HomeMy WebLinkAboutRESOLUTION - 4-05 - 2/8/2005 - INTERGOVERNMENTAL JOINT PURCHASING AGMTRESOLUTION NO. 4-05
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN INTERGOVERNMENTAL JOINT PURCHASING AGREEMENT
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE WESTERN
STATES CONTRACT ALLIANCE (WSCA)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached documents
marked:
COOPERATIVE AGREEMENT
FOR USE OF
WSCA/NASPO PC CONTRACTS 2004-2009
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village
Clerk is authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 8th day of February 2005
APPROVED this 8th day of February 2005
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh Village Clerk
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MAT6RlALS MANAGEMENT DIVISION
COOPERATIVE AGREEMENT for use of WSCA/NASPO PC Contracts 2004-2009
This Joint Powers Agreement is between the State of Minnesota, through its commissioner of Administration, Materials
Management Division ("Division') and the Village of Elk Grove, Illinois ("Authorized Governmental Unit").
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 Governmental Unit
wish to combine their purchasing functions, as specifically provided below, so that the Authorized Governmental Unit
may avail Itself of the prices which have been agreed upon by the Division and its vendors.
This cooperative agreement Is Intended to make the W SCAINASPO PC Contracts ('Contracts") that the Division leads
and manages for WSCA/NASPO available to the Authorized Governmental Unit.
The WSCA/NASPO PC Contracts are effective on September 1, 2004, and will expire on August 31, 2009, permitted
extension are not exercised.
The parties agree as follows:
1. Term. This cooperative agreement will be effective on the date Division obtains all required signatures under Minn.
Stat. § 16C.05, subd. 2, and remains effective until the WSCA/NASPO PC Contracts expire, based on the Division's
management of these contracts. Unless the Authorized Governmental Unit chooses to set a different date, this
cooperative agreement has the same 'term* as the basic WSCA/NASPO PC Contracts. This cooperative agreement
may be canceled by either party upon 30 days' written notice to the other party.
2. services. The Division will make the WSCA/NASPO PC Contracts, listed on the WSCA website, available to the
Authorized Governmental Unit. These services are provided, by Division for WSCA/NASPO, in return for the volume
Authorized Governmental Unit adds to the cooperative.
3. Use of WSCAINASPO PC Contracts. After this cooperative agreement has been executed, to be eligible to
purchase from the WSCA/NASPO PC Contracts, the Authorized Governmental Unit must sign a separate Participating
Addendum with each of the Contractors on the WSCA/NASPO PC Contracts. Each Participating Addendum acts as a
Authorized Governmental Unit amendment to the basic WSCA/NASPO PC Contracts, defining Authorized
Governmental Unit unique requirements, terms and conditions. The Authorized Governmental Unit will not use the
goods available under the Division's contracts for the purposes of resale and the Authorized Governmental Unit must
be the end user of the goods purchased.
4. Liability. The Authorized Governmental Unit 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 Governmental Unit. The Authorized Governmental Unit will Indemnify, save and hold harmless the
Division and Its employees from any loss, damage or expense, Including payment of attorney fees allowable by law,
which arise or may arise from the Authorized Governmental Unit's use of this cooperative agreement and from any
dispute or claim arising from any transaction between the Authorized Governmental Unit and the Division's vendors,
whether or not the loss, damage, dispute or claim arises during or after the period of this joint powers agreement. The
Division's liability is governed by the provisions of Minn. Stat. § 3.736.
5. Assignment, Amendments, Waiver, and Contract Complete
Assignment. The Authorized Governmental Unit may neither assign nor transfer any rights or obligations
under this agreement without the prior written consent of the Division and a fully executed
Assignment Agreement, executed and approved by the same parties who executed and
approved this agreement, or their successors in office.
Amendments, Any amendment to this agreement must be In writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original
agreement, or their successors in office.
