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09-509Council File #�� � Green Sheet # .3Q �'�J /(�, d RESOLUTION OF PAUL, MINNESOTA Presented by /3 t WIIEREAS, Minnesota Statute §471.59 authorizes govemmental entities to jointly exercise governmental 2 powers and functions; and 4 WHEREAS, the Metropolitan Airports Commission wishes to take advantage of the City of Saint s Paul's Division of Contract and Analysis Services purchasing, contracting and surplus disposal services; 6 and 8 WHEREAS, such an agreement will achieve operating efficiencies and will secure more favorable 9 prices and conditions; and lo i i WHEREAS, such intergovernmental agreements must be first authorized by the goveming bodies tz of the participating entities; now, therefore, be it 13 14 RESOLVED, that the Saint Paul City Council hereby authorizes the proper city authorities to enter 15 into the attached Joint Powers Agreement with the Metropolitan Airpor[s Commission for the purpose of 16 allowing MAC to utilize the purchasing, contracting and surplus disposal services of tbe City's Division of 17 Contract and Analysis Services. Yeas Nays Absent Bostrom ` carter ,i Harris ` Helgen ✓ Lantry st�k �n�,e ,� S !1 Adopted by CounciC Date S�/3 �l/�' Adoption Cert�ified�by Counc'1 Secretary BY� � !/ � /��i1i./�,'rv-.�.� Approved by ay l ate B y : -�_ ., + Requested by Department oE �1� E�G� By: Approved by the Office of Financial Services B N Approved by City Attorney B "/� ' � Approve�l a r r ubm' s' C nci By: � � Green Sheet Green Shee# Greert Sfieet Green Sheet Green Sheet Gresn Sheet _�i�J �� Departmentl�celCouncil: Date lnitiated: V 1 %✓ / FS —FinancialServices 01-MAY-09 Green Sheet NO: 3070101 CoMact Person & Phone: DeDaRment Sent To Person InitiallDate MARKEVANGELIST N fl �- 1��396C�wC�H — I 68915 1 �•.;--=-,.°_.� � I �eva�aeeEBi�eeter I Assign 2 itv Attornev ^ I � 400 CH GINGER I Must Be on Council Agenda by (Dafe); � Number 3 avor's Office �l MavorlAss"staut I For Routing 4 o�o�i � COWi CII. I 'Uoc. Type: RESOIIfTION Order 5 itv C1erk Criv Clerk E-Document Required: Y - Doevment CoMact: ContaM Phone: Total # of 5ignature Pages _(Clip All Locations for Signature) Action Requested: PASS RESOLUTION AUTHORIZING APPROPRIATE CITY OFFICALS TO EXECUTE JOINT POWERS AGREEMENT WITH THE MEIROPOLITAN AIRPORTS COMMISSION FOR PURCHASING. Recommendations: Approve (A) or Reject (R): Personal Service Contrads Must Answer the Following Huestions: Planning Commission 1. Has this person/firtn ever worked under a wntrad for this department? CIB Committee Yes No Civil Service Commission 2. Ftas this person/firm ever been a city employee� Yes No � 3. Does this personffirm possess a skili not nortnally possessed by any curzent aty employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. tnitiating Problem, lssues, Opportunity (Ntfio, What, When, Wfiere, Why}: TO REAP THE BENEFITS OF BUYING IN LARGER QUANTITIES. OFFICIALS FROM THE METROPOLITAN AIRI�ORTS COMMISSION HAVE ASKED FOR THIS AGREEMENT SO THAT THEY MAY MAKE USE OF VARIOUS CITY CONTRACT FOR GOODS AND SERVICES. Advanqges lf Approved: ADVANTAGE THIS WIL.L ALLOW POOLING OF REQUIILEMENTS TO ACHIEVE STANDARDIZATION AND BETTER PRICING. Disadvantages If Approved: NONE Disadvantages If Not Approved; IF NOT APPROVED THEY WII.L NOT B E ABLE TO USE OUR CONTRACTS AND WE WILL NOT BE ABLE TO USE THEIILS Totai Amount of CasURevenue Bud eted: T2nsaction: 9 Funding Source: � .�.ctivity Number: Financial infiormation: � (EZplain) May 1, 2009 12:22 PM Page'1 70INT POWERS AGREEMENT Between the City of Saint Paul and 6C�—�Q 9 the Metropolitan Airports Commission. THIS AGREEMENT, is made and entered into this 27th date of April_ 2009 by and between the City of Saint Paul (Ramsey County, NIinnesota) hereinafter referred to 'as "the City" and the Metropolitan Airports Commission (Hennepin County, Minnesota), whose address is 6040 28` Avenue South, Minneapolis, Mn. 55450, hereinafter referred to as MAC." WHEREAS, the City of Saint Paul and MAC pursuant to the provisions of Minnesota Statute 471.59 are authorized to enter into an agreement to exercisejointly the governmental powers and functions each has individually; and WHEREAS, the City's Division of Contract and Analysis Services is authorized to provide purchasing, contracting, surplus disposal, and other services to other local governments to achieve operating efficiencies and to secure more favorable prices and conditions; and WHEREAS, MAC wishes to take advantage of these benefits and services; NOW, THEREFORE IT IS HEREBY AGREED, by and between the parties hereto as follows: 1. The City of Saint Paul, through its Division of Contract and Analysis Services, pursuant to procedures set forth in the Saint Paul City Charter and applicable State Statutes, shall provide purchasing, contracting, and other services offered by the Division to MAC as requested by Brad Johnson Purchasing Manager of MAC in accordance with, applicable Statutes and policies. 