y, 7hereforeo in cansideration o� the mutually advantaq�ous
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� terms, corcditions and provi�ions herein�fter eontai.ned, actd
� endeavorinq to carry out �the inten� and purposes of the laws of
�he 5�ate and vaith �he desixe of ��oviding an administrai;iue
� #ramework whereby and where�nder i� may be �assit��e to �f�ect
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� � ecanomies in purchasing which �vill resu�t in savings to the
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� taxpayers af the City and Coun�ty, it is hereby mutual.l.y agreed
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� and provided as folLow�:
� lo That �he £orec�oing recitals hereof , by ref erence,
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� hereby are incorporated in this agreement and made part and
� parcel of the same� all with the same intent, purpose and �e�f ect
� as i# said foregoing recitals were reiterated h�re3n ve�ba�t3ma
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� 2o That referenc�s hereina�ter conta�.ned to the City,
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� County or Board are intended and shall be appl3.cal�le to any
. i department, bureau, ar��ncy or board or any o�th�r sub�-unit of
� the City, Coun•�y or Board as f ully and comp].etely as if such �ub-
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� units were expressly set �or�h hereino
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� 3o After execution of this Agreement by the County, Gi.ty
� and Board. the Purchasing Agent of the City of Saint PauL, f ar
convenience of ref erence here3.nafter ref erred to as the Purchas3.ng
s Agent, shall be and he hereby is designated as the Purchasing
� Agent £or the County and Board or any department, bureau or
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� agency of either the County or the Board with respect ta the
purchasinq or cantracting far all supplies, materials, equ pment
� and contractual services required by the County= D�tard, or I ny
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` department. bureau or agency o£ such County or Boa rd, and his
�hall Iiketvise be the case �h�re the Countyo Board, ox Gity, or
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� depar�ments, bureaus or agencies of any o� them are represented
� by the Purchasing Agent with ref erence to �oint purchas�s qr
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contracts for supplies, materials. equipment or contractua3.
� services through any combination of such aforesaid City, County
► or Board un3tso The Purchasing Aqent, when p�u�chasing or
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� contracting �or supplies9 materials� equiPment or contractual
services for the City, Coun'�y or Board or any departmen�t,
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bureau or agency of any of �hem or any combination of such units,
� sha].1 proceed pursuant ta the Charter prouisions o� the (�i�ty of
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Saint Paul perta�ning to purchases or contracts or pursuant
to Cha�te� prouisions as modi£ied or superseded by S�ate I.au�o
and .he shall in particular compZy with the pro�isions of
Chap�er 643. I,aws of Minnesota for 1.959, Reguj,�r �ession, as
amended by Chapter 546 0� 'th@ �aws o� Pdinnesota fo� 1961, REgular
Ses�ion, certain pertinent provisians being hereinafter set forth
and incorpo�a�ed herein for convenience o� reference and providing;
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� tOSection lo Hotwithstandir►g an�C provision of t�e
� Ch�er vf the City of Saint Paul to th� contxax•y,
all cont�acts and purchases of supplies of the
E City of Saint Paul are hereby divided �.n�o the
� fo�lawing class�� : �
� ( a) All purchases or con��eacts under the �
� sum of $500 shall be made in such manner and
� from such persvns as the purchasing agent may �
� determined
(b) All eon�trac�s and purchases o� $500
and not to exceed $2000 shall be made upon such
informal bids or proposals, not �ess than two,
�F as the purchasing agent may procure or may be
filed�•��rith him, and shall be awarded to the
� lowest responsible bidder by the purchasing
� agente Notice af such proposed purchases shall
be posted in the of f icQ of the purchasing
agent for not less than on� day,
( c) A11 purchases or �mntracts in excess of
the sum of $2000 shall be made only upnn compe��tive
� sealed bids and a.f�er advertisemen� therefor in the
� o£ficial ne�spaper fo�.� at lea�t ance a week for tv�o
� su�cess3.va weeks, Such adver•tisement shall s�ate
� •the kind and quanti.ty of a�tic�.es des�.red and the
} quality �hereo� either in ��all or b�y refQrence to
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the standard s�ecifica�ions, the time and p�aces
f or the f iling and � opening o� bids� All. f ormal
bids shall b� made on f orms provided by �he pur�
� chasing agent, shall sta�te the p�ice, the quantity
� and quaiity of each article bid on, and shalA b�
� seal�d, but may be as �Eo one or all of the articles
named in �he advertisement and shal� a�.so be fi�ed
� at the t�me and place �therPin de�ignatedo All bids
shall be publicly opened by 'the purchasing agent a�
the time and place named in the advertisemen'�
in the pre5ence af the mayor and the compt�o�.�.�r or
_ �heir representatives and such other persons as
! may be preser�t ; in the ca�e of school p� chases,
� bids shall be opened in the pr�sence o� �he
comptrol].er and of the Board of �ducation or
f their representativ�so �
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� "Se�e 2, Subdivision ].@ Notwiths�anding any pro�
vision af the Charter of the City of Saint P�ul to
� the contrary, the purcha5ing agent shall not be
� required to re,�ect bids conta�ning al�erations
�r erasures unless such alterations or erasures
, destroy the legibility of the bido
"Subd, 2o The purchasing agent shall. not be re�-
qui�ed �o secure formal contrac�s and perfoPmance
bonds on a1� purchases of supplies where the tota�
purchase does not exceed the sum a� $2e000o�''
4o Payment f o�' a11. su�plies, mateZ•ials, equipm�nt and
_ � contractual services order�d through the Purchasing Agent by i:he
� County, Ci•�y, Board or a ny department, bureau or aqency o� any
� af them� ar any combirta�ion o� such units, shali be handl.ed 3.n
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� the same manner as payments have heretofare been made by the
County, Cityt os Board or sub-units o� any of them.