MMDM'S CA -Coop Form 1 (912004( COOPERATIVE AGREEMENT for use of WE CAINASPO PC Coloscl..2004-2009 Page I of 0 Page.
eelwean the Mlnnesola Veparlmenl of Adminfiruallon and the Village of Elk Grove, Illlnols
1-NASPO
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MATERIALS MAN.9OEMENT OIV/S/OR
Waiver. If the Division fails to enforce any provision of this agreement, that failure does not waive the
provision or its right to enforce It.
Contract Complete. This agreement contains all negotiations and agreements between the Division and the
Authorized Governmental Unit. No other understanding regarding this agreement, whether
written or oral, may be used to bind either party.
6. Government Data Practices
The Division must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as It applies
to all data provided by the Division under this agreement, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Division under this agreement. The civil remedies
of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by the Division.
If the Authorized Governmental Unit receives a request to release the data referred to In this Clause, the
Authorized Governmental Unit must Immediately notify the Division. The Division will give the Authorized
Governmental Unit instructions concerning the release of the data to the requesting party before the data is
released.
7. Venue
Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate stale or federal
court with competent jurisdiction in Ramsey County, Minnesota.
B. Designated Contacts
The Division has designated a Contract Administrator and a Procurement Manager who are responsible for the
conduct and management of the WSCA/NASPO PC Contracts.
Contract Administrator (responsible for managing the contracts, relationships with Purchasing Entities and all actions
related to the Master Price Agreements)
Name:
Bernadette Kopischke
Title:
WSCA/NASPOContract Administrator
Agency Name:
Minnesota Department of Administration
Materials Management Division
Address:
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Telephone:
651.296.3778
Fax Number:
651.297.3996
TTY:
MN Relay Service 1.800.627.3529
E-mail:
Bernie.KopischkaftSlate.Mn.US
Procurement Manager (Minnesota's representative to W SCA Board of Directors and responsible for managing
relationships with WSCA, NASPO, and Participating States/Participating Entities)
Name:
Paul Slembler
Title:
MMCAP Manager/Assistant Director
Agency Name:
Minnesota Department of Administration
Materials Management Division
Address:
112 Administration Building
50 Sherburne Avenue
Sl. Paul, MN 55155
Telephone:
651.296.0498
Fax Number:
651.297.3996
TTY:
MN Relay Service 1.800.627.3529
E-mail:
Paul.3tembler@D$Iate.Mn.US
MMDAVSCACoop Form l(9/2004) COOPERATIVE AGREE MENTforose olWSCA1NASPO PD Contracts -20012009 Page 2 of 3 Page.
be lw eon the Minnesota Department of Adm In [tire lion and the Village of Elk Grove, Illinois
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MATEFTALB MANAOEM6MT OtY(S(ON
Authorized Governmental Unit has designated the following individual as the official point of contact:
Name:
Holly Knoll
Title:
Purchasing Agent
Agency Name:
Village of Elk Grove
Address:
901 Wellington Avenue, Elk Grove Village, IL 60007
Telephone:
647.357.4092
Fax Number:
847.357.4084
TTY:
E-mail:
hknoll(dlelkgrove.org
AUTHORIZED GOVERNMENT UNIT (Authorized G01mi al
U nil cartMes that Me Individual executing this agreem ant has the logo authority W
bind the Authorized Government Ung to contracts and agreements.)
6y: Craig B. Johnson
(Authorized Slgnalum)
Craig B. Johnson
(Typed or Printed Name of indivlAual signing)
Mayor, Village of Elk Grove Village
(riga)
February S, 2005
(Date)
STATE OF MINNESOTA
For the Commissioner of Administration by delegation:
By:
Assl.b.1 Director, Materials Management Division
(Date)
MMOMSCA -Coop Form 1 (912004) COOPERATIVE AGREEMENT for use of WSCAINASPO PC Contracts -2004-2009 Page 3 of 3 Pages
between the Minnesota Department of Administration and the Village of Elk Grove, Illinois