09-686Susaension 6/24/09
Council File # 09�i86
Green Sheet # 3070560
RESOLUTION
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MINNESOTA
WHEREAS, the Wayzata Independent School Dis�ict #284 wishes to take advantage of the Ciry of Saini PauPs
Division of Contract and Analysis Services purchasing, contracring and sucplus disposal services; and
WIiEREAS, such an ageement will achieve operating efficiencies and will secure extremely favorable prices and
condirions;and
WHEREAS, such intergovemmental agreements must be first authorized by the goveming bodies of the participating
entities; now therefore, be it
RESOLVED, THAT THE Saint Paul City council hereby authorizes the proper city authonties to enter into ihe
attached Joint Powers Agreement with the Wayzata Independent School Dish'ict #284 for the purpose of allowing the Wayzata
Independent School District #284 to utilize the purchasing contracting and surplus disposal services of the City's Division of
contract and Analysis Services.
Bostrom
Carter
Harris
Stark
T'hune
Adopted by Council: Date
Yeas
Absent Requested by Department of: HREEO
Adoption C�ert by Co icil Secretary
BY� / � f/�i./ �7�s
Approved by Ma or: Date � ��S f'j� `�j
— r �—�
By: ] n,n� a t �� �r _
Form Approved by HREEO Director
By: ! 7.1.i`�4�.�a
Form Approvec� by City Atto�neq"
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By: `=���L/,I�nd ^ , '-r��
Form ppr ed b Ma for Su 's ' n to C� _\
By:
Form A roved b Finance D' ector
By:
WHEREAS, Minnesota Statute §471.59 authorizes governmental entiries to jointly exercise govem=nental powers and
functions; and
Green Shee# Green Sheet Gresn Sheet Green Sheet Green Sheet Green�f5� �
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DepartmentlpfficelCounal: ( Date Initiated: �
PU _HREEO-ContractBMalysis ,g�„Y-0s Green Sheet NO: 3070560
Services �
Cantaa Person & Phone: I Departmeni Sent To Person InitiallDate
MARFC EVANGELIST i N 0' EO - Coutract & Anal�sis Sei z80 CFI MARK
68915 1 . �;.�� ��J�
''�'�� Z rtv Atiomev � 400 CH GL`IGER v-
Must Be on Councii Agenda by {Date): ! Numher 3 man�ial Seri�es � �O(1 CH
i For
Routing 4 vor's OfSce i 390 CH
Doa Type: RESOLLITION i Order 5 ouncil i 310 CH
% 6 Citv Cleric i 310 C�"1 t° O� j1�11
5 a
E-0ocument Required: Y -
• m9e'd�6 a �w
Documelrt Contacf:
Contact Phone:
JLN � � �Oa9
Total # of Signature Pages _(Ciip All Locations fior Signature)
Action Requested: .
PASS RESOLU'TION AUTHORIZING APPROPRIATE CTTY OFFICALS TO EXECUTE JOINT POWERS AGREEMEN'I' WITH
THE WAYZATA IDS #284 FOR PURCHASING
Recommendations: Approve (A) or Reject (R)� Personal Service Contracis Must Answer the Following Questions:
Planning Commission �. Has this person/firzn everworked under a contract For this deparhnent?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirtn ever been a city employee?
Yes No
3. �oes this person/firm possess a skill not nortnally possessed by any
current city empioyee�
Yes Na
Explain ail yes answers on separate sheet and attach to green sheet.
Ini;iating Problem, Issues, Opportunity (Who, What, When, Where, Why):
TO REAP THE BENEFITS OF BI.JYING IN LARGER QUANTITIES. OFFICALS FROM THE WAYZATA SCHOOL DISTRICT
#284 HAVE ASKED FOR THIS AGREEMENT SO THAT THEY MAY MAKE USE OF VARIOUS CITY CONTRACTS FOR
GOODS AND SERVICES.
Advaniages H Approved:
THIS WILL ALLOW POOLING OF REQUIl2EMENTS TO ACHIEVE STANDARDIZATION P,AID BETTER PRICING
DisadvanWges If Approved:
NONE
Disadvanqges If Not Approved:
ff NOT APPROVED Tf�Y WILL NOT BE ABLE TO USE OUR CONTRACTS AND WE WII,L NOT BE ABLE TO USE
Tf�EIIZS.