5b When joint formal contracts are to be let involVing
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� the County, Ci�y and 8oard, the sub�units of any af them or any
� combina�tian there�f which necessitat� �:ogeth�r with the con racts
a ,joznt bond. �he o�3ginals thereof sh�Fl be �"iled wit�� the ' City
Camptroller and dupl�a�t� o��.ginals or cor�f aamEd or phd�tostatic
� copies of' the contrac�ts and bonc4s sha1T be �i1�d with the a�pPO-
� pria-te County or Boasd off�es, V�here County ar Board con�tr�ct�
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- � � � are awarded or combined County and Board cantacacts are aa�atded,
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such contracts shall b� prepared and such bonds �pproved by the .
County Attarney and the originals af such cont�act� shal� 1oe
� f iled with �he County Auditor and the originals of such bonds
f i�.ed v�ith the Count�y Tr�asurer, and duplicate copies or photo-
� s�tatie copies sent to th� interested depar�mentso ENhere .contracts
� are a�arded uahere only the Board is inrvolved as a unit of govenn-
ment, such con�Gracts and the borxis required th8r�with sha11 be
� filed with the Secretary of the Boardo Wher� City contracts are
awarded or where jo3nt Gity�County or other joint contrac�� a$�
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a�varded wherein the Gity or i�s ��units are inclu�ded, such cont�acts
, and bonds shall be prepared by the Corporation Counsel , and th�
� origina� contract and bor�dB in �ach ir�stanceo after execution �hall
� , be f 31ed with th� Comptroller artd duplicate copies ar photostatic
� copies thereof sent to a11 interested departments or units, Execu�
P tion of contract documents on b�half of the C3.�y, County or Board
uraits jointly or sevesally shall be by those off icers now charged
under law with re�pon�ibility f or exe�uting cgntracts per�aining to
� their sevgral uni.ts of go�erriment; with �egard to ,joint contracts
� where County units are involvede the documents shall be execu�ted
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! on beh�lf of the County by the Chairman or Vice-Chairman of the
Board of County Commissioners and attested by the County Audi�orn
�oint con�racfis where the Board 3.s i.nvnlved sha11 be execut d on be-
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half of the Board by the Chairman or Vice�Chai�man and Sec� etaa°y of
� said Board; �oint contr�cts whers Ci�y uni'ts are inwolved ha�g be
� e�cecuted in accordance with the proerisions of the City Charteg of
� the City of Sa�t.nt Paul; wi�h regard to contracts in �ahich j�oint Cityp
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Count�r governmental units are inva�ered9 such contracts sinall be
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� execut�d on behalf of each such
� gaverru�n�ntal unit by those
officers of such uni� now required by law to execute con�ractual
� documents i�n behalf o� such unit,
� The Coun�y Attorney sI�all approve as to form and execution
all �ontracts involving the County, Board or sub-units o� eithero
The Corporation ��aunsel sha11. approve as �o f orm.zand executxon
a11 contxacts inval.ving the City or units th�reofo The County
� Attorney and the Corpv�atian Counsel shall prepare a f a�m of �
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� joint and several bonds, including bidders' bonds, which sh�ll
� be so framed as to be applicable to an individua7, uni� of gpvearn-�
� ment or any comb3nation of units of governmen�o
� 6e Where contracts for purchase of mater3.al or supplies
� are sought involving amounts hetv�e�n $2.000 and $5,U00, the same
� may be awarded on beha lf of the �i��► by a puxchasing committee
� eonsisting of the Mayos, Comptroller and Purchasing Ac�ent ar th�ir
I �,� AS o7'��Rr.ias� P�-uv�ded.by�Cgtv�
� desfqr�ated representa�Lives,� on behal� o� the County by a purchasiraq
� cammi�tee cons�st3ng of the Chair�na� of the County F3aard, th'��e
� County �luditar and �the P�•chasing Agent or their designated �Eprea
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� sentativ�s. on behalf af the Board by a p��chasing cammitte�
� . cons3sting of �he Chairman o� the Board, the Sec�etaxy of th
� Board a nd the Purct� sing Agent or their des3gnat@d �epresen� tives,
� arad jofnt contracts involv3ng Ci�y and Coun�y or Baard units rra
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be awarded under a join�t award by the a�oresaid purchasing !
