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HomeMy WebLinkAboutContract 2226z22s yYtl~'t. /l~~~Q , MATERIALS MANAGEMENT DIVISION Cooperative Purchasing Denture COOPERATIVE PURCHASING AGREEMENT Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 and Minnesota Statutes § 471.59, Subdivision 1 This Joint Powers Agreement is between the State of Minnesota, through its commissioner of Administr~ ion, Materials Management Division ("Division") and ("Authorized Entity"). Pursuant to Minn. Stat. § 16C.03, subd. 10, the Division acquires various supplies, commodities, equipment, and services far 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. § 16C.11, and the Authorized Entity wish to combine their purchasing functions, as specifically provided below, so that the Authorized Entity 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. § 16C.05, subd. 2, and may be renewed on an annual basis nat to exceed five years. This joint powers agreement may be canceled by either party upon 30 days' written notice to the other party. 2. Services. The Division will make its contracts for commodities and services, as listed on the State of Minnesota's Contract Index, available to the Authorized Entity. J. uSc i~a ~tvtl~UrI c.tri)itaGs. Tc~ pUiGi'iciSC GUr~it~"lUU1TieS Gi SCIVICtrS ~Irlit7l llle UiVIJIIJft contracts, the Authorized Entity must issue a purchase order in accordance with the terms and conditions of the Division's contracts and any requirements applicable to the Authorized Entity's governing body. The Authorized Entity 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 Entity will not use the goods available under the Division's contracts for the purposes of resale. The Authorized Entity must be the end user of the goods purchased. 4. Liability. The Authorized Entity 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 Entity. The Authorized Entity will indemnify, save and hold harmless the Division and its employees from any loss, damage or MMD-CPV Agreement 1a COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (07/2009) MS § 471.59, Subd. t y,~y~ COOPERATIVE PURCHASING AGREEMENT ~~~~~®~~ Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 and MATERIALSMANAt;EMENTD/VISION Minnesota Statutes § 471.59, Subdivision 1 Cooperative Purchasing Venture expense, including payment of attorney fees allowable by law, which arise or may arise from the Authorized Entity's use of this joint powers agreement and from any dispute or claim arising from any transaction between the Authorized Entity and the Division's vendors, whether or not the loss, damage, dispute or claim arises during or after the period of this cooperative agreement. The Division's liability will be governed by the provision:; of N9inn. Stat. § 3.736. AUT~iORlZED ENTITY "Authorized Entity certifies that the appropriate person(s) have executed this cooperative agreement on behalf of the Authorized Entity as required by applicable articles, bylaws, resolutions or ordinances." ~, (Authorized Signa ure) City Manager (Titlel 590 40th Avenue NE Columbia Heights, MN 55421 (Address) August 24, 2009 (Date) STAI,TE ~F !IdlINNESOTA "By Delegation" Permit Number/Access Code: ~-..._~ ' ~ ~ 1 §Et p" MMD-CPV Agreement 1a GOOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (0712009) MS § 471.59, Subd. 1