Total Amount of CosNRevenue Bud eted:
Trensaction: 9
Funding Source: Activity Numher. ����'���
Financiai I�ormation: ��������
{Explain)
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JOINT POWERS AGREEMENT
Between the City of Saint Paul and
Wayzata Independent School District # 284
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 referred to as "the City" and the
VJayzata Independent Schoof District # 284 (Hennepin County, MinnesoTa}, whose address is 2I0
County Road 101 North, P.O. Box 660, Wayzata Mn. 55391, hereinafter referred to as "Wayzata
School District."
WHEREAS, the City of Saint Paul and Wayzata School District, pursuant to the provisions of
Minnesota Statute 471.59 are authorized to enter into an agreement to exercise jointly the governmetttal
powers and functions each has individua!!y; and
WHEREAS, the City's Division of Contract and Analysis Services is authorized to provide
purchasing, contracting, surplus disposal, and other services to other loca! govemments to achieve
operating efficiencies and to secure more favorable prices and conditionr, and
WHEREAS, the Wayzata School District wishes to take advantage of these benefits and services;
NOW, THEREFORE IT IS HEREBY AGREED, by and between the parties hereto as foflows:
1. The City of Saint Paut, through its Division of Contract and Analysis Services, pursuant
to procedures set forth in the Saint Paul City Charter and applicable State Statutes, shail provide
purchasing, contracting, and other services offered by the Division to Wayzata School District
as requested by Wayzata School District in accordance with. applicable Statufes and policies.
2. As agreed upon with the Wayzata School District, the Division of Contract and Analysis Services
may make purchases or establish other contracts jointly with the City or make purchases for
Wayzata School District alone in the performance of the requested services_ Regardless of the
method se(ected, the Ciry and Wayzata School District shal( each make payment directly to any
vendors or conYractors according to established procedures and shall enter into its own coniract or
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agreemert 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 parry.
4. Indemnification. Nothing in this Agreement shall constitute a waiver of the rights, privile�es and
benefits that each party is entitled to under Minnesota Statutes. Each party a�rees that it will be
responsible for its own acts andlor omissions and those of its officia3s, employees, representatives,
and agents in carrying out the terms of this Agreement and the results thereof to the extettt 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 ofthe parties, their officials, employees,
representatives, and agents shall be governed by the provision of the Minnesota Torts Ctaims Act,
Minnesota Statutes Chapter 466, et seq. and other applicable law.
5. As mutual(y agreed upon, Wayzata School District will compensate the 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 without cause upon thirty
(30) days prior written notice to the other party.
7. Neither party to this Agreement shall assign, delegate or transfer any rights or obligations under this
Agreement without prior written consent from the other party.
8. Atty amendment or modification to this Agreement shalt be in writing and shal! not be effective until
executed by a(1 parties to this Agreement.
9. This Agreement contains the entire Agreement between the par[ies with regards to the matters set
foRh herein.
dtS`•-L�i;
IN WITNESS WHEREOF, the City of Saint Paul and the Wayzata School District � 284 have
executed ihis ageement the day and year first above-written.
CITY OF SAINT PAUL
Approvecl as to form:
AssisFant CiTy Attomey
WAYZATA SCHOOL DISTRICT # 284
.4pproved as to form:
� �.
Ex tive Director
Mayor
James R. Westrum
Executive Director
Finance and Business
Director, Office of Financial Services
9 � Q-?;�b
JOINT PURCHASING AGREEMENT
THIS AGREEMENT, is made and entered into by and between Wayzata ISD #284 and City
of St. Paul pursuant to the provisions of Minnesota Statutes 471.59, as amended, which authorizes
political subdivisions to enter into an agreement to exercise jointly the governmental powers and
funcrions each has individually; and
WHEREAS, Wayzata ISD #284 and City of St. Paul desire to combine their purchasing
powers in order to secure the most favorable terms and condirions on the purchase of equipment,
materials, services and supplies;
THEREFORE, in instances where the parties agree it would be mutually advantageous, it is
hereby agreed, by and between the parties hereto as follows:
1. When authorized and requested by City of St. Paul, Wayzata ISD #284, through their
purchasing department, shall:
a) make joint purchases for Wayzata ISD #284 and City of St. Paul, or
b) permit City of St. Paul to make purchases under Wayzata ISD #284 contracts, for
equipment, materials, services and supplies.