� comrnittess after bids have been tabulated by the Pur�hasing I�gent
and sUbmitted to the departments or units �.nterested �h erein f or
� thezr advice. A��ard of �r:y cont�act for purchas�s of mater3,als
€ or supplies f c�r $5 t 000 or more or a��a.rd ai a�ay con3�ructior► o�c
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. z' - public works contract shall b� made by th� purchasing committees
a#oresaid and in the manner hereinbe�ore provided, but any such
award shall not be complete and it shall have no eff ect to bind
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�he Ci�y, County or �oa�d, or any of themfl un�ess arid unti�
� approved by resobution of the go�ve�ning bodies of the in�teres�ed
� governmental uni�tso .
; 7o The Purchas3ng Agen� is hereby authorized and direct�d �
to use City purchasing £orms with re�e�ence to contracts or p�rcha�s
� contemplated hereby� except that such f orms shall be adapted with
� respect ta language presently contain�d in such forms so as to be
� appl3.cable and appropriate �o the City, the County or Board or
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� sub�units of either, and shabl like�►ise b� modified by the
Purcha�ing Agent when combined or joint City, Gvunty Qr Board
contracts or purchases are involv�do Ihe Purchasing Agento tog�th�r
with the County Attorney and the Corporation Cour�� after cansu�tam
� tion wi�h the Courc�ty, Auditor and th� City Comptrolle�, are hereby
authorized, after the effec�ive date of this Agreement , �o modify
� and adapt Gity purchasing f orms with r�ference to contracts or
� purchases contemplated hereby so as to e�fectuate des�.rableq
� practicai administrative procedures �antemplated 1oy this Agreementn
� and with ref erence to such modif ication or adaptation of f o�rms as
Phere3naborre providedo it shall be unnecessary for the Purchasing '
Agent to obtai,n any fu�ther authority than in this paragraph conm
tained from the parties to �his Agreement,
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� 8p Whenever �.t becomes necessasy for the Pu�chasing Agent
� tio secu�e a waiwer of competitive bidding procedures on behalf o€
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� the Countya City or Board or any of the sub�units of any of them�
� or whenever an unuaua� purchasing or contractual problem arises
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which the Purchasing Agent cannot resolve at the adminis�ratirre
leveg, then such matters shall be submitted to the ap�Oropriate
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� gove�ning bndy o£ the County, City or Board involved f or i�;s
� determi.natinn, or, if more than one governmen�al subdivision,
� County� City or Boards are involved, such matters shall be sub-
� mitted tn the appropriate gov�rning bodies for determ�.nationo
� With respect to any le �1 roblem which ma
� 9 p y arise riith
� , ref erence to purchases or contracts contemplated pursuant to the
� provisions of this Agreement, the same shall be submitted to the
� County At�orne+� if the Coun�ty or Baard or a sub�u�nit: of ei�her is
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� in�olved, to ths Corporation Counsel �here the City or one n�
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� more of i.ts �ubRunits are irsvogvede and �ointly to the County
� Attorney and the Corporation Counseg umhere a combinat3.on o£ City
} and County or Baard uni�ts are irnrolvedo
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E90 The Purchasing Agent shall submit to the County arsd
Board annual�yp on or abou� the g5th day of July of each year after
the execution of this Agreem�nt, a statement of expendituses by his
� off ice chargeable against the County or Board or sub�unit� of
,
� eithero appro�ed by the Coun�ty A uditor and the City Comptroller9
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and the County or Board shag� thereupon reimbu�se the City by
payment .through the Purchasing Agent of such amounts a� are due
respectively f rom the County a nd Boa rd o
� l0o A p�rmanent committee on standardization of purchases
� for the Cityo County and Board shall hereafter be selected on an
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f equa� basis of representat3.ves of the County, City a nd the Boardo
Membe�s of �uch comm3.tte� representing the County shall be ppoin�ed
� by rssolution of �he Board af County Commissioners of Ramse Coun�ty;
t members �epresent�.ng the Board shagl be appointed by Pesolution
of the �oard of Gounty Welf are o# R�msegr County; a nd members repr��
senting the City shall me appoint ed by reso�u�tion of the Council of
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• � the C:�.ty of Saint Paulo In addition �o the other memb�rs of the
� committee selected as hereinloef ore provided, the Purchasing Agen�
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� sh:�ll ex-off icia be a memb�r of such commi�tee and sha3.1 be
� charged with the rights� p�wers and duties of other members of
the committeeo It sha11. be the duty of the committee selected
