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09-1387CITY Council File # �� Green Sheet # 3090436 RESOLUTION SAINT�PAUL, MINNESOTA � Presented by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, Mianesota Statute §471.59 authorizes govemmental enrities to jointly exercise �ovemmental powers and functions; and WIIEREAS, the City of Saint Paul wishes to take advantage of the National Inter�overnmental Purchasing Alliance Company favorabte Contract pricin�; and WHEREAS, such an a�eement will achieve operating efficiencies and will secure exffemely favorable prices and conditions; and WHEREAS, such intergovemmental agreements must be first authorized by the governing bodies of the participating entities; now therefore, be it RESOLVED, THAT THE Saint Paul City Council hereby authorizes the proper City authorities to enter into the attached Joint Powers Agreement with the National Intergovemmental Purchasing Alliance Company for the purpose of allowing the National Intexgovernmental Purchasing Alliance Company to allow the Ciry to use Contracts produced by other municipaliries that ue also parmers of the National Intergovernmenta] Purchasing Alliance Company Yeas Nays Absent sosuom Carter ,/ Hanis Helgen � Lantry Stark Thune ,/ Adopted by Council: Date �' ��(f �/ Adoption Certified by C cil Secretary BY= l / / �1 <ns� Appr ve y Nf r: Date t(p B Re uested b De artment of HREEO ��n�� — Form App e HREEO Director BY (�.�V-�O�I Form Approved�by Ciry Attorney� / ,l By: �� h' � l J Form ove , by M for Sub is B Form Approved by Finance Director By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet f?�i -( �C'1 � �epartrnenUOfficelCouncil: Date 6�Hiated: � � v � PU _HREEO-Contrad&Malysis 03DEC2009 Green Sheet NO: 3090436 Services Contad Person & Phone: �ePartrnent Sent To Person InitiaVDate MARKEVANGELIST y 0� O-Contract&AnalvsisSe� 280CHMARK 68915 1 EO - Cooe��t & aoah�s�s Se� zso ca Luz ��9^ 2 Crtv Attornev 400 CH GINGER Musf Be on Council Agenda by (Date): Number 3 IavoCS Office 390 CH MAYOR For � Routing M1 onnc�7 { 310CfI Uoa Type: �SOLUTION Order 5 Gtv Clerk I C' Cierk E-0ocume'rt Required: Y Documerrt Contad: � Coniact Phone: Total # of Signature Pages_ (Clip AII Lowtions for Signature) Action Requested: PASS RESOLUTIONS AUTHORIZING APPROPRIA'�E CITY OFFICALS TO EXECUTE JOINT POWERS AGREEMENT WITH NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY FOR PURCHASING Recommendallons: Approve (A) or Reject (R): personal Service Contrects Must Answer the Following Questions: Planning Commission �. Has this person/firm ever worked under a contract forthis department? CIB Committee ' Yes No Civii Service Commission 2. Has fhis person/5rm ever been a city employee? Yes No _ _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheeL Initiating Prablem, �sues, Opportunity (Who, What, When, Where, Why)- TO REAP THE BENEFITS OF BUYING IN LARGER QUANTITIES, FOR GOODS AND SERVICES Advantages If Approved: THIS WILL ALLOW POOLING OF REQIJIREMENTS TO ACHIEVE STANDARDIZATION AND BETTER PRICING. Disadvantages NApproved: NONE Disadvantages It Not Approved: , IF NOT APPROVED THE CITY WILL NOT BE ABLE TO RECEIVE FAVORABLE PRICING. e -• - ,-. . � .._ � Total Amount of �� ' Transaction: CosURevenue Budgeted: Funding Source: Activity Number: �� L� ,�� Financiai lnformation: �'`, � ' � (E�lain) . �z� � � �� December 3, 2009 11_52 AM Page 1 b�-13g� 30INT POWERS AGREEMENT Setween the City of Saint Paut and NaYional Intergovernmentat Purchasing Alliance Company THIS AGREEMENT, is made and entered into this 2 day of June, 2009 by and between the City of Saint Paul (Ramsey County, Miunesota) hereinafter refened to as "the City" and, National Intergavemmentai Purchasing Alliance Company (Williamsoa County, Tennessee}, whose address is 1600 Westgate Circle, Suite 275, Brentwood, TN. 37027, hereina$er referred to as "NIPA." WFIEREAS, the City of Saint Paul and IVIPA, pursuant to the provisions of Minnesota Statute 471.59 aze authorized to enter into an agreement to exercise jointty the governmental powers and functions each has individually; and WIIEREAS, the City's Division of Contracts and Analysis Services is anthorized to provide purchasing, contracting, surplus disposal, and other services to achieve maYimum operating efficiencies and to secure more favorable prices and conditions; and WH�RI:AS, The City of Saint Paul wishes to take advaz�ta�e of Yhese benefits of fhe contracts; NOW, THEREFORE �T IS HEREBY AGREED, by and between the parties hereto as follows: 1. Tha City of Saint Paui shall haue the use of ail of NIPA Contracts in accordance with applicable Statutes and policies. 2. As agreed upon with NIPA, The City of Saint Paul will have the availability of using N1PA's favorabte discount pric'sng 3. NIPA does not assume any respansibiliry for the accouutability of fiznds cxpcnded by The City of Saint Paul. 4_ Indemnification_ Nothing in this Agreement sha11 constitute a waiver of the rights, privileges and benefits that each garty is entitled fo under Minnesota Statutes. Each party agrees tfiat it will be responsible for its own acts and(or omiss�ons and those of its officials, employees, representatives, and agen#s in carrying out the terms of tfiis Agreement and the results thereof to the extent authorized by law and shall aot be responsible for the acts and/or omissions of the other pariy and the resuits thereof. � � � � �� The liabitity and the monetary limits of liability of the parties, their officials, employees, representarives, and agents shall be governed by the provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. and ather applicable law. 5. Either party to this Agreement may terminate the Agreement with or without cause upon tlurty (30) days prior written notice to the other parfy. 6. Neither party to this Agreemenf shaIl assign, delegate or transfer any rights or obligations under this Agreement without prior written consent from the other party. 7. Any amendment or modificazion to this Agreement shall be in writing and shall not be effective until executed by atl pazties to this Agreement 8. This Agreement contains the entire Agreement beriveen the parties with regards to the matters set forth herein. IN WITNESS WHEREOF, the City of Saint Paul and National Intergovernmental Purchasing Alliance Company have executed this agreement the day and yeaz firsf above-written. CITY OF SAIIYT PAUL Approved as to form: Assistant City Attomey Mayor �1�71 p ved as to for "�„ , �z.___� /��? �'h�-�h�-- r Direetor, O�ce of Financial Services