HomeMy WebLinkAbout84-019J
CITY OF Pit : LAKE
.�ESOLUTION 84 -I9
A RESOLUTION REQUESTING INCLUSION Pf THE CITY OF PRIOR LAKE
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IN THE HENNEPIN COUNTY COOPERATIVE PURCHASING PROGRAM
MOTION BY: Busse `i SECONDED BY: Scott
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WHEREAS, f3 the City 'of - Pr"ior Lake purchases supplie "s
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and equipment from time to time, and
WHEREAS, much time is spent in preparing specifications
andV gathering. and - investigating prices, for
formal and infokmai bidding, and
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WHEREAS,: better F�ices can probably 'be obtained by
purchasing - in, lr,Yger quantities, and
'WHEREAS, joint purchasin' makes, available broader based
purchasing power, and
IptERmS, a joint purchasing _P�rogram, ° is available - to
the. City of Prior rake with ' Hennepin County.
NOS THEREFORE IT BE RESOLVED, that p the City of ]Prior
Lake requests permission ""from Hennepin County
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be included in its „ joint purchasing program,
and
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BE IT FURTHER RESOLVEO,;that the Mayor and 'City Manager
✓ are hereby, auth6rized and directed to execute
the cooperative purchasing agreement with
Hennepin County, a Dopy of which, is on file
in the office of the City Manager.
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1�1 ! !M7 0 I AKOTA STREET lkL P.O. BOX 3N PMOR LAKE, MWNUCTA
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COOPERATIVePURCHASING AGREEMENT 4%
THIS JOINT POWERS AGREEMENT made and entered into by and between the County of
Hennepin, State Minnesota (hereinafter referred° to as Hennepin County), and the CITY OF
PRIOR LAKE, State of" Minnesota (hereinafter referred to as Prior Lake), pursuant to Minnesota
Statutes 471.59, as amended, providing for the joint exercise of powers.
WITNESSETH THAT:
IN CONSIDERATION of the mutual convenants contained herein, the parties agree as
follows;
1. Purpose. The purpose of this.. Powers Agreement is to make'availahle to each
r, party thC adm mistral �4 and 'financial] benefits of cooiierative purchasing and- selling with
'respect to ; common items used by the parties,, subject to the terms and conditions hereinafter
set forth..
2. Effective Date This Joint Powers Agreement shaMbecome effective,'when signed by
the duly authorized representatives of the parties. The evidende of the °�(cti`ans of the"
bodies approving this Agreement to the of Minnesota
appropriate governing pursuant pr4visic�As
Statutes 471.59 has been filed with the appropriate Hennepin County offielal,, and suh- evidence .
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of approval is hereby , incorporated , by b reference and made a part of this Agreement. 'It is
` understood and agreed. that additional parties may added to this Joint Powers Agreement yy,
submitting to Hennepin County action of their governing bodies requesting' that they become
parties hereto. i
3. Purchasing and Sales Agent. Ivis agreed that He, nnepin_ County shalllbe the purchaSitl
agent and sales agent or Prior Lake for the, collective purchase or sale of such Items asr may be
jointly designated by the parties, according to the terms hereinafter stated. The 06nditf6ns'of
Z sales shall be subject, to the joint determination of the parties.. Hennepin County shall remit
to Prior Lake the proceeds of all sales of Prio�Lake property ,, ithin appcoximately "thirty (30)
days of the sale:"
4. Notice V Taking Bids.' Hennepin County shall notify Prior hake at least. thirty (30)
days to the date, t intends to items in by the which
prior soUcirbids on any common use parties,
the barties desire to,be cooperatively purchased hereunder. Specificatfonsl/fdr such items shall >'
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be.esfablished priorrto. the. giving of such notice. Prior Lake shall, subseguentt to such notice
and; =prior t* the date set for the solicitation of bids, inform Itennepin County of the type,
description, and' estimated, quantity of items which Prior Lake desires to be included in the
specifications of "id solicitation. All items designated by Prior Lake must have been specified
in the notice sent _y Hennepin County to Prior `Lake. The failure of 'Prior ,Lake to notify
U Nennepin'Caunty -of its desire to participate; In the intended purchase, within the period of time
referred to above, shall ;be construed as a rejection of the opportunity to enter into:the joint
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purchase of the items covered,Oy Hennepin County's notice. It is understood and agreed by the
parties that the estimate of items needed, given, by Prior Lake to Hennepin County, which
forms a part of- the .basis for the estimated quantity specified by Hennepin County in its
solicits
'solicitation for bids, Is only an estimate. Prior Lake shall be under no obligation to purchase
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the quantities of items contained In said estimate and subsequently stated In the bid
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specifications. r
5. Bids and/ It is understood and agreed that Hennepin County, puruant to the
terms of th this Agreement, and In accordance with its established practices sand the laws,
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governingf by Hennepin County, shaR.solieit bids, and shall tabulate, - evaluate, and
discuss with Prior' Lake, and with any > other governmental unit that has- entered into this
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Agreement or a " ut stantiallv similar agreement with Hennepin "County, all bids received
pursuant to such solicitations.\ Hennepin County shall make an award on behalf of all such
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participating governmental units, �to - -the''lowest, responsive, 'respoc.siole bidder responding to the
solicitation for bids upon sll such
majority agreement of the authorizeo representative of,
participating,governmental units. This award shall establish the prices and estimated quantities-;,
to be purchased by each °of the., parties- hereto includes] in such award in accordance, -with this
Agreement. The parties shall be liable for any orders placed by them in accordance 'with.