, to agree on single specifications for a11 items commonly used in
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� � each of the goverrYmental .units in oarder that their purchasing
power may be combinedo
11, It is the desire of the Parties to this agreement
that no emplc�yee of any of the partie� sha�l suff er any loss of
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� salary, seniority, tenure or pension rights by virtue of the
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� purchasing program and procedures 3nitiated pursuant to the pro=
� visions of this Agreemento and the parties hereto indic�tg their '
� mutual desire to strive cooperativel so that no such em
� Y ployee
� shall be adversely aff ect�d as a r�sult of �he joir� purchasing
� program contemplated hereby,
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� 12Q with respect �o pu�chases or contracts in process
� prior to the time the Purchasing Agent of the City enters upon a
� purchasing program entirely on behalf of such depa�tment� su�
purchases and cont�acts shalZ be processed to £inality pursuant
r to applicable law existent prior to �xecutio.n of this agreemento
No provision of this Agreement shall be construed as prohibitinc�
� or rendering void or ineff ectua� a contract os agreeme nt entered
i into �
prior to or afte� the effectier� date of �Chis Agreement Which
� h�s been or �is processed p�as�uant to applicabge lav� existent Pfor
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to the ef fective date of this Agreement o
� 13o Agreements or contracts f or � _ �O services which
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� shall include contracts or agreements £or the supplying of sePVices
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• � � � by a�torneysa physicians, arch3tects, engineer�, consu�tants,
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� or other individuals or organizations possessing a high degree
of technical skill, shall not be in�luded in the scope of th�.s
� Agreement. and such contracts or agreem�rrts shall be entered
� into pursuant to provisions o�F applicable 1aw existent prior
� to the effective date o# this Agreemento
F � 14o Within a reasonable time af ter the program contemplated
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by this Agreement is operative and as soon as it is deemed practical
by the governing bodies of the Countya �ity and Board, such bodie5
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� shall by concurring resolutions provide f ar the establishment of a
t central of f ice supply stock roomo The method f or providi�rig funds
� f or the procur�ment and operation o£ such central office supply �
�
� stock room shall be inco�porated in the provis3ons of the afare-
� �a�.��.concu�rir�g resolutions, and upon adopt3on by the governing
bodies of the County. City and Boarc# shall become operative as a
part of the program pro.vided f or under this �lgreement o
, IN WITNESS YYHEREO�Q �he parti�s hereto have hereunto set
� their hands and seals the date and yeaP first abave writteno
� Ct?UNTY OF RAMS EY ( by o 0 0
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� COUNTY WELFARE BOARD
� BOARD OF WATER CAULMISSIONERS
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� BOARD OF ED[.�AT ION
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� y JOIM DETENTION AND CORRECTIOI�SS AUrHORITY
� JOINT COURT HOtUE AND CITY HAI,L 00��[[�ITTEE
� CITY Ofi SAI�TT PAUL
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St. Paul, 11�inn., . File �lo.
. • • • Resolution 9_6131
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� • , • � November 1�+, 1961•
Co{� The attention o� �ounty Auditor - City Comptroller - City Council - County Attorney -
poration Counsel of the City - County Welfare Boaxd - Board oP Water Co�zunissioners, S�.Paul -
, Board of Education, St. Paul - Joint Detention �.nd Corrections Authority'- Joint Ca.urt House
: and C�t�S�Hea�l���mm�'t�e� the following Resqlution of the Board of �un�y Commissioners of k�amsep
� County, Minnesota, adopted at the meeting held on November 13, I.961 . ' .
� By Commiecioner Daubney: , ' �
� . .
� � j+1�REA,S Chapter 5�+2, Law� of Minnesota for 1�59, provides in effect tliat
� - �� the County of Ramsey, the City of St. Pwul and the County Welfaxe Boaxd of the
City o� St. Paul and the County of Ramsey shall establish a �oint purchasing � �
� program pursua.n.t to the provisions of sa,id Act, and • .
t
� ' S�REAS A special committee comprised of representatives of•the Boaxd
F , of County Co�issioners, the Council of the City of St. Paul and the Ramsey County
� Welflare Board has prepared and submitted �or approval an agreement dated draf't
of. November 9, ig6i; Now, Therefore, Be It
�, . . ,
� . . , • .
. � . , RESOLVED By the.Boarc� of Ramsey County Commissionexs that sub�ect to
. , the approval of the Ramsey County Attorney� subject to the Council of the City
f o� St. Paul and sub,ject•to the approval o� the Ramsey County Welfare Boaxd, the
� heretofore referred to agreement d.a,ted draft of Novem�er 9, 1961, be arid it
hereby is approved.
