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HomeMy WebLinkAboutAdmin Minnesota/IS APPROVED, AS TO FORAA BY trig WSCA I it resin � NASPO .. 0-~ �Y innesota rr.errNNNr MATCRIAI.9 MANA OCMCNT 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 City of Carmel Indiana ( Authorized Governmental Unit ) Pursuant to Minn Slat § 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 Authonzed Governmental Unit wish to combine their purchasing functions as specifically provided below so that the Authorized Governmental Unit may avail *self of the prices which have been agreed upon by the Division and its vendors This cooperative agreement is ntended to make the WSCA/NASPO PC Contracts (Contracts )that the Division leads and manages for W SCA/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 exerceed The parties agree as folows 1 Term This cooperative agreement will be effective on the date Division obtans all required signatures under Mnn Slat § 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 avalable b 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 WSCA/NASPO PC Contracts After this cooperative agreement has been executed to be eligible to purchase from the WSCA/NASPO PC Contracts the Authored 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 definng Authorized Governmental Unit unique requrements terms and condibons The Authonzed Governmental Unit will not use tie goods available under the Divisions 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 nether the Division nor its employees personaly assume responsiblity or babiityfor any amounts due or claimed to be due pursuant to anypurchase order entered issued by the Authored Governmental Unit The Authorized Governmental Unit will indemnify save and hold harmless the Division and is employees from any loss damage or expense including payment of attorney fees albwable by law which area or may arise from the Authorized Governmental Unirs 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 penod of this tont powers agreement The Division s labilty is governed by the provisons 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 fuly executed Assignment Agreement executed and approved by the same parties who executed and approved the agreement or their successors n office Amendments Any amendment to this agreement must be in writing and veil not be effective until it has been executed and approved by the same partes who executed and approved the original agreement or their successors n office MMD/WSCA Coop Form 1(9/2004) COOPERATIVE AGREEMENT for use arWSCNVASPO PC Connects 2004 2009 Pegs I of 3 Pages belw en tee Mn esolo Dope leant of Admi seat o s d C ly of Ca met I do a s`� � y tASPO+1—' rinart � MATQRIA'S MANAGltM®NT OIVA9IGN Waiver If the Division bile to enforce any provision of this agreement that failure does not waive the provision or its right to enforce it Contract Complete This agreement contans 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 Date Practices The Division must comply with the Minnesota Government Data Practices Act Minn Stat Ch 13 as t applies to all data provded by the Division under this agreement and as it applies to all data created colected received stored used maintained or disseminated by the Division urder this agreement The civil remedies of Minn Stat § 13 08 apply to the release of the data referred to n this cbuse 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 Divison the Division will give the Authorrzed Gov ernm ental 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 it breach must be in the approprate stateor federal court with competentlurrsdicton in Ramsey County Minnesota 8 Designated Contacts The Division has designated Contract Administratorand 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 Entties and al actons related t the Master Prce Agreements) Name Bernadette Kopischke Title WSCA/NASPO Contract Administrator Agency Name Minnesota Department of Administration Materials Management Division Address 112 Administraton Building 50 Sherburne Avenue St Paul MN 55155 Telephone 851 296 3778 Fax Number 851 297 3996 TTY MN Relay Service 1 800 627 3529 E mail Bernie Kopischke@Stata Mn US Procurement Manager(Minnesota s representative to WSCA Board of Directors end responsible for managing relationships with WSCA NASPO end Participating States/Participating Entities) Name Paul Stembler Title MMCAP Manager/Assistant Director Agency Name Minnesota Department ofAdministratron Materials Management Division Address 112 Administrator Building 50 Sherburne Avenue St Paul MN 55155 Telephone 651 296 0498 Fax Number 651 297 3996 TnY MN Relay Service 1 600 627 3529 E marl Paul Stemblet.State Mn US MMO/WSCA Coe Fo m 1 i0/20041 COOPERATIVE AGREEMENT NI use et WSCATNASPO PC C ontlece 2004 2009 Pig 2 f 3 Peg baton to Ma et o p in f 1 Rem ■ If e C IF IC n I 1 It 11 WSCA ( l CAC - I NASPO MATEN/LS MA NAO£MCNT OIYI$IION Authorized Governmental Unit has designated the following individual as the official point of contact Name TerryN Crockett Title Director of information Systems Agency Name City of Carmel Address Three Civic Square Carmel IN 46032 Telephone 317 571 2567 Fax Number 317 571 2568 TTy E mail Tcrockettelici caimel in us AUTHORIZED GOVERNMENT UNIT IA Ina tad Oa m t STATE OFMINNESOTA U I IF Malihe nd do tsasMAnathl aaaenniha Ih is Ianih to For the Commissioner of Administration bydalegaton s (I la A the zed Oa ma Ire contracts and ogre m I I By (A 1h a 9 pn [ m) By Ass slant DI'Ma MMn m sls Manspsnl Div le (Date) (TYaed Dr Punted Nam of adl 0 ale 0 0) tl Itbl (Oats) MMDRVSCA Coos Form I I011004) COOPERATIVE AGR—EMERY Mr ate OIWSCNNASPO PC Co had 2D04 2009 Pap 1 of Pao D Iw ih Mn e t Op One I of Alm mseai o a e ty IC mal I da PARTICIPATING ADDENDUM [hereinafter Addendum I For WSCAINASPO PC Contracts 2009 2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter Contractor'] and City of Carmel Indiana [hereinafter Participating Entity] B27164 Page 1 of 5 1 Scope This Addendum covers the WSCA/NASPO PC Contracts 2009-2014(Computer Equipment Peripherals and Related Services) lead by the State of Minnesota for use by the City of Carmel Indiana This entity has been,authorized by the State Chief