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Wayzata School District#284 Joint Powers Agreement #05979901 ?urchasinelS' Serrices Dania Adatin Vices 210 North (c'untv Rd 101 PO Box 660 i4ir}_ata. j1h' 55391 -0660 JOINT POWERS AGREEMENT This agreement is entered into as of this day of , 199 , between Independent School District #284 ( "Wayzata School District "), an independent school district under the laws of the State of Minnesota and (herein referred to as APPLICANT), (The name of applying entity) a under the laws of the State of Minnesota. (Specif); Type o(ntity: 1g: Courtly, School City. etc;) RECITALS The Joint Exercise of Powers Act, Minnesota Statutes 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties. Wayzata School District and each has the power to procure furniture, equipment, supplies and commodities, and the obligation in many is stances, to procure such items through competitive bid; and In order to achieve cost savings through volume purchases, Wayzata School District has agreed to make available its procurement process and contract for furniture, equipment, supplies and commodities for use by the above named Applicant pursuant to the procedures and subject to the terms and conditions set forth herein; and The governing bodies of Wayzata School District and Applicant have each approved the terms and conditions of this agreement NOW THEREFORE, in consideration of the premises and the mutual covenants contained herein, Wayzata School District and Applicant agree as. follows: 1. PURPOSE. The purpose of this agreement is to create cost saving in the purchase, installation or servicing of furniture, eauiprnent, supplies or commodities through volume purchases by using the Wayzata School District procurement process and contracts to purchase such items for all parties to this Agreement. The agreement shall not be used for any other purpose. 2. COMPETITIVE: BIDDING. Wayzata School District shall periodically issue or publish requests for proposals through a competitive bid process which complies with Minnesota Statutes 471.345. Wayzata School District shall make available to Applicant(s) information concerning the successfiu bids and Applicant(s) shall be entitled to issue purchase orders using Wayzata School District's procurement contracts. Simultaneously with issuing a purchase order through a Wayzata School District procurement contract, Applicant(s) shall deliver to Wayzata School District a copy of such purchase order if requested. 3. I )ABU TTY. Each party shall issue its own purchase orders in its own name to Corporate Express. Each party agrees to pay for its own purchase orders in a timely manner. Neither party shall be deemed an agent, partner, or joint venture' of the other party. Neither party shall have liability for the purchase order of the other party or any other party utilizing Wayzata School District procurement contracts. Each party agrees to defend, indemnify and hold the other party harmless from claims for payment of the imdemmf ing part' purchase orders, including without limitation, any interest, penalties, late charges or attorneys fees accraing with respect to such purchase orders.