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� � - EUGEIV£ �. MO C�, Cou�cy Aud�a'
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' � • • I3y .�G eput3,.
i�Form Aud.200
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� • DRAFT November 9, 1961
' A G R E E M E N T �
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�{ THIS AGREEMENT, made and entered into this
P
i day of , 1961, by and between the County of
� . Ramsey, acting by and Chrough iCs Board of County Commissioners,
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� hereinafter referred to as the County, the County Welfare Board of
� the City of Saint Paul and County o� Ramsey, hereinafter referred
�
�
i to as the Board, the Board of Water Commiasioners of the City of
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€ Sa�.nt Paul, acting by and through the said Board of Water
� f
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` Cammissioners, the Board of Education of the City of Saint Paul,
�
� aceing by and through said Board of Education, the Joint Detention
� and Corrections Authority of the City of Saint Paul and County of
� Ramsey, acting through said Authority, �he Joint Court House and
.
a
� City Hall Cammittee of the City of Saint Paul and the County of
� Ramsey, acting by and through said Committee, and the City o£
� Saint Paul, acting by and through its Council, the said Board
� of T�Tater Commissioners, Board of EducaCion, Detention and Corrections
� Authority, Joint Court House and City Hall Committee and the City
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; of Sai.nt Paul, for the purpose of convenience of reference,
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{ except as in the context of this agreement may otherwise expressly
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�F indi�cate, being referred to as the City:
tdHEREAS the Board of Water Commissioners of the City of
� �
�
� Saint Paul derives its auChori.ty and powers from laws of the State
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�, of �Iinnesota and from the home rule Charter of the City of Sai.nt
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� Paul; and
� [dFiEREAS, the Board of Educatian of the City of Saint
Y
� Psul der3.ves its authority and powers from laws of the State of
� Minnesota and fram the• home ru].e Charter of the City of Saint Paul; •
� '
� and
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� WHEREAS, Che Joint Detention and Corrections Authority
�
€ of the City of Saint Paul and County of Ramaey derives its authority
�
� and po�aers from laws of the State of MinneaoCa and in particular
�
� from Chapt�er 353, Laws of M�,nnesota for 1955, as amended, and
! WHEREAS, the Joint Court House and City Ha].1 Committee
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� �
t of the City of Saint Paul and the County of Ramsey derives its
� authority and powers from the laws of the State of Minnesota and
in particular from Minnesota Statutes Annotated, Sec. 374.18, as
� amended; and �
� �
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� WHBREAS, the City of Saint Paul derives ies authority and
i
i po�aers from the laws of the State of Minnesota and its home ra�e
charter as well as from laws of the State amendaCory thereof and
� supplementary thereto; and
�
�
� WHEREAS, the Purchasing Agent of Che City of Saint Paul is
� , presen�ly the duly suthorized purchasing agent for the Board
; of Water Commissioners of the City of Saint Paul, for the Board
i
� of Education of the City of Saint Paul, for the Joint Detention
�
� and Corrections AuthoriCy ot the City of Saint Paul and County of
� Ramsey and for the City of Saint Paul; and
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� WHEREAS, the Board derivea ita authority and pocaera from
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�. laws of the State of Minnesota and in particular from Ghapter 371, .
R
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� Laws of Minnesota for 1929, as amended; and
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� WHEREAS, the County of Ramsey derives its po�aers and
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! authority from, laws of the State o£ Minnesota, including but not
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t limited to Chapter 180, Laws of Minnesota for 1949, as amended by
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f Laws of Minnesota for 1955, Chapter 154; and
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� WHEREAS, the Legislature of the State of Minnesota, by
Chapter 542, Laws o� Mi.nnesota for 1959, entitled:
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� ' "-An act pertaining to the City of Saint Paul and the
County of Ramsey; .providing for a system of central
purchasing to be done by the City of Saint Paul
and the County o£ Ramsey in 3oint participation;
� providing that the purchasing for the County of
Ramsey be done through the office of the purchasing
�� agent of the City of Saint Paul; and providing for
standardization of materials purchased and a pro- �
� cedure £or the testing of materials delivered Co
� the CiCy of Saint Paul and County of Ramsey in such
� ,�oint purchasing participation." ,
� provided therefor and suthorized and directed the three operational
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; governmental subdivisions of the State of Minnesota, County, City
� and Board, to establish a joint purchasing program pursuant to the
(
� provisions of said Act; and
� WHEREAS, said Act provided, in part, that County purchasing
�
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� be done through the Purchasing Agent of the CiCy and further pro-
�
� vided that "All of the charter provisions of the City of Saint
� Paul pertaining to the procedures, rules, and regulations in Che
field of purchasing goods, wares, and merchandise are hereby in
� their entirety reserved in full."; and
WHEREAS, Chapter 643, Laws of Minnesota for 1959, modified
,,� , and changed provisions of the Charter of the City with reference '
to rules and regulations as to bidding and purchasing procedures as
in said Statute provided; and �
WHEREAS, certain laws of this State not hereinbefore
� specifically referred to provide tha t pursuant to an agreement
� comparable to the instant agreement, governmental subdivisions
� of the State, such as the Board, County, and the City, involved �
� ,
� in this agreement, may pursuant to said agreement exercise jointly
� any poc•rer common to the contracting parties, and that 3ncZuded ;
� and
� in such laws are M.S.A. 471.59, as amended,/ Chapter 160, Laws of ,
� Minnesota for 1955, as amended.
