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09-588Amended 6(03/09 CITY Presented by AUL, MINNESOTA // 1 2 3 4 5 6 7 $ 9 10 il 12 13 14 15 16 VJHEREAS, Minnesota Statute §47159 authorizes governmenta] entities to joinfly exercise �ovemmenral powers and functions; and 192 WHEitEAS, the Farmington School District #tk97 wishes to take advantage of the Ciry of Saint PauPs Divlsion of Contract and Analysis Sercices purchasing, contracring and surplus disposal services; and WHEREAS, such an agreement will achieve operating efficiencies and will secure more favorable pnces and cond�tions; and V✓FIEREAS, such intergovemmental agreements must be first authorized by the governmg bodies of the participating enrities; now therefore, be it RESOLVED, THAT THE Saint Paut City council hereby authonzes the pxopex city authorities to en[er into the attaohed Joinf Poweis Agceement with t2�e Farmington School DisIIict #193fox the pwpose of allowing Fazmington Scbool Distnct to utilize the purchasing, contracting and surplus disposal sen�ices of the Ciry's D'avision of contract and Anatysis Services. Requested by Departrnentof Adoption Certified by Counci] Secretary BY� ' _S .> App ov y ayor.� Date �O � C} By �k�C Council File # � I ' �� � Green Sheet # 307Q406 RESOLUTION BY. �_ ��, �' V � l � * '''�` ' 6 '' °� _� � � Form Approve� by Ciry Atto ey � BY� �Z/ � �.u-i'�'� Form Ap ed b Ma or for Sub � ion t ouncil By: �� Adopted by Council: Date �O//�3 f�Gj � Green Sheet Green Sheet �9 s�1 Green Sheet Green Sheet Green Sheet Green Sheet � ! DepartmenVOfficefCouncil: : Date initiated: ' ;� P � _HREEO-Contract&Malysis ; ��MqY-09 ' Green Sheet NO: 3070406 Sernces ' Conhcf Peeson & Phone; ' � Deoartment Sent To Person Initiai/Date � ' MARK EVANGELIST 0 HREEO - Contract & Ana�vsis Se��: 280 CFi N7nRK . 68915 ' � 1 fIREEO - Con4aM & Aoahsis Se' i Department Director � � , Assign � 2 'City Attornev 400 CfI Ginger � 4 Must Be on Council Agenda by (Date): '� Number � 3 Mavor's Office MavorlASSistant � ] For ��' � � Routing A Council i�� 31� , � Doa Type: RESOLUTI ON I Order �i 5 Citv Clerk 1 � CSty Cierk i V E-DocumentRequired: Y Document Contact: Contact Phone: Total # of Signature Pages _(Ciip All Locations for Signature) PASS RESOLUTION AUTHORIZING APPROPffiATE CITY OFPICALS TO EXfiCUTE 70INT POWERS AGREEMENT WITH THE FARMINGTON SCHOOL DiSTRICT #192 FOR PURCHASING. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee __ _ Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this persoNfirm ever worked under a conirect for this departmenYt Yes No 2. Has this personlFlrm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Ecplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportu�ity (Who, What, When, Where, Why): TO REAP THE BENEFITS OF BUYING IN LARGER QUANTITIES. OFFICIALS FROM THE FARMINGTON SCAOOL DISTRICT #192 AAVE ASKED FOR THIS AGREEMENT SO THAT TAEY MAY MAKE USE OF VARIOUS CITY CONTRACT FOR GOODS AND SERVICES Advantages If Approved: THIS WILL ALLOW POOLING OF REQUIREMENTS TO ACHIEVE STANDARDIZATION AND BETTER PRICING. Disadvantages lf Approved: NONE Disadvantages If Not Approved: IF NOT APPROVED THEY WILL NOT BE ABLE TO USE OUR CONTRACTS AND WE WILL NOT BE ABLE TO USE TAEIRS. Total Amount of Transaction: Funding Source: financial lnformation: (Explain) CosURevenue Butlgeted: Activity Number: June 5, 2009 2:38 PM Page 1 JOINT POVYERS AGREEMENT � r� _S�Q� Setween the City of Saint Paui and Farmington SchQOI District #� / 4�- THIS AGREEMENT, is made and entered into this 13 day of May, 2009 by and between the City of Saint Paul (Ramsey County, Minnesota) hereinafter refezred to as "the City" and the Fazmin�ton School District #�(Dakota County, Minnesota), whose address is 421 Walnut Street, r4a hereinafter referred to as "Farmington School District." WHEREAS, the City of Saint Paul and Fannington School District, pursuant to the provisions of Minnesota Statute 471.59 aze authorized to enter into an agreement to exercise jointly the govemmental powers ar�d functions each has individually; and WHEREAS, the City's Division of Contract and Analysis Services is authorized to provide purchasing, contracting, sutplus disposal, and other services to other local governments to achieve operating efficiencies and to secure more favorable prices and conditions; and WHEREAS, the Fazmington School District wishes to take advantage of these benefits and services; NOW THEREFORE TT 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 Farmington School District as requested by Farrnington Schoo] D'astrict in accordance with. applicable Statutes and policies. 2. As agreed upon with the Farmington School District, the Division of Contract and Analysis Services may make purchases or establish other contracts jointly with the City or make purchases for Farmington Schoo] District alone in the performance of the requested services. Regardless of the method selected, the City and Farmington School District shaA each make payment directly to any vendors or contractors according to established procedures and shall enter into its own contract or agreement with the vendor ay -�� 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. Nothin� in this Agreement shall constitute a waiver of the rights, privileges and benefits that each party is entit]ed to under Minnesota Statutes. Each party a�ees that it wili be zesponsible for its own acts and/or omissions and those of its officials, employees, representatives, and agents in carrying out the terms of this Ag,� and the results thereof to the extent authorized by iaw and shall not be responsible for the acts andlor omissions of the other party and the results thereof. The liabiliry and the monetary limits af liability of the parties, their officials, employees, zepresentatives, and agents shall be govemed by the provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. and other applicable law. 5. As mutually agreed upon, Parmington Schooi District will compensate Che City for actual costs incurred in the provision of the services described herein to the District. 6. Either party to this Agreement may terminate the Agreement with or wiihout cause upon thirty (30} days prior written notice to the other party. 7. Neither party to this Agreement shall assign, delegate or transfer any rights or obligations under this Agreement without prior written consent from the other pariy. 8. Any amendment or modification to this Agreement shall be in writing and shali 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 mattezs set forth herein. 6y-��� IN WPI'NESS WHEREOF, the City of Saint Paul and the Farmington School Distict #�-have i�a executed this agreement the day and year first above-written. CIT`Y OF SAINT PAUL Approved as ro form: Assistant C3ty Attomey Mayor FARIYIINGTON SCHOOL DISTRICT #197 Approved as to form: Board Chair Superintendent Director, Office of Financial Services