2005-09-28 CC Packet - Laserfiche WebLink

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~BDta "ArERIA1-S MANAGEMENT OlVISION Cooperative P<Jrch8~/ng V*"nt",.". COOPERATIVE PURCHASING AGREEMENT This Joint Powers Agreement is between the State of Minnesota~ through its conunissioner of Administration, Materials Management Division ("Division") and r~ M rC M--/f rv i//...r ~ ("Authorized Governmental Unit"). Pursuant to Minn. Stat. ~ 16C.03, su . 10, the DIvIsIOn acqulIes various supphes, commoditIes, equipment, and servIces for state agencies and governmental units (as defined in Minn. Stat. ~ 471.59, subd. 1) through competitive bidding or requests for proposals. The Division, through Minn. Stat. ~ ] 6t. ) 1, and the Authorized Governmental Unit wish to combine their purchasing functions, as specifically provided below, so that the Authorized Governmental Unit may avail itself of the prices which have been agreed upon by the Division and its vendors. The parties agree as follows: 1. Term. This joint powers agreement will be effective on the date State obtains all required signatures under Minn. Stat. 9 16C05, subd. 2, and may be renewed on an annu21 basis not to exceed five years. This joint powers agreement may be canceled by either party upon 30 days' \Iflitten notice to the other party. 2. Services. Upon payment of the annual administrative fee, the Division will make its contracts for commodities and services, listed on the State of Minnesota's Contract Index, available to the Authorized Governmental Unit. 3. Annual Administrative Fee. To become a member of the State of Minnesota's Cooperative Purchasing Venture, the Authorized Governmental Unit will pay to the Division an annual administrative fee of$500.00. The annual administrative fee win be paid by the Authorized Governmental Unit on or before the thirtieth day of June of each year of this joint powers agreement. Failure to pay the annual administrative fee will terminate this joint powers agreement at the end of the last year for which the annual administrative fee has been paid. The Division reserves the right to modify the annual administrative fee. In the event of a modification, the Division will provide written notice of the modification to the Authorized Governmental Unit at least 30 days prior to the renewal date. The annual administrative fee constitutes consideration for the duties and obligations under this joint powers agreement to be performed for a single annual period and does not constitute consideration for the option to renew this joint powers agreement. 4. Use of Division Contracts. To purchase commodities or services from the Division's contracts, the Authorized Governmental Unit must issue a purchase order in accordance with the terms and conditions of the Division's contracts and any requirements applicable to the Authorized Governmental Unit's governing body. The Authorized Governmental Unit must send purchase orders directly to the applicable vendor and will make payments directly to the vendor in accordance with its established procedures and terms of the Division's contract. The Authorized Governmental Unit will not use the goods available under the Division's contracts for the purposes of resale and the Authorized Governmental Unit must be the end user of the goods purchased. 5. Liability. The Authorized Governmental Unit agrees that neither the Division nor its employees personally assume responsibility or liability for any amounts due or claimed to be due pursuant to any purchase order entered issued by the Authorized Governmental Unit. The Authorized Governmental Unit will indemnify, save and hold harmless the Division and its employees from any loss, damage or expense, including payment of attorney fees allowable by law, which arise or may arise from the Authorized Governmental Unit's use ofthis joint powers agreement and from any dispute or claim arising from any transacticn between th~ Authorized Governmental Unit and the Division's vendors, whether or not the loss, damage, dispute or claim arises during or after the period of this joint powers agreement. The Division's liability will be governed by the provisions of Minn. Stat. ~ 3.736. AUTHORIZED GOVERNMENT UNIT STATE OF MINNESOTA By: By: (Authorized Signature) Assistant Director, Materials Management Division (Date) (Title) Permit Number/Security Code Access Code (Address) (Date) MMD~CPV Fonn 1 (7/2005) JOINT POWERS AGREEMENT CREATING COOPERA. TIVE PURCHASING VENTURE MEMBERSHIP /1