�
� Now, There£ore, in consideration of the mutually advantageous
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. � terms, conditions and provisions hereirtafter contained, and
endeavoring to carry out the intent and purposes of the laws of
� the State and with the desire of pxoviding an administrative
� frame�•�ork whereby and whereunder it may be possible to effect
�
� economies in purchasing which will. result in savings to the
taxpayers of the City and County, it is hereby mutually agreed
and provided as follows:
� 1. That the foregoing recitals hereof, by reference,
�
� hereby are incorporated in this agreement, and made part and
jparcel of the same, all wiCh the same intent, purpose and effect
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� as if said foregoing recitals were reitereted herein verbatim.
� 2. That re�erenc�s hereinafter contained to the City,l �
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�E County or Board are intended and shall be applicable to any
de artment bur u -
p , ea , agency or board or any other sub unit of
� the City, County or Board as fully and completely as if such sub-
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� units were expressly set forth herein.
E3. After execution of this Agreement by the County, City
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� and Board, the Purchasing Agent of the City of Saint Paul, for
� � convenience of reference hereinafter referred to as the Purchasing
� Agent, shall be and he hereby is designated as the Purchasing
� - Agent for the County and Board or any department, bureau ox �
� agency of ei�her the County or the Board with respect to the �
�
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� purchasing or contractiag for all supplies, materials, equipment .i
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� and contractual services required by the County, Board, or any I
� department, .buresu or agency of such County or Board, and this 'I
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# shall lilcewise be the case where the County, Board, or City, or '
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• � departments, bureaus or agencies of any of them are represented
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� by the Purchasing Agent with refereace to joint purchases or
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� , contracts for supplies, materials, equipment or contractual
� services through any combination of such aforesaid City, County
� or Board units. The Purchasing Agent, when purchasing or �
contracting for supplies, materials, equipment or contractual
services for the City, County or Board or any department, �
� bureau or agency of aay of them or any combination of such units,
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� shall proceed pursuant to the Charter provisions o£ the City of
� Saint Paul pertaining to purchases or contracts or pursuanti
� to Chareer provisions as modified or superseded by State law,
;
and he shall in particular comply with the provisions of
� Chapter 643, Laws of Minnesota for 1959, Regular Session, as
amended by Chapter 546 of the Laws of Minnesota for 1961, Regular
Session, certain pertinent provisions being hereinafter set forth
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� and incorporated herein for convenience of reference and providing:
� "Section 1. Notwithstanding any provision of the
� Charter of the City of Saint Paul to the cantrary,
� all contracts and purchases of supplies of the
� City of Saint Paul are hereby divided into the
following classes:
(a) All purchases or con�racts under the
sum of $500 shall be made in such manner and
from such persons as the purchasing agent may
� deeermine,
(b) All contracts and purchases of $500
t and not to exceed $2000 shall be made upon such .
� in�ormal bids or proposals, noe less than t��o,
as the purchasing agent may procure or may be
� filed with him, and shall be awarded to the
� l�wsst responsi_ble bidder by the purchasing
` ageat. Naeice of such proposed purchases shall. ,
be posted in the office of the purchasing j
s agent for not less than one day. 4
1 (c) All purchases or con�racts in excess of
� the sum of $2000 shall be made only upon �ompetitive
� seaied bids an� after advertisemEnt therefor in the
s official newspaper for at least once a week for two j
� successive weeks. Such advertisement shall state
� the kind and quantity of articles desired and the
quality thereof either in fu21 or by reference to
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� • the standard specifications, the time and places
for the filing and opening of bids. All formal
� bids ahall be made on forms provided by the pur-
chasing agent, shall state the price, the quantity
and qu8lity of each article bid on, and shall be
sealed, but may be as to one or all of the articles
� named in the adverCisement and shall also be filed
at the time and place therein designated. All bids
? shall be publicly apened by the purchasing agent at
� the time and place named in the advertisement
' in Che presence of the mayor and the comptroller or
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� their representatives and such other persons as
may be present; in the case of school purchases,
� bids shall be opened in the presence of the
� comptroller and of the Board of Education or
their representatives.
�
� "Sec. 2. Subdivision 1. Notwithstanding any pro-
' vision of the Charter of the City of Saint Paul to
the contrary, the purchasing agent shall noe be
required to re�ect bids containing alterations
� or erasures unless such alterations or erasures
! destroy the legibility of the bid.
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� "Subd. 2. The purchasing agent shall not be re-
` quired to secure formal coatracts and performance
� bonds on all purchases of supplies where the total
' ` purchase does not exceed the sum of $2,000.
� �
, � 4. Payment for all supplies, materials, equipment and
� contractual services ordered through the Purchasing Agen� by tha
�
� County, City, Board or any department, bureau ox agency of any
� of them, or any combination of such units, shall be handled in
�
� the same manner as payments have heretofore been made by the
County, City, or Board or sub-units of any o£ them.
