HomeMy WebLinkAboutCC RES 11-084 RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF NEW BRIGHTON FOR FUEL PURCHASING FOR THE PERIOS OF FEBRUARY 1, 2012 TO JANUARY 1, 2014 Meeting Sheet
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103794
Box: 31
Folder: RES 2011
Document: CC RES 11-084 RESOLUTION APPROVING A JOINT POWERS
AGREEMENT BETWEEN THE CIN OF ST. ANTHONY AND THE CIN OF
NEW BRIGHTON FOR FUEL PURCHASING FOR THE PERIOS OF
FEBRUARY 1, 2012 TO JANUARY 1, 2014
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-084
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE
CITY OF ST. ANTHONY AND THE CITY OF NEW BRIGHTON
FOR FUEL PURCHASING FOR THE PERIOD OF
FEBRUARY 1, 2012 TO JANUARY 1,2014.
WHEREAS, the City of St. Anthony (St. Anthony) will be entering into a Joint Powers
Agreement with the City of New Brighton(New Brighton) for fuel purchasing;
and
WHEREAS, New Brighton will pay for the cost of system upgrades to St. Anthony's system
including: a) a new keycard system and b) software upgrades for accounting and
billing;and
WHEREAS, New Brighton will pay for the actual,out-of-pocket costs of such upgrades, up to
a maximum of$10,000. New Brighton will pay such costs within receipt of an
invoice from St. Anthony showing actual expenses incurred,within 15 days of
receipt of the invoice;and
WHEREAS, St. Anthony will participate in the State Fixed Price Fuel Program(the "State
Program")for at least the period from February 1,2012 to January 1,2014;and
WHEREAS, in addition to fuel for its own use, St. Anthony will order the amount of fuel
specified by New Brighton for their use;and
WHEREAS, St. Anthony will maintain the fuel facilities at its own expense, accept delivery of
the fuel and make its fuel storage facilities available to New Brighton, 24 hours a
day, seven days a week,at no additional cost for the 23 month period of the
contract(plus 30 days after the termination of the contract term to allow New
Brighton to use up any remaining fuel that it has ordered);and
WHEREAS, St. Anthony will act as the go-between for New Brighton in the purchase of fuels
from the State under the State Program for the purchase of the guaranteed
monthly purchase of fuel,for the purchase of additional fuel on the spot market
and for payment of charges for failure to accept delivery of the guaranteed
amount;and
WHEREAS, St. Anthony will not be responsible for any costs attributable to New Brighton's
fuel purchases,but will pass all such costs through to New Brighton and New
Brighton will pay all costs incurred and be credited with any credits or rebates
attributable to its participation as though New Brighton were participating in the
State Program directly;and
F:\Council Meetings\2011\12132011\res jpa with NB fuel purchasing.doc
WHEREAS, this agreement will continue automatically after January 1,2014 for additional
one year terms,unless either party terminates the agreement effective at the end
of a one year term,with at least 120 days written notice to the other party;and
WHEREAS, commencing with fuel purchased after July 1,2013, New Brighton will pay St.
Anthony a service charge of 10 cents for each gallon purchased. The service
charge may be adjusted by the mutual consent of the parties.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of St. Anthony hereby
approves the Joint Powers Agreement between the City of St. Anthony and the City of New
Brighton for Fuel Purchasing for the period of February 1, 2012 to January 1,2014.
Adopted this 13th day of December,2011.
yor
ATTEST:
City Clerk
Review for Administration: 02
City Manager Jr
F:\Council Meetings\2011\12132011\res jpa with NB fuel purchasing.doc
JOINT POWERS AGREEMENT FOR FUEL PURCHASING
This Agreement is made as of the bay of bcanlw 2011, by and between the
City of New Brighton, Minnesota ( "New Brighton'), and the City of St. Anthony, Minnesota
( "St. Anthony "), both Minnesota municipal corporations, pursuant to the authority of Minnesota
Statutes, Section 471.59.
WHEREAS, the State of Minnesota secures bids for the purchase of various fuels under
the State Fixed Price Program ( "State Program "); and
WHEREAS, participating political subdivisions of the State may purchase fuels from the
successful vendor under the State Program; and
WHEREAS, St. Anthony has fuel storage facilities that can be used for acceptance of
delivery of fuel purchased under the State Program; and
WHEREAS, New Brighton wishes to enter into an agreement with St. Anthony under
which New Brighton will be able to purchase fuels at State Program rates, using St. Anthony's
fuel facilities; and
WHEREAS, St. Anthony's fuel facilities are in need of upgrading to accommodate the
use of the facilities by New Brighton; and
WHEREAS, New Brighton is willing to compensate St. Anthony for the use of its
facilities and St. Anthony is willing to make its facilities available to New Brighton under the
terms and conditions hereinafter set forth.
NOW, THEREFORE, on the basis of the premises and the mutual promises hereinafter
set forth, the parties hereto agree as follows:
St. Anthony will upgrade its fuel systems by adding a new key card system and software
upgrades for accounting and billing so that its facilities may be used to store and dispense
fuels purchased on behalf of the city of New Brighton from the State Program. These
upgrades shall be installed and functioning as of December 31, 2011. New Brighton will
pay to St. Anthony the actual, out -of- pocket costs of such upgrades, up to a maximum of
Ten Thousand Dollars ($10,000). New Brighton will pay such costs within receipt of an
invoice from St. Anthony showing actual expenses incurred, within 15 days of receipt of
the invoice.
2. St. Anthony will participate in the State Program for at least the period from February 1,
2012 to January 1, 2014. In addition to fuels for its own use, St. Anthony will order the
amount of fuel specified by New Brighton for New Brighton's use.
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3. St. Anthony will maintain the fuel facilities at its own expense, accept delivery of the fuel
and make its fuel storage facilities available to New Brighton, 24 hours a day, seven days
a week, at no additional cost other than the service charge specified in paragraph 6, for
the 23 -month period of this contract, and any extensions hereof, plus 30 days after the
termination of the contract to allow New Brighton to use up any remaining fuel that it has
ordered.
4. St. Anthony will act as the go- between for New Brighton for the purchase of fuels under
the State Program, including the purchase of the guaranteed monthly purchase of fuel and
the purchase of additional fuel on the spot market, and for payment of charges for failure
to accept delivery of the guaranteed amount. St. Anthony will not be responsible for any
costs attributable to New Brighton's fuel purchases, but will pass all such costs through
to New Brighton, and New Brighton will pay all costs incurred and be credited with any
credits or rebates attributable to its participation, as though New Brighton were
participating in the State Program directly. All invoices from St. Anthony for such costs
will be paid by New Brighton within 15 days of receipt.
5. This Agreement will be extended automatically after January 1, 2014 for additional one-
year terms, unless either party terminates the Agreement effective at the end of a one-
year term, with at least 120 days' written notice to the other party.
6. Commencing with fuel purchased after July 1, 2013, New Brighton will pay St. Anthony
a service charge of 10 cents for each gallon purchased. The service charge may be
adjusted by the mutual consent of the parties.
IN WITNESS WHEREOF, the parties hereto, by their authorized representatives, have
executed this Agreement as of the day and date first above written.
CIT41ts AN HOMY
By:
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Its Manager
CITY OF NEW BRIGHTON
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393047v1 CLL NE136 -24
Its Manager