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8.f)1) Cooperative Purchaing Agreement , Meeting Date: 3/17/2009 Agenda Item: Q ' � �� f � � l City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Authorize signature of a Joint Powers Ageement with the State of Minnesota, which would allow the City to make purchases using state contract prices. Deadline/ Timeline: N/A Background: • Cooperative purchasing arrangements have been suggested as ways for local governments to stretch their scarce resources in times of tight budgets. Scandia has used such arrangements in the past (vehicle purchases, for example) and currently uses a purchasing coop for health insurance and a variety of other items (such as office supplies.) • In researching other options that might be available, staff found that Scandia is not currently a member of the program that allows broad access to state contract pricing. Cities may access state contract pricing for a variety of goods through a joint powers agreement with the Deparhnent of Administration Materials Management Division. Once executed, the agreement will be renewable for 5 years. Recommendation: I recommend that the Council authorize the Mayor to sign the Cooperative Purchasing Agreement. Attachments/ • Cooperative Purchasing Agreement Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (cooperative purchasing) Page 1 of 1 03/10/09 �. . � � ;c G c:f,_� • �C/ µ-/ L ' � S_� t- „ � + I i naare,����� ist� 1___ t;17Y Of- ::;�'�',n.�r?iA I Cooperative Purchasrr�g Venture --��---""�-�--�----�--I On behalf of the Materials Management Division, welcome to the Cooperative Purchasing Venture (CPV) program. Enclosed please find one copy of the Coope:rative Purch�sing Agreement (two-sided form). Any previous agreement is void. Please note that the agreement provides a renewal option for a period of up to five years. This change was made for the convenience of the members and eliminates the need to sign a new agreement every year. Organizations can now renew their memberships simply by completing the CPV application form. PLEASE HAVE THE AGREEMENT SIGNED BY AN AUTHORIZED PERSON AND RETURN THE ORIGINAL TO SHERRY BROWN. A FULLY EXECUTED COPY WILL BE SENT TO YOU FOR YOUR RECORDS. Your CPV permit number/security access code, which you will receive in a subsequent mailing, will enable you to utilize the Division's Internet web site to access contract releases. • You will also receive instructions telling you how to use either method. In the event you have no Internet access, you may request that a Contract Commodity Index be mailed to you. It lists contracts now in force from which you may make purchases. Please submit, in writing, your requests�for the actual contract release which contains all pertinent ordering information. When placing orders with the contract vendor, please state the applicable State of Minnesota contract number on all orders. . If you have any questions regarding registration, please call me at 651.201.2404. If you have any questions regarding contract information, please call the Helpline at 651.296.2600. Sincerely, � � � , � � �--C�.. �-� , c �t��-c�_ Sherry L. Bro Business Administrator Enclosure Materials Management Division 112 Administration Building 50 Sherburne Avenue Saint Paul, MN 55155 E-Mail: sherry.brown@state.mn.us P: 651.201.2404/ F: 651.297.3996 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 � COOPERATIVE PURCHASING AGREEMENT ' Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 ,����0��, and MATERIALSMANAGEMENTD/VlSlON � MlrineSOta StatUteS § 47 I.J9, Subdivision 1 Coope�afive Purchasing Venture This Joint Powers Agreement is between the State of Minnesota, through its commissioner of Administra -i�pn, Materials anagement Division ("Division") and � � � ���' , ("Authorized Entity"). Pursuant to Minn. Stat. § 16C.03, subd. 10, the Division acquires various supplies, commodities, equipment, and services for state agencies and governmental units (as defined in Minn. Stat. § 471.59, subd. 1) through competitive bidding or requests for proposals. The Division, through Minn. Stat. § 16C.11, and the Authorized Entity wish to combine their purchasing functions, as specifically provided below, so that the Authorized Entity may avail itself of the prices which have been agreed upon by the Division and its vendors. The parties agree as follows: 1. Term. This joint powers agreement will be effective on the date State obtains all required signatures under Minn. Stat. § 16C.05, s�bd. 2, and may be renewed on an annual basis not to exceed five years. This joint powers agreement may be canceled by either party upon 30 days' written notice to the other party. 2. Services. The Division will make its contracts for commodities and services, as listed on the State of Minnesota's Contract Index, available to the Authorized Entity. 3. Use of Division Contracts. To purchase commodities or services from the Division's contracts, the Authorized Entity must issue a purchase order in accordance with the terms and conditions of the Division's contracts and any requirements applicable to the Authorized Entity's governing body. The Authorized Entity must 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 Division's contract. The Authorized Entity will not use the goods available under the Division's contracts for the purposes of resale. The Authorized Entity must be the end user of the goods purchased. 4. Liability. The Authorized Entity agrees that neither the Division nor its employees personally assume responsibility or liability for any amounts due or claimed to be due pursuant to any purchase order entered issued by the Authorized Entity. The Authorized Entity will indemnify, save and hold harmless the Division and its employees from any loss, damage or MMD-CPV Agreement 1a COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (12/2008) MS§471.59,Subd.1 �, y�� COOPERATIVE PURCHASING AGREEMENT ' Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 ,���j�o�� and MATER/ALSMANAGEMENTDlV/SION MIIlfIeSOta StatUt@S § 47�.rJ9, Subdivision 1 Cooperafive Purchasing Venture expense, including payment of attorney fees allowable by law, which arise or may arise from the Authorized Entity's use of this joint powers agreement and from any dispute or claim arising from any transaction between the Authorized Entity and the Division's vendors, whether or not the loss, damage, dispute or claim arises during or after the period of this cooperative agreement. The Division's liability will be governed by the provisions of Minn. Stat. § 3.736. AUTHORIZED ENTITY STATE OF MINNESOTA "Authorized Entity certifies that the appropriate person(s) have executed this cooperative agreement on behalf of "By Delegation" the Authorized Entity as required by applicable articles, bylaws, resolutions or ordinances." By: By: (Authorized Signature) Materials Management Division (Title) (Date) Permit Number/Access Code: (Address) (Date) MMD-CPV Agreement 1a COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (12/2008) MS§471.59,Subd.1