Procurement Official of the state within which it is located to use the WSCAINASPO PC Contracts 2009 2014 2 Participation Use of specific WSCAINASPO cooperative contract by state agencies political subdivisions and other entities (including cooperatives) authonzed by an individual state s statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official Issues of interpretation and eligibility for participation are solely within the authonty of the State Chief Procurement Official 3 Changes No changes are required 4 Continuation of Participation from WSCAINASPO PC Contracts 2004 2009 To the extent permitted by the laws and rules of the state in which an individual participating entity is located valid participating addenda for the WSCAINASPO PC Contracts 2004 2009 are hereby extended to include participation in the WSCA/NASPO PC Contracts 2009-2014 The authorization to participate in the WSCAINASPO PC Contracts 2004-2009 is sufficient to permit participation in the WSCA/NASPO PC Contracts 2009-2014 unless specifically denied by the appropnate chief state procurements official PARTICIPATING ADDENDUM Thereinafter Addendum ] For WSCAINASPO PC Contracts 2009 2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter Contractor] and City of Carmel Indiana [hereinafter Participating Entity ] B27164 Page 2 of 5 5 Lease Agreements No Leasing Is Authorized Under this Addendum 6 Pnmary Contacts The pnmary government contact individuals for this Addendum are as follows (or their named successors) Lead State Name Bernadette Kopischke Address 112 Admin Bldg St Paul MN 55155 Telephone (651) 201-2450 Fax (651) 297-3996 E-mail bemie koolschke(r$state mn us Contractor Name Debra Lee Address 442 Swan Blvd Deerfield IL 60015 Telephone 847 537 0344 Fax 281 927 5213 E-mail debra leetth° corn PARTICIPATING ADDENDUM [hereinafter Addendum ] For WSCA/NASPO PC Contracts 2009 2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter Contractor ] and City of Carmel Indiana [hereinafter Participating Entity ] B27164 Page 3 of 5 Participating Entity Name Terry N Crockett Address Three Civic Square Telephone 317-571 2567 Fax 317-571 2568 E-mail tcrockett@carmel in gov 7 Servicing Subcontractors Only those HP Authorized subcontractors and/or resellers and service providers attached hereto or as listed on the HP/State website at www hp com/buy/wscan+ are eligible to support the Price Agreement The listed HP Authorized subcontractors and/or reseller agents and service providers are those providers included in HP s Partner One Reseller and/or Reseller Agent Program and as approved by the Participating Entity and HP Orders and payments are to be handled by HP directly unless otherwise mutually agreed by HP and the Participating Entity as specified in this section of the Participating Addendum All purchase orders issued by purchasing entities with the junsdretron of this Addendum must include the Master Price Agreement Number B27164 8 Compliance with reporting requirements of the "American Recovery and Reinvestment Act of 2009" ("ARRA") If or when contractor is notified by ordering entity that a specific purchase or purchases are being made with ARRA funds contractor agrees to comply with the data element and reporting requirements that are legally required of providers of goods and related services Ordering entity is responsible for informing contractor as soon as the ordering entity is aware that ARRA funds are being used for a purchase or purchases Contractor will provide any required report to the ordering entity as required by law The Contractor as it relates to purchases under this contract is not a subcontractor or subgrantee but simply a provider of goods and related services PARTICIPATING ADDENDUM [hereinafter Addendum For WSCAINASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett-Packard Company [hereinafter Contractor ] and City of Carmel Indiana [hereinafter Participating Entity ] B27164 Page 4 of 5 This Addendum and the Master Pnce Agreement together with its exhibits set forth the entire agreement between the parties with respect to the subject matter of all previous communications representations or agreements whether oral or written with respect to the subject matter hereof Terms and conditions inconsistent with contrary or in addition to the terms and conditions of this Addendum and the Master Price Agreement together with its exhibits shall not be added to or incorporated into this Addendum or the Master Pnce Agreement and its exhibits by any subsequent purchase order or otherwise and any such attempts to add or incorporate such terms and conditions are hereby rejected The terms and conditions of this Addendum and the Master Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms This Addendum applies only in the jurisdiction of the Participating State or Participating Entity which has executed this Addendum IN WITNESS tWHEREOF the parties have executed this Addendum as of the date of execution by Contractor below Signatures as required by State Statutes, Rules or Policies PARTICIPATING ADDENDUM [hereinafter Addendum ] For WSCAINASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter Contractor] and City of Carmel Indrana [hereinafter Participating Entity ] B27164 Page 5 of 5 Approved and Adopted this A day of 20_ CITY OF CARMEL, INDIANA Hewlett Packard Company By and through its Board of Public Works and Safety BY ✓PJ es Brainard Presi mg Offi Signature Date Pnnted Name ary Burke Member Date x � y-oy Title Lon S arse., tember Date $111 f s f o Datc ATTES .{_ �lfJ ` ( YI L at-SA Diana ordray !MCA, Glerk Treas Date ell `I/49 PARTICIPATING ADDENDUM [hereinafter Addendum ] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett-Packard Company [hereinafter Contractor] and City of Carmel Indiana [hereinafter Participating Entity ] B27164 Page 5 of 5 Approved and Adopted this_day of 20_ CITY OF CARMEL INDIANA Hewlett Packard Company By and through its Board of Public Works and Safety BY e i � .. . J es Brainard Presiding Officer Signature Date O — lc.—be + Printed ,Name ,� ary A Burke, Me" _/ --07 /J����v Date J l Title e V Lon S Watco ember 41 .27 OS Date $1 f4 for Date AT(T 0kn V C \ L, J) Y$).Sj Dan rdray I C 0Clerk Treasurer Date 6 ' 1 7