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8H Consent 2016 0418
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8H Consent 2016 0418
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Last modified
4/25/2016 5:23:33 PM
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4/14/2016 10:34:31 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/18/2016
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PERM
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_CC Agenda 2016 0418 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0418
Reso 2016-043
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
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<br />84 SECTION 6: ATTACHMENTS | 2014_0122 <br /> <br />documentation by submitting the most current audited financial statements so that the State can ascertain the <br />ability of the Contractor to cover the deductible from its own resources. <br /> <br />The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and <br />Contractor shall maintain such insurance for a period of at least three (3) years, following completion of the work. <br />If such insurance is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this <br />requirement. <br /> <br />Upon notification of award, and within seven (7) days of notification, the awarded vendor(s) must provide a <br />Certificate of Insurance with the coverage and amounts called for in the solicitation. Any Contract awarded will not <br />be executed until the Certificate of Insurance has been received and approved by the State. The State reserves <br />the right to rescind the Contract award if the vendor does not provide the Certificate of Insurance within the <br />required time. <br /> <br />11. INDEMNIFICATION. For clarification and not as a limitation, the Contract Vendor hereby expressly extends, in <br />addition to the other terms, conditions and specifications of the Contract, the foregoing defense and <br />indemnification obligations to Cooperative Purchasing Venture (CPV) Members, including Board of Trustees of <br />the Minnesota State Colleges and Universities, in addition to Agency as defined in Minn. Stat. 16.C.02, in <br />addition to the legislative and judicial branches and constitutional offices of state government. <br /> <br />12. PAYMENT. Minn. Stat. § 16A.124 requires payment within 30 days following receipt of an undisputed invoice, <br />merchandise or service, whichever is later. Terms requesting payment in less than 30 days will be changed to <br />read “Net 30 days.” The Ordering Entity is not required to pay the Contract Vendor for any goods and/or services <br />provided without a written purchase order or other approved ordering document from the appropriate Ordering <br />Entity. In addition, all goods and/or services provided must meet all terms, conditions and specifications of the <br />Contract and the ordering document and be accepted as satisfactory by the Ordering Entity before payment will <br />be issued. <br /> <br />Conditions of Payment. The Contract Vendor under the Contract must be in accordance with the Contract as <br />determined by the sole discretion of the State’s Authorized Representative and be in accordance with all <br />applicable federal, state, and local laws, ordinances, rules, and regulations including business registration <br />requirements of the Office of the Minnesota Secretary of State. <br /> <br />13. PRODUCTS CONTAINING CERTAIN TYPES OF POLYBROMINATED DIPHENYL ETHER BANNED. By <br />signing the Contract, Contract Vendor certifies that they have read and will comply with Minn. Stat. §§ 325E.385- <br />325E.388. <br /> <br />14. PURCHASING CARDS. Contract Vendor will accept a purchasing card for order placement in addition to <br />accepting a purchase order, without adding a surcharge or passing the processing fees or for the purchasing <br />card back to the State. The State’s per transaction limit is currently $2,500 and is subject to change. <br /> <br />15. PROFESSIONAL/TECHNICAL (P/T) SERVICES. For state agencies, Professional/Technical Services must be <br />related to the equipment and/or software purchased from this Contract and is limited to $50,000 per project and <br />must be in the scope of the Master Agreement and the Participating Agreement. Based on the size, scope and <br />complexity of the project, the State (Department of Administration, Materials Management Division) reserves the <br />right, on a case by case basis, to approve dollar limits exceeding $50,000 per project. Professional/Technical <br />Services above the $50,000 dollar limit must be related to said project. State agencies must request, in writing, <br />and obtain prior written approval from the MMD - Professional/Technical Contracts Section, before proceeding <br />with projects exceeding the $50,000 limit. <br /> <br />16. PRINTERS AND MULTI-FUNCTIONAL DEVICES. The Contract Vendor must indicate in the catalog or other <br />marketing materials if the product will not operate, is not intended to operate, or will not operate under full <br />manufacturer’s warranty, using paper with a post-consumer recycled content. If any descriptive marketing <br />materials are silent as to functions utilizing recycled content paper, the Contract Vendor agrees that the <br />customer can assume the product meets or exceeds the State requirements. <br /> <br />17. RETAINAGE. For Professional/Technical Services ten percent (10%) of the cost of each deliverable will be <br />withheld by the State. The retainage will be held by the State until the deliverable has been reviewed by the head
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