5. When joint formal contracts are to be let involving
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the County, City and Board, the sub units of any of them or any
combination thereof which neeessitate together with the contracta
� a joint bond, the originals thereof shall be filed caith the City
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� Comptrollex and duplicate originals or conformed or photostaCic
� copies of the contracts and bonds shall be filed with the appro- �
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• � priate county or Board offices. Where County or Board contracts
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� , ' are a�varded or combined CounCy and Board contracts are awarded,
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� such contracts shall be prepared and such bonds approved by the
; County Attorney and the originals of such contracts shall be
� filed with the County Auditor and the or:Iginals of such bonds
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filed with the County Treasurer, and duplicate copies or photo-
staCic copies sent to Che interested departments. Where contracts
- � are awarded where only the Board is involved as a unit of govern-
4
ment, such contracts and the bbnds required therewith shall be
� filed with the Secretaryr of the Board. Where City contracts are
� acaarded or where joint City-County or other joinC contracts are
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� awarded wherein the CiCy or its units are included, such contracts
� and bonds shall be prepared by C�e Corporation Counsel, and the
�
original contract and bond, in each instance, after execution shall
� be filed with the Comptroller and dupl�c ate copies or photostatic .
� copies thexeof sent to all interested departments or units. Execu-
� tion of contracC documents on behalf of the City, County or Board
units jointly or severally shall be by those officers now charged
� under law with responsibility �or executing contracrs pertaining to
� Cheir several units of government; with regard to joint contracts
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where County nslits are involved, the documents shall be executed
c
on behalf of the County by the Chairman or Vice-Chairman of Che
f Board of County Commissioners and atCested by the County Auditor;
�
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� joine contracts where Che Board is involved shall be executed on be-
� half of the Board by the Chairman or Vice-Chairman and Secretary, of
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� said Board; joint conCracts where City units are involved shall be
,
� executed in accordance with the provisions of the City Charter of
� the City of Saint Pau1.; with regard to conCracts in wh�.ch joinC City-
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� County governmental un3.ts are involved, such cor�tracts shall be
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' � � execut�d on behal� of each such goverrimental unit by those -
� officers of such unit now required by law to execute contractual
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� documents on behalf of such unit.
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� The County Attorney shall approve as to form and execution
� all contracts involving the County, Board or sub-units of either,
The Corporation Counsel shall approve as to form and execution
all contracts involving the City or units thereof. The County
� � Attorney and the Corporation Counsel shall prepare a form of
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� joint and several bonds, including bidders' bonds, which shall
� be so framed as to be applicable to an individual unit of govern- ,�
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� ment or any combination of units of governr�ent.
6. Where contracts for purchase of material or supplies
� are sou�ht involving amounts between $2,000 ar.d $5,000, the same
may be awarded on behalf of the City by a purchasing committee
'f consisting of the Mayor, Comptroller and Purchasing Agent or their
1 or as otherwise provided by laoi,
� designated representatives� on behalf of the County by a purchasi.ng
;
� committee consisting of the Chairman of the County Board, the
# County Auditor and the Purchasing Agene or their designated repre-
� sentatives, on behalf of the Board by a purchasing committee
� consisting of the Chairman of the Board, the Secretary of the
�
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� Board and the Purchasing Agent or their desig�ated representatives,
�
� and joint contracts involving City and County or Board units may
G I
� be awarded under a joint award by the aforesaid purchasing 'I
� �
� committees after bids have been tabulated by the Purchasing Agent
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� and submitted to the departments or units interested therein for
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� their advice. Award of any contract for purchases of materials �
� or supplies for $5,400 or mare or award o£ any construction or
a
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f ' public works contract shall be made by the purchasing committees
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� aforesaid and in the manner hereinbefore provided, but any such
� award shall not be complete and it shall have no effect to bind
�
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� the City, County or Board, or `any of them, unless and until
�
# approved by resolution of the governing bodies of the interested
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� governmental units.
� �
� 7. The Purchasing Agent is hereby authorized and directed
�
� to use City purchasing forms with reference to contracts or purct�ases
F
Econtemplated hereby, except Ghat such forms shall be adapted with
respect to language presently contained in such forms ao as to be
� applicable and appropriate to the Cit y, the Count� or Board or
�- sub-units of either, and shall likewise be modified by the
� Purchasing Agent whe.n combined or joint City, County or Board
2
� contracts or purchases are invo�ved. The Pux•chasing Agent, together
!
� with the County Attorney and the Corporation �ounsel, afte� consulCa-
� tion with the County Auditor and the City Com�traller, are hereby
� authorized, after the effective date of this agreement, to modify
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� and adapt City purchasing forms w�.th referenee Ca contracts or �
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� purchases con�Amplated hereby so as to effectuate desirable,
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� practical administrarive procedures contemplated by this Agreement,
�
� and with reference to such modificaCion or �daptation of forms as
I
hereinabove provided, it shall be unnecessary for th? Purchasingl
� Agent to obtain any furthex authority than in this paragraph con-,
� � tained from the parties to this agreemen�.