Paragraph No. 8 of this Agreement, biit shall not be'liable for any other sums.
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6. Contract and Performance Bond It is further agreed by tike parties that Hennepin '
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County,may execute a contract with, acid require a performance. bond' fro , the successful >, .
bidder• in the full amount of the award. :All contracts let and purchases rnade by Hennepin
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County hereunder shall conform to the requirements applicable- to contracts,, -and purchases
ordinarily made by said County. `The award and the c-ontract� shall 3nelude th€s Joint Powers
Agreement in its terms by reference. Any recovery for' failure of the ysuccessful bidder to
perform according tojthe tersas of the contract, or from the person or corporation "supplying the
performance bond, shall be pro -rated among the parties.as their interests may appear
7. County Clearing House Function It, is further agredd that where i:� propriate,
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Hennepin County will serve as a clearing house for: vendor notices: end shall inform Pricr ,Lake
of price fluctubtions pursuant to the terms of the contract with the vendor, changes in vendor'
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procedures, or other notices which `woulc�:ave an effect upon the prices or th`i? procedures =for
the efficient implementation of purchases-. pursuant to`this Agreement. °'
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8. Orders, Delivery and Payment After the award is made for the estimated quantities
of items, designated pursuant to , Joint Powers Agreement, each of the- parties hereto agrees
to order from the'iuccessful bidder such quantities as shall be consistent with its needs. Bi 'x
party agrees to /,make arrangements, with the successful bidder for ordering, delivery, shipment,
and payment with respect to the Items-it wishes to order. All disbursements of public funds by °-
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any of the parties in payment for suchtems shall be made in accordance with all laws of the,"„
State of Minnesota and of the party making such disbursement. All parties must provide -for +'the,
strict accountability of all funds employed hereunder, In accordance with the rules and
= regulations such party ordinarily applies with rtspeet, to such funds. a o
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9.: "Termination. Prior. Lake may terminate its obligations hereunder by giving thirty (30)
days notice o�Tsuc r intention to terminate, , in writing, to the Hennepin County Administrator.
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Such termination sha31 not be effective with respect to any solicitation for bids, or any purchase.,
or sale 'participated' in by Prior ' Lake hereunder, prior to the receipt` of such" dice of
termination by the Hennepin county Administrator.
10. Contin ent� Liabilit Any party failing to pay the successful bidder for" any items
actually ordered by t pursuant to Paragraph No. 8 herein shall�eave harmless any other party
hereto suffering loss or damage on account of such first party' failure to pay the successful
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bidder „
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IN WITNESS WHEREOF, the hereto
parties have caused this Joint Powers Agreeme"t
to be "approved
and by the proper o fficers of each of the, contracting parties,
and1
ested by )the pr
attested officer, on the dates written below.'
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COUNTY OF HENNEPIN, STATE OF MINNESOTA
By
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Ch airman of its t2unty Board
Date:
And
Deputy County "Administrator
Date:
ATTEST
ler o t e County Board
CITY OF PRIOR LAKE, STATE :O MINNESOTA
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Typeuof Cit
By (Check One:
it e..
Date: 1S, Statutory Option A
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,r ✓ Statutory Option B
And '/
Title: y
Dater August 15, 1984 Charter
ATTEST Is signature block s"added
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if required by`applicable
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Upon proper execution this agreement
will be legally 'valid' d binding.
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t Itto rne
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oved` to execution;
:aten linty At torney
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