12-15-2014 Council Agenda - Laserfiche WebLink

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Qk PURCHASING AGENT AGREEMENT THIS AGREEMENT is made by and between JAMES STEELE CONSTRUCTION COMPANY, 1410 SYLVAN STREET, ST. PAUL, MN 55117 ("Agent") and THE CITY OF LITTLE CANADA, 515 LITTLE CANADA ROAM EAST, LITTLE CANADA, MN 55117 ("Owner"), a Minnesota non-profit corporation to which the Minnesota Department of Revenue has issued a Certificate of Exempt Status—Exempt Organization. WHEREAS, Owner is undertaking the construction on its property of certain improvements generally described as LITTLE CANADA CITY HALL ("the Project"); and WHEREAS, Owner wishes to purchase on its own account materials, supplies and equipment for the Project (collectively "Tax -Exempt Materials") as described in Exhibit A, attached hereto; and WHEREAS, Owner has solicited separate bids for the Tax -Exempt Materials, the award of which was not contingent upon the successful award of' any other part of the Project; and WHEREAS, Agent is the successful bidder for the Tax -Exempt Materials; IT IS THEREFORE AGREED between the parties hereto that: 1. This Agreement is made with reference to, and where applicable shall be governed by, the specifications and provisions set forth in the Contract Documents as such are defined in the Owner/Contractor Agreement for the Project. 2. Owner appoints Agent to act as its purchasing agent for purchasing the Tax - Exempt Materials, and further authorizes Agent to appoint such sub -agents as Agent deems appropriate for carrying out the purposes of this Agreement, which sub -agents shall have similar powers of appointment. 3. It is understood and agreed that: (a) Owner takes title to the Tax -Exempt Materials at the point of delivery; (b) Owner assumes the risk of loss for all Tax -Exempt Materials; and (c) Owner bears all risk for defects in the Tax -Exempt Materials, including Tax - Exempt Materials incorporated into the real estate. 4. Agent (and any sub -agents) shall include the following Notice to Vendors/Suppliers in all purchase orders and other documents furnished to a vendor or supplier in connection with the purchase of any Tax -Exempt Materials: NOTICE TO VENDORS/SUPPLIERS The materials to which this document relates are being purchased by JAMES STEELE CONSTRUCTION COMPANY (name of Agent) as the purchasing agent of THE CITY OF LITTLE CANADA ("the Owner"). It is the Owner's obligation, not the purchasing agent's, to pay for the materials. Because the Owner is a non-profit corporation, this purchase is exempt from sales tax. 5. Agent shall inspect materials upon delivery to the project site and notify Owner of any deficiencies in the materials observed by Agent. 23