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79 <br />CITY OF ST. ANTHONY VILLAGE <br />RESOLUTION 11-084 <br />A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE <br />CITY OF ST. ANTHONY AND THE CITY OF NEW BRIGHTON <br />FOR FUEL PURCHASING FOR THE PERIOD OF <br />FEBRUARY 1, 2012 TO JANUARY 1, 2014. <br />WHEREAS, the City of St. Anthony (St. Anthony) will be entering into a Joint Powers <br />Agreement with the City of New Brighton (New Brighton) for fuel purchasing; <br />and <br />WHEREAS, New Brighton will pay for the cost of system upgrades to St. Anthony's system <br />including: a) a new keycard system and b) software upgrades for accounting and <br />billing; and <br />WHEREAS, New Brighton will pay for the actual, out-of-pocket costs of such upgrades, up to <br />a maximum of $10,000. New Brighton will pay such costs within receipt of an <br />invoice from St. Anthony showing actual expenses incurred, within 15 days of <br />receipt of the invoice; and <br />WHEREAS, St. Anthony will participate in the State Fixed Price Fuel Program (the "State <br />Program") for at least the period from February 1, 2012 to January 1, 2014; and <br />WHEREAS, in addition to fuel for its own use, St. Anthony will order the amount of fuel <br />specified by New Brighton for their use; and <br />WHEREAS, St. Anthony will maintain the fuel facilities at its own expense, accept delivery of <br />the fuel and make its fuel storage facilities available to New Brighton, 24 hours a <br />day, seven days a week, at no additional cost for the 23 month period of the <br />contract (plus 30 days after the termination of the contract term to allow New <br />Brighton to use up any remaining fuel that it has ordered); and <br />WHEREAS, St. Anthony will act as the go-between for New Brighton in the purchase of fuels <br />from the State under the State Program for the purchase of the guaranteed <br />monthly purchase of fuel, for the purchase of additional fuel on the spot market <br />and for payment of charges for failure to accept delivery of the guaranteed <br />amount; and <br />WHEREAS, St. Anthony will not be responsible for any costs attributable to New Brighton's <br />fuel purchases, but will pass all such costs through to New Brighton and New <br />Brighton will pay all costs incurred and be credited with any credits or rebates <br />attributable to its participation as though New Brighton were participating in the <br />State Program directly; and <br />F:\Council Meetings\2011\12132011\res jpa with NB fuel purchasing.doe <br />