�
` 8. Whenever it becomes necessary fox the Purchasing Agent
� �
� to secure a waiver of competitive bidding procedures on behalf of
� the County, City or Board or any o� the sub-units of any of them;
k
� or c�ihenever an unusual purchasing or conCractual problem arises
� which the Purchasing Agent cannot resolve at the administrative
�
� level, then such matters shall be aub�nitted to the appropriate
�
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, governing body of the County, City or Board involved £or its
�ktt �
determination, or, if more than one governmental subdivision,
� County, City or Board, are involved, such matters shall be sub-
� mitted to the appropriate governing bodies for determination.
� With respect to any legal problem which may arise with
� . reference to purchases or contracts contemplated pursuanC to the
�
; provisions of this Agreement, the same shall be submitted to the
� County Attorney if the County or Board or a sub-unit of either is
� involved, to the Corporation Counsel where the City or one or
� more of its sub-units are involved, and �ointly to the County
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� Attorney and the Corporation Counsel where a combination of City
� and County or Board units are involved. �
� 9. The Purchasing Agent shall submit tn the County and
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� Board annually, on or about the 15th day of July of each year after
the execution of this agreement, a statement of expenditures by his
{ office chargeable against the County or Board or sub-uniCs of
� either, approved by the County Auditor and t�e City Camptroller,
and the County or Board shall thereupon reimSurse the City by
� payment through the Purchasing Agent ot such amounts as are due
` respectively from the Cnunty and Board.
� .
� 10. A permanent committee on standardization of purchases
�
for the City,� County and Board shall hereafter be .selected on an
� e ual basis of re resentatives of the Count ,CiC and the Board.
� q P Y Y �
� Members of such committee representing the County shall be appointed
� by resolution o� the Board of County Commissioners of Ramsey County;
� members representing the Board shall be appointed by resalution �
� of the Board of Couney Welfare of Ramsey County; and members roNr��
p ' -
� senting the City shall be appointed by resolution of the Council of
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� ' �the City of Saint Paul. • In addition to the oCher members of the
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� committee selected as hereinbe€ore provided, the Purchasing Agent
p shall ex-officio be a member of such cQmmittee and shall be
�•
� charged �oith the rights, pQwers and du,ties of other members of
� the committee. It shall be the duty of the committee selected
�
� to agree on single specifications for �11 items commonly used in
each of the governmental units in order that Cheir purchasing
� power may be combined.
t 11. It is the desire of the parties to this agreement
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� that no employee of any of Khe parties shall suffer any loss of
�
z salary, seniority, tenure or per�sion rights by virtue. of the
� purchasing program and procedures initiated p�}rsuant Co the pro-
� visions of this Agreement, and the parties he�eto indicate Cheir
� mutual desire to strive cooperatively so that no such employee ^
� shall be adversely affected as a xesult of the joint purchasing
�
� program contemplated hereby. �
� � 12. With respect to purchases or contraces in process
� prior to the time the Purchasing Agent of the City enters upon a
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� • purchasing program,entirely on behalf of such department, such
.� purchases and contracts shall be processed to finality pursuant
� to applicable law existent prior to execution of this Agreement.
,
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� No prov3.sion of this Agreement shall be construed as prohibiting
� or rendering void or ineffectual a contract or agreement entered
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j into prior to or after �he effective daCe o� this AgreemenC which
r
� has been or is processed pursuant to applicable law existent prior
� to the effective date of this Agreement.
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� ' 13. Agreements or contracts for professional services,
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� which shall include contracts or agreements for the supplying of
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services by attorneys, physicians, archieects, engineers,
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� : consuleants, or other individuals or organizations possessing a
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� high degree of technical skill, shall noC be included in the scope
� of this Agreement, and such contracts or agreements shall be �
�
� entered into pursuant to provisions of applicable law existent
prior to the etfective date of this Agreement. �
�
14. Within a reasonable time afCer the program contem-
plated by this Agreement is operative and as soon as it is deemed
€ practical by the governing bodies of the County, City and Board,
{
such bodies shall by concurring resolutinns provide tor the
establishment of a central office supply stock room. The method
for providing funds for the procuremenC and opera�ion of such
; central office supply stock room shall be incorporated in the
i
� provisions ofythe aforesaid concurring resolutions, and upon adoption
by the governing bodies of the County, City and Board shall become
operative as a part of the program provided for under this Agreement.
� IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the date and year first above wriGten.
� COUNTY OF RAMSEY (by . . . .
COUNTY [,TELFARE BOARD
BOARD OF WATER COMMISSIONERS
� BOARD OF EDUCATION
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• JOINT DETENTION AND CORRECTIONS AU�HORITY
JOINT COURT HOUSE AND CITY HALL COMMITTEE
. E CITY OF SAII�T PAUL
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