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COOPERATIVE PURCHASING AGREEMENT <br /> M iiiiiosota, Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 <br /> and <br /> MATERIALS MANAGEMENT DIVISION Minnesota Statutes § 471.59, Subdivision 1 <br /> Cooperative Purchasing Venture <br /> This Joint Powers Agreement is between the State of Minnesota, through its commissioner of <br /> Administration, Materials Management Division ( "Division ") and <br /> CITY OF CENTERVILLE ( "Authorized Entity "). <br /> Pursuant to Minn. Stat. § 16C.03, subd. 10, the Division acquires various supplies, <br /> commodities, equipment, and services for state agencies and governmental units (as defined <br /> in Minn. Stat. § 471.59, subd. 1) through competitive bidding or requests for proposals. The <br /> Division, through Minn. Stat. § 16C.11, and the Authorized Entity wish to combine their <br /> purchasing functions, as specifically provided below, so that the Authorized Entity may avail <br /> itself of the prices which have been agreed upon by the Division and its vendors. <br /> The parties agree as follows: <br /> 1. Term. This joint powers agreement will be effective on the date State obtains all required <br /> signatures under Minn. Stat. § 16C.05, subd. 2, and remains in effect until canceled by either <br /> party upon 30 days' written notice to the other party. <br /> 2. Services. The Division will make its contracts for commodities and services, as listed on <br /> the State of Minnesota's Contract Index, available to the Authorized Entity. <br /> 3. Use of Division Contracts. To purchase commodities or services from the Division's <br /> contracts, the Authorized Entity must issue a purchase order in accordance with the terms and <br /> conditions of the Division's contracts and any requirements applicable to the Authorized <br /> Entity's governing body. The Authorized Entity must send purchase orders directly to the <br /> applicable vendor and will make payments directly to the vendor in accordance with its <br /> established procedures and terms of the Division's contract. The Authorized Entity will not use <br /> the goods available under the Division's contracts for the purposes of resale. The Authorized <br /> Entity must be the end user of the goods purchased. <br /> 4. Liability. The Authorized Entity agrees that neither the Division nor its employees <br /> personally assume responsibility or liability for any amounts due or claimed to be due pursuant <br /> to any purchase order entered issued by the Authorized Entity. The Authorized Entity will <br /> indemnify, save and hold harmless the Division and its employees from any loss, damage or <br /> MMD -CPV Agreement la COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP <br /> (12/2011) MS § 471 59, Subd. 1 <br /> 11 <br />