08-12-1998 Council Agenda - Laserfiche WebLink

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STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION COOPERATIVE PURCHASING AGREEMENT STATE CONTRACTS WHEREAS, the Commissioner of Administration of the State of Minnesota procures for State Agencies through competitive bidding or requests for proposals various supplies, commodities, equipment and services which are then ordered by or for State Agencies, and WHEREAS, the State Legislature by Minn. Stat. § 471.59 (1996), has authorized the State and its Political Subdivisions to enter into agreements to exercise jointly the governmental powers and functions each has individually, and HERE AS, the Depa/r�tment o Administration, Materials Management Division, (hereinafter, "Division "), and (the) e at -c LCI A. Cl (hereinafter, "Political Subdivision ") wish to combine their purchasing functions as specifically provided below so that the State Political Subdivision may avail itself of the prices which have been agreed upon by the Division and its vendor. NOW THEREFORE, in consideration of the annual administrative fee of $350.00 and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Division agrees to make available to the above -named Political Subdivision the commodities and services contracted for by the Division and listed on the State's contract index at the prices and terms as are available to the Division, except delivery charges, under said contracts entered into under competitive bidding or requests for proposals pursuant to Minn. Stat. chs. 16B and/or 16C by the Commissioner of Administration. IT IS AGREED that if the Political Subdivision chooses to buy any commodities or services from any State contract, it will issue purchase orders in accordance with the terms of the State contract and the requirements applicable to contracts and purchases of the Political Subdivision's governing body. The Political Subdivision will 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 State contract. Upon making a purchase, the Political Subdivision agrees to abide by all conditions, terms, specifications and prices stated in the State contract. The Political Subdivision also agrees that neither the Division nor its purchasing agent, personally, or officially, assumes responsibility or liability for any amounts due or claimed to be due pursuant to any agreement entered into by the Political Subdivision and its vendors nor is the Division or its purchasing agent responsible for the issuance or non- issuance of any purchase order by the Political Subdivision. The Political Subdivision further agrees to indemnify, save and hold harmless the Division from any loss, damage or expense, including payment of attorney fees allowable by law, which arise or may arise from this agreement and from any dispute or claim arising from any transaction between the Political Subdivision and its selected vendors whether or not the loss, damage, dispute or claim arises during or after this contract period. IT IS FURTHER AGREED that this agreement may be renewed on an annual basis for a period not to exceed five (5) years from the date of this agreement upon payment by the Political Subdivision of the yearly administrative fee. The annual administrative fee must be paid by the Political Subdivision on or before the 30th day of June of each year and failure to make said payment constitutes intent to terminate this agreement. The Division specifically reserves the right to modify the annual administrative fee and, in the event of such a modification, the Division will provide written notice of the modification to the Political Subdivisions at least thirty (30) days prior to the renewal date. It is expressly agreed that the annual administrative fee constitutes consideration for the duties and obligations under this contract to be performed for a single annual period and does not constitute consideration for the option to renew this agreement. This agreement is subject to cancellation by either party upon thirty (30) days written notice to the other party. Each party agrees that it will be responsible for its own acts and the'results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. In particular, the Political Subdivision shall be responsible for any obligations as a result of purchase orders issued by it. The Political Subdivision's liability shall be governed by the provisions of Minn. Stat. ch. 466 and the Division's liability shall be governed by the provisions of Minn. Stat. § 3.736 (1996 & Supp. 1997). POLITICAL SUBDIVISION STAT iF M. NESO BY: BY: (Authorized Signature) (Title) I/ nip/ Director, Materials M. AF.gemt .ivision (Date) (Address) Permit Number /Fax Security Access Code (Date) Page 20 C`Q? I Cc 5 /- i-le,L-{ -L/S3