2. As agreed upon with Susan Feuerherm, the Division of Contract and Analysis Services may make purchases or establish other contracts jointly with the City or make purchases for MAC alone in the performance of the requested services. Regardless of the method selected, the City and MAC shall each make payment directly to any vendors or Q y-(��� contractors accordin� to established procedures and shall enter into its own contract or agreement with the vendor. 3. Neither party shall assume any responsibility for the accountability of funds expended by the other or the issuance of a purchase order or contract by the other party. 4. Indemnification. Nothing in this Agreement shall constitute a waiver of the rights, privileges and benefits that each party is enhtled to under Minnesota Statutes. Each Party agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives, and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. The liability and the monetary limits of liability of the parties, their officials, employees, representatives, and agents shall be governed by the provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. and other applicable law. 5. As mutually agreed upon, MAC will compensate the City for actua] costs incurred in the provision of the services described herein to MAC. 6. Either party to this Agreement may terminate the Agreement with or without cause upon thirty (30) days prior written notice to the other party. 7. Neither party to this Agreement shall assib , delegate or transfer any rights pr obligations under this Agreement without prior written consent from the other party. 8. Any amendment or modification to this Agreement shall be in writing and shall not be effective until executed by all parties to this Agreement. 9. This Agreement contains the entire Agreement between the parties with regards to the matters set forth herein. li�I WIT�IESS WHEREOF, the City of Saint Paul and the Metropolitan Airports ��� Commission have executed this agreement the day and year first above-written. CITY OF SAINT PAUL METROPOLITAN AIRPORTS CONLMISSION Approved: Approved: � Assistant City Attorney Christopher B.Coleman, Mayor Director, Office of Financial Services JOINT POWERS AGREEMENT /� BETWEEN THE � / "�� City of St. Paul, and Metropolitan Airports Commission TH1S AGREEMENT, is made and entered into this 1st day of April, 2009, by and between the City of St. Paul {Ramsey County, Minnesota), hereinafter referred to as "St. Paui" and the and the MeVOpolitan Airports Commission, (Minnesota), hereinafter referred to as "MAC". WHEREAS, the above, pursuant to the provisions of Minnesota Statute 471.59 (1996), has authorized Politicai Subdivisions of the State to enter into agreements to exercise jointly the governmental powers and functions each has individually, and WHEREAS, St. Paul, and MAC, wish to combine their purchasing functions as specifically provided below so that the State Political Subdivisions may both avail themselves of the prices which have been agreed upon. NOW THEREFORE, in consideration goods and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, St. Paul, and MAC agree to make available the commodities and services contracted for at the prices and terms as are available to them, under said contracts entered into under competitive bidding, standard agreement forms or request for proposals. IT !S AGREED, that is St. Paul, or MAC chooses to buy any contracted commodities or services using the contracts prepared by one of them, each will issue purchase orders in accordance with the terms of the relevant contract and the requirements applicable to contracts and purchases of their own governing body. INDEMNIFICATION: Nothing in this Agreement shaff constitute a waiver of the rights, privileges arid benefits that each pariy is entitled to under Minnesota Statutes. Each party agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives, and agents in carry out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. The liability and the monetary limits of liability of the parties, their officials, employees, representatives, and agents shall be governed by the provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. and other applicable law. The parties agree to indemnify, save and hold harmless each other from any loss, damage or expense, including payment of attorney fees allowable by law, which arise or may arise from this agreement and from any dispute or claim arising from any transaction between the other parties and its selected vendors whether or not the loss, damage, dispute or Gaim arises during or after this contract period. IT IS FURTHER AGREED, that this agreement will be automaticaily renewed on an annual basis until terminated by either party. Each party agrees that is will be responsible for its own acts a�d the results thereof, to the extent authorized by law, and shall not be responsibie for the acts of the other party(s) and the results thereof. In particular, each party shall be responsible for any obligations as a result of purchase orders issued by it. CITY OF ST. PAUL � TITLE: METROPOLITAN AIRPORTS COMMISSION By: �.c,..�-�.e- A • � �9-�-�p TITLE: �c���l+as���� Manc�c��r DATE: DATE: �r 6 110 JOINT POWERS AGREEMENT BETWEEN T4iE /1(i ��� City of St. Paui, and Metropolitan Airports Commission �� THIS AGREEMENT, is made and entered into this 1 st day of April, 2009, by and between the City of St. Paul (Ramsey County, Minr.esota), hereinafter reterred to as "St. Paui" and the and the Metropolitan Airports Commission, (Minnesota), hereinafter referred to as °MAC°. W HEREAS, the above, pursuant to the provisions of Minnesota Statute 471.59 (1996), has authorized Political Subdivisions of the State to enter into agreements to exercise �ointly the governmental powers and functions each has individually, and WHEREAS, St. Paul, and MAC, wish to combine their purchasing functions as specifically provided below so that the State Political Subdivisions may both avail themselves of the prices which have been agreed upon. NOW THEREFORE, in consideration goods and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, St. Paul, and MAC agree to make�vailable the commodities and services contracted for at the prices and terms as are available to them, under said contracts entered into under competitive bidding, standard agreement forms or request for proposals. IT IS AGREED, that is St. Paul, or MAC chooses to buy any contracted commodities or services using the contracts prepared by one of them, each will issue purchase orders in accordance with the terms of the relevant contract and the requirements applicable to contracts and purchases of their own governing body. INDEMNIFICATION: Nothing in this Agreement shall constitute a waiver of the rights, privileges and benefits that each party is entitled to under Minnesota Statutes. Each party agrees that it will be responsible for its own acts and/or omissions and those of its officiafs, empfoyees, representatives, and agents in carry out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. The liability and the monetary limits of liability of the parties, their officials, employees, representatives, and agents shall be governed by the provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. and other applicable law. The parties agree to indemnify, save and hold harmless each other from any loss, damage or expense, including payment of attorney fees allowable by law, which arise or may arise from this agreement and from any dispute or claim arising from any transaction between the other parties and its selected vendors whether or not the loss, damage, dispute or claim arises during or after this contract period. IT IS FURTHER AGREED, that this agreement will be automatically renewed on an annual basis until terminated by either party. Each party agrees that is will be responsible for its own acts and the results thereof, to the extent authorized by law, and shail not be responsible for the acts of the other party(s) and the results thereof. In particular, each party shall be responsible for any obligations as a result of purchase orders issued by it. CITY OF ST. PAUL � TITLE: METROPOLITAN AIRPORTS COMMISSION By: Y�J.c.cwe' A . — ,.�2�.+r-....m TITLE: �v�G�as,'Ha Ma�ar.�v ,-- DATE: DATE: �