03.06 - State Cooperative Purchasing Agreement

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OR COOPERATIVE PURCHASING AGREEMENT kh7k8S8 Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 and MATERIALS MANAGEMENTDIVISION ' Minnesota Statutes § 471.59, Subdivision 1 Cooperative Purchasing Venture This Joint Powers Agreement is between the State of Minnesota, through its commissioner of Administration, Materials Management Division ( "Division ") and CITY OF PEQUOT LAKES ( "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, subd. 2, and remains in effect until 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 (12/2011) MS § 471.59, Subd. 1