2. When authorized and requested by Wayzata ISD #284, City of St. Paul, through their
purchasing department shall:
a) make joint purchases for City of St. Paul and Wayzata ISD #284, or
b) permit Wayzata ISD #284 to make purchases using City of St. Paul contracts, for
equipment, materials, services and supplies.
3. This agreement applies to all purchases where the parties have mutually agreed to exercise
this right, made through a competirive bidding process where award is made to the lowest
responsible bidder.
4. When making a joint purchase, Wayzata ISD #284 and City of St. Paul shall first consult to
ensure that requirements of both jurisdictions and the specifications for the equipment,
materials, services and supplies that meet the needs of each, are included.
__ 5. After bids or other solicitations for joint purchases have been received by the designated
purchasing department and a contract awarded to the lowest responsibie bidder by the
issuing party, each party to this agreement shall execute its own purchasing document with
the contract vendor.
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If purchases are made by one party under an existing contract of the other party, each party
to this agreement shall execute its own purchasing document with the vendor.
Each party shall make payment directly to the contract vendor according to the established
procedures of the paying party.
Each party shall be seQarately accountable for its own expenditures of public funds made
hereunder.
Neither party shall assume any responsibility for the accountability of funds expeuded by the
other of the issuance of a purchase document by the other party.
As mutually agreed upon, the parties may share the costs associated with the shared bidding
process.
This agreement shall be in effect until rescinded by either party.
This agreement includes the additional terms on Addendum A.
IN WITNESS WHEREOF, Wayzata ISD #284 and City of St. Paul have executed this
agreement to be signed and approved by the proper officers of each of the contracting
parties, on the dates written below.
(Signature) (Signature)
By: V James Westrum
�
Title: Executive Director Title:
Finance & Business Services
Wayzata ISD #284
City of St. Paul
Date: _ ��/glDCj Date:
09-6��
ADDENDUM "A"
JOINT PURCHASING AGREEMENT
WAYZATA INDEPENDENT SCHOOL DISTRICT #284
1. Each party agrees to pay for its own purchase orders in a timely manner. '' `
Neither party shail be deemed an agent, partner or joint venturer of the other
party. Neither party shall have liability for the purchase order of the other
party or any other party utilizing the procurement contract. Each party agrees
to indemnify, defend and hold harmless the other party from claims for
payment of the indemnifying party's purchase orders, including without
limitation any interest, penalties, late charges or attomey's fees accruing with
respect to such purchase orders.
2. When making a joint purchase, all joint purchase orders shall provide that
each of the parties shall be separately invoiced for its portion of the order and
shall only be liable for its portion of the order.
Independent School District 284
a �6/r� �j'�/5
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May 18, 2009
Mark Evangelist
City of St Paul
Contract & Analysis Services
15 W Kellogg Blvd
Room 280
St. Paul, MN 55102
Dear Mr. Evangelist,
09-686 � :
District Administrative Offices
210 County Road 10? North
P O. Box 660
Wayzata, MN 55391-0660
763745 5000
Fax: 763755 5091
Wayzata ISD #284 would {ike to enter into a Joint Powers Agreement with the City of St.
Paul. Please find enclosed two copies of an Agreement between our school district and the city.
Our Esecutive Director of Business Services has signed both copies. Please have these
agreements signed by the authorized representative of your city and return one agreement to
me and keep one agreement for your records. Thank you in advance for your attention to this
matter.
I spoke with Clifford Moore today and he indicated that you have an agreement for exercise
equipment 4hrough 2" Wind Exercise that was renewed until 11/30/09e The district is
updating curriculum in the area of Physical Education. Your contract fits nicely into our
needs. We look forward to our joint efforts to save money and increase efficiency for our
respective entities.
Sinc
i (/ , ,
Patricia l.. Harris
Purchasing & Student Accounting Supervisor
Enclosures
wwwwayzata